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

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PRIVATE AND SPECIAL STATUTES 



eommontueaUi) of M9^s9f^n»ttts. 



PRIVATE AND SPECIAL 



7J 



STATUTES 



V ^/ 7 -^ 



Commontoealtff of ^l^a^^actm^ett^. 



FROM MAY 1830, TO APRIL 1837 : 



REVISED AND PUBLISHED 



BY AUTHORITY OF THE LEGISLATURE, 



IN CONFORMITY TO A RESOLVE, 



PASSED APRIL IG, 1S3G. 



WITH AN APPENDIX, 



CONTAINING SOME ACTS PASSED PREVIOUS TO OCTOBER 25, 1780. 



VOL. VIL 




]3oi$ton: 

PUBLISHED BY DUTTON AND WENTVVORTH, STATE PRINTERS 

Nos. 10 and 12 Exchange Street. 

1837. 



PRIVATE AND SPECIAL 



^tatutt^ 



OF 



An Act in further addition to an Act, entitled " An Act for incorporating' certain per- (Jfinirj 1 
sons for the purpose of biiilding a Bridge over Neponsit INeporisei] River, between Jr' * 

Dorchester and Quincy, and for supporting the same." 1801 ch. 74. 

E it enacted by the Senate and House of Representatives, in 1802 ch. 48. 



B 



General Court assembled, and by the authority of the same, (v. 3. p. 40.) 
That the Proprietors of Neponsit Bridee be, and hereby are au- Proprietors 

• /•• 3.Qtnor!ZPQ to 

thorized to build one additional pier on each side of said bridge, build additional 
for the preservation of the same, and for the accommodation of P'^r- 
vessels passing the draw of said bridge, not exceeding one hun- 
dred feet in length or breadth, any thing in said act to which this 
is in addition to the contrary notwithstanding. [June 5, 1830.] 

An Act in addition to " An Act to prevent the destruction of Oysters and other iShell C/h(XV' 2« 
Fish in this Commonwealth." » * 

BE it enacted by the Senate and House of Representatives, in General Court as- ^ '"*' en. 11. 
sembled, and by the authority of the same, That all the provisions, restrictions and 
penalties of, and proceedings directed in an act passed in the year of our Lord one 
thousand seven hundred and ninety, six, entitled " an act to prevent the destruction of 
oysters and other shell fish in this Commonwealth," be, and the same are hereby ex- 
tended to the town of Plymouth, in the county of Plymouth. [June 5, 1830.] Repeal- 
ed, 1836 ch. 7. 

An Act to authorize the Union Marine Insurance Company to reduce its capital stock. (JKrir) 3 

Sect. 1. BE it enacted by the Senate and House of Repre- isosch. 92. 
sentatives, in General Court assembled, and by the authority of (v- 3. p. 333.) 
the same. That the Union Marine Insurance Company be, and (v. 3.^485.) 
they hereby are authorized to reduce the capital stock of said I810 ch. 47. 
corporation to one hundred thousand dollars, and to divide the 1323 ch. 14. ^ 
excess among the stockholders proportionally ; and such reduced Qj^pjtai stock 
capital stock shall be divided into two thousand five hundred reduced, 
shares, each share to consist of forty dollars ; and a sum not ex- 
ceeding ten thousand dollars may be vested in real estate : pro- 
vided, that nothing herein contained 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. 

VOL. VII. 1 



2 



1830.- 



•Chap. 3—4. 



Former con- 
tracts not to be 
impaired. 

When this act 
shall take effect. 



Chap. 4. 



Persons incor- 
porated. 



Powers. 



Proviso. 



Capital stock, 
directors, &c. 



Sect. 2. Be it further enacted, That no contracts whatever, 
heretofore made by said corporation shall be in any manner af- 
fected or impaired by said reduction and division. 

Sect. 3. Be it further enacted, That this act shall not take 
effect until, by reassurance or compromise 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. [June 5, 1830.] 

An Act to establish the Boston and Lowell Rail-road Corporation. 

Sect. 1. ^JG it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same, That John F. Loring, Lemuel 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 hereby are made capable in law, 
to sue, and to be sued to final judgment and execution, plead and 
be impleaded, defend and be defended, in any courts of record, 
or in any other place whatever ; to make, have and use a com- 
mon 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 em- 
powered to locate, construct, and finally complete a rail-road, at 
or 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, embankments, 
and stone and gravel, may take 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 materials 
for the purpose aforesaid, shall be paid for by said corporation, 
in the manner herein after provided. 

Sect. 2. Be it further enacted. That the capital stock of 
said corporation shall consist of one thousand shares ; and the 
immediate government and direction of the affairs of the said cor- 
poration shall 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 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 



1830. Chap. 4. 3 

directors, in a sum not less than twenty thousand dollars, for the 
faithful discharge of his trust. 

Sect. 3. Be it further enacted, That the president and di- Powers of pres- 
rectors for the time being are hereby authorized and empowered, Sectors" '' 
by themselves, or their agents, to exercise all the powers herein 
granted to the corporation, for the purposes of locating, con- 
structing and completing said rail-road ; and all such other pow- 
ers and authority for the management of the affairs of the cor- 
poration, not heretofore granted, as may be necessary and prop- 
er to carry into effect the objects of this grant ; to purchase and 
hold land, materials, and other necessary things in the name of 
the corporation, for the use of said road ; to make such equal 
assessments, from time to time, on all the shares in said corpo- 
ration, as they may deem expedient and necessary in the execu- 
tion and progress of the work, and direct the same to be paid to 
the treasurer of the corporation. And the treasurer shall give 
notice of all such assessments. And in case any subscriber sale of delin- 
shall neglect to pay his assessment, for the space of thirty days gent's shares, 
after due notice by the treasurer of said corporation, the direc- 
tors may order the treasurer to sell such share or shares at pub- 
lic auction, after giving due notice thereof, to the highest bidder, 
and the same shall be transferred to the purchaser. And such 
delinquent subscriber shall be held accountable to the corpora- 
tion for the 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 overplus, if his share or shares 
shall sell for more than the assessments due, with interest, and 
the costs of sale : provided, however, that no assessments shall Proviso, 
be laid upon any shares in said corporation, of a greater amount 
in the whole, than five hundred dollars on each share. 

Sect. 4. Be it further enacted, That the said corporation By-laws, &c. 
shall have power to make, ordain and establish all such by-laws, 
rules, regulations and ordinances, as they shall deem expedient 
and necessary to accomplish the designs and purposes, and to 
carry into effect the provisions of this act, and for the well or- 
dering, regulating, and securing the interests and affairs of the 
corporation : provided, the same be not repugnant to the consti- 
tution and laws of the Commonwealth. 

Sect. 5. Be it further enacted, That a toll be, and hereby Tolls, 
is granted and established, for the sole benefit of said corpora- 
tion, upon all passengers and property of all descriptions which 
may be conveyed or transported upon said road, at such rates 
per mile, as may be agreed upon and established from time to 
time by the directors of said corporation. The transportation 
of persons and property, the construction of wheels, the form 
of cars and carriages, the weight of loads, and all other matters 
and things in relation to the use of said road, shall be in con- 
formity to such rules, regulations and provisions as the directors 
shall from time to time prescribe and direct, and said road may 
be used by any persons who shall comply with such rules and 
regulations : provided^ however, that, if at the expiration of four Proviso. 



1830.- 



•Chap. 4. 



Toll-houses and 
reports to the 
Legislature. 



Corporation 
shall pay dam- 
ages for land 
taken. 



Lands of in- 
fants, &c. how 
tciken. 



Penalties for 
malicious inju- 
ries. 



years from and after the completion of said road, the net income 
or receipts from tolls, and other profits, taking the four years 
aforesaid as the basis of calculation, shall have amounted to more 
than ten per cent, per annum upon the cost of the road, the 
Legislature may take measures to alter and reduce the rate of 
tolls and other profits, in such manner as to take off the over- 
plus for the next four years, calculating the amount of transpor- 
tation 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. 

Sect. 6. Be it further enacted, That the directors of said 
corporation for the time being are hereby authorized to erect 
toll-houses, establish gates, appoint toll-gatherers, and demand 
toll, upon the road, when completed, and upon such parts there- 
of 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. 

Sect. 7. Be it further enacted, That the said corpora- 
tion shall be holden to pay all damages that may arise to any 
person or persons, corporation or corporations, by taking their 
land for said rail-road when it cannot be obtained by voluntary 
agreement, to be estimated and recovered in the manner provid- 
ed by law, for the recovery of damages happening by the laying 
out of highways. 

Sect. 8. Be it further enacted, That, when the lands or 
other property or estate of any femme covert, infant or person 
non compos mentis, shall be necessary for the construction of 
said rail-road, 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 holden by them, 
in their own right respectively. 

Sect. 9. Be it further enacted. That, if any person shall 
wilfully, maliciously, or wantonly, and contrary to law, obstruct 
the passage of any carriage on said rail-road, or in any way 
spoil, injure or destroy said rail-road, or any part thereof, or any 
thing belonging thereto, or any material or implements to be em- 
ployed in the construction or for the use of said road ; he, she 
or they, or any person or persons, assisting, aiding or abet- 
ting 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 treasurer of the corpora- 
tion or other officer, whom they may direct, to the use of said 
corporation. And such offender or offenders, shall be liable to 
indictment by the grand inquest, for the county within which 
such trespass shall have been committed, for any offence or of- 
fences, contrary to the above provisions, and on conviction 
thereof before any court of common pleas, to be holden in said 



1830. Chap. 4. 5 

county, shall pay a fine not exceeding one hundred dollars, and 
not less than thirty dollars, to the use of the Commonwealth, or 
may be imprisoned for a term not exceeding one year, at the 
discretion of the court before whom the conviction may be had. 

Sect. 10. Be it further enacted, That the annual meeting Annual meet- 
of the members of said corporation shall be holden on the first ing, votes and 
Wednesday of January, at such time and place as the directors ^'^^ meeting. 
for the time being shall appoint, at which meeting five directors 
shall be chosen by ballot, each proprietor 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, are 
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. 

Sect. 11. Be it further enacted, That if the said rail-road, Construction of 
in the course thereof, shall cross any private way, the said cor- a'i^Js^J ''u'lj^fc 
poration shall so construct said rail-road as not to obstruct the and private 
safe and convenient use of such private way ; and if said rail- "^^y^- 
road shall not be so constructed, the party aggrieved shall be en- 
titled to his action on the case, in any court proper to try the 
same, and shall recover his reasonable damages for such injury ; 
and if the said rail-road shall, in the course thereof, cross any 
canal, turnpike or other highway, the said rail-road shall be so 
constructed as not to impede or obstruct the safe and 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 conveniently pass under or over the same. And if said 
corporation shall raise or lower any such turnpike, highway or 
private way, pursuant thereto, and shall not so raise or lower the 
same as to be satisfactory to the proprietors of such turnpike, or 
to the selectmen of the town in which said highway or private 
way may be situate, as the case may be, said proprietors or se- 
lectmen may require in writing of said corporation such altera- 
tion or amendment as they may think necessary. And if the re- 
quired amendment or alteration be reasonable and proper, and 
the said corporation shall unnecessarily and unreasonably neglect 
to make the same, such proprietors or selectmen, as the case 
may be, may proceed to make such alteration or amendment, 
and may institute and prosecute, to final judgment and execution, 
in any court proper to try the same, any action of the case 
against said corporation, and shall therein recover a reasonable 
indemnity in damage for all charges, disbursements, labor and 
services occasioned by making such alteration or amendments, 
with costs of suit. 

Sect. 12. Be it further enacted. That no other rail-road Grants of other 
than the one hereby granted, shall, within thirty years from and sirl'ted!^'^ ^^' 
after the passing of this act, be authorized to be made, leading 



1830.- 



■Chap. 4 — 5. 



Government 
may purchase 
rail-road. 



Conditions of 
this act. 



Chap. 5. 



Persons incor- 
porated. 



Powers. 



from Boston, Charlestown or Cambridge, to Lowell, or from 
Boston, Charlestown or Cambridge, to any place within five 
miles of the northern termination of the rail-road hereby author- 
ized 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 virtue of the fifth section of 
this act : provided^ also, that it shall be in the power of the gov- 
ernment, at any time during the continuance of the charter here- 
by granted, after the expiration of ten years from the opening 
for use of the rail-road herein provided to be made, to purchase 
of the said corporation the said rail-road, and all the franchise, 
property, rights and privileges of the said corporation. Tin pay- 
ing 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 have been received by the 
stockholders ; and after such purchase, the limitation provided 
in this section shall cease and be of no effect. 

Sect. 13. Be it further enacted, That if the amount of 
stock for said rail-road shall not have been subscribed, the com- 
pany organized, and the location of the route filed with the coun- 
ty commissioners 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 said stock shall have been sub- 
scribed, the company organized, and the location made as afore- 
said, but the said corporation 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. [June 5, 1830.] Add. acts, 
1830 ch. 79 : 1832 ch. 87 : 1834 ch.l : 1836 ch. 146. 

An Act to incorporate the Woodbridge School. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the author- 
ity of the same, That Joseph Strong, Maltby Strong and Ed- 
ward Hooker, with their associates, successors and assigns, be, 
and they hereby 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 sciences 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 necessary, may 
have a common seal, which they may alter or renew at their 
pleasure, may make contracts, may sue and be sued in all ac- 
tions, and prosecute and defend the same to final judgment and 



1830. Chap. 5—6. 7 

execution, and may make and establish any by-laws, rules and 
regulations for the general government of their affairs, and for 
the division of their property into shares, and for the sale and 
transfer thereof : provided^ the same are not repugnant to the 
constitution and laws of this Commonwealth. 

Sect. 2. Be it further enacted, That said corporation may Real and per- 
lawfully hold and possess such real estate, not exceeding in value ^°"^' estate, 
twenty thousand dollars, and such personal estate, not exceeding 
in value thirty thousand dollars, as may be necessary and con- 
venient for the purpose aforesaid, the income or proceeds of 
which shall be appropriated exclusively to the purposes of edu- 
cation. 

Sect. 3. Be it further enacted, That said corporation Assessments, 
may, from time to time, at any legal meeting called for the pur- 
pose, assess upon each share in the capital stock, such sum or 
sums of*money as they may judge expedient for the objects of 
the incorporation, and for 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 Saie of deiin- 
of thirty days after such time of payment, it shall be lawful for quents' shares. 
the treasurer to sell, at public vendue, such part of the shares of 
such delinquent proprietor as may be sufficient to pay such as- 
sessments, with incidental charges, giving notice 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 successive- 
ly before the day of sale, and such sale shall be a legal transfer 
of the share or shares so sold to the purchaser thereof. 

Sect. 4. Be it further enacted, That any one of the per- First meeting, 
sons named in this act may call the first meeting of said corpo- 
ration, 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, [/wne 5, 1830.] 

An Act to authorize the enclosing of a part of Cambridge Common. CflttV 6 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same, That Israel Porter, Stephen Higginson, Asahel Persons author- 
Steams, Joseph Homes, and Francis Dana, with their associ- parts of^Cam-^ 
ates, be, and they hereby are authorized and empowered, at their bridge common. 
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 determine, 
due regard being had to the public convenience and necessity. 
And the said commissioners, after giving notice to all per- 
sons interested, shall have power to make such alterations with 
respect 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 



1830.- 



-Chap. 6—7. 



Enclosure ap- 
propriated to 
public use only. 



Penalties for 
malicious inju- 
ries. 



Condition of this 
act. 



Chap. 7. 

1821 ch. 110. 

1822 ch. 107. 
1824 ch. 49. 
1829 ch. 80. 



Mayor, how 
elected in cer- 
tain cases. 



and seals, and file the same in the secretary's office, as soon as 
may be convenient after the said service shall have been per- 
formed. And they are further authorized and empowered to 
level the surface 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. 

Sect. 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 place for military parade ; and no 
part thereof shall, on any pretence, be appropriated to any pur- 
pose of private use or emolument. 

Sect. 3. Be it further enacted, That if any person shall 
maliciously or wantonly injure or destroy the fences, trees, walks, 
or any matter or thing pertaining to said enclosure, every person 
so offending shall forfeit a sum not exceeding fifty dollars, ac- 
cording to the nature and aggravation of the offence, to be pros- 
ecuted 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 Cambridge, 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 Cambridge. 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. 

Sect. 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. [June 5, 1830.] 

An Act providing in certain cases for the Election of Ma3'or of the City of Boston. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same. That whenever, on examination by the mayor and al- 
dermen of the city of Boston, of the returns of votes given for 
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 presence of the 
members returned to serve as aldermen and common council- 
men ; and thereupon the oaths prescribed by law may be admin- 
istered to the members elect, by any one of the justices of the 



1830. Chap. 7—8. 9 

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 alder- 
men 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 
provided 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 warrants 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 respects, as are directed in and by the provisions of 
the fifth section of the city charter, and repeated, from time to 
time, until a mayor shall be chosen, by a majority of all the vo- 
ters voting at such elections. 

Sect. 2. Be it further enacted^ That, in case any person Refusal of of- 
elected mayor of said city shall refuse to accept the office, the '^^' 
same proceedings shall be had in all respects, as are herein be- 
fore 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 sickness or otherwise, of the 
mayor elect, on the first Monday in January, the city govern- 
ment shall organize itself in the mode herein before provided, 
and may proceed to business in the same manner as if the mayor 
were present. 

Sect. 3. Be it further enacted, That this act shall be void, Ac* to be void 

1 1 • 1 1 • "^ r ■ , ■ /• Ti 11- J unless adopted 

unless the mhabitants of said city oi Jtsoston, at a legal city meet- by the city of 
ing, called for that purpose, shall, by a written vote, determine Boston, 
to adopt the same, within twelve days from the time of the pass- 
ing of this act. [June 5, 1830.] 

An Act to incorporate the Charlestown Fire and Marine Insurance Company. Chtt'D, 8. 

Sect. 1 . BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
same, That Timothy Walker, David Devens, Samuel Devens, Persons incor- 
Isaac Warren, Thomas J. Goodwin, Chester Adams, John P^f^'^''- 
Skinner, Isaac Mead, David Fosdick, 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 changed 
name of the Charlestown Fire and Marine Insurance Company, ^^^^ '^^' ^"^ 
with all the powers and privileges granted to insurance compa- Powers and 
nies, and subject to all the restrictions, duties, and oligations °"^'^^- 
contained in a law of this Commonwealth, entitled "an act to tsn ch. 120. 
define the powers, duties and restrictions of insurance compa- 
nies," passed on the sixteenth day of February, in the year of 
our Lord one thousand eight hundred and eighteen, and in a law 
of this Commonwealth entitled "an act authorizing the several I8i9ch. 141. 
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 

VOL. VII. 2 



10 1830. Chap. 8. 

during the term of twenty years after the passing of this act ; 
and, by that name may sue and be sued, plead and be implead- 
ed, appear, prosecute and defend, to final judgment and execu- 
tion ; and may have a common seal, which they may alter at 
pleasure, and may purchase, hold and convey any estate, real or 
Real estate. personal, for the use of said company : provided, the said real 
estate shall not exceed the value of twenty-five thousand dollars, 
excepting such as may be taken for debt, or held as collateral 
security for money due to said company. 
Capital stock, Sect. 2. Be it further enacted, That the capital stock of 
shares and the said company shall be one hundred thousand dollars, and shall be 
stahnents.'' '"' divided into shares of one hundred dollars each ; fifty thousand 
dollars of which shall be paid in money within sixty days after 
the first meeting of the said company, and the residue within one 
year from the passing of this act, in such instalments and under 
such penalties as the president and directors shall, in their dis- 
cretion, 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 provisions of 
this act shall not be complied with, within one year from the 
first meeting, then the same shall be void. 
Choice of direc- Sect. 3. Be it further enacted, That the stock, property, 
tors, &c. affairs and concerns of the said company shall be managed and 

conducted by seven directors, one of whom shall be president 
-thereof, who shall hold their offices for one year, and until others 
are chosen, and no longer, and 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 newspapers printed in Charlestown or Boston, and 
continued for the space of ten days immediately preceding such 
election ; and the election shall be made by ballot by a majority 
of the stockholders present, allowing one vote to each share in 
Right of voting, the Capital stock : provided, that no stockholder shall be allowed 
more than thirty votes, and absent stockholders may vote by 
proxy under such regulations as said company shall prescribe. 
And if, through any unavoidable accident, the said directors shall 
not be chosen on the first Monday in May as aforesaid, it shall 
be lawful to choose them on any other day, in the manner herein 
provided. 
President, how Sect. 4. Be it further enacted. That the directors, when 
chosen. chosen, shall meet as soon as may be after every election, and 

shall choose out of their body one person to be president, who 
shall be sworn or affirmed to the faithful discharge of the duties 
of his office, and who shall preside for one year. And in case 
of the death, resignation, or inability to serve, of the president, 
or any director, such vacancy or vacancies shall be filled, for the 
remainder of the year in which they happen, by a special election 



1830. Chap. 8. 11 

for that purpose, to be held in the same manner as herein before 
directed respecting annual elections of directors. 

Sect. 5. Be it further enacted , That the president and three Board for trans- 
of the directors, or four of them in his absence, shall be a board ness!"° 
competent to the transaction of business ; and all questions before 
them shall be decided by a majority of votes, and they shall have 
power to make and prescribe such by-laws, rules and regulations, 
as to them shall appear needful and proper, touching the manage- 
ment and disposition of t[ie 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 carry- 
ing on the said business, and with such salaries and allowances to 
them and to the president, as to the said board shall seem meet : 
provided, such by-laws and regulations shall not be repugnant to 
the constitution and laws of this Commonwealth. 

Sect. 6. Be it further enacted, That any two or more of First meeting, 
the persons named in this act are hereby authorized to call a ^^' 
meeting of said company, by advertising the same for two suc- 
cessive weeks in the Bunker Hill Aurora, printed in Charlestown, 
and Columbian Centinel, in Boston, for the purpose of electing 
their first board of directors, who shall continue in ofBce till the 
first Monday in May, in the year of our Lord then next ensuing, 
and until others shall be chosen in their stead : provided, however, 
that this charter shall be void and of no effect, unless put in ope- 
ration agreeably to the terms of it, within one year from and after 
the passing of this act. ^nd provided, also, that the said com- 
pany 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. 

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

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

Sect. 9. Be it further enacted, That the said Charlestown Liability to be 
Fire and Marine Insurance Company shall be liable to be taxed '^*^'^- 
by any general law providing for the taxation of all similar corpo- 
rations which are by law liable to be taxed. 

Sect. 10. Be it further enacted, That this act may be al- Legislative cen- 
tered, amended or repealed, at the pleasure of the Legislature. ^^°^' 
[June 5, 1830.] Add. act, 1831 ch. 25. 



12 



1830.- 



-Chap. 9—12. 



Chap. 9. 



Persons incor- 
porated. 



Powers and 
duties. 



1829 ch. 53. 



Real and per- 
sonal estate. 



An Act to incorporate the Middlesex Company. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, irt General Court assembled, and by the authority 
of the same. That Samuel Lawrence and William W. Stone, 
together with such other persons as may become associates with 
them, their successors and assigns, be, and they hereby are cre- 
ated a body corporate, by the name of the Middlesex Company, 
for the purpose of manufacturing 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, contained and provided in and by an act 
passed on the twenty-third day of February, in the year of our 
Lord one thousand eight hundred and thirty, entitled " an act 
defining the general powers and duties of manufacturing corpora- 
tions." 

Sect. 2. Be it further enacted, That the said corporation 
may take and hold such real estate, not exceeding in value the 
sum of two hundred and fifty thousand dollars, and such personal 
estate, not exceeding in value two hundred and fifty thousand 
dollars, as may be suitable and convenient for carrying on the 

manufactures aforesaid. [June 5, 1830.] 

. » ' 

C/hctJ), 10. -^^ ^^"^ *° establish the Boundary Line between the towns of Springfield and Ludlow, 
* in the county of Hampden. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the autliority of the same, 
Boundary line. That, from and after the passage of this act, the boundary line 
between the towns of Springfield and Ludlow shall be established 
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. [June 5, 
1830.] 



Chap. 12. 



Concurrent ju- 
risdiction of the 
Police Court 
and Municipal 
Court. 
1816 ch. 112. 



1786 ch, 68. 

See 1830 ch. 
136 § 8. 



Repeal of 1829 
ch. 112. 



An Act concerning the Jurisdiction of the Police Court in the city of Boston. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of the 
same. That the police court of the city of Boston shall have con- 
current jurisdiction with the municipal court of said city, in all 
cases, (excepting where the fine, penalty or forfeiture exceeds 
twenty dollars,) arising under an act, entitled, " an act in addi- 
tion 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 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. 

Sect. 2. Be it further enacted, That an act entitled "an 
act concerning the jurisdiction of the police court in the city of 



1830. Chap. 12—14. IS 

Boston," passed on the twelfth day of March, in the year of our 
Lord one thousand eight hundred and thirty, be, and the same is 
hereby repealed, except so far as respects any prosecutions and 
proceedings heretofore instituted and now pending under the 
same. [June 5, 1830.] 

An Act to revive and continue in force an Act establishing a corporation by the name (JJldf), \ 3. 
of the Social Insurance Company. -_ _ -T'p^ 

Sect. 1. BE it enacted by the Senate and House of Repre- isos ch. si. 
sentatives, in General Court assembled, and by the authority of '^^"^ '^^- ^^^" 
the same, That an act entided "an act establishing a corpora- 
tion 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-enacted and continued in Revival. 
force, for and during the term of ten years from and after the. 
passing of this act ; any acts or parts of acts heretofore passed, 
to the contrary notwithstanding : provided, however, that said Proviso, 
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. 

Sect. 2. Be it further enacted, That, for the purpose of Reorganization, 
reorganizing sara corporation, a meeting of the stockholders may 
be called by Dudley L. Pickman, and William Silsbee, or eith- 
er of them, by an advertisement, giving ten days notice thereof, 
in one of the newspapers printed in the town of Salem. [June 
5, 1830.] 

An Act to reduce the Capital Stock of the American Bank. C^hnrt 1 A 

Sect. 1. BE it enacted by the Senate and House of Rep- .go^ "T i^o 
resentatives, in General Court assembled, and by the authority of isie ch. IM. 
the same, That, on and after the first Monday of October next. Capital stock 
the capital stock of the banking corporation created and estab- educed, 
lished in Boston, in the county of Suffolk, by an act passed and 
approved the twentieth day of February, in the year of our 
Lord one thousand eight hundred and twenty-four, by the cor- 
porate name of the President, Directors and Company of the 
American Bank, shall consist of five hundred thousand dollars, 
divided into five thousand 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 oe 
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 o 
the capital stock so owned and held by each stockholder respec- 
tively, at its full par value, with such profits or dividend as may 
then belong to the same ; and shall then deliver to such stock- 
holders new certificates, in shares of one hundred dollars each, 
for the stock remaining unpaid, receiving at the same time the 
old certificates held by such stockholders : provided, however. Proviso, 
that in case there shall remain to any stockholder, after receiving 
one third of his capital stock as aforesaid, and a new certificate 



14 



1830.- 



-Chap. 14—16. 



Dividend when 
to be made. 



at one hundred dollars for each share, a fraction or part of his 
capital stock, less than one hundred dollars, such fraction or part 
shall be paid to him at its full par value, or be adjusted in such 
other manner as the parties may elect and agree upon. 

Sect. 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 expense 
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 liabili- 
ty of the corporation, or the individual stockholders, as estab- 
lished by the original act incorporating said bank, or any other 
existing lavi^. 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 same shall be actually reduced as aforesaid, 
and all arrearages of taxes paid. 

Sect. 3. Be it further enacted, That the liability of the 
Commonwealth, president, directors and company of the said bank, to loan to the 
Commonwealth, shall be in proportion to the sum of the capital 
of said corporation when reduced as aforesaid. 

Sect. 4. Be it further enacted, That so much of the afore- 
said act passed February 20, 1824, and of an act in addition 
thereto, passed March 10, 1827, as is inconsistent with the pro- 
visions of this act, be, and the same is hereby repealed. ^June 
5, 1830.] Add. act, 1830 ch. 58. 



Tax 



Loans to the 



Repeal. 
1823 ch. 120. 
1826 ch. 134. 



Chap. 16. 

Special term. 
Power granted. 



Duty of the 
clerk, jurors, 
&c. 



Attorney gene- 
ral and solicitor 
general shall at- 
tend. 



An Act to provide a Special Term of the Supreme Judicial Court within and for the 

County of Essex. 

Sect. 1. BE it enacted by the Senate and House of Representatives, in General 
Court assembled, and bxj the autJioi'ity of the same, That a term of the Supreme Judi- 
cial Court shall be held at Salem, within and for the county of Essex, on the third 
Tuesday of Jul}' next, hy three or more of the justices of said court, at which term the 
justices 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 presented by the 
grand jury, as of such as shall be presented, at the term hereby provided to be held, 
by the grand jury, which shall attend said court. 

Sect. 2. Beit further enacted, ThciX the said court, holden in virtue of this act, 
shall have full power and authority to hear, judge of, try and determine all cases of a 
criminal nature, whether capital and punishable by death, according to existing 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 lawfully do at any term 
now by law stated to be held, within and for said county of Essex. 

Sect. 3. Be it further enacted. That the clerk of said court, for the county of Es- 
sex, 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 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, constables 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 justice, 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. 

Sect. 4. Be it further enacted, That it shall be the duty of the attorney general 
and the solicitor general, respectively, to attend the sitting of the said court, at tlie said 
term, for the purpose of taking charge of, and conducting any criminal business which 
may happen, or be brought before the said court. 



1830. Chap. 16--19. 15 

Sect. 5. Be it further enacted, That the said court shall also have jurisdiction in Jurisdiction, 
all civil actions now pending, in which questions of law have been reserved, or excep- 
tions 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 certiorari ; and the said court, at said term, 
shall have power and authority to hear and determine all such cases, and award judg- 
ment and execution thereon, or otherwise dispose of the same, as law and justice shall 
require. [June 5, 1830.] Repealed, 1836 ch. 7. 

An Act in addition to an Act to incorporate the Franklin Rail-road Company. CflCtp, 17. 

Sect. 1. BE it enacted by the Senate and House of Rep- i829ch. 93. 
resentatives, in General Court assembled, and by the authority 
of the same, That so much of the tenth section of the act, to Repeal, 
which this is in addition, as authorizes the Legislature to alter 
and reduce the rate of tolls and income from said rail-road, be, 
.and the same is hereby repealed. 

Sect. 2. Be it further enacted, That no other rail-road Restrictions on 
than the one granted by the act to which this act is in addition, fai"i?roads? 
shall, during the period of thirty years from the passing of this 
act, be authorized 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 different 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 con- 
venience and necessity may render the same expedient. 

Sect. 3. Be it further enacted, That the term of one year, Time extended, 
in addition to the time allowed in the sixteenth section of the act 
to which this is in addition, be granted to said company, for the 
purpose of obtaining subscription, organizing the company, and 
locating the route, and also for completing said rail-road. [June 
7, 1830.] Add. act, 1832 ch. 79. 

An Act in addition to an Act entitled, " An Act to incorporate Jonathan Gardner, (Jfidrf, \ 8. 
Junior, and others therein named, into a Society, by the name of the Marine Society -« ' 

at Salem, in the county of Essex, in the Province of the Massachusetts Bay, in New Apr. 1772. 

England." 1783 ch. 34, re- 

BE it enacted by the Senate and House of Representatives, in ch^32. ^ 
General Court assembled, and by the authority of the same, (v- 1- p- 260.) 
That the corporation established by the act to which this act is Real and per- 
in addition, be and hereby is authorized to take and hold, by do- *°"^ esae. 
nation or otherwise, for the purposes of said corporation, real 
and personal estate, the annual 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 notwithstanding. [Jan. 
14, 1831.] 

An Act to incorporate the Taunton Copper Manufacturing Company. CJlUp. 1 9. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That William A. Crocker, Samuel L. Crocker, Persons incor- 
George A. Crocker, Nathaniel Crandell, Daniel Brewer, Sam- porated. 
uel B. King, and David G. W. Cobb, together with such other 



16 1830. Chap. 19—21. 

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 copper, zinc, lead 
and other metals and mixed metals, at Taunton and Norton, in 
Powers and du- the county of Bristol ; and for that purpose shall have all the 
ties. powers and privileges, and be subject to all the duties and re- 

1829 ch. 63. quirements, contained in an act entitled, "an act defining the gen- 
eral powers and [the] duties of manufacturing corporations," 
passed February twenty-third, in the year of our Lord one 
thousand eight hundred and thirty. 
„ , , Sect. 2. Be it further enacted. That the said corporation 

Real and per- , ^ r ,^ ■ ■, f , ■, t i i 

sonai estate. may be Jawlully seized oi such real estate not exceeding the value 
of twenty-five thousand dollars, and such personal estate not ex- 
ceeding the value of seventy-five thousand dollars, as may be 
necessary and convenient for establishing and carrying on the 
manufactures above mentioned at Taunton and Norton. [Jan. 
15, 1831.] Add. act, 1832 ch. 134 : 1836 ch. 182. 

y-fT c^f\ An Act to incorporate the Hamilton Woollen Company. 

"' ' Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority of 
Persons incor- the same, That Willard Sayles and Samuel A. Hitchcock, to- 
porated. gether 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 Hamilton Woollen 
Company, for the purpose of manufacturing wool and cotton 
at Southbridge in the county of Worcester, and for that pur- 
Powers and du- P°^® ^^^^^ '^^^® ^'^ ^^^ powers and privileges, and be subject to 
ties. all the duties and requirements contained in an act entitled " an 

1829 ch. 33. act defining the general powers and [the] duties of manufacturing 
corporations" passed February twenty-third in the year of our 
Lord one thousand eight hundred and thirty. 
Real and per- Sect. 2. Be it further enacted. That said corporation may 
sonai estate. be lawfully seized of such real estate (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 carrying on the 
manufacture of wool and cotton at Southbridge aforesaid. [Jan. 
17, 1831.] 

An Act to incorporate the Suffolk Manufacturing Company. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same. That Joseph Tilden, Samuel Appleton, William Ap- 
porated. " pleton, George W. Lyman and Henry Cabot, their associates, 
successors and assigns, be, and they hereby are made a corpo- 
ration, by the name of the Suffolk Manufacturing Company, for 
the purpose of manufacturing cotton and woollen goods, in the 
town of Lowell in the county of Middlesex, and for this pur- 
, , pose shall have all the powers and privileges, and be subject to all 

Powers and du- ', , . , . '^ \ , . ° ' ,•', 

ties the duties and requirements, contained in an act passed the twen- 



Chap. 21. 



Persons incor- 



\ 



1830. Chap. 21—26. 17 

ty-third day of February in the year of our Lord one thousand 

eight hundred and thirty, entitled " an act defining the general 1829 ch. 53. 

powers and duties of manufacturing corporations." 

Sect. 2. Be it further enacted, That the capital stock of Capital stock, 
said corporation shall not exceed the sum of five hundred thou- 
sand dollars, and that the said corporation may be lawfully sei- 
zed and possessed of such real estate as may be necessary and Real estate, 
convenient for the purposes aforesaid, not exceeding the value of 
one hundred thousand dollars, exclusive of buildings and im- 
provements that may be made thereon by the said corporation. 
[Jan. 17, 1831.] 

An Act to incorporate the Norliiampton Woollen Manufacturing Company. ChttlJ 24j 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That Stephen Brewer and Edward H. Robbins, persons incor- 
their associates, successors and assigns, be, and they hereby are porated. 
made a corporation by the name of the Northampton Woollen 
Manufacturing Company, for the purpose of manufacturing wool- 
len goods in the town of Northampton, in the county of Hamp- 
shire, and for this purpose shall have all the powers and privi- Powers and du- 
leges, and be subject to all the duties and requirements, 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 I829ch.53. 
act defining the general powers and duties of manufacturing cor- 
porations." 

Sect. 2. Be it further enacted. That the said corporation Real estate and 
may lawfully take and hold such real estate, as may be necessary <=*P''^' ^'°^''- 
and convenient for carrying on the manufacture aforesaid, not ex- 
ceeding the value of fifty thousand dollars, and that the capital 
stock of said corporation shall not exceed the sum of one hun- 
dred thousand dollars. [Jan. 21, 1831.] 

An Act in addition to an act incorporating llie Salem Lead Manufacturing Company. QJidr), 25. 

BE it enacted by the Senate and House of Representatives, in J823 ch. 84. 
General Court assembled, and by the authority of the same. 
That the Salem Lead Manufacturing Company may hold and Real and per- 
possess real estate, not exceeding one hundred thousand dollars, sonal estate, 
and personal estate, not exceeding two hundred and fifty thou- 
sand dollars, for the purposes specified in the act incorporating 
said manufacturing company : and that so much of the said act, 
as is repugnant to this act, be, and the same is hereby repealed. 
[Jan. 21, 1831.] 

An Act to authorize the Massachusetts Fire and Marine Insurance Company to re- (JJldp, 26. 
duce its capital stock. ^ 

Sect. 1. BE it enacted by the Senate and House of Repre- ^^ 4 p.* 557. 
sentatives, in General Court assembled, and by the authority of App.) 
the same, That the Massachusetts Fire and Marine Insurance (y 4. p.' 553. 
Company be, and they hereby are authorized to reduce the cap- App.) 
ital stock of said corporation to three hundred thousand dollars, i8i4ch.82.' 
and to divide the excess among the stockholders proportionally ; 1824 ch. 118. 
and such reduced capital stock shall be divided into eight thou- ^^^"j[j^'°toc°k 

VOL. VII. 3 



18 



1830.- 



■Chap. 26—28. 



Not to aflfect 
contracts. 



When this act 
shall take ef- 
feet. 



Chap. 27. 



City govern- 
ment may make 
rules for the in- 
spection of 
wood, &c. 



May appoint 
inspectors, &-c. 



Legislative con- 
trol. 

Chap. 28. 



Persons incor- 
porated. 



Deposits. 



Investment and 
income of de- 
posits. 



sand shares, each share to consist of thirty-seven dollars and 
fifty cents. 

Sect. 2. Be it further enacted^ That no contracts whatev- 
er heretofore made by said corporation shall be in any manner 
affected or impaired by said reduction or division. 

Sect. 3. Be it further enacted^ That this act shall not 
take effect, until, by reassurance, or compromise with the as- 
sured, 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 : 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. [Jan. 22, 
1831.] Add. acts 1835 ch. 21 : 183G ch. 39. 

An Act to provide for the Survey and Admeasurement of Wood, Coal, and Bark for 

fuel, brought by water into the city of Boston, for sale. 

Sect. 1. BE 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 passage of 
this act, it shall be lawful for the city government of the city of Boston, to make and 
establish 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 circumstances of 
the said city, and to ordain fit penalties for the breach of such ordinances, rules and 
regulations, to be recovered in the same manner and before the same courts, as other 
fines and forfeitures are recoverable by law. 

Sect. 2. Be it further enacted. That the said city government, in their discretion, 
may also piovide for the appointment of all such surveyors, inspectors and other of- 
ficers, as they may find expedient and proper, for the execution of such ordinances, 
rules and regulations, and fix their fees and compensation for their official duties and 
services. 

Sect. 3. Be it further enacted, That this act may be altered, amended or repeal- 
ed, at the pleasure of the Legislature. [Jan. 25, 1831.] Repealed 1836 ch. 7. 

An Act to incorporate the Institution for Savings in the town of Barnstable. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority of 
the same, That Danforth P. Wight, John Munroe, William 
Lewis, Henry Hersey, Josiah Hinkley, Matthew Cobb, Isaiah 
L. Green, Thomas Percival, James Smith, Loring Crocker, 
Enoch T. Cobb, Joseph A. Davis, Amos Otis, Jr., Charles 
Marston, and Henry Crocker, and such others as may be duly 
elected, and their successors, be, and they are hereby incorpo- 
rated into a body politic, by the name of the Institution for Sav- 
ings in the town of Barnstable. 

Sect. 2. Be it further 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 deposits of money, and to use and improve the same, for the 
purposes and according to the directions herein mentioned and 
provided. 

Sect. 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 invested in such manner as best to pro- 
mote the objects of the institution, and the income or profits 
thereof shall be by them divided among the persons making the 
said deposits, their executors, administrators or assigns, in just 
proportion, with reasonable deductions for expenses, and the 



1830. Chap. 28. 19 

principal of such deposits may be withdrawn, at such times, and 
in such manner as the said institution shall direct and appoint. 

Sect. 4. Be it further enacted, That the said corporation Election of 
shall, at any legal meeting, have power to elect by ballot any '"^'" 
other person or persons as member or members of said institu- 
tion, and any member, upon filing a written notice with the pres- 
ident thereof, three months prior, may, at any annual meeting of 
said corporation, withdraw, and forever dissolve his connexion 
with the same. 

Sect. 5. Be it further enacted, That the said corporation General powers, 
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 sued, and may defend, and shall be held to 
answer by the name aforesaid. 

Sect. 6. Be it further enacted, That the said corporation Time and place 
shall hereafter meet at Barnstable, some time in the month of officerV&c'. 
July annually, and at such other times as the corporation shall 
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 July 
annually, shall have power to elect, by ballot, a president and a 
treasurer, who shall give bond, in the sum of five thousand dol- 
lars, for the faithful discharge 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 offices re- 
spectively. 

Sect. 7. Be it further enacted, That the officers and agents statement of 
of the said institution shall lay a statement of the affairs thereof ^ff^"^- 
before any persons appointed by the Legislature to examine the 
same, whenever required so to do, and shall exhibit to them all 
the books and papers relating thereto, and shall submit to be ex- 
amined by them under oath concerning the same. 

Sect. 8. Be it further enacted, That the said corporation By-laws, 
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 any time, make such further regulations for the govern- 
ment of the said institution, as they may deem expedient, and 
may, at any time hereafter, alter, amend or repeal this act. 

Sect. 9. Be it further enacted, That any one of the per- First meeting, 
sons named in this act shall have power to call the first meeting 
of the said corporation, at such time and place as he may judge 
proper, by giving notice to the members of the said corporation, 
in the public newspapers printed in the town of Barnstable. [Jan. 
29, 1831.] 



20 1830. Chap. 29—30. 

C^hnn 29 ^^ ^^"^ *° revive and continue a term of the Supreme Judicial Court. 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, 
Term revived. That the term of the supreme judicial court, which was begun 
and holden at Boston, in the county of Suffolk, and for the coun- 
ties of Suffolk and Nantucket, on the third Tuesday of Novem- 
* ber 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 January, 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 returnable to, and which would have had day there- 
in, 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 ef- 
fect, 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. [Jan. 29, 1831.] 

Cn(tp% 30. An Act to incorporate the Salem Dispensary. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 

Persons incor- the same. That Joseph Peabody, Benjamin Pickman, Daniel A. 

porated. White, John Brazer, William Dean, Abel L. Peirson, Joseph 

Beadle, John Stone, Robert Brookhouse, George Peabody, 
Henry Whipple, and Charles Lawrence, with their associates 
and successors, be, and they are hereby made a corporation, by 
the name of the Salem Dispensary, for the purpose of affording 
medical advice and relief to the sick poor of the town of Salem ; 
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, 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. 

Real and per- Sect. 2. Be it further enacted. That the corporation here- 

sonal estate. \^y established, may take and hold for the purpose aforesaid any 
real or personal estate, the annual income of which shall not ex- 
ceed the sum of three thousand dollars. 

First meeting. Sect. 3. 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 
thereof in one or more of the newspapers printed in the town of 



1830. Chap. 30—31. 21 

Salem, at least seven days before the time of holding such 
meeting. 

Sect. 4. Be it further enacted^ That this act may be Legislative con- 
amended or repealed at the pleasure of the Legislature. [JPeft. ^'°^' 
3, 1831.] 

An Act to incorporate the Provident Institution for Savings in the town of Gloucester f^hnrt "^1 
and vicinity. ^ "^ l^^p. Jl. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority 
of the same, That Israel Trask, Ebenezer Dale, Benjamin K. Persons incor- 
Hough, William Pearce, Jr., William Ferson, James Mans- P<>''a'ed. 
field, 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. Rogers, 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, William Saville, Samuel Giles, and 
John Gott, and such others as may be duly elected, and their 
successors, be, and they are hereby incorporated into a body pol- 
itic, by the name of the Gloucester Institution for Savings. 

Sect. 2. Be it further enacted, That the said corporation Deposits. 
shall be capable of receiving, from any person or persons dis- 
posed to obtain and enjoy the advantages of said institution, any 
deposit or deposits of money, and to use and improve the same 
for the purposes, and according to the directions herein men- 
tioned ard provided. 

Sect. 3. Be it further enacted. That all deposits of money investment and 
received by said institution, shall be by them improved to the '"come of de- 
best advantage, and be invested in such manner, as will best pro- 
mote the objects of the institution, and the income or profit 
thereof shall be by them divided among the persons making the 
said deposits, their executors, administrators or assigns, in just 
proportion, with reasonable deductions for expenses, and the 
principal of such deposits may be withdrawn, at such times and 
in such manner, as the said institution shall direct and appoint. 

Sect. 4. Be it further enacted, That the said corporation Election of 
shall at any legal meeting have power to elect by ballot any other members, 
person or persons as members of said institution ; and any mem- 
ber 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. 

Sect. 5. Be it further enacted. That the said corporation General pow- 
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 fheir 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. 



22 1830. Chap. 31—32. 

Time and place Sect. 6. Be it further enacted, That the said corporation 
cerT^&c!^' '^'^' shall hereafter meet at Gloucester, some 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 meet- 
ings in February annually, shall have power to elect by ballot, a 
president, and a treasurer, who shall give bond in the sum of five 
thousand dollars for the faithful discharge 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 offices respectively. 
Statement of Sect. 7. Be it further enacted, That the officers and 
aflairs. agents of the said institution shall lay a statement of the affairs 
thereof before any persons appointed by the Legislature to ex- 
amine the same, whenever required so to do, and shall exhibit to 
them all the books and papers relating thereto, and shall submit 
to be examined by them concerning the same under oath. 
By-laws. Sect. 8. Be it further enacted, That the said corporation 
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 Legisla- 
ture may, at any tin:ie, make such further regulations for the gov- 
ernment of the said institution as they may deem expedient, and 
may, at any time hereafter, alter, amend or repeal this act. 
First mceiing. Sect. 9. Be it further enacted, That Israel Trask, Wil- 
liam 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. \_Feh. 
3, 1831.] 

C^hflTi S2 ^^ ^''"'^ '° incorporate the Proprietors of Newton Female Academy. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
Persons incor- the Same, That Joseph Grafton, Matthias Collins, William Jack- 
porated. ^^^^ jj-,gjj. gggociatcs and successors be, and they hereby are 

made a body corporate, for the purpose of promoting the educa- 
tion of youth and others in the town of Newton, by the name of 
the Proprietors of the Newton Female Academy. 
Real and per- Sect. 2. Be it further enrtc^erf, That said corporation may 
soiiai estate. j^q]^j j.ggj ggtgte not exceeding in value five thousand dollars, and 
personal estate not exceeding the same sum, the income thereof 
to be appropriated and used for the purposes expressed in this 
act. 
By-laws. Sect. 3. Be it further enacted, That said corporation may, 

from time to time, make such by-laws as they may deem neces- 
sary 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. 



1830. Chap. 32—34. 23 

Sect. 4. Be it further enacted, That any one of the per- First meeting, 
sons named in this act may call the first meeting of said proprie- 
tofs, and fix the time and place of said meeting, by giving writ- 
ten notice thereof ten days previous to the time of said meeting. 

Sect. 5. Be it further enacted, That this act may be alter- Legislative 
ed or repealed by the legislature at any time hereafter. [Feb. control. 
4, 1831.] 

An Act to incorporate the Fourdrinier Paper Company. Chnn S*^ 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
^/le same, That William Parker, Samuel Townsend and Peter Persons incor- 
C. Jones, with such other persons as may become associates P"''^'*'''- 
with them, their successors and assigns, be, and they hereby are 
created a body corporate, by the name of the Fourdiinier Paper 
Company, for the purpose of manufacturing paper on the Asso- 
bet River, in the towns of Stow and Sudbury, in the county of 
Middlesex, and for this purpose shall have all the powers and Powers and du- 
privileges, and shall be subject to all the duties and requirements, ^'*^*' 
contained in an act entided " an act defining the general powers 1829 ch. 53. 
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. 

Sect. 2. Be it further enacted, That the said corporation Real and per- 
may lawfully take and hold such real estate, not exceeding in *°"^' estate, 
value the sum of twenty thousand dollars, and such personal es- 
tate, not exceeding in value the sum of thirty thousand dollars, 
as may be suitable and convenient for the manufacture aforesaid. 
[Feb. 5, 1831.] 

An Act to incorporate the Pigeon Cove Harbor Company. ChflTI S4< 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authori- 
ty of the same. That Charles Wheeler, .Tohn W. Wheeler, Persons incor- 
David Babson and Gorham Babson, their associates, successors po'^'ed. 
and assigns, be, and they hereby are made a corporation, by the 
name of the Pigeon Cove Harbor Company, and by that name 
may sue and be sued : and said corporation shall have the power 
to use a common seal, to make by-laws for the regulation of the 
afiliirs of the corporation, and to purchase, take, hold and con- Real and per- 
vey such real and personal estate, not exceeding in amount the ^""''' ^staie. 
sum of one hundred thousand 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, com- 
mencing 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 direc- 
tion, to another ledge which is covered at low tide. 

Sect. 2. Be it further enacted, That said corporation shall May lay out 

111 1 r n n^^'* ^"d up- 

have power to explore, and lay out one or more parcels oi rlats, lands, 
shores and uplands, extending not more than fifty rods into the 



24 1830. Chap. 34. 

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 pur- 
pose 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 
Committee to years from the time when such damage may happen, to the court 
esumatedam- ^^ common pleas holden within and for the county of Essex, for 
a committee to be appointed to estimate the damage, unless the 
parties shall agree to settle the 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 freeholders within 
said county, which committee, being first sworn before some 
justice of the peace, appointed by said court, and giving due no- 
tice to both parties to appear, if they see fit, and be heard be- 
fore them, shall proceed to the duties of their appointment, and 
they shall enquire whether any damage has been sustained from 
the causes aforesaid, and if any, they shall estimate the same : 
and they shall also take into consideration and set off against 
such damage, any benefits and advantages which may result to 
the party complainant in consequence of the erection of said 
breakwater or pier : and if the said benefits shall be found to ex- 
ceed or to equal the said damages, then the said committee shall 
make their report that the complainant take nothing by his com- 
plaint ; and they, or the major part of them, shall make return 
of their doings, as soon as may be, into the said court, and upon 
the acceptance of the said report, judgment may be rendered 
Either parly for the prevailing party with reasonable costs : provided, never- 
mayhave atrial ffi^i^ss, that either party, after the return of said report, may 
claim a trial by jury : and the court shall thereupon stay judg- 
ment on said report, and upon such application 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 off against such damage, any 
benefits which may result to the party complainant in consequence 
of the erection of such breakwater or pier : and if the said ben- 
efits shall be found to exceed or to equal the said damages, then 
the said jury shall return their verdict for the respondents, and 
judgment shall be rendered for the respondents for costs. And if 
the party 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 damages awarded by the com- 
mittee, such party shall pay reasonable costs of such trial by 
jury, or 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 
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 



1830. Chap. 34. 25 

should not be appointed, said corporation 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 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. Beit further enacted, That, if any person, or per- Penalty for wii- 
sons, shall wilfully injure any part of said breakwater, or pier, or p4^'^ mjunng 
any works appertaining to the same, such person or persons, for 
every such offence, shall forfeit and pay to the said corporation, 
treble such damages, 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 recov- 
ered with costs, in any court proper to try the same. And such 
offender or offenders shall farther be liable to indictment for such 
offence or offences, and, on conviction thereof, shall be senten- 
ced to pay a fine to the use of the Commonwealth, of not less 
than ten dollars, nor more than one hundred dollars. 

Sect. 4. Be it further enacted, That the capital stock of Capital stock, 
said corporation shall be divided into one hundred shares, of one sg^smems. 
hundred dollars each, certificates 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 man- 
ner, as the corporation 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 neces- 
sary funds, the corporation may create and sell any number of 
new shares, necessary to supply the requisite funds. And if the Saleofdeiin- 
proprietor of any share shall neglect or refuse to pay any assess- q^^ents' shares, 
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, notice of the time and place being given by the 
treasurer, 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 Gloucester, ten days at least before such sale. And 
the proceeds of such sale shall be applied to the payment 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 legal representative on demand ; and the purcha- 
ser or purchasers of such share or shares shall receive a new 
certificate, or certificates thereof: provided, however, that if, 
before the actual sale of any such share, the proprietor thereof 

VOL. VII. 4 



26 



1830.- 



■Chap. 34—36. 



shall pay the assessments due thereon, with interest from the 
time they became due, and all reasonable charges, the sale shall 
not proceed. 
Docka«-e &c. Sect. 5. Be it further enacted, That the said corporation 
shall be entitled to ask and receive, for their benefit, for all ves- 
sels, 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 corpo- 
ration, at a legal meeting held for that purpose, may determine to 
be necessary and sufficient. And the said corporation may con- 
tract, by the year or otherwise, with any person, as to the terms 
on which he may have the privilege of using said basin. 
First meeting. Sect. 6. Be it further enacted, That the persons 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 print- 
ed 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 determined by the by- 
Right of voting, 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 authorized in writing. 

Sect. 7. Be it further enacted. That this act may be 
amended or repealed at the pleasure of the Legislature. \_Feh. 
5, 1831.] Add. act, 1836 ch. 213. 



Legislative con- 
trol. 



Chap. 35. 



Description of 
land. 



An Act to annex a Gore of Land to the town of Hardwick. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
That the following described gore of unincorporated land be an- 
nexed 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 southerly corner of Petersham, thence south, forty- 
one degrees and one fourth east, one hundred and eighty-four 
rods on the fine 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. [Feb. 7, 1831.] 

^^ An Act to set off a part of the town of Wrentham, and annex it to the town of Foxbo- 
* * rough. 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same. That 
so much of the 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 : 
Boundaries. beginning at a monument on Flat rock, (so called,) on the line 
between said towns, and thence running north, twenty-seven and 



Chap 



1830. Chap. 36—38. 27 

one half degrees east, one hundred and forty rods, to a stake and 
stones on the dividing Hne between said towns : provided, hoio- 
ever, 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. [Feb. 7, 1831.] 

An Act to set off certain Land from the town of Western, and to annex it to the town Cfinn, 37 
of Palmer. -t ' * 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
That so much of the town of Western, in the county of Worces- 
ter, 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 : beginning at a rock in the line be- Boundaries, 
tween said towns, marked W. P., and running north, forty-two 
and one half degrees east, one hundred and ninety -two rods, to 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, passed January fifth, one thousand seven 
hundred and sixty-four : provided, however, that all taxes hereto- 
fore assessed upon said territory shall be collected in the same 
manner as if this act had not been passed. [^Feb. 7, 1831.] 

An Act to establish a Fire Department in the First, or Harbor Parish, in the town of (^fidj), 38« 
Gloucester. t * 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same. That the fire department of the first, or harbor parish Fire depart- 
of the town of Gloucester, shall hereafter consist of a chief engi- {^^consist!^ ""^ 
neer, and as many assistant engineers, not exceeding twelve, as 
the selectmen of said town shall annually, 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 may 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 ap- Powers of the 
pointed be, and they are hereby authorized and required to exer- ^"S'"^^""^- 
cise all the powers, and to perform all the duties, in relation to 
the nomination and appointment of engine men, which the select- 
men of said town have been heretofore authorized and required 
to exercise and perform ; and engine men appointed by said engi- 
neers 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 engineer May demolish 
and engineers so appointed shall have the same power and author- ''"'•'^'"gs- 
ity, relative to pulling down or demolishing any house or other 
building, to prevent the spreading of fires, and relative to all other 
matters and things affecting the extinguishment or prevention of 



28 1830. Chap. 38—39. 

fires, or the commanding assistance at them, as firewards now by 
law have ; and the said town of Gloucester shall be liable to pay 
all such reasonable compensation or damage done by, or conse- 
quent upon, the acts or direction of said chief engineer or engi- 
neers, as other towns in this Commonwealth are liable to pay in 
like cases, for like acts and directions done or given by their fire- 
Fines, howdis- wards. And all fines and forfeitures arising within the said first 
tributed. ^^ harbor parish of Gloucester, under the laws of this Common- 

wealth, 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 ordain and direct. 
Members ex- Sect. 4. Be it further enacted, That the members of said 

t^yduiy! "" fire department shall be exempted from all military duty and ser- 
vice in the militia, so long as they shall continue members there- 
of; and it shall be the duty of every person so exempted to pro- 
duce to the commanding officer of the company within whose 
bounds he resides, a certificate of his appointment, within twen- 
ty days from and after his appointment, and annually thereafter 
in the month of April. 
Punishment for Sect. 5. Be it further enacted, That, if any person shall, 
Ping mimps"' within the aforesaid first or harbor parish of Gloucester, wanton- 
&c. ' ly and maliciously spoil, break, 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 judicial court, he shall be 
punished by a fine not exceeding five hundred dollars, or by im- 
prisonment 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. 
Former laws re- Sect. 6. Be it further enacted, That from and after the or- 
P^^ ^ ■ ganization of a fire department under this act, and notice thereof be- 

ing given in the Gloucester Telegraph, published in said town of 
Gloucester, all laws of this Commonwealth relating to the elec- 
tion and appointment of firewards, so far as they affect the elec- 
tion and appointment of firewards in the said first or harbor par- 
ish of Gloucester, be, and the same are hereby repealed. 
When this act Sect. 7. Be it further enacted, That the provisions of 
shall be m force, ^j^jg ^pj gj^gjj ^gj^g effect and be in force as soon as the same shall 
be accepted by the citizens of said town qualified to vote in 
town affairs, at a legal meeting held for that purpose, and shall 
continue in force until altered, amended or repealed by the Leg- 
-islature. [Feb. 7, 1831.] 

OhflTI 39 '^" ^^^ authorizing the County of Franklin to make use of the Gaol in the County of 
Jr* * Hampshire. 

Sect. 1. BE it enacted by the Sejiate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
Sheriff to re- of the same, That when the county commissioners, for the coun- 
prisoners, ^y. ^f 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 sheriff of said county. 



move 



1830. Chap. 39—41. 29 

or his deputy, and he is hereby authorized 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 Hamp- 
shire, and the keeper of said gaol is hereby 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 re- 
spect to such prisoners, as if they had been originally committed 
in said county of Hampshire, and all the rights and privileges of 
debtors and creditors interested in such commitments, shall re- 
main the same as if such debtors had continued in gaol in the 
county of Franklin. 

Sect. 2. Be it further enacted, That all officers in the Powers and du- 
county of Franklin, havina; authority to commit prisoners to gaol, ties of officers 
are hereby authorized to commit their prisoners to the gaol in trates. 
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 entided 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 : provided, the consent of the county commission- 
ers of the county of Hampshire, thus to use and occupy the 
said gaol in Northampton, for the purposes aforesaid, be first had : 
provided, also, that all expenses occasioned by the operation of 
this act shall be paid by the county of Franklin. 

Sect. 3. Be it further enacted, That this act shall continue Act, how long 
and be in force, until the county commissioners of the county of Cooperate. 
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. 
[Feb. 8, 1831.] 

An Act to incorporate the Reading Agricultural and Mechanic Association. CflWD 41. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same. That Edmund Parker, Joshua Prescott, Warren Persons incor- 
Perkins, Abiel Holden, Jonas Parker, and their associates, with P^'"^**'^- 
such as may hereafter associate with them, be, and they hereby 
are incorporated, by the name of the Reading Agricultural and 
Mechanic Association, with power to have and use a common 
seal, to make by-laws for the management of said corporation, 
and its funds, and for the purpose of encouraging agriculture and 
the mechanic arts, by granting premiums, or loans of money, 
and for relieving the distresses of unfortunate mechanics and 
their families, and to have all .the privileges usually given by acts 
of incorporation to charitable societies, and the said corporation Real and per- 
may hold and possess real estate not exceeding the value of five ^°"^' ^^'^te. 
thousand dollars, and the annual income of its personal estate 
shall not exceed the sum of two thousand dollars. 

Sect. 2. Be it further enacted, That Warren Perkins and First meeting. 
Joshua Prescott are hereby authorized to call the first meeting 



30 



1830.- 



■Chap. 41 



Legislative coii' 
trol. 



Persons incor- 
porated. 



of said corporation, at such time and place as they shall appoint, 
by giving personal notice to each of their associates, at which 
meeting by-laws may be made, and the mode of calling future 
meetings regulated. 

Sect. 3. Be it further enacted, That this act may be 
amended, revised and repealed at the pleasure of the Legislature. 
IFeh. 10, 1831.] 

ChCLT), 4:'4i. ■^° •'^^^ *** incorporate the Proprietors of the Mount Pleasant Classical Institution. 

Sect. 1. BK it enacted hy the Senate and House of Rep- 
resentatives^ in General Court assembled, and hy the authority of 
the same, That Francis Fellowes, 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 ad- 
vancement 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, treasurer, and such 
other officers as they may judge necessary, may have a common 
seal, which they may alter or renew at their pleasure, may make 
contracts, sue and be sued in all actions, and prosecute and de- 
fend the same to final judgment and execution, and may make 
and establish any by-laws, rules and regulations for the govern- 
ment of their affairs, for the division of their property into shares, 
and for the sale and transfer thereof : provided, the same are not 
repugnant to the constitution and laws of this Commonwealth. 

Sect. 2. Be it further enacted, That said corporation may 
lawfully hold and possess such real estate, not exceeding in value 
the sum of fifty thousand dollars, and such personal estate, not 
exceeding in value the sum of 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. 

Sect. 3. Be it further enacted. That said corporation 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 cor- 
poration, and for defraying the expenses thereof, to be paid to 
the treasurer at such times as they may direct ; and if any pro- 
prietor 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 assessment 
with incidental charges, giving notice in some newspaper 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 per- 
sons named in this act may call the first meeting of said corpora- 
tion, by personal notice of the time and place of meeting, given 



Real and per 
sonal estate. 



Assessments. 



Sale of shares 
to pay assess- 



First meeting. 



1830. Chap. 44—46. 31 

to each of the persons named herein ten days before the time of 
meeting. 

Sect. 5. Be it further enacted, That the legislature may at Legislative 
any time alter or repeal this act. [Feb. 16, 1831.] control. 

An Act to incorporate the Broad Cove Dam Company. ChttP> 46. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives^ in General Court assembled, and by the authority of 
the same, That Rufus W. Lincoln, Luther J. Barnes, Thomas Persons incor- 
Loring, Henry Nye, Rufus Lane, Francis G. Ford, Ensign P^^^^^^- 
Barnes, Jr., Daniel Basset, Moses L. Humphrey, their associ- 
ates and successors, be, and they are hereby constituted 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 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 corporation may sue 
and be sued by their name aforesaid, have a common seal, and 
ordain and establish such by-laws and regulations, not repugnant 
to the constitution and laws of the Commonwealth, and choose 
such officers, as the good management of said body corporate 
may at all times require, and may purchase, receive by gift or Real and per- 
devise, and hold real and personal estate, provided the amount sonai estate, 
thereof shall not exceed the sum of thirty thousand dollars. 

Sect. 2. Be it further enacted, That said corporation shall 
cause to be erected, in some convenient part of said dam, suita- 
ble 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 fifteenth day 
of March, in each year, are authorized to close said gates, to ex- 
clude the tide therefrom, for the security of vessels within. 
And any person sustaining any damage by the creation of said Damages to be 
dam, or the exclusion of said water, may apply, within two years estimated by a 

~ ' , . , , , "^ 1^ "^ 1 , ^ , committee. 

irom the time when any such damage may have happened, to the 
court of common pleas, holden within and for the county of 
Plymouth, for a committee to be appointed, to estimate the dam- 
age, unless the parties shall agree to settle the same by arbitra- 
tion or otherwise. And, upon such application, the court, after 
thirty days notice to said corporation, to appear and shew cause 
why such committee should not be appointed, shall, if no good 
cause be shewn to the contrary, appoint three disinterested free- 
holders within the said county, which committee, being first duly 
sworn before some justice of the peace, appointed by said court, 
and giving due notice to both parties to appear, if they see fit, and 
be heard before them, shall proceed to the duties of their appoint- 
ment ; and they shall inquire whether any damage has been sustained 
from the causes aforesaid, and, if any, they shall estimate the same. 
And, where the damage is annual, they shall so declare the same in 
their report ; and they shall also take into consideration, and set oiF 



32 



1830.- 



■Chap. 46. 



Eillier party 
may claim a 
trial by jury. 



Penalty for ma- 
licious injuries. 



against said damage, any benefits and advantages which may re- 
sult to the party complainant in consequence of the said dam ; 
and if the benefits shall be found to exceed, or to equal the dam- 
ages, then the said committee shall make their report, that the 
complainant take nothing by his complaint ; and they, or a major 
part of them, shall make return of their doings, as soon as may 
be, into the said court, and upon the acceptance of said re- 
port, 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 said 
court shall, thereupon, stay judgment on said report, and a trial 
shall be had 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 off against such damage 
any benefits which may result to the party complainant, in conse- 
quence of the said dam being erected ; and if the said benefits 
shall be found to exceed, or to equal the said damages, then the 
said jury shall return their verdict for the respondents, and judg- 
ment shall be rendered for the respondents for costs ; and if the 
party applying for a jury shall not obtain, in case it be the original 
applicant, an increase of damages, or in case it be the original re- 
spondent, a decrease of the damages awarded by the committee, 
such party shall pay reasonable costs of such trial by jury, other- 
wise shall recover reasonable costs ; and upon any judgment ren- 
dered 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 eniided thereto ; and an action of debt may be main- 
tained on such judgment. And if, upon notice to said corpora- 
tion as aforesaid, to shew cause why such committee should not 
be appointed, said corporation shall appear and deny the tide to 
the lands or other property 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 ap- 
peal to the supreme judicial court, as in other cases, and a cer- 
tificate 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 person or 
persons shall wilfully, maliciously, or contrary to law, take up, 
remove, 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 cor- 
poration, treble such damages as said, corporation shall, to the 
justice or court and jury before whom the trial shall be, make ap- 
pear that they have sustained, by means of the said trespass, to 
be sued for and recovered, with costs, in any court proper to try 
the same. And if any person or persons shall open the gates of 
said dam, without the consent of said corporation, at any time 



1830. Chap. 46. 33 

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 or property stock to be di- 
of said corporation shall be divided into shares, not to exceed shares!"'** 
three hundred in number, certificates of which shall issue under 
the seal of said corporation, and be signed by the president 
and treasurer thereof ; and the said shares shall be taken and 
deemed to be personal estate, and may be transferred by endorse- 
ment, and such transfer shall be recorded by the secretary of said 
corporation ; and said corporation may make assessments on the Assessments, 
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 de- 
clared 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 neces- 
sary number of shares over and above the said three hundred. 
And if the proprietor of any share or shares shall refuse or neg- Saieofdelin- 
lect to pay any assessments for the term of sixty days after the quents' shares. 
same hath become due, the share or shares, on which there is a 
delinquency, may be sold at public auction, notice of the time 
and place being given, by the treasurer of said corporation, in the 
Hingham Gazette, three weeks, at least, before the time ap- 
pointed for such sale, or by posting up notifications in three pub- 
lic places 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 incidental charges, 
and the surplus, if any, shall be paid to the former owner, or his 
legal representative, on demand. And such sale shall give good 
and complete title to the purchaser or purchasers of such share 
or shares, who shall receive a new certificate thereof: provided, 
however, that if, before 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. 

Sect. 5. Be it further enacted, That the said corporation Dockage, 
shall be entitled to ask and receive, for their sole use and benefit, 
from all vessels or boats coming within said dam into the basin by 
it enclosed, such dockage as the proprietors thereof may agree 
upon at a legal meeting held for that purpose. 

Sect. 6. Be it further enacted. That Rufus W. Lincoln, First meeting. 
Luther J. Barnes, and Thomas Loring, named in the first sec- 
tion of this act, or any two of them, may call the first meeting of 
said corporation, to be holden at such time and place as they may 
judge proper, of which meeting they shall give notice, by pub- 
lishing it in the Hingham Gazette, or by posting up said notice in 
three public places in said Hingham, ten days at least before 

VOL. VII. 5 



34 1830. Chap. 46—50. 

Right of voting, said meeting. And at meetings of said corporation, each share 
shall be allowed one vote : provided, however, that no one pro- 
prietor shall be allowed more than ten votes, and absent proprie- 
tors may vote by proxy duly authorized in writing. 
Legislative con- Sect. 7. Be it further enacted, That this act may be 
*''°'* amended or repealed at the pleasure of the Legislature. [Feb. 

17, 1831.] 

ChdiD 48 '^'^ ^'^^ altering the dividing line between the Towns of Dartmouth and New Bedford. 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same. 
Dividing line That from and after the passing of this act, the dividing line be- 
escri e . tween the towns of Dartmouth and New Bedford shall be as fol- 

lows, 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 south east 
side of the Aponaganset road, 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 westerly 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 leading 
to Smith's mills — thence north, forty-seven degrees west, about 
five hundred and eighty-six rods to a marked maple tree on the 
south side of Philip Allen's mill-dam — thence north, fifteen de- 
grees 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 Dartmouth to New Bed- 
ford, by the establishment of the line as aforesaid, shall be hold- 
en to pay all taxes heretofore assessed upon them, the same as if 
this act had not been passed. [Feb. 19, 1831.] 

r^tt Pkfi ■^" "^^^ '° incorporate the Haverhill Mutual Fire Insurance Company. 

"' * Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
Persons incor- the Same, That Warner Whittier, Isaac R. Howe, Moses Gale, 
porated. David How, Nathaniel Hills, John Marsh, William Caldwell, 

John Dow, James Gale, and their associates, successors and 
assigns, are hereby constituted a corporation, by the name of the 
Haverhill Mutual Fire Insurance Company, with all the powers 
and privileges incident to such corporations, for the term of 
twenty-eight years. 
Insurance. Sect. 2. Be it further enacted. That when the sum sub- 

scribed to be insured shall amount to fifty thousand dollars, said 
corporation may insure, for the term of one to seven years, any 
buildings, goods, books or furniture, to any amount not exceed- 
ing three quarters of the value of the property insured. 
Officers, by- Sect. 3. Be it further enacted. That said corporation may 

laws and voles, choose such officers, and establish such by-laws, as they may 



1830. Chap. 50. 35 

deem necessary, not repugnant to the constitution and laws of 
this Commonwealth ; and each member shall have as many votes 
as he has policies, and may vote by proxy. 

Sect. 4. Be it further enacted, That the funds of said cor- investment and 
poration shall be vested in stocks, or loaned on such security as f3sT"^*'°" °^ 
the directors may order, and shall be appropriated, first to pay 
the expenses of the corporation, and next to pay the damages 
which any person may be entitled to recover on his policy. In 
case any person shall have a just claim on the corporation ex- 
ceeding the amount of the existing funds thereof, the directors 
shall, without delay, assess such sum as may be necessary on 
the members of the corporation, in proportion to the amount of 
their premiums and deposits for seven years, but not to exceed 
treble the amount of such premiums and deposits. 

Sect. 5. Be it further enacted, That whenever any per- Levy and satis- 
son shall recover judgment against said corporation, he may levy '^'J|q°j," °^ ®''^' 
his execution upon their estate or funds ; but if sufficient estate 
or funds cannot be found, he may levy the same on the private 
property of any one of the directors, provided they first refuse 
or neglect, for the space of sixty days, to satisfy the execution, 
after a formal demand made on them for that purpose ; and any 
director whose property may be thus taken, may sustain an ac- 
tion of the case against the corporation, to recover full and ade- 
quate damages therefor. 

Sect. 6. Be it further enacted, That each policy of insur- Policy to create 
ance shall, of itself, without any further ceremony, create a lien fngs^nsTred"' 
on any building insured, and on the land under it, for the pay- 
ment of the premium stipulated in said policy, and of all assess- 
ments lawfully made by virtue thereof ; and this provision shall 
not prevent the taking of other collateral security. 

Sect. 7. Be it further enacted. That in case it shall be- Proceedings in 

II' ^ • J tU case of resort 

come necessary to resort to the hen or property msured, the j^li^^ 
treasurer shall demand payment of the insured, or his legal rep- 
resentative, and likewise of the tenant in possession, and in case 
of non-payment, the corporation may sustain an action for any 
sum due either on the deposit note or by assessment ; and their 
execution may be levied on the insured premises, and the officer 
making the levy may sell the whole or any part of the estate at 
auction, giving notice and proceeding in the same manner as is 
required in the sale of equities of redemption on execution, and 
the owners shall have a right to redeem the estate by paying the 
costs oi sale, the amount of the execution, and twelve per cent, 
interest thereon, within one year from such sale. 

Sect. 8. JBe it further enacted, That every person who Membership, 
shall be interested in this corporation, by insuring therein, shall *'*'• 
be deemed a member thereof, 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 pohcies, have a right 
to demand and receive of the corporation his share of the re- 
maining funds, in proportion to the amount by him actually paid. 

Sect. 9. Be it further enacted, That this corporation shall First meeting. 



36 



1830.- 



-Chap. 50—52. 



Assessments. 



Chap. 52. 



Persons incor- 
porated. 



be liable to be taxed by any general law of this Commonwealth 
taxing other similar institutions ; and that any one of the persons 
named in this act may call the first meeting, by advertising the 
same in the newspapers printed at Haverhill. [Feb. 19, 1831.] 

ChttVt 51 . ^^ ^^"^ '" t'ddition to an Act, entitled " An Act to incorporate the Proprietors of the 
-t * * First Congregational Meeting-house in Naniucket." 

BE 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 Congregational Meeting-house in Nantucket are by law au- 
thorized 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 seals, according to a valuation thereof 
which has been established by said proprietors, and not accord- 
ing to admeasurement, as is provided by the first section of the 
act to which this is in addition, and that so much of said act as is 
inconsistent with the provisions of this act be, and the same is 
hereby repealed. [Feb. 19, 1831.] 

An Act to incorporate the Worcester County Historical Society. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same, That John Davis, Isaac Goodwin, Samuel Jenni- 
son, Emory Washburn, William Lincoln, Joseph Allen, Chris- 
topher C. Baldwin, Joseph Willard, and such other persons as 
may be associated with them, are hereby made a body corporate, 
for the purpose of collecting and preserving materials for civil 
and natural history, by the name of the Worcester County His- 
torical Society, and, by that name, they and their successors 
may sue and be sued, and are made capable in law to take and 
hold, in fee simple or otherwise, lands, tenements and heredita- 
ments, not exceeding the yearly value of one thousand dollars, 
exclusive of any building used by them, for the purposes 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. 

Sect. 2. Be it further enacted. That the library and cabinet 
of said society shall be kept in the town of Worcester. 

Sect. 3. Be it further enacted. That said corporation shall 
have power to make by-laws, and afl^x certain penalties for the 
breach thereof: provided, such by-laws are not repugnant to the 
constitution and laws of this Commonwealth. 

Sect. 4. Be it further enacted, That any three of the per- 
sons above named are authorized to call the first meeting of said 
corporation, by notifying the same in any newspaper published in 
the town of Worcester, at which meeting said corporation may 
agree upon the manner of calling future meetings, and may pro- 
ceed to execute all or any of the powers vested in them by this 
act. 

Sect. 5. Be it further enacted. That this act may be amend- 
ed or repealed at the pleasure of the Legislature. [Feb. 19,1831.] 



Real and per- 
sonal estate. 



Library and 
cabinet. 

By-laws. 



First meeting. 



Legislative con- 
trol. 



1830. Chap. 53—55. 37 

An Act to incorporate llie Watuppa Manufacturing Company. C^hfl'n '^S 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and. by the authority 
of the same. That Samuel Rodman, Clark Chase, Nathaniel B. Persons incor- 
Borden, William Slade, 3d., and Edward Bennett, together with poi'ated. 
such others as may hereafter associate with them, their successors 
and assigns, be, and they hereby are created a body corporate, 
by the name of the Watuppa Manufacturing Company, for the 
purpose of manufacturing cotton and woollen goods in the town 
of Troy, in the county of Bristol, and for this purpose shall have Powers and 
all the powers and privileges, and shall be subject to all the du- ''"''^s. 
ties 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 powers and du- 1829 ch. 53. 
ties of manufacturing corporations." 

Sect. 2. Be it further enacted, That said corporation may Real and per- 
lawfully hold and possess such real estate, not exceeding in value sonal estate, 
one hundred thousand dollars, and such personal estate, not ex- 
ceeding in value two hundred thousand dollars, as may be neces- 
sary and convenient for the purposes aforesaid. [Feb. 21 , 1 831 .] 

An Act to incorporate tiie Trustees of the Hawes Fund in Boston. CllttVt 55. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That James Humphreys, of Dorchester, in the county Persons incor- 
of Norfolk, and James Wright and Calvin Tilden, of Boston, in P"""^'® 
the county of Suffolk, their associates and successors, 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 Boston, with full power By-laws, 
and authority to make and ordain all necessary regulations and 
by-laws for their own government, and the security and manage- 
ment of the real and personal estate which the corporation hereby 
created may hold : provided, the same be not repugnant to the 
constitution and laws of this Commonwealth. 

Sect. 2. Be it further enacted, That the said trustees shall Real and per- 
have power, and it shall be their duty to receive, secure, invest ^°"^' estate. 
and hold, and to manage and improve all real and personal estate 
given and bequeathed to James Humphreys, Henry 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 thousand eight hun- 
dred and thirteen, and proved and approved by the supreme ju- 
dicial court, holden at Boston, on the first Tuesday of March, in 
the year of our Lord one thousand eight hundred and thirty, 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 applied 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 Boston. 



1830.- 



•Chap. 65. 



Judge of pro- 
bate may re- 
move trustees. 



Vacancies. 



Treasurer and 
clerk. 



Trustees to be 
governors of 
schools. 



Rights of heirs 
at law. 



First meeting. 



Legislative con- 
trol. 



Sect. 3. Be it further enacted, That the judge of probate of 
the county of Suffolk be, and he hereby is empowered, on the 
representation of any persons who are interested in the applica- 
tion 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 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. 

Sect. 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 consist 
of three individuals, together with the deacons of the Hawes 
Place Congregational Society for the tiine being, who shall, dur- 
ing their contuiuance in the office of deacon, and by virtue of 
said office, constitute a part of the corporation : provided^ how- 
ever, that, if the said society or church shall, at any time, in- 
crease the number of their deacons to a number exceeding three, 
the three senior deacons in office, only, shall constitute a part of 
this corporation, or be entitled to act as trustees. 

Sect. 5. Be it further enacted, That the said trustees 
shall choose, annually, one of their number as treasurer, who 
shall give bond to the acceptance of the trustees, and approba- 
tion of the judge of probate 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 an}^ other officer they may deem necessary for their 
government and regulation. 

Sect. 6. Be it further enacted. That the said trustees shall 
be the visiters and governors of the school or schools which they 
shall establish in that part of Boston called South Boston, pursu- 
ant 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 compensation : 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 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. 

Sect. 7. Be it further enacted. That any one of the per- 
sons 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 iiolding said meeting. 

Sect. S. Be it further enacted. That this act may be al- 
tered or repealed at the discretion of the legislature. \_Feb. 25, 
1831.] 



1830. Chap, 56—58. 39 

An Act to incorporate the Boston Society of Natural History. CJlCLT) 5fi 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same, That Benjamin D. Greene, George Hay ward, Persons incor- 
John Ware, Walter Channing, Edward Brooks, Amos Binney, porated. 
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 cre- 
ated, 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 capable 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. 

Sect. 2. Be it further enacted, That the said society shall Real and per- 
have power to hold real or personal estate, by gift, grant, devise, *°"^' estate, 
or otherwise, and the same or any part thereof to alien or con- 
vey : provided, that the clear annual income of such personal 
and real estate shall not exceed the sum of three thousand dol- 
lars, nor be applied to any other purposes than the encourage- 
ment and promotion of the science of natural history. 

Sect. 3. Be it further enacted. That said society shall President and 
have power to elect a president, and all other necessary officers, *'>'"'^^^- 
to make rules and by-laws for the election and government of its 
members, for the management of its property, for collecting an- 
nual contributions from its members, for regulating the times and 
places of meeting, for expelling such members as refuse to com- 
ply with the by-laws or regulations, and for the managing of the 
affairs of the society : provided, such rules and by-laws be not 
repugnant to the constitution and laws of this Commonwealth, or 
of the United States. 

Sect. 4. Be it further enacted. That the persons herein First meeting, 
before named, or any three of them, shall have power to call the 
first meeting of the members of said society, in such manner as 
they may think proper. 

Sect. 5. Be it further enacted, That this act may be al- Legislative cen- 
tered, amended, or repealed, at the pleasure of the Legislature. "'°'' 
[Feb. 25, 1831.] 

An Act to continue tiie Banking Corporations therein named, and for other purposes. C/hdTf, 58. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That the several corporations herein after named. Bank charters 
which by their respective charters have been heretofore incorpo- renewed, 
rated and establisiied at the several places, and with the capital 
stocks herein after 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 respective charters of incorporation to the 



40 1830. Chap. 58. 

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 thousand dollars ; the president, di- 
rectors and company of the Agricultural bank in Pittsfield, capi- 
tal stock one hundred thousand dollars ; the president, directors 
and company of the Andover bank in Andover, capital stock one 
hundred thousand dollars ; the president, directors and company 
of the Bunker Hill bank in Charlestown, capital stock one hun- 
dred and fifty thousand dollars ; the president, directors and 
company of the Beverly bank in Beverly, capital stock one hun- 
dred thousand dollars ; the president, directors and company of 
the Boston bank in Boston, capital stock six hundred thousand 
dollars ; the president, directors and company of the Barnstable 
bank in Yarmouth, capital stock one hundred thousand dollars ; 
the president, directors and company of the Bedford Commer- 
cial bank in New Bedford, capital stock two hundred and fifty 
thousand dollars ; the president, directors and company of the 
Blackstone bank in Uxbridge, capital stock one hundred thousand 
dollars ; 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 presi- 
dent, directors and company of the Commonwealth bank in Bos- 
ton, capital stock five hundred thousand dollars ; the president, 
directors and company of the City bank in Boston, capital stock 
ten hundred thousand dollars ; the president, directors and com- 
pany of the Central bank in Worcester, capital stock one hun- 
dred 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 Cam- 
bridge bank in Cambridge, capital stock one hundred and fifty 
thousand dollars ; the president, directors and company of the 
Dedham bank in Dedham, capital stock one hundred thousand 
dollars ; the president, directors and company of the Danvers 
bank in Danvers, capital stock one hundred and twenty thousand 
dollars ; the president, directors and company of the Exchange 
bank in Salem, capital stock two hundred thousand dollars ; the 
president, directors and company of the Eagle bank in Boston, 
capital stock five hundred thousand dollars ; the president, direc- 
tors and company of the Fall River bank in Troy, capital stock 
two hundred thousand dollars ; the Franklin bank in Greenfield, 
capital stock one hundred thousand dollars ; the president, direc- 
tors 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, capital stock one hun- 
dred thousand dollars ; the president, directors and company of 
the Globe bank in Boston, capital stock ten hundred thousand 
collars ; the president, directors and company of the Gloucester 



1830. Chap. 58. 

bank in Gloucester, capital stock one hundred and twenty thou- 
sand dollars ; the Hampden bank in Westfield, capital stock one 
hundred thousand dollars ; the president, directors and company 
of the Hampshire bank in Northampton, capital stock one hun- 
dred thousand dollars ; the president, 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 Stockbridge, capital stock one hun- 
dred thousand dollars ; 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 company of the Marblehead bank in 
Marblehead, capital stock one hundred and twenty thousand dol- 
lars ; the Merchants' bank in New Bedford, capital stock two 
hundred and fifty thousand dollars ; the president, directors and 
company of the Manufacturers' and Mechanics' bank of Nan- 
tucket, 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 presi- 
dent, directors and company of the Merchants' bank in Salem, 
capital stock four hundred thousand dollars ; the president, direc- 
tors and company of the Mendon bank in Mendon, capital stock 
one hundred thousand dollars ; the president, directors and com- 
pany of the Merrimack bank in Haverhill, capital stock one hun- 
dred and fifty thousand dollars ; the president, 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 stock eight 
hundred thousand dollars ; the president, directors and company 
of the New England bank in Boston, capital stock ten hundred 
thousand dollars ; the president, directors and company of the 
North bank in Boston, capital stock seven hundred and fifty 
thousand dollars ; the president, 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 
Pawtucket bank in Pawtucket, capital stock one hundred thou- 
sand dollars ; t-lie president, directors and company of the Spring- 
field bank in Springfield, capital stock two hundred and fifty 
thousand dollars ; the president, directors and company of the 
Suffolk bank in Boston, capital stock seven hundred and fifty 
thousand dollars ; the president, directors and company of the 
Salem bank in Salem, capital stock two hundred and fifty thou- 
sand dollars ; the president, directors and company of the State 
bank in Boston, capital stock eighteen hundred thousand dollars ; 
the president, directors and company of the Tremont bank in 
Boston, capital stock five hundred thousand dollars ; the presi- 

VOL. VII. 6 



42 1830. Chap. 58—59. 

dent, 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 Washington bank in 
Boston, capital stock five hundred thousand dollars ; the presi- 
dent, directors and company of the Worcester bank in Worces- 
Powersand du- ter, 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 require- 
ments, contained in an act passed on the twenty-eighth day of 
February, in the year of our Lord one thousand eight hundred 

1828 ch. 96. and twenty-nine, entided " an act to regulate banks and banking," 

and the following sections of this act. 
No one shall Sect. -2. Be it further enacted, That, from and after the 

Te^'aiTof Ihe" A^st Monday of October, which will be in the year of our Lord 
capital stock of one thousand eight hundred and thirty-one, no individual or cor- 
anybank. poration shall have a right to hold, or shall directly or indirectly 

take, hold, or own more than fifty per centum of the amount of 
the capital stock of any bank incorporated in this Commonwealth, 
exclusive of such stock as may be held bona fide, as collateral se- 
curity, by such individual or corporation. 
Losses to be Sect. 3. Be it further enacted, That any corporation which 

corpoiatious''^ may be or become a stockholder in any bank within this Com- 
thai are stock- monwealth, shall, from and after the first Monday of October, in 
holders. ^j^g y^g^, ^f ^^^^ Lord one thousand eight hundred and thirty-one, 

be liable in its corporate capacity to pay and make good any loss 
or deficiency of the capital 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 char- 
ter shall expire, in the same manner as individual stockholders are 
by law made liable in their individual capacities ; and such cor- 
porations shall have the right to compel a contribution from other 
stockholders, on the conditions, and in the manner prescribed by 
1828 ch. 96. ti^e fourteenth section of an act, entitled "an act to regulate banks 
and banking." [Feb, 28, 1831.] 

ChctU 59 ■'^" ^'^^ ^ addition to "An Act to authorize the laying out of a highway over Goose 
1^' ' Cove, in the town of Gloucester." 

1829 ch. 79. Sect. 1. BE it enacted by the Senate and House of Repre- 

sentatives, in General Court assembled, and by the authority of 
Town authori- the Same, That the town of Gloucester, in making the highway 
slulce^wayJaS authorized by the act to which this is in addition, be, and hereby 
flood gates is empowered to construct convenient and suitable sluice ways, 
Wffh'way^''^ or water courses, through said highway, and build flood gates 
suitable for admitting and stopping the tide waters, for the pur- 
pose of creating mill privileges. And said town is further em- 
powered to lease or dispose of the water privilege 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. 

Sect. 2. Be it further enacted, That this act shall take 



1830. Chap. 59—62. 4S 

effect when the said town of Gloucester, at a legal meeting called wiien this act 
for that purpose shall accept the same. ^^^" '^^^^ effect. 
Sect. 3. Be it further enacted, That this act may be al- Legislative cen- 
tered or amended at the pleasure of the Legislature. [March "^° " 
1, 1831.] 

An Act incorporating the Boston Paper Company. CHctT), 60 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That William Parker, George Bird, and John H. Persons incor- 
Belcher, together with such others as now have, or may hereafter P"""^'^^- 
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 manufacturing paper in the town of 
Watertown, in the county of Middlesex, and for this purpose are Powers anddu- 
entitled 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 thou- 
sand eight hundred and thirty, entided " an act defining the gen- 1829 ch. 53. 
eral powers and duties of manufacturing corporations." 

Sect. 2. Be it further enacted, That the said Boston Paper Real and per- 
Company, in their corporate capacity, may lawfully hold and son'"*' estate, 
possess such real and personal estate as may be necessary for the 
purposes 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 dol- 
lars. [March 1, 1S31.] 

An Act to incorporate the Duck Harbour and Beach Company in the town of Well- (JfldT), 62. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That David Baker, Richard Rich, Peter Lombard, Persons incor" 
Stephen A. Harding, Richard P. Lombard, Henry Atwood, P'"^^^'^- 
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 preservation and improve- 
ment of the harbour and landing place, which have been formed 
on the west side of Griffin's island, in the town of Wellfleet. 

Sect. 2. Be it further enacted, That the said corporation. Choice of offi-, 
at their first meeting, and at an annual meeting in the month of *^®"" 
March, to be provided for by the by-laws, may choose by ballot 
five members of said corporation to be a board of managers, and 
such other officers as they may deem proper. 

Sect. 3. Be it further enacted, That, at any legal meeting Assessments, 
of the said company, the}"^ 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. 



44 



1830.- 



■Chap. 62—63. 



Fees. 



By-laws. 
First meeting. 



Legislative 
control. 



Chap, QS. 



Persons incor- 
porated. 



[Powers enlarg- 
ed, 1833 ch. 56: 
1835 ch. 120.] 

Powers and 
duties. 

1817 ch. 120. 



Real estate. 



Capital stock, 
shares, payment 
of instalments, 
&c. 



Sect. 4. Be it further enacted^ That said company 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 annual meeting. And the said 
company shall not exact or receive any fees of any vessel or per- 
son for landing lumber or other merchandize upon the landing 
place in said harbour. 

Sect. 5. Be it further enacted^ That the said company may 
make by-laws in relation to assessments, the choice of officers, 
and the other concerns of said company. 

Sect. 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 com- 
pany may, at said first meeting, and each annual meeting, elect 
other individuals as members thereof, in such manner as the by- 
laws may prescribe. 

Sect. 7. Be it further enacted, That this act may be amend- 
ed or repealed at the pleasure of the Legislature. [March 1 , 
1831.] 

An Act to incorporate the Fishing Insurance Company. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same. That Ebenezer H. Little, 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 incorporated into 
a company and body politic, by the name of the Fishing Insur- 
ance Company, for the purpose of taking marine risks on fishing 
vessels, whilst employed in the fishing business, their cargoes 
and appurtenances, except those engaged in the whale fishery, 
with all the powers and privileges granted to insurance companies, 
and subject to all the restrictions, duties and obligations, contained 
in a law of this Commonwealth, entitled "an act to define the 
powers, duties and restrictions of insurance companies," passed 
on the sixteenth day of February, in the year of our Lord eigh- 
teen 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 : 
provided, the said real estate shall not exceed the value of twenty- 
five thousand dollars, excepting such as may be taken for debt, 
or held as collateral security for money 'due to said company. 

Sect. 2. Be it further enacted, That the capital stock of 
said company shall be fifty thousand dollars ; and shall be divided 
into shares of fifty dollars each, twenty-five thousand dollars of 
which shall be paid in money within sixty days after the first 



1830. Chap. 63. 45 

meeting of the said company, and the residue within one year 
from the passing of this act, in such instahnents, and under such 
penalties, as the ])resident and directors sliall in their discretion 
direct and appoint. And the said capital stock shall not he sold 
or transferred, but shall be holden by the original subscribers 
thereto, for and during the term of one year after the said com- 
pany shall go into operation. 

Sect. 3. Be it fiu-tlier ejiacfed, Thai Ihe slock, property, affairs and concerns of the Election of 
said company sliall be managed and conducted by tliirteen directors, one of whom shall directors, 
be president of said company, who shall hold their offices for one year, and until others 
are chosen, and no longer, and who shall at the time of their election be stockholders [SectionsS. 4. 5. 
in said company, and citizens of this Commonweallh, and shall be elected on the sec- repealed, 
end Monda}' in February, in each and every year, at such lime of the day and at such 1835 ch. 120.] 
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 elec- 
tion shall be made by ballot, !)>' a majority of the stockholders present, allowing one Rjo-ht of voting, 
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 regu- 
lations as the said company shall prescribe. And if, through any unavoidable accident, 
the said directors shall not be chosen on the second Monday in February as aforesaid, 
it shall be lawful to choose them on an}' other day in the manner herein provided. 

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

Sect. 5. Be it further enacted, That the president and six of the directors, or seven Board for doing 
of them in his absence, shall be a board competent to the transaction of business, and business, 
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 management and disposition of the stock, prop- 
erty, 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 emplo^-cd, 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 regulations 
shall not be repugnant to the constitution and laws of this Commonwealth. 

Sect. 6. Be it further enacted, That any two or more of First meeting, 
the persons named in this act are hereby authorized to call a 
meeting of &aid company, by advertising the same for two suc- 
cessive weeks in the Columbian Centinel, Boston Patriot, and 
Daily Advertiser, printed in Boston, for the purpose of electing 
their first Board of directors, who shall continue in office till the 
second Monday in February then next ensuing, and until others 
shall be chosen in their stead. Provided^ however^ that this char- 
ter shall be void and of no effect, unless put into operation, agree- 
ably 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 
twenty-five thousand dollars of the capital stock of said company 
shall have actually been paid in. 

Sect. 7. Be it further enacted, That said company shall Limitation of 
never take on any one risk, or loan on respondentia 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, agreeably to the 
provisions of this act. 



46 



1830.- 



■Chap. 63—65. 



Location. 



Liability to be 
taxed. 



Chap. 64. 



Persons incor- 
porated. 



Membership. 



As.sessments. 



First Meetin"^. 



Chap. Qb. 



Persons incor- 
porated. 



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

Sect. 9. Be it further enacted^ That the said 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. iMarchl, 1831.] Add. acts, 1833 ch. 56: 
1835 ch. 120. 

An Act to incorporate the Proprietors of the New Baptist Meeting-house in VVoburn. 

Sect. 1 . BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That Abel Winn, John Cummings, Samuel Abbot, 
John Tidd, and their associates, now proprietors of the new 
Baptist meeting-house in Wobmn, together with all such as may, 
by the terms of this act, become their successors, be, and they 
are hereby made a body politic and corporate, by the name of 
the Proprietors of the New Baptist Meeting-house in Woburn, 
for the purpose of holding and maintaining said njeeting-house, 
with all the powers and privileges, and 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 thereto in writing ; but no person, except 
the present proprietors of said meeting-house, shall hereafter be- 
come a member of said corporation, or be in any way interested 
therein, unless by a major vote of the legal members of the 
same. 

Sect. 3. Be it further enacted, That no corporator shall 
be entitled to more than one vote at any meeting of said corpo- 
ration ; and all taxes and assessments which shall be made or 
levied for repairing or paying for said meeting-house and its ap- 
purtenances, shall be assessed upon the polls and estates 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 commenced 
against any member, for any such tax or assessment, until the 
expiration of sixty days after notice and request to pay the same. 

Sect. 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 
Legislature. [March 4, 1831.] 

An Act to incorporate the Lyceum Hall, in the Town of Charlestown. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same. That Chester Adams, David Stetson, Abraham R. 
Thompson, Abijah Goodridge, Isaac Warren, Timothy Walker, 
Thomas Marshall, James Bird, Jr., Joseph F. Tufts, Eliab P. 
Mackintire, William W. Wheeldon, James Gould, John John- 
son, Joseph Carter, Nathan A. Tufts, William Tufts, Gilman 



1830. Chap. 65—66. 47 

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 Charlestown, for the purjDOse of affording means 
and facilities for the prosecution of Hierary and scientific studies 
and pursuits, and the dissemination of useful knowledge, and by 
that name may sue and be sued, plead and be impleaded, appear, General pow- 
prosecute and defend, 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 neces- 
sary 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. 

Sect. 2. Be it further enacted, That the corporation here- Real and pcr- 
by established may take and hold real estate, not exceeding the *°"^* estate, 
value of twenty-five thousand 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 accommoda- 
tion for said purposes. 

Sect. 3. Be it further enacted, That the stock of said Shares, 
corporation shall be divided into shares of fifty dollars each, the 
certificates of which shall be signed by the president and treas- 
urer of said corporation, 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 com- 
pany ; and all transfers of the said stock shall be duly recorded 
by the treasurer. 

Sect. 4. Be it further enacted, That either of the persons First mectint^. 
named in the first section of this act, be, and is hereby author- 
ized to call the first meeting of the corporation, by giving notice 
in the newspaper printed in the town of Charlestown, at least 
seven days before the time of holding such meeting. 

Sect. 5. Be it further enacted, That this act may be Legislative con- 
amended or repealed at the pleasure of the Legislature. [March "'°'' 
4, 183L] 

An Act to incorporate the Proprietors of the Female Seminary in Springfield. f^hnn Pii^ 

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

sentatives, in General Court assembled, and by the authority of 
the same, That James Byers, John Howard, Samuel Osgood, Persons incor- 
Benjamin Day, Samuel Lyman, George Ashmun, Charles porated. 
Stearns, James Brewer, Simon Sanborn and John Hooker, 
their associates and successors, be, and they hereby are incorpo- 
rated, as the Proprietors of the Female Seminary in Springfield, 
with power to hold real estate, not exceeding in value ten thous- Real and per- 
and dollars, and personal estate, not exceeding in value five thous- ^°"^' estate, 
and dollars, to be devoted exclusively to the purposes of educa- 
tion. And said corporation shall have all the powers usually in- 
cident to similar corporations, and may make all necessary by- 
laws, not repugnant to the constitution and laws of this Com- 
mon wealth. 



48 



1830.- 



■Chap. 66—68. 



First meeting. Sect. 2. Be it further enacted, That any two of the per- 
sons named in this act may call the first meeting of said corpora- 
tion, by giving notice of the time and place, seven days at least 
previously thereto, in some one of the newspapers printed in 
Springfield : and the Legislature may, at any time hereafter, 
amend or repeal this act. [March 4, 1831.] 



Chap. 67, 



Persons incor- 
porated. 



By-laws. 



Real and per- 
sonal estate. 



First meetin";. 



Legislative con- 
trol. 



Chap. 68. 



Persons incor- 
porated. 



Real and per- 
sonal estate. 



An Act to incorporate the American Institute of Instruction. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of the 
same, That Francis Wayland, Jr., William B. Calhoun, Wil- 
liam Sullivan, John Adams, John Park, Nathan Lord, Thomas 
H. Gallaudet, Andrew Yates, Theodore Frelinghuysen, Rob- 
erts 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 corporation, in the 
city of Boston, by the name of the American Institute of Instruc- 
tion, with all the powers, rights, duties and liabilities, usually in- 
cident to corporations, for the purpose of promoting and improv- 
ing the means of education and instruction in morality, science 
and literature. 

Sect. 2. Be it further enacted, That the said corporation 
may appoint such officers, and make such by-laws, rules and re- 
gulations, as it may see fit, provided the same be consistent with 
the constitution and laws of this Commonwealth. 

Sect. 3. Be it further enacted, That said corporation may 
hold real estate to the value of ten thousand dollars, and person- 
al estate to the value of twenty thousand dollars, in its corporate 
name, and use and improve the same for the benefit of this insti- 
tution, and for all lawful purposes incident to the powers hereby 
granted. 

Sect. 4. Be it further enacted. That any person named in 
this act may call the first meeting of the members of this corpo- 
ration, by public advertisement in any newspaper printed in Bos- 
ton, two weeks successively before the day of meeting. 

Sect. 5. Be it further enacted, That this act shall be sub- 
ject to be altered, or amended, or repealed, at any time, at the 
will of the Legislature. [March 4, 1831.] 

An Act to incorporate the Proprietors of the Boxford Academy. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same. That Solomon Low, Phineas Barnes, Jeremiah Young, 
Asa Foster, Nathan Andrews, and Samuel Andrews, their asso- 
ciates and successors, be, and they hereby are incorporated as 
the Proprietors of the Boxford Academy, in the town of Box- 
ford, 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 edu- 
cation ; and said corporation shall have all the powers usually in- 



1830. Chap. 68—71. 49 

cident to similar corporations, and may make all necessary by- 
laws not repugnant to the constitution and laws of this Common- 
wealth. 

Sect. 2. Be it further enacted, That any two of the per- First meeting, 
sons named in this act, may call the first meeting of said corpo- 
ration by giving notice of the time and place of holding the same, 
ten days previously 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. \_March 4, 1831.] 

An Act to incorporate the Northborough Cotton Manufacturing Company. Chttp. 70. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same, That Isaac Davis and Oliver Eldredge, together Persons incor- 
with such others as now are, or may hereafter be associated with porated. 
them, their successors or assigns be, and they hereby are made 
a corporation, by the name of the Northborough Cotton Manu- 
facturing Company, for the purpose of manufacturing cotton and 
woollen goods in the town of Northborough, and for this purpose powers and du- 
shall have all the powers and privileges, and shall be subject to ties, 
all the duties and requirements, prescribed and contained in an 
act, passed the twenty-third day of February, in the year of 
our Lord one thousand eight hundred and thirty, entitled "an 1829 ch. 53. 
act defining the general powers and duties of manufacturing cor- 
porations." 

Sect. 2. Be it further enacted. That the said Northbo- Real or person- 
rough Cotton Manufacturing Company may lawfully hold and pos- 
sess such real estate not exceeding the value of ten thousand dol- 
lars, and such personal estate not exceeding fifty thousand dollars, 
as may be necessary and convenient for carrying on the manu- 
facture aforesaid. [March 4, 1831.] 

An Act to continue the corporation of the President, Directors and Company of the f^hrtn, 7 1 
Pacific Bank. t^' 

Sect. 1. BE it enacted by the Senate and House of Repre- isnch. 65. 
sentatives, in General Court assembled, and by the authority of 
the same, That the President, Directors, and Company of the Pacific Bank 
Pacific Bank in Nantucket, capital stock two hundred thousand '^""'^'""^ • 
dollars, be, and they hereby are continued a corporation, 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 corporation shall be entitled to all the Powers and du- 
powers and privileges, and subject to all the duties, liabilities and 
requirements provided in an act passed 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 1828 ch. 96. 
banking," and the provisions of an act passed the twenty-eighth 
day of February, in the year of our Lord one thousand eight hun- 
dred and thirty-one, entitled "an act to continue the banking cor- 1830 ch. 58. 
porations therein named, and for other purposes." 

VOL. VII. 7 



60 



1830.- 



■Chap. 71—74. 



Payment of 
stock, and cer- 
tificate thereof. 



Chap. 73. 

1822 eh, 68. 



Corporation 
continued. 



Powers and 
duties. 



1828 ch. 96. 



1830 ch. 58. 



Chap. 74. 

1812 ch. 38. 



Corporation 
continued. 



Sect. 2. Be it further enacted, That the President, Direct- 
ors and Company of the Pacific Bank, in pursuance of the agree- 
ment 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 hundred and thirty-one, to pay to Aaron Mitchell, 
Samuel 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 hundred dollars for each share, and to 
open subscription books for the purpose of filling up the defi- 
ciency 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 within the time 
aforesaid, that said deficiency has been paid in, otherwise the 
charter of said bank shall be void. [March 5, 1831.] 

An Act to continue the corporation of" The President, Directors and Company of the 
Oxford Bank." 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
That the President, Directors and Company of the Oxford Bank, 
in Oxford, capital stock one hundred thousand dollars, be, and 
they hereby are continued a corporation, for the purposes of bank- 
ing, until the first day of October, which will be in the year of 
our Lord one thousand eight hundred and fifty-one, notwithstand- 
ing any limitation in their charter of incorporation to the contrary, 
and said corporation shall be entided to all the powers and privi- 
leges, and subject to all the duties, liabilities and requirements, 
provided in an act passed 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," 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, 
entitled " an act to continue the banking corporations therein 
named, and for other purposes." lMa7-ch 8, 1831.] 

An Act to continue the corporation of" The President, Directors and Company of the 
Union Bank." 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by tbe authority of the same, 
That the corporation under the name of " the President, Direc- 
tors and Company of the Union Bank," in Boston, with a capital 
stock of eight hundred thousand dollars, be, and the same is here- 
by continued a corporation for the purposes of banking, until the 
first day of October, which shall be in the year our Lord eigh- 



1830. Chap. 74—76. 51 

teen hundred and fifty-one, notwithstanding any limitation in its 
present charter of incorporation to the contrary, and the said cor- 
poration shall be entitled to all the powers and privileges, and Powers and 
subject to all the duties, liabilities, and requirennents, 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, en- 
titled " an act to regulate banks and banking," and the further pro- 1828 ch. 96. 
visions contained in an act passed the twenty-eighth day of Feb- 
ruary, A. D., eighteen hundred and thirty-one, entitled "an act 1830 ch. 58. 
to continue the banking corporations therein named, and for other 
purposes." [March 8, ISSl.] 

An Act in addition to an Act, entitled "An Act to incorporate the Hope Insurance CJlrnrt 75 
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 Time extended, 
the said act as the Hope Insurance 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. [JMarch 9, 1831.] 

An Act to change the names of the persons therein mentioned, Cho/D* 76. 

BE 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 Names chang- 
Adelaide Wyman ; that John Wells may take the name of John '^''" 
B. Wells ; that Arvada Reed may take the name of George Suffolk. 
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 Ham- 
ilton Osgood ; that John Oliver may take the name of John Put- 
nam Oliver ; that Joseph Eveleth may take the name of Joseph 
G. Eveleth ; that Eleanor Stearns may take the name of Elea- 
nor Georgiana Stearns ; that William Brown may take the name 
of William Cowper Brown ; that Wealthy G. Brown may take 
the name of Harriet G. Brown ; that William Potter may take 
the name of William Potter Bishop ; that Edward Warren, sec- 
ond, may take the name of Edward James Warren ; that Emily 
West may take the name of Emily Georgiana West ; that George 
Todd Dickinson may take the name of George Washington 
Dickinson ; that Casper Adams, junior, may take the name of 
Henry 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 ximanda Pelina 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 Chap- 



52 1830. Chap. 76. 

man ; that Michael Cassady may take the name of Adis Emmet 
Cassady ; that Levi Haskell, of the firm of Whitney and Has- 
kell, may take the name of LeviBoynton Haskell ; that William 
Morgan Warriner may take the name of William Bostvvic War- 
riner ; that Leverett Clendennin, son of John Clendennin, may 
take the name of John Leverett Clendennin — all of the city of 
Essex. Boston, in the county of Suffolk. That Tryphosa Goldsberry, 

of Beverly, may take the name of Ann T. Goldsberry ; that 
John I. Stanwood, 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 Law- 
rence, of Salem, may take the name of Clarissa C. Law- 
rence ; that Charity Mason Johnson, of Danvers, 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 Mullen and John Mullen, minor children 
of John Mullen, of Newbury port, deceased, may take the re- 
spective names of Elizabeth Mellen and John James Mellen ; 
that Offin Greenleaf Boardman, of Newburyport, may take the 
name of Offin Boardman ; that Joshua Hills, the 3d., of New- 
buryport, may take the name of Joshua Eliphalet Hills ; that 
Samuel Thompson, of said Newburyport, may take the name of 
Samuel White Thompson ; that Mary Elizabeth Frink, of Row- 
ley, 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 Edmunds Barret, of Newbury- 
port, may take the name of Ann Mason ; that Thomas Williams 
Monies, of Danvers, may take the name of Thomas Williams ; 
that Eleazer Graves, of Marblehead, may take the name of El- 
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 ; 
that Susan Lord, of Ipswich, may take the name of Susan Saf- 
ford Lord ; that Hannah Tenney, wife of John S. Tenney, of 
Ipswich, may take the name of Martha Hannah Dennis Tenny ; 
that Edwin Jones Todd, a minor son of Francis Todd, of New- 
buryport, may take the name of Reuben Jones Todd ; that 
Benjamin Manning, of Ipswich, may take the name of Benja- 
min Franklin Manning ; that John Randlet Bean, of Rowley, 
may take the name of John P. Milton ; that Munroe James 
Tuxbury, minor son of William Tuxbury, of Amesbury, may take 
the name of Munroe George Jewell Tuxbury ; that William Jop- 



1830. Chap. 76. 53 

lin, Junior, of Danvers, tailor, may take the name of William Dud- 
ley Joplin, all of the county of Essex. That Nancy Parker, of Middlesex. 
Reading, may take the name of Nancy Jane Parker ; that George 
\V. Verry, of said Reading, may take the name of George Wash- 
ington Otis ; that Joseph Hoar, of Lincoln, may take the name 
of Leonard Hoar ; that Naomi Saunders, of said Reading, may 
lake the name of Eliza Jane Saunders ; that Edwin Pearson, of 
Reading, may take the name of Edwin Pierce ; that Martha 
Prentice McFarland, a minor child of Archibald McFarland, of 
Lowell, may take the name of 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 Middlesex. That John Worcester. 
Sparhawk Baldwin, of Leicester, may take the name of John 
Rufus Baldwin ; 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 Stratton 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 An- 
son ; 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 Elizabeth Adella Bacon ; that 
Lucy Wiswall, of Westminster, may take the name of Philomela 
Hamilton ; 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- Hampshire, 
ampton, may take the name of Samuel Lyman Hinkley ; that 
Horatio Laurens Everett, of Worthington, may take the name 
of Horatio Everett ; that Melinda S. Russell, of Northampton, 
may take the name of Laura 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 Williamsburg, 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 
Hampshire. That John Wood, second, of Springfield, may Hampden, 
take the name of Homer John Wood ; that Dixalana Clark, of 
Blandford, may take the name of Mary Electa Clarke ; that 
William Dwight, second, of Springfield, may take the name of 
William Courtland Dwight ; that Charles Eli Douglass, minor 
son of Henry Douglass, of Westfield, may lake the name of 
Darius Eli Douglass, all in the county of Hampden. That Jo- Berkshire. 
siah Weeks Cannon, of Williamstown, may take the name of 
Josiah Weeks Canning ; and that Ebenezer Smith, Edward 
Weeks, Josiah Deane, William Pitkin and Joseph Chauncy, 
all minor sons of the said Josiah Weeks Cannon, may severally 



54 



1830.- 



■Chap. 76—78. 



Norfolk. 



Bristol. 



Barnstable. 



Plymouth. 



Franklin. 



Chap. 11. 

1816 ch. 92. 
1824 ch. 89. 



Real estate. 



take the surname of Canning ; that Mandly Whiton, of Lee, may 
take the name of John Mandly Whiton, all of the county of 
Berkshire. 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 Wil- 
liam Adams, may take the name of Lorana Aldatia Adams ; that 
Mary Ann Bates Whitehouse, of Weymouth, a minor child of 
Joseph H. Whitehouse, deceased, may take the name of Mary 
Ann Bates, all in the county of Norfolk. That Elizabeth Hath- 
away Staples, of Taunton, in the county of Bristol, daughter of 
Samuel B. Staples, may take the name of Elizabeth Hathaway 
Williams ; that Serenia Curtis, of Raynham, in said county of 
Bristol, may take the name of Serenia Leonard. That John 
Baker, Junior, of Brewster, a minor son of John Baker, may 
take the name of John Peregrine Baker ; that Nathan Hallett, 
second, of Yarmouth, 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 Saxton, 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 Sanderson ; 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 Morton, all in the county of 
Franklin ; and the several persons before mentioned, from and 
after the passing of this act, shall be known and called by the 
names which by this act they are respectively allowed to assume 
as aforesaid, and said names shall forever hereafter be considered 
as their only proper and legal names to all intents and purposes. 
[March 9, 1831.] 

An Act in addition to an Act, entitled " An Act to incorporate the Provident Institu- 
tion for Savings in the town of Boston." 

BE 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 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 and purposes prescribed in the act of incorporation to 
which this is in addition. [March 11, 1831.] Add. act, 1833 
ch. 57. 



Chnn 78 ^^ •^'^^ '"^ incorporate the Union Wharf Copipany, in the town of Truro. 



Persons incor- 
porated. 



Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That Freeman Atkins, Hincks Gross, David Lom- 
bard, John Smith and Solomon Davis, together with such others 
as may hereafter associate, and become partners in said company, 



1830. Chap. 78—79. 55 

be, and they are hereby incorporated, and made a body politic, 
by the name of the Union Wharf Company, for the purpose of 
holding 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 com- 
mon seal, and change it as they see cause, levy taxes and assess- 
ments, and make all necessary by-laws ; and the property in the Shares, 
said company shall be held in forty shares, with power to increase 
the number as they may see cause, and each share shall be enti- Votes. 
tied to one vote : provided^ that no member shall have more 
than ten votes, and each member may vote by proxy : and pro- 
vided, that the amount of real and personal estate, held by said Estate, 
corporation, shall not exceed the sum of fifty thousand dollars. 

Sect. 2. Be it further enacted, That when any proprietor Assessments 
shall neglect or reiuse to pay any tax or assessment duly voted delinquents' 
and agreed upon by the said company to their treasurer, for the shares. 
term of sixty days after the time set for the payment, the treasu- 
rer of said company is hereby empowered to sell at public ven- 
due the share or shares of such delinquent proprietor, one or 
more, as may be sufficient to defray said tax and necessary 
charges, after due public notice thereof, by posting up an adver- 
tisement in two places of public resort, in the said town, fourteen 
days at least before such sale, stating the same [sum] due on 
such share or shares, and the day and place, and cause of such 
sale, and such sale shall be a sufficient transfer of the share or 
shares so sold to the person purchasing the same ; and the pur- 
chaser, on producing a certificate from the treasurer to the clerk 
of said company, certifying such sale and purchase, record thereof 
shall be made by the said clerk in the books of the company, for 
that purpose provided and kept, and such purchaser shall be con- 
sidered, to all intents and purposes, the proprietor thereof, and 
the overplus, if there be any, shall be paid on demand by the 
treasurer to the person whose share or shares have been thus sold. 

Sect. 3. Be it further enacted, That any justice of the First meeting. 
peace for the county of Barnstable is hereby empowered, upon 
application therefor, to issue a warrant, directed to one of the 
proprietors, and member of said company, requiring him to notify 
and warn a meeting of said company, at such time and place as 
shall be appointed in the said warrant, to organize said company 
by the appointment of its officers. 

Sect. 4. Be it further enacted, That this act may be Legislative con- 
altered or amended, at the pleasure of the Legislature. [March ^'° ' 
11, 1831.] 

An Act in addition to an Act to establish the Boston and Lowell Rail-road Corpo- (JJinv) 79. 
ration. j * 

BE it enacted by the Senate and House of Representatives, ^^^^ '^^' '^• 
in General Court assembled, and by the authority of the same. 
That the capital stock of the Boston and Lowell Rail-road Cor- Capital stock to 
poration shall consist of twelve hundred shares, instead of one j°"j'^g hundred 
thousand shares, as is provided in the second section of the act shares. 
to which this is in addition. And the further term of one year 



56 



1830.- 



-Chap. 79- 



Chap. 80. 



Persons incor- 
porated. 



Powers and 
duties. 



1829 ch. 53. 



Real and per- 
sonal estate. 



Chap, 82. 



Persons incor- 
porated. 



Powers and 
duties. 

1817 ch. 120. 



ISlDch. 141. 



is hereby allowed to said corporation for the purpose of obtaining 
subscription to the stock, organization of the company, and filing 
the location of the route of the rail-road, in addition to the time 
granted by the thirteenth section of the act incorporating said 
Boston and Lowell Rail-road Company. \J\Iarch 11, 1831.] 
Add. acts, 1832 ch. 87 : 1834 ch. 1 : 1836 ch. 146. 

An Act to incorporate the Neponset Company. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives^ in General Court assembled, and by the authority 
of the same, That Cornelius Coolidge, Henry B. Rogers, and 
Samuel Snelling, Jr., their associates, successors and assigns, 
be, and they hereby are made a corporation, by the name of the 
Neponset Company, for the purpose of manufacturing woollen 
and cotton goods and machinery in the towns of Canton and 
Sharon, in the county of Norfolk ; and for this purpose shall 
have all the powers and privileges, and be subject to all the du- 
ties and requirements, contained in an act entitled " an act defin- 
ing the general powers and duties of manufacturing corporations," 
passed the twenty-third day of February, in the year of our Lord 
one thousand eight hundred and thirty. 

Sect. 2. Be it further enacted, That the said corporation 
may be lawfully seized and possessed of such real estate, not 
exceeding the value of two hundred and fifty thousand dollars, 
and such personal estate, not exceeding the value of two hundred 
and fifty thousand dollars, as may be necessary and convenient 
for the purposes aforesaid. [^arcA 11, 183!.] 

An Act to incorporate the Merchants Insurance Company in Newburyport. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same, That William Bartlett, John Wills, John Wood, 
Robert Jenkins, John N. Cushing, David Noyes, Benjamin 
Hale, William Balch, Stephen Tilton, Henry Johnson, Amos 
Noyes, Henry Frothingham, Samuel Nichols, Eleazer Johnson, 
and Edmund Swett, and their successors, associates and assigns, 
be, and they hereby are incorporated and made a body politic, 
by the name of the Merchants Insurance Company, to be located 
in Newburyport, for the purpose of making maritime loan [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 insurance 
companies," passed on the sixteenth day of February, in the 
year of our Lord one thousand eight hundred and eighteen, and 
in a law entitled " an act authorizing the several insurance offices 
[companies] in this Commonwealth to insure against fire," passed 
on the twenty-first day of February, in the year of our Lord one 
thousand eight hundred and twenty, for and during the term of 
twenty years from and after the passing of this act ; and, by 
that name may sue and be sued, plead and be impleaded, ap- 
pear, prosecute and defend, to final judgment and execution ; 



1830. Chap. 82. .57 

and may have a common seal, which they may aher 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 Real estate. 

not exceed the value of twenty thousand dollars, excepting such 

as may be taken for debt, or held as collateral security for 

money due to said company. 

Sect. 2. Be it further enacted, That the capital stock of Capital stock, 
said company exclusive of premium notes, and profits arising ^^^^^^' *^- 
from business, shall be two hundred thousand dollars, and shall 
be divided into shares of one hundred dollars each, and fifty per 
centum thereof shall be paid in money, within sixty days after 
public notice given by the president and directors chosen by the 
stockholders, and published in the Newburyport Herald, namely, 
twenty-five per centum of said capital stock in thirty days after 
such notice, and twenty-five per centum thereof in thirty days 
inore, and the residue in such instalments, and under such pen- 
alties, as the president and directors shall order and appoint : 
provided, that said residue shall be paid within one year from the. 
first meeting of the company. 

Sect. 3. Be it further enacted, That the stock, property Number and 
and concerns of said company shall be managed and conducted rectors, 
by nine directors, one of whom shall be the president of the 
company, and they shall hold their office until the next annual 
meeting after their election, and until others are chosen in their 
stead, and no longer, and shall, at the time of their election, be 
stockholders in said coinpany, and citizens of this Common- 
wealth, and the directors shall be elected at the annual meeting 
of said company, which shall be holden at such time and place in 
Newburyport in the month of October annually, as the directors 
for the time being shall appoint, of which meeting public notice 
shall be given in a newspaper printed in Newburyport, at least 
two weeks previous thereto, and the election shall be made by 
ballot by a majority of the votes of the stockholders present, 
allowing one vote for each share in the capital stock : provided, Right of voting, 
that no stockholder shall be entitled to more than twenty votes 
in his own right, and absent stockholders may vote by proxy. 

Sect. 4. Be it further enacted. That the directors, as soon President, 
as may be convenient after they shall have been chosen, shall 
meet and elect one of their body to be the president of the com- 
pany, and he shall be sworn or affirmed to the faithful discharge 
of the duties of his office, and he shall preside until the next an- 
nual meeting, and until another president shall be chosen, and in 
case of the death, resignation, or inability to serve of the presi- 
dent 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 in the same 
manner as is herein provided respecting annual elections of direc- 
tors. 

Sect. 5. Be it further enacted. That the president and Board for doing 
four of the directors, or five of the directors in the absence of 
the president, shall be a board competent to transact all the busi- 

VOL. VII. 8 



58 



1830.- 



■Chap. 82—83. 



First meeting. 



Limitation of 
risks. 



Liability to tax- 
ation. 



Chap. 83. 



ness which is referred to them, and all questions before them 
shall be decided by a majority of votes, and they shall have pow- 
er to appoint a secretary, and such clerks and servants for car- 
rying on the said business, and with such salaries and allowances 
to them and to the president as to the said board shall seem 
meet, and to make and prescribe such by-laws, rules and regula- 
tions, as to them shall appear needful and proper, touching the 
management and disposition of the stock, property, estate, and 
effects of said company, and the transfer of the shares, and the 
duties and conduct of the several officers, clerks and servants 
employed : provided the same be not repugnant to the constitu- 
tion and laws of this Commonweahh, and except when herein 
otherwise provided, to do all things which may be lawfully done 
by said company. 

Sect. 6. Be it further enacted^ That any two or more per- 
sons named in this act of incorporation, be, and they hereby are 
authorized, as soon as may be convenient after the passing of this 
act, to call the first meeting of said coinpany for the purpose of 
organizing the corporation, and choosing directors, by advertis- 
ing notice of the time and place of the meeting two weeks suc- 
cessively in the Newburyport Herald. 

Sect. 7. Be it further enacted, That said company shall 
not take any risk, or subscribe any policy, until one half of their 
capital stock shall have been paid in, nor shall they ever take any 
one risk by way of policy of insurance, maritime loan, bottomry 
or otherwise, which shall exceed ten per centum on the capital 
actually paid in at the time. 

Sect. 8. Be it further enacted. That said company shall be 
liable to be taxed by any general law providing for the taxation 
of all similar corporations. [March 12, 1831.] 



Proprietors of 
pews incorpora' 
ted. 



An Act to incorporate Trinity Ciiurch in the City of Boston. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the author- 
ity of the same, That the proprietors of pews in Trinity Church, 
in the city of Boston, together with all persons who shall here- 
after become owners of pews in said church, be, and they are 
hereby incorporated and made a body politic and corporate, by 
the name of Trinity Church, in the city of Boston, and may 
have, exercise and enjoy all the rights and privileges which, as a 
protestant episcopal church, they have heretofore possessed and 
enjoyed, and to which other religious societies are by law enti- 
General powers, tied ; and said corporation are empowered to make by-laws, by 
which the government of said society, its forms of proceedings, 
the duties and powers of its officers, the mode of calling meet- 
ings, and the due management of its concerns, shall be provided 
for and prescribed ; also to adopt, and, from time to time, to 
vary, a common seal ; and to commence and prosecute or defend 
any suit or action at law or in equity, necessary or proper to be 
prosecuted or defended, to enforce or protect their rights, 
claims and privileges. 



1830. Chap. 83. 59 

Sect. 2. Be it further enacted, That the said corporation Corporation 
shaJl be deemed and taken to be the successors of said society, "f^tlie^society" 
and all real and personal estate heretofore held by said society, 
is hereby confirmed to said corporation, to be held and used by 
them, in the manner and for the purposes in and for which the 
same has heretofore been held and used ; and all contracts, en- 
gagements and obligations heretofore made, entered into, and in- 
curred by said religious society, shall be assumed by, and be 
binding upon said corporation, and they shall be liable for the 
due observance thereof. 

Sect. 3. Be it further enacted, That said corporation may Assessments, 
make any and all reasonable assessments and taxes for the sup- ^'^' 
port of public worship, and for the preservation, improvement 
and reparation of their church edifice, or other estates of which 
they shall be at any time seized or possessed, or in which they 
may have any interest, and may also borrow monies, from time 
to time, to pay any existing debt or debts, and any debt or debts 
which may hereafter be incurred for the use of said society, and 
the real and personal estate of said corporation, and the pews in 
their church, shall at all times be liable to any creditor or credit- 
ors of said society, but the individual proprietors shall not be 
chargeable or liable, in person or estate, for any debt or debts 
owing at any time by said corporation, except that the pew or 
pews of such proprietor or proprietors in said church, shall be 
subject to such debts as before provided. 

Sect. 4. Be it further enacted, That said corporation be. Appointment of 
and they are hereby empowered to choose and appoint annually, '^"^^^^^• 
if they deem it expedient so to do, a trustee or trustees, to take 
charge of, hold, manage and apply the property and estate, which 
does or shall constitute the widow's fund, belonging to said soci- 
ety, conformably with the directions and stipulations given and pre- 
scribed by the subscribers to said fund, by a report of their com- 
mittee accepted the thirtieth day of December, in the year of 
our Lord one thousand eight hundred and four, and recorded 
page one hundred and nineteen of the second volume of the re- 
cords of said church, and also to take, hold and manage such Real and per- 
other real and personal estate which may belong to said corpora- ^° estate. 
tion, the actual produce whereof shall not exceed five thousand 
dollars annually, and which shall be applicable to the support of 
the public worship of God, the maintenance or education of the 
poor of said society, or other religious or charitable purposes, 
and such trustee or trustees shall and may sue, prosecute and de- 
fend any and all action or actions, suits and causes at law and in .— -> 
equity, in his or their own name or names as such trustee or trus- 
tees, touching or concerning said fund, or such real and personal 
estate. 

Sect. 5. Be it further enacted, That this act shall take When this act 
effect and go into operation on and after Monday, the fourth day shall take effect. 
of April next : 'provided, that the proprietors of said church do 
and shall at their annual meeting, to be held on said day, accept 
and adopt the same, otherwise this act shall be deemed void. 



60 1830. Chap. 83—88. 

Legislative con- Sect. 6. Be it further enacted, That the said act may be 
^''°'* altered or repealed at the pleasure of the Legislature. [March 

12, 1831.] 

ChCL'O 86. ^^ ^^"^ '° increase the Capital Stock of the Taunton Bank. 

1812 eh. 49. Sect. 1. BE it enacted by the Senate and House of Rep- 

1827 ch. 36. resentatives, in General Court assembled, and by the authority of 
1830 ch. 58, ^^jg same, That the president, directors and company of the 
Capital stock in- Taunton Bank, be, and hereby are authorized and empowered to 
crease . increase their present capital stock, by an addition of seventy- 

five thousand dollars thereto, in shares of one hundred dollars 
each, which shall be paid in such instalments, and at such times, 
as the president and directors of said bank may direct and deter- 
mine : provided, however, that the whole amount shall be paid in 
on or before the first day of October next. 
Additional cap- Sect. 2. Be it further enacted. That the additional stock 
tax &'c.^*^^ '° aforesaid shall be subject to the like tax, regulations, restrictions 
and provisions to which the present capital stock of said corpo- 
ration is now subject. [March 15, 1831.] 

Chd'D 87 ■^'^ ^^^ '° confirm Silas Pearson in the location of his Dam across Little River, in the 
-T ' * Town of Newbury, in the County of Essex. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
s. Pearson con- the samc. That Silas Pearson, his heirs and assigns, be confirm- 
caUon of his ®^ ^"^ established in the present location of said dam across 
dam. Little river, in said town of Newbury, for the purpose of retain- 

ing water, to carry a tide mill, (agreeably to a grant from the 
said town, in the year 1689,) in as full and ample a manner as if 
the said dam had been erected by the authority of this court : 
provided, said dam shall at no time hereafter be raised above the 
common level of the marsh. 

Sect. 2. Be it further enacted, That said Pearson, his 
heirs and assigns, shall pay damages to the owners of lands 
whose lands respectively shall be more flowed in consequence of 
the removal of said dam from its former location, said damages 
to be ascertained in the same manner that damages for flowing 
lands are by law ascertained. [March 15, 1831.] 

f^hfin RR ^"^ ^^^ '° incorporate the Rotch's Wharf Company. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
Persons incor- of the Same, That William Rotch, Jr., Samuel Rodman, Eliza- 
porated. j^p^]^ Rodman, Mary Rotch and Benjamin Rotch, and their asso- 

ciates, successors and assigns, be, and they hereby are constituted 
a body politic and corporate, by the name of the Rotch's Wharf 
Company, and the said corporation are hereby declared and made 
capable in law to sue and be sued, implead, and be impleaded ; 
to have a common seal, and the same to' alter and renew at pleas- 
ure ; to make rules and by-laws for the regulation and manage- 
ment of their property, consistent with the laws of this Common- 
wealth, and generally to do and execute whatever by law shall 
appertain to bodies politic. 



1830. Chap. 88—89. 61 

Sect. 2. Be it further enacted, That said corporation be, Real estate de- 
and hereby is declared and made capable to have, hold and pos- ^'^"•^^'i- 
sess the following described real estate, situated in the town of 
New Bedford, and county of Bristol, viz : beginning at the south- 
east corner of William Rotch, Junior's, stone store, and running 
northerly by the line of said store to a water lot owned by the 
heirs of the late Thomas Hazard, Jr., deceased; thence running 
easterly to the channel of Acushnet river, in the line dividing the 
])roperty of the aforesaid heirs of the late Thomas Hazard, Jr., and 
of tlie heirs of the late William Rotch ; then beginning at the first 
mentioned corner of William Rotch, Jr.'s stone store, and running 
easteily to the channel of the aforesaid river, in a line dividing the 
property of the heirs of the late Humphrey Hathaway, deceased, 
and William Rotch, Jr., and of the heirs of the late William 
Rotch, and the wharves and buildings embraced in said bounda- 
ries. Also, a lot of land west of the said wharf property, be- 
ginning at the northeast corner of William Rotch, Jr.'s stone 
store aforesaid, and running westerly to the northeast corner of a 
store now occupied by Charles V. Card, thence northerly to a 
shed occupied by Samuel Rodman, thence easterly to the line 
first described in this section, containing about one hundred and 
eighteen feet square, for the purpose of depositing oil and other 
merchandize thereon, or however otherwise the said estate may 
be bounded, with all the rights, privileges and appurtenances 
thereof. And the said corporation shall have power to sell, grant 
and convey, in fee simple or otherwise, their corporate property, 
or any part thereof, and lease, manage and improve the same, 
according to the will and pleasure of said corporation, expressed 
at any legal meeting. 

Sect. 3. Be it further enacted, That said corporation shall Amount of real 
have power to hold real and personal estate, not exceeding one estaier^*'"^ 
hundred thousand dollars in value, appertaining to the above de- 
scribed premises. 

Sect. 4. Be it further enacted, That William Rotch, Jr., First meeting. 
be, and he is hereby authorized to call the first meeting of said 
proprietors, by giving personal notice, ten days at least previous 
to the said meeting, of the time and place at which it is to be 
holden, and the said corporation may at such meeting prescribe 
the mode of calling future meetings, and may elect such officers 
as they may deem proper and necessary for managing their cor- 
porate affairs. 

Sect. 5. Be it further enacted, That this act may be altered Legislative 
or amended, at the pleasure of the Legislature. [March 15, *=°""'°'- 
1831.] 

An Act to reduce the capital stock of the Fall River Bank. C/llO.'lJ, 89. 

Sect. 1. BE it enacted by the Senate and House of Repre- 1324 ch. 135. 
sentatives, in General Court assembled, ayid by the authority of 1^26 ch. 125. 
the same. That, from and after the first Monday of April next, 
the capital stock of the corporation created by an act passed on capital stock. 
the twenty-sixth day of February, in the year of our Lord one 



62 1830. Chap. 89—91. 

[Capital in- thousand eight hundred and twenty-five, and also by an act passed 
ch^ 9T1' ^^^^ °" ^^^^ tenth day of March, in the year of our Lord one thousand 
eight hundred and twenty-seven, by the name of the President, 
Directors and Company of the Fall River Bank, be, and the 
same hereby is reduced to the sum of one hundred and fifty thou- 
sand dollars. 
Number of Sect. 2. Be it further enacted, That the number of shares 

shares. in said capital stock shall remain the same as now established. 

wu J- 1 A Sect. 3. Be it further enacted. That no dividend of the 

When dividend i r • i r i • • i ii i i -i 

of capital stock Capital stock 01 sRid bank, as now existing, snail be made, until 
may be made, jj gjjjj|| j^^^^g |^ggjj 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 Hability of the corporation, or of the individual stockholders, 
as established by the original act incorporating said bank, or by 
any other existing law. And the said corporation shall be holden 
to pay into the treasury of this Commonwealth, their proportion 
of the tax now required to be paid by law upon the existing cap- 
ital of said bank, until the same shall be reduced as aforesaid, and 
all arrearages of taxes paid. [March 15, 1831.] Add. act, 
1836 ch 91. 



ChctVt 90. ^^ ^^^ authorizing the Supreme Judicial Court to hear, and determine in equity, all 
■i ' ' matters relating to the donation of Benjamin, Count Rumford to the American Acad- 

emy of Arts and Sciences. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
That the justices of the supreme judicial court be, and they here- 
by are authorized and empowered to hear and determine in equity, 
any and all matters relating to the donation of Benjamin, Count 
Rumford, to the American academy of arts and sciences, and to 
make all necessary or proper orders and decrees touching the 
same. [March 16, 1831.] 

f^hnrt Ql An Act to incorporate the Fairhaven Insurance Company. 

"' * Sect. 1. BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
Persons incor- same. That Asa Swift, junior, Lemuel Tripp, Warren Delano, 
porated. Rowland Gibbs, and F. R. Whitwell, with their associates, 

successors and assigns, be, and they hereby are incorporated into 
a company and body politic, by the name of the Fairhaven Insu- 
Powers and rance Company, with all the powers and privileges granted to 
duties. insurance companies, and subject to all the restrictions, duties 

and obligations contained in a law of this Commonwealth, entitled 
1817 ch. 120. " an act to define the powers, duties and restrictions of insurance 
companies," passed on the sixteenth day of February, in the 
year of our Lord one thousand eight hundred and eighteen, and 
1819 ch. 141. in a law of this Commonwealth, entitled "an act authorising the 
several insurance companies in this Commonwealth to insure 



1830. Chap. 91. 63 

against fire," passed on the twenty-first day of February, in the 

year of our Lord one thousand eight hundred and twenty, for and 

during the term of twenty years after the passing of this act ; 

and by that name may sue and be sued, plead and be impleaded, 

appear, prosecute and defend to final judgment and execution ; 

and may have a common seal, which they may alter at pleasure ; 

and may purchase, hold and convey any estate, real or personal, 

for the use of said company : provided^ the said real estate shall R-eal estate. 

not exceed the value of twelve thousand dollars, excepting such 

as may be taken for debt, or held as collateral security for money 

due to said company. 

Sect. 2. Be it further enacted, That the capital stock of Capital stock, 
said company shall be one hundred thousand dollars, and shall be ^ ^'^^' ^' 
divided into shares of one hundred dollars each, fifty thousand 
dollars of which shall be paid in money, within sixty days after 
the first meeting of the said company, and the residue within one 
year from the passing of this act, in such instalments, and under 
such penalties, as the president and directors shall, in their dis- 
cretion, direct and appoint. And the said capital stock shall not 
be sold or transferred, but shall be holden by the original sub- 
scribers thereto, for and during the term of one year after the 
said company shall go into operation. 

Sect. 3. Be it further enacted, That the stock, property. Number and 
affairs and concerns of the said company shall be managed and rectors'! °'^ '''" 
conducted by nine directors, one of whom shall be president 
thereof, who shall hold their office for one year, and until others 
are chosen, and no longer ; and who shall, at the time of their 
election, be stockholders in said company, and citizens of this 
Commonwealth, and shall be elected on the second Monday of 
January, in each and every year, at such time of the day, and 
such place in Fairhaven, as a majority of the directors for the , 
time being shall appoint, of which election public notice shall be 
given in one or more newspapers printed in New Bedford, ten 
days at least previous to the meeting ; and the election shall be 
made by ballot, by a majority of the stockholders present, al- Right of voting-, 
lowing one vote to each share in the capital stock : provided, 
that no stockholder shall be allowed more than ten votes ; and 
absent stockholders may vote by proxy, under such regulations 
as said company shall prescribe. And if, through any unavoid- 
able accident, the said directors should not be chosen on the 
second Monday of January, as aforesaid, it shall be lawful to 
choose them on any other day, in the manner herein provided. 

Sect. 4. Be it further enacted, That the directors, when President, 
chosen, shall meet as soon as may be after every election, and 
shall choose out of their body one person to be president, who 
shall be sworn or affirmed to the faithful discharge of the duties 
of his office, and who shall preside for one year. And in case 
of the death, resignation or inability to serve of the president, or 
any director, such vacancy or vacancies shall be filled for the 
remainder of the year in which they happen, by a special election 



64 



1830.- 



-Chap. 91—92. 



Board for doinj 
business. 



First meetins 



Limilation of 
risks. 



Location. 



Chap. 92. 



Persons incor- 
porated. 



Powers and 
duties. 



for that purpose, to be held in the same manner as herein before 
directed respecting annual elections of directors. 

Sect. 5. Be it further enacted^ That the president and 
four of the directors, or five of them in his absence, shall be a 
board competent to the transaction of business ; and all questions 
before them shall be decided by a niajority of votes ; and they 
shall have power to make and prescribe such by-laws, rules and 
regulations, as to them shall appear needful and proper, touching 
the management and disposition of the stock, property, estate 
and effects of said company, and the transfer of the shares, and 
touching the duties and conduct of the several 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 ser- 
vants for carrying on the business, and with such salaries and al- 
lowances to them and to the president, as to the said board shall 
seem meet : provided^ such by-laws and regulations shall not be 
repugnant to the constitution and laws of this Commonwealth. 

Sect. 6. Be it further enacted^ That any two or more of 
the persons named in this act, are hereby authorized to call a 
meeting of said company, by advertising the same in any news- 
paper printed in New Bedford, in two successive papers, for the 
purpose of electing their first board of directors, who shall con- 
tinue in office till the second Monday of January next, and until 
others shall be chosen in their stead : provided, however^ that this 
charter shall be void, 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 ; and they shall, at no time, take any one 
risk, by way of a policy of insurance, maritime loan, or bottom- 
ry, or otherwise, to a greater amount than ten per cent, on their 
capital actually paid in. 

Sect. 7. Be it further enacted, That said insurance com- 
pany shall be located and kept in the town of Fairhaven ; and it 
shall be liable to be taxed by any general law providing for the 
taxation of all similar corporations. [JWarch 16, 1831.J 

All Act to incorporate the President, Directors and Company of the Trader's Bank 
in Boston. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same. That Samuel May, John Brazer Davis, Thomas 
Thacher, Francis Watts, Levi Bardett, .John Stearns, Joshua 
Sears, Robert Farley, and Charles Brown, their associates, suc- 
cessors and assigns, shall be, and they hereby are created a cor- 
poration, by the name of the President', Directors and Company 
of the Trader's Bank, and shall so continue until the first day of 
October, which shall be in the year of our Lord one thousand 
eight hundred and fifty-one, and shall be entitled to all the pow- 
ers and j)rivileges, and subject to all the duties, liabilities and 



1830.- Chap. 92—94. 65 

requirements, contained in an act passed on the twenty-eighth 

day of February, in the year of our Lor^ one thousand eight 

hundred and twenty-nine, entided "an act to regulate banks and 1828 ch. 96. 

banking," and the further provisions contained in an act, passed 

on the twenty-eighth day of February, in the year of our Lord 

one thousand eight hundred and thirty-one, entitled " an act to 1830 ch. 63. 

continue the banking corporations therein named, and for other 

purposes." 

Sect. 2. Be it further enacted, That the capital stock Capitaistock, 
of said corporation shall consist of five 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 stockholders may 
direct : provided, that the whole be paid within one year from 
the passing of this act. 

Sect. 3. Be it further enacted. That the said bank shall be Location and 
established in the city of Boston, and that any one of the persons ^"^^^ meeting, 
before named shall be authorized to call the first meeting of said 
corporation, by advertising the same in any newspaper published 
in the city of Boston, ten days at least before said meeting. 
[March 16, 1831.] 

An Act respecting Shell Fish in the town of Duxbury, in the county of Plymouth. ChftX) 93 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That, from and after the passing of this act, the town Town may reg- 
of Duxbury, at a meeting duly warned and held for that purpose, sheHfish!"^ 
may make and ordain such regulations for the preservation of, and 
taking shell fish within the limits thereof, as they may deem for 
the good of the inhabitants of said town : provided, said regula- 
tions be not repugnant to the constitution and laws of the Com- 
monwealth. 

Sect. 2. Be it further enacted, That any person who shall Penalty for vio- 
violate any of said regulations, so made and ordained, shall for- jf^J,"^ ''^^^ ^' 
feit and pay the sum of five dollars, to be recovered in an action 
of debt for the use of said town, by the treasurer thereof, in any 
court proper to try the same. 

Sect. 3. Be it further enacted. That this act may be Legislative 
amended or repealed, at the pleasure of the Legislature. [JUarch *=°""'°'- 
16, 1831.] 

An Act to set off certain territory from the town ofPiympton, and to annex the same (Jfldp, 94. 
to the town of Halifax. ■'■ 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, 
That a tract of land, containing about eight acres, lying on Tur- Boundaries. 
key Island, so called, within the incorporated bounds of the town 
of Halifax, in the county of Plymouth, and owned by Abiel 
White, and also, all the land now belonging to, and making a 
part of the town of Plympton, lying to the north and west of the 
following described line, being a part of the boundary line 
heretofore established between the towns of Halifax and Plymp- 
ton, in said county of Plymouth, to wit : beginning at a store 

VOL. vn. 9 



m 1830. Chap. 94—97. 

standing on the land of Nathan Fuller, being the westerly corner 
bound of the said town of Plympton, and running north, fifty and 
one fourth degrees east, six hundred and three and an half rods, 
to Adams' Rock, so called, on the line between said towns, to- 
gether with all the inhabitants living on the above described tract 
of land, be, and the same are hereby set off from the said town 
of Plympton, and annexed to and made part of the said town of 
Proviso. Halifax : provided, that the said tracts of land, and the inhabi- 

tants living thereon, shall be held for the payment of all taxes 
heretofore assessed on them by the said town of Plympton, in 
like manner as if this act had not been passed. [^March 16, 1831.] 

Q^ An Act in addition to "An Act to establish a corporation for the purpose of draining 
Green's Harbour Marsh in the town of Marshfield." 



Chap. 

1806 ch. 39. 



BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, 
Limitation of That the act entitled "an act to establish a corporation for the 
^'^*' purpose of draining Green's Harbour Marsh in the town of 

Marshfield," be, and the same is hereby limited to, and shall ex- 
pire on the first day of April, which will be in the year of our 
Proviso. Lord one thousand eight hundred and thirty-one : provided, how- 

ever, that said corporation shall be, and hereby is continued a 
body corporate, for the term of three years from and after said 
first day of April, for the purpose of prosecuting and defending 
all suits which now are, or may hereafter be instituted by and 
against said corporation and for enabling said corporation gradu- 
ally to settle and close their concerns, but not for the purpose of 
continuing the business for which said corporation was originally 
established : and provided, also, that this act be accepted and 
ratified by said corporation, at a legal meeting for that purpose 
duly convened. [March 16, 1831.] 

Chat)' 96. An Act in addition to "An Act for the better regulation, instruction and government 
-* * of the Indians and people of colour, in the county of Duke's County." 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same. 
Additional sal- That there be allowed and paid, out of the treasury of this Com- 
t'o"'the guardian monwealth, to the guardian of the Indians and people of colour, at 
of the Indians. Chappcquiddic, and Christiantown, the sum of fifty dollars an- 
nually, in addition to the sum named in an act passed the tenth 
day of March, A. D., one thousand eight hundred and twenty- 
eight, to which this is in addition. The increased salary of said 
guardian to commence on the thirteenth day of March, A. D., 
one thousand eight hundred and thirty-one. [March 16, 1831.] 

Chnn 97 ^"^ ^^^ ^° incorporate the Boston Hemp Manufacturing Company. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority of 
Persons incor- the same. That Daniel Treadwell, Horace Gray, and Nathaniel 
porated. Francis, their associates, successors and assigns, be, and they 

hereby are made a corporation, by the name of the Boston 
Hemp Manufacturing Company, for the purpose of manufac- 
turing hemp and flax, at Boston in the county of Suffolk, and 



1830. Chap. 97— -101. 67* 

at Roxbuiy, in the county of Norfolk, and for this purpose shall Powers and du- 

have all the powers and privileges, and be subject to all the du- "®^' 

lies and requirements contained and provided in and by an act 

passed on the twenty-third day of February, in the year of our Lord 

one thousand eight hundred and thirty, entitled " an act defining 1829 ch. 53. 

the general powers and duties of manufacturing corporations." 

Sect. 2. Be it further enacted, That the capital stock of Capital stock 
said corporation shall not exceed two hundred thousand dollars, ^"'^ ''®^' estate, 
and they may be lawfully seized and possessed of such real es- 
tate, as may be necessary and convenient for the purposes afore- 
said, not exceeding in value the sum of one hundred thousand dol- 
lars. [March 16, 1831.] 

An Act to incorporate the President, Directors and Company of the Naumkeag Bank. f^hrfYk 1 00 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of Persons incor- 
the same, That David Pingree, Benjamin Merrill, Stephen W. porated. 
Shepard, Benjamin Fabens, Thorndike Procter, Holton J. 
Breed, Ebenezer Dodge, their associates, successors and as- 
signs, be, and they are hereby created a corporation, by the 
name of the President, Directors and Company of the Naum- 
keag Bank, and shall so continue until the first day of October, 
which shall be in the year of our Lord one thousand eight hun- 
dred and fifty-one ; and said corporation shall be entitled to all Powers and 
the powers and privileges, and subject to all the duties, liabilities <l"^'«s. 
and requirements, contained in an act passed on the twenty-eighth 
day of February, in the year of our Lord one thousand eight 
hundred and twenty-nine, entitled "an act to regulate banks and 1828 ch. 96. 
banking," and the provisions of an act passed on the twenty- 
eighth day of February, in the year of our Lord one thousand 
eight hundred and thirty-one, entitled " an act to continue the issoch. 58. 
banking corporations therein named, and for other purposes." 

Sect. 2. Be it further enacted, That the capital stock of Capital stock, 
said corporation shall consist of the sum of two hundred thous- ^^^''^^' ^'^• 
and dollars, to be divided into shares of one hundred dollars [Capital in- 
each, to be paid in such instalments, and at such times, as the 01^7^6 1" ^^^^ 
stockholders may direct : provided, the whole be paid within 
one year from the passing of this act. 

Sect. 3. Be it further enacted, That the said bank shall Location and 
be established in the town of Salem ; and that any one of the fi""®' meeting, 
persons before named shall be authorized to call the first meeting 
of said corporation, by advertising the same in any newspaper 
printed in the town of Salem, ten days at least before said meet- 
ing. [March 17, 1831.] Add. act, 1836 ch. 76. 

An Act to incorporate the President, Directors and Company of the Bank of General /^hrf^i 101 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same. That Thorndike Deland, Robert Brookhouse, Jere- Persons incoi- 
miah Briggs, Nathan Endicott, Michael Shepard, Thomas Saun- po-^^ted. 
ders, their associates, successors and assigns, shall be, and they 



68 



1830.- 



-Chap. 101—104. 



Powers and du- 
ties. 



1828 ch. 96. 



1830 ch. 58. 



Capital stock. 

[Capital in- 
creased, 1836 
ch. 101.] 



Location. 



Chap \02. 



Mayhew and 
others authoriz- 
ed to build a 
wharf. 



Proviso. 



Legislative 
control. 



ChapW^. 

1825 ch. 37. 
1827 ch. 42. 
1830 ch. 58. 

Increase of cap- 
ital stock. 



hereby are created a corporation, by the name of the President, 
Directors and Company of the Bank of General Interest, and 
shall so continue until the first day of October, which shall be in 
the year of our Lord one thousand eight hundred and fifty-one. 
And said corporation shall be entitled to all the powers and priv- 
ileges, 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 hundred and twenty- 
nine, entitled "an act to regulate banks and banking," and the 
provisions of an act passed on the twenty-eighth day of Februa- 
ry, in the year of our Lord one thousand eight hundred and 
thirty-one, entitled " an act to continue the banking corporations 
therein named, and for other purposes." 

Sect. 2. Be it further enacted, That the capital stock of 
said corporation shall consist of the sum of two hundred thous- 
and dollars, to be divided into shares of one hundred dollars 
each, to be paid in such instalments, and at such times, as the 
stockholders may direct : provided, the whole be paid within 
one year from the passing of this act. 

Sect. 3. Be it further enacted, That the said bank shall be 
established in the town of Salem, and that any one of the per- 
sons before named shall be authorized to call the first meeting of 
said corporation, by advertising the same in any newspaper print- 
ed in the town of Salem, ten days at least before said meeting. 
[March 17, 1831.] Add. act, 1836 ch. 101. 

An Act authorizing Thomas W. Mayhew and others to build and maintain a Wharf 
in Acoaxet River, in Westport, in the County of Bristol. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority of 
the same. That Thomas W. Mayhew, and such other persons as 
now are, or hereafter may be associated with him, be, and they 
hereby are authorized to build and maintain a wharf in Acoaxet 
river, in Westport, in the county of Bristol, at a place called the 
Point, and easterly from Palmer's wharf, so called, and to ex- 
tend the same from the landing to where there may be a depth 
of water equal to that at said Palmer's wharf ; and that they be 
allowed the exclusive use of the water for the use, accommoda- 
tion and occupation of said wharf: provided, the erection and 
improvement of said wharf shall in no wise affect the legal rights 
of any other person or persons whatsoever. 

Sect. 2. Be it further enacted. That this act may be altered 
or repealed at the pleasure of the Legislature. [March 17, 
1831.] 

An Act in addition to " An Act to incorporate the President, Directors and Compa- 
ny of the Merchants Bank of New Bedford." 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same. That the Merchants Bank in New Bedford be, and 
they are hereby authorized and empowered to increase their pre- 
sent capital stock, by an addition of one hundred and fifty thou- 
sand dollars thereto, in shares of one hundred dollars each, which 



1830. Chap. 104—107. 69 

shall be paid in such instalments, and at such times, as the presi- 
dent and directors of said bank may direct and determine : pro- 
vided^ hoicever, that the whole amount shall be paid in on or be- 
fore the first day of October, which will be in the year of our 
Lord one thousand eight hundred and thirty-one : provided also, Duties and re- 
that the said bank shall be governed by all the rules, and sub- ^"■'•="""s. 
jected to all the duties, limitations, restrictions, liabilities and 
provisions, contained in an act entided " an act to regulate banks 1828 ch 96. 
and banking," passed on the twenty-eighth day of February, in 
the year of our Lord one thousand eight hundred and twenty- 
nine, and the provisions of an act entitled "an act to continue 1830 ch. 58. 
the banking corporations therein named, and for other purposes," 
passed on the twenty-eighth day of February, one thousand eight 
hundred and thirty-one. [March 17, 1831.] 

An Act to change the name of the Franklin Bank at Greenfield. ChctV 1 05 

BE it enacted by the Senate and^House of Representatives, in I82i ch. 43. 
General Court assembled, and by the authority of the same, |g|o l^' ^' 
That the banking corporation, created and established in Green- 
field, by an act passed on the twenty-ninth day of January, in [Capital in- 
the year of our Lord one thousand eight hundred and twenty- l\^^]lg'-i^^^^ 
two, by the name of the Franklin Bank, shall, after the passage 
of this act, be known by the name of the President, Directors 
and Company of the Greenfield Bank. [March 17, 1831.] 
Add. act 1833 ch. 159. 

An Act authorizing' the taxing of pews in the Meeting-house of the South Street Meth- C/Jldr) 1 06. 
odist Episcopal Society in Lynn. -^ 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same. That the members of the South Street Methodist Assessments on 
Episcopal Society in Lynn, be, and they hereby are authorized P®^^' 
to assess, upon the pews in the meeting-house of said society, 
according to a valuation of said pews, which shall be agreed upon 
by said society, any sum or sums of money which shall hereafter 
be voted to be raised by said society, for the support of public 
worship and other parochial charges ; and all assessments upon 
the pews as aforesaid may be made and collected, in the manner 
provided by an act authorizing the proprietors of churches, meet- I817 ch. 189. 
ing-houses, and other houses of public worship, to regulate and 
manage their property and interest therein ; passed on the twen- 
ty-fourth day of February, in the year of our Lord one thousand 
eight hundred and eighteen. 

Sect. 2. Be it further enacted. That this act shall be sub- Legislative con- 
ject to revision or repeal at the pleasure of the Legislature. *'■"'• 
[March 17, 1831.] 

An Act to change the names of the Congregational Union Society in Amherst, and of CflCtp 1 07. 
the Trustees of the Ministerial Fund of the Congregational Union Society in Am- jggs ch. 115. 
herst. ^ ^ 1827 ch' 11.' 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, 
That the religious society, heretofore known by the name of the Names chang- 



70 1830. Chap. 107—109. 

Congregational Union Society in Amherst, shall henceforth be 
known by the name of Amherst North Parish, and that the cor- 
poration heretofore known by the name of the Trustees of tlie 
Ministerial Fund of the Congregational Union Society in Am- 
herst, shall henceforth be known by the name of the Trustees of 
the Ministerial Fund of Amherst North Parish, and that all offi- 
cers of said society, and of said corporation shall hold and exer- 
cise their respective offices, in the same manner as they would 
have done if this act had not been passed. [March 17, 1831.] 

L/fiap lUO. An Act aulliorizing' the taxing of Pews in the Meeting-house of the Congregational 
Society in Norlhbridge. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
Assessments on ^/^g same, That the members of the Conereeational Society in 

pews, , o o •/ 

Northbridge be, and they hereby are authorized to assess any 
sum or sums of money, which shall hereafter be voted by said 
society to be raised for the support of public worship, and other 
parochial charges, upon the pews in the meeting-house of said 
society, according to a valuation of said pews, which shall be 
agreed upon by said society ; and all assessments upon the pews 
as aforesaid may be made and collected in the manner provided 
1817 ch. 189. by an act, authorizing the proprietors 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. 
Legislative Sect. 2. Be it further enacted. That this act shall be sub- 

control, jgpj. ^Q revision or repeal, at the pleasure of the Legislature. 

[March 17, 1831.] 

Chcit) 1 09. ^'^ ■^•^T authorizing the taxing of Pews in the Meeting-house of Cambridgeport Parish. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
Pews may be qJ f/jg same, That all sums of money which shall hereafter be 
voted to be raised by Cambridgeport Parish, for the purposes of 
repairing their meeting-house, and of erecting or repairing fences, 
shall be assessed upon the pews in said meeting-house, according 
to a valuation of said pews, which shall be agreed upon by said 
society : and all assesments upon the pews as aforesaid may be 
1817 ch. 189. collected in the manner provided by "an act authorizing the pro- 
prietors of churches, meeting-houses and other houses of public 
worship to regulate and manage their property and interests there- 
in," passed the twenty-fourth day of February, in the year of our 
Lord one thousand eight hundred and eighteen. 
Legislative Sect. 2. Be it further enacted. That this act shall be sub- 

control, jgp^ ^Q revision or repeal, at the pleasure of the Legislature. 

[March 17, 1831.] 



1830. Chap. 111. 71 

An Act to authorize the United States to take Land for a Light-house on West Chop, C^hnrt 111 
Martha's Vineyard, and to cede the jurisdiction of the same. Kylvu^J ill. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority 
of the same, That the United States of America may purchase, Land ceded to 
or take as herein after is provided, any tract of land which shall ^- ^'^'^s- 
be found necessary and convenient for a new site of the light- 
house, erected on West Chop, in the town of Tisbury, Dukes 
County, in this Commonwealth, by the authority of Congress, 
with a right of way from the land so taken, to the land now own- 
ed by the United States, and to the public highway ; and during 
the continuance and appropriation aforesaid, the jurisdiction of said 
tract of land, not exceeding the quantity of four acres, shall [6e] 
and hereby is ceded to and shall be in the said United States, so 
long as it shall be used for the sole purpose of keeping a light- 
house thereon, and no longer : provided, that this Commonwealth Concurrent 
shall retain, and does hereby retain, concurrent jurisdiction with ieta^ned°" 
the United States, in and over said land, so far, that all civil and 
criminal processes issued under the authority of this Common- 
wealth, or any officer thereof, may be executed on any part of 
said land, or in any building that may be erected thereon, in the 
same way and manner as if the jurisdiction had not been granted 
as aforesaid. 

Sect. 2. Beit further enacted. That, if the agent, or person Ifparties cannot 
employed for the United States, and the owner or owners of bf^appraised" 
such tract of land as shall be found necessary and convenient for by jury. 
the said light-house, cannot agree in a sale and purchase thereof, 
such agent or person employed may apply to the court of com- 
mon pleas holden in Dukes County, and the said court is hereby 
authorized and empowered to cause the value of said land, to- 
gether with the damage which the owner or owners may sustain 
by the erection of said light-house, to be appraised by a jury to 
be summoned by the sheriff of said county, or his deputy, for 
that purpose, which jury shall be sworn to the faithful discharge 
of their trust, and shall proceed to view and set off, by metes 
and bounds, said tract of land, or such part thereof as shall be 
found necessary and convenient for such light-house, and shall 
return their verdict to the said court; and, in case the said court 
shall not then be in session, shall seal up their verdict, and deliver 
the same to the said sheriff, or his deputy, who shall make return 
thereof to the said court, at the next term to be holden in and for 
the said county, which verdict of the jury, being accepted by 
the said court, and the amount of said verdict being paid to the 
owner or owners of the land appraised and set off by the jury, or 
if the owner or owners shall not appear, or shall refuse to receive 
such amount in money as the said court shall order, then the 
amount of the appraisement aforesaid shall be lodged in the office 
of the treasurer of Dukes County, to be received by the owner, 
or any person legally authorized to receive the same ; and the 
tract of land so appraised and set off shall be vested in the United 
States, and shall be taken, possessed and appropriated for the 



72 1830. Chap. 111—115. 

Proviso. pui'poses aforesaid. Provided, also, that all charges of such ap- 

plication and appraisement shall be paid by the United States. 
[March 17, 1831.] 

ChctJ) WAft An Act to incorporate the Hanson Manufacturing Company. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
Persons incor- the Same, That Eleazer Harlow, and Oliver Eldridge, together 
porate . ^j^^j^ ^^^^j^ 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 Hanson Manufacturing Com- 
pany, for the purpose of manufacturing cotton and woollen goods 
Powers and du- in the town of Hanson, and for this purpose, shall have all the 
powers and privileges, and shall be subject to all the duties and 
requirements, prescribed and contained in an act, passed the 
twenty-third day of February, in the year of our Lord one thou- 

1829 ch. 53. sand eight hundred and thirty, entitled " an act defining the gen- 

eral powers and duties of manufacturing corporations." 
Real and per- Sect. 2. Be it further enacted, That the said Hanson 
sonai estate. 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 afore- 
said. [March 18, 1831.] 

ChflU 115 ■'^" ^'■^^ '° incorporate the President, Directors and Company of the Fairhaven Bank. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of the 

^ora°ed '"''°'' ^^^ ^^''^^' '^^^^ ^^^ &wi(t, Jr., Noah Stoddard, Ansell Gibbs, 
Nathan Church, Joshua Hitch, Joseph Tupp, Levi Jenny, Eze- 
kiel Savvin, Warren Delano, their associates, successors and as- 
signs, shall be, and they hereby are created a corporation, by the 
name of the President, Directors and Company of the Fairhaven 
Bank, and shall so continue until the first day of October, which 
shall be in the year of our Lord one thousand eight hundred and 

Powers and da- fifty-one. And Said corporation shall be entided to all the pow- 

"®^" ers and privileges, and subject to all the duties, liabilities and re- 

quirements, contained in an act passed on the twenty-eighth day 
of February, in the year of our Lord one thousand eight hundred 

1828 ch. 96. and twenty-nine, entitled " an act to regulate banks and bank- 
ing," and the provisions of an act passed on the twenty-eighth 
day of February, in the year of our Lord one thousand eight 

1830 ch. 58. hundred [and] thirty-one, entided " an act to continue the banking 

corporations therein named, and for other purposes." 
Capital stock. Sect. 2. Be it further enacted. That the capital stock of 

[Capital in- said Corporation shall consist of the sum of one hundred thousand 
cL^ns] dollars, to be divided into shares of one hundred dollars each, to 

be paid in such instalments, and at such times, as the stockhold- 
ers may direct : provided, the whole be ,paid within one year 
from the passing of this act. 
Location and Sect. 3. Be it further enacted. That the said bank shall be 

mec ing. established in the town of Fairhaven, and that any one of the 



1830. Chap. 115—117. 73 

persons before named shall be authorized to call the first meeting 
of said corporation, by advertising the same in any newspaper 
printed in the town of New-Bedford, ten days at least before said 
meeting. [March 18, 1831.] Add. act, 1836 ch. 173. 

An Act to incorporate the President, Directors and Company of the Merchants Bank (IJiffV) \\Q 
of Newburyport. J^ * 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That William Bartlett, John Wills, John Wood, Persons incor- 
Robert Jenkins, John A. Gushing, Benjamin Hale, William po^ated. 
Balsh, Stephen Tilton, Henry Johnson, Amos Noyes, David 
Noyes, Henry Frothingham, Samuel Nichols, Eleazer Johnson; 
Edmund Swett, their associates, successors and assigns, shall be, 
and they hereby are created a corporation, by the name of the 
President, Directors and Company of the Merchants Bank of 
Newburyport, and shall so continue until the first day of Oc- 
tober, which will be in the year of our Lord one thousand 
eight hundred and fifty-one ; and said corporation shall be enti- Powers and 
tied to all the powers and privileges, and subject to all the duties " '^^' 
liabilities and requirements, contained in an act passed on the 
twcMty-eighth day of February, in the year of our Lord one 
thousand eight hundred and twenty-nine, entitled "an act toreg- 1828 ch. 96. 
ulate banks and banking," and the provisions of an act passed on 
the twenty-eighth day of February, in the year of our Lord one 
thousand eight hundred and thirty-one, entitled " an act to con- ^^^ ^h. 58. 
tinue the banking corporations therein named, and for other pur- 
poses." 

Sect. 2. Beit further enacted, That the capital stock of Capital stock, 
said corporation shall consist of the sum of two hundred and 
twenty-five thousand dollars, to be divided into shares of fifty 
dollars each, to be paid in such instalments, and at such times, 
as the stockholders may direct : provided, that the whole be paid 
in one year from the passing of this act. 

Sect. 3. Be it further enacted, That the said bank shall Location, &c. 
be established in the town of Newburyport, and that any one of 
the persons before named shall be authorized to call the first 
meeting of said corporation by advertising the same in any news- 
paper printed in the town of Newburyport, ten days at least be- 
fore said meeting. [March 18, 1831.] Add. act, 1833 ch. 
158. 



An Act to incorporate the President, Directors and Company of the Citizens' Bank. (Jfidv) 117, 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authori- 
ty of the same. That George Myrick, Aaron Mitchell, Samuel Persons incor- 
Mitchell, Nathaniel Barney, Samuel Colburn, John G. Pink- P"'^'^''- 
ham, their associates, successors and assigns, shall be, and they 
hereby are created a corporation, by the name of the President, 
Directors and Company of the Citizens' Bank, and shall so con- 
tinue until the first day of October, which shall be in the year of 
our Lord one thousand eight hundred and fifty-one. And said 

VOL. VII. 10 



1830.- 



■Chap. 117—118. 



Powers and du- Corporation 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 hundred and twenty-nine, enti- 

1828 ch. 96. tied " an act to regulate banks and banking," and the provisions 
of an act passed on the twenty-eighth day of February, in the 
year of our Lord one thousand eight hundred and thirty-one, en- 

1830 ch. 58. titled "an act to continue the banking corporations therein 
named, and for other purposes." 

Capital stock. Sect. 2. Be it further enacted. That the capital stock of 
said corporation shall consist of the sum of one hundred thous- 
and dollars, to be divided into shares of one hundred dollars 
each ; to be paid in such instalments, and at such times, as the 
stockholders shall direct : provided^ the whole be paid within 
one year from the passage of this act. 

Location, &c. Sect. 3. Be it further enacted^ That the said bank shall be 
established in the town of Nantucket, and that any one of the 
persons before named shall be authorized to call the first meeting 
of said corporation, by advertising the same in any newspaper 
printed in the town of Nantucket, ten days at least before said 
meeting. [March 18, 1831.] 



ChapU^, 



Persons incor- 
porated. 



Powers and du- 
ties. 



1828 ch. 96. 

1830 ch. 58. 
Capital stock. 



Location, &c. 



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

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same, That Joseph W. Green, William Hawkes, Ed- 
mund Kimball, Benjamin Porter, Joel Newhall, Abel Gardner, 
their associates, successors and assigns, shall be, and they here- 
by are created a corporation, by the name of the President, Di- 
rectors and Company of the Grand Bank, and shall so continue 
until the first day of October, which shall be in the year of our 
Lord one thousand eight hundred and fifty-one. And said cor- 
poration 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 Februaiy, 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, en- 
titled " an act to continue the banking corporations therein named, 
and for other purposes." 

Sect. 2. Be it further enacted, That the capital stock of 
said corporation shall consist of the sum of one hundred thous- 
and dollars, to be divided into shares of one hundred dollars 
each, to be paid in such instalments, and at such times, as the 
stockholders may direct : provided, the whole be paid within 
one year from the passing of this act. ' 

Sect. 3. Be it further enacted. That the said bank shall be 
estabhshed in the town of Marblehead, and that any one of the 
persons before named shall be authorized to call the first meeting 
of said corporation, by advertising the same in any newspaper 



1830. Chap. 118—121. % 

printed in the town of Salem, ten days at least before said meet- 
ing. [March 18, 1831.] 

An Act to incorporate the President, Directors and Company of the Nantucket Bank. f^kffYt 1 1 Q 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority 
of the same, That Thomas Macy, Henry Swift, Gilbert Coffin, Persons incor- 
Matthew Crosby, Charles G. Coffin, Jared Coffin, Peter Ma- P*''^'^'*- 
cey, Christopher Wyer, Philip H. Folger, Franklin Macy, 
Peleg S. Folger, their associates, successors and assigns, shall 
be, and they hereby are created a corporation, by the name of 
the President, Directors and Company of the Nantucket Bank, 
and shall so continue until the first day of October, which shall 
be in the year of our Lord one thousand eight hundred and fifty- 
one. And said corporation shall be entitled to all the powers Powers and du. 
and privileges, and subject to all the duties, liabilities and re- *'es. 
quirements, 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 1828 ch. 96. 
banking," and the provisions of an act passed on the twenty- 
eighth day of February, in the year of our Lord one thousand 
eight hundred and thirty-one, entitled "an act to continue the issoch. 58. 
banking corporations therein named, and for other purposes." 

Sect. 2. Be it further enacted, That the capital stock of Capital stock, 
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 stockhold- 
ers may direct : provided, the whole be paid within one year 
from the passing of this act. 

Sect. 3. ^e it further enacted. That the said bank shall be Location, &c. 
established in the town of Nantucket, and that any one of the 
persons before named shall be authorized to call the first meeting 
of said corporation, by advertising the same in any newspaper 
printed in the town of Nantucket, ten days at least before said 
meeting. [March 18, 1831.] 

An Act in addition to an Act entitled " An Act establishing a Free Bridsre in the city ^J, ™„ 1 Q i 
of Boston." ^ '^ ^ C nap I J. I, 

Sect. 1. BE it enacted by the Senate and House of Rep- 1^25 ch. 147. 
resentatives, in General Court assembled, and by the authority 
of the same, That the city of Boston be, and hereby is author- City may build 
ized to construct and maintain such wharves or piers, on either wharves to pre- 

I f serve Drici£re 

or both sides of the free bridge mentioned in the act to which 
this is in addition, as shall be necessary for the preservation and 
safety of said bridge : provided, however, that the said wharves 
or piers shall not extend in width, from the sides of said bridge, 
more than twenty-five feet. 

Sect. 2. Be it further enacted, That, if any person shall Penalty for ma- 
wilfully do any injury or damage to said bridge, said wharves or &i°"^ *"J"'^y» 
piers, or shall disturb or hinder the said city in the occupation of 
said wharves or piers, for the purpose aforesaid, the person so 
offending shall forfeit and pay, for each offence, a penalty not 



76 



1830.- 



■Chap. 121—122. 



Wharves to be 
used for no oth- 
er purposes. 



Chapn2. 



Persons incor- 
porated. 



Powers and 
duties. 



1817 ch. 120. 



1819 ch. 141. 



Real estate. 



Capital stock, 



less than fifty dollars, nor more than one hundred dollars, to the 
use of the Commonwealth, to be recovered by indictment or in- 
formation, in any court of competent jurisdiction ; and such per- 
son so offending shall be further liable to answer in damages to 
the city of Boston : provided, that nothing in this act shall be 
construed as intended to impair or affect the lawful rights of any 
person whatsoever. 

Sect. 3. Be it further enacted, That whenever the wharves 
or piers erected, or which shall be erected, by the authority of 
this act, shall be used or improved for any other purpose or pur- 
poses than those herein specified, all right and authority to main- 
tain them shall cease, and be void. [March 18, 1831.] Add. 
act, 1831 ch. 46. 

An Act to incorporate the Tremonl Insurance Company. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same, That Nathaniel P. Russell, and his associates, and 
their successors and assigns, be, and they hereby are incorporated 
and made a body politic, by the name of the Tremont Insurance 
Company, with all the powers and privileges granted to insurance 
companies, and subject to all the restrictions, duties and obliga- 
tions contained in a law of this Commonwealth, entitled " an act 
to define the powers, duties and restrictions of insurance com- 
panies," passed on the sixteenth day of February, in the year of 
our Lord one thousand eight hundred and eighteen, and in a law 
of this Commonwealth, entitled " an act authorizing the several 
insurance companies of this Commonwealth to insure against fire," 
passed on the twenty-first day of February, in the year of our 
Lord one thousand eight hundred and twenty, for and during the 
term of twenty years after the passing of this act ; and by that 
name may sue and be sued, plead and be impleaded, 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, that said real estate shall not ex- 
ceed the value of fifty thousand dollars, excepting such as may 
be taken for debt, or held for collateral security for money due 
to said company. 

Sect. 2. Be it further enacted, That the capital stock of 
said company shall be two hundred thousand dollars, and shall be 
divided into shares of one hundred dollars each, one hundred 
thousand dollars of which shall be paid in money, within sixty 
days after the first meeting of the said company, and the residue 
within one year from the passing of this act ; in such instalment 
or instalments, and under such provisions and penalties, as the 
president and directors of said company shall order and appoint ; 
and the capital stock shall not be transferred within one year from 
the passing of this act ; and if the provisions of this act shall not 
be complied with, within one year from the passing of this act, 
the same shall be void. 



1830. Chap. 122. 77 

Sect. 3. Be it further enacted^ That the stock, property Number and 
and concerns of said company shall be managed and conducted rectorT"'^'^' 
by nine directors, one of whom shall be president of the compa- 
ny, and they shall hold their offices until the next annual meeting 
alter their election, and until others are chosen in their stead, 
and they, at the time of their election, shall be interested in the 
stock 01 the company, and citizens 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, 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 stockholders present, allowing one 
vote to each share of the stock : provided, that no stockholder Right of voting. 
in his own right shall be entitled to more than thirty votes, and 
absent stockholders may vote by proxy. 

Sect. 4. Be it further enacted. That the directors, as soon President, 
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 until the next annual meet- 
ing, and until another president shall be chosen ; and in case of 
the death, resignation, or inability to serve of the president, or 
any director, such vacancy or vacancies shall be filled for the 
remainder of the year in which they happen, by a special election 
for that purpose, to be held, in the same manner as herein before 
directed, respecting the annual election of directors. 

Sect. 5. Be it further enacted, That the president and Board for domg 
four of the directors, or five directors in the absence of the pres- 
ident, shall be a board competent to transact all the business 
which is referred to them, and all questions before them shall be 
decided by a majority of votes, and they shall have power to 
make and alter such by-laws as to them may appear useful for the 
management and disposition of the property and concerns of the 
company : provided, that the same be not repugnant to the con- 
stitution and laws of the Commonwealth. And said directors 
may appoint all officers and agents that, in their opinion, the 
affairs of the company may require, and prescribe their duties, 
and fix their compensation, invest and manage the capital and 
income of the company, pay losses, declare and pay dividends, 
and do all things which the company might lawfully do, except- 
ing as is otherwise herein provided. 

Sect. 6. Be it further enacted, That the said Nathaniel P. First meeting. 
Russell be, and he is hereby authorized, as soon as may be con- 
venient after the passing of this act, to call the first meeting of 
said company, for the purpose of organizing the corporation, and 
choosing directors, by advertising notice of the time and place of 
the meeting, in two of the newspapers printed in Boston, at least 
two weeks previous to the meeting. 

Sect. 7. Be it further enacted. That said company shall Limitation of 
not take any risk, or subscribe any policy, until one half of their "^ 



n 



1830.- 



■Chap. 122—123. 



Location. 



Chapl2S. 



Persons incor- 
porated. 



Real and per- 
sonal estate. 



Assessments.' 



Sale of delin- 
quents' shares. 



Annual meeting 
and election of 
officers. 



capital shall be paid in ; and they shall at no time take any one 
risk, by way of a policy of insurance, maritime loan or bottomry, 
or otherwise, to a greater amount than ten per cent, on their 
capital actually paid in. 

Sect. 8. Be it further enacted, That said company shall 
be located in Boston, and shall be liable to be taxed by any gen- 
eral law providing for the taxation of all similar corporations that 
are by law liable to be taxed. [March 18, 1831.] 

An Act to incorporate the Proprietors of the South Congregational Meeting-house in 
Lowell. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That John R. Adams, Oliver M. Whipple and James 
G. Carney, 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 hereby are made a 
body politic and corporate, by the name of the Proprietors of the 
South Congregational Meeting-house in Lowell, and by that name 
may sue and be sued, and may have a common seal, and may 
make and establish such by-laws and regulations as to them may 
seem necessary and convenient for the government of said corpo- 
ration. 

Sect. 2. Be it further enacted. That the said corporation 
may purchase and hold real and personal estate, the annual in- 
come of which, exclusive of the meeting-house and land under 
the same, shall not exceed one thousand dollars, and shall divide 
their estate into shares, the number of which shall not be less 
than one hundred, nor more than two hundred, and may make 
and impose all necessary assessments on such shares : provided, 
that the amount of all such assessments shall never exceed the 
sum of fifty dollars on each share. 

Sect. 3. Be it further enacted. That whenever any propri- 
etor shall neglect or refuse to pay any assessment, legally made 
upon his share or shares, to the treasurer of said corporation, 
within sixty days after the same shall be made payable, the said 
treasurer, being thereto directed by the trustees herein after di- 
rected to be chosen, may sell at public vendue the share or shares 
of such delinquent proprietor, after posting up notice of the time, 
place and cause of 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 ten days previous to such sale, and 
upon such sale to execute deed or deeds thereof, to the purchaser 
or purchasers ; or the said treasurer may, by direction of said 
trustees, in his own name, sue and prosecute to final judgment 
and execution any such delinquent proprietor, for any tax or as- 
sessment due and payable on any share or shares of such delin- 
quent proprietor. 

Sect. 4. Be it further enacted, That there shall be an an- 
nual meeting of said proprietors on the second Monday in April, 
at which they shall elect, by ballot, a president, clerk, treasurer, 
collector, and five trustees, of whom the president shall be one ; 



1830. Chap. 123—132. 79 

and the treasurer, clerk and collector shall be sworn to the faith- 
ful discharge of their respective trusts ; and, at such meeting, 
each proprietor, or his agent duly authorized in writing, shall be , 

entitled to one vote for each share by h'nn held and owned. 

Sect. 5. Be it further enacted, That it shall be the duty of Clerk to keep a 
the clerk of said corporation to keep a record of all the proceed- eeecHn^^ ^'^**" 
ings of said corporation, and of all shares and transfers of shares 
therein, and to grant certificates thereof to the proprietors, and 
the shares may be transferred under the hand and seal of the 
corporation, on the back of such certificate. 

8ect. 6. Be it further enacted, That John R. Adams be, First meeting, 
and he hereby is authorized to issue his warrant to some one of 
said proprietors, for the purpose of calling the first meeting, to 
elect ofScers and organize said corporation, at such convenient 
place as he shall direct, at which meeting said proprietors may 
agree upon the manner of calling and notifying future meetings. 

Sect. 7. Be it further enacted, That this act may be amend- Le^siative 
ed or repealed at the pleasure of the Legislature. [March 18, <=°""'o'- 
1831.] 

An Act for investing the money received on account of tlie Massachusetts Claim for Cfinjj \ 26 
Militia Services. -* 

BE 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 duty of the treasurer and receiver general of Money, how to 
this Commonweallh, with the consent of his excellency the gov- ^^ '"^este . 
ernor, to invest any sum or sums of money, which have been or 
may be received by this Commonwealth, on account of any 
claims against the United States for militia services, the amount 
due to the state of Maine being first deducted, in the stock of 
any bank or banks within this Commonwealth, by subscription to 
the capital stock, or otherwise, or in any stock of the United 
States, unless any bank, which may be so required to issue stock, 
shall prefer to receive the amount on loan, and pay therefor at 
and after the rate of not less than five per cent, per annum, pay- 
able semi-annually, such loan to be repaid at such time as may 
be agreed between the said treasurer and receiver general, by the 
consent of his excellency the governor as aforesaid, and the said 
corporations. And such bank shall issue certificates therefor, in 
such form and in such sums as shall be directed by the said treas- 
urer and receiver general, which certificates shall be transferable 
at such time and in such manner as the Legislature shall hereafter 
direct. And any bank, receiving any sum or loan as aforesaid, Banks may re- 
shall be allowed to reloan it, in the same manner as if it formed '"an the same. 
a part of the capital stock of such bank. [March 19, 1831.] 

An Act to continue the corporation of the President, Directors and Company of the /^hnrt 1 '^'^ 
Millbury Bank. ^ ^ (^flUp lOZ. 

BE it enacted by the Senate and House of Representatives, in ^^"^ ''^' *^" 
General Court assembled, and by the authority of the same. 
That the President, Directors and Company of the Millbury Corporation 
Bank, in Millbury, capital stock one hundred 'thousand dollars, <=°""""^''- 



80 



1830.- 



-Chap. 132—134. 



1828 ch. 96. 



1830 ch. 58. 



be, and they hereby are continued a corporation, for the purpo- 
ses of banking, until the first day of October, which will be in the 
year of our Lord one thousand eight hundred and fifty-one, not- 
withstanding any limitation in their charter of incorporation to the 
Powers and du- 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 Febru- 
ary, in the year of our Lord one thousand eight hundred and 
twenty-nine, entitled "an act to regulate banks and banking, "and 
the provisions of an act passed the twenty-eighth day of Febru- 
ary, in the year of our Lord one thousand eight hundred and 
thirty-one, entitled " an act to continue the banking corporations 
therein named, and for other purposes." [JWarch 19, 1831.] 

ChcLX) 133. ^^ ^^"^ *° incorporate the President, Directors and Company of the Merchants Bank 
-* in Boston. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That William Eager, John Brown, Edward D. Clark, 
John B. Jones, Mark Healey, their associates, successors and 
assigns, shall be, and they hereby are created a corporation, by 
the name of " The President, Directors, and Company of the 
Merchants Bank," and shall so continue until the first day of 
October, which shall be in the year of our Lord one thousand 
eight hundred and fifty-one, and shall be entitled to all the pow- 
ers and privileges, and subject to all the duties, liabilities and re- 
quirements, contained in an act passed on the twenty-eight day 
of February, in the year our Lord one thousand eight hundred 
and twenty-nine, entided " an act to regulate banks and banking," 
and the further provisions contained in an act passed the twenty- 
eighth day of February, in the year of our Lord one thousand 
eiglit hundred and thirty-one, entitled "an act to continue the 
banking corporations therein named, and for other purposes." 

Sect. 2. Be it further enacted, That the capital stock of 
said corporation shall consist of the sum of five hundred thou- 
sand dollars, to be divided into shares of one hundred dollars 
each, to be paid in such instalments, and at such times, as the 
stockholders may direct : provided, the whole be paid within one 
year from the passing of this act. 

Sect. 3. Be it further enacted, That the said bank shall be 
established in the city of Boston, and that any one of the per- 
sons before named shall be authorized to call the first meeting of 
said corporation, by advertising the same in any newspaper pub- 
lished in the city of Boston, ten days at least before said meeting. 
[March 19, 1831.] Add. acts, 1832 ch. 68 : 1836 ch. 92. 



Persons incor- 
porated. 



Powers and 
duties. 



1828 ch. 96. 



1830 ch. 58. 



Capital stock. 

[Capital in- 
creased, 1832 
ch. 68 : 1836 
ch. 92.] 



Location. 



Chap\34>. 



Persons incor- 
porated. 



An Act to incorporate the Bowdoin Street Congregational Society. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority oj 
the same. That Bradford Sumner, Benjamin Fisk, Amos Farns- 
worth, Charles Tappan, Daniel Noyes, Alfred Richardson, Al- 
bert Hobart, Theodore Dexter, Norman Seaver, William W. 



1830. Chap. 134—136. 81 

Stone, Theophilus R. Marvin, Samuel H. Walley, Jr., and 
William G. Lambert, together with all those persons who are 
subscribers of stock, or who shall hereafter become proprietors 
of pews in the stone meeting-house now erecting in Bowdoin 
street, in the city of Boston, be, and hereby are incorporated as 
a religious society, by the name of the Bowdoin Street Congre- 
gational Society, with all the powers, privileges and immunities Powers and 
to which other religious societies in this Commonwealth are en- "''®^" 
titled, by the laws and the constitution thereof, and subject to all 
the duties and liabilities, to which other religious societies are 
subject. 

Sect. 2. Be it further enacted, That said society shall have Real and per- 
power in law to take, purchase and hold any estate, real, per- ^°"^' ^^^'^*®' 
sonal, or mixed, for the use of said society, and the same to sell, 
mortgage, or otherwise dispose of, as they may see fit : pro- 
vided, the income thereof, exclusive of their meeting-house and 
land under and adjoining it, shall not at any time exceed the sum 
of two thousand dollars per annum. 

Sect. 3. Be it further enacted, That the said society shall Assessments 

, , ^ , ' . , . . i upon pews. 

be empowered to assess upon the pews m then- meetmg-house, 
according to a valuation of said pews which shall be agreed upon 
by said society, all sums of money which shall hereafter be voted 
to be raised by the said society, for the support of public wor- 
ship and other parochial charges. And all assessments upon the 
pews as aforesaid may be collected in the manner provided by 
an "act authorizing the proprietors of churches, meeting-houses, 1817 ch. 189. 
and other houses of public worship, to regulate and manage their 
property and interests therein," passed the twenty -fourth day of 
February, in the year of our Lord one thousand eight hundred 
and eighteen. 

Sect. 4. Be it further enacted, That said society shall By-laws, 
have power to establish such regulations, rules and by-laws, for 
their government, and for the management of their affairs, as they 
may from time to time see fit. 

Sect. 5. Be it further enacted, That this act shall be Lepsiative con- 
subject to revision or repeal, at the pleasure of the Legislature. 
[March 19, 1831.] 

An Act to incorporate the Proprietors of the Tremont Mills. C^hnrt 1 S^ 

Sect. 1. BE, it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority of 
the same. That Amos Lawrence, Abbot Lawrence, William Persons incor- 
Pratt, Thomas B. Wales, George Hallet, David Sears, Wil- P"''*^^'^- 
liam Appleton, Benjamin R. Nichols, and their associates, suc- 
cessors and assigns, be, and they hereby are made a corporation 
by the name of the Proprietors of the Tremont Mills, for the 
purpose of manufacturing cotton and woollen goods in the town 
of Lowell, in the county of Middlesex; and for this purpose Powers and du- 
shall have all the powers and privileges, and be subject to all the *'^' 
duties and requirements, contained in an act passed the twenty- 
third day of February, in the year of our Lord one thousand eight 

VOL. VII. 11 



8S 



1830.. 



■Chap. 135—137. 



1829 ch. 53. 



Capital stock 
and real estate. 
[Increased 
1837 ch. 87.] 



Chap 137. 



Persons incor- 
porated. 



Deposits. 



Income of de- 
posits. 



Election of 
members. 



General powers. 



Place and time 
of meeting, &c. 



hundred and thirty, entitled " an act defining the general powers 
and duties of manufacturing corporations." 

Sect. 2. Be it further enacted, That the capital stock of 
said corporation shall not exceed the sum of five hundred thou- 
sand dollars, and that the said corporation may be lawfully seized 
and possessed of such real estate as may be necessary and con- 
venient for the purposes aforesaid, not exceeding the value of one 
hundred thousand dollars, exclusive of buildings and improve- 
ments that may be made thereon by said corporation. [JWarch 
19, 1831.] Add. act, 1837 ch. 87. 

An Act to incorporate the Dedham Institution for Savings. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same, That Jairus Ware, Enos Foord, Jonathan H. 
Cobb, George Dixon, Martin Spear, Martin Marsh, Nathaniel 
Guild, Francis Alden, Herman Mann, Jr., Theron Metcalf, 
George Ellis, Timothy P. Whitney, Alvan Lamson, Ebenezer 
Burgess, George Bird, Sylvester W. Talbot, Eliphalet F. Ma- 
son, Mason Richards, Jesse Daniel, Joseph Guild, Jeremy 
Stimson, Joseph A. Wilder, Joseph Morrill, and Calvin Guild, 
together with such other persons, as have associated, or may 
hereafter associate with them, be, and they hereby are constitut- 
ed a corporation by the name of the Dedham Institution for Sav- 
ings. 

Sect. 2. Be it further enacted, That said corporation shall 
be capable of receiving, from any person disposed to obtain and 
enjoy the advantages of said institution, any deposit or deposits 
of money, and to use and improve the same for the purposes, 
and according to the directions herein provided. 

Sect. 3. Be it further enacted. That all deposits of money 
received by said corporation, shall be, by them, used and im- 
proved to the best advantage, and the income and profits thereof 
shall be applied and divided among the persons making the said 
deposits, their executors, administrators or assigns in just propor- 
tion, and the principal of such deposits may be withdrawn, at 
such times, and in such manner, as said corporation shall direct 
and appoint. 

Sect. 4. Be it further enacted. That said corporation may, 
at any legal meeting, have power to elect, by ballot, any other 
persons as members of said corporation. 

Sect. 5. Be it further enacted, That the said corporation 
may have a common seal, which they may change at pleasure, 
that all deeds, grants, covenants and agreements, made by their 
treasurer, or any other person by their authority, shall be good 
and valid, and the said corporation shall, at all times, have power 
to sue, and may be sued, and defend, and.be held to answer by 
the name aforesaid. 

Sect. 6. Be it further enacted. That the said corpora- 
tion shall hereafter meet at Dedham some time in the month of 
May annually, and as much oftener as they may judge expedi- 
ent, and any seven members of said corporation, the president, 



1830. Chap. 137—138. 83 

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 
ofBce, and all such other officers as to them shall appear neces- 
sary, 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 repectively. 

Sect. 7. Be it further enacted, That said corporation may By-laws, 
make by-laws for the more orderly management of their business, 
provided the same be not repugnant to the constitution and laws 
of the Commonwealth ; and the Legislature may, at any time, 
make such further regulations for the government of said institu- 
tion as they may deem expedient. 

Sect. 8. Be it further enacted, That either of the persons Firsi Meeting. 
named in the first section of this act, may, by a public notifica- 
tion in the newspaper printed in Dedham, call the first meeting 
of said corporation, at such time and place as he shall judge 
proper. 

Sect. 9. Be it further enacted, That the Legislature may, Legislative con^ 
at any time hereafter, alter, amend, or repeal this act. [March "■°'- 
19, 1831.] 

An Act to repeal " An Act to incorporate the Trustees of the Theatrical Benevolent (^Ji(ir) | 38. 
Fund, in the city of Boston." " 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same. That the act, entitled "an act to incorporate the Act repealed, 
Trustees of the Theatrical Benevolent Fund in the city of Bos- '^*'- 
ton," passed on the twenty-fourth day of February, in the year 
of our Lord eighteen hundred and twenty-five, be, and the same 
is hereby repealed : provided, however, that nothing in this act 
contained shall be so construed, as to absolve the said corpora- 
tion, or any trustee, director, officer or member thereof, from 
any liability created by the act hereby repealed, except so far as 
is in this act provided. 

Sect. 2. Be it further enacted, That the trustees of said Trustees au- 
benevolent fund be, and they are hereby directed and authorized, [J^buTg ^^1,°/'^' 
after paying all debts of said corporation, to divide and distribute 
said fund between Elizabeth Powell, widow of the late Snelling 
Powell, deceased, and Charles Matthews, the two original and 
sole donors of said fund, or their respective legal representatives 
of said Elizabeth Powell and Charles Matthews, in proportion to 
the several amounts subscribed by said Elizabeth and Charles, 
respectively. 

Sect. 3. Be it further enacted, That said corporation shall Corporation to 
be continued a body corporate and politic, for the term of one continue for one 
year from and after the passing of this act, for the purpose of ^^^^' 
prosecuting and defending all suits which now are, or may here- 
after be instituted, and of enabling said body corporate and politic 



84 



1830.- 



-Chap. 138—141. 



to settle atid close its concerns, and divide its capital stock or 
funds as aforesaid, but for no other purpose. [March 19, 1831.] 



Chap 139. 

1828 ch. 126. 



An Act to extend the time in which the stockholders of the Cohannet Bank were al- 
lowed to complete the subscription to the capital stock of said bank. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 

Time extended. That the further time of six months, from the passing of this act, 
shall be allowed to the stockholders in the Cohannet Bank in 
Taunton, to complete the subscription for shares therein, any 
thing in the charter of said bank to the contrary notwithstanding. 
Provided, that the said stockholders shall be subject to all the 
restrictions and provisions contained in an act passed the twenty- 
eighth day of February, in the year of our Lord one thousand 

1830 ch. 58. eight hundred and thirty-one, entitled "an act to continue the 
banking corporations therein named, and for other purposes." 
[March 19, 1S31.] Add. act, 1836 ch. 110. 

ChttJ) 14j1 • -^^ -^^^ '° incorporate the President, Directors and Company of the Middlesex Bank. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same. That William Parmenter, Amos Binney, John K. 
Simpson, Edmund Munroe, Jesse Hall, Thomas Hastings, their 
associates, successors and assigns, shall be and they hereby are 
created a corporation, by the name of the President, Directors 
and Company of the Middlesex Bank, and shall so continue until 
the first day of October, which shall be in the year of our Lord 
one thousand eight hundred and fifty-one : and said corporation 
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 hundred and twenty-nine, entitled " an 
act to regulate banks and banking," and the provisions of an act 
passed on the twenty-eighth day of February, in the year of our 
Lord one thousand eight hundred and thirty-one, entitled "an 
act to continue the banking corporations therein named, and for 
other purposes." 

Sect. 2. Be it further enacted, That the capital stock of 
said corporation shall consist of the sum of one hundred and fifty 
thousand dollars, to be divided into shares of one hundred dollars 
each, to be paid in such instalments, and at such times, as the 
stockholders may direct : provided, the whole be paid within one 
year from the passing of this act. 
Location. Sect. 3. Be it further enacted, That the said bank shall be 

established in that section of the town of Cambridge called East 
Cambridge, and that any one of the persons before named shall 
be authorized to call the first meeting of said corporation, by ad- 
vertising the same in any newspaper printed in said Cambridge, 
or in any adjoining town or city, ten days at least before said 
meeting. [March 19, 1831.] 



Persons incor 
porated. 



Powers and du 
ties. 



1828 ch. 96. 



1830 ch. 58. 



Capital stock. 



1830. Chap. 142—143. 85 

An Act to increase the capital slock of the Bedford Commercial Bank, in New Bed- rjhnr) 1 4,2 

Sect. 1. BE it enacted by the Senate and House of Repre- J821 ch T' 
sentatives, in General Court assembled, and by the authority of 1830 ch. 58. 
the same, That the President, Directors and Company of the increase of cap- 
Bedford Commercial Bank, in New Bedford, be, and hereby are "a' stock, 
authorized and empowered to increase their present capital stock, 
by an addition of one hundred and fifty thousand dollars thereto, 
in shares of one hundred dollars each, which shall be paid in such 
instalments, and at such times, as the president and directors of 
said bank may direct and determine : provided, however, that the 
whole amount shall be paid in, on or before the first day of Octo- 
ber next. 

Sect. 2. Be it further enacted, That the additional stock The additional 
aforesaid shall be subject to the like tax, regulations, restrictions t^x*^ &Jf^'^ *** 
and provisions, to which the present capital stock of said corpo- 
ration is now subject, and, from and after the first Monday of 
October, in the year of our Lord one thousand eight hundred 
and thirty-one, shall be subject to the provisions of an act entided 
"an act to regulate banks and banking," passed on the twenty- i828ch. 96. 
eighth day of February, in the year of our Lord one thousand 
eight hundred and twenty-nine, and an act entided "an act to lesoch. 58. 
continue the banking corporations therein named, and for other 
purposes," passed on the twenty-eighth day of February, eigh- 
teen hundred thirty-one. [March 19, 1831.] 

An Act to incorporate the President, Directors and Company of the Rail-road Bank, (^hfiyi 1 hf\ 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That Ebenezer Appleton, Ebenezer Chadwick, John Persons incor- 
P. Robinson, William Lawrence, Kirk Boott and Lemuel Pope, P^i'ated. 
their associates, successors and assigns, shall be, and they here- 
by are created a corporation, by the name of the President, Di- 
rectors and Company of the Rail-road Bank, and shall so con- 
tinue until the first day of October, which shall be in the year of 
our Lord one thousand eight hundred and fifty-one, and shall be Powers and du- 
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 hundred and twenty-nine, entitled "an act to reg- 1828 ch. 96. 
ulate banks and banking," and the further provisions contained 
in an act passed the twenty-eighth day of February, in the year 
of our Lord one thousand eight hundred and thirty-one, entitled 
" an act to continue the banking corporations therein named, and issoch. 58. 
for other purposes." 

Sect. 2. Be it further enacted, That the capital stock of Capital stock, 
said corporation shall consist of the sum of two hundred thous- [increased 1832 
and dollars, to be divided into shares of one hundred dollars ch.70: 1834 ch. 
each, to be paid in such instalments, and at such times, as the ' '^ ' '•' 
stockholders may direct : provided, the whole be paid in within 
one year from the passing of this act. 



86 



1830.- 



■Chap. 143—146. 



First meeting 



C/i«pl44. 



Persons incor- 
porated. 



Powers and du- 
ties. 



1828 ch. 96. 



1830 ch. 58. 



Capital slock. 



Location. 



Chap 14.6. 

1781 ch. 15. 
1788 ch. 49. 
1802 ch. 123. 



Repeal. 



Sect. 3, Be it further enacted, That the said bank shall 
be established in Lowell, and that any one of the persons before 
named shall be authorized to call the first meeting of said corpo- 
ration, by advertising the same in any newspaper published in Low- 
ell, ten days at least before said meeting. [March 19, 1831.] 
Add. acts, 1832 ch. 70 : 1834 ch. 80 : 1836 ch. 95. 

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

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That William Appleton, Abbot Lawrence, Henry 
Cabot, Ebenezer Francis and John Bryant, their associates, suc- 
cessors and assigns, shall be, and they hereby are created a cor- 
poration, by the name of the President, Directors and Company 
of the Hamilton Bank, and shall so continue until the first day of 
October, which shall be in the year of our Lord one thousand 
eight hundred and fifty-one, and shall be entitled to all the pow- 
ers and privileges, and subject to all the duties, liabilities and re- 
quirements, 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, entided " an act to regulate banks and 
banking," and the further provisions contained in an act passed 
the twenty-eighth day of February, in the year of our Lord one 
thousand eight hundred and thirty-one, entitled " an act to con- 
tinue the banking corporations therein named, and for other pur- 
poses." 

Sect. 2. Be it further enacted. That the capital stock of 
said corporation shall consist of the sum of five hundred thous- 
and dollars, to be divided into shares of one hundred dollars 
each, to be paid in such instalments, and at such times, as the 
stockholders may direct : provided, the whole be paid within one 
year from the passing of this act. 

Sect. 3. Be it further enacted, That the said bank shall 
be established in the city of Boston, and that any one of the 
persons before named shall be authorized to call the first meeting 
of said corporation, by advertising the same in any newspaper 
published in the city of Boston, ten days at least before said 
meeting. [March 19, 1831.] 

An Act in addition to an Act entitled " An Act in addition to an Act entitled an Act 
to incorporate certain Physicians by the name of the Massachusetts Medical So- 
ciety." 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same^ That so much of the fourth section of an act pass- 
ed on the eighth day of March, in the year of our Lord one 
thousand eight hundred and three, entitled " an act in addition to 
an act entided an act to incorporate certain physicians by the 
name of the Massachusetts Medical Society," as requires that 
those who are authorized to claim admisssion into said society, 
shall have first passed at least three years in approved practice of 
medicine and surgery, and so much of the same section as enti- 



1830. Chap. 146—149. 87 

ties licentiates of the said society, and bachelors of medicine at 
Harvard University, to the use of the libraries of the society, 
be, and the same are hereby repealed, the residue of said section 
remaining in full force. 

Sect. 2. Be it further enacted, That the treasurer, for the Treasurer may 
time being, of the said Massachusetts Medical Society, is here- menlrorpTnal- 
by authorized to sue, in the name of said society, in an action of ties, 
debt before any court proper to try the issue, for such sums of 
money as may hereafter become due to said society from any 
person, being, or who has heretofore been, or who shall hereaf- 
ter become a fellow thereof, for the annual or other assessments 
of said society, or for penalties accruing under and by virtue of 
the by-laws and votes of said society, by declaring generally 
against the defendant as indebted to said society for the penalty 
accruing from the breach of any by-law thereof, or for a sum be- 
coming due by virtue of any legal vote of said society, (as the 
case may be) setting forth the substance only of such by-law or 
vote ; and the said society shall thereupon recover judgment for 
so much debt or damage as they shall prove to be due and no 
more. [March 19, 1831.] 

An Act to annex a part of the town of Paxton to the town of Holden, in the county of ^IHip I 4o. 
VVorcesler. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same. 
That a tract of land, situate in Paxton, belonging to Hezekiah Land setoff. 
Bent, of the following description, beginning at the south east 
corner of said land by a townway, at a stone monument at a cor- 
ner of Paxton and Holden, thence northwardly twenty-four rods 
and nine links, by Holden Line to a stone monument, thence 
westwardly ten rods to a heap of stones at a corner of David 
Boynton's land, thence a southeasterly course twenty-seven rods 
to the bounds first mentioned, containing one hundred and thirty- 
five rods, be, and the same is hereby set off from the town of 
Paxton, and annexed to the town of Holden : provided, how- Proviso. 
ever, that said land shall be holden to pay all taxes heretofore 
assessed upon it, the same as if this act had not been passed. 
[March 19, 1831.] 

An Act to continue the corporation of the President, Directors and Company of ihe L/llttp 14y. 
Sunderland Bank. 1824 ch. 148. 

Sect. 1. BE it enacted by the Senate and House of Rep- ^°^ *^'^- ^^^• 
resentatives, in General Court assembled, and by the authority 
of the same, That the President, Directors and Company of the corporation of 
Sunderland Bank in Sunderland, capital stock one hundred thou- |""^^J^^";^ 
sand dollars, be, and they hereby are continued a corporation, mjed. 
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 [Name and lo. 
fifty-one, notwithstanding any limitation in their charter of incor- issTck Tgj^'^' 
poration to the contrary ; and said corporation shall be entitled to Powers and du- 
all the powers and privileges, and subject to all the duties, liabi- "®®- 
lities and requirements, provided in an act passed the twenty- 



88 



1831.. 



-Chap. 1. 



1828 ch. 96. 



1830 ch. 58. 



Capital stock 
to be made up. 



Chap. 1. 



Persons incor- 
porated. 



Privileges and 
duties. 

1817 ch. 120. 



Real estate. 



Capita] stock, 



Proviso. 



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," 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, entitled " an act to continue the 
banking corporations therein named, and for other purposes." 

Sect. 2. Be it further enacted, That, on or before the first 
Monday of June next, the president, directors and company of 
the Sunderland Bank shall cause the stock of said bank to be 
made up to the full amount of one hundred thousand dollars, and 
the directors and cashier shall certify the same under oath to the 
secretary of the Commonwealth, as soon as said stock shall have 
been made up as aforesaid, and, in case such certificate shall not 
be returned as aforesaid, this act shall be void. [March 19, 
1831.] Add. act, 1831 ch. 19. 

An Act to incorporate the Commercial Insurance Company in Nantucket. 

Sect. I. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same, That Christopher Mitchell, Frederic W. Mitchell, 
David Baxter, Martin T. Morton, Philip H. Folger, Jared Cof- 
fin, John W. Barrett, Gorham Coffin, Henry Swift, Daniel 
Jones, and their successors, associates and assigns, be, and they 
hereby are incorporated and made a body politic, by the name of 
the Commercial Insurance Company, to be located in Nantucket, 
for the purpose of making maritime loans and insurance against 
maritime losses 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 re- 
strictions of insurance companies," passed on the sixteenth day 
of February, in the year of our Lord one thousand eight hundred 
and eighteen, for and during the term of twenty years from and 
after the passing of this act, and by that name may sue and be 
sued, plead, and be impleaded, appear, prosecute and defend to 
final judgment and execution, and may have a common seal, which 
they may alter at pleasure, and may purchase, hold, and convey any 
estate, real or personal, for the use of said company : provided, 
the said real estate shall not exceed the value of ten thousand dol- 
lars, excepting such as may be taken for debt, or held as collat- 
eral security for money due to said company. 

Sect. 2. Be it further enacted, That the capital stock of 
said company, exclusive of premium notes and profits arising 
from business, shall be seventy-five thousand dollars, and shall be 
divided into shares of one hundred dollars each : and fifty per 
centum thereof shall be paid in money, within sixty days after 
public notice given by the president and directors chosen by the 
stockholders, and published in the Nantucket Inquirer, namely, 
twenty-five per centum of said capital stock 'in thirty days after 
such notice, and twenty-five per centum in thirty days more, and 
the residue in such instalments, and under such penalties as the 
president and directors shall order and appoint : provided, that 



1831. Chap. 1. 89 

said residue shall be paid within one year from the first meeting 
of the company. 

Sect. 3. Be it further enacted, That the stock, property, Number and 
affairs and concerns of the said company shall be managed and ^J^tirT^'^'^'" 
conducted by nine directors, one of whom shall be president 
thereof, who shall hold their office for one year, and until others 
are chosen, and no longer ; and who shall, at the time of their 
election, be stockholders in said company, and citizens of this 
Commonwealth ; and shall be elected on the second Monday of 
January, in each and every year, at such time of the day, and in 
such place in Nantucket, as a majority of the directors for the time 
being may appoint, of which election, public notice shall be given 
in some newspaper printed in Nantucket, ten days at least previ- 
ous to the meeting, and the election shall be made by ballot, by 
a majority of the stockholders present, allowing one vote to each Right of voting, 
share in the capital stock : provided, that no stockholder shall be 
allowed more than ten votes, and absent stockholders may vote 
by proxy, under such regulations as said company shall pre- 
scribe. And if, through any unavoidable accident, the said di- 
rectors should not be chosen on the second Monday of January, 
as aforesaid, it shall be lawful to choose them on any other day, 
in the manner herein provided. 

Sect. 4. Be it further enacted, That the directors, when President, 
chosen, shall meet as soon as may be after every election, and 
shall choose out of their body one person to be president, who 
shall be sworn or affirmed to the faithful discharge of the duties 
of his office, and who shall preside for one year, and until another 
shall be chosen in his stead. 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 happen, by a special election for that purpose, to 
be held in the same manner as herein before directed, respecting 
annual elections of directors. 

Sect. 5. Be it further enacted, That the president, and Board for doing 
four of the directors, or five of them in his absence, shall be a ''"smess. 
board competent to the transaction of business, and all questions 
before them shall be decided by a majority of votes ; and they 
shall have power to make and prescribe such by-laws, rules and 
regulations as to them shall appear needful and proper, touching 
the management and disposition of the stock, 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 ser- 
vants for carrying on the business, and with such salaries and 
allowances to them and to the president, as to the said board 
shall seem meet : provided, such by-laws and regulations shall 
not be repugnant to the constitution and laws of this Common- 
wealth. 

Sect. 6. Be it further enacted, That any two or more of First meeting. 

VOL. VII. 12 



90 



1831.- 



■Chap. 1—3. 



Limitation of 

risks. 



Taxation. 



Chap. 2. 



Persons incor- 
porated. 



Powers and 
duties. 



1829 ch. 53. 



Real and per- 
sonal estate. 



Chap. 3. 



Persons incor- 
porated. 



Powers and 
duties. 

1829 ch. 63. 



the persons named in this act, are hereby authorized to call a 
meeting of said company, by advertising the same in any news- 
paper printed in Nantucket, in two successive papers, for the 
purpose of electing their first board of directors, who shall con- 
tinue in office till the second Monday of January next, and until 
others are chosen in their stead : provided^ however^ tlrat this 
charter shall be void, 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 ; and they shall at no time take any one 
risk, by way of a policy of insurance, maritime loan or bottomry, 
or otherwise, to a greater amount than ten per centum of their 
capital actually paid in. 

Sect. 7. Be it further enacted, That said company shall 
be liable to be taxed by any general law, providing for the taxa- 
tion of all similar corporations. [June 7, 1831.] Add. act, 
1832 ch. 2. 

An Act to incorporate the Beaman Manufacturing Company. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same, That Oliver Eldredge, Isaac Danforth, and Josiah 
Nickerson, together with such others as now are, or may here- 
after be associated with them, their successors or assigns, be, 
and they hereby are made a corporation, by the name of the 
Beaman Manufacturing Company, for the purpose of manufactur- 
ing cotton ^nd woollen goods, in the town of West Boylston ; 
and for this purpose shall have all the powers and privileges, and 
shall be subject to all the duties and requirements, prescribed 
and contained in an act, passed the twenty-third day of February, 
in the year of our Lord one thousand eight hundred and thirty, 
entided "an act defining the general powers and duties of manu- 
facturing corporations." 

Sect. 2. Be it further enacted, That the said Beaman 
Manufacturing Company may lawfully hold and possess such real 
estate, not exceeding the value of twenty-five thousand dollars, 
and such personal estate not exceeding the value of fifty thousand 
dollars, as may be necessary and convenient for carrying on the 
manufactures aforesaid. [Jime 7, 1831.] 

An Act to incorporate the Palmer Company. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same. That John S. Wright, Thomas Lord, and Luther 
Parks, their associates, successors and assigns, be, and they 
hereby are made a corporation, by the name of the Palmer 
Company, for the purpose of manufacturing woollen and cotton 
goods and machinery, in the town of Palmer, in the county of 
Hampden ; and for this purpose shall have all the powers and 
privileges, and be subject to all the duties and requirements, con- 
tained in an act entitled " an act defining the general powers and 



1831. Chap. 3—4. 91 

duties of manufacturing corporations," passed the twenty-third 
day of February, in the year of our Lord one thousand eight 
hundred and thirty. 

Sect. 2. Be it further enacted, That the said corporation Real and per- 
may be lawfully seized and possessed of such real estate not ex- ^°"^ estate, 
ceeding the value of two hundred thousand dollars, and such 
personal estate not exceeding the value of two hundred thousand 
dollars, as may be necessary and convenient for the purposes 
aforesaid. [June 7, 1831.] 

An Act to incorporate the Commercial Insurance Company. CHCLX), 4i. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives^ in General Court assembled, and by the authority 
of the same, That William J. Loring, and his associates, and Persons incor- 
their successors and assigns, be, and they hereby are incorporated ^°^^ ^ 
and made a body politic, by the name of the Commercial Insur- 
ance Company, with all the powers and privileges, and subject Powers and 
to all the restrictions, duties and obligations, contained in a law ^""es. 
of this Commonwealth, entitled "an act to define the powers, 1817 ch. 120. 
duties and restrictions of insurance companies," passed on the 
sixteenth day of February, in the year of our Lord one thousand 
eight hundred and eighteen, and in a law of this Commonwealth, 
entitled " an act authorizing the several insurance companies of 1819 ch. 141. 
this Commonwealth to insure against fire," passed on the twenty- 
first day of February, in the year of our Lord one thousand eight 
hundred and twenty, for and during the term of twenty years 
after the passage 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, that the said real estate shall not exceed the value of Real estate, 
fifty thousand dollars, excepting such as may be taken for debt, [increased 
or held as collateral security for money due to said company. '^^^ '^^' ^^^'^ 

Sect. 2. Be it further enacted. That the capital stock of Capital stock, 
said company shall be two hundred thousand dollars, and shall ^' 
be divided into shares of one hundred dollars each, one hundred 
thousand dollars of , which shall be paid in money within sixty 
days after the first meeting of the said company, and the remain- 
ing one hundred thousand dollars within one year from the pass- 
ing of this act, in such instalments, and under such penalties, as 
the president and directors of said company shall order and ap- 
point, and the capital stock shall not be transferred within one 
year from the passing of this act, and if the provisions of this act 
shall not have been complied with in one year from the passing 
of this act, the same shall be void. 

Sect. 3. Be it further enacted, That the stock, property Number and 
and concerns shall be managed and conducted by nine directors, rectors" '^'^ ^'' 
one of whom shall be the president of the company, and they 
shall hold their offices till the next annual meeting after their 
election, and until others are chosen in their stead, and they, at 



92 1831. Chap. 4. 

the time of their election, shall be interested in the stock of the 
company, and citizens of this Commonwealth, and 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 Octo- 
ber annually, as the directors for the time being shall appoint, of 
which meeting public notice shall be given in two of the newspa- 
pers printed in Boston, at least ten days previous to the meeting. 

Right of voiing. 'phg 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 shall be allowed more than thirty 
votes, and absent stockholders may vote by proxy, under such 
regulations as the said company shall prescribe ; and if, through 
accident, the said directors shall not be chosen at the annual 
meeting as aforesaid, it shall be lawful to choose them on any 
other day in the manner herein provided for the election of di- 
rectors. 

President. Sect. 4. Be it further enacted, That the directors, as soon 

as may be convenient after they shall be chosen, shall meet and 
elect one of their body to be the president of the company, who 
shall be sworn or affirmed to the faithful discharge of the duties 
of his office, and who shall preside till the next annual meeting, 
and until another president shall be chosen ; and in case of the 
death, resignation or inability to serve, of the president or any 
director, such vacancy or vacancies shall be filled for the remain- 
der of the year in which they happen, by a special election at a 
meeting of the stockholders to be called for that purpose, in the 
same manner as herein provided respecting annual elections of 
directors. 

Board for doing Sect. 5. Be it futrher enacted, That the president and 

business. f^yj. ^f ^j^g directors, or five of them, in his absence, shall be a 

board competent to the transaction of business ; and all questions 
before them shall be decided by a majority of votes, and they 
shall have power to make and alter such by-laws as to them 
may appear useful, touching the management and disposition 
of the property and concerns of the company, the transfer of the 
shares, the duties of the several officers employed, the election 
of directors, and all such matters as appertain to the business of 
insurance ; and said directors may appoint all officers and agents 
that, in their opinion, the affairs of the company may require, 
prescribe their duties and fix their compensation : provided, that 
such by-laws and regulations shall not be repugnant to the con- 
stitution and laws of this Commonwealth. 

First Meeting. Sect. 6, Be it further enacted. That the said William J. 
Loring be, and he hereby is authorized, as soon as shall be con- 
venient after the passing of this act, to call the first meeting of 
said company, for the purpose of organizing the corporation, and 
choosing directors, by advertising, in two -of the newspapers 
printed in Boston, notice of the time and place of meeting, at 
least two weeks previous to the meeting. 

Risks. Sect. 7. Be it further enacted. That said company shall 

not take any risk, or subscribe any policy, till one hundred thous- 



1831. Chap. 4—9. 03 

and dollars of their capital shall be paid in, and they shall at 
no time take any one risk, by way of a policy of insurance, mar- 
itime loan, or bottomry, or otherwise, to a greater amount than 
ten per cent, on their capital actually paid in. 

Sect. 8. Be it further enacted, That the Commercial Insur- Location. 
ance Company shall be located in Boston, and it shall be liable 
to be taxed by any general law providing for the taxation of all 
similar corporations that are by law liable to be taxed. 

Sect. 9. Be it further enaciec?. That the shares of said Transferor 
corporation shall be assignable and transferable, according to such shares, 
rules and regulations as the president and directors shall for that 
purpose ordain and establish, and not otherwise. [June 7, 
1831.] Add. act, 1833 ch. 214. 

An Act to incorporate the Lawrence Manufacturing- Company. ChcLT) D 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That William Appleton, Benjamin R. Nichols and Persons incor- 
Nathan Appleton, their associates, successors and assigns, be, P*'''^'^ • 
and they hereby are made a corporation, by the name of the 
Lawrence Manufacturing Company, for the purpose of manufac- 
turing cotton and woollen goods in the town of Lowell, and 
county of Middlesex, and for this purpose shall have all the Powers and du- 
powers and privileges, and be subject to all the duties and re- ^'^^" 
quirements, contained in an act passed 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 du- i829ch. 53. 
ties of manufacturing corporations." 

Sect. 2. Be it further enacted, That the capital stock of Capital stock 
said corporation shall not exceed the sum of twelve bundled ^"'^ '^^^ ®^^^'^' 
thousand dollars, and that the said corporation may be lawfully [Capital in- 
seized and possessed of such real estate as may be necessary cn;asedi836ch. 
and convenient for the purposes aforesaid, not exceeding the 
value of one hundred and fifty thousand dollars, exclusive of 
buildings and improvements that may be made thereon by the 
said corporation. \^June 7, 1831.] Add. act, 1836 ch. 14. 

An Act in addition to an Act, entitled " An Act incorporating the Hingham Mutual f^hrin 7 
Fire Insurance Company." 'UflllJJ- I . 

BE it enacted by the Senate and House of Representatives, |g!g ^^ l^- 
in General Court assembled, and by the authority of the same, 
That the Hingham Mutual Fire Insurance Company shall be. Authorized to 
and hereby are authorized to insure, for any term of time not i"^"'® property 
less trian one year, nor more than seven years, on any dwelhng- the Common- 
house or other building, and on household furniture, in any part wealth, 
of this Commonwealth, to any amount not exceeding three quar- 
ters of the value of the property insured. [June 8, 1831.] 

An Act to incorporate the Mechanics Insurance Company in Nev? Bedford. Ch(W. 9. 

Sect. 1, BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same. That William R. Rodman, Gideon Howland, John Persons incor- 
Price, Ivory H. Bartlett, Thomas Mandell, Benjamin Rodman, porated. 



94 



1831.- 



■Chap. 9. 



1817 ch. 120. 



1819 cb. 141. 



Real estate. 



Capital stock. 



Silas Kempton, Jireh Swift, Joseph R. Shiverick, Charles 
Russell, with their associates, successors and assigns, be, and 
they hereby are incorporated into a company and body politic, 
by the name of the Mechanics Insurance Company in New Bed- 
Powers and du- ford, 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 companies," passed on the sixteenth 
day of February, in the year of our Lord one thousand eight 
hundred and eighteen, and in a law of this Commonwealth, enti- 
tled "an act authorizing the several insurance companies in this 
Commonwealth to insure against fire," passed on the twenty-first 
day of February, in the year of our Lord one thousand eight 
hundred and twenty, for and during the term of twenty years af- 
ter the passing of this act, and by that name may sue and be 
sued, plead and be impleaded, appear, prosecute and defend to 
final judgment and execution, and may have a common seal, 
which they may alter at pleasure, and may purchase, hold and 
convey any estate, real or personal, for the use of said compa- 
ny : provided, the said real estate shall not exceed the value of 
twelve thousand dollars, excepting such as maybe taken for debt, 
or held as collateral security for money due to said company. 

Sect. 2. Be it fmiher enacted. That the capital stock of 
said company shall be one hundred thousand dollars, and shall be 
divided into shares of one hundred dollars each, fifty thousand 
dollars of which shall be paid in money, within sixty days after 
the first meeting of the said company, and the residue within one 
year from the passing of this act, in such instalments, and under 
such penalties, as the president and directors shall in their dis- 
cretion direct and appoint. And the said capital stock shall not 
be sold or transferred, but shall be holden by the original sub- 
scribers thereto, for and during the term of one year after the 
said company shall go into operation. 

Sect. 3. Be it further enacted, That the stock, property, 
affairs and concerns of the said company, shall be managed and con- 
ducted by nine directors, one of whom shall be president there- 
of, who shall hold their offices for one year, and until others are 
chosen, and no longer, and who shall at the time of their elec- 
tion be stockholders in said company, and citizens of this Com- 
monwealih, and shall be elected on the first Monday in January 
in each and every year, at such time of the day, and such place 
in New Bedford, as a majority of the directors for the time be- 
ing shall appoint, of which election public notice shall be given 
in one or more newspapers, printed in New Bedford, ten days 
at least previous to the meeting, 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 ten votes, and absent 
stockholders may vote by proxy, under such regulations as said 
company shall prescribe. And if through any unavoidable acci- 
dent the said directors should not be chosen on the first Monday 



Number and 
election of di 
rectors. 



Right of voting. 



1831. Chap. 9. 9B 

of January as aforesaid, it shall be lawful to choose them on any- 
other day, in the manner herein provided. 

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

Sect. 5. Be it further enacted, That the president and Board for doing 
four of the directors, or five of them in his absence, shall be a 
board competent to the transaction of business, and all questions 
before them shall be decided by a majority of votes ; and they 
shall have power to make and prescribe such by-laws, rules and 
regulations as to them shall appear needful and proper, touching 
the management and disposition of the stock, 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 ser- 
vants for carrying on the business, and with such salaries and al- 
lowances to them, and to the president, as to the said board shall 
seem meet : provided, such by-laws and regulations shall not be 
repugnant to the constitution and laws of this Commonwealth. 

Sect. 6. Be it further enacted, That any two or more of First meeting, 
the persons named in this act are hereby authorized to call a 
meeting of said company, by advertising the same in any news- 
paper printed in New Bedford, for two successive weeks, for 
the purpose of electing their first board of directors, who shall 
continue in office till the first Monday of January next, and until 
others shall be chosen in their stead : provided, however, that 
this charter shall be void, 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 Risks, 
any risk, or subscribe any policy, by virtue of this act, until fifty 
thousand dollars of the capital stock of said company shall have 
been actually paid in, and they shall at no time take any one 
risk, by way of a policy of insurance, maritime loan or bottom- 
ry, or otherwise, to a greater amount than ten per cent, on their 
capital actually paid in. 

Sect. 7. Be it further enacted. That said insurance com- Location, 
pany shall be located and kept in the town of New Bedford, and 
it shall be liable to be taxed by any general law providing for the 
taxation of all similar corporations. [June 9, 1831.] 



96 



1831.- 



-Chap. 10. 



Chap. 10. 



Persons incor- 
porated. 



Capital stock. 

Assessments. 
1829 ch. 53. 



Real and per- 
sonal estate. 



May construct a 
canalvvith locks. 



First meeting. 



An Act to incorporate the Springfield Canal Company. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives^ in General Court assembled, and by the authority of 
the same, That Benjamin Day, James Brewer, Samuel Hen- 
shaw, Edmund D wight, Jonathan Dwight, Jr., Francis Stanton, 
Israel Thorndike, Harrison Gray Otis, Samuel A. Eliot, Wil- 
liam H. Eliot, George W. Lyman, James K. Mills, Gorham 
Brooks and George Bliss, and their associates, successors and 
assigns, be, and they hereby are constituted a body politic and 
corporate, by the name of the Springfield Canal Company ; and 
as such may sue and be sued, have a common seal, and alter and 
renew the same at pleasure ; may from time to time choose a 
clerk, treasurer, directors and other needful officers, may make 
rules and by-laws : provided, the same are not repugnant to the 
constitution or laws of this Commonwealth ; and generally may 
do and execute whatever by law shall appertain to bodies politic 
and corporate. 

Sect. 2. Be it further enacted. That the capital stock of 
said corporation shall not exceed three hundred thousand dollars, 
and the same may be divided into shares, and the said shares 
may be transferred in the manner prescribed by said corporation. 
And the said corporation shall have all the powers, in relation to 
assessments upon said shares, and the enforcement and collection 
thereof, which are contained in the fifth section of the act " de- 
fining the general powers and duties of manufacturing corpora- 
tions," passed the twenty-third day of February, in the year of 
our Lord one thousand eight hundred and thirty. 

Sect. 3. Be it further enacted. That said corporation shall 
have power to take and hold real estate, not exceeding in value 
the sum of one hundred thousand dollars, exclusive of such im- 
provements as may be made thereon, and personal estate, not 
exceeding in value the sum of two hundred thousand dollars ; and 
the said corporation may improve, sell or release their estates, as 
all other proprietors or owners of estates may lawfully do. 

Sect. 4. Be it further enacted. That said corporation shall 
have power to make and construct a canal, with locks, upon and 
through any estates which they may hereafter own, adjoining or 
near to Ciiickapee river, in Springfield, in the county of Plamp- 
den, and through and over any public highways or town ways, 
running through or adjoining such lands : provided, that when the 
same canal shall pass any such highway, or town way, the said 
corporation shall make and maintain, in good repair, a suitable 
bridge or bridges over the same. And the said corporation shall 
have power to take, own and improve any mills and water powers 
connected with their estates, to construct and sell machinery, and 
erect any building suitable therefor, and to construct, own and 
use any boats in the navigation of said canal and of said Chicka- 
pee river, or of the Connecticut river. 

Sect. 5. Be it further enacted, That any three of the per- 
sons named in this act, may call the first meeting of said corpo- 
ration, by giving notice of the time and place of meeting, in a 



1831. Chap. 10—11. 97 

newspaper printed in said Springfield, twenty days before the 
time of meeting. [June 9, 1831.] 

An Act to incorporate the Firemen's Insurance Company in the citj' of Boston. CJlCip, 11. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That John S. EUery, Ignatius Sargent, Thomas H. ^^^^^^ '"'=°'"' 
Perkins, H. G. Otis, Wilh'am Prescott, William Appleton, Jo- ^°^^^ ' 
seph Tilden, Samuel Appleton, Amos Lawrence, L. M. Sar- 
gent, Thomas C. Amory, James Barry, Jr., Elijah Clark, 
Edward G. Prescott, William G. Eaton, Henry Curtis, John 
Collamore, Jr., William Willett, and their associates, successors 
and assigns, be, and they hereby are incorporated into a company 
and body politic, by the name of the " Firemens' Insurance 
Company," with full power and authority 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 by that name may sue and be sued, 
plead and be impleaded, appear, prosecute and defend to final 
judgment and execution, and have a common seal, which they 
may alter at pleasure, and may purchase, hold and convey any 
estate, real or personal, for the use of said company : provided. Real estate, 
they shall not hold real estate exceeding the value of fifty thou- 
sand dollars, excepting such as may be taken for debt by said 
company, or held as collateral security for debts due to them. 

Sect. 2. Be it further enacted. That the capital stock of Capital stock, 
said company shall be three hundred thousand dollars, and shall ^" ^ ^^^^' 
be divided into shares of twenty-five dollars each, of which no 
stockholder shall have more than three hundred ; and fifty per 
centum of the capital stock shall be paid in money within sixty 
days from the first meeting of said company, and the residue also 
in money within two years from and after the first meeting of said 
company, in such instalments, and under such penalties, as the 
president and directors shall direct and appoint, and said stock 
shall be invested according to the laws of this Commonwealth 
regulating insurance stocks. 

Sect. 3. Be it further enacted, That the stock, property, Number and 
affairs and concerns of said company shall be managed and con- directors? 
ducted by twelve directors, one of whom shall be president there- 
of, who shall hold their offices for one year, and until others are 
chosen, and shall at the time of their election be stockholders of 
said company, and citizens of this Commonwealth, and shall be 
elected annually on the second Monday of July, at such time 
and place, in the city of Boston, as a majority of the directors 
for the time being may appoint, of which election public notice 
shall be given in any three of the newspapers printed in said city, 
ten days next preceding such election, and the election shall be 
made by ballot, by a majority of the votes of the stockholders 
present, allowing one vote to each share in the capital stock : but Right of voting, 
no stockholder shall vote at any election for directors, unless the 
share or shares, upon which he may claim to vote, shall have 

VOL. VII. 13 



98 1831. Chap. II. 

been standing in his name in the books of the corporation, for at 
least two months previous to such election : provided^ no stock- 
holder shall have more than one hundred and twenty votes, and 
absent stockholders 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 second Monday of 
July as aforesaid, it shall be lawful to choose them on another 
day in manner herein prescribed. 
Election of Sect. 4. Be it further enacted, That the directors so cho- 

other^officers. ^en shall meet as soon as may be after every election, and shall 
choose out of their number one person to be president, who shall 
be sworn faithfully to discharge the duties of his office during the 
period for which he is elected, and the said directors shall estab- 
lish such compensation for his services as to them shall seem fit ; 
and in case of the death, resignation, or inability to serve, of the 
president, or any director, such vacancy or vacancies shall be 
filled, for the remainder of the year in which they may happen, 
by a special election, at a meeting of the stockholders to be noti- 
fied and held as is herein before directed in case of annual elec- 
tions, and that the directors of said corporation, for the time 
being, seven of whom shall form a quorum, shall have power to 
appoint a secretary, and such clerks, agents, servants, and other 
ofiicers, as shall be necessary for the conducting and executing 
the business of the said corporation, and to allow the said persons 
so appointed such compensation for their services respectively, 
as they shall deem reasonable, and to take security from any of 
the said officers, for the faithful discharge of their duties. 
Board for doing Sect. 5. Be it farther enacted, That the president, and six 
business. ^f ^j^g directors, or seven of the directors in the absence of the 

president, shall be a board competent for the transaction of busi- 
ness, and all questions before them shall be decided by a majority 
of votes ; and they shall have power to make and prescribe such 
by-laws, rules and regulations, as to them shall appear needful 
and proper, in respect to the disposition and management of the 
stock, property, estate and effects of said company, and the 
transfer of shares therein, and the powers, duties and conduct of 
the several officers, clerks and servants employed in the service 
of the company, and the election of the directors, and the making 
of policies, and all such matters as appertain to the business 
of insurance : provided, such by-laws, rules and regulations be 
not repugnant to the constitution and laws of this Common- 
Insurance and wealth ; and they shall also have power and authority, in behalf 
limitation of of said Company, to make insurance on any property or building, 
against damage to the same by fire, originating in any cause ex- 
cept design in the assured, for such time, and on such conditions, 
and for such premiums, 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 cen- 
tum 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 



risks. 



1831. Chap. 11. 99 

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 company ; and all losses, duly arising under the policies so 
subscribed, may be adjusted and setded by the president and 
board of directors, or such agent as they shall authorize, and such 
adjustment shall be binding on said company. 

Sect. 6. Be it further enacted, That the said company shall Siiail not deal iu 

,. , . J- ^i I I X J • 1 • II- merchandize. 

not du'ectly nor mdu'ectly deal or trade in buying or selling any 
goods, wares, merchandize or commodities whatever. 

Sect. 7. Be it further enacted, That, once in each year, Statement of 
and oftener if required by a majority of the votes of the stock- ^^^'''s- 
holders, the directors shall lay before the stockholders, at a gen- 
eral meeting, an exact and particular statement of the profits, if 
any there be, after deducting losses, and dividends, and also of 
the losses which shall have happened, and of the property and 
affairs of the corporation ; and the president and directors of said 
company shall, when, and as often as required by the Legislature 
of this Commonwealth, lay before them a statement of the affairs 
of said company, and submit to an examination concerning the 
same under oath. 

Sect. 8. Be it further enacted, That it shall be the duty Dividends, 
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 appear to them adviseable, and annually to set aside 
one tenth part of the net income, over and above six per centum, 
to be appropriated to the use and benefit of the Boston fire de- 
partment, in such manner as they shall see fit ; but monies re- j 
ceived and notes taken for premiums of risks, which shall be 
undetermined and outstanding at the time of making any dividend, 
shall not be considered as part of the profits of said company : 
and in case of any loss, whereby the capital stock shall be les- 
sened, no subsequent dividend shall be made, until a sum equal 
to such diminution shall have been added to the capital. 

Sect. 9. Be it further enacted, That any three of the per- First meeting, 
sons named in the first section of this act, are hereby authorized 
to call a meeting of said company in Boston, by advertising the 
same for two weeks successively in any three newspapers printed 
in said Boston, for the purpose of electing the first board of direct- 
ors, who shall hold their offices until the second Monday in July, 
A. D., one thousand eight hundred and thirty-two, or until another 
board shall be chosen. 

Sect. 10. Be it further enacted, That the shares of the Transferor 
capital stock of the said corporation shall be assignable and trans- ^^^'■®®- 
ferable according to such rules and regulations, as the president 
and directors shall, for that purpose, ordain and establish, and 
not otherwise. 

Sect. 11. Be it further enacted. That the capital stock of stock not to be 
said insurance company, or any part of it, shall not be sold or ^oid^for one 
transferred during the term of one year after the charter shall be 
put in operation as aforesaid : and in case the same shall not be put 



100 



1831.- 



-Chap. 11—13. 



Location. 



Liability of 
president and 
directors. 



Chap. 12. 



Persons incor- 
porated. 



By-laws. 



Real and per- 
sonal estate. 



First meetinsr. 



Chap. 13. 



Persons incor- 
porated. 



in operation within one year from the passage of this act, the same 
shall be void. 

Sect. 12. Be it further enacted^ That said Firemens' In- 
surance Company shall be estabhshed in the city of Boston, and 
be liable to be taxed by any general law providing for the taxation 
of all similar corporations. 

Sect. 13. Be it further enacted^ That in case of any loss 
or losses taking place which shall be equal to the amount of the 
capital stock of said company, and the president and directors, 
after knowing of such loss or losses, shall subscribe to any policy 
of insurance, their estates, jointly and severally, shall be account- 
able for the amount of any and every loss which shall take place 
under policies thus subscribed. [June 10, 1831.] 

An Act to incorporate the Boston and Hingham Steam Boat Company. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That David Whiton, Luther J. Barnes, Rufus Lane, 
Henry Nye, Ensign Barnes, Rufus W. Lincoln, Charles Lane, 
Bela Whiton, Daniel Bassett, Nathaniel Whittemore, Thomas 
Loring, Nathan Rice, Leavitt Souther, and Moses L. Hum- 
phrey, their associates, successors and assigns, be, and they are 
hereby made a corporation and body politic, by the name of the 
Boston and Hingham Steam Boat Company, for the purpose of 
running a steam boat, and providing other accommodations con- 
nected therewith, for the convenience of the public travel between 
Boston and Hingham, and the towns adjacent thereto, with au- 
thority to sue and be sued, to choose such officers and to make such 
by-laws as the good management of said corporation nsay require : 
provided, the same are not repugnant to the constitution and laws 
of the Commonwealth. 

Sect. 2. Be it further enacted. That said company may 
lawfully purchase, hold and convey real estate in the town of 
Hingham, not exceeding the value of twenty thousand dollars, and 
personal estate not exceeding the value of forty thousand dollars. 

Sect. 3. Be it further enacted. That David Whiton is 
hereby authorized to call the first meeting of said company, by 
an advertisement in the Boston Courier, and Hingham Gazette, 
four days at least before the time of holding the same. [June 
10, 1831.] 

An Act to incorporate the Mechanic Hall Association. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of the 
same, That Daniel Messinger, Samuel T. Annstrong, Joseph 
T. Buckingham, John Cotton, Uriel Crocker, George Darri- 
cott, Ezra Dyer, Stephen Fairbanks, James McAllister, Benja- 
min Russell, John P. Thorndike, Charle§ Wells and Thomas 
Whitmarsh, of Boston, their associates, successors and assigns, 
be, and they hereby are constituted a body politic and corporate, 
by the name of Mechanic Hall Association ; and by that 
name may sue and be sued, defend and be defended in any court 



1831. Chap. 13—14. 101 

of record, or other place whatsoever, may have a common seal, 
and the same at pleasure may break, alter or renew ; and may 
make and ordain such by-laws, rules and regulations, as to them 
may seem necessary and convenient for the government of said 
corporation, and the prudent management of their property : pro- 
vided^ that such by-laws be not repugnant to the constitution and 
laws of this Commonwealth. 

Sect. 2. Be it further enacted, That the said corporation Real and per- 
raay be lawfully seized and possessed of such real and personal sonal estate, 
estate, not exceeding one hundred thousand dollars in value, as 
may be necessary and convenient for the purpose of erecting and 
maintaining, in the city of Boston, a public edifice, which may con- 
tain a large and convenient lecture room, a hall or halls suitable 
for the accommodation of public assemblies of the citizens, apart- 
ments suitable for a Mechanics' Library, or other public library 
or libraries, and for the exhibition of the productions of the man- 
ufacturing, mechanic and fine arts ; and for any other purposes 
not incompatible with the laws of the Commonwealth, and tend- 
ing to promote improvement in morals, arts and science. 

Sect. 3. Be it further enacted, That the capital stock of Capital stock to 
the company hereby incorporated, shall be divided into shares of ghares^"^^'* '"^° 
one hundred dollars each, which shares may be transferred, as 
personal property, at the pleasure of the owner, subject to such 
regulations in the mode of transfer as may be established by the 
by-laws of the corporation. 

Sect. 4. Be it further enacted, That any three of the per- First meeting, 
sons herein before named, may call the first meeting of the cor- 
poration, by advertising it in any one of the newspapers printed in 
the city of Boston, ten days at least before the time of the pro- 
posed meeting, at which meeting, or at any adjournment thereof, 
from time to time, to any period not exceeding seven days, they 
may enact by-laws, elect the necessary officers, and take all the 
measures expedient or necessary for carrying into complete ef- 
fect the purposes of their association. [June 10, 1831.] 

An Act to incorporate the President, Directors and Company of the Mechanics' Bank CyflCtp, 14'. 
in New Bedford. -* 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That Isaac Howland, John Price, William R. Rod- persons incor- 
man, Jonathan Howland, Edmund Gardner, Latham Cross, porated. 
Ephraim Kempton, David Coffin, George T. Baker, their asso- 
ciates, successors and assigns, be, and they are hereby created a 
corporation, by the name of the President, Directors and Com- 
pany of the Mechanics Bank, and shall so continue until the first 
day of October, which shall be in the year of our Lord one 
thousand eight hundred and fifty-one, and said corporation shall Powers and du- 
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 hundred and twenty-nine, entitled " an act to reg- 
ulate banks and banking," and the provisions of an act passed on c ■ • 



102 



1831.- 



■Chap. 14—15. 



1830 ch. 58. 



Capital slock. 



Location. 



Chap. 15. 



Persons incor- 
porated. 



By-laws. 



Property. 



Amount of 
tunds. 



the twenty-eighth day of February, in the year of our Lord one 
thousand eight hundred and thirty-one, entitled " an act to con- 
tinue the banking corporations therein named, and for other pur- 
poses." 

Sect. 2. Beit further enacted^ That the capital stock of 
said corporation shall consist of the sum of two hundred thou- 
sand dollars, to be divided into shares of one hundred dollars 
each, to be paid in such instalments, and at such times, as the 
stockholders may direct : provided the whole be paid within one 
year from the passing of this act. 

Sect. 3. Be it further enacted^ That the said bank shall be 
established in the town of New Bedford, and that any one of the 
persons herein named shall be authorized to call the first meet- 
ing of said corporation by advertising the same in any newspaper 
printed in the town of New Bedford, ten days at least before 
said meeting. [June 10, 1831.] 

An Act to incorporate Trustees of the First Parish in Dorchester. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives^ in General Court assembled, and by the authority of 
the same, That Ebenezer Clapp, Henry Gardner, and Samuel 
P. Loud, all of said Dorchester, be, and they are hereby consti- 
tuted a body corporate, with their associates and successors, by* 
the name of the Trustees of the First Parish in Dorchester. 

Sect. 2. Be it further enacted, That the said trustees and 
their associates and successors, may elect such officers, and make 
and ordain such by-laws and regulations as they may deem neces- 
sary for their own government, and the proper management of 
the funds committed to their care, not repugnant to the constitu- 
tion and laws of this Commonwealth. The number of such trus- 
tees shall not exceed five, nor be less than three, a majority of 
whom shall constitute a quorum for the transaction of business, 
and the number of such trustees shall be determined by said par- 
ish at a legal meeting assembled for that purpose. 

Sect. 3. Be it further enacted, That said trustees, their 
associates and successors, shall have power to take, hold and 
possess, all the property, now belonging to said parish, or which 
may hereafter accrue to the same by grant, donation or other- 
wise, both real and personal, in trust for the use and benefit of 
said parish, for the purpose of promoting and supporting the pub- 
lic worship of God, according to the established usages of said 
parish, and for other religious purposes consistent therewith. 
And all vacancies in said board of trustees, occurring by death, 
resignation or otherwise, shall be supplied by said parish in legal 
meeting assembled for that purpose : provided, however, that un- 
til such meeting shall be had, such vacancies may be filled by 
said board of trustees. 

Sect. 4. Be it further enacted. That all grants, devises or 
donations, made, or which hereafter may be made to said trus- 
tees in their said capacity, for the use and benefit of said parish, 
shall be valid to every intent and purpose. And said trustees 



1831. Chap. 15—19. 103 

may hold and possess funds consisting of real or personal estate 
of said parish, the annual income of which shall not exceed two 
thousand dollars : provided^ the same annual income be strictly 
applied to the objects contemplated by this act, and according 
to the directions of the donors. 

Sect. 5. Be it further enacted^ That Ebenezer Clapp, First meeting. 
before named, be, and he hereby is authorized to call the first 
meeting of said trustees, by giving to each of the other named 
trustees at least seven days previous notice of the time and place 
of holding the same. [June 10, 1831.] 

An Act in further addition to the several Acts regulating the Paving of Streets in (JflOJ). 1 7» 
Boston. i * 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
That the surveyors of highways of the city of Boston, whenever Surveyors of 
they shall iudo:e it expedient, may order any street of said city '"ohwaysmay 

I 1 • 1 11 1 • • r • 1 1 order any Street 

to be macadamized, and tlie several provisions ot an act entitled tobemacadam- 

" an act to regulate the paving of streets in the town of Boston, '^®*^- 

and for removing obstructions in the same," passed on the tvven- T^o'^^'fio v 

J J p T . , „ -f ^ I , , (v. 2. p. 338.) 

ty-second day ol J une, in the year ot our Lord one thousand seven 1804 ch. 73. 
hundred and ninety-nine, and of the several acts in addition i^bgchl^'^ 
thereto, shall be deemed and taken to apply to streets ordered to I8i6ch. 9o! 
be macadamized, as well as to streets ordered to be paved in 
said city, and the macadamizing of any of said streets shall, to all 
intents and purposes of said several acts, be deemed equivalent 
to the paving of the same, and shall create the same liabilities in 
all respects, under the said several acts, as would be created un- 
der them by the paving of such streets. [June 13, 1831.] Add. 
act, 1833 ch. 128. 

An Act in addition to an Act entitled " An Act incorporating certain persons into a f^hnv) "I ft 
Society, by the name of the Massachusetts Charitable Fire Society." y^nu^. i o. 

BE it enacted by the Senate and House of Representatives, in }1^\ ^p' 533 » 
General Court assembled, and by the authority of the same. That 
the Massachusetts Charitable Fire Society be, and they hereby Society author- 
are authorized to appropriate and dispose of such part of the oTpan ofTh°eir 
funds of said society to any other charitable purpose or purposes fu'if^.s '« o'her 
than those mentioned in their act of incorporation, and to such pose's.^'''^ '^"'^" 
benevolent institutions within this Commonwealth, as they may 
have already designated by their vote or votes, or shall hereafter 
from time to time deem fit and proper to designate, at any meet- 
ing duly called for such purpose : provided, that such appropria- 
tion shall not exceed twenty-five per centum of the whole capital 
stock of said society : and provided, also, it shall in no case af- 
fect the bequests of any individual who has bequeathed or may 
bequeath any legacy to said society. [June 13, 1831.] 

An Act to alter the location and change the name of the Sunderland Bank. C/lCtp. 1 i). 

Sect. 1. BE it enacted by the Senate and House of Repre- 1824 ch. 148. 
sentatives, in General Court assembled, and by the authority of Isso ch. m. 
the same. That, from and after the first day of October next, the Name and loca- 
president, directors and company of the Sunderland bank, may *'°" ^"®'^''- 



104 1831. Chap. 19—20. 

establish their banking house and do their banking business in 
Amherst, in the county of Hampshire, and the name of the said 
corporation shall thereafter be changed, and the same be known 
and called by the name and style of The President, Directors 
and Company of the Amherst Bank ; and from and after the said 
first day of October, the power of said corporation to transact 
their banking business in Sunderland shall cease. 
Liabilities. Sect. 2. Be it further enacted, That the said president, 

directors and company of the Amherst bank shall be subject to 
all the duties, liabilities and obligations of the said president, di- 
rectors and company of the Sunderland bank, as they shall exist 
on the said first day of October next, and the same shall be by 
them performed and assumed at their banking house in said Am- 
herst, any thing in the tenor of their bills, or other contracts and 
obligations, to the contrary notwithstanding : provided, that the 
present board of directors may continue in office until the next 
regular election of directors, although a majority of them may not 
be residents within the said county of Hampshire. [^June 13, 
1831.] 

ChcLlp, 20. ^^^ Act to incorporate the Proprietors of Tremont House. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 

pora"e"dV"'°" ^^^ ^""^^' ^^^^^^ Thomas H. Perkins, Andrew E. Belknap, Wil- 
liam H. Eliot, and Samuel A. Eliot, all of Boston, and their as- 
sociates, successors, and assigns, be, and they hereby are made 
and constituted a body politic and corporate, by the name of 
" The Proprietors of Tremont House," and by that name 
are made capable in law to sue and be sued, to plead and be im- 
pleaded, to have a common seal, and the same to alter and renew 
at pleasure, and generally to do and perform all acts incident to 
corporations, according to the laws of this Commonwealth, and 
the provisions, limitations and restrictions in this act contained. 

Real and per- Sect. 2. Be it further enacted, That the said corporation 
hereby created is hereby enabled and empowered to purchase and 
to hold as corporate property all that real estate situate in the city 
of Boston, at the corner of Beacon street and Tremont street, 
being the public hotel commonly called Tremont house, and 
the land under and belonging to the same, and also the household 
furniture, and other personal property now belonging to said es- 
tablishment, and also to purchase and hold such other real estate 
in the city of Boston as shall be necessary or convenient for sta- 
bles, bath-houses, or other offices connected with, or for the use 
of said hotel, and also such other personal property as they shall 
deem necessary or convenient : provided, always, that the real 
estate held by said corporation at any one time shall not exceed 
in value the sum of two hundred thousand dollars, over and above 
the value of the said real estate now occupied for the use of said 
hotel, but said corporation may sell or exchange any of the real 
estate so purchased by them : provided, also, that the books of 
said corporation shall be open to all persons having claims and 



sonal estate. 



1831. Chap. 20. 105 

demands on said corporation, and who shall have actually insti- 
tuted a suit against them. 

Sect. 3. Be it further enacted^ That it shall be lawful for Shares, 
the said corporation to divide their capital stock and property 
into any number of shares, not exceeding five thousand, of the 
value of one hundred dollars each. 

Sect. 4. Be it further enacted., That the shares in the 
stock of said corporation shall be personal estate, and that the ev- 
idence of proprietorship in said shares shall be a certificate 
signed by the president, and countersigned by the secretary, and 
bearing the common seal of the corporation, and shall be assign- Transfer of 
able by endorsement under the hand of the proprietor to whom the shares, 
same shall have been issued, and the title to any share or 
shares shall be vested in the assignee thereof, when the assigned 
certificate shall have been surrendered, and the transfer recorded 
by the secretary, and a new certificate shall thereupon be issued 
in manner aforesaid, to the assignee. 

Sect. 5. Be it further enacted., That the said proprietors. Election of di- 
at their first or any subsequent meeting, may choose such a num- othe^officers 
ber of directors as they shall think proper, and a secretary, treas- 
urer, and any other officer or officers, as said proprietors may think 
best, all which officers shall be chosen annually unless said pro- 
prietors shall otherwise order, and the directors shall choose one 
of their own number, who shall be president of the corporation ; 
and all officers so chosen shall hold their offices until others are 
chosen, unless said proprietors shall, at an annual meeting, vote 
to abolish or suspend any of the said offices, and the said propri- 
etors shall have power to prescribe the respective duties of the 
officers so chosen, and to make such by-laws and regulations for 
the government of the affairs of the corporation, as they shall 
think fit, not repugnant to law, and the secretary of said corpo- 
ration shall be sworn to the faithful discharge of his duty. The 
annual meeting of said proprietors for the choice of officers shall 
be held in the city of Boston, on such day in the month of Jan- 
uary, and at such place, as said proprietors may order, of which 
public notice shall be given by advertisement in two or more 
newspapers printed in Boston, ten days at least before the time 
of such meeting. 

Sect. 6. Be it further enacted., That in the election of Right of voting, 
officers, and all other questions that shall come before said pro- 
prietors, each proprietor shall be entitled to as many votes as he 
shall have shares, and absent proprietors may authorize any pro- 
prietor to appear and vote in their behalf, such authority appear- 
ing in writing filed with the recording officer of the meeting. 

Sect. 7. Beit further enacted., That said corporation shall Assessments. 
have power to assess on the several members thereof, from time 
to time, such sums of money as may be deemed necessary to ef- 
fect the objects of the corporation, not exceeding one hundred 
dollars in the whole on each share : provided., that two thirds in 
number, and interest of the proprietors, present at the meeting at 
which any assessment shall be voted, shall concur therein, and 

VOL. VII. 14 



106 



1831.- 



-Chap. 20—^ 



Proceedings in 
case of refusal 
to pay assess- 
ments. 



that no assessment shall be made, unless public notice shall be 
given of the time, place and purpose of said meeting, by adver- 
tisement in two or more newspapers printed in Boston, ten days 
at least before the time appointed therefor. 

Sect. 8. Be it further enacted, That after an assessment 
shall have been laid on the shares of said corporation, no assignee 
of any share shall be entitled to a certificate in his own name, 
until all assessments due on said share shall have been paid ; and 
said corporation shall have power, by such rules and regulations as 
they may establish, to provide for the sale at public auction of any 
share or shares whereon any assessment shall be due and unpaid, 
notwithstanding any assignment thereof by the delinquent pro- 
prietor. 

Sect. 9. Be it further enacted, That the shares of pro- 
prietors in said corporation shall be liable to be attached on mesne 
process, and taken and sold on execution to satisfy judgments re- 
covered against the proprietor or proprietors of such shares in the 
same manner as is by law provided in similar cases. 

Sect. 10. Be it further enacted, That the said William 
H. Eliot shall have authority to call the first meeting of said cor- 
poration, by advertising in any of the public newspapers printed 
in Boston, ten days at least before the time of meeting. [^June 
15, 1831.] 

An Act to incorporate the Methodist Episcopal Society of Piitsfield. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same, That James Foot, William Stevens, John Butler 
and Thomas A. Gaylord, with such others as may associate 
with them, and their successors, be, and they hereby are incor- 
porated into a society, by the name of the Methodist Episcopal 
Society in Pittsfield, with all the powers and privileges to which 
other religious societies are entitled by the constitution and laws 
of this Commonwealth. 

Sect. 2. Be it further enacted. That the first meeting of 
said society shall be convened by a warrant to be issued by any 
justice of the peace in the county of Berkshire, directed to any 
member of said society, requiring him to notify the members of 
said society to meet at such time and place as shall be designated 
in said warrant. [June 15, 1831.] 

ChctTJ. '2''2't ■'^" ^^^ ^^ authorize the President, Directors and Company of the Newburyport Bank 
-t * * to close its concerns. 

1814 ch 59' Sect. 1. BE it enacted by the Senate and House of Rep- 

„ . resentatives, in General Court assembled, and by the authority 

Cessation of . , ' rni i -r^ • i -!-»• i /-. r t 

banking com- oj the same, 1 hat the r'resident, JUn-ectors and Company oi the 
pany. Newburyport Bank shall, from and after the fifteenth day of June, 

in the year of our Lord eighteen hundred and thirty-one, cease 
to be a banking company, in the same manner, and to every in- 
tent and purpose, as if the act incorporating said company had 
expired by its own limitation. 

Sect. 2. Be it further enacted, That the president, directors 



Shares liable to 
be attached on 
mesne process. 



First meeting. 



Chap. 21, 



Persons incor- 
porated. 



First meeting. 



1831. Chap. 22. 107 

and company of said bank shall be continued a body corporate, Continuation of 
to enable them to settle and close their concerns, subject to the cUy^foTthree^^' 
obligations, and with the rights and privileges, belonging to them, years, 
except as is herein after provided, for the term of three years 
from and after the aforesaid fifteenth day of June and no longer ; 
for the sole purpose of enabhng said bank to close its concerns. 

Sect. 3. Be it further enacted, That the holders of the stockholders li- 
stock in said bank shall be chargeable in their private and indi- ment*of bill's!^' 
vidual capacities, and shall be holden for the payment and re- 
demption of all bills which may have been issued by said corpo- 
ration, remaining unpaid, in proportion to the stock they may 
respectively hold. 

Sect. 4. Be it further enacted.. That, from and after the Loans, 
fifteenth day of June aforesaid, it shall not be lawful for said bank, 
nor for any person acting in their behalf, in the capacity of presi- 
dent, directors, trustees, agents or otherwise, to make any new 
loan of any monies in behalf of said bank, nor to issue or put in 
circulation any bank bills, post notes, checks, or other securities 
for money for or on account of said bank, or of the stockholders, 
nor to contract any new debt or debts, except such as in the or- 
dinary course of business may be necessary for the salaries of 
their officers, and contingent expenses incident thereto, nor to 
receive any but special deposits, nor any notes for collection. 
Provided, always, that the said bank may, during the term afore- 
said, discount any notes, bonds or mortgages which may be pre- 
sented in lieu of notes, bonds or mortgages due, or growing due 
to them on the fifteenth day of June aforesaid, or which may be 
due or growing due to them before the fifteenth day of June, 
which will be in the year of our Lord eighteen hundred and thirty- 
four. 

Sect. 5. Be it further enacted, That it shall be, and hereby Concerns to be 
is declared to be the duty of the president and directors of said ^]°^f^^ '° ^ 
bank, from and after the fifteenth day of June aforesaid, to adopt 
all proper measures for bringing the concerns of said bank to a 
close as speedily as can be effected without manifest inconve- 
nience to the public ; and if the president and directors of said 
bank, or either of them, or any person or persons acting as agents 
or trustees, or otherwise in behalf of the stockholders of said 
bank, shall, after said fifteenth day of June, presume to make or 
consent to any new loan of monies, or to issue or put in circulation 
any bank bills, post notes, checks, or other securities, or [the] 
promises for the payment of money, for or on account of said 
stockholders respectively, or shall discount any notes, bonds or 
mortgages, except such as may be offered in lieu or renewal, in 
part, or in whole, of notes or other securities which may be then 
or afterwards due or growing due to said bank, or shall permit 
specie or cash to be deposited in the vaults of said bank, except 
such as may belong to the stockholders thereof, or shall receive 
any notes or securities for collection, except for monies due or 
growing due to said bank ; every person by whose procurement, 
privity, or consent, any such loan, issue of securities, discount, 



108 



1831.- 



-Chap. 22—23. 



Chap. 23. 

1794 ch. 18. 
(v. 1. p. 535.) 



Authorized to 
raise money by 
assessments on 
pews. . 



Duty of collec- 
tors. 



Sale of delin- 
quents' pews. 



deposit, or receipt of notes for collection, contrary to the true 
intent and meaning of this act, shall be permitted or done, shall 
forfeit and pay for each offence treble [the] value of all sums so 
loaned, issued, discounted, deposited, or left for collection, to be 
recovered before any court proper to try the same, one half to 
the use of the person informing, the other half to the use of the 
Commonwealth. [June 15, 1831.] 

An Act in addition to an Act to incorporate the First Congregational Society in 
Sutton. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That the First Congregational Society in Sutton be, 
and they hereby are authorized and empowered to raise by tax 
on the pews or parts of pews or seats in the meeting-house of 
said society, or on such portion of them as said society at a legal 
meeting thereof shall vote and determine to be taxed and assess- 
ed, such sum or sums of money as they shall agree upon and 
grant for the purpose of supporting and maintaining a public 
teacher or teachers of morality or religion, for repairs and altera- 
tions of their said meeting-house, and for all other purposes inci- 
dent to and connected with the objects of said society. 

Sect. 2. Be it further enacted. That it shall be the duty of 
the collector or collectors of said society, to give notice to the 
proprietor or proprietors of the pews or parts of pews, or seats 
in said meeting-house, by posting up at the entrance thereof, and 
at some other convenient public place in said town of Sutton, a 
notification, in writing, of the time and place he or they will meet 
the said proprietor'or proprietors, thirty days at least prior to the 
time of such meeting, together with a copy of the tax bill com- 
mitted to him or them to collect, to receive the tax or assessment 
made upon his or their respective pew or pews or parts thereof, 
or seats, for the purposes aforesaid ; and if any proprietor or 
proprietors as aforesaid shall fail to meet said collector or collec- 
tors, as aforesaid, and pay to him or them the tax or assessment 
made upon his or their pew or pews, or parts thereof, or seats as 
aforesaid, and shall neglect or refuse to pay the same to said col- 
lector or collectors, for the space of fourteen days after the time 
appointed for said meeting as aforesaid, such collector or collec- 
tors of said society are hereby authorized and empowered to sell 
at public vendue such delinquent proprietor or proprietors' pew 
or pews, or interest therein, or seat or seats, having first given 
public notice of the time and place of sale, by posting up notifica- 
tions thereof at two or more public places in said town of Sutton, 
four days at least before the time appointed for said sale, and 
make and execute a good and sufficient deed or deeds thereof, to 
the purchaser or purchasers of the same : provided, hoivever, that 
such sale or sales shall not be valid, nor the deed or deeds be 
given as aforesaid, unless said collector or collectors shall have 
first obtained the consent in writing of the prudential committee 
of said society to make such sale or sales as aforesaid. And in 
case the proceeds of the sale of such delinquent or delinquents' 



1831. Chap. 23—25. 109 

pew or pews, or parts thereof, or seat or seats, made as afore- 
said, shall not be sufficient to pay the whole amount of the sum 
assessed upon them as aforesaid, and all legal charges, such col- 
lector or collectors are authorized and empowered, and it is here- 
by made their duty to collect such deficiency, with all the ex- 
penses attending the same, out of other property of such delin- 
quent or delinquents, in the same manner as town, county or 
state taxes are collected. 

Sect. 3. Be it further enacted, That so much of the act to Repeal, 
which this is in addition, as is inconsistent with the provisions of 
this act, be, and the same is hereby repealed. [June 15, 1831.] 

An Act lo incorporate the President, Directors and Company of the Commercial f^hn'n 9A 
Bank iu the city of Boston. ^IIU^. ^^. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives^ in General Court assembled, and by the authority of 
the same, That Benjamin Fiske, John Brown, Newton Willey, Persons incor- 
Isaiah Bangs, Parker H. Pierce, Phineas Sprague, x\mmi C. P"""^'^''- 
Lombard, Ezra Weston, William Parker, Alfred Richardson 
and Aaron Everett, their associates, successors and assigns, shall 
be, and they hereby are created a corporation, by the name of 
the President, Directors and Company of the Commercial Bank 
in the city of Boston, and shall so continue until the first day of 
October, which shall be in the year of our Lord one thousand 
eight hundred and fifty-one, and shall be entitled to all the pow- Powers and 
ers 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 
hundred and twenty-nine, entitled "an act to regulate banks and 1828 ch. 96. 
banking," and the further provisions contained in an act, passed 
on the twenty-eighth day of February, in the year of our Lord 
one thousand eight hundred and thirty-one, entided "an act to issoch. 53. 
continue the banking corporations therein named, and for other 
purposes." 

Sect. 2. Be it further enacted, That the capital stock Capital stock, 
of said corporation shall consist of five 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 stockholders may 
direct : provided, that the whole be paid within one year from 
the passing of this act. 

Sect. 3. Be it further enacted, That the said bank shall be Location, 
established in the city of Boston, and that any one of the persons 
before named shall be authorized to call the first meeting of said 
corporation, by advertising the same in any newspaper published 
in the city of Boston, ten days at least before said meeting. 
[June 15, 1831.] 

An Act to alter and amend an Act entitled " An Act to incorporate the Charlestown f^hnrt 9fi 
Fire and Marine Insurance Company." 0/lWJ(/. ^>0. 

Sect. 1. BE it enacted by the Senate and House of Rep- i^^o ch. 8. 
resentatives, in General Court assembled, and by the authority 
of the same. That the corporation called and known by the Change of ioca- 
name of the Charlestoven Fire and Marine Insurance Company, *'°"- 



no 



1831.- 



■Chap. 25. 



Increase of cap 
ital stock. 



Mode of pay- 
ment of addi- 
tional capital. 



created by an act passed on the fifth day of June, in the year of 
our Lord one thousand eight hundred and thirty, be, and the 
same hereby is authorized and empowered to change the place 
estabhshed for the location of the said corporation, and that the 
said corporation be, on and after the twentieth day of June cur- 
rent, established in the city of Boston, and therein empowered 
to do and transact all business as a corporation, which, in and by 
said act, said corporation is now empowered to do at Charles- 
town in the county of Middlesex. 

Sect. 2. Be it further enacted, That the said corporation 
be, and it hereby is authorized and empowered to increase its 
capital stock, by adding thereto one hundred thousand dollars ; 
and that the number of shares be, and the same hereby are in- 
creased from one thousand to two thousand of one hundred dol- 
lars each. 

Sect. 3. Be it further enacted, That one half part of the 
additional capital hereby created and allowed shall be paid in, in like 
manner as is provided for in the original act of incorporation, within 
sixty days from and after the acceptance of this additional act, and 
that the residue of such additional capital shall be paid in, within one 
year from the passing of this act, at such times, and in such instal- 
ments, and under such penahies as the president and directors shall, 
in their discretion, direct and appoint ; and the said corporation shall 
proceed to do business on the additional capital according to the 
amount of capital stock actually paid in, and with the like limita- 
tions as are provided for in the said original act ; and that, when 
the additional capital is all paid in, the same shall be held, invest- 
ed and used in like manner, as is provided for in respect to the 
original capital stock, and, as though said original capital stock 
had been two hundred thousand dollars, instead of one hundred 
thousand dollars. 
Name changed. Sect. 4. Be it further enacted, That the said corpora- 
tion shall assume, take and use the name of the Neptune Insur- 
ance Company in the city of Boston, and that all contracts, du- 
ties and liabilities whatsoever shall be binding upon and be per- 
formed by the said corporation, by the aforesaid name of the 
Neptune Insurance Company in the city of Boston, which may 
and should be performed, and which are now binding upon the 
said corporation by the name of the Charlestown Fire and Ma- 
rine Insurance Company ; and that said corporation, by the name 
of the Neptune Insurance Company in the city of Boston, shall 
have all the rights, and may exercise all the powers, and be sub- 
ject to all the contracts, duties and liabilities, which it could and 
might exercise, or be subject to, under the name of the Charles- 
town Fire and Marine Insurance Company. 

Sect. 5. Be it further enacted, That the number of the 
directors of the said Neptune Insurance Company shall be in- 
creased to nine, who shall exercise all the powers, and be sub- 
ject to all the duties, prescribed in the third section of the act to 
which this is in addition ; and such additional directors shall be 
stockholders of the said corporation, and shall be chosen at such 



Number of di- 
rectors increaS' 
ed. 



1831. Chap. 25—27. Ill 

time as the president and directors shall appoint, and hold their 
offices until the first Monday in May next, and until others shall 
be chosen, and no longer. 

Sect. 6. Be it further enacted, That the provisions of this When this act 
act shall not be binding on the said Charlestown Fire and Marine shall take efifect. 
Insurance Company, unless the same shall be accepted at a 
meeting to be held by them, pursuant to notice to be given by 
the president and directors, for the same period, and in the same 
manner, as are provided in respect to meetings for the choice of 
directors, in the third section of the act to which this is in addi- 
tion. [June 15, 1831.] 

An Act to annex certain land to the Town of Sutton, in the County of Worcester, fjhnr) 2fi 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, 
That so much of the land belonging to Hammond Hewett and Description of 
Alpheus Rawson, of Norihbridge, in the county of Worcester, '^"'^ annexed, 
as lies and is situate north of a line beginning at the southeast 
corner of the road leading by the said Hevvett's house to the 
house of said Rawson, at its intersection with the road passing 
by the south baptist meeting-house, in said Sutton, to Douglas, 
in said county of Worcester, a few rods north of the house of 
Warren Batchellor, in said Douglas, thence south, eighiy-two 
degrees west, three hundred and eighty-four rods, to Mumford 
river, so called, bounded on the west, north and east by said 
town of Sutton, and south by said Douglas, be, and the same is 
hereby set off from the said town of Northbridge, and annexed 
to the said town of Sutton : provided, however, that the said 
Hewett and Rawson, and their families, shall pay all taxes that 
have been lawfully assessed on them by the town of Northbridge. 
[June 15, 1831.] 

An Act to incorporate the West Stockbridge Rail-road Company. f^hnt) 27 

Sect. 1. BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
same, That Henry B. Boynton, Robbins Kellogg, Miles Mor- Persons incor- 
gan, Erastus Crocker, Lyman Hinman, Melanclon Lewis and pofa'^d. 
Epaphroditus Cone, their associates, successors and assigns, be, 
and they hereby are made a body politic and corporate, with a 
capital of forty thousand dollars, under the name of the West Capital stock. 
Stockbridge Rail-road Company, and by that name shall be and 
hereby are made capable in law to sue and to be sued to final 
judgment and execution, plead and be impleaded, defend and be 
defended, in any courts of record, or in any other place what- 
ever, to make, have and use a common seal, and the same to 
break, renew or alter at pleasure, and shall he, 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 Route of rail- 
hereby authorized and empowered to locate, construct and finally ''°^'^* 
complete a rail-road, commencing at or near the village in West 



112 



1831.- 



-Chap. 27. 



Shares. 



Directors. 



Authorized to 
locate and con- 
struct a rail- 
road. 



Assessments. 



Delinquent sub- 
scribers. 



Stockbridge, and running thence in a westerly or northwesterly 
direction, on the most eligible route through the northerly part of 
the said town of West Stockbridge, to the boundary line of the 
state of New York, 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, embankments, 
and stone and gravel, may take 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 materi- 
als for the purposes aforesaid, shall be paid for by said corpora- 
tion in the manner herein after provided. 

Sect. 2. Be it further enacted. That the capital stock of 
said corporation shall consist of one thousand shares, and the im- 
mediate government and direction of the affairs of the said cor- 
poration shall be vested in five directors, who shall be chosen by 
the members of the corporation in the manner herein after pro- 
vided, and shall hold their offices until others shall be duly elect- 
ed and qualified to take their places, 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 number to be presi- 
dent of the board, who shall also be president of the corpora- 
tion, 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 sat- 
isfaction of the directors, in a sum not less than ten thousand 
dollars, for the faithful discharge of his trust. 

Sect. 3. Be it further enacted, That the president and di- 
rectors for the time being are hereby authorized and empowered, 
by themselves or their agents, to exercise all the powers herein 
granted to the corporation for the purposes of locating, construct- 
ing 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 lands, 
materials and other necessary things, in the name of the corpo- 
ration, for the use of said road, to make such equal assessments, 
from time to lime, on all the shares in said corporation, as they 
may deem expedient and necessary in the execution and progress 
of the work, and direct the same to be paid to the treasurer of 
the corporation, and the treasurer shall give notice of all such 
assessments, and in case any subscriber shall neglect to pay his 
assessment for the space of thirty days after due notice from the 
treasurer of said corporation, the directors may order the treasu- 
rer, after giving due notice thereof, to sell such share or shares 
at public auction to the highest bidder, and the same shall be 
transferred to the purchaser. And such delinquent subscriber 
shall be held accountable to the corporation for the 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 



1831. Chap. 27. 113 

to the overplus, if his share or shares shall sell for more than the 
assessment due, with interest and the cost of sale : provided, Proviso. 
however, that no assessment shall be laid upon any shares in said 
corporation of a greater amount in the whole than forty dollars 
on each share. 

Sect. 4. Be it further enacted, That the annual meeting of Annual meet- 
the members of said corporation shall be holden on the first '"^" 
Wednesday of April, 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 proprietor being entitled to as many 
votes as he holds shares : provided, they do not amount to more Right of voting, 
than one fourth part of the whole number. And the three per- 
sons first named in this act, or any two of them, are hereby au- 
thorized to call the first meeting of said corporation, by giving 
notice in the Berkshire Journal, published in Lenox, of the 
time, place and purpose of said meeting, at least ten days before 
the time mentioned in such notice. 

Sect. 5. Be it further enacted, That the said corporation Damages, 
shall be holden to pay all damages that may arise to any person 
or persons, corporation or corporations, for taking their land or 
materials for said rail-road, when it cannot be obtained by volun- 
tary agreement, to be estimated and recovered in the manner 
provided by law for the recovery of damages happening by the 
laying out of highways. 

Sect. 6. Be it further enacted, That when the lands, Land of infants, 
other property or estate of any /emme covert, infant, or person *^c., how taken. 
non compos mentis, shall be necessary for the construction of 
said rail-road, the husband of such /emme covert, and the guard- 
ian of such infant or person non compos mentis, may release all 
damages for any lands or estates taken and appropriated as afore- 
said, as they might do if the same were holden by them in their 
own right respectively. 

Sect. 7. Be it further enacted, That if any person shall Penalties for 
wilfully, maliciously or wantonly, and contrary to law, obstruct malicious mju- 
the passage of any carriage on said rail-road, or in any way 
spoil, injure or destroy said rail-road, or any part thereof, or any 
thing belonging thereto, or any material or implements to be em- 
ployed in the construction or for the use of said road, he, she or 
they, or any person or persons assisting, aiding or abetting in 
such trespass, shall forfeit and pay to said corporation, for every 
such offence, treble such damages as shall be proved before the 
justice, court or jury before whom the trial shall be had, to be 
sued for and recovered, before any justice, or in any court prop- 
er to try the same, by the treasurer of the corporation, or other 
officer whom they may direct, to the use of said corporation. 
And such offender or offenders shall be liable to indictment by 
the grand inquest for the county of Berkshire, for any offence 
or offences contrary to the above provisions, and, on conviction 
thereof, before any court of common pleas to be holden in said 
county, shall pay a fine not exceeding one hundred dollars, and 
not less than thirty dollars, to the use of the Commonwealth, or 

VOL. VII. 15 



114 



1831.- 



■Chap. 27. 



How rail-road 
shall be con- 
structed across 
public or pri- 
vate ways. 



Proprietors or 
selectmen may 
require altera- 
tions. 



By-laws. 



Tolls 



may be imprisoned for a term not exceeding one year, at the 
discretion of the court before whom the conviction may be had. 

Sect. 8. Be it further enacted, That if the said rail-road, 
in the course thereof, shall cross any private way, the said cor- 
poration shall so construct said rail-road as not to obstruct the 
safe and convenient use of such private way ; and if said rail-road 
shall not be so constructed, the party aggrieved shall be 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 turn- 
pike 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 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 conveniently 
pass over or under the same ; and if said corporation shall raise 
or lower any such turnpike, highway, or private way, pursuant 
thereto, and shall not so raise or lower the same, as to be satis- 
factory to the proprietors of such turnpike or to the selectmen of 
the town, as the case may be, said proprietors or selectmen may 
require, in writing, of said corporation, such alteration or amend- 
ment as they may think necessary. And if the required amend- 
ment or alteration be reasonable and proper, and the said corpo- 
ration 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 insti- 
tute and prosecute to final judgment and execution, in any court 
proper to try the same, any action of the case against said corpo- 
ration, and shall therein recover a reasonable indemnity in damages 
for all charges, disbursements, labour and services occasioned by 
making such alteration or amendment, with costs of suit. 

Sect. 9. Be it further enacted, That the said corporation 
shall have power to make, ordain and establish all such by-laws, 
rules, regulations and ordinances, as they shall deem expedient 
and necessary to accomplish the designs and purposes, to carry 
into effect the provisions of this act, and for the well ordering, 
regulating and securing the interest and affairs of the corporation : 
provided, the same be not repugnant to the constitution and laws 
of this Commonwealth. 

Sect. 10. Be it further enacted, That a toll be and hereby 
is granted and established for the sole benefit of said corporation, 
upon all passengers and property of all descriptions which may 
be conveyed or transported upon said road, at such rates per 
mile as may be agreed upon froin time to time by the directors of 
said corporation. The transportation of persons and property, 
the construction of wheels, the form of cqrs 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 pre- 
scribe and direct. And said road may be used by any persons 
w^ho shall comply with such rules and regulations : provided, 



1831. Chap. 27—28. 1 15 

hoioever^ that if, at the expiration of four years from and after the 
completion of said road, the net income or receipts from tolls 
and other profits, taking the four years aforesaid as the basis of 
calculation, shall have amounted to more than ten per cent, per 
annum upon the cost of the road, the Legislature may take 
measures to alter and reduce the rate of tolls and other profits in 
such manner as to take off the overplus for the next four years, 
calculating the amount of transportation upon the road to be the 
same as the four preceding years, and at the expiration of every 
four years thereafter the same proceedings may be had. 

Sect. II. Be it further enacted^ That the directors of said Directors may 
corporation for the time being are hereby authorized to erect ^|f t)iish gates, 
toll-houses, establish gates, appoint toll-gatherers, and demand 
toll upon the road, when completed, and they shall from year to 
year make a report to the Legislature of their acts and doings, 
under the provisions of this act. 

Sect. 12. Be it further enacted, That if the amount of Conditions of 
stock for said rail-road shall not have been subscribed, the com- 
pany organized, and the location of the route filed with the county 
commissioners of the county of Berkshire, previous to the first 
day of January, in the year of our Lord one thousand eight hun- 
dred and thirty-three, or if the said stock shall have been sub- 
scribed, the company organized, and the location made as afore- 
said, but said corporation shall fail to complete 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. [June 16, 1831.] 

An Act to incorporate the Boston and Lowell Stage Company. K^llCip, zio. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives.^ in General Court assembled, and by the author- 
ity of the same, That Joseph Bradley, Levi Carter, Ira Frye, Persons incor- 
their associates, successors and assigns, be, and they hereby are P°''^'® • 
made a corporation, by the name of the Boston and Lowell 
Stage Company, for the purpose of conveying passengers be- 
tween the city of Boston and the town of Lowell, in the county 
of Middlesex ; and for that purpose shall have all the powers and Powers and 
privileges, and be subject to all the duties and requirements, ""^^' 
contained in an act passed the twenty-third day of February, in 
the year of our Lord one thousand eight hundred and thirty, en- 
titled " an act defining the general powers and duties of manu- 1829 ch. 53. 
facturing corporations." 

Sect. 2. Be it further enacted. That said company may Real and per- 
lawfully hold such real estate, not exceeding the value of thirty ^°°^ estate, 
thousand dollars, and personal estate not exceeding the value of 
fifty thousand dollars, as may be necessary for the purpose of 
carrying into effect the objects of this act. 

Sect. 3. Be it further enacted, That the name of said com- Name to be af- 
pany shall be conspicuously affixed to all carriages which may be ^^^^ ^° '^^^' 
used by them, under penalty of ten dollars for each and every 
day during which any of their carriages may be employed for the 



116 1831. Chap. 28—31. 

transportation of passengers, without having their said name so 
affixed thereto, which penahy 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. 
Limitation of Sect. 4. Be it further enacted, That said company shall 

*^''®" not ask or demand for the conveyance of any passenger, with 

usual baggage, any greater sum than five cents per mile, under 
penalty of ten dollars, to be recovered by any person aggrieved 
thereby, in any court proper to try the same ; and said company 
shall be responsible for all baggage, or other property committed 
to them, their agents or drivers, to be conveyed on said route, 
or any part thereof. [June 16, 1831.] 

ChctV, 30. •^'^ -^^"^ '" addition to an Act to incorporate the Trustees of the First Baptist Minis- 
J^' ' terial Church Fund in Randolph. 

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

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

Name changed, the same, That the corporation now known by the name of 
" The Trustees of the First Baptist Church and Society in 
Randolph," shall be hereafter called and known by the name of 
" The Trustees of the First Baptist Church and Society in 
Stoughton ;" said corporation to be subject to all the duties and 
liabilities, and entitled to all the privileges, contained in the act 
to which this is in addition. 

Repeal. Sect. 2. Be it further enacted, That the seventh section 

of the act to which this is in addition, be, and the same is hereby 
repealed. [June 16, 1831.] 

f^hfl'n S I ^^ ^^'^ '° incorporate the Second Parish in Longmeadow. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 

Second parish, of the same, That so much of the town of Longmeadow, as lies 
within the bounds herein after described, be, and the same hereby 
is formed into a separate parish, and shall be designated by the 
name of the Second Parish in Longmeadow, and shall be bounded 

Boundaries. as follows, viz : beginning at the north east corner of said Long- 
meadow, thence running westerly upon the line between Spring- 
field and Longmeadow, far enough to contain one half of the ter- 
ritory of said Longmeadow, thence southerly, in a line parallel to 
the east line of said Longmeadow, so as to include one half of 
the territory, to the south line of said town, being the line between 
Longmeadow and the state of Connecticut ; thence on the line of 
the state of Connecticut to the south east corner of said town ; 
thence on the easterly line of said town to the first bounds : and 
the dividing line between the said second parish, and the first parish 
in said town, as herein defined, shall, at the expense of said sec- 
ond parish, within one year from the passage of this act, be ac- 
curately surveyed and marked, and permanent monuments set up 
thereon, by Orange Chapin, of Springfield, in the county of 
Hampden, giving thirty days previous notice to each of said par- 
ishes of the time and place of commencing said survey ; and the 



1831. Chap. 31—32. 117 

line so established by said survey, shall thereafter be the dividing 
line between said parishes. 

Sect. 2. Be it further enacted, That all the inhabitants inhabitants 
within the limits aforesaid shall be considered as belonging to said withhi the afore- 
second parish, and that all the property within said limits, both belong to sec- 
real and personal, shall be considered, for all parochial purposes, °^^ parish, 
as belonging to said second parish, in the same manner as property 
is by the laws of this Commonwealth deemed to belong to the 
oldest religious society in each town ; and the said parish is 
hereby invested with all the powers, rights, privileges and immu- 
nities, and subjected to all the liabilities of other parishes in this 
Commonwealth : provided^ hoioever, that nothing herein contained 
shall prevent any person from becoming a member of any other 
religious society, agreeably to the existing laws of this Common- 
wealth. 

Sect. 3. Be it further enacted, That Joseph W. Cooley, First meeting, 
is hereby authorized to call the first meeting of said parish, by 
posting up an attested copy of his warrant for that purpose, at the 
meeting-house in said parish, seven days at least before such 
meeting, specifying the time, place, and purposes of the same. 
[June 17, 1831.] 

An Act to authorize the Salem Turnpike and Chelsea Bridge Corporation to discon- f^Jmn ^^ 
tinue part of said Turnpike Road. ^/tlt^. U^.. 

Sect. 1. BF, it enacted by the Senate and House of Repre- [v!^2*^p'|o6 ) 
sentatives, in General Court assembled, and by the authority of 1802 ch. 90. 
the same. That the said corporation be, and hereby is authorized isbs ch lo^^ 
to discontinue and surrender to the town of Charlestown, in the (v. 3. p. 211.) 
county of Middlesex, that part of the said turnpike road which ^^^^ '^^' ^' 
lies between Charlestown square and the northwest corner of the ^u°rrende'rp"art° 
Navy Yard at Wiley's corner: provided, however, that the said of turnpike 
town of Charlestown shall, on or before the first day of October '^°^^' 
next, accept the surrender of said part of said turnpike road, and 
shall, within four months from the passing of this act, cause the 
said road from Charlestown square to Caswell's corner to be well 
paved, and shall put the whole of said road from said Charles- 
town square to Wiley's corner, at the north west corner of the 
Navy Yard, in good and sufficient repair, and shall forever here- 
after keep the same open and in good repair as a public highway : 
and further provided, that the said corporation shall pay to the 
town of Charlestown, towards the expense of the paving and repairs 
aforesaid, the sum of one thousand dollars within thirty days after 
the paving and repairs aforesaid shall have been well and suffi- 
ciently done and completed. 

Sect. 2. Beit further enacted, That nothing in this act shall Nothing in this 
affect the right of the corporation to demand and receive the same '^■''\\° f^^^\^^^ 

11 1 • I I 11 1 • 1 1 1 , right ot taking 

tolls which they are now by law authorized to demand and re- toil. 
ceive. And the corporation shall have the right to erect and 
keep up a suitable guide board to direct travellers to the turnpike, 
at or near the present entrance thereof by Charlestown square. 
[June 17, 1831.] 



118 



1831.- 



-Chap. 33. 



Chap, 33. 



Persons incor- 
porated. 



Real and per- 
sonal estate. 



Shares. 



First meeting. 



Contracts bind- 
ing upon all the 
stockholders in- 
dividually. 



An Act to incorporate the Proprietors of the Central Coffee House in Hopkinton. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority 
of the same, That Joseph Valentine, Matthew Metcalf, Arba 
Thayer, Amaziah Claflin, John Gibson, Jr., Aaron Eames, and 
such others as rnay be associates with them as proprietors, their 
successors and assigns, shall be, and hereby are constituted a 
body politic and corporate, by the name of the Central Coffee 
House Company, for the purpose of erecting, holding and mana- 
ging a house of public entertainment, and its appropriate appur- 
tenances, in the town of Hopkinton , and by that name may sue 
and be sued, defend and be defended, and may do and suffer such 
acts and things as oiher bodies corporate may do and suffer ; may 
have a seal, and may make and ordain such by-laws, rules and 
regulations, as to them may appear necessary and convenient for 
the government of said corporation, and the prudent management 
of their affairs : provided, that such by-laws, rules and regula- 
tions be not repugnant to the constitution and laws of this Com- 
monwealth. 

Sect. 2. Be it further enacted. That the said corporation 
may be lawfully seized and possessed of such real and personal 
estate, as may be necessary and convenient for the purposes of 
keeping and maintaining a good and convenient house of public 
entertainment, and its appropriate appurtenances, near the con- 
gregational meeting-house in Hopkinton : provided, the same be 
acquired by legal grant : and shall have power to improve and 
manage the same for a house of public entertainment, and to sell 
and dispose of the same at pleasure : provided, further, that the 
whole amount of estate of said corporation, real and personal, 
shall not exceed the sum of thirty thousand dollars. 

Sect. 3. Be it further enacted, That the proprietors, at any 
legal meeting, may determine the number of shares said estate 
shall be divided into, and may afterwards increase the number of 
shares, if necessary, and may also determine the mode of trans- 
ferring the same, which shares shall be deemed personal estate, 
and be subject to attachment and sale, in like manner as the 
shares of debtors in other incorporated companies ; and said real 
and personal estate of said corporation shall be liable to be taken 
on mesne process or execution, and set off or sold, in the same 
manner as the property of individuals is, or shall be by law. 

Sect. 4. Be it further enacted, That either of the persons 
named in the first section of this act may call the first meeting of 
the corporation, by posting up notifications of the time and place 
of said meeting, in said house of public entertainment, and near 
the outer door of the congregational meeting-house in Hopkinton, 
ten days at least before the time of the proposed meeting, at which 
time they may elect necessary officers, and do such things as 
may be expedient for their organization. 

Sect. 5. Be it further enacted. That all covenants and 
contracts made by, and debts due from said corporation, shall be 
binding on one and all of the persons who shall be stockholders 



1831 Chap. 33—34. 119 

when such contracts are made, as fully as if such contracts had 
been made by said stockholders individually, and the Legislature 
shall have authority to alter, amend or repeal this act at any time 
hereafter : provided, however, that any act of the Legislature, re- 
pealing this act, shall have the effect of vesting all the real and 
personal estate of said corporation in the individual members 
thereof, and their legal representatives, in the same proportions 
as they shall, at the time of such repeal, respectively hold the 
stock of said corporation. \^June 17, 1831.] 

An Act to incorporate the First Christian Union Society in Troy. f^hnn '^A 

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

sentatives, in General Court assembled, and by the authority of 
the same, That Leonard Garfield, Philip S. Brown, King Dean, Persons incor- 
Arza Bisbee, .Daniel Martin, Job Simmons and Abel Tripp, P°''ated. 
together with all others who now are subscribers to the amount 
of twenty-five dollars each towards the erection, or who may 
hereafter become pew holders to the amount of one pew each, 
in the Christian union chapel about to be erected in the town of 
Troy, and village of Fall River, their successors and assigns, be, 
and they hereby are incorporated as a religious society, by the 
name of the First Christian Union Society in Troy ; with all the 
privileges, powers and immunities, and subject to all the duties 
and liabilities, to which parishes and other religious societies are 
entitled and subjected by the constitution and laws of this Com- 
monwealth. 

Sect. 2. Be it further enacted, That the said society may Real and per- 
hold, by grant, gift, devise, purchase or otherwise, and may sonal estate, 
manage and dispose of any personal or real estate, to any amount, 
not exceeding twenty thousand dollars : provided, the income 
arising from said estate shall be appropriated exclusively to paro- 
chial purposes. 

Sect. 3. Be it further enacted, That, at all the meetings of Right of voting, 
the said society, every subscriber to the amount of twenty-five 
dollars, and every pew holder, who shall be proprietor of one 
pew, and not exceeding five, shall be entitled to one vote, and no 
more ; and every person, owning or holding more than five pews, 
shall be entitled to two votes, and no more ; and every such 
owner shall be allowed to vote by proxy. 

Sect. 4. Be it further enacted. That there shall be held an Annual meet- 
annual meeting of said society, on the first Tuesday of May in '"°- 
each year, or on some other day that may be prescribed by the 
by-laws and regulations thereof, at which the said society may 
choose their officers, who shall hold their respective offices one 
year, and until others shall be chosen in their stead ; and may 
also raise and assess taxes, and exercise all and any other pow- 
ers, which, under this act of incorporation, the said society are 
entitled at any time to exercise. 

Sect. 5. Be it further enacted. That any three of the per- First meeting, 
sons named in this act may call the first meeting of said society, 
by giving seven days notice in the Fall River Monitor, or some 



120 



1831.- 



■Chap. 34—35. 



other paper printed in the said village, stating the time and place 
of holding the same. [June 17, 1831.] 



Chap. 35. 



Persons incox 
porated. 



Deposits. 



Investment of 



An Act to incorporate the Institution for Savings in the town of Nevv^ion. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled., and by the authority of 
the same, That John Kenrick, Asa Cook, Seth Davis, Stephen 
Goodhue, William Jackson, Amos Lyon, Joel Fuller, Henry- 
Craft, Nathaniel Fuller, Samuel Hyde, Ephraim Jackson, 2d., 
and Marshall S. Rice, and such others as may be duly elected, 
and their successors, be, and they are hereby incorporated into 
a body politic, by the name of the Institution for Savings in the 
town of Newton. 

Sect. 2. Be it further enacted, That the said corporation 
shall be capable of receiving, from any person or persons dis- 
posed to obtain and enjoy the advantages of said institution, any 
deposit or deposits of money, and to use and improve the same, 
for the purposes, and according to the directions herein men- 
tioned and provided. 

Sect. 3. Be it further enacted. That all deposits of money 
appropriaUon of received by said institution, shall be by them improved to the 
income. best advantage, and be invested in such manner as best to pro- 

mote the objects of the institution ; and the income or profits 
thereof shall be by them divided among the persons making the 
said deposits, their executors, administrators and assigns, in just 
proportion, with reasonable deductions for expenses ; and the 
principal of such deposits may be withdrawn, at such time and in 
such manner, as the said institution shall direct and appoint. 

Sect. 4. l3e it further enacted. That the said corporation 
may have a common seal, which they may alter and renew at 
pleasure ; that all deeds, conveyances, grants, covenants, con- 
tracts 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 sued, and may defend, and shall be held to 
answer by the name aforesaid. 

Sect. 5. Be it further enacted. That the said corporation 
shall, at any legal meeting, have power to elect by ballot any 
other person or persons, as member or members of said institu- 
tion ; and any member, upon filing a written notice with the 
president thereof, three months prior, may, at any annual meeting 
of said corporation, withdraw and forever dissolve his connexion 
with the same. 

Sect. 6. Be it further enacted. That the said corporation 
shall hereafter meet at Newton, some time in the month of Jan- 
uary annually, and at such other times as the corporation shall 
direct ; and any seven members of the 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 January annually, shall have power to elect by ballot a presi- 
dent, and treasurer, who shall give bond in the sum of five thou- 
sand dollars, for the faithful discharge of the duties of his office, 



General pow 
ers. 



Members. 



Annual meeting 
and election of 
oflScers. 



1831. Chap. 35—37. 121 

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 
office respectively. 

Sect. 7. Be it further enacted, That the officers and agents statement of af- 
of said institution shall lay a statement of the affairs thereof be- '^'"• 
fore any persons appointed by the Legislature to examine the 
same, whenever required so to do, and shall exhibit to them all 
the books and papers relating thereto, and shall submit to be ex- 
amined by them under oath concerning the same. 

Sect. 8. Be it further enacted, That the said corpora- By-laws, 
tion shall have power to make by-laws for the more orderly man- 
aging of their concerns : provided the same are not repugnant to 
the constitution and laws of this Commonwealth. And the Le- 
gislature may, at any time, make such further regulations for the 
government of the said institution as they may deem expedi- 
ent. 

Sect. 9. Be it further enacted, That any one of the per- First meeting, 
sons named in this act shall have power to call the first meet- 
ing of said corporation at such time and place as he may judge 
proper, by giving notice in writing to the members of said 
corporation, at least ten days before the day of said meeting. 
[June 17, 1831.] 

An Act to set off certain land from the town of Dedham, and annex the same to the Cfldp, 3G» 
town of Dorchester. -* 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, 
That the following described parcel of land situate wholly with- Land set off. 
in the exterior limits of the town of Dorchester in the county of 
Norfolk, but which, as a part of the estate of one Thomas 
Howe, now deceased, was heretofore set off from said town of 
Dorchester, and annexed to the town of Dedham in said coun- 
ty, be, and the same is hereby set off from said town of Ded- 
ham, and reannexed to said town of Dorchester : viz : a parcel Description, 
of land containing twenty-eight acres, one quarter and twenty- 
nine rods, now owned by Abel Kenney of said Dorchester, 
husbandman, and bounded southeasterly seven chains and six 
links, on land of the heirs of Calvin Howe, deceased ; south- 
westerly fifty-five chains and fifty-four links, on land of said Ken- 
ney, and land of Samuel Paul ; northwesterly seven chains and 
six links on land of Samuel Paul and Isaac Paul ; and northeast- 
erly about fifty-six chains, partly on land called the Brewer lot, 
and partly on land of said Kenney. [June 17, 1831.] 

An Act to incorporate the Pine Street Congregational Society. \^flCLp» Oi, 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same, That Eliphalet Kimball, Benjamin Perkins, Peleg Persons incor- 
Mann, Daniel Prescott, Cornelius Briggs, Francis Batchelder, po^a'ed. 
Willard Williams, Nathaniel W. Withington, Charles Messin- 

VOL. VII. 16 



122 1831. Chap. 37—38. 

ger, I. P. Tappan, Thomas Lamson, William Carleton, N. D. 
Vdse, Seth Thaxter, together with all those persons who are 
subscribers of stock, or who shall hereafter become proprietors 
of pews in the Pine street meeting-house, situated on the cor- 
ner of Pine and Washington streets, in the city of Boston, be, 
and hereby are incorporated as a religious society, by the name 
of the Pine street Congregational Society, with all the powers, 
privileges and immunities to which other religious societies in this 
Commonwealth are entitled by the laws and the constitution 
thereof, and subject to all the duties and liabilities to which other 
religious societies are subject. 

Real and per- Sect. 2. Be it further enacted, That said society shall 
have power in law to take, purchase and hold any estate, real, 
personal or mixed, for the use of said society, and the same to 
sell, mortgage or otherwise dispose of, as they may see fit : pro- 
vided, the income thereof, exclusive of their meeting-house and 
land under and adjoining it, shall not at any time exceed the sum 
of two thousand dollars per annum. 

Assessments on Sect. 3. Be it further enacted, That the said society shall 

^'^^' be empowered to assess upon the pews in their meeting-house, 

according to a valuation of said pews, which shall be agreed 
upon by said society, all sums of money which shall hereafter be 
voted to be raised by the said society for the support of public 
worship, and other parochial charges, and all assessments upon 
the pews as aforesaid may be collected in the manner provided 

1817 ch. 189. by "an act authorizing the proprietors of churches, meeting- 
houses and other houses of public worship to regulate and man- 
age their property and interests therein," passed the twenty- 
fourth day of February, in the year of our Lord one thousand 
eight hundred and eighteen. 

By-laws. Sect. 4. Be it further enacted, That said society shall have 

power to establish such regulations, rules and by-laws, for their 
government, and for the management of their affairs, as they 
may from time to time see fit: provided, the same be not repug- 
nant to the constitution and laws of this Commonwealth. 

First meeting. Sect. b. Be it further enacted. That Eliphalet Kimball 
and Benjamin Perkins be, and they are hereby authorized to call 
the first meeting of said corporation, by publishing notifications 
of the time and place of meeting in some public newspaper 
printed in the city of Boston, three several times, the last publi- 
cation to be one week before the time of meeting. [June 17, 
1831.] 

ChttV, 38. ^" ^'^^ '" further addition to an Act entitled " An Act establisliing the City of Bos- 

1822 ch" 107' ^^ *^ enacted by the Senate and House of Representatives, 

1824 ch! 49. in General Court assembled, and by the authority of the same, 
Time for city That the time for the city council of the city of Boston to meet 
inTonvemi^!^' '" convention, in order to determine the number of representa- 
tives which it may be expedient for said city to send to the Gen- 
eral Court, shall be in the month of October, instead of May, 
in each year, any thing in the act to which this is in addition to 
the contrary notwithstanding. [June 17, 1831.] 



1831. Chap. 39—40. 123 

An Act to incorporate the South Boston Meeting- and JMarket-house Association. Chfiri 39 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives^ in General Court assembled, and by the authority of 
the same, That George C. Thacher, Joseph Harris, Jr., Ebe- Persons incor- 
nezer Stevens and James Jacktnan, their associates, successors P°''*'^'^- 
and assigns, be, and they hereby are made a corporation, by the 
name of the South Boston Meeting and Market-house Associa- 
tion, for the purpose of erecting, in that part of the city of Bos- 
ton called South Boston, a building, to be used as a meeting- 
house and market-house, and for other uses ; 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 and renew at pleasure, and 
may elect such officers, and make and establish such by-laws as 
they may deem necessary or expedient for the management of 
their affairs : provided, that such by-laws shall not be repugnant 
to the constitution or laws of this Commonwealth. 

Sect. 2. Be it further enacted, That the corporation hereby Real and per- 
established may take and hold, for the purpose aforesaid, real *°"^'®*^^^^' 
or personal estate, the annual income of which shall not exceed 
the sum of two thousand dollars. 

Sect. 3. Be it further enacted, That any one of the per- First meeting, 
sons named in the first section of this act may call the first meet- 
ing of said association, and fix the time and place of said meet- 
ing, by posting notifications thereof in two or more public places 
in said South Boston, seven days at least before such intended 
meeting. [June 17, 1831.] 

An Act to incorporate the Boston Wrought Nail Company. C^hfin 4<0 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same, That Charles C. Starbuck, John H. Jenks, and Persons incor- 
such other persons as may become associated with them, their ported.; 
successors and assigns, be, and they hereby are created a body 
corporate, by the name of the Boston Wrought Nail Company, 
for the purpose of manufacturing wrought nails and machinery for 
the same, at Boston, in the county of Suffolk ; and for this pur- powers anddu- 
pose shall have all the powers and privileges, and shall be subject ''^*- 
to all the duties and requirements, contained in an act, passed on 
the twenty-third day of February, in the year of our Lord one 
thousand eight hundred and thirty, entitled "an act defining the 1829 ch. 53. 
general powers and duties of manufacturing corporations." 

Sect. 2. Be it further enacted, That said corporation may Real and per- 
take and hold such real estate, not exceeding in value the sum sonal estate, 
of seventy-five thousand dollars, and such personal estate, not ex- 
ceeding in value the like sum, as may be convenient and suitable 
for carrying on the business aforesaid. [June 17, 1831.] 



124 



1831.- 



■Chap. 41—42. 



Chap. 41 . 



County commis- 
sioners to re- 
build bridge. 



Proviso. 



Chap. 42. 



Persons incor- 
porated. 



Real and per- 
sonal estate. 



Assessments on 
pews. 



Pews may be 
sold on refusal 
or neglect to 
pay assess- 
ments. 



An Act relating to the erection of the Pitcher Great Bridge in Norwich. 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, 
That, whenever it shall become necessary, by reason of the de- 
cay of the Pitcher Great Bridge, so called, over the main branch 
of the Agawam, or Weslfield river, in Norwich, in the county of 
Hampshire, to rebuild the same, it shall be the duty of the county 
commissioners of said county, and they are hereby required to 
cause the same to be rebuilt, and one half of the expense of re- 
building said bridge, shall be borne by the said county, and one 
half thereof by the said town of Norwich : provided, that the 
whole cost of rebuilding the same shall not exceed the sum of six 
hundred dollars ; and provided, also, that the expense of main- 
taining and supporting said Pitcher Great Bridge, alter the same 
shall have been rebuilt, shall be borne by said Norwich forever. 
[June 18, 1831.] 

An Act to incorporate the First Baptist Society in Troy. ■ 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That Asa P. French, Enoch French, Abiathar Hall, 
Charles Church, John Davol, Philip Smith, Perry M. Peckham, 
Richmond Davol, Stephen L. French, Job B. French, Alanson 
Cobb, Nicholas White, Ucal Woodman, William Boomer, Seth 
Darling, Bradley Miner, John W. Adams, Wanton Hathaway and 
William Ashley, with their assoicates and successors, be, and 
they are hereby incorporated into a religious society, by the 
name of the First Baptist Society in Troy, with all the privileges, 
powers and immunities, and subject to all the duties and liabilities, 
to which parishes and other religious societies are entitled and 
subjected by the constitution and laws of this Commonwealth. 

Sect. 2. Be it further enacted. That said society may hold, 
by grant, gift, devise, purchase or otherwise, real and personal 
estate to any amount, not exceeding twenty thousand dollars, for 
the use of the said society. 

Sect. 3. Be it further enacted. That the said society, at 
any meeting duly called, may assess upon the pews in their meet- 
ing-house, such sums of money as may be necessary to defray 
the expenses of repairing the meeting-house, and for other pur- 
poses incident to the authority given by this act ; and all such 
sums of money shall be apportioned according to the relative 
value of the respective pews, and shall be a lien thereupon, until 
all assessments shall be paid. And if any proprietor of any pew 
or pews shall neglect or refuse to pay any assessment duly made 
thereupon within sixty days from the time he shall have notice 
thereof, the treasurer may sell the same by public auction, after 
giving fourteen days previous notice of the tipie and place of sale, 
in writing, posted on the meeting-house of the said society ; and 
the money arising from such sale, after first deducting the assess- 
ments due, and the expenses of sale and collection, the said treas- 
urer shall pay over to said delinquent proprietor ; and said treas- 
urer is authorized and empowered, upon the sale aforesaid, to 



1831. Chap. 42—45. 125 

execute and deliver a deed of conveyance to the purchaser there- 
of, which shall be valid in law. 

Sect. 4. Be it further enacted., That every owner of any Right of voting, 
pew or pews in said meeting-house shall be entitled, at all meet- 
ings of the said society, for the purpose of making assessments 
as aforesaid, to one vote for every pew he shall own in said 
meeting-house, and shall, at all such meetings, be allowed to vote 
by proxy. 

Sect. 5. Be it further enacted., That any three of the per- First meeting, 
sons named in this act may call the first meeting of said society, 
by giving three weeks public notice of the time and place of 
holding the same, in the newspaper printed in Troy, called the 
Fall River Monitor. [June 18, 1831.] 

An Act to cede to the United States the jurisdiction of a site for a Light-house on C/JldT), 45. 
Eastern Point in Gloucester. -» * 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives., in General Court assembled., and by the authority 
of the same., That the United States of America may purchase Cession of ju- 
or take, as herein after provided, any tract of land which shall "^diction. 
be found necessary or convenient for the light-house and monu- 
ment authorized by Congress to be erected on Eastern Point, in 
the town of Gloucester, within this Commonwealth, and du- 
ring the continuation, use and appropriation aforesaid, the juris- 
diction of said tract of land, not exceeding the quantity of ten 
acres, shall be, and is hereby ceded to, and shall be in the Uni- 
ted States, so long as it shall be used for the sole purpose of 
keeping a light-house, or erecting a monument, or for both of 
them thereon, and no longer, reserving to this Commonwealth 
concurrent jurisdiction with the United States in and over said 
land, so far, that all civil and criminal processes, issued under 
the authority of this Commonwealth, or any officer thereof, may 
be executed on any part of said land or in any building that may 
be erected thereon, in the same way and manner as if the juris- 
diction had not been granted as aforesaid. 

Sect. 2. Be it further enacted., That if the agent or per- Proceedings in 
son employed for the United States, and the owner or owners of case of disa- 
such land, which shall be found necessary and convenient for f^g^^^jjjg g^^j^^ 
said light-house and monument, cannot agree in a sale and pur- of U. s. and 
chase thereof, such agent or person employed may apply to the "^"^'■^• 
court of common pleas in the county of Essex, and the said 
court is hereby authorized and empowered to cause the value of 
said land, together with such damages as the owner or owners 
thereof may sustain, by the erection of said light-house or mon- 
ument or both of them, to be appraised by a jury to be sum- Land and 
moned by the sheriff of said county or his deputy for that pur- damages to be 
pose, which jury shall be sworn to the faithful discharge of their j\fry"'^^ ^^ 
trust, and shall proceed to view and set off by metes and 
bounds, said tract of land, or such part thereof, as they shall 
find necessary and convenient for such light-house and monu- 
ment, and shall return their verdict to said court ; and in case 
the said court shall not then be in session, shall seal up their 



126 1831. Chap. 45—48. 

verdict, and deliver the same to the said sheriff or his deputy, 
who shall make return thereof to said court, at the next term to 
be holden in and for said county ; which verdict of the jury be- 
ing accepted by the said court, and the amount of said verdict 
being paid to the owner or owners of the land appraised and set 
off by the jury, (or if the owner or owners shall not appear, or 
shall refuse to receive such amount in money as the said court 
shall order, then the amount of the appraisement aforesaid shall 
be lodged in the office of the treasurer of the county of Essex, 
to be received by the owner or owners, or by any person legally 
authorized to receive the same,) the tract of land so appraised 
and set off, shall be vested in the United States, and shall be 
taken, possessed, and appropriated for the purposes aforesaid : 
Proviso. provided, that all charges of such application and appraisement 

shall be paid by die United States. [June 18, 1831.] 

r^hnn h.Pt •^" ^^"^ '"^ addition to an Act establishing a Free Bridge in the city of Boston. 

1 147 ^"^ *^ enacted by the Senate and House of Representatives, 

1830 ch. 121. in General Court assembled, and by the authority of the same, 

Wharves and That no part of the wharves or piers, which the city of Boston 

piers. is authorized to construct, by virtue of an act passed on the 

eighteenth day of March, in the year of our Lord one thousand 

eight hundred and thirty-one, entitled " an act in addition to an 

act establishing a Free Bridge in the city of Boston," shall be 

maintained within the distance of forty feet of any wharf or pier 

which shall have been or may hereafter be lawfully constructed 

by any individual or individuals. [June 20, 1831.] 

ChdXf' 48. ^^ ^^'^ '" addition to an act entitled " An Act to incorporate the Granite Railway 
■* Company." 

1825 183 Sect. 1. BE it enacted by the Senate and House of Rep- 

resentatives, in General Court assembled, and by the authority 
Limitation re- ^/i/ie same, That the limitation expressed in the act to which this 
pealed. act is in addition, whereby the duration of said corporation is re- 

stricted to forty years, be, and the same is hereby repealed : 
provided, always, that the Legislature shall have power, at all 
times hereafter, to alter, amend or repeal this act, and the act 
to which this act is in addition, at their pleasure. 
Annual meet- Sect. 2. Be it further enacted. That if the annual meeting of 

'"^' said corporation shall happen to have been omitted, that the officers 

who shall have been duly chosen, and who shall be in office at the 
time when the annual meeting should have taken place, shall 
continue in office, until the time fixed in the by-laws of the 
said corporation, for the then next annual meeting : or until a 
meeting shall have been had of the members of said corporation, 
for the choice of officers, which meeting the said members are 
hereby empowered to hold, on due notice from the clerk, or 
other proper officer of said corporation, in such manner as the 
said members may have provided for. [June 20, 1831.] Add. 
act, 1836 ch. 160. 



1831. Chap. 49—52. 127 

An Act to incorporate the Suffolk Iron Manufactory. ^i .q 

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

sentatives, in General Court assembled, and by the authority of 
the same, That Robert P. Williams and Charles Williams, to- persons incor- 
geiher with such other persons as may become associates with porated. 
them, their successors and assigns, be, and they hereby are cre- 
ated a body corporate, by the name of the Suffolk Iron Manu- 
factory, for the purpose of manufacturing and working iron and 
other metals and machinery, at Boston in the county of Suffolk, 
and for this purpose shall have all the powers and privileges, and Powers and 
shall be subject to all the duties and requirements, contained and ^"^'^s. 
provided in and by an act passed on the twenty-third day of Feb- 
ruary, in the year of our Lord, one thousand eight hundred and 
thirty, entitled " an act defining the general powers and duties 1829 ch. 53. 
of manufacturing corporations." 

Sect. 2. Be it further enacted, That the said corporation Real and per- 
may take and hold such real estate, not exceeding in value the 
sum of one hundred thousand dollars, and such personal estate, 
not exceeding in value two hundred thousand dollars, as may be 
suitable and convenient for carrying on the business aforesaid. 
[June 20, 1831.] 

An Act to incorporate the Proprietors of the Mill Dam Foundry. CflUVt 51 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same. That William Lyman, Robert Ralston, Junior, and Persons incor- 
Edward Brooks, their associates, successors and assigns, be, and P"*^^ 
they hereby are made a corporation, by the name of the Propri- 
etors of the Mill Dam Foundry, for the purpose of manufactur- 
ing, in iron and wood, in Roxbury, in the county of Norfolk, and 
for this purpose shall have all the powers and privileges, and be Powers and 
subject to all the duties and requirements, contained in an act, " '*'^' 
passed the twenty-third day of February, in the year of our Lord 
one thousand eight hundred and thirty, entitled " an act defining I829cii.53. 
the general powers and duties of manufacturing corporations." 

Sect. 2. Be it further enacted. That the capital stock of Capital stock 
said corporation shall not exceed the sum of two hundred thou- 
sand dollars, and that the said corporation may be lawfully seized 
and possessed of such real estate, as may be necessary and con- 
venient for the purposes aforesaid, not exceeding the value of 
one hundred thousand dollars, exclusive of buildings and improve- 
ments that may be made thereon by the said corporation. [June 
21, 1831.] 

An Act further in addition to an Act establishing a Fire Department in the city of (JJiiXTf, 52. 
Boston. ■» * 

BE it enacted by the Senate and House of Representatives, 1826 ch. 97. 
in General Court assembled, and by the authority of the same, 1828 ch. 123. 
That the city council of the city of Boston shall have power, and Appropriation 
they are hereby authorized, whenever, and as often as they shall the relief of 
deem it expedient, to appropriate any sum or sums of money, in '"jured mem- 
the way that may be judged by said council most advisable, for partment. 



and real es- 
tate. 



128 



1831.- 



■Chap. 62—54. 



Chap. 54, 



Persons incor- 
porated. 



Estate. 



Annual meet- 
ing, directors, 
&c. 



By-laws. 



Proviso. 



the relief or indemnity of any member or members of the fire 
department who may sustain corporal injury, or contract sickness 
in the discharge of their duty, on the occasion of any fire or con- 
sequent thereon. [Jttne 21, 1831.] 

An Act to incorporate the Society for promoting Theological Education. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That William Sullivan, Stephen Higginson, Leverett 
Saltonstall, George Bond, Francis Parkman, F. W. P. Green- 
wood, James Walker, Henry F. Baker, Gideon Barstow, Amos 
Lawrence, Samuel Whitwell, Abbott Lawrence, and their asso- 
ciates, now known and acting as a voluntary association, under 
the name of the Society for promoting Theological Education, 
with their successors, be, and they hereby are incorporated and 
made a body politic, under the name of the " Society for pro- 
moting Theological Education," for the purpose of assisting 
young men of competent talents, pure morals and piety, in pre- 
paring themselves for the Christian ministry, and to promote 
theological education, with power to hold lands and other prop- 
erty for the purpose aforesaid, and the same to purchase or take 
by donation or bequest : provided, hoivever, that the same shall 
never exceed the annual income of twenty thousand dollars ; and 
they may have a common seal, and the same may break and 
change at pleasure. 

Sect. 2. Be it further enacted, That there shall be an an- 
nual meeting of the society, for the choice of officers, and the 
transaction of such other business as may come before them at 
such time, and of which such notice shall be given, as shall be 
established by the by-laws, to be holden at such place in Boston 
as the directors herein after mentioned shall appoint. And at 
the said meeting shall be chosen by ballot, by the majority of the 
niembers present, not less than nine directors, who shall hold 
their offices for one year, and until others are chosen in their 
stead ; and they shall choose one of their own body to be presi- 
dent of the society, and two others to be respectively secretary 
and treasurer ; and in case of the death or resignation of either of 
said directors, or of the failure of the annual meeting, directors 
may be chosen in the manner aforesaid at any legal meeting of 
the society. 

Sect. 3. Be it further enacted, That the said society be, 
and they hereby are authorized and empowered to make and or- 
dain all needful rules, regulations and by-laws, for the government 
of their own proceedings, for the admission of new members, for 
defining the duties and powers of their own officers, and generally 
for the care and management of all the affairs of the institution : 
provided, hoicever, that nothing in said rules, regulations and by- 
laws shall be repugnant to the constitution and laws of this Com- 
monwealth : and provided, also, that no assent to the peculiarities 
of any denomination of Christians shall be required of the bene- 
ficiaries of said society, and that no discouragement be in any 



1831. Chap. 54—55. 129 

manner or form given to the serious, impartial and unbiassed 
investigation of Christian truth. 

Sect. 4. Be it further enacted, That it shall be lawful for Notice of first 
the present officers of the voluntary association, mentioned in '^®®^'"S- 
section first, to exercise the powers given to the like officers in 
this act, until the first annual meeting of the society, of which, 
public notice shall be given by the secretary, at least ten days 
before the time of such meeting. [^June 21, 1831.] 

An Act to establish the Boston and Taunton Rail-road Company. CflCif). 55. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That Cyrus Alger, Israel Thorndike, Thomas H. Persons incor- 
Perkins, David Sears, Solomon Willard, Nathan Hale, William P^'^'^'^' 
Prescott, Samuel A. Eliot, James K. Mills, Amos Atkinson, 
William Rollins, Samuel Crocker, Charles Richmond, and Ed- 
mund Dwight, their successors, associates and assigns, be, and 
they hereby are made a body politic and corporate, under the 
name of the " Boston and Taunton Rail-road Company ;" and 
by that name shall be, and hereby are made capable in law to Powers, 
sue, and to be sued, to final judgment and execution, plead and 
be impleaded, defend and be defended, in any courts of record, 
or in any other place whatever ; to make, have and use a com- 
mon 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 ef- 
fect the purposes and objects of this act, as herein after set forth. 
And the said corporation are hereby authorized and empowered 
to locate, construct and finally complete a rail-road, in such 
manner and form as they shall deem expedient, at or near die 
city of Boston, and thence to Taunton, in the county of Bristol, 
and from Taunton to any part of Taunton river at which the 
waters are navigable by vessels of heavy burden, with liberty to 
extend the same from Taunton to the line of the state in the 
direction of Providence, and thereon to transport persons and 
property by steam power or otherwise. 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, and stone and gravel, may take as 
much more land as may be necessary for the proper construction 
and security of said road : provided, hoivever, that all damages 
that may be occasioned to any person or corporation, by the 
taking of such land or materials for the purpose aforesaid, shall 
be paid for by said corporation in the manner herein after pro- 
vided. 

Sect. 2. Be it further enacted, That the capital stock of Capital stock, 
said corporation shall consist of ten thousand shares, of one bun- <l""ectors, &c. 
dred dollars each ; and the immediate government and direction 
of the affairs of the said corporation shall be vested in five direc- 
tors, who shall be chosen by the members of the corporation, in 
the manner hereinafter provided, and shall hold their offices until 

VOL. VII. 17 



130 



1831.- 



-Chap. 55. 



Assessments. 



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 transaction of business, shall elect one of their 
own number to be president of the board, who shall also be 
president of the corporation ; and shall have authority to choose 
a clerk, who shall be sworn to the faithful discharge of his duty, 
and a treasurer, who shall give bonds to the corporation, with 
sureties to the satisfaction of the directors, in a sum not less than 
twenty thousand dollars, for the faithful discharge of his trust. 
Powers of pres- Sect. 3. Be it further enacted, That the president and 
ident and direc- directors for the time being, are hereby authorized and empow- 
ered, by themselves or their agents, to exercise all the powers 
herein granted to the corporation, for the purpose of locating, 
constructing and completing said rail-road ; and all such other 
powers and authority for the management of the affairs of the 
corporation, not heretofore granted, as may be necessary and 
proper to carry into effect the object of this grant ; to purchase 
and hold land, materials, and other necessary things, in the name 
of the corporation, for the use of the said road ; to make such 
equal assessments from time to time, on all the shares in said 
corporation, as they may deem expedient and necessary in the 
execution and progress of the work, and direct the same to be 
paid to the treasurer of the corporation. And the treasurer shall 
give notice of all such assessments. And in case any subscriber 
shall neglect to pay his assessment, for the space of thirty days 
after due notice by the treasurer of said corporation, the directors 
may order the treasurer to sell such share or shares at public 
auction, after giving due notice thereof to the highest bidder, and 
the same shall be transferred to the purchaser. And such delin- 
quent subscriber shall be held accountable to the corporation for 
the balance, if his 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 assessments due, with interest, and the costs of 
sale : provided, however, that no assessments shall be laid upon 
any shares in said corporation, of a greater amount in the whole, 
than one hundred dollars on each share. 

Sect. 4. Be it further enacted, That the said corporation 
shall have power to make, ordain and establish all such by-laws, 
rules, regulations and ordinances, as they shall deem expedient 
and necessary to accomplish the designs and purposes, and to 
carry into effect the provisions of this act, and for the well or- 
dering, regulating and securing the interests and affairs of the 
corporation : provided, the same be not repugnant to the constitu- 
tion and laws of the Commonwealth. 

Sect. 5. Be it further enacted. That a toll be, and here- 
by is granted and established for the sole benefit of said corpo- 
ration, upon all passengers and property of all descriptions which 
may be conveyed or transported upon said road, at such rates per 
mile as may be agreed upon and established from time to time by 
the directors of said corporation. The transportation of per- 



Proviso. 



By-laws. 



Tolls. 



1831. Chap. 55. 131 

sons and property, the construction of wheels, the form of cars 
and carriages, the weight of loads, and all other matters and 
things in relation to the use of said road, shall be in confor- 
mity to such rules, regulations and provisions as the directors 
shall, from time to time, prescribe and direct, and said road 
may be used by any persons who shall comply with such rules 
and regulations : provided, however, that if, at the expiration of 
four years from and after the completion of said road, the net 
income or receipts from tolls and other profits, taking the four 
years aforesaid as the basis of calculation, shall have amounted 
to more than ten per cent, per annum upon the cost of the 
road, the Legislature may take measures to alter and reduce the 
rate of tolls and other profits, in such manner as to take off the 
overplus for the next four years, calculating the amount of 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. 

Sect. 6. Be it further enacted, That the directors of said ^"'^ of direct- 
corporation for the time being, are hereby authorized to erect 
toll-houses, establish gates, appoint toll-gatherers, and demand 
toll, upon the road, when completed, and upon such parts there- 
of as shall, from time to time, be completed, and they shall, from 
year to year, make a report to the secretary of the Commonwealth 
under oath, of their acts and doings, receipts and expenditures, 
under the provisions of this act ; and the books of the said corpora- 
tion shall at all times be open to the inspection of any committee 
of the Legislature appointed for that purpose. 

Sect. 7. Be it further enacted, That the said corporation Damages, 
shall be holden to pay all damages that may arise to any per- 
son or persons, corporation or corporations, by taking their land 
for said rail-road, when it cannot be obtained by voluntary agree- 
ment, to be estimated and recovered in the manner provided by 
law for the recovery of damages happening by the laying out 
of highways. 

Sect. 8. Be it further enacted, That when the lands or oth- Lands of per- 
er property or estate of any femme covert, infant, or person non ^°'^^non compos 
compos mentis, shall be necessary for the construction of said 
rail-road, the husband of such femme covert, and the guardian 
of such infant or person non compos mentis, may release all 
damages for any lands or estates, taken and appropriated as afore- 
said, as they might do, if the same were holden by them, in 
their own right respectively. 

Sect. 9. Be it further enacted, That if any person shall Penalty for ma- 
wilfully, maliciously, or wantonly, and contrary to law, obstruct ''^'ous injuries, 
the passage of any carriage on said rail-road, or in any manner 
spoil, injure or destroy said rail-road, or any part thereof, or any 
thing belonging thereto, or any materials or implements to be 
employed in the construction or for the use of the said road : he, 
she or they, or any person or persons, assisting, aiding or abet- 
ting in such trespass, shall forfeit and pay to said corporation, for 
every such offence treble such damages as shall be proved before 



132 1831. Chap. 55. 

the justice, court or jury, before whom the trial shall be had ; 
to be sued for and recovered before any justice, or any court 
proper to try the same, by the treasurer of the corporation or 
other officer, whom they may direct, to the use of said corpora- 
tion. And such offender or offenders shall be liable to indict- 
ment by the grand inquest, for the county within which such 
trespass shall have been committed, for any offence or offences, 
contrary to the above provisions, and, on conviction thereof, 
before any court of common pleas, to be holden in said county, 
shall pay a fine not exceeding one hundred dollars, and not less 
than thirty 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. 
Annual meet- Sect. 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 directors 
Right of voting, shall be chosen by ballot, each proprietor being entitled to as 
many votes as he hold 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 Columbian Reporter, published in Taunton, of the time, 
place and purpose of such meeting, at least ten days before the 
time mentioned in such notice. 
How rail-road Sect. 11. Be it further enacted. That if the said rail-road, 
^truc ted across '" ^^^ course thereof, shall cross any private way, the said cor- 
privateandpub- poration shall SO construct said rail-road as not to obstruct the 
he ways. ggj-g g,-,j convenient use of said private way ; and if said rail- 

road shall not be so constructed, the party aggrieved shall be en- 
titled to his action on the case in any court proper to try the 
same, and shall recover his reasonable damages for such injury ; 
and if the said rail-road shall, in the course thereof, cross any 
canal, turnpike or other highway, the said rail-road shall be so 
constructed as not to impede or obstruct the safe and 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, 
Alterations, may Conveniently pass over or under the same. And if said 
how made. corporation shall raise or lower any such turnpike, highway or 
private way, pursuant thereto, and shall not so lower or raise 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 se- 
lectmen may require in writing of said corporation, such altera- 
tion or amendment as they may think necessary. And if the 
required alteration or amendment, in the written opinion of the 
county commissioners of the county where such alteration or 
amendment is proposed, be reasonable and proper, and the said 
corporation shall unnecessarily and unreasonably neglect to make 



1831. Chap, 55. 133 

the same, such proprietors or selectmen, as the case may be, 
may proceed to make such aUeration 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 
damage for all charges, disbursements, labor and services, occa- 
sioned by making such alteration or amendments, with costs of 
suit. 

Sect. 12. Be it further enacted, That no other rail-road Restrictions on 
than the one hereby granted shall, within thirty years from and °^^^^^ rail-roads. 
after the passing of this act, be authorized to be made, leading 
from Boston, Roxbury or Dorchester, to Taunton, or from Bos- 
ton, Roxbury or Dorchester, to any place within five miles of 
the point where the rail-road hereby authorized to be made shall 
meet the deep water of Taunton river or Mount Hope bay : 
provided^ that the state may authorize any company to enter with 
another rail-road at any point of said Boston and Taunton rail- 
road, paying Jbr the right to use the same, or any part thereof, 
such a rate of toll as the Legislature may from time to time pre- 
scribe, and complying with such rules and regulations as may 
be established by said Boston and Taunton rail-road corporation, 
by virtue of the fifth section of this act : provided, also, that it Commonwealth 
shall be in the power of the government, at any time during the may purchase 
continuance of the charter hereby granted, after the expiration of 
twenty years from the opening for use of the rail-road herein 
provided to be made, to purchase of the said corporation the 
said rail-road, and all the franchise, property, rights and privileges 
of the said corporation, on paying tlierefor 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 cent, per annum thereon, that shall have been 
received by the stockholders ; and after such purchase, the limi- 
tation provided in this section shall cease, and be of no effect. 

Sect. 13. Be it further enacted, That if the amount of Conditions of 
stock for said rail-road shall not have been subscribed, the com- 'his act. 
pany organized and the location of the route filed with the coun- [Time extended 
ly commissioners of the counties of Norfolk and Bristol, previ- ^^^^ *^''- ^^^'^ 
ous to the first day of January, in the year of our Lord one 
thousand eight hundred and thirty-three, or if the said stock shall 
have been subscribed, the company organized and the location 
made as aforesaid, but the said corporation shall fail to complete 
the said rail-road on or before the first day of January, one thous- 
and eight hundred and thirty-six, in either of the before mention- 
ed cases this act shall be null and void, otherwise shall remain in 
full force until the Legislature shall purchase said rail-road as 
aforesaid. 

Sect. 14. Be it further enacted, That said rail-road com- Bridges, 
pany shall constantly maintain, in good repair, all bridges, with 
their abutments and embankments, which they may construct for 



134 



1831.- 



-Chap. 55 — 56. 



New bridge not 
to be construct- 
ed over Boston 
harbor. 

EstablisluTient 
of southern ter- 
minus. 



the purpose of passing their rail-road over any canal, turnpike or 
other highway, or any private way ; or of passing such private 
way, turnpike or other highway over said rail-road. 

Sect. 15. Be it further enacted, That nothing contained 
in this act shall be so construed, as giving authority to erect a 
new bridge over the waters of Boston harbor, or of placing any 
obstruction therein. 

Sect. 16. Be it further enacted, That the general loca- 
tion and southern terminus of said rail-road shall be fixed and es- 
tablished by three commissioners, to be appointed by the govern- 
or and council, and paid by said corporation, and said commis- 
sioners shall determine and locate said southern terminus at some 
convenient place on Taunton river or Mount Hope bay, where 
it will best promote the public interest. [^June 22, 1831.] Add. 
act, 1832 ch. 107. 



ChttJJt 5G, ■'^" ^^'^ '° incorporate the Boston and Providence Rail-road Corporation. 



Persons incor- 
porated. 



Location, con- 
struction and 
completion of 
rail road. 



Proviso. 



Capital stock, 
directors, &c. 

[Capital in- 
creased 1835 
ch. 102: 1836 
ch. 254.] 



Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same, That John Bryant, Joseph W. Revere, George 
Hallet and Benjamin R. Nichols, their associates, successors 
and assigns, be, and they hereby are made a body politic and 
corporate, under the name of the " Boston and Providence 
Rail-road Corporation," and by that name shall be, and hereby 
are made capable in law to sue and be sued to final judgment 
and execution, plead and be impleaded, defend and be defended, 
in any courts of record or in any other place whatever ; to 
make, have and use a common seal, and the same to break, re- 
new 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, construct and finally 
complete a rail-road, beginning at or near the city of Boston, 
and thence to the line of this Commonwealth in Pawtucket or 
Seekonk, in the direction to Providence, in the state of Rhode 
Island, in such manner and form as they shall deem most expe- 
dient ; 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 and ob- 
taining stone and gravel, may take 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 materials 
for the purpose aforesaid, shall be paid for by said corporation in 
the manner herein after provided. 

Sect. 2. Be it further enacted, That the capital stock of 
said corporation shall consist of ten thousand shares, of one 
hundred dollars each. The immediate government and direction 
of the affairs of said corporation shall be vested in five directors, 
who shall be chosen by the members of the corporation in the 



1831. Chap. 56. 135 

manner herein after provided, who shall hold their offices for one 
year, and 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 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 said directors 
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 one or more sureties to the satis- 
faction of the directors, in a sum not less than twenty thousand 
dollars, for the faithful discharge of his trust. 

Sect. 3. Be it further enacted^ That the president and Powers of pres- 
directors for the time being are hereby authorized and empower- lo^g" 
ed, by themselves or their agents, to exercise all the powers 
herein granted to the corporation, for the purpose of locating, 
constructing and completing said rail-road, and all such other 
powers and authority for the management of the affairs of the 
corporation, not heretofore granted, as may be necessary and 
proper to carry into effect the objects of this grant; to purchase 
and hold land, materials, and other necessary things, in the name 
of the corporation, for the use of the said road ; to make such Assessments, 
equal assessments, 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 treasurer of the corporation ; and the treasurer shall 
give notice of all such assessments. And in case any subscriber Proceeding's in 
shall neglect to pay his assessment for the space of thirty days [^o ply'^a^sfss-' 
after due notice by the treasurer of said corporation, the directors ments. 
may order the treasurer to sell such share or shares at public auc- 
tion, after giving due notice thereof, to the highest bidder, and 
the same shall be transferred to the purchaser. And such delin- 
quent subscriber shall be held accountable to the corporation for 
the balance, if his share or shares shall sell for less than the as- 
sessments 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 the interest and cost of 
sale. Provided, however, that no assessment shall be laid upon 
any shares in said corporation, of a greater amount in the whole 
than one hundred dollars on each share. 

Sect. 4. Be it further enacted, That the said corporation By.iaws. 
shall have power to make, ordain and establish all such by-laws, 
rules, regulations and ordinances as they shall deem expedient 
and necessary to accomplish the designs and purposes, and to 
carry into effect the provisions of this act, and for the well order- 
ing, regulating and securing the interests and affairs of the corpo- 
ration : provided, the same be not repugnant to the constitution 
and laws of the Commonwealth. 

Sect. 5. Be it further enacted. That a toll be, and hereby Tolls. 
is granted and established, for the sole benefit of said corporation, 
on all passengers and property of all descriptions, which may be 
conveyed or transported upon said road, at such rates per mile 



136 



1831.- 



-Chap. 56. 



Tolls may be re- 
duced by the 
Legislature. 



Toll-houses, 
gates, &c. 



Report to the 
Legislature. 



Damages. 



Lands of mar- 
ried women, 

&.C. 



Penalties for 
malicious inju- 



as may be agreed upon and established, from time to time, by 
the directors of said corporation. The transportation of persons 
and property, the construction of wheels, the form of cars and 
carriages, the 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 : pro- 
vided, however, that if at the expiration of four years from and 
after the completion of said road 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, the Legislature 
may take measures to alter and reduce the rate of tolls and other 
profits, in such manner as to take off the overplus for the next 
four years, calculating the amount of transportation upon the road 
to be the same as the four preceding years ; and at the expiration 
of every four years thereafter the same proceedings may be had, 
and the rate of tolls may be raised, in case the net receipts shall 
have been less than ten percent, during the preceding four years. 

Sect. 6. Be it further enacted, That the directors of said 
corporation, for the time being, are hereby authorized to erect toll- 
houses, establish gates, appoint toll-gatherers, and demand toll, 
upon the road when completed, and upon such parts thereof as 
shall from time to time be completed ; and they shall, from year 
to year, make a report to the Legislature, under oath, of their 
acts and doings, receipts and expenditures, under the provisions 
of this act ; and their books shall at all times be open to the in- 
spection of any committee of the Legislature appointed for that 
purpose ; and if said corporation shall unreasonably neglect or 
refuse to make such report, at the expiration of every year after 
the opening of said rail-road, for every such neglect or refusal, 
they shall forfeit and pay, to the use o^ the Commonwealth, a 
sum not exceeding ten thousand dollars, to be recovered by ac- 
tion or indictment, in any court of competent jurisdiction. 

Sf.ct. 7. Be it further enacted, That the said corporation 
shall be holden to pay all damages that may arise to any person 
or persons, corporation or corporations, by taking their land for 
said rail-road, when it cannot be obtained by voluntary agreement, 
to be estimated and recovered in the manner provided by law for 
the recovery of damages happening by the laying out of highways. 

Sect. 8. Be it further enacted. That when the lands or 
other property or estate of any married woman, infant, or person 
non compos mentis, shall be necessary for the construction of said 
rail-road, the husband of such married woman, and the guardian 
of such infant or person non compos mentis, may release all dam- 
ages in relation to the lands or estates, to be taken and appropri- 
ated as aforesaid, as they might do if the same were holden by 
them in their own right respectively. 

Sect. 9. Be it further enacted. That if any person shall 
wilfully, maliciously, or wantonly, and contrary 'to law, obstruct 
the passage of any carriage on said rail-road, or in any way spoil, 



1831. Chap. 56. 137 

injure or destroy said rail-road, or any part thereof, or any thing 
belonging thereto, or any materials or implements to be employed 
in the construction or for the use of said road ; he, she or they, 
or any person or persons assisting, aiding or abetting in such 
trespass, shall forfeit and pay to said corporation, for every such 
offence treble such damages as shall be proved before the justice, 
court or jury, before whom the trial shall be had ; to be sued for 
and recovered before any justice, or in any court proper to try 
the same, by the treasurer of the corporation, or other officer 
whom they may direct, to the use of said corporation. And 
such offender or offenders shall be liable to indictment by the 
grand inquest for the county within which such trespass shall have 
been committed, for any offence or offences, contrary to the 
above provisions, and on conviction thereof 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 be- 
fore whom the conviction may be had. 

Sect. 10. Be it further enacted, That the annual meeting Annual meei- 
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 directors 
shall be chosen by ballot, each proprietor 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 named in this act, or any two of them, are hereby au- 
thorized to call the first meeting of said corporation, by giving 
notice in two daily newspapers published in Boston, and two 
papers in Dedham, of the time, place and purpose of such meet- 
ing, at least ten days before the time mentioned in such notice. 

Sect. 11. Be it further enacted, That if the said rail-road. Construction of 
in the course thereof, shall cross any private way, the said cor- any highw^ay^or 
poration shall so construct said rail-road as not to obstruct the private way. 
safe and convenient use of such 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 injury ; and, if the 
said rail-road shall, in the course thereof, cross any canal, turn- 
pike, or other highway, the said rail-road shall be so construct- 
ed as not to impede or obstruct the safe and convenient use of 
such canal, turnpike, or other highway. And the said corpora- 
tion shall have the power to raise or lower such turnpike, high- 
way, or private way, 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, highway, or private 
way pursuant thereto, and shall not so raise or lower the same as 
to be satisfactory to the proprietors of such turnpike, or to the 
selectmen of the town or towns in which said highway or private 
way may be situated, as the case may be, said proprietors or 
selectmen may require, in writing, of said corporation, such alter- 

VOL. vii. 18 



138 



1831.- 



-Chap. 56. 



Alterations, 
how made. 



Restrictions on 
other rail-roads. 



Proviso. 



Commonwealth 
may purchase 
franchise. 



Conditions of 
this act. 



[Further time 
allowed, 1832 
ch. 74.] 



ation or amendment as they may think necessary ; and, if the re- 
quired amendment or alteration be reasonable and proper in the 
written opinion of a majority of the commissioners of the county 
in which such amendment or alteration shall be required, 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 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 therein recover a reasonable indem- 
nity in damages, for all charges, disbursements, labor, and servi- 
ces occasioned by making such alteration or amendment, with 
costs of suit. 

Sect. 12. Be it further enacted, That no other rail-road, 
than the one hereby granted, shall, within thirty years from and 
after passing this act, be authorized to be made, leading from 
Boston to any place within five miles of the southern termination 
of the rail-road hereby authorized to be made : provided^ the 
state may authorize any company to enter with another rail-road 
at any point of said Boston and Providence 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 com- 
plying with such rules and regulations as may be established by 
said Boston and Providence Rail-road Corporation by virtue 
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 twenty years 
from the opening for use of the rail-road herein provided to be 
made, to purchase of the said corporation the said rail-road, and 
all the franchise, property, rights and privileges of the said cor- 
poration, on paying therefor the amount expended in making the 
said rail-road, and the expenses of repairs, and all other expen- 
ses relating thereto, with interest thereon at the rate of ten per 
cent, per annum, deducting all sums received by the corpora- 
tion from tolls or any other source of profit, and interest at the 
rate of ten per cent, per annum thereon, that shall have been 
received by the stockholders ; and, after such purchase, the 
limitation provided in this section shall cease, and be of no ef- 
fect. 

Sect. 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 the first day of Janu- 
ary, in the year of our Lord one thousand eight hundred and 
thirty-three ; 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-six, in either of the before mentioned ca^es, this act shall 



1831. Chap. 56—57. 139 

be void, and of no effect, otherwise shall remain in full force 
until the Commonwealth shall purchase said rail-road as aforesaid. 

Sect. 14. Be it further enacted, That said rail-road com- Bridges, 
pany shall constantly maintain, in good repair, all bridges, with 
their abutments and embankments, which they may construct for 
the purpose of passing their rail-road over any canal, turnpike or 
other highway, or private way ; or of passing such private way, 
turnpike or other highway, over said rail-road. 

Sect. 15. Be it further enacted, That nothing contained No new bridge 
in this act shall be so construed as giving authority to erect a new o'ver' Bosioif 
bridge over the waters of Boston harbor, or of placing any ob- iiarbor. 
struction therein. [June 22, 1831.] Add. acts, 1832 ch. 74: 
1833 ch. 5 : 1834 ch. 171 : 1835 ch. 46, 102: 1836 ch. 254. 

An Act to establish the Boston and Ontario Rail -road Corporation. CflCt'Dt 57« 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority of 
the same, That William Sturgis, Amos Binney, Henry Wil- Persons incor- 
liams, George Bond, Samuel Whitwell, Luther Faulkner, Henry P"'^^^®'*- 
H. Fuller, Jonas B. Brown, Pliny Cutler, George Hallet, 
Winslow Wright, Nathaniel Hammond, Joseph T. Buckingham, 
James K. Mills, Eliphalet Williams, John P. Bigelow, George 
Morey, Ward Jackson, Henry Rice, Cornelius Coolidge, 
Thomas R. Sewall, John Brown, Jonathan Whitney, David 
Moody, William Parker, Isaac Danforth, Daniel Hastings, E. 
A. and W. Winchester, Reuben Richards, Jr., John G. 
Thompson, A. Chandler, Thomas B. Wales, William Dehon, 
and Andrew Dunlap, their associates, successors and assigns, 
be, and they hereby are made a body politic and corporate, un- 
der the name of the "Boston and Ontario Rail-road Corpora- 
tion ;" and by that name shaH be, and hereby are made capable Powers and 
in law, to sue and to be sued to final judgment and execution, P^^^'eges. 
plead and be impleaded, defend and be defended, in any court of 
record, or in any other place whatever ; to make, have and use 
a common seal, and the same to break, renew or alter at plea- 
sure ; and shall be and hereby are vested with all the powers, 
privileges and immunities which are or may be necessary to carry 
into effect the purposes and objects of this act, as herein after set 
forth. And the said corporation are hereby authorized and em- 
powered to locate, construct, and finally complete a rail-road, 
beginning at any point in or near the town of Lowell, in the 
county of Middlesex, and running thence to the northerly or 
westerly line of the Commonwealth, 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, not exceed- 
ing six rods wide through the whole length ; and for the purpose 
of cuttings, embankments, and stone and gravel, may take 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 materials for the purposes aforesaid, shall 
be paid for by said corporation, in the manner herein after pro- 
vided. 



uo 



1831.- 



•Chap. 57. 



Capital stock, 
directors, &c. 



Powers of the 
president and 
directors. 



Assessments. 



Proceedings in 
case of neglect 
to pay assess- 
ments. 



Proviso. 



By-laws. 



Sect. 2. Be it further enacted, That the capita] stock of 
said corporation shall consist of four thousand shares, and the 
immediate government and direction of the affairs of the said 
corporation shall be vested in a board of not less than five direc- 
tors, who shall be chosen by the members of the corporation, in 
the manner hereafter provided, and shall hold their offices un- 
til 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 transaction of business, shall elect one of 
their own number to be president of the board, who shall also be 
president of the corporation ; and shall have authority to choose 
a clerk, who shall be sworn to the faithful discharge of his duty ; 
and a treasurer, who shall give bonds to the corporation with 
sureties to the satisfaction of the directors, in a sum not less than 
twenty thousand dollars, for the faithful discharge of his trust. 

Sect. 3. Be it further enacted, That the president and di- 
rectors for the time being are hereby authorized and empowered, 
by themselves or their agents, to exercise all the powers herein 
granted to the corporation, for the purposes of locating, con- 
structing and completing said rail-road ; and for the transportation 
of persons, goods and merchandize thereon ; 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, engines, cars and other necessary 
things, in the name of the corporation, for the use of said road, 
and for the transportation of persons, goods and merchandize ; 
to make such equal assessments, from time to time, on all the 
shares in said corporation, as they may deem expedient and ne- 
cessary in the execution and progress of the work, and direct 
the same to be paid to the treasurer of the corporation ; and the 
treasurer shall give notice of all such assessments. And in case 
any subscriber shall neglect to pay his assessment for the space 
of thirty days after due notice by the treasurer of said corpora- 
tion, the directors may order the treasurer to sell such share or 
shares at public auction, after giving due notice thereof, to the 
highest bidder, and the same shall be transferred to the purcha- 
ser. And such delinquent subscriber shall be held accountable 
to the corporation for the balance, if his share or shares shall sell 
for less than the assessments due thereon, with interest and costs 
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 costs of sale : provided, however, that no assessments 
shall be laid upon any shares in said corporation, of a greater 
amount in the whole than one hundred dollars on each share. 

Sect. 4. Be it further enacted, That the said corporation 
shall have power to make, ordain and establish all such by-laws, 
rules, regulations and ordinances as they shall deem expedient 
and necessary to accomplish the designs and purposes, and to 
carry into effect the provisions of this act, and for the well or- 
dering, regulating and securing the interests and affairs of the 



1831. Chap. 57. 141 

corporation : provided, the same be not repugnant to the consti- 
tution and laws of the CommonweaUh. 

Sect. 5. Be it further enacted, That a toll be, and hereby Tolls, 
is granted and established, for the sole benefit of said corpora- 
tion, upon all passengers and property of all descriptions, which 
may be conveyed or transported upon said road, at such rates 
per mile as may be agreed upon and established, from time to 
time, by the directors of said corporation. The transportation 
of persons and property, the construction of wheels, the forms 
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 conform- 
ity to such rules, regulations and provisions as the directors shall, 
from time to time, prescribe and direct ; and said road may be 
used by any persons who shall comply with such rules and regu- 
lations : provided, hoivever, that if, at the expiration of ten years 
from and after the completion of said road, the net income or 
receipts from tolls, and other profits, taking the ten years afore- 
said as the basis of calculation, shall have amounted to more than 
ten per cent, per annum upon the cost of the road, then the Rate of loii may 
Legislature may take measures to alter and reduce the rate of ^^ altered, 
tolls, and other profits, in such manner as to take ofi' the over- 
plus for the next ten years, calculating the amount of transporta- 
tion upon the road to be the same as the ten preceding years ; 
and at the expiration of every ten years thereafter the same pro- 
ceedings may be had : provided, further, that the Legislature 
shall not, at any time, so reduce said tolls, and other profits, as 
to produce less than ten per centum per annum upon the cost of 
said road, without the consent of said corporation. 

Sect. 6. Be it further enacted. That the directors of said Gates, &c. and 
corporation, for the time being, are hereby authorized to erect Le°isf i^""*^ 
toll-houses, establish gates, appoint toll-gatherers, and demand 
toll upon the road when completed, and upon such parts thereof 
as shall, from time to time, be completed ; and they shall, from 
year to year, make a report to the Legislature, under oath, of 
their acts and doings, receipts and expenditures, under the pro- 
visions of this act ; and their books shall at all times be open to 
the inspection of any committee of the Legislature appointed for 
that purpose ; and if said corporation shall unreasonably neglect 
or refuse to make such report, at the expiration of every year 
after the opening of said rail-road, for every such neglect or re- 
fusal they shall forfeit and pay, to the use of the Commonwealth, 
a sum not exceeding ten thousand dollars, to be recovered by 
action or indictment, in any court of competent jurisdiction. 

Sect. 7. Be it further enacted, That the said corporation Damages, 
shall be holden to pay all damages that may arise to any person 
or persons, corporation or corporations, by taking their land for 
said rail-road, when it cannot be obtained by voluntary agreement, 
to be estimated and recovered in the manner provided by law for 
the recovery of damages happening by the laying out of high- 
ways. 

Sect. 8. Be it further enacted, That when the lands or 



14^ 



1831.- 



-Chap. 57. 



Lands of per- 
sons non compos 
meritis, &.C. 



Penalties for 
malicious inju- 
ries. 



Annual meet- 



Riffhl of votinff. 



How rail-road 
shall be con- 
structed across 
private or pub- 
lic ways. 



Other property or estate of anyfemme covert, infant or person 
non compos mentis, shall be necessary for the construction of 
said rail-road, the husband of such femme covert, and the guardian 
of such infant or person non compos mentis, may release all dam- 
ages for any land or estates taken and appropriated as aforesaid, 
as they might do if the same were holden by them in their own 
right respectively. 

Sect. 9. Be it further enacted, That if any person shall 
wilfully, maliciously or wantonly, and contrary to law, obstruct 
the passage of any carriage on said rail-road, or in any way spoil, 
injure or destroy said rail-road, or any part thereof, or any thing 
belonging thereto, or any material or implements to be employed 
in the construction or for the use of said road, he, she or they, 
or any person or persons assisting, aiding or abetting in such 
trespass, shall forfeit and pay to said corporation, for every such 
offence, treble such damages as shall be proved before the jus- 
tice, court or jury before whom the trial shall be had : to be 
sued for and recovered before any justice, or in any court proper 
to try the same, by the treasurer of the corporation, or other 
officer whom they may direct, to the use of said corporation. 
And such offender or offenders shall be liable to indictment by 
the grand inquest for the county within which such trespass shall 
have been committed, for any offence or offences contrary to the 
above provisions, and on conviction thereof before any court of 
competent jurisdiction to try the same, shall pay a fine not ex- 
ceeding one hundred dollars and not less than thirty dollars, to 
the use of the Commonwealth, or may be imprisoned for a term 
not exceeding one year, at the discretion of the court before 
whom the conviction may be had. 

Sect. 10. Be it further enacted. That the annual meeting 
of the members of said corporation shall be holden on the first 
Wednesday of July, at such time and place as the directors, for 
the time being, shall appoint ; at which meeting the directors 
shall be chosen, by ballot, each proprietor being entitled to as 
many votes as he holds shares : provided they do not amount to 
more than one tenth 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 
Lowell Journal, published in Lowell, of the time, place and 
purpose of such meeting, at least ten days before the time men- 
tioned in such notice. 

Sect. 11. Be it further enacted. That if the said rail-road 
should in the course thereof cross any private way, the said cor- 
poration shall so construct said rail-road, as not to obstruct the 
safe and convenient use of such private way, and if said rail-road 
shall not be so constructed, the party aggrieved shall be entitled 
to his action on the case in any court proper to try the same, and 
shall recover 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 



1831. Chap. 57. 143 

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 conveniently 
pass under or over the same. And if said corporation shall raise 
or lower any such turnpike, highway or private way, pursuant 
thereto, and shall not so raise or lower the same as to be satisfac- 
tory 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 amendments as 
they may think necessary ; and if the required amendment or 
alteration be reasonable and proper in the written opinion of the 
county commissioners for the county in which such alteration or 
amendment shall be required, 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 prose- 
cute to final judgment and execution, in any court proper to try 
the same, any action of the case against said corporation, and 
shall therein recover a reasonable indemnity in damages, for all 
charges, disbursements, labor and services occasioned by making 
such alteration or amendments, with costs of suit. 

Sect. 12. Be it further enacted, That said Boston and On- Corporation 
tario Rail-road Corporation shall have a right to enter upon and jBos,o"n ^nd^ 
use the rail-road hereafter to be constructed by the Boston and Lowell rail- 
Lowell Rail-road Corporation, paying therefor such a rate of toll ""oad, &c. 
as the Legislature may, from time to time, prescribe, and comply- 
ing with such rules and regulations, as may be established by said 
Boston and Lowell Rail-road Corporation, agreeably to the act 
incorporating the same. And no other lail-road, than the one 
hereby granted, shall, within thirty years from the passing of this 
act, be authorized to be made, leading from said Lowell, or from 
Dracut or Chelmsford, in the county of Middlesex, to any place 
within five miles of the northern or western termination of the 
rail-road hereby granted. 

Sect. 13. Be it further enacted, That the said Boston and Rail-road may 
Ontario Rail-road Corporation shall have full power and authoritv .^.^ extended 

II • 1 -1 I /- 11- /■ 1 • i-. 7 .' Uirough other 

to extend the said rail-road irom the line oi this Commonwealth, states, 
within and through the states of New Hampshire, Vermont and 
New- York, or either of them, whenever the said states or either 
of them shall have granted to said corporation power and authority 
so to do ; and for that purpose said corporation may have and 
receive from said states, or either of them, the power and author- 
ity so to extend said rail-road, with such reasonable and proper 
restrictions, qualifications and conditions, as may be required by 
said states, or either of them, and agreed to by the stockholders 
of said corporation, at a meeting duly called for that purpose. 
And to enable said corporation so to extend said rail-road, the 
capital stock of said corporation may be increased and enlarged 
by new shares, so far as may be necessary to defray the expense 



144 



1831.. 



-Chap. 57—60. 



Special meet- 
ings. 



Conditions of 
this act. 



Bridges. 



of SO extending said rail-road through said states, or either of 
them, and other charges and expenses incident thereto. 

Sect. 14. Be it further enacted, That the president and di- 
rectors may call special meetings of the stockholders, for such 
purposes, and at such times and places as they may judge expe- 
dient, giving notice thereof in such manner as the corporation, 
by their by-laws, shall prescribe, at least ten days previously to 
the time of said meeting. And assessments may be laid and col- 
lected upon such shares as are subscribed for, at any time before 
the whole stock and shares shall be subscribed for and taken up. 

Sect. 15. Be it further enacted, That if said corporation 
shall not have been organized, and the location of the route of 
said rail-road filed with the county commissioners for the county 
of Middlesex, previously to the first day of September, in the 
year of our Lord one thousand eight hundred and thirty-three ; 
or if the said corporation shall fail to complete the said rail-road 
on or before the first day of September, in the year of our Lord 
one thousand eight hundred and thirty-six ; in either of said cases 
this act shall be null and void. 

Sect. 16. Be it further enacted. That said rail-road compa- 
ny shall constantly maintain, in good repair, all bridges, with their 
abutments and embankments, which they may construct for the 
purpose of passing their rail-road over any canal, turnpike or 
other highway, or any private way ; or for passing such private 
way, turnpike, or other highway, over said rail-road. [June 22, 
1831.] 



Chap. 58. 



1822 cii. 44. 



An Act in addition to an Act to establish the Taunton Manufacturing Company. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
Additional That it shall be lawful for the Taunton Manufacturing Company 
powers granted, jq carry On the business of bleaching, and of printing cottons, 
muslins and silks, and also to hold real estate, not exceeding the 
value of two hundred thousand dollars, and personal estate, not 
exceeding two hundred thousand dollars, in addition to the estate 
of which they are now permitted by law to be seized and pos- 
sessed. [June 22, 1831.] 

C^hflTI 60 An Act to incorporate the New England Iron Works. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same. That Moses Whiting and Lincoln Newton, second, 
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 New England Iron 
Works, for the purpose of manufacturing and working iron, steel 
and other metals, and machinery, and using and improving the 
same, and carrying on the business thereof at Boston, in the 
Powers and du- county of Suffolk ; and for this purpose shall have all the powers 
"*'^- and privileges, and shall be subject to all the duties and require- 

ments, contained and provided in an act, passed on the twenty- 
third day of February, in the year of our Lord one thousand 



Perjons incor 
porated. 



1831. Chap. 60—63. 145 

eight hundred and thirty, entitled " an act defining the general 1829 ch. 53. 
powers and duties of manufacturing corporations." 

Sect. 2. Be it further enacted, That said corporation may Real and per- 
take and hold such real estate, not exceeding in value the sum of *°"*' estate. 
one hundred thousand dollars, and such personal estate, not ex- 
ceeding in value two hundred thousand dollars, as may be suita- 
ble and convenient for carrying on the business and manufacture 
aforesaid. [June 22, 1 83 1.'] 

An Act to incorporate the Boston Porcelain Company. K^flCtt), Dl. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That Willard Badger and Augustus H. Fiske, together Persons incor- 
with such other persons as may become associates with them, P°''^'® • 
their successors and assigns, be, and they hereby are created a 
body corporate, by the name of the Boston Porcelain Company; 
for the purpose of working and manufacturing porcelain, bricks, 
pottery or earthern ware, and machinery, and improving the 
same, and carrying on the business thereof, at Boston, in the 
county of Suffolk ; and for this purpose shall have all the powers Powers and 
and privileges, and shall be subject to all the duties and require- '^"''^^• 
ments, contained and provided 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 generaM829 ch. 53. 
powers and duties of manufacturing corporations." 

Sect. 2. Be it further enacted, That said corporation may Real and per- 
take and hold such real estate, not exceeding in value the sum of ^°"^ estate. 
one hundred thousand dollars, and such personal estate, not ex- 
ceeding in value two hundred thousand dollars, as may be suita- 
ble and convenient for carrying on the business and manufacture 
aforesaid. [Jwne 22, 1831.] 

An Act to incorporate the American Society for encouraging the settlement of the ChciiJ G3 
Oregon Territory. -i * 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same, That John McNiel and John L. Blake, their asso- Persons incor- 
ciates and successors, be, and they hereby are incorporated and po''ated. 
made a body politic, by the name of the American Society for 
encouraging the settlement of the Oregon Territory ; and by 
that name may sue and be sued, in all actions, real, personal and 
mixed, and prosecute and defend the same to final judgment. 

Sect. 2. Be it further enacted. That said society, in their Personal estate, 
corporate capacity, and their successors, may have a common 
seal, which they may alter at pleasure, and may take, receive, 
have and hold personal estate, to an amount, the yearly income 
of which shall not exceed twelve thousand dollars : provided, 
however, that nothing herein contained shall enable said corpora- 
tion to make any disposition of their funds, which shall not be a 
faithfiil appropriation to the aforesaid purpose of encouraging the 
settlement of the said territory. 

Sect. 3. Be it further enacted. That said society may Officers. 

VOL. VII. 19 



146 1831. Chap. 63—65. 

annually choose, by ballot, a president, two vice presidents, a 
board of directors, a corresponding secretary, recording secreta- 
ry, a treasurer, and such other officers as may be necessary, 
and they may prescribe and define the duties of said officers, and 
in case of vacancy by death, resignation or otherwise, it may be 
filled at any legal meeting of said society ; and the treasurer shall 
give bond, with sufficient surety or sureties, for the faithful per- 
formance of the duties of his office. 
By-laws. Sect. 4. Be it further enacted, That said corporation shall 

have power to make such by-laws, rules and regulations, for call- 
ing their meetings, and for the management of their property and 
concerns, as they shall deem expedient : provided, the same are 
not repugnant to the laws of this Commonwealth, or of the Uni- 
ted States. 
Deeds, &c. Sect. 5. Be it further enacted, That all contracts, deeds, 

certificates, commissions, and other instruments, which said cor- 
poration may lawfully make or execute, when signed by the 
president, and countersigned by the recording secretary, and 
sealed with the common seal, shall be valid in law to all intents 
and purposes. 
First annual Sect. 6. Be it further enacted, That the first annual meet- 

meeting, j^g of said society may be called by John L. Blake, within thirty 

days from and after the passing of this act, by publishing a notice 
of the time and place of said meeting in one of the daily papers 
in the city of Boston, ten days previous to the time of said 
meeting. [June 22, 1831.] 

ChdV. 65 ■'^'^ ^^"^ in addition to " An Act to regulate the administration of justice within the 
-t * * county of Suflblk, and for other purposes." 

ch. 109. Sect. 1 . BE it enacted by the Senate and House of Repre- 

sentatives, in General Court assembled, and by the authority of 
Conditions of the samc, That the connection which by law now subsists be- 
be^tweenChei- tween the city of Boston and the town of Chelsea, shall continue 
sea and Boston, upon the following conditions, that is to say — First : The said 
town of Chelsea shall, by good and sufficient deeds, assign and 
release to the said city of Boston, all right, title and interest in 
and to all the real estate and personal estate now belonging, or 
any time heretofore deemed and taken to belong to the county 
of Suffolk, and shall also relinquish to the said city of Boston, 
the exclusive care, management, jurisdiction and regulation of 
the court-houses, jails, house of correction, and all other lands, 
buildings and establishments, deemed county property, or in 
which the said county of Suffolk claims, or has claimed or exer- 
cised any care, management, jurisdiction or regulation as afore- 
said. Secondly : That the said city of Boston shall be at liberty 
to apply, from time to time, to the Legislature, for any altera- 
tions in the laws establishing and regulating county, municipal or 
police courts, or respecting the administration of justice, which 
the said city of Boston shall think expedient, without any let, 
hindrance, interference or claim of right, by the said town of 
Chelsea, before the Legislature or otherwise '.^provided, alioays, 
that some court or courts, within the said city of Boston, shall 



1831. Chap. 65—67. 147 

have jurisdiction in all matters and things, which, in relation to 
the town of Chelsea, or the inhabitants thereof, were cognizable 
by the court of common pleas, or by the court of sessions in the 
county of Suffolk, before the passing of the act to which this {is] 
in addition. Thirdly : That the said town of Chelsea may, at 
any time, apply to the Legislature to be set off from said county 
of Suffolk to any other county, without opposition from the said 
city of Boston. 

Sect. 2. Be it further enacted^ That this act shall continue Howiongthis 
and be in force, so far as respects the connection aforesaid, be- rate^^^" °''^" 
tween the said city of Boston and the said town of Chelsea, for 
the space of twenty years, and thence afterwards until the same 
shall be altered by the Legislature, unless the said town of Chel- 
sea shall, in the mean time, apply to the Legislature, and be set 
off as aforesaid : provided, however, that the rights of property Proviso, 
which shall be acquired by the said city of Boston, under this 
act, shall nevertheless remain forever vested in the said city of 
Boston. 

Sect. 3. Be it further enacted, That this act shall take When this act 
effect whenever the said town of Chelsea, at any town-meeting shall take effect, 
legally assembled, shall accept the same ; and from the time of 
such acceptance all rights of property of the town of Chelsea, in 
and to all the estate, real and personal, of the county of Suffolk, 
shall cease and determine and be vested in the said city of Bos- 
ton ; and in case the said town of Chelsea shall refuse or neglect, 
for the space of three months from the passing of this act, to 
accept the same, then this act shall be of no force or effect. 
[June 23, 1831.] 

An Act to change the names of the persons therein mentioned C^hnTt 67 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same. 
That Samuel Gore of Boston, may take the name of Frederic Names chang- 
S. Gore ; that David Bradlee Eaton of Boston, may take the *'*^" 
name of Albert Caspar Eaton ; that Nehemiah Clap of Boston, Suffolk, 
may take the name of Charles Frederic William Clap ; that Es- 
ther Rowe of Boston, a minor, and adopted daughter of Mary 
Harris, may take the name of Mary Esther Harris ; that Joanna 
B. Berry of Boston, may take the name of Joanna B. Jewett ; 
that Julia Lucretia Rogers of Boston, a minor, may take the 
name of Julia Leonora Rogers ; that Antoinette Wright of 
Boston, a minor, daughter of Nathaniel Wright, may take the 
name of Anna Burlin Wright ; that James Ivers Austin of Bos- 
ton, may take the name of Ivers James Austin, all of the coun- 
ty of Suffolk — that Elijah Holt of Lynn, may take the name of Essex. 
Eli Holt ; that Lucy Lovett of Beverly, a minor, daughter of 
Pyam Lovett, may take the name of Lucy Davis Lovett ; that 
Stephen Sargeant, 5th., of Amesbury, may take the name of 
Stephen N. Sargeant ; that Mary Ann Welch of Newbury port, 
may take the name of Mary Ann Wingate ; that Nathan Smith 
of Salem, and his wife, Martha L Smith, may take the name of 



148 



1831.- 



■Chap. 67—68. 



Middlesex. 
Worcester, 



Franklin. 
Hampshire. 

Hampden. 



Norfolk. 



Bristol. 
Plymouth. 



Chap. 68. 



Persons incor- 
porated. 



Powers and du. 
ties. 



Nathan Pool and Martha T. Pool ; that James Augustus Hodg- 
kins, of Salem, a minor son of Elizabeth W. Hodgkins, may 
take the name of Augustus Hodgkins Lamson ; that Ann Mars- 
ton, a minor, of West Newbury, may take the name of Enmia 
Ann Bailey, all of the county of Essex — that Benonia Boynton 
of Charlestown, in the county of Middlesex, may take the name 
of Benonia Boynton Buckingham — thai William Wilder of Lan- 
caster, may take the name of George Washington Wilder ; that 
Daniel Rice of Leicester, may take the name of Daniel Tat- 
man Rice ; that Charles Austin Hunting of Barre, may take 
the name of Charles Austin, all of the county of Worcester — 
that Epaphroditus Williams, of Conway, in the county of Frank- 
lin, may take the name of Francis E. Williams — that Peter R. 
Bryant of Cummington, may take the name of Arthur Bryant ; 
that Chileal Smith Douglass of Amherst, may take the name of 
Solomon Gilbert, all of the county of Hampshire — that Sol- 
omon Hoar, Junior, of Brimfield, may take the name of Solo- 
mon Homer ; that William P. Hoar of said Brimfield, may 
take the name of William P. Homer, and that Clarinda Hoar 
wife of said William P. may take the name of Clarinda Homer, 
and that Martha Fullerton Hoar, Harriet Neal Hoar, and 
George Harding Hoar, minor children of said William P. and 
Clarinda Hoar, may take the names respectively of Martha Ful- 
lerton Homer, Harriet Neal Homer, and George Harding Ho- 
mer, all of the county of Hampden — that William Beale of 
Milton, may take the name of William Swift Beale ; that Isaac 
Adams of Brookline, may take the name of Isaac Mahtoa Wan- 
songthi Adams ; thai Charles Doggett of Brookline may take 
the name of Charles Doggett Perry, all of the county of Nor- 
folk — that Nathaniel C. Fowle of Norton, in the county of 
Bristol, may {ake the name of Nathaniel Fowle Bowdoin — thai 
James Adams Mehuren, of Hingham in the county of Plymouth, 
may take the name of James Adams. And the several persons 
herein mentioned are hereby allowed to take and hereafter be 
known by the respective names which by this act they severally 
are authorized to assume. [June 23, 1831.] 

An Act to incorporate the President, Directors and Company of the Oriental Bank in 
Boston. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That Charles Smith, Charles J. Cazenove, Stephen 
White, Amos Binney, Samuel K. Williams, Thomas I. Whitte- 
more, E. Copeland, Jr., and P. P. F. Degrand, their associates, 
successors and assigns, shall be, and they hereby are created a 
corporation, by the name of the President, Directors and Com- 
pany of the Oriental Bank in Boston, and shall so continue until the 
first day of October, which shall be in the year of our Lord one 
thousand eight hundred and fifiy-one, and 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 



1831. Chap. 68—69. 149 

eight hundred and twenty-nine, entided " an act to regulate banks 1828 ch. 96. 

and banking," and to the further provisions contained in an act 

passed the twenty-eighth day of February in the year of our 

Lord one thousand eight hundred and thirty-one, entided " an isso ch. 58. 

act to continue the banking corporations therein named and for 

other purposes." 

Sect. 2. Be it further enacted, Tiiat the capital stock of Capital stock, 
said corporation shall consist of the sum of five hundred thou- ri„creasedl832 
sand dollars, to be divided into shares of one hundred dollars ch. 61.] 
each, to be paid in such instalments and at such times as the 
stockholders may direct : provided die whole be paid in within 
one year from the passing of this act. 

Sect. 3. Be it further enacted, That the said bank shall Location. 
be established in the city of Boston, and that any three of the 
persons before named shall be authorized to call the first meet- 
ing of said corporation, by advertising the satne in any newspa- 
per published in the city of Boston, ten days at least before said 
meeting. [June 23, 1831.] Add. act, 1832 ch. 61. 

An Act in addition to an Act entitled, " An Act to incorporate the iVIassachusetts fjhnr) fiQ 
Horticultural Society." /^* 

Sect. 1. BE it enacted by the Senate and House of Repre- 1^29 ch. 22. 
sentatives, in General Court assembled, and by the authority of 
the same. That the Massachusetts Horticultural Society be, and Dedication of 
hereby are authorized, in addition to the powers alreadv conferred real estate to the 

•' ^ ^ ^ r */ erection 01 mon- 

on them, to dedicate and appropriate any part of the real estate uments in mem- 
now owned, or hereafter to be purchased by them, as and for a rural ^'^y °^^^^ '^'^^'^^ 
cemetery or burying ground, and for the erection of tombs, ceno- 
taphs, or other monuments for, or in memory of the dead : and for 
this purpose, to lay out the same in suitable lots, or other subdivi- 
sions, for family and other burying places ; and to plant and embellish Rural oma- 
the same with shrubbery, flowers, trees, walks, and other rural ments. 
ornaments, and to enclose and divide the same with proper walls 
and enclosures, and to make and annex thereto other suitable ap- 
pendages and conveniences, as the society shall, from time to 
time, deem expedient. And whenever the said society shall so 
lay out and appropriate any of their real estate for a cemetery, or 
burying ground, as aforesaid, the same shall be deemed a perpet- 
ual dedication thereof for the purposes aforesaid ; and the real 
estate so dedicated shall be forever held by the said society in 
trust for such purposes, and for none other. And the said soci- Right of burial, 
ety shall have authority to grant and convey to any person or 
persons the sole and exclusive right of burial, and of erecting 
tombs, cenotaphs and other monuments, in any such designated 
lots and subdivisions, upon such terms and conditions, and sub- 
ject to such regulations, as the said society shall by their by- 
laws and regulations prescribe, and every right so granted and 
conveyed shall be held for the purposes aforesaid, and for none 
other, as real estate, by the proprietor or proprietors thereof, and 
shall not be subject to attachment or execution. 

Sect. 2. Be it further enacted. That, for the purposes of Additional real 
this act, the said society shall be, and hereby are authorized to ^**^^^" 



150 



1831.- 



■Chap. 69—70. 



purchase and hold any real estate, not exceeding ten thousand 
dollars in value, in addition to the real estate which they are now 
by law authorized to purchase and hold. And to enable the said 
society more effectually to carry the plan aforesaid into effect, 
and to provide funds for the same, the said society shall be, and 
Subscriptions, hereby are authorized to open subscription books, upon such 
terms, conditions and regulations as the said society shall pre- 
scribe, which shall be deemed fundamental and perpetual articles 
between the said society and the subscribers. And every per- 
son, who shall become a subscriber in conformity thereto, shall 
be deemed a member for life of the said society, without the pay- 
ment of any other assessment whatsoever. And shall moreover 
be entitled in fee simple to the sole and exclusive right of using, 
as a place of burial, and of erecting tombs, cenotaphs and other 
monuments, in such lot or subdivision of such cemetery or bury- 
ing ground, as shall, in conformity to such fundamental articles, 
be assigned to them. 

Sect. 3. Be it further enacted^ That the president of the 
said society shall have authority to call any special meeting or 
meetings of the said society, at such time and place as he shall 
direct, for the purpose of carrying into effect any or all the pur- 
poses of this act, or any other purposes within the purview of the 
original act, to which this act is in addition. [June 23, J 831.] 
Add. act, 1834 ch. 98. 



Special meet- 
ings. 



Chap. 70. 

Police court in 
the town of Sa- 
lem established. 



Warrants. 



Justice shall 
perform the du- 
ties ofclerk, &c. 



An Act to regulate the administration of justice within the town of Salem. 

Sect. 1. BE it enacted bij the Senate and House of Representatives, in General. 
Court assembled, and by the autlioriltj of the same. That there shall be, and hereby is 
established, within and for the town of Salem, a police court, to consist of one learned, 
able and discreet person, to be appointed and commissioned by the governor, pursuant 
to the constitution, to take cognizance of all crimes, offences and misdemeanors, com- 
mitted within the town of Salem, whereof justices of the peace may take cognizance 
by law, and of all offences which may be cognizable by justices of the peace, according 
to the by laws, rules and regulations of the town of Salem, now existing, or hereafter 
duly established. And the court hereby constituted shall hear and determine all suits, 
complaints and prosecutions cognizable by it, in like manner as is by law provided for 
the exercise of the powers and authority which are or may be vested in justices of the 
peace ; and do all such acts necessary to, or consistent with such powers and authorilv. 
And the said police court shall also have original exclusive jurisdiction and cognizance 
of all civil suits and actions, which before, and until the passing of this act, might by 
law be heard, tried and determined before any justice of the peace in said town of Sa- 
lem, and no writ in any such suit or action shall be made returnable before any other 
justice of the peace within said town of Salem, but to said police court only; and an 
appeal shall be allowed from all judgments in said police court, in like manner, and to 
the same extent, that appeals are now allowed by law from judgments of justices of the 
peace. All writs and summonses and processes shall be tested by the justice of said 
police court. Provided, always, that the justice of said police court shall not be of 
counsel or attorney to any party, in any matter or thing whatsoever, which may be 
pending before said court. 

Sect. 2. Be it further enacted. That all warrants, issued by the justice of said police 
court, or by any justice of the peace within the town of Salem, shall be made returnable, 
and be returned before the said police court ; and, if any warrant shall be issued by any 
justice of the peace, the lawful fees payable therefor shall not be paid nor allowed, 
unlo-ss, on the examination or hearing before said police court, it shall appear to said 
court that there was just and reasonable cause for issuing said warrant, in which case 
such fees, costs and charges shall be allowed and taxed in like manner as though said 
vs'arrant had been issued by a justice of the peace, according to the law now in force. 

Sect. 3. Be it further enacted, That the justice of said police court, in addition to 
the services herein before assigned to him, shall exercise and perform the duties of 
clerk of said court, and shall tax all bills of cost, and receive all fines and penalties, 
and shall receive, and keep a true and faithful account of, ajl fees taxable by law 
in said court, and shall exhibit, in the month of January in each year, to the board 
of accounts herein after established, a particular account of all sums of money by him 



1831. Chap. 70—71. 151 

received as such clerk ; and shall pay over to the town treasurer immediately after his 
account shall have been examined and certified by said board of accounts, the balance, 
if any, which may appear to be due from him, after deducting the sum which he is 
herein ailer authorized to retain for his own use ; and the accounts so exhibited, from 
time to time, shall be recorded by the town treasurer, in a book to be by him kept for 
that purpose, when the same, with the certificate of allowance thereof by said board, 
shall be exhibited to him by the justice of said police court; and the said accounts 
shall l>e filed and safely kept by said treasurer. And the justice of said police court 
shall give bond, with one or more surety or sureties, to the acceptance of the said 
treasurer, for the faithful performance of the duties of his office, as clerk, in such pen- 
alty as the selectmen of said town of Salem shall determine. 

Sect. 4. Be it further e7iacted, That ihe jusUce of sa\d police court, shall be enti- Compensation, 
tied to retain for his own use, out of all monies received by him, in each year, for fees, 
fines and penalties as aforesaid, the sum of one thousand dollars, in full compensation 
for all services assigned to him by the provisions of this act. 

Sect. 5. Be it further enacted, That a court shall be held by said justice, on two Times of hold- 
several days in each week, at nine of the clock in the forenoon, and as much oftener jpo- court, 
as may be necessary, to take cognizance of crimes, offences and misdemeanors ; and 
on one da}', every week, at ten of the clock in the forenoon, and at such other times as 
may be necessary, for the trial of civil suits and actions. And the justice of said po- 
lice court shall, from time to time, establish all necessary rules for the orderly and uni- 
form conducting of the business of said court, both civil and criminal. 

Sect. G. Be it further enacted, That all suits, actions and prosecutions which shall 
be instituted, and which shall be pending before any justice of the peace, within the 
town of Salem, at the time when this act takes effect, shall be heard and determined ^ 

as though said act had not been passed. 

Sect. 7. Be it further enacted, That the clerk of the courts, and the county altor- Board of ac- 
ney for the county of Essex, shall be, and they hereby- are constituted a board of ac- counts, 
counts ; and the said board shall assemble in the month of .Tanuar^- in each year, and 
as much oftener as may be necessary, and when so assembled shall have power, and 
it shall be their duty, to adjust, liquidate, examine and allow all bills of costs, accounts 
and charges, which may be made, or which may arise in the course of proceedings in 
said police court ; and the said board shall certify that said accounts, charges and ex- 
penses have been examined and allowed by them ; and the certificate of such exami- 
nation and allowance shall be endorsed on the accounts exhibited to said board, and 
shall be addressed to the public officer by whom such charges, fees and expenses may 
be payable by law; and the members of the said board of accounts shall be entitled 
to have and receive, out of the treasury of said town of Salem, the sum of three dol- 
lars, respectively, for each and every day which shall be by them devoted to the per- 
formance of the duties hereby assigned to them. 

Sect. 8. Beit further enacted, Thci.1 there shall be appointed by the governor. Special justices, 
with the advice and consent of council, two special justices for said police court, 
and whenever it shall happen that the standing justice of said court shall be interested 
in any suit or prosecution cognizable in said court, or shall from any cause be unable 
to hear and determine any matter or thing pending therein, the cause shall be assigned 
on the record, and the court shall be held, and its jurisdiction exercised, by one of said 
special justices, upon a summons issued to him by the standing justice of said court; 
and the said special justices shall be paid for the time actually employed in perform- 
ing the services herein assigned to them, out of the treasury of the town, such sum as 
the standing justice of said court would be entitled to receive for the same time, and 
the amount thus paid to said special justices, or either of them, shall be deducted from 
the salary allowed to the standing: justice of said court. 

Sect. 9. Beit further enacted, Ths-tihe^nsuce o( sdaA police court shall make a ]^eturns. 
return to the several courts of all legal processes, and of his doings therein, in the same 
manner as justices of the peace are now by law required to do. 

Sect. 10. Be it further enacted. That this act shall go into operation on and after When this act 
the first da)' of October next ; and that all acts and parts of acts, which are repugnant shall go into 
to the provisions of this act, be, and the same are hereby repealed : provided, that this operation, 
act shall not be so construed as to prevent the governor, with the advice and consent 
of the council, from appointing and commissioning the said justice and special justices, 
at any time before the said first day of October. [J^«ie 23, 1831.] Add. act, 1833 
ch. 81. Repealed 1836 ch. 7. 

An Act in addition to an .4.ct entitled "An Act to incorporate the Proprietors of /^/,^„ 71 
Boston South Bridge." I^IIUJJ. I 1 • 

Sect. 1. BE it enacted by the Senate and House of Repre- i803ch. 113. 
sentatives, in General Court assembled^ and by the authority of jgbg'ch. 119. 
the same, That the proprietors of the Boston South Bridge are Transfer of 
hereby authorized and empowered to sell, assign, and transfer bridge to the 
to the city of Boston, the franchise and materials of said Bos- "^'•^'^ 
ton South Bridge, to have and to hold the same to the said 
city and its successors forever : provided, that no toll or duty 



152 



1831.- 



-Chap. 71—72. 



Payment of 
money and 
transfer of 
bridge. 



Repeal. 



Chap. 72. 



Persons incor- 
porated. 



Powers and 
privileges. 



shall ever be exacted or paid for any travel over said bridge, 
or passing the draw of the same, and the said city shall always be 
held liable to keep said bridge and draw in good repair, and to 
raise the draw of said bridge, and afford all necessary and prop- 
er accommodation to vessels that have occasion to pass the same 
by night or by day, and shall keep said bridge sufficiently 
lighted. 

Sect. 2. Be it further enacted, That if, on or before the 
fifteenth day of September next, the said city of Boston shall 
not pay to the proprietors of the Boston South Bridge such sum 
as may be agreed on between them and the city of Boston, and 
receive a transfer or assignment of the franchise and materials of 
said bridge according to the provisions of the first section of 
this act, then and in such case the said proprietors of Boston 
South Bridge are hereby authorized to surrender the franchise 
of said bridge to this Commonwealth, at any time within six 
months after said fifteenth day of September next, by a formal 
deed of surrender duly executed and filed in the office of the 
secretary of this Commonwealth, and that from and after the 
day of such surrender, the said corporation shall be dissolved, 
and exist no longer as a body corporate, excepting for the pur- 
pose of suing and being sued for recovery of debts due unto or 
from said proprietors. 

Sect. 3. Be it further enacted, That so much of the act, 
to which this act is in addition, as is incompatible with the provis- 
ions of this act, be, and the same is hereby repealed. [June 23, 
1831.] Add. act, 1832 oh. 136. 

An Act to establish the Boston and Worcester Rail road Company. 

Sect. 1 . BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
same, That George Bond, Luther Faulkner, Henry Williams, 
Henry H. Fuller, William Parker, Cornelius Coolidge, Isaac 
Danforth, Eliphalet Williams, George Morey, .Tonas B. Brown, 
Nathaniel Hammond, Pliny Cutler, Jonathan Whitney, John P. 
Bigelow, George Hallet, Winslow Wright, Joseph T. Buck- 
ingham, James K. Mills, Ward Jackson, Henry Rice, Thom- 
as R. Sewall, Daniel Hastings, E. A.. & W. Winchester, R. 
Richards, Jr., John Thompson, John C. Putnam, A. Chand- 
ler, Thomas B. Wales, William Dehon, Joseph A. Ballard, 
and Andrew Dunlap, their associates, successors and assigns, 
be, and they hereby are made a body politic and corporate, 
under the name of the "Boston and Worcester Rail -road Cor- 
poration," and by that name shall be, and hereby are made ca- 
pable in law to sue and to be sued to final judgment and exe- 
cution, plead and be impleaded, defend and be defended, in any 
courts of record, or in any other place whatever ; to make, 
have and use a common seal, and the same to break, renew 
or alter at pleasure ; and shall be, and 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, 



1831. Chap. 72. 153 

as herein after set forth. And the said corporation are hereby 
authorized and empowered to locate, construct and finally com- 
plete a rail-road, in or near the city of Boston, and thence to 
any part of Worcester, in the county of Worcester, 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, not exceeding five rods wide, through the whole 
length ; and for the purpose of cuttings, embankments, and pro- 
curing stone and gravel, may take as much more land as may be 
necessary for the proper construction and security of said road : 
provided, hoicever, that all damages that may be occasioned to 
any person or corporation, by the taking of such land or mate- 
rials for the purposes aforesaid, shall be paid for by said corpo- 
ration in the manner herein after provided. 

Sect. 2. Be it further enacted, That the capital stock of capital stock, 
said corporation shall consist of ten thousand shares ; and the directors, &c. 
immediate government and direction of the affairs of the said 
corporation shall be vested in a board of not less than five di- 
rectors, who shall be chosen by the members of the corporation, 
in the manner herein after provided, and shall hold their offices 
until others shall be duly elected and qualified to take their places 
as directors ; and the said directors, a majority of whom shall 
form a quorum for the transaction of business, shall elect one of 
their own number to be president of the board, who shall also be 
president of the corporation ; and shall have authority to choose 
a clerk, who shall be sworn to the faithful discharge of his duty, 
and a treasurer, who shall give bonds to the corporation, with 
sureties to the satisfaction of the directors, in a sum not less than 
twenty thousand dollars, for the faithful discharge of his trust. 

Sect. 3. Be it further enacted. That the president and di- Powers ofpres- 
rectors, for the time being, are hereby authorized and empower- Jq^"' ^" "^'^' 
ed, by themselves, or their agents, to exercise all the powers 
herein granted to the corporation, for the purpose of locating, 
constructing and completing said rail-road ; and for the transport- 
ation of persons, goods and merchandize ; 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, engines, cars, and other necessary things 
in the name of the corporation for the use of said road, and for 
the transportation of persons, goods and merchandize ; to make 
such equal assessments, from time to time, on all the shares in Assessments, 
said corporation, as they may deem expedient and necessary in 
the execution and progress of the work, and direct the same to be 
paid to the treasurer of the corporation. And the treasurer shall 
give notice of all such assessments. And in case any subscriber 
shall neglect to pay his assessment, for the space of thirty days 
after due notice by the treasurer of said corporation, the directors 
may order the treasurer to sell such share or shares, at public 
auction, after giving due notice thereof, to the highest bidder, and 
the same shall be transferred to the purchaser ; and such delinquent 

VOL. VII. 20 



154 1831. Chap. 72. 

subscriber shall be held accountable to the corporation for the bal- 
ance, 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 overplus, if his share or shares shall sell for more than the 
assessment due, with interest and the costs of sale : provided, 
however, that no assessments shall be laid upon any shares in said 
corporation of a greater amount in the whole than one hundred 
dollars on a share. 
By-laws. Sect. 4. Be it further enacted, That the said corporation 

shall have power to make, ordain and establish all such by-laws, 
rules, regulations and ordinances, as they shall deem expedient 
and necessary to accomplish the designs and purposes, and to 
carry into effect the provisions of this act, and for the well order- 
ing, regulating and securing of the interest and affairs of the cor- 
poration : provided, the same be not repugnant to the constitution 
and laws of the Commonwealth. 
Tolls. Sect. 5. Be it further enacted, That a toll be and hereby 

is granted and established for the sole benefit of said corporation, 
upon all passengers and property of all descriptions which may 
be conveyed or transported upon said road, at such rates per 
mile as may be ilgreed upon and established from time to time by 
the directors of said corporation. The transportation of persons 
and property, the construction of wheels, the form of cars and 
carriages, the weight of loads, and all other matters and things 
in relation to the use of said road, shall be in conformity to such 
rules, regulations and provisions as the directors shall from time 
to time prescribe and direct, and said road may be used by any 
persons who shall comply with such rules and regulations : pro- 
Legislature vided, however, that if, at the expiration of ten years from and 
may reduce the ^f^gp jj^g completion of said road, the net income or receipts from 
tolls, and other profits, taking the ten years aforesaid as the basis 
of calculation, shall have amounted to more than ten per cent, 
per annum upon the cost of the road, the Legislature may take 
measures to alter and reduce the rate of tolls and other profits in 
such manner as to take off the overplus for the next ten years, 
calculating the amount of transportation upon the road to be the 
same as the ten preceding years, and at the expiration of every 
ten years thereafter the same proceedings may be had: provided, 
further, that the Legislature shall not, at any time, so reduce the 
tolls and other profits, as to produce less than ten per centum 
upon the cost of the said rail-road, without the consent of said 
Grant of other Corporation; and no other rail-road, than the one hereby granted, 
raii-roads re- shall, within thirty years from the passing of this act, be author- 
ized to be made, leading from said Boston, or from Roxbury, 
Brookline, Cambridge, or Charlestown, to any place within five 
miles of the westerly termination of the rail-road hereby estab- 
lished. 
Toll-houses, Sect. 6. Be it further enacted, That the directors of said 

gales, &c. corporation for the time being are hereby authorized to erect 
toll-houses, establish gates, appoint toll-gatherers, and demand 



1831. Chap. 72. 165 

toll upon the road, when completed, and upon such parts thereof 
as shall from time to time be completed. 

Sect. 7. Be it further enacted^ That the said corporation Damages, 
shall be holden to pay all damages that may arise to any person 
or persons, corporation or corporations, by taking their land for 
said rail-road, when it cannot be obtained by voluntary agree- 
ment, to be estimated and recovered in the manner provided 
by law for the recovery of damages happening by the laying out 
of highways. 

Sect. 8. Be it further enacted, That when the lands, or Release of land 
other property or estate of any femme covert, infant, or person "f '"fan's, &,c. 
non compos mentis, shall be necessary for the construction of 
said rail-road, the husband of such femme covert, and the guard- 
ian of such infant or person non compos mentis, may release all 
damages for any lands or estates taken and appropriated as afore- 
said, as they might do if the same were holden by them in their 
own right respectively. 

Sect. 9. Be it further enacted, That if any person shall Penalties for 

wilfully, maliciously or wantonly, and contrary to law, obstruct wilful and mah- 
, ■'' ~ •' . •'' •■•I'^i • cious injuries, 

the passage ot any carnage on said rail-road, or in any way 

spoil, injure or destroy said rail-road, or any part thereof, or any 
thing belonging thereto, or any material or implements to be em- 
ployed in the construction or for the use of said road, he, she or 
they, or any person or persons assisting, aiding or abetting in 
such trespass, shall forfeit and pay to said corporation, for every 
such offence, treble such damages as shall be proved before the 
justice, court or jury before whom the trial shall be had, to be 
sued for and recovered, before any justice, or any court prop- 
er to try the same, by the treasurer of the corporation, or other 
officer whom they may direct, to the use of said corporation. 
And such offender or offenders shall be liable to indictment by 
the grand inquest for the county within which such trespass shall 
have been committed, for any offence or offences contrary to the 
above provisions, and, on conviction thereof, before any court 
competent to try the same, shall pay a fine not exceeding one 
hundred dollars, nor 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 convic- 
tion may be had. 

Sect. 10. Be it further enacted. That the annual meeting of Meetings, 
the members of said corporation shall be holden on the first 
Monday of June, at such time and place as the directors for 
the time being shall appoint, at which meeting the directors shall 
be chosen by ballot, each proprietor being entitled to as many 
votes as he holds shares : provided, that no vote shall be given Right of voting, 
by any proprietor, by reason of any share held by him exceeding 
one tenth part of the whole number of shares. And the person 
first named in this act, or any two of the persons named therein, 
are hereby authorized to call the first meeting of said corporation, 
by giving notice in the Daily Advertiser, published in Boston, 
and the Massachusetts Spy, published in Worcester, of the time, 



156 



1831.- 



-Chap. 72. 



How rail-road 
shall be con- 
structed across 
private or pub- 
lic ways. 



Conditions of 
this act. 



Bridges. 



place and purpose of such meeting, at least ten days before the 
time mentioned in such notice. And the directors are hereby 
authorized to call special meetings of the stockholders, whenever 
they shall deem it expedient and proper, giving such notice as 
the corporation by their by-laws shall direct. 

Sect. 11. Be it further enacted, That if the said rail-road, 
in the course thereof, shall cross any private way, the said cor- 
poration shall so construct said rail-road as not to obstruct the 
safe and convenient use of such private way ; and, if said rail- 
road shall not be so constructed, the party aggrieved shall be 
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 
corporation shall have the power to raise or lower such turnpike, 
highway, or private way, so that the said rail-road, if necessary, 
may conveniently pass under or over the same. And if said 
corporation shall raise or lower any such turnpike, highway, or 
private way, pursuant thereto, and shall not so raise or lower the 
same, as to be satisfactory to the proprietors of such turnpike, 
or to the selectmen of the town in which said highway, or pri- 
vate 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 reasonable and proper 
in the written opinion of the county commissioners for the coun- 
ty in which such alteration or amendment is proposed, 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 reasonable damages for all 
charges, disbursements, labor and services, occasioned by mak- 
ing such alteration or amendments, with costs of suit. 

Sect. 12. Be it further enacted, That if the said corpora- 
tion shall not have been organized, and the location of the route 
filed with the county commissioners of the county in which the 
land proposed to be taken for the use of said rail-road is situate, 
previous to the first day of July, in the year of our Lord one 
thousand eight hundred and thirty-three, or if the said corpora- 
tion shall fail to complete the said rail-road on or before the first 
day of July, in the year of our Lord one thousand eight hundred 
and thirty-six, in either of the above mentioned cases this act 
shall be null and void. 

Sect. 13. Be it further enacted, That said rail-road com- 
pany shall constantly maintain, in good repair, all bridges, with 
their abutments and embankments, which they may construct for 
the purpose of conducting their rail-road over any canal, turn- 



1831. Chap. 72 —73. 157 

pike or other highway, or any private way, or for conducting 
such private way, turnpike or other highway over said rail-road. 

Sect. 14. Be it further enacted, That the Legislature may Any other rail- 
authorize any company to enter with another rail-road at any ''"?'^ '"ay ^"'^r 
point of said Boston and Worcester Rail-road, paying for the 
right of using 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 Worcester Rail-road Corporation, by virtue of the 
fifth section of this act : provided further^ that it shall be in the Commonwealth 
power of the government, at any time during the continuance of J^fi^j-oad! ^^^ 
the charter hereby granted, after the expiration of twenty years 
from the opening for use of the rail-road herein provided to be 
made, to purchase of the said corporation the said rail-road, and 
all the franchise, property, rights and privileges of the said cor- 
poration, on paying therefor the amount expended in making 
said rail-road, and the expenses of repairs, and all other expen- 
ses 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 have been received 
by the stockholders ; and, after such purchase, the limitation pro- 
vided in the fifth section of this act shall cease and be of no ef- 
fect. And it shall be the duty of said company from year to Report to be 
year, to make report to the Legislature under oath of their acts Legrsia°ture^ an- 
and doings, receipts and expenditures, under the provisions of nuaiiy. 
this act ; and their books shall at all times be open to the inspec- 
tion of any committee of the Legislature, appointed for that pur- 
pose, and, if said corporation shall unreasonably neglect or refuse 
to make such report, at the expiration of every year after the 
opening of said rail-road, for every such neglect or refusal they 
shall forfeit and pay to the use of the Commonwealth, a sum not 
exceeding ten thousand dollars, to be recovered by action or in- 
dictment in any court of competent jurisdiction. 

Sect. 15. Be it further enacted^ That nothing contained in No new bridge 
this act shall be construed as giving the Boston and Worcester ^^^^^ autho^r- 
rail-road corporation authority to erect a bridge over the waters ized. 
of Charles river connected with the city of Boston, or to place 
any obstruction in said waters of Charles river near to the city 
of Boston. {June 23, 1831.] Add. acts, 1832 ch. 153: 1833 
eh. 91. 

An Act to incorporate the Skinnaquits Fishing Company in Harwich and Chatham. fJfiQr)^ 73. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same, That Sylvanus Eldridge, Kimball Eldridge, Amasa Persons incor- 
Nickerson, Levi Eldridge, Zephaniah Nickerson, Jonathan po'^^^*^- 
Small, Elijah Eldridge, Darius Weeks and James Long, and 
their associates, successors and assigns, be, and they hereby are 
incorporated and made a body politic, for the purpose of making 
the necessary improvements for the preservation and taking of 



158 



1831.- 



-Chap. 73. 



Annual meeting 
and choice of 
officers. 

[Time of annual 
meeting altered, 
1837 ch. 18.] 



Fines for taking 
fish illegally. 



Detection of 

persons at- 
tempting to take 
fish, &c. 



Offences pun- 
ishable by for- 
feiture, &-C. 



Obstructions to 
the passage of 
fish to be re- 
moved. 



Taxes. 



Profits. 



fish called alewives, in Red river and Skinnaquits stream, in the 
towns of Harwich and Chatham. And it shall be lawful for said 
corporation to hold a meeting annually, on the first Tuesday of 
April, for the purpose of choosing a clerk, treasurer, assessors, 
and a collector ; and three or more persons, being members of 
said corporation, to inspect, regulate, take care of, and govern 
said fishery ; who shall be sworn to tiie faithful discharge of their 
duty, and said committee shall have full power and authority to 
determine upon the rules and regulations to be observed in the 
taking of said fisii, and to fix what time and in what places the 
same shall be taken, and the prices that shall be paid therefor. 

Sect. 2. Be it further enacted, That if any person shall take 
any of said fish from said river or stream within the said towns, at 
any other time or place than such as shall be fixed by the com- 
mittee aforesaid, every person so offending, shall, for each and 
every such offence, on conviction thereof, pay a fine not exceed- 
ing five dollars nor less than two dollars, if the quantity so taken 
be less than one barrel ; but if the quantity be more than one 
barrel, such person so offending shall forfeit and pay, for each 
and every barrel of fish so taken, five dollars, to be recovered in 
any court proper to try the same, for the use of the corporation. 

Sect. 3. Be it further enacted, That if the committee afore- 
said, or either of them, shall detect any person in attempting to 
take any of said fish, at any other time, or at any other place 
than such as shall have been fixed by said comn)ittee as aforesaid, 
or shall find such fish in the possession of any person, he shall 
be deemed to have taken said fish unlawfully, and shall be subject 
to the penalties of this act, as before mentioned ; unless such per- 
son can make it appear on trial that he came by said fish in some 
other way, and the members of said corporation shall be compe- 
tent witnesses in all cases where fish shall have been unlawfully 
taken. 

Sect. 4. Be it further enacted, That if any person, without 
the permission of the committee aforesaid, shall presume to take, 
catch, or haul on shore, any of said fish in said river or stream, 
or within one fourth of a mile in any direction from the mouth of 
said river, he shall forfeit and pay a sum not exceeding seven 
dollars, nor less than five dollars, for each offence, to be recov- 
ered in the manner and to the use herein after provided. 

Sect. 5. Be it further enacted, That the said committee 
shall, during the passage of said fish in said river or stream, cause 
all obstructions to their passage to or from the sea, of every de- 
scription, to be removed, and if any damage shall be done to the 
property of individuals not members of the corporation, such in- 
dividuals shall be entitled to reasonable damages therefor. 

Sect. 6. Be it further enacted, That said corporation, at 
any regular meeting thereof, shall have power to assess taxes 
equally according to numbers on all the members of said corpora- 
tion, and they shall be liable for said assessment in their private 
and individual capacities. 

Sect. 7. Be it further enacted, That the whole profits which 



1832. Chap. 2—3. J 59 

may accrue to said corporation from said fishery, shall, annually, 
in the month of November, be divided according to the number 
of the corporators. 

Sect. 8. Be it further enacted, That Amasa Nickerson, of First meeting, 
said Harwich, be, and he hereby is authorized to call the first 
meeting of said proprietors some time in September next, by 
giving personal notice thereof and the time and place at which 
said meeting will be holden, and at said first meeting the mode 
of notifying subsequent meetings of the corporation shall be fixed 
and determined. 

Sect. 9. Be it further enacted, That all persons, who now Members, 
are or may hereafter become owners of land adjoining said stream 
or river, shall have a right to become members of said corpora- 
tion : provided, however, that they shall be subject to pay their 
proportional part of the expenses which shall have been, before 
the time of their admission as members aforesaid, incurred by 
said corporation. [June 23, 1831.] Add. act, 1837 ch. 18. 

An Act authorizing the Commercial Insurance Company in Nantucket to increase its f^hrin-x O 
capital stock. ^ULip, ^. 

Sect. 1. BE it enacted by the Senate and House of Repre- '^^^ '^''- '• 
sentatives, in General Court assembled, and by the authority of 
the same, That the Commercial Insurance Company in Nantucket increase of cap- 
be, and it hereby is authorized and empowered to increase its "^l stock, 
capital stock, by adding thereto twenty-five thousand dollars, and 
that the number of shares be, and the same hereby is increased 
to one thousand shares of one hundred dollars each. 

Sect. 2. Be it further enacted, That one half of the addi- How paid in, 
tional capital hereby allowed shall be paid in, in like manner as is *^'^- 
provided for in the original act of incorporation, within sixty days 
from and after the acceptance of this act, and that the residue of 
such additional capital shall be paid in within one year from the 
passing of this act, at such times, and in such instalments, and 
under such penalties, as the president and directors shall in their 
discretion direct and appoint, and said corporation shall proceed 
to do business on the additional capital, according to the amount 
of capital stock actually paid in, and with the like limitations as 
are provided in the act creating said corporation, and that when 
the additional capital is all paid in, the same shall be held, invest- 
ed and used in like manner as is provided in respect to the origi- 
nal capital stock. 

Sect. 3. Be it further enacted. That the provisions of this When the pro- 
act shall not be binding on the said Commercial Insurance Com- ap^t'°hal°'^iake 
pany, unless the same shall be accepted at a meeting to be held effect, 
by them, pursuant to public notice, to be given by the president 
and directors, fourteen days at least previous to the holding of 
said meeting. [Jan. 17, 1832.] 

An Act to incorporate the Green River Hemp and Flour Company. CJlClt) 3 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of the 
same, That John Wilson, Hooker Leavitt, Alanson Clark, Isaac Persons incor- 
Newton, 2d., William Wilson and Richardson Hall, together P"'^"*^* 



160 



1832.- 



■Chap. 3 — 5. 



Powers and du- 
ties. 



1829 ch. 53. 



Real and per- 
sonal estate. 



Chap. 4. 



Persons incor- 
porated. 



Powers and 
duties. 



1829 ch. 53. 



Real and per- 
sonal estate. 



Chap. 5. 

1799 ch. 6. 
(v. 2. p. 302.) 
1805 ch. 34. 
Persons ap- 
pointed trustees. 



Trustees au- 
thorized to fill 
vacancies. 



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 Green River Hemp and Flour 
Company, for the purpose of manufacturing flour, and of raising, 
purchasing, dressing and vending hemp and flax in the town of 
Greenfield, and for that purpose shall have all the powers and 
privileges, and be subject to all the duties and requirements, con- 
tained in an act passed on the twenty-third day of February, in 
the year of our Lord one thousand eight hundred and thirty, en- 
titled "an act defining the general powers and duties of manufac- 
turing corporations." 

Sect. 2. Be it further enacted, That the said corporation 
may hold and possess such real estate, not exceeding the value 
of twenty thousand dollars, and such personal estate, not exceed- 
ing the value of forty thousand dollars, as may be convenient and 
necessary for carrying on the business aforesaid. \_Jan. 18, 
1832.] 

An Act to incorporate the Boston and Barre Company. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That James C. Dunn, Joseph Bowman, Lucius M. 
Sargent, Henry Upham and John Clark, their associates, suc- 
cessors and assigns, be, and they hereby are made a corporation, 
by the name of " the Boston and Barre Company," for the pur- 
pose of manufacturing woollen and cotton goods, and machinery, 
in the town of Barre, in the county of Worcester ; and for this 
purpose shall have all the powers and privileges, and be subject 
to all the duties and requirements, contained in an act entitled 
"an act defining the general powers and duties of manufacturing 
corporations," passed the twenty-third day of February, in the 
year of our Lord one thousand eight hundred and thirty. 

Sect. 2. Be it further enacted. That the said corporation 
may be lawfully seized and possessed of such real estate, not 
exceeding the value of fifty thousand dollars, and such personal 
estate, not exceeding the value of seventy thousand dollars, as 
may be necessary and convenient for the purposes aforesaid. 
IJan. 18, 1832.] 

An Act to authorize certain persons to be Agents and Attoruies for the full settle- 
ment of the affairs and concerns of the late Newburyport Marine Insurance Com- 
pany. 

Sect. 1. BE it enacted by the Senate and House of Representatives , in General 
Court assembled, and by the authority of the same, That Edward S. Rand, and Henry 
Frothingham, Jr., Esquires, two of the stockholders of the late Newburyport Marine 
Insurance Company, be, and they hereby are appointed trustees and agents for the 
due collection of all the outstanding claims of the said company, with the same powers 
therefor, as the former president and directors of the said company had before the 
dissolution thereof, to collect all the remaining debts due to, and settle all the demands 
against the late corporation, and it shall be their duty to apportion the residue of all 
sums received by them among the stockholders of said company, according to the 
respective shares by them holden therein, and to adopt all proper measures therefor. 

Sect. 2. Be it further enacted, That the said trustees or agents, or either of them, 
shall have power to fill any vacancy which may happen by reason of the death, resig- 
nation or inability' of either of said trustees, before the concerns of said company shall 
be fully closed. [Jan. 18, 1832.] Repealed, 1832 ch. 20. ' 



1832. Chap. 6. 161 

An Act to incorporate the Protection Insurance Company. ChcLTt 6 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same, That John Prince and his associates, and their sue- Persons iucor- 
cessors and assigns, be, and they are hereby incorporated and Pirated, 
made a body pohtic, b}^ the name of the Protection Insurance 
Company, with all the powers and privileges, and subject to all Powers and 
the restrictions, duties and obligations, contained in a law of this ""^*' 
Commonwealth, entitled " an act to define the powers, duties 1817 eh. 120. 
and restrictions of insurance companies," passed on the sixteenth 
day of February, in the year of our Lord one thousand eight 
hundred and eighteen, and a law of this Commonwealth, entitled 
"an act authorizing the several insurance companies in this Com- 1819 ch. 141. 
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 after the 
passage 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- Real estate. 
tided, that the said real estate shall not exceed the value of fifty 
thousand dollars, excepting such as may be taken for debt, or 
held as collateral security for money due to said company. 

Sect. 2. Be it further enacted, Tliat the capital stock of said company shall be Capital stock, 
three hundred thousand dollars, and shall be divided into shares of one hundred dollars [Repealed 
each, one hundred and fifty thousand dollars of which shall be paid in money, within 1833 ch 4 1 
sixty days after the first meeting of said company, and the remaining one hundred and ' 

fifty thousand dollars within one year from the passing of this act, in such instalments, 
and under such penalties, as the president and directors of said company shall order 
and appoint ; and the capital stock shall not be transferred within one j'ear from the 
passing of this act, and if the provisions of this act shall not have been complied with 
m one year from the passing of this act, the same shall be void. 

Sect. 3. Be it further enacted. That the stock, property Directors, 
and concerns of said company shall be managed and conducted 
by nine 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 titne of their election, shall be interested 
in the stock of the company, and citizens of this CotTimonwealth, 
and 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 January annually, as the directors for the time be- 
ing shall appoint, of which meeting public notice shall be given 
in two of the newspapers printed in Boston, at least ten days 
previous to said meeting. The election shall be made by ballot, Right of voting, 
by a majority of the stockholders present, allowing one vote to 
each share in the capital stock : provided, that no stockholder 
shall be allowed more than thirty votes, and absent stockholders 
may vote by proxy, under such regulations as the said company 
shall prescribe ; and if, through accident, the said directors shall 
not be chosen at the annual meeting as aforesaid, it shall be law- 
ful to choose them on any other day, in the manner herein pro- 
vided for the election of directors. 

VOL. VII. 21 



162 



1832.- 



■Chap. 6. 



President. 



Board for doing 
business. 



First meeting. 



Limitation of 
risks. 



Location. 



Assignment and 
transfer of 
shares. 



Sect. 4. Be it further enacted, That the directors, as 
soon as may be convenient after they shall be chosen, shall meet 
and elect one of their body to be president of the company, 
who shall be sworn or affirmed to the faithful discharge of the 
duties of his office, and who shall preside until the next annual 
meeting, and until another president shall be chosen, and, in case 
of the death or 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 called for that 
purpose, in the same manner as is herein provided respecting an- 
nual elections of directors. 

Sect. 5. Be it further enacted, That the president and four 
of the directors, or five of them in his absence, shall be a board 
competent to the transaction of business : and all questions be- 
fore 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 ap- 
pear useful, touching the management and disposition of the 
property and concerns of the company, the transfer of the shares, 
the duties of the several officers employed, the election of di- 
rectors, and all such matters as appertain to the business of in- 
surance. And said directors may appoint all officers and agents 
that in their opinion the affairs of the company may require, pre- 
scribe their duties and fix their compensation : provided, that 
such by-laws and regulations shall not be repugnant to the con- 
stitution and laws of this Commonwealth. 

Sect. 6. Be it further enacted, That the said John Prince 
be, and he hereby is authorized, as soon as shall be convenient 
after the passing of this act, to call the first meeting of said com- 
pany for the purpose of organizing said corporation, and choos- 
ing directors, by advertising in two of the newspapers printed in 
Boston notice of the time and place of meeting at least two 
weeks previous to the meeting. 

Sect. 7. Be it further enacted. That the said company 
shall not take any risk or subscribe any policy, until one hundred 
and fifty thousand dollars of their capital shall be paid in, and 
they shall at no time take any one risk, by way of a policy of in- 
surance, maritime loan, or bottomry or otherwise, to a greater 
amount than ten per cent, on their capital actually paid in. 

Sect, 8. Be it further enacted. That the said Protection 
Insurance Company shall be located in Boston, and it shall be 
liable to be taxed by any general law providing for the taxation 
of all similar corporations that are by law liable to be taxed. 

Sect. 9. Be it further enacted, That the shares of said cor- 
poration shall be assignable and transferable, according to such 
rules and regulations as the president and directors shall for that 
purpose ordain and establish, and not otherwise. [Jan. 20, 
1832.] Add. act, 1833 ch. 4. 



1832. Chap. 7—8. 163 

An Act to incorporate the Concord Manufacturing Company. y->7 « 

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

sentatives, in General Court assembled, and by the authority 
of the same, That Elisha Parks, Thomas Lord and Ephraim Persons incor- 
H. Bellows, their associates, successors and assigns be, and they P*"'^'^''- 
hereby are made a corporation by the name of " the Concord 
Manufacturing Company," for the purpose of manufacturing 
cotton and woollen goods and machinery, in the town of Con- 
cord in the county of Middlesex, and for this purpose shall Powers and du- 
have all the powers and privileges, and be subject to all the du- '^'®^' 
ties and requirements contained in an act entitled " an act de- 1829 ch. 53. 
fining the general powers and duties of manufacturing corpora- 
tions," passed the twenty-lhird day of February, in the year of 
our Lord one thousand eight hundred and thirty. 

Sect. 2. Be it further enacted, That the said corpora- Real and por- 
tion may be lawfully seized and possessed of such real estate, s°"ai estate. 
not exceeding the value of fifty thousand dollars, and such per- 
sonal estate, not exceeding the value of fifty thousand dollars, 
as may be necessary and convenient for the purposes aforesaid. 
[Jan. 24, 1832.] 

An Act to incorporate the Trustees of the Ministerial Fund of the First Parish in Bev- (Jhrtr), 3 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the author- 
ity of the same, That Robert Rantoul, William Thorndike, persons inccr- 
Joshua Lovett, Edward Ford, Samuel Endicott, Cotton Ben- porated. 
nett, and Charles Stephens, all of Beverly, be, and they hereby 
are constituted a body corporate, with their associates and suc- 
cessors, by the name of the Trustees of the Ministerial Fund 
of the First Parish in Beverly. 

Sect. 2. Be it further enacted. That the said trustees. Election of offi- 
their associates and successors, may elect such officers, and '^^'^*- 
make and ordain such by-laws and regulations as they may deem 
necessary for their own government, and the proper manage- 
ment of the funds committed to their care, not repugnant to the 
laws and constitution of this Commonwealth ; the number of 
said trustees shall be seven, a majority of whom shall be a quor- 
um for the transaction of business, and all vacancies in the board 
of trustees, occurring by death, resignation or otherwise, shall 
be supplied by said parish in legal meeting called for that pur- 
pose : provided, however, that until such meeting be had such 
vacancies may be filled by said board of trustees. 

Sect. 3. Be it further enacted, That said trustees, their Ministerial fund, 
associates and successors, shall have power to take, hold, and 
possess all the property now belonging to the said parish, or 
which may hereafter accrue to the same by grant, donation, 
or otherwise, both real and personal, in trust for the use and ben- 
efit of said parish as a ministerial fund, the net income of which 
shall be appropriated exclusively towards the support of a public 
teacher of christian piety and morality in said parish, and no part 
of the principal shall be used for that purpose, or any other. And 



164 



1832.- 



-Chap. 8—10. 



Grants and do- 
nations valid. 



Amount of 
funds. 



the said trustees may, under the direction of the parish, expend 
the income of the fund annually, or add it, or any part thereof, to 
the principal, whenever it may be thought expedient, and should 
the income, or any part thereof, be added to the principal, then 
only the proceeds of the accumulated fund shall be thereafter ex- 
pended, and only for the support of said public teacher. 

Sect. 4. Be it further enacted, That all grants, devises or 
donations made, or which may hereafter be made to the said trus- 
tees in their said capacity, for the use and benefit of said parish, 
shall be valid to every intent and purpose. And the said trus- 
tees may hold and possess funds, consisting of real and personal 
estate, or either, for the object before specified, the annual in- 
come of which shall not exceed the sum of fifteen hundred dol- 
lars, and should the fund, or the income thereof, be used or ap- 
propriated by the parish or said trustees contrary to the provisions 
of this act, then the original donation or donations so misused, 
shall belong to, and revert to the president and fellows of Har- 
vard College, unless otherwise provided for, by the donor or de- 
viser, in the conditions of his gift or devise. 
First meeting. Sect. 5. Be it further enacted^ That Robert Rantoul, 
Esq., before named, be, and he hereby is authorized to call the 
first meeting of said trustees, by giving to each of the other named 
trustees, at least seven days previous notice of the time and place 
of holding the same. [Jan. 24, 1832.] 

Chap. 9. 



Persons incor- 
porated. 



Real and per- 
sonal estate. 



An Act to incorporate the Proprietors of the Egremont Academy. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives., in General Court assembled., and by the authority of 
the same, That Wilber Curtis, Levi Hare, Nathan Benjamin, 
Chester Goodale, Jr., William H. Hollenbeck, Abel Hull, 
Isaac N. Race, Jerome Hollenbeck, Solomon Winegar, and 
Ephraim Baldwin, their associates and successors, be, and they 
hereby are made a body corporate, by the name of the Proprie- 
tors of the Egremont Academy, in the town of Egremont, in the 
county of Berkshire, with power to hold real estate, not exceed- 
ing in value five thousand dollars, and personal estate not exceed- 
ing in value ten thousand dollars, to be applied to the purpose of 
education. 

Sect. 2. Be it further enacted, That said corporation may 
from time to time make such by-laws and regulations as they may 
deem necessary for the management of the interests and concerns 
of said academy : provided, the same be not repugnant to the 
constitution and laws of this Commonwealth. 

Sect. 3. Be it further enacted, That any one of the persons 
named in this act may call the first meeting of said proprietors, 
by giving notice thereof to the persons named herein, ten days 
previous to the time of holding such meeting. [Jan. 24, 1832.] 

ChciV' 10. An Act authorizing the placing of Piles and Dolphins in the Harbor of New Bedford. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same. 
That the wardens of the port and district of New Bedford, shall 



By-laws. 



First meeting. 



1832. Chap. 10—12. 165 

be empowered to cause such piles and dolphins to be placed on Wardens em- 
or about the bar, which is between the channel and the wharves powered to 
in the harbor of said New Bedford, as in their judgment shall be p'^^^^P''^*' •^'=- 
expedient to facilitate the passage of ships and other vessels across 
said bar. [Jan. 24, 1832.] 

All Act incorporating the Tyngsborough Glass Company. C^hnrt M 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That Robert Brinley, Daniel Richardscn, Calvin Persons iucor- 
Thomas, Joseph Butterfield, Joseph Upton, and Jonas Ken- po^ated. 
dall, together with such others as may hereafter associate with 
them, their successors or assigns, be, and they are hereby made 
a corporation, by the name of the Tyngsborough Glass Company, 
for the purpose of manufacturing window glass, in the town of 
Tyngsborough, in the county of Middlesex, and for this purpose Powers and du- 
shall be entitled to all the powers and privileges, and subject to ^i^^- 
all the duties and requirements contained and prescribed in an act 
passed the twenty-third day of February, in the year of our Lord 
one thousand eight hundred and thirty, entitled " an act defining 1829 ch. 53. 
the general powers and duties of manufacturing corporations." 

Sect, 2. Be it further enacted, That the said corporation Real and per- 
may lawfully hold and possess such real and personal estate as ^°"^' estate, 
may be necessary for the purposes 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 fifty thousand dollars. [Jan. 25, 1832.] 

An Act to incorporate the Leverett Place Brewing Company. r^hnrt 1 ^ 

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

resentatives, in General Court assembled, and by the authority 
of the same. That Isaac Winslow, Edward D. Clark, and John Persons incor- 
Sowdon, Jr., with such other persons as may become associ- porated. 
ates with them, their successors and assigns, be, and they hereby 
are created a body corporate, by the name of the Leverett Place 
Brewing Company, for the purpose of manufacturing malt liquors 
in the city of Boston, in the county of Suffolk ; and for this pur- Powers and du- 
pose shall have all the powers and privileges, and shall be subject *'^*' 
to all the duties and requirements contained and provided in and by 
an act passed on the twenty-third day of February, in the year of 
our Lord one thousand eight hundred and thirty, entitled "an 1829 ch. 53. 
act defining the general powers and duties of manufacturing cor- 
porations." 

Sect. 2. Be it further enacted, That the said corporation Real and per 
may take and hold such real estate, not exceeding in value the '''°"^' estate. 
sum of thirty thousand dollars, exclusive of improvements, and 
such personal estate, not exceeding the sum of twenty thousand 
dollars, as may be suitable and convenient for carrying on the 
manufactures aforesaid. [Jan. 25, 1832.] 



166 1B32. Chap. 13—14. 

Chnn IS ^^ ^^"^ '"^ addition to an Act to incorporate the Hadley Falls Company. 

1826 ch 138 * ^^ *^ enacted by the Senate and House of Representatives, tn 
Real "and per- General Court assembled, and bij the authority of the same, That 
sonai estate. the Hadley Falls Company be, and they hereby are authorized 
and empowered to hold and possess such real and personal estate, 
as shall be necessary or convenient for the purpose expressed in 
their act of incorporation, not exceeding in tlie whole, the sum of 
eighty thousand dollars. [Jan. 25, 1832.] 

Lyflttp- I ^' J^J^ Act to incorporate the Westfield Mutual Fire Insurance Company. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
^oraiTd '°*^^'^' ^^^ *^""^' '^'^^^ William G. Bates, James Fowler, Charles K. 
porae . Bingham, Jehiel Abbott, Samuel Mather, Lewis Fowler, James 

Mosley, Horace Noble, William Atwater, Matthew Ives, Jr., 
and Frederick Fowler, Jr., their associates, successors and as- 
signs, are hereby constituted a body corporate, by the name of 
the Westfield Mutual Fire Insurance Company, with the powers 
and privileges incident to such corporations, for the term of twen- 
ty-five years. 
Whencompa- Sect. 2. Be it further enacted. That, when the sum sub- 
ny may insure, ggj-jbed 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, store, or other buildings, or household fur- 
niture, against damage arising to the same by fire, to an amount 
not exceeding three-fourths of the value of the property insured. 
Choice of offi- Sect. 3. Be it further enacted. That said corporation may 
'^®"' choose such officers, and establish such by-laws as may be 

deemed necessary, not repugnant to the constitution or laws of 
this Commonwealth, and each member shall have as many votes 
as he has policies, and may vote by proxy. 
Investment and Sect. 4. Be it further enacted, That the funds of said cor- 
of funds'^""" poration 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 dama- 
ges 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 de- 
posits, but not to exceed double the amount of such premiums 
and deposits. 
Levy and satis- Sect. 5. Be it further enacted. That whenever any mem- 
'^^'toii"''^^''^' ^^* ^'^^^' recover judgment against said corporation, he may levy 
his execution on their estate or funds, but, if sufficient estate or 
funds cannot be found to satisfy the same, and the directors 
shall neglect or refuse, for the space of thirty days from the ren- 
dering such judgment, to make an assessment agreeably to the 
principles herein expressed, and deliver the same to the treasu 
rer of said corporation, and direct him to collect the same in the 
manner by said corporation pointed out to satisfy such execu- 



1832. Chap. 14—16. 167 

tion, then, and in that case, he may levy the same on the private 
property of any one or more of the directors ; and any director, 
whose property may be thus taken, may sustain an action of the 
case against said corporation to recover full and adequate damages 
therefor. 

Sect. 6. Be it further enacted, That each policy of insur- Policies shall 
ance shall, of itself, without any other ceremony, create a lien on T*??!? ^ ''.®" °° 
any building insured, and on the land under the same, and also ed. 
on any other property insured, and this shall not prevent the tak- 
ing of other collateral security. 

Sect. 7. Be it further enacted, That in case it shall be- Proceedincfs in 
come necessary to resort to the lien on the property insured, the case of resort to 
treasurer shall demand payment of the insured, or his legal repre- 
sentative, and likewise of the tenant in possession, and in case of 
non-payment, the corporation may sustain an action for the sum 
due, either on the deposit note, or by assessment, and their exe- 
cution may be levied on the insured premises, and the officer 
making the levy may sell the whole or any part of the estate at 
auction, giving notice, and proceeding in the same manner, as is 
required in the sale of equities of redemption on execution, and 
the owner shall have a right to redeem the estate by paying the 
costs of sale, the amount of execution, and twelve per cent, in- 
terest thereon, within one year from said sale. 

Sect. 8. Be it further enacted. That each person insured, Dividends, 
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 actu- 
ally paid. 

Sect. 9. Be it further enacted. That the corporation shall Liability to be 
be liable to be taxed by any general law of this Commonwealth, 
taxing other similar institutions ; and any person named in this 
act may call the first meeting, by advertising the same in any 
newspaper printed in the county of Hampden. [Jan. 26, 1832.] 

An Act to repeal " An Act to secure the town of Newljuryport from damage by fire;" (^fiffn, \ 5. 
also to repeal " An Act in addition to an Act, entitled an Act to secure the town of "' 

Newburyport from damage by fire." 1811 ch. 4. 

BE it enacted by the Senate and House of Representatives, in '^ ' ' 
General Court assembled, and by the authority of the same. 
That the act entitled "an act to secure the town of Newburyport Repeal, 
from damage by fire," passed on the fourteenth day of June, in 
the year of our Lord one thousand eight hundred and eleven ; 
also, the act entitled "an act in addition to an act entided, an 
act to secure the town of Newburyport frotn damage by fire," 
passed on the eighteenth day of June, in the year of our Lord 
one thousand eight hundred and twelve, be, and the same hereby 
are repealed. [Jan. 30, 1832.] ^__ 

An Act in addition to an Act to incorporate the Plymouth County Mutual Fire Insur- QJifivj^ \ Q^ 
ance Companj". J * 

Sect. 1. BE it enacted by the Senate and House of Repre- 1827 ch. 78. 
sentatives, in General Court assembled, and by the authority of 
the same, That the Plymouth County Mutual Fire Insurance 



168 



1832.- 



-Chap. 16—11 



sured. 



Chap. 17. 



Persons incor- 
porated. 



Power of insur- Company shall be, and hereby are authorized to insure, for any 
ing extended. ^^^^ ^^ ^^^^ ^^^ jggg ^j^g^ ^^^ je^iY^ nor more than seven years, 

on any dwelling-house or other building, and on any household 
furniture, merchandize and other personal property in any part of 
this Commonwealth, to any amount not exceeding three fourths 
of the value of the property insured. 
Policies shall Sect. 2. Be it further enacted^ That each policy of in- 

create a lien on gupance hereafter made shall of itself, without any other ceremo- 

buildings in- ii-ii- i-- i i uij 

ny, create a hen on the buildmgs therem insured, and on the land 
under the same, and also on any other property insured, for 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 security. [Jan. 30, 1832.] 

An Act to incorporate the Trinitarian Church in New Bedford. 

BE it enacted by the Senate and House of Representatives^ in 
General Court assembled^ and by the authority of the same^ 
That Joshua Barker, David Briggs, Charles Coggeshall, Phine- 
has Burgess, Benjamin Thompson, Junior, John C. Almy, 
Joshua E. Gage, Alfred Kendrick, Simeon Bailey, Robert 
Gibbs, Frederick Reed, Richard A. Palmer, and their associ- 
ates, successors and assigns, be, and they hereby are incorpo- 
rated into a religious society, by the name of the Trinitarian 
Church in New Bedford, with all the privileges, powers and im- 
munities to which other religious societies in this Commonwealth 
are by law entitled, and may hold, purchase and receive, by gift 
or otherwise, real or personal estate not exceeding in value thirty 
thousand dollars ; and Joshua Barker is hereby authorized to call 
the first meeting of said society, for the choice of officers, and 
for the organization thereof, by giving public notice in one of the 
newspapers printed in New Bedford, of the time and place of 
said meeting. {Feb. 2, 1832.] 

An Act to incorporate the Spring Manufacturing Company. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same, That Henry Upham, Thomas B. Coolidge, Wil- 
liam C. Dunbar, and John D. Dunbar, their associates, success- 
ors and assigns, be, and they hereby are made a corporation, by 
the name of the " Spring Manufacturing Company," for the pur- 
pose of manufacturing woollen and cotton goods and machinery, in 
the town of Winchendon, in the county of Worcester ; and for this 
purpose shall have all the powers and privileges, and be subject to all 
the duties and requirements contained in an act, entitled "an act 
defining the general powers and duties of manufacturing corpo- 
rations," passed the twenty-third day of February, in the year of 
our Lord one thousand eight hundred and thirty. 

Sect. 2. Be it further enacted, That the said corporation 
may be lawfully seized and possessed of such real estate, not ex- 
ceeding the value of seventy-five thousand dollars, and such per- 



Real and per- 
sonal estate. 



Chap. 18. 



Persons incor- 
porated. 



Powers and 
duties. 
1829 ch. 53. 



Real and per- 
sonal estate. 



1832. Chap. 18—20. 169 

sonal estate not exceeding the value of one hundred thousand 
dollars, as may be necessary and convenient for the purposes 
aforesaid. [Feb. 2, 1832.] 

An Act to incorporate the Greenfield Manufacturing Company. L^hup, 1". 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same, That Nathaniel E. Russell, Francis Russell, Ed- Persons incor- 
raund Dvvight, and J. K. Mills, together with such other per- P°"t««J- 
sons as may become associates with them, their successors and 
assigns, be and they are hereby made a corporation, by the name 
of the " Greenfield Manufacturing Company," for the purpose 
of manufacturing cotton and wool, and machinery, in the town of 
Greenfield, in the county of Franklin ; and for this purpose shall Powers and du- 
have all the powers and privileges, and be subject to all the du- 
ties and requirements 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 1829 ch. 53. 
and duties of manufacturing corporations." 

Sect. 2. Be it further enacted, That said corporation may Real and per- 
be lawfully seized and possessed of such real estate, not exceed- *°p^' estate, 
ing in value the sum of fifty thousand dollars, exclusive of im- 
provements, and such personal estate, not exceeding in value the 
sum of one hundred thousand dollars, as may be necessary and 
convenient for carrying on the manufactures aforesaid. \^Feb. 
2, 1832.] 

An Act to authorize certain persons to be agents and attornies for the full settlement Ly/lCtp. MJ, 
of the affairs and concerns of the late Newburyport Marine Insurance Company. 1799 ch, g 

Sect. 1. BE it enacted by the Senate and House of Repre- ^obsPh |T"^ 
sentatives, in General Court assembled, and by the authority of i832 ch! 5. 
the same. That Edward S. Rand and Henry Frothingham, Es- Trustees ap- 
quires, two of the stockholders of the late Newburyport Marine pointed. 
Insurance Company, be, and they hereby are appointed trustees 
and agents, for the due collection of all the outstanding claims of 
the said company, with the same powers therefor as the former 
president and directors of the said company had before the disso- 
lution thereof, to collect all the remaining debts due to, and to 
settle all the demands against the late corporation ; and it shall be 
their duty to apportion the residue of all sums received by them 
among the stockholders of said company, according to the respec- 
tive shares by them holden therein, and to adopt all proper meas- 
ures therefor. 

Sect. 2. Be it further enacted, That the said trustees, or Trustees au- 
agents, or either of them, shall have power to fill any vacancy yacancfes? ''" 
which may happen by reason of death, resignation, or inability of 
either of said trustees, before the concerns of said company shall 
be fully closed. 

Sect. 3. Be it further enacted, That an act entitled "an Repeal, 
act to authorize certain persons to be agents and attornies for the 
full settlement of the affairs and concerns of the late Newburyport 

VOL. VII. 22 



170 



1832.- 



-Chap. 20—21. 



Chap, 21. 



Persons incor- 
porated. 



Election of of- 
ficers, &c. 



Real and per- 
sonal estate. 



Change of 
name. 



Marine Insurance Company," passed the 18th January, A. D., 
1832, be, and the same is hereby repealed. \_Feh. 2, 1832.] 

An Act to incorporate the Boston Lying-in Hospital. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives^ in General Court assembled, and by the authority 
of the same, That Benjamin Rich, Thomas K. Jones, Charles 
Lowell, John Heard, Jr., Francis J. Oliver, Lynde Walter, 
Francis Parkman, James W. Burditt, Henderson Inches, Jo- 
seph Lovering, Joseph Coolidge, Robert G. Shaw, Daniel P. 
Parker, George Hayward, Edward H. Robbins, Jacob Bigelow, 
James Phillips, Samuel Perkins, Gedney King, Samuel Foster 
Mc Cleary, Charles Jones, and William C. Aylwin, with their 
associates, together with such other persons as shall from time to 
time be duly admitted members of the corporation hereby created, 
be, and they are hereby formed into and constituted a body poli- 
tic and corporate, under the name of the Boston Lying-in Hos- 
pital, and by that name may sue and be sued, prosecute and de- 
fend suits in law or in equity to final judgment and execution, and 
shall have a common seal, to be by them devised, and the same 
may break, change or alter and renew at pleasure. 

Sect. 2. Be it further enacted, That the said corporation 
may at their first, or any subsequent meeting, choose all neces- 
sary and convenient officers, who shall be elected in such manner 
and for such periods of time as the by-laws of said corporation 
shall provide, and the said corporation shall have power to make 
and establish such by-laws and regulations for the election and gov- 
ernment of its members, and for managing its property, as they 
shall judge to be proper, not repugnant to the constitution and 
laws of this Commonwealth, and may suspend, disfranchise, or 
expel any member for the breach of the same. 

Sect. 3. Be it further enacted, That the said corporation 
shall be capable to take and receive, hold, purchase, and possess 
any grants and devises of lands, tenements, or hereditaments, in 
fee simple or otherwise, and any donations and bequests and sub- 
scriptions of money or other property, and the same, or any part 
thereof, to change, alien and convey : provided, that the annual 
income of any real estate by the said corporation held, exclusive 
of the building or buildings with the land thereto belonging, which 
may be actually occupied or used by the said corporation for 
said lying-in hospital, shall not exceed the sum of ten thousand 
dollars, and that the personal estate of said corporation shall not 
exceed in value, the sum of two hundred thousand dollars. 

Sect. 4. ^nd be it further enacted. That it shall be lawful for 
the said corporation, at any general meeting of its members, to 
alter or change the name of said corporation, either by substitu- 
ting the name of any distinguished benefactor, who may contrib- 
ute a sum exceeding the amount of thirty thousand dollars, for 
the benefit of said corporation, and to aid the benevolent pur- 
poses of the institution, or by adding the name of such benefac- 
tor to the name given to said corporation by this act ; and upon 



1832. Chap. 21—23. 171 

such change so as aforesaid made and notice thereof having been 
given in two or more newspapers, said corporation shall have a 
right to assume and take such name, and shall have, hold and 
enjoy all the powers and privileges given by this act, notwith- 
standing such alteration and change. 

Sect. 5. t^nd be it further enacted, That the persons herein First meeting, 
named, or any two or more of them, shall have power to call the 
first meeting of the members of said corporation, by giving pub- 
lic notice of the time and place of meeting, two weeks success- 
ively in two newspapers printed in Boston. [Feb. 4, 1832.] 
Add. act, 1833 ch. 59. 

An Act to increase the capital stock of the Andover Bank. ChttTJ 22. 

Sect. 1. BE it enacted by the Senate and House of Repre- jggs ch. I6i. 
sentatives, in General Court assembled, and by the authority of 1830 ch. 58, 
the same, That the President, Directors and Company of the Capital stock 
Andover Bank, be, and hereby are authorized and empowered to 
increase their present capital stock, by an addition of twenty-five 
thousand dollars thereto, in shares of one hundred dollars each, 
which shall be paid in such instalments, and at such times as the 
president and directors of said bank may direct and determine : 
provided, however, that the whole amount shall be paid in, on or 
before the first day of October next. 

Sect. 2. Be it further enacted, That the additional stock Additional 
aforesaid shall be subject to the like tax, regulations, restrictions, f^^^ation^^Lc! 
and provisions to which the present capital stock of said corpo- 
ration is now subject. 

Sect. 3. Be it further enacted. That, before said corpora- Certificate, 
tion shall proceed to do business upon the said additional capital, 
a certificate signed by the president and directors, and attested by 
the cashier, that the same has been actually paid into said bank, 
shall be returned into the office of the secretary of this Common- 
wealth. IFeb. 10, 1832.] Add. acts, 1833 ch. 150 : 1836 
ch. 97. 

An Act to incorporate the Institution for Savings in the town of Fairhaven. C^hnn 2S 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority oj 
the same, That Ezekiel Sawin, Asa Swift, Jr., Nathan Church, Persons incor- 
Lemuel Tripp, Phinehas Terry, Duncan McB. Thaxter, J. F. P°'-^'«'^- 
Terry, George Hitch, Silvanus Allen, Philemon Fuller, Jr., 
James Tripp, Joshua Hitch, James Tripp, 2d., Joseph Bates, 
James Niel, Hiram H. Stackpole, W. Barstow, F. R. Whit- 
well, Noah Stoddard, Jabez Delano, Jr., Joseph Tripp, Levi 
Jenney, A. P. Willcox, Z. M. Allen, Enoch S. Jenney, James 
Wing, Philip Nye, Ansel Allen, Ansel Gibbs, Wm. P. Jenney, 
Wm. S. B. Gibbs, Rowland Rogers, Lebbeus Bailey, Bar- 
tholomew Taber, John Howland, Abner Pease, Elihu Wood, 
Jr., O. S. Irish, Arthur Cox, Rowland Gibbs, Franklin Bates, 
Joseph Whelden, and Sampson Perkins, and such other persons 
as may be duly elected, and their successors, be, and they are 



172 1832. Chap. 23. 

hereby incorporated into a body politic, by the name of the 
" Fairhaven Institution for Savings." 
Deposits. Sect. 2. Be it further 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 deposits of money, and to use and improve the same for the 
purposes, and according to the directions herein mentioned and 
provided. 
Investment and Sect. 3. Be it further enacted, That all deposits of money 
income of de- received by said institution shall be by them improved to the best 
advantage, and be invested in such manner as best to promote 
the objects of the institution, and the income or profits thereof 
shall be by them divided among the persons making the said de- 
posits, their executors, administrators and assigns, in just propor- 
tion, with reasonable deductions for expenses, and the principal 
of such deposits may be withdrawn at such time, and in such 
manner as the said institution shall direct and appoint. 
General powers. Sect. 4. Be it further enacted. That the said corporation 
may have a common seal, which they may alter and renew at 
pleasure ; that all deeds, conveyances, grants, covenants, con- 
tracts and agreements, made by their treasurer, or any other per- 
son or persons by their authority and direction, shall be good 
and valid, and the said corporation shall, at all times, have power 
to sue, and may be sued, and may defend, and shall be held to 
answer by the name aforesaid. 
Members. Sect. 5. Be it further enacted. That the said corporation 

shall, at any legal meeting, have power to elect, by ballot, any 
other person or persons, as member or members of said institu- 
tion, and any member, upon filing a written notice with the pres- 
ident thereof, three months prior, may, at any annual meeting of 
said corporation, withdraw, and forever dissolve his connexion 
with the same. 
Place of meet- Sect. 6. Be it further enacted. That the said corporation 
me, and election ghgll hereafter meet at Fairhaven, some time in the month of 
January annually, and at such other times as the corporation shall 
direct ; and any seven members of the 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 Janu- 
ary annually, shall have power to elect by ballot, a president, and 
treasurer, who shall give bond, in the sum of five thousand dol- 
lars, for the faithful discharge 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 office re- 
spectively. 
Statement of Sect. 7. Be it further enacted. That the officers and agents 

affairs. pf g^j^j institution shall lay a statement of the affairs thereof before 

any persons appointed by the Legislature to examine the same, 
whenever required so to do, and shall exhibit to them all the 



1832. Chap. 23—25. 173 

books and papers relating thereto, and shall submit to be exam- 
ined by them under oath concerning the same. 

Sect. 8. Be it further enacted^ That the said corporation By-laws, 
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 Legisla- 
ture may at any time make such further regulations for the gov- 
ernment of the said institution, as they may deem expedient. 

Sect. 9. Be it further enacted, That any one of the per- First meeting, 
sons named in this act shall have power to call the first meeting 
of said corporation, at such time and place as he may judge 
proper, by giving notice in writing to the members of said corpo- 
ration, at least ten days before the day of said meeting. [Feb. 
10, 1832.] 

An Act to incorporate the Walcott Manufacturing- Company. f^hr/n ^iL 

Sect. 1. BEi it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority of 
the same, That Edward Walcott, Matthias Armsby and John Persons incor- 
Wetherell, together with such other persons as may become as- p°'^^^^'^- 
sociates with them, their successors and assigns, be, and they 
hereby are created a body corporate, by the name of the " Wal- 
cott Manufacturing Company," for the purposes of manufacturing 
cotton, at Pawtucket, in the county of Bristol, and for this pur- Powers and 
pose shall have all the powers and privileges, and shall be subject *^""®^- 
to all the duties and requirements, contained and provided, respect- 
ing 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 1829 ch. 53. 
powers and duties of manufacturing corporations." 

Sect. 2. Be it further enacted. That said corporation may Real and per- 
take and hold such real estate at said Pawtucket, not exceeding ^°°^* ^^'^^^' 
in value the sum of fifty thousand dollars, and such personal estate, 
not exceeding in value a like sum, as may be suitable and conve- 
nient for carrying on the manufacture aforesaid. \_Feb. 15, 1832.] 

An Act authorizing Thomas Mayhew, 2d., to construct a Wharf in the harbor of Ed- f^hnn ^2.^ 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same. That 
Thomas Mayhew, second, be, and he hereby is authorized aiid Building of a 
allowed to build a wharf in the harbor of Edgartown, in Dukes ^^^^^ author- 
County, below low water mark, adjoining his land, into the chan- 
nel of said harbor, 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 harbor, and that he be allowed all the privi- 
leges heretofore granted, or that may hereafter be granted, to 
proprietors of wharves in said harbor, for the use, occupation and 
accommodation of said wharf : provided, that this grant shall in Proviso. 
no wise interfere with the legal rights of any other person or per- 
sons whatever. [Feb. 15, 1832.] 



174 



1832.- 



■Chap. 26. 



Chap, 26. 



Persons incor- 
porated. 



Real and per- 
sonal estate. 



Choice of offi- 
cers. 



By-laws. 



Trustees divid- 
ed into classes. 



Powers of trus' 
tees. 



An Act incorporating the Trustees of the Ministerial Fund of the First Congregational 
Parish in Randolph. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That Ebenezer Alden, Royal Turner, John Mann, 
John Wales, James Littlefield and John Belcher, and their suc- 
cessors, be, and they are hereby made a corporation, by the 
name of the "Trustees of the Ministerial Fund of the First 
Congregational Parish in Randolph," and by that name to remain 
a corporation forever, with a common seal, capable and liable in 
law to sue and be sued, in any action, real, personal or mixed, 
and to prosecute and defend the same to final judgment and exe- 
cution, and to have power and authority to hold either real or 
personal estate, or both, the income at six per centum not to ex- 
ceed the sum of fifteen hundred dollars per annum. 

Sect. 2. Be it further enacted, That the said trustees shall 
have power to appoint from among themselves, annually, a chair- 
man, a clerk, and a treasurer, with such other officers as may from 
time to time be necessary, and that the clerk be sworn to the faith- 
ful discharge of the duties of his office, and that the treasurer 
shall give bond to the inhabitants of the first congregational parish 
aforesaid, for the faithful performance of his trust. 

Sect, 3. Be it further enacted, That the said trustees shall 
have power to make, adopt and execute all reasonable by-laws 
and regulations for the government of said corporation, not re- 
pugnant to the constitution or laws of this Commonwealth, sub- 
ject to the approval of the parish. 

Sect. 4. Be it further enacted, That the said trustees be 
divided into three equal classes, in the order of their names above, 
the term of office of one class to expire annually, or as soon as 
others be chosen in their stead, and that vacancies be filled by 
the written votes of the legal voters of said parish, at their meet- 
ing in March or April, in the same manner parish officers are 
chosen ; and whenever any vacancies shall occur in said board of 
trustees, by death, resignation or removal, the said parish, at any 
meeting legally warned for that purpose, may fill said vacancy ; 
and if the said parish neglect or refuse to fill said vacancy for the 
term of one year after it shall happen, then the said trustees, by 
a major vote, shall have power to fill such vacancy. 

Sect. 5. Be it further enacted. That the said trustees shall 
have full power to receive and recover all property, real, personal 
or mixed, which has arisen or grown out of a certain subscription 
made in the year of our Lord one thousand eight hundred and 
twenty-four, by sundry individuals, members of said parish, and 
shall invest the principal of said fund as herein after provided, 
and appropriate the income annually, according to the will of the 
donors, and to no other purpose : provided, if, at any future pe- 
riod, said parish shall fail to be supplied with a pastor, then the 
said trustees shall, during the continuance of such vacancy, apply 
the income as aforesaid towards increasing the principal of said 
fund, and the same invest until the interest of said fund shall 



1832. Chap. 26—28. 175 

amount to the sum of fifteen hundred dollars annually : providing^ 
nevertheless^ that if any future subscription, appropriation, dona- 
tion, or bequest, should be made to the said fund, the trustees 
shall appropriate either the principal or interest of such subscrip- 
tion, appropriation, donation, or bequest, in conformity with the 
conditions under which they may be made. 

Sect. 6. Be it further enacted^ That the said trustees, by Trustees to 
their treasurer, shall exhibit to the said parish annually in the annuaUy'to^he 
months of March or April, an accurate account of their doings, parish, 
expressing all receipts and disbursements during the year, with 
an accurate statement of the amount and nature of the said fund ; 
and the said parish may appoint auditors to examine their books 
and accounts, with the vouchers, who shall make report of the 
state of the fund, with the amount of receipts and disbursements, 
and the said trustees, or any one of them, as the case may be, shall 
be amenable to the said parish for negligence and misconduct in 
the management and disposition of the said fund, for adequate dama- 
ges ; and all sums so recovered shall be applied for the benefit 
of said fund, and be paid to the board of trustees for the time 
being. 

Sect. 7. Be it further enacted^ That the two trustees first First meeting. 
above named, be, and are hereby authorized, to call the first 
meeting of the said corporation, by posting a notice at the meet- 
ing-house of said parish, seven days at least prior to said meet- 
ing, and that all future meetings of said corporation, after the 
first, shall be called in such way and manner as said trustees may 
direct. [Feb. 15, 1832.] 

An Act to improve Chatham Harbor. ChCLT). 27. 

BE it enacted by the Senate and House of Representatives^ 
in General Court assembled, and by the authority of the same. 
That from and after the passing of this act, it shall be lawful for 
the inhabitants of the towns of Chatham and Orleans, in the 
county of Barnstable, and their associates, to open a passage 
through Nauset Beach, within the limits of the town of Chatham, 
for the purpose of improving Chatham harbor. \_Feh. 15, 
1832.] 

An Act to incorporate the First Methodist Episcopal Society in West Newbury and (Jhfiij 28 
Newbury. j * 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
That Micajah Poor, Joseph Perry, Jesse Rogers, Samuel persons incor- 
Gould, Simeon Pilesbury, William W. Perry, Giles Woodman, porated. 
Joseph I. Bayley, David ClefFord and Samuel Stickney, with 
such others as may associate with them and their successors, be, 
and they hereby are incorporated into a society by the name of 
the First Methodist Episcopal Society in West Newbury and 
Newbury, with all the powers and privileges to which other re- powers and 
hgious societies are entitled by the constitution and laws of this privileges. 
Commonwealth, and Micajah Poor is hereby authorized to call 
the first meeting of said society, by posting up his notice at the 



176 



1832.. 



"Chap. 28—30. 



Persons incor- 
porated. 



door of the meeting-house of said society in West Newbury, 
seven days at least before such meeting, specifying the time, 
place and purposes of the same. [Feb. 15, 1832.] 

Chap. 29. ^^ ^^"^ ^° incorporate the New Bedford Port Society for the moral improvement of 
-* Seamen. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives^ in General Court assembled, and by the authority 
of the same., That Samuel Rodman, Jr., James Arnold, Syl- 
vester Holmes, John Howland, Jr., Jonathan Tuttle, Timothy 
I. Dyre, Charles W. Morgan, Orville Dewey, Jared Parkhurst, 
William H. Taylor, John Coggeshall and Nehemiah Leonard, 
their associates and successors, be, and they hereby are incor- 
porated, by the name of the New Bedford Port Society, for the 
moral improvement of seamen, with power to make by-laws and 
regulations for their own government, and the management of 
the concerns of the society, not inconsistent with the laws of 
this Commonwealth, and to take, hold and receive, by gift or 
otherwise, real and personal estate, not exceeding fifty thousand 
dollars in value, and the same to sell and convey, if necessary, 
the income thereof to be applied to the religious, moral and 
professional instruction of seamen, in such manner as the socie- 
ty shall direct. 

Sect. 2. Be it further enacted, That the officers of said 
society shall be a president, two vice presidents, a recording sec- 
retary, corresponding secretary, treasurer, and such number of 
managers not exceeding twenty, as the society may determine to 
elect. And James Arnold and Samuel Rodman, Jr., or either 
of them, may call the first meeting of said society, by giving 
notice thereof in one of the newspapers printed in New Bedford, 
ten days at least previous to the time of said meeting. [Feb. 15, 
1832.] 



Real and per- 
sonal estate. 



Officers and 
first meetins: 



Chap. 30. 

1813 ch. 3. 

1826 ch. 58. 

1827 ch. 29. 
Vacancies how 
made. 



How filled. 



Appropriation 
of money. 



Repeal. 



An Act in further addition to an Act entitled " An Act to incorporate the Trustees of 
the Ministerial Fund in the town of Berkley." 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That, whenever any person, who shall be hereafter 
appointed a trustee of the ministerial fund in the town of Berk- 
ley, shall withdraw from the first congregational society in said 
Berkley, he shall be considered as resigning his office of trustee, 
and the vacancy thereby made shall be filled from the members 
of said society. 

Sect. 2. Be it further enacted, That, whenever any va- 
cancy shall happen by death or resignation, such vacancy shall be 
filled from the members of the aforesaid society. 

Sect. 3. Be it further enacted. That the said first congrega- 
tional society shall have power at their annual meetings to appro- 
priate so much of their ministerial fund, not exceeding the an- 
nual interest thereof, as they shall think expedient, to the pay- 
ment of the salary of their minister. 

Sect. 4. Be it further enacted, That so much of the act to 



1832. Chap. 30—33. ' 177 

which this is in addition, as is inconsistent with the provisions of 
this act, be, and the same is hereby repealed. ^Feb. 16, 

1832.] _^ 

An Act to empower the " Ipswich Manufacturing Company" to construct a canal in Qhri'Q 31 
Ipswich. i ' 

BE it enacted by the Senate and House of Representatives , 
in General Court assembled, and by the authority of the same, 
That the said corporation be, and they hereby are authorized a canarauthor- 
and empowered to make and construct a canal of convenient ized. 
width and dimensions, from the south east end of the dam at 
Farley's Falls so called, or from the river above said falls to the 
mills at the lower falls, with liberty to construct a branch extend- 
ing to the Cove, so called, and terminating on land belonging to 
said corporation : provided, however, that if the said canal shall P^foviso. 
pass through any highway or town way, the said corporation shall 
make and maintain in good repair, a suitable bridge or bridges 
over the same, to the satisfaction of the county commissioners 
of the county of Essex : provided, further, that the said canal 
shall not enter into, or pass through the land of any person or 
persons, without the consent of said person or persons being 
first obtained. [Feb. 16, 1832.J 

An Act to incorporate the Charlestown Dock Company. Ch(tp. 32. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same, That John Skinner, Nathaniel Austin, Benjamin Persons incor- 
Brintnall, and William B. Swett, their associates, successors Pirated, 
and assigns, be, and they hereby are created a body corporate, 
by the name of the "Charlestown Dock Company," for the 
purpose of repairing vessels in the town of Charlestown, in the 
county of Middlesex; and for this purpose shall have all the Powers and du- 
powers and privileges, and shall be subject to all the duties and "^^" 
requirements, contained and provided in an act passed on the 
twenty-third day of February, in the year of our Lord one thou- 
sand eight hundred and thirty, entitled " an act defining the gen- 1829 ch. 53. 
eral powers and duties of manufacturing corporations." 

Sect. 2. Be it further enacted. That said corporation may Real and per- 
take and hold such real estate, not exceeding in value the sum ^°"^' estate. 
of seventy-five thousand dollars, and such personal estate, not ex- 
ceeding in value the further sum of seventy-five thousand dollars, 
as may be necessary and convenient for carrying on the business 
aforesaid. [Feb. 16, 1832.] 

An Act confirming the location of a Wharf in Edgartown, called Mayhew's Wharf, (^fidjj^ 33, 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same. 
That Joseph May hew and Joseph V. Kelley, be, and they Mayhew's 
hereby are authorized and allowed to continue and maintain the ^harf. 
wharf called Mayhew's wharf, situated in the harbor of said Ed- 
gartown, and adjoining the land of the said Joseph Mayhew and 
Joseph V. Kelley, and extending into the channel of said harbor, 
and that they be allowed all the privileges heretofore granted, or 

VOL. VII. 23 



178 1832. Chap. 33—36. 

that may hereafter be granted to proprietors of wharves in said 
harbor, for the use, occupation and accommodation of said 
wharf : provided^ that this grant shall in no wise interfere with 
the le2;al rights of any other person or persons whatever. ^Feb. 
16, 1832.] 

ChdVt 34i. ^^ ^^^ ^° incorporate the Fredonian Manufacturing Company. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
Persons incor- the same, That Israel Longley, Augustus G. Parker, Willard 
porated. Worcester and Sampson Worcester, 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 Fredonian Manufacturing Company, for the 
purpose of manufacturing cotton goods in the town of Shirley, 
Powers and du- 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, contained and provided in and by an act, passed 
on the twenty-third day of February, in the year of our Lord 
1829 eh. 53. one thousand eight hundred and thirty, entitled "an act defining 

the general powers and duties of manufacturing corporations." 
Real and per- Sect. 2. Be it further enacted, That tlie said corporation 
sonal estate. j^^^ ^gj^g ^^^^ I^qI j g^j^j., j,ggj gg^gte, not exceeding in value the 

sum of twenty thousand dollars, exclusive of improvements, and 
such personal estate, not exceeding in value forty thousand dol- 
lars, as may be suitable and convenient for carrying on the man- 
ufacture aforesaid. [Feb. 16, 1832.] 

ChttV. 35. ^^ ^^"^ *° change the name of the Saxon Cotton and Woollen Factory. 

1829 ch. 8. ^^ *^ enacted by the Senate and House of Representatives, 

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

Name altered. That the Corporation established by an act of this Commonwealth 
by the name of the Saxon Cotton and Woollen Factory, shall 
hereafter assume and have the corporate name of the Saxon Fac- 
tory, and with that name shall be subject to all the duties and 
liabilities, and entitled to all the powers and privileges, of the 
Saxon Cotton and Woollen Factory. [Feb. 16, 1832.] 

r^hntt '^{^ ^^ ^^'^ '° incorporate the "Lessees of the City Wharf," in Boston. 

-* ' ' Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
Persons incor- of the same, That AVilliam B. Reynolds, David R. Grige;s, 
porated. ^^^.^^ jy ^y^jj^ j^^ j^j^^^ Kendrick, Rufus Kendrick, and 

John A. Mc Gaw, and others, their associates, successors and 
assigns, be, and they hereby are constituted a body politic and 
corporate, by the name of "Lessees of the City Wharf;" and 
the said corporation by the same name are hereby declared and 
made capable in law to sue and be sued, plead and be impleaded, 
to have a common seal, and the same at pleasure to break, alter 
or renew ; to make rules and by-laws for the. regulation and man- 
agement of the wharf estate and appurtenances which they hold 
as tenants under the city of Boston, for the term of twenty years 



1832. Chap. 36. 179 

from the first day of September, one thousand eight hundred 
and thirty-two, and generally to do and execute whatever by law 
does or may appertain to bodies politic and corporate, under the 
constitution and laws of this Commonwealth. 

Sect. 2. Be it further enacted^ That the said corporation Water rights, 
be and the same hereby is declared and made capable in law to *"=• 
have, hold and possess, for said term of years, all or any part of 
that real estate and appurtenances commonly called and known 
by the name of the City Wharf, in Boston, and the flats, lands, 
docks, water rights and privileges connected therewith : provided^ 
that the lawful proprietors thereof shall legally convey the same 
to said corporation. And said corporation shall have power to 
sell and alien their corporate property, and otherwise to manage, 
improve and alter the same, according to their will and pleasure, 
and shall make and execute any contracts concerning their estate 
in the premises, in such manner and form as shall by their by- 
laws be provided. 

Sect. 3. Be it further enacted^ That said corporation, at Shares, 
any legal meeting, may agree upon the number of shares into 
which their estate in the premises shall be divided, and agree 
upon the forms of the certificates to be given to the proprietors, 
which shares shall be deemed and considered as personal estate, 
and shall be transferable by endorsement upon the certificate, 
recorded by the clerk or secretary of the corporation in a transfer 
book, and shall be liable to attachment on mesne process, and 
sale on execution, according to law. 

Sect. 4. Be it further enacted^ That the said corporation Assessments, 
shall have power to assess on the several members thereof, from 
time to time, such sums of money as may be deemed necessary 
to effect the objects of the corporation, not exceeding one hun- 
dred dollars in the whole on each share, and may order at what 
time and to whom the sums assessed shall be paid : provided^ Provisos. 
always^ that two thirds in number and value of the proprietors 
present at the meeting in which any assessment shall be voted, 
shall concur therein : and provided^ also, that no assessment shall 
be laid unless public notice shall be given of the time, place and 
purpose of meeting, by advertisement in one or more of the 
newspapers printed in Boston, ten days at least before the time 
therefor appointed, or unless notice be specially given by the 
clerk or secretary to each member of said corporation in hand, 
designating, in writing, the time, place and purpose thereof. 

Sect. 5. Be it further enacted, That after an assessment Assessments to 

shall have been laid on the shares of this corporation, no assignee t>? P^'^ before 

r 1 1 11 1 -11 •/••!• givmg a certifa. 

ot any share shall be entitled to a certincate m his own name, caie. 

until he shall have paid all assessments due on the share or shares 
by him claimed ; and the said corporation shall have power, by 
such rules and regulations as it may establish, to sell at public 
auction, and issue a new certificate to the purchaser, of any 
share or shares whereon any assessment shall be due and unpaid, 
notwithstanding any assignment thereof by the delinquent propri- 
etor. 



180 



1832.- 



-Chap. 36—37. 



First meeting. 



Each member 
entitled to one 
vote for every 
share. 



Corporation, 
how long to 
continue. 



Capital stock. 



Chap. 37. 



Persons incor- 
porated. 



Powers and 
duties. 



1829 ch. 53. 



Capital stock, 
cind real estate. 



Sect. 6. Be it further enacted^ That said corporation may 
be called together and organized at any meeting of the persons 
mentioned in the first section of this act, the same being adver- 
tised by any one of them in any paper publicly printed in Boston, 
three times, the first time to be at least six days previous to said 
meeting. And the corporation, at their first meeting, and after- 
wards annually, on such days as shall be established by the by- 
laws, may choose a president, clerk, and such other officers and 
directors, if any, as shall seem fit to a majority of the members 
present ; and may then and there enact, alter, repeal, amend and 
renew such by-laws as shall seem expedient and proper to a ma- 
jority in number and value of the stockholders in said corporation. 

Sect. 7. Be it further enacted^ That in all meetings of 
said corporation, each member or proprietor shall be entitled to 
one vote for every share by him held in said corporation, and 
absent members may vote by proxy, duly authorized by writing, 
to be produced and recorded by the clerk. 

Sect. 8. Be it further enacted. That said corporation shall 
continue until the first day of January, which will be in the year 
of our Lord one thousand eight hundred and fifty-three, unless 
sooner dissolved by authority of the General Court, or in other 
lawful manner. 

Sect. 9. Be it further enacted^ That the whole number of 
shares of the corporate stock of said lessees, shall not exceed 
five hundred, and the stockholders in said corporation shall be 
liable, in their individual persons and estate, for all debts and lia- 
bilities of the said corporation. \_Feh. 16, 1832.] 

An Act to incorporate the Patucket Manufacturing Company. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That David R. Griggs, Aaron D. Weld, Jr., Ste- 
phen Goodhue, and Thomas P. Goodhue, their associates, suc- 
cessors and assigns, be, and they hereby are made a corporation, 
by the name of the "Patucket Manufacturing Company," for 
the purpose of manufacturing flannels, and other woollen stuff 
goods, in the town of Dracut ; and for this purpose shall have all 
the powers and privileges, and be subject to all the duties and 
requirements, contained and provided in and by an act, passed 
on the twenty-third day of February, in the year of our Lord one 
thousand eight hundred and thirty, entitled "an act defining the 
general powers and duties of manufacturing corporations." 

Sect. 2. Be it further enacted. That the capital stock of 
said corporation shall not exceed one hundred thousand dollars ; 
and it may be lawfully seized and possessed of such real estate, 
as may be necessary and convenient for the purposes aforesaid, 
not exceeding in value the sum of fifty thousand dollars. [Feb. 
16, 1832.] 



1832. Chap. 38—39. 181 

An Act to incorporate the Franklin Coal Company. dlttT)* 38. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That William Lyman, Robert Ralston, Jr., George Persons incor- 
Gregory, and their associates, successors and assigns, be, and Pirated, 
they hereby are made a corporation, by the name of the " Frank- 
lin Coal Company," for the purpose of digging, or otherwise [Repealed, 
procuring, and Vending coals ; and shall have all the powers and " ^ ' -' 
privileges, and be subject to all the duties and requirements con- Powers and du- 
tained in an act passed the twenty-third day of February, in the year ''^^' 
of our Lord one thousand eight hundred and thirty, entitled " an 1829 oh. 53. 
act defining the general powers and duties of manufacturing cor- 
porations." 

Sect. 2. Be it further enacted. That the said corporation Real and per- 
may lawfully hold sucli real estate, not exceeding in value one ^°"^' ^^tate. 
hundred thousand dollars, and such personal estate, not exceeding 
in value one hundred thousand dollars, as may be necessary for 
carrying into effect the purposes of this act. 

Sect. 3. Be it further enacted. That the certificates re- Certificates,and 
specting the capital stock, required by the aforesaid act, to be ^^ "^^ "'^' 
filed and recorded in the registry of deeds, shall be made by the 
officers of this corporation, and shall be filed and recorded in the 
registry of deeds for the county of Suffolk. And the first meet- 
ing of the said corporation shall be held in Boston, at such time 
and place as shall be appointed by a majority of the persons 
named in this act, who shall give notice thereof, by publication 
in some newspaper printed in Boston, fourteen days at least be- 
fore the time of meeting. [Feb. 16, 1832.] Add. act, 1832 
ch. 151. 

An Act to change the name of the Etna [^tnd] Insurance Company in Boston, and (Jhnr) 39 
for other purposes. j * 

Sect. 1. BE it enacted by the Senate and House of Rep- 1825 ch. 44. 
resentatives, in General Court assembled, and by the authority 
of the same, That the corporation now known by the name of Change of 
the Etna [^^tna] Insurance Company, shall be allowed to take "^'"^• 
the name of the National Insurance Company. 

Sect. 2. Be it further enacted, That the said corporation Powers. 
under the name of the National Insurance Company, shall have 
and enjoy all the powers and privileges, and be subject to all the 
duties and restrictions granted and contained in the act, entitled 
" an act to incorporate the Etna [tBEtnal Insurance Company in 1825 ch. 44. 
Boston," passed on the eighteenth day of June, in the year of 
our Lord one thousand eight hundred and twenty-five, except as 
herein modified, for and during the term of twenty years after the 
passing of this act. 

Sect. 3. Be it further enacted. That after either of the in- instalments, 
stalments of the capital stock of said company shall become due i>o^^ <^<>"e<='® • 
and payable, the term of thirty days shall be allowed for collect- 
ing and completing the deficiency, if any, arising from non pay- 
ment by any delinquent stockholder or subscriber, and that the 
times fixed in and by the said act, for the payment of the third 
and fourth instalments of the said capital stock, shall be extended 



182 1832. Chap. 39—40. 

to such times as the directors of said corporation shall hereafter 
appoint : provided, however, that the whole of the first and second 
instalments of the said capital stock shall be paid in at the times 
named in said act, or within thirty days after ; and shall be in- 
vested and secured in the like ample manner as is provided in the 
said act, for the investment and security of the whole capital 
Limitation of stock, when fully paid in : and provided, further, that the com- 
pany shall never take on any one risk, a sum exceeding ten per 
centum on the capital stock of said company, actually paid in. 
Sale of shares Sect. 4. Be it farther enacted, That if any subscriber to the 
of delinquents. g^Q^i^ of said Company, or any holder thereof, for the time being, 
shall fail to pay either of the instalments thereon, on the days they 
shall become due respectively, the directors of said company shall 
have power to sell and dispose of so many of the shares of such 
subscriber or stockholder, either at public or private sale, as shall 
be sufficient to pay the amount due from him to the company, 
with interest, and all necessary and incidental charges : provided, 
ten days notice shall first have been given to such delinquent sub- 
scriber or stockholder, of the intention of the directors to sell and 
dispose of the said shares, at or after the expiration of that time, 
unless payment shall sooner be made. [Feb. 18, 1832.] Add. 
act, 1833 ch. 3. 

Clinfi 4-0 ^^ ^^^ '" 3-'^^'''°'^ t<5 ''" ^^^ '° establish the Hampden and Berkshire Turnpike Cor- 
1 * poration. 

1825 ch. 132. Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 

Corporation the Same, That the Hampden and Berkshire Turnpike Corpo- 

may alter their ration, be, and hereby are authorized and empowered to make 
the following alterations in their road, as now established, viz : 
beginning at the foot of a steep hill in said road, about fifty rods 
west of the house of John Phelps, in the town of Russel, and 
county of Hampden, and thence running south of the present 
turnpike road around said hill, in a westerly direction, about forty 
rods, until it again meets the turnpike, and also at a point in said 
road about forty rods west of the house of James Bishop, in said 
town of Russel, and thence running north of the present turnpike 
road, near the house of the heirs of Amos Ward, in a westerly 
direction, about three fourths of a mile, upon the most advanta- 
geous ground, until it again meets the turnpike, on the cleared 
land of Jacob Loomis. And whenever said alterations shall be 
made and accepted by the committee that shall be appointed for 
that purpose, so much of the present turnpike as lies between the 
points of intersection with the contemplated alterations, shall be 
discontinued. 

Duties of corpo- Sect. 2. Be it further enacted. That, in locating and con- 
structing said road, the Hampden and Berkshire Turnpike Cor- 
poration shall be subject to all the duties, obligations and require- 
ments of the act defining the general powers and duties of turnpike 
corporations, and of the act to which this is in addition. [Feb. 
20, 1832.] 



ration. 



1832. Chap. 41—43. 183 

An Act to cede to the United Stales the jurisdiction of Nix's Mate. C^hnil 4<1 

BE it enacted by the Senate and House of Representatives^ in 
General Court assembled^ and by the authority of the same, 
That the jurisdiction of Nix's Mate, in the harbor of Boston, and Nix's Mate ced- 
the soil thereof, being the property of this CornmonvveaUh, be, ed to the U.S. 
and hereby is granted to the United States of America, for the 
purpose of erecting a beacon on the same, the Commonweahh to 
retain concurrent jurisdiction with the United States in and over 
said land, so far that all civil and criminal processes issued under 
the authority of this Commonwealth, or any officer thereof, may 
be executed on any part of said land, or in any building which 
may be erected thereon, in the same way and manner as if the 
jurisdiction had not been granted as aforesaid : provided, that the Proviso. 
United States cause to be built, on the aforesaid Nix's Mate, a 
beacon or monument, within two years from the passing of this 
act. [Feb. 20, 1832.] Add. act, 1834 ch. 39. 

An Act to authorize llie sale of Ministerial Land by the First Congreoratioual Parish /"*/, ^^ AC) 
in Milton. Lhap. 4^. 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same. 
That the First Congregational Parish in Milton be, and hereby is Parish empow- 
authorized and empowered to sell and execute a deed or deeds, ered to sell land. 
(by the treasurer of said parish for the time being,) to convey the 
whole, or any part of the lands owned by said parish, lying within 
the town of Milton, and to invest the proceeds of the sale or sales 
of said lands, as aforesaid, in such manner as the said parish shall, 
by their vote, or by the direction of a committee thereto duly 
authorized by said parish, order and direct : provided, however, Proviso, 
that the proceeds aforesaid shall always be so invested, that the 
income thereof, and no part of the principal sum, shall always 
hereafter be applied for the support of the ministry in said parish. 
IFeb. 20, 1832.] 

An Act to incorporate the Prospect Hill Observatory Association, in New Bedford, dinrt 43 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled^ and by the authority of 
the same, That Stephen Merrihew, Wm. H. Foster, Oliver Persons incor- 
Swain and John Bailey, their associates and successors, be, and P^''^'^''- 
hereby are incorporated, by the name of the " Prospect Hill 
Observatory Association," in New Bedford, with power to erect 
a building, and establish therein a transit and telescope, for mak- 
ing celestial and terrestrial observations, and for other scientific 
purposes, and to make rules and by-laws for the regulation of the 
association, and the management of its concerns, and to exercise 
all other powers usually incident to corporations of the like na- 
ture, consistent with the laws of this Commonwealth. 

Sect. 2. Be it further enacted. That said corporation may Real and per- 
hold such real and personal estate, not exceeding in value ten '*°"^' ®^'^'^- 
thousand dollars, as may be necessary and convenient to carry 
into effect the purposes mentioned in this act. 

Sect. 3. Be it further enacted, That Stephen Merrihew First meeting. 



184 1832. Chap. 43—45. 

shall call the first meeting of said association, by giving notice 
thereof, in one of the newspapers 'printed in New Bedford, five 
days at least before the time of said meeting. [Feb. 20, 1832.] 

ChOiT), 44. •'^" ^^"^ '" addition to an Act to regulate the Fishery in Taunton Great River. 

1815 ch. 119. Sect. 1. BE it enacted by the Senate and House of Repre- 

1819 ch. 133. sentatives. in General Court assembled^ and by the authority of 

1 822 ch38 /. ./». J *J 

1829 ch. 55! t^^^ same, That, from and after the passing of this act, any person 
Regulations of o^ persons, who shall have purchased, or hereafter shall purchase 
fishery. any privilege or privileges of catching shad and alewives, in Taun- 

ton Great river, (the purchaser or purchasers of the privilege of 
the town of Somerset excepted,) and who shall have selected 
and located, or hereafter shall select and locate, the place or 
places where he or they intend to use his or their seine or seines, 
net or nets, for the purpose of catching shad and alewives, and 
such place or places are or shall be in that part of the town of 
Berkley, which is southerly of a line running due east from the 
mouth of tiie Segregansett river, (so called,) in the town of 
Dighton, shall have the right, and it shall be lawful for any such 
person or persons, to draw and sweep at such place or places, 
with a seine or seines, net or nets, thirty rods in length, and no 
more. 
Purchasers of Sect. 2. Be it further enacted, That the purchaser or 
privileges. purchasers of any privilege or privileges of catching shad and 
alewives, as aforesaid, who shall have selected and located, or 
hereafter shall select and locate the place or places, where he 
or they intend to use his or their seine or seines, net or nets, for 
the purpose aforesaid, in that part of the town of Berkley, 
which is southerly of a line drawn due east from the mouth of 
said Segregansett river, shall be subject to, and shall regulate and 
govern himself or themselves, in the use of such privilege or pri- 
vileges, by all the provisions and requisitions of an act entitled 
1819 ch. 133. " an act to regulate the fishery in Taunton Great river," which 
passed on the twenty-first day of February, in the year of our 
Lord one thousand eight hundred and twenty, except so far as 
the same are inconsistent with the provisions of this act. [Feb. 
20, 1832.] Add. act, 1832 ch. 120. 

C/lCip, 4o. An Act to incorporate the New Bedford Marine Railway and Wharf Company. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
nnr'rin '"''°'' ^/ ^^^ ^""^^' "^hat Gcorgc Randall, John C. Haskell, and their 
associates, successors, and assigns, be, and they hereby are, con- 
stituted a body politic and corporate, by the name of the " New 
Bedford Marine Railway and Wharf Company ;" and said cor- 
poration are hereby made capable in law to sue and be sued, im- 
plead and be impleaded, to have a conmion seal, and the same to 
alter and renew at pleasure, to make rules and by-laws for the 
regulation and management of their property, consistent with the 
laws of this Commonwealth, and generally to do and execute 
whatever by law shall appertain to bodies politic. 

Sect. 2. Be it further enacted. That said corporation be, 



porated. 



1832. Chap. 45—46. 185 

and hereby is, declared and made capable to have, hold, and Authorized to 

/ ^ ,, . , Ml 1 • 1 • 1 J 1 erect a marine 

possess, the lolJovving described real estate, viz : the island known railway and 
and designated by the name of Fish Island, lying in Acushnet wharves, 
river, in the town of New Bedford, and county of Bristol, with 
authority and power to erect, continue, and maintain, a marine 
railway and wharves upon the shores of said island, and to ex- 
tend the same to the channel of said river, if this should be 
thought necessary, the said corporation being subject to the pro- 
visions contained in the second section of an act, passed on the 
twenty-third day of June, in the year of our Lord one thousand 
eight hundred and six, entided " an act to authorize the owners 1806 ch. 18. 
of lots of land adjoining on Acushnet river, in the town of New 
Bedford, in the county of Bristol, from Clark's Point, so called, 
to the head of navigation, in said river, to build and extend 
wharves beyond low water mark, in said river :" provided^ how- proviso. 
ever, that no wharf on the western shore of said island shall ever 
approach nearer to the wharves on the opposite shore, than the 
one already erected. 

Sect. 3. Be it further enacted, That said corporation shall Real and per- 
have power to hold real and personal estate, not exceeding fifty ^^"* estate, 
thousand dollars in value, appertaining to the above described 
premises. 

Sect. 4. Be it further enacted, That George Randall shall First meeting-, 
have power to call the first meeting of said corporation, by giv- 
ing personal notice of the time and place thereof, ten days at least 
previous to said meeting ; and the corporation, at such meeting, 
may prescribe the mode of calling future meetings, and may elect 
such officers as they may deem necessary for managing their cor- 
porate affairs. [Feb. 20, 1832.] 

An Act to incorporate thePawtucket Academy. C^hflTI 4fi 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same. That James C. Starkweather, Larned Pitcher, Asa Persons incor- 
T. Hopkins, Edward Walcolt, Lyman Claflin, Dwight Ingra- P*"'^*^''- 
ham, Amos A. Tillinghast and John Burbank, their associates 
and successors, be, and they hereby are incorporated, as the 
" Pawtucket Academy," in the town of Pawtucket, in the coun- 
ty of Bristol, with power to hold real estate, not exceeding in Real and per- 
value eight thousand dollars, and personal estate, not exceeding sonal estate, 
in value twelve thousand dollars, to be devoted exclusively to the 
purposes of education. And said corporation shall have all the 
powers usually incident to similar corporations, and may make all 
necessary by-laws, not repugnant to the constitution and laws of 
this Commonwealth. 

Sect. 2. Be it further enacted. That any two of the per- First meeting, 
sons named in this act may call the first meeting of said corpora- 
tion, by giving notice of the time and place, seven days at least 
previously thereto, in a newspaper printed in Pawtucket, in the 
state of Rhode Island. [Feb 20, 1832.] 

VOL. VII. 24 



186 



1832.- 



■Chap. 47—48. 



Chap. 47. 

1822 ch. 59. 
1825 ch. 11. 
1827 ch. 128. 
1829 ch. 50. 



Chap. 48. 



Dividing lines 
between Bel- 
lingham and 
Franklin es- 
tablished. 



Line between 
Franklin and 
Med way 
straightened. 



An Act in addition to an Act to incorporate the Hampshire and Hampden Canal 
Company. 

BE it enacted by the Senate and House of Representatives^ 
in General Court assembled, and by the authority of the same^ 
That the time allowed for the completion of the Hampshire 
and Hampden Canal, by the seventeenth section of "an act to 
incorporate the Hampshire and Hampden Canal Company," 
passed on the fourth day of February, one thousand eight hun- 
dred and twenty-three, be, and the same is hereby extended to 
the first day of January, one thousand eight hundred and thirty- 
five. [Feb. 20, 1832.] Add. act, 1836 ch. 199. 

An Act to straighten the dividing lines of Bellingham, Franklin and Medway. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That the dividing line between the towns of Belling- 
ham and Franklin in the county of Norfolk is hereby straighten- 
ed and established as follows, viz : beginning at the northerly 
end of said line in the centre of the channel of Charles river op- 
posite the central line of Hoppins river, (so called) thence run- 
ning up stream in said channel one hundred and fifteen rods to a 
stone monument on the southerly side of said river, thence run- 
ning south, eleven degrees west, fifty-nine rods to another stone 
monument, thence south twelve degrees west one hundred and 
one rods to another stone monument, thence in the same direc- 
tion one hundred and fifty-five rods to another stone monument, 
thence south fifteen and one third degrees west one hundred and 
forty-four rods to another stone monument, thence in the same 
direction one hundred and fifty-three rods to another stone mon- 
ument, thence south twenty degrees west one hundred and fifty- 
five rods to another stone monument, thence in the same direc- 
tion two hundred and fifty-three rods to another stone monument, 
thence in the same direction one hundred and forty-eight rods to 
another stone monument, thence south thirteen degrees west, 
one hundred and fifty-two rods to another stone monument, 
thence south nine degrees west one hundred and sixty-seven 
rods to another stone monument, thence south six and three 
quarters degrees west two hundred and forty-one rods to another 
stone monument, thence south seven and one quarter degrees west 
one hundred and seventy-nine rods to another stone monument, 
thence south twelve and two thirds degrees west two hundred 
and three rods to another stone monument, on split rocks (so 
called) on the line of the town of Wrentham ; (the said monu- 
ments being marked on the westerly sides with the capital letter 
B., and on the easterly sides with the capital letter F.,) and the 
said line shall be forever hereafter considered the dividing line 
between said towns. 

Sect. 2. Be it further enacted. That a part of the dividing 
line between the said town of Franklin and the town of Med- 
way, in the county of Norfolk, be, and the same hereby is 
straightened and established as follows, viz : beginning at the 
stone monument on the easterly side of the road leading by the 



1832. Chap. 48—49. 187 

dwelling houses of Samuel Partridge in said Medway, and 
James Metcalf in said Franklin, at the corner of Whiting Met- 
calf's land, thence running easterly in a straight course to anoth- 
er stone monument at the line of the town Wrentham (the said 
monuments being marked on the southerly sides with the capi- 
tal letter F., and on the northerly sides with the capital letter 
M.,) and the said line shall forever hereafter be considered the 
dividing line of said towns of Medway and Franklin between 
said monuments. [Feb. 23, 1832.] 

An Act lo establish the Hoosac Rail or Mc Adamized Road Company. >^t jlq 

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

sentatives^ in General Court assembled., and by the authority of 
the same., That David Anthony, Zelolus Richmond, Caleb Persons incor- 
Brown, Nathan Putnam, Henry Raymond, Alpheus Smith, P^''^^^'^- 
Giles Tinker, Abner Perry, Caleb B. Turner, George Whit- 
man, Thomas Robinson, David Smith, Cyrus Sales, Thomas 
Farnham, William E. Brayton, Russel Brown, Samuel Ingols, 
Warner Farnum, Nathan Willis, Isaac U. Hoxie, John L. Bar- 
ker and Liberty Bowker, their successors, associates and as- 
signs, be, and they hereby are made a body politic and corpo- 
rate, under the name of the Hoosac Rail or Mc Adamized 
Road Company, and by that name shall be, and hereby are, 
made capable in law to sue and to be sued to final judgment and 
execution, plead and be impleaded, defend and be defended 
in any courts of record, or in any other place whatever ; to 
make, have and use a common seal, and the same to break, re- 
new, or alter at pleasure, and shall be, and are hereby vested 
with all the powers, privileges and immunities, which are or may Powers and 
be necessary to carry into effect the purposes and objects of this P"^"^?^^- 
act as herein after set forth. And the said corporation are 
hereby authorized and empowered to locate, construct, and final- 
ly complete a rail or Mc Adamized road in such manner and 
form as they shall deem expedient, beginning at or near the 
north line of Williamstown in the county of Berkshire, thence 
to the north line of Cheshire, with liberty to extend the same to 
or near the source of the Hoosac river, and thereon to trans- 
port persons and property by steam power or otherwise ; 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, and stone and 
gravel, may take as n)uch 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 per- 
son or corporation, by the taking of such land or materials for 
the purpose aforesaid, shall be paid for by said corporation in 
the manner herein after provided. 

Sect. 2. Be it further enacted., That the capital stock of Capital stock, 
said corporation shall consist of six thousand shares, of onehun- <^"'ectors, &c. 
dred dollars each, and the immediate government and direction 
of the affairs of the said corporation shall be vested in five di- 



188 



1832.- 



•Chap. 49. 



Powers of the 
president and 
directors. 



Assessments 
and the sale of 
shares for the 
payment there 
of. 



Proviso. 



By-laws. 



Tolls. 



rectors, who shall be chosen by the members of the corporation 
in the manner herein after provided, and shall hold their offices 
one year, or 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 transaction of business, shall 
elect one of their own number to be president of the board, who 
shall 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 corpora- 
tion, with sureties to the satisfaction of the directors in a sum 
not less than twelve thousand dollars for the faithful discharge of 
his trust. 

Sect. 3. Be it further enacted, That the president and di- 
rectors, for the time being, are hereby authorized and empower- 
ed, by themselves, or their agents, to exercise all the powers 
herein granted to the corporation, for the purpose of locating, 
constructing and completing said rail or macadamized 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 object of this grant, 
to purchase and hold land, materials, and other necessary things 
in the name of the corporation for the use of the said road ; to make 
such equal assessments, from time to time, on all the shares in 
said corporation, as they may deem expedient and necessary in 
the execution and progress of the work, and direct the same to be 
paid to the treasurer of the corporation ; and the treasurer shall 
give notice of all such assessments, and in case any subscriber 
shall 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 auc- 
tion, after giving due notice thereof, to the highest bidder, and 
the same shall be transferred to the purchaser. And such delin- 
quent subscriber shall be held accountable to the corporation for 
the balance, if his 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 assessments due, with interest and the costs of 
sale. Provided, however, that no assessments shall be laid upon 
any shares in said corporation, of a greater amount in the whole 
than one hundred dollars on each share. 

Sect. 4. Be it further enacted, That the said corporation 
shall have power to make, ordain and establish all such by-laws, 
rules, regulations and ordinances as they shall deem expedient 
and necessary to accomplish the designs and purposes, and to 
carry into effect the provisions of this act, and for the well order- 
ing, regulating and securing the interests and affairs of the corpo- 
ration : provided, the same be not repugnant to the constitution 
and laws of the Commonwealth. 

Sect. 5. Be it further enacted. That a toll be and hereby 
is granted and established for the sole benefit of said corporation, 
upon all passengers and property of all descriptions which may 



1832. Chap. 49. 189 

be conveyed or transported upon said road, at such rates per 
mile as may be agreed upon and established from time to time by 
the directors of said corporation. The transportation of persons 
and property, the construction of wheels, the form of cars and 
carriages, the weight of loads, and all other matters and things 
in relation to the use of said road, shall be in conformity to such 
rules, regulations and provisions as the directors shall from time 
to time prescribe and direct, and said road may be used by any 
persons who shall comply with such rules and regulations : pro- 
vided, hoivever, that if, at the expiration of four years from and Legislature 
after the completion of said road, the net income or receipts from "^^y alter tolls, 
tolls, and other profits, taking the four years aforesaid as the basis 
of calculation, shall have amounted to more than ten per cent, 
per annum upon the cost of the road, the Legislature may take 
measures to alter and reduce the rate of tolls and other profits in 
such manner as to take off the overplus for the next four years, 
calculating the amount of transportation upon the road to be the 
same as the four preceding years, and at the expiration of every 
four years thereafter the same proceedings may be had. 

Sect. 6. Be it further enacted, That the directors of said Erection of toll- 
corporation for the time being are hereby authorized to erect houses, «fec. 
toll-houses, establish gates, appoint toll-gatherers, and demand 
toll upon the road, when completed, and upon such parts thereof 
as shall, from time to time, be completed, and they shall, from 
year to year, make a report to the secretary of the Common- Reports to the 
wealth, under oath, of their acts and doings, receipts and expen- secretary, 
ditures, under the provisions of this act, and the books of the said 
corporation shall, at all times, be open to the inspection of any 
committee of the Legislature appointed for that purpose. 

Sect. 7. Be it further enacted. That the said corporation Damages, 
shall be holden to pay all damages that may arise to any person 
or persons, corporation or corporations, by taking their land for 
said rail or macadamized road, when it cannot be obtained by 
voluntary agreement, to be estimated and recovered in the man- 
ner provided by law for the recovery of damages happening by 
the laying out of highways. 

Sect. 8. Be it further enacted, That when the lands, or Lands of infants, 
other property or estate of any femme covert, infant, or person *■*'• 
non compos mentis, shall be necessary for the construction of 
said road, the husband of such femme covert, and the guardian 
of such infant or person non compos mentis, may release all 
damages for any lands or estates taken and appropriated as afore- 
said, as they might do if the same were holden by them in their 
own right respectively. 

Sect. 9. Be it further enacted, That if any person shall Penalty for ma- 
wilfully, maliciously or wantonly, and contrary to law, obstruct ''cious injuries. 
the passage of any carriage on said road, or in any manner spoil, 
injure or destroy said road, or any part thereof, or any thing 
belonging thereto, or any materials or implements to be employed 
in the construction or for the use of the said road, he, she or 
they, or any person or persons assisting, aiding or abetting in 



190 1832. Chap. 49. 

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 any court prop- 
er to try the same, by the treasurer of the corporation, or other 
officer whom they may direct, to the use of said corporation. 
And such offender or offenders shall be liable to indictment by 
the grand inquest for the county within which such trespass shall 
have been committed, for any offence or offences contrary to the 
above provisions, and, on conviction thereof, before any court 
of common pleas, to be holden in said county, shall pay a fine 
not exceeding one hundred dollars, and not less than thirty dol- 
lars, to the use of the Commonwealth, or may be imprisoned for 
a term not exceeding one year, at the discretion of the court be- 
fore whom the conviction may be had. 
Annual meet- Sect. 10. Be it further enacted, Thai {he anmm] meeUng o( 

'"»• 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 directors 
Right of voting, shall be chosen by ballot, each proprietor being entided to as 
many votes as he holds shares : provided, they do not amount to 
more than one tenth 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 two or more newspapers published in the county of 
Berkshire, of the time, place and purpose of such meeting, at 
least fourteen days before the time mentioned in such notice. 
How road shall Sect. 11. Be it further enacted, That if the said rail or 
across private macadamized road, in the course thereof, shall cross any private 
or public ways. Way, the Said corporation shall so construct said rail or macad- 
amized road, as not to obstruct the safe and convenient use of 
said private way ; and, if said rail or macadamized 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 injury ; and if the said 
rail or macadamized road shall, in the course thereof, cross any 
canal, turnpike, or other highway, the said rail or macadamized 
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 rail or mac- 
adamized road, if necessary, may conveniently pass over or 
under the same ; and if said corporation shall raise or lower any 
such turnpike, highway, or private way, pursuant thereto, and 
shall not so lower or raise 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 alteration or amendment, 
in the written opinion of the county commissioners of the county 



1832. Chap. 49. 191 

where such alteration or amendment is proposed, be reasonable 
and proper, and the said corporation shall unnecessarily and un- 
reasonably neglect to make the same, such proprietors or select- 
men, as the case may be, may proceed to make such alteration 
or amendment, and may institute and prosecute to final judg- 
ment and execution, in any court proper to try the same, any 
action of the case against said corporation, and shall therein re- - 
cover a reasonable indemnity in damage for all charges, disburse- 
ments, labor and services occasioned by making such alteration 
or amendment, with costs of suit. 

Sect. 12. Be it further enacted, That no other rail or mac- Restrictions on 
adamized road than the one hereby granted, shall, within thirty other roads, 
years from and after the passing of this act, be authorized to be 
made leading from the north line of Williamstown to the source 
of the Hoosac river, running through Adams and Cheshire : pro- 
vided, that any company which may be incorporated, shall have 
liberty to enter, with any other rail or macadamized road, at any 
point of said Hoosac rail or macadamized road, paying for the 
right to use the same, or any part thereof, such a rate of toll, 
and complying with such rules and regulations, as may be estab- 
lished by said Hoosac Rail or Macadamized Road Corporation, 
by virtue of the fifth section of this act : provided, also, that it Commonwealth 
shall be in the power of the government, at any time during the ™^y P"''<=hase 
continuance of the charter hereby granted, after the expiration of 
twenty years from the opening for use of the rail or macadamized 
road, herein provided to be made, to purchase of the said cor- 
poration, the said rail or macadamized road, and all the franchise, 
property, rights, and privileges of the said corporation, on pay- 
ing therefor the amount expended in making the said road, toge- 
ther with such further sum, as shall, with interest, with the net 
profits and income, that may have been received from tolls, or 
other source of profit, on account of said road, amount to ten per 
cent, annually, upon such cost, and after such purchase, the limi- 
tation provided in this section shall cease, and be of no effect. 

Sect. 13. Beit further enacted. That, if the amount of stock Conditions 
for said rail or macadamized road shall not have been subscribed, 
the company organized, and the location of the route filed with 
the county commissioners of the county of Berkshire, previous 
to the first day of January, in the year of our Lord one thousand 
eight hundred and thirty-five, or if the said stock shall have been 
subscribed, the company organized, and the location made as 
aforesaid, but the said corporation shall fail to complete the said 
rail or macadamized road, on or before the first day of January, 
one thousand eight hundred and thirty-seven, in either of the be- 
fore mentioned cases, this act shall be null and void, otherwise 
shall remain in full force until the Legislature shall purchase said 
rail or macadamized road as aforesaid. 

Sect. 14. Beit further enacted, That said Rail or Mac- Bridges to be 

1 • 1 n I /-. r 11 1 ... , kept m repair. 

adamized Road Company shall constantly mamtam in good re- 
pair, all bridges, with their abutments and embankments, which 



192 1832. Chap. 49—51. 

they may construct for the purpose of passing their rail or mac- 
adamized road, over any canal, turnpike, or other highway, or 
any private way, or of passing such private way, turnpike or 
other highway over said rail or macadamized road. [Feb. 25, 
1832.] 

Chcil)' 50. -^'^ ^^"^ ^° increase the capital stock of the Hamilton Manufacturing Company. 

1824 ch. 44. -^^ *^ enacted by the Senate and House of Representatives^ in 

1827 oh. 37. General Court assembled, and by the authority of the same, 
Increase of cap- That the Hamilton Manufacturing Company, be, and they hereby 
"^" are authorized to increase their capital stock, from the sum of 

eight hundred thousand dollars, to one million of dollars, they 
having still all the powers and privileges, and being subject to all 
the duties and requirements contained in the act passed the twenty- 
third day of February, in the year of our Lord one thousand eight 
1829 ch. 53. hundred and thirty, entitled "an act defining the general powers 
and duties of manufacturing corporations." [Feb. 25, 1832.] 
Add. act, 1837 ch. 10. 

r^hnn ^1 "^'^ Act to incorporate the Commercial Wharf Company in the city of Boston. 

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

sentatives, in General Court assembled, and by the authority of 
Persons incor- the Same, That Robert G. Shaw, Samuel S. Lewis, Elisha 
porated. Hathaway, John Brown, and Charles Henshaw, and others, their 

associates, successors and assigns, be, and they hereby are con- 
stituted a body politic and corporate, by the name of " The Com- 
mercial Wharf Company ; " and the said corporation, by the 
same name, are hereby declared and made capable in law to sue 
and be sued, plead and be impleaded, to have a common seal, 
and the same at pleasure to break, alter and renew ; to make 
rules and by-laws for the regulation and management of the estate 
herein after described, and for the prudent management of their af- 
fairs, consistent with the laws of this Commonwealth, and gener- 
ally to do and execute whatever, by law, does or may appertain 
to bodies politic and corporate within the meaning and intent of 
this act. 
Real estate de- Sect. 2. Be it further enacted, That the said corporation be, 
and the same hereby is declared and made capable in law to have, 
hold and possess, by fee simple, leasehold or otherwise, all, or any 
part of that certain real estate, situate in the said city of Boston, in- 
cluding the Exchange Wharf, and bounded and described as fol- 
lows, to wit : southwesterly and northwesterly by Commercial 
street ; northeasterly, by the northeasterly side of Lewis' Long 
wharf estate ; easterly, by that part of the harbor channel to which 
said company is hereby authorized to extend their wharves ; south- 
erly, by the northerly side of the common highway in the dock es- 
tablished by the city of Boston, the Mercantile wharf corporation 
and others, and thence by the City wharf to Commercial street ; 
and all rights, easements, privileges and appurtenances thereto be- 
longing : provided, the lawful owners of said property shall legally 
convey the same to said Commercial Wharf Company ; and the 
said Commercial Wharf Company shall have power to extend, 



scribed. 



1832. Chap. 51. 193 

build and maintain such wharf or wharves of said company as they 
may deem expedient, into said harbor channel as far as to a line 
drawn straight from the present northeasterly corner of the end 
of Long wharf or Boston Pier, so called, to a point at the north- 
erly end of said line, intersected by the southeasterly line or side 
of Union wharf, extended straight as far as the proprietors of said 
Union wharf are authorized to extend the same by an act entitled 
"an act to authorize the proprietors of Union wharf to extend 1828 ch. 92. 
the same," passed on the twenty-seventh day of February, in the 
year of our Lord one thousand eight hundred and twenty-nine ; 
and said company shall have and enjoy the right to lay vessels at 
the sides and ends of their said wharves, and receive dockage and 
wharfage therefor ; also to grant, sell and alien, in fee simple, or 
otherwise convey their corporate property, or any part thereof, 
within said described limits, and to lease, manage and improve, 
build, rebuild, pull down, or alter the same ; also to remove, 
construct, erect, repair or alter any buildings, wharf or wharves, 
docks, streets or passage ways within said limits, according to 
their will and pleasure, by such forms of conveyances and contracts 
as shall, by their by-laws, be provided : provided, that no wharf 
or other structure shall be built by said company in said channel, 
excepting on piles, and parallel with the lines of the dock and 
common highway established northeasterly of said Long wharf, 
by the city of Boston and others : and provided, also, that nothing 
herein contained shall be construed to authorize the said com- 
pany to lessen or injure the rights or property of the owner or 
owners of any wharf or wharves adjoining those of said company. 

Sect. 3. Be it further enacted, That said Commercial Number of 
Wharf Company, at any legal meeting, may agree upon the num- ^ ^'^^^' 
ber. of shares into which their corporate property and estate 
shall be divided, not exceeding three hundred shares, and agree 
upon the forms of certificates to be given to the proprietors, 
which shares shall be deemed and considered as personal estate ; 
and shall be transferable by assignment on the back of the certifi- 
cate, recorded by the clerk of the corporation in a book to be 
kept for that purpose ; and shall be liable to attachment on mesne 
process, and sale on execution, in the same manner, and accord- 
ing to the form of the statutes, making provision for the attach- 
ment and sale of shares of debtors in corporate companies. 

Sect. 4. Be it further enacted, That the real estate and Attachmenta. 
other property of said corporation shall be liable to be attached 
on mesne process, and to be set ofl'and sold on execution against 
the said corporation in the same manner as the property or estate 
of individuals is by law subject to mesne or final process ; and 
the said corporation shall have the right in equity of redeeming 
the same, appertaining, (by the laws of this Commonwealth) to 
other real estate. 

Sect, 5. Be it further enacted. That the said corporation Assessments, 
shall have power, from time to time, to assess on the stockhold- 
ers such sums of money, not exceeding in the-whole, two thou- 
sand dollars on each share, for the purchase, improvement, and 

VOL. VII. 25 



194 



1832.- 



■Chap. 51—62. 



Sale of shares 
to pay assess- 
ments. 



Right of voting 



First meeting. 



Corporation, 
how long to 
continue. 



good management of their estate, and for removing, constructing, 
erecting, repairing or altering any buildings, wharf or wharves, 
docks, streets or passage ways on the land within said described 
limits, or for the incidental expenses of the said corporation, or 
for the improvement and management of the corporate prop- 
erty and estate, agreeably to the true intent of this act. And in 
case any proprietor shall refuse or neglect to pay any assessment, 
the said corporation may cause such of the shares of such propri- 
etors as may be sufficient therefor, to be sold at public auction, 
to the highest bidder, after thirty days notice to be given, by 
publication thereof, in one or more newspapers printed in said 
Boston. And after deducting the amount assessed and unpaid, 
together with the charges of sale, the surplus, if any, shall be 
paid over to such proprietor, and the purchaser of such share 
or shares, so sold, shall be entitled to receive a certificate of 
the same. 

Sect. 6. Be it further enacted, That in all meetings of the 
members of said corporation for the transaction of business, each 
member or proprietor shall be entitled to one vote for every 
share by him held in said corporation. But no one proprietor 
shall ever be entitled to more than ten votes : provided, always, 
that no assessment shall be made at any meeting, unless the same 
shall be agreed to by two thirds at least in number of votes of 
those present, or represented at said meeting, nor unless public 
notice shall have been given at least ten days previous to such 
meeting, of the purpose of such meeting, by publication thereof 
in one or more newspapers printed in said Boston ; and proprie- 
tors may appear and act by proxy, in writing, at any meeting. 

Sect. 7. Be it further enacted, That either of the persons 
named in the first section of this act may call the first meeting of 
said corporation, by advertisement in any newspaper printed in 
said Boston, three times, the first to be not less than six days 
before the time appointed for such meeting ; and the said Com- 
mercial Wharf Company, at their first meeting, and afterwards 
annually, on such days as shall be established by their by-laws, 
may choose a president, clerk, and such other directors or offi- 
cers, as they may see fit, for conducting their corporate affairs 
and estate ; such clerk to be sworn before entering on the duties 
of his office. 

Sect. 8. Be it further enacted, That said corporation shall 
continue and be in force for the term of fifty years from the time 
of the passage of this act, unless sooner repealed by the Legisla- 
ture. [Feb. 25, 1832.] 



Chap. 52. 



Persons incor- 
porated. 



An Act to incorporate the Wardens, Vestry, and Proprietors of St. Stephen's Church, 
in Pittsfield. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authori- 
ty of the same. That Edward A. Newton, Benjamin Luce, 
Hosea Merrill, Jr., William E. Gold, Jotiathan Allen, 2d., 
Otis Peck, Nelson Strong, Daniel B. Bush, Joseph Shearer, 



1 832. Chap. 52—53. 1 95 

William Hollister, Nathaniel Fairfield, Isaac Ward, Phillips 
Merrill, Bartlett A. Luce, Butler Bement, Thomas Melville, 
Jr., Jonathan Y. Clark, Justus Merrill, Robert Campbell, Com- 
fort B. Piatt, George M. Newell, Levi Beebe, John Holder, 
Addison Merrill, John Pomeroy, Oliver P. Ward, Richard 
Coman, Abner Stevens, William Lister, Lyman Warriner, 
Elias Parker, William Ormsby, Elijah F. Willis, Lemuel Pome- 
roy, Jr., together with such persons as may hereafter associate 
with them, and their successors, be, and they are hereby incor- 
porated into a society, or body politic, by the name of the 
" Wardens, Vestry, and Proprietors of St. Stephen's Church, 
in Pittsfield," with all the powers and privileges, and subject to Powers and pri- 
all the duties and restrictions of other religious societies, accord- vileges.j 
ing to the constitution and laws of this Commonwealth, and the 
rights and usages of the Protestant Episcopal Church in the 
United States of America; and may purchase, receive by gift Real and per- 
or otherwise, and hold real and personal estate, the value of '*°"^' ®s^^'®- 
which shall not exceed thirty thousand dollars, for the purpose of 
building a church, and supporting public worship therein ; and 
may have and use a common seal, and the same alter, at pleasure, 
at any legal meeting of the society ; and may ordain and establish By-laws, 
such by-laws and regulations as to them seem necessary and con- 
venient for the government of said society, and the management 
of their ministerial and parochial funds : provided, such by-laws 
and regulations shall in no wise be contrary to the constitution 
and laws of this Commonwealth. 

Sect. 2. Be it further enacted, That any justice of the First meeting, 
peace for the county of Berkshire is hereby authorized, upon 
application of either of the persons named in this act, to issue his 
warrant, requiring such person applying as aforesaid, to notify a 
meeting of the tTiembers of said society, at such convenient time 
and place as shall be appointed in said warrant, for the election 
of such officers, and transacting such other business as may be 
necessary for the due organization of said society. [Feb. 25, 
1832.] 

An Act to incorporate the Proprietors of Taunton Hotel. Chcip. 53, 

Sect. 1. BE it enacted by the Senate and Bouse of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That Charles Richmond, D. G. W. Cobb, William Persons incor- 
A. Crocker, S. B. King, George A. Crocker, Samuel L. P°^a'ed. 
Crocker, Alpheus Sanford, Abigail West, James Leach, Hoia- 
tio Leonard, and their associates, successors and assigns, be, 
and they hereby are constituted a body politic and corporate, by 
the name of the Proprietors of Taunton Hotel ; and by that 
name are made capable in law to sue and be sued, to plead and 
be impleaded, to have a common seal, and the same to alter and 
renew at pleasure ; and generally to do and perform all acts inci- 
dent to corporations, according to the laws of this Common- 
wealth, and the provisions, limitations and restrictions in this act 
contained. 



196 1832. Chap. 53. 

Real and per- Sect. 2. Be it further enacted, That the said corporation 
sonal estate. hereby created is hereby enabled, and empowered, to purchase 
and to hold, as corporate property, certain real estate situate in 
the town of Taunton, upon Taunton Green, so called, and also 
to purchase and hold such other real estate, in said town of Taun- 
ton, as shall be necessary or convenient for stables, bath-houses, 
or other offices connected with, or for the use of said hotel, and 
also such personal property as they shall deem necessary or con- 
Proviso, venient for the purposes of their association : provided^ alioays, 
that the real estate held by said corporation shall not exceed in 
value the sum of fifty thousand dollars, and said corporation may 
sell any of the real estate so purchased by them : provided, also, 
that the books of said corporation shall be open to all persons 
having claims and demands on said corporation, and who shall 
actually have instituted a suit against them. 
Shares. Sect. 3. Be it further enacted, That it shall be lawful for 
the said corporation to divide their capital stock and property 
into any number of shares, not exceeding six hundred, of the 
value of one hundred dollars each. 
Shares to be Sect. 4. Be it further enacted, That the shares in the 
personal estate, stock of said Corporation shall be personal estate, and that the 
evidence of proprietorship in said shares shall be a certificate, 
signed by the president and countersigned by the secretary, and 
bearing the common seal of the corporation, and shall be assign- 
able by endorsement, under the hand of the proprietor to whom 
the same shall have been issued, and the tide to any share or 
shares shall be vested in the assignee thereof, when the assigned 
certificate shall have been surrendered, and the transfer recorded 
by the secretary, and a new certificate shall thereupon be issued, 
in manner aforesaid, to the assignee. 
Choice of of- Sect. 5. Be it further enacted, That the said proprietors, 
fleers. gj their first, or any subsequent meeting, may choose such a 
number of directors as they shall think proper, and a secretary, 
treasurer, and such other officers as said proprietors may think 
best, all which officers shall be chosen annually, unless said pro- 
prietors shall otherwise order, and the directors shall choose one 
of their own number who shall be president of the corporation ; 
and all officers so chosen shall hold their offices until others are 
chosen, unless said proprietors shall, at their annual meeting, vote 
to abolish or suspend any of the said offices ; and the said pro- 
prietors shall have power to prescribe the respective duties of 
the officers so chosen, and to make such by-laws and regulations 
for the government of the affairs of the corporation as they shall 
think fit, not repugnant to law, and the secretary of said corpo- 
ration shall be sworn to a faithful discharge of his duty. The 
annual meeting of said proprietors for the choice of officers shall 
be held in the town of Taunton, on such day in the month of 
January, and at such place, as said proprietors may order, of 
which public notice shall be given by advertisement in two or 
more newspapers printed in Taunton, at least ten days before 
the time of such meeting. 



1832. Chap. 53—54. 197 

Sect. 6. Be it further enacted, That, in the election of Right of voting, 
officers, and all other questions that shall come before said pro- 
prietors, each proprietor shall be entitled to as many votes as he 
shall have shares, and absent proprietors shall or may authorize 
any proprietor to appear and vote in their behalf, such authority 
appearing in writing, filed with the recording officer of the 
meeting. 

Sect. 7. Be it further enacted, That said corporation shall Assessments. 
have power to assess, on the several members thereof, from time 
to time, such sums of money as may be deemed necessary to 
effect the objects of the corporation, not exceeding one hundred 
dollars in the whole on each share : provided, that two thirds in Proviso, 
number and interest of the proprietors present at the meeting at 
which any assessment shall be voted, shall concur therein, and 
that no assessment shall be made unless public notice shall be 
given of the time, place and purpose of said meeting, by adver- 
tisement in two or more newspapers printed in Taunton, at least 
ten days before the time appointed therefor. 

Sect. 8. Be it further enacted, That after an assessment Shares liable to 
shall have been laid on the shares of said corporation, no assignee assessments, 

~ , 1 ,1 1 • 1 1 •/? • I • notwithstandmg 

01 any share shall be entitled to a certincate m his own name, any assignment. 

until all assessments due on said shares shall have been paid, and 

said corporation shall have power, by such rules and regulations 

as they may establish, to provide for the sale, at public auction, 

of any share or shares whereon any assessment or assessments 

shall be due and unpaid, notwithstanding any assignment thereof 

by the delinquent proprietor. 

Sect. 9. Be it further enacted. That the shares of proprie- Attachments, 
tors in said corporation shall be liable to be attached on mesne 
process, and taken and sold on execution to satisfy judgments, 
recovered against the proprietor or proprietors of such shares, in 
the same manner as is by law provided in similar cases. 

Sect. 10. Be it further enacted. That the said Charles First meeting 
Richmond shall have authority to call the first meeting of said 
corporation, by advertising in any of the public newspapers 
printed in Taunton, at least ten days before the time of meeting. 
[Feb. 25, 1832.] 

An Act in addition to an Act to regulate the Fishery in Monatiquot River, in the town ChciT) 54- 
of Braintree. -t' 

BE it enacted by the Senate and House of Representatives, in ^^^^ ^^' ^^^' 
General Court assembled, and by the authority of the same. 
That the committee, or the survivors or survivor of them, in case Committee, or 
of death of either, annually chosen by the inhabitants of said town survivors au- 

c ft • % • • c ^ n • r • t thorized to pros- 

ot Isramtree, pursuant to the provisions oi the nrst section ot said ecute actions. 
act, be, and they are hereby fully authorized and empowered to 
prosecute, sue for and recover any and all penalties incurred by 
any breach or breaches of said act, before any court of record 
proper to try the same, and that all fines and penalties recovered 
by such committee, suing as such, or by the survivors or survivor 
of them, shall be, and enure to the sole use of the said inhabitants 
of said town of Braintree. [Feb. 2-5, 1832.] 



198 



1832.- 



■Chap. 65 — 56. 



Chap* 55. 



Persons incor- 
porated. 



Real and per- 
sonal estate. 



Trustees and 
other officers. 



Right of voting. 



Transfer of 
shares. 



First meeting. 



Chap. bQ, 

1819 eh. 20. 

1820 ch. 22. 70. 
1822 ch. 75. 

Repeal. 



An Act to incorporate the " Fellenberg Academy," in the town of Greenfield. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That Wales Tileston, Samuel H. Read, James H. 
Coffin, Ansel Phelps, Elijah Alvord, Hooker Leavitt and Frank- 
lin Ripley, together with their associates, their successors and 
assigns, be, and they hereby are incorporated, by the name of 
"the Fellenberg Academy," in the town of Greenfield, and by 
that name may sue and be sued, and shall be invested with all the 
powers, privileges and immunities, to which other similar corpo- 
rations in this Commonwealth are by law entitled, and shall be 
capable of holding in fee such estate, real and personal, obtained 
by grant, donation or purchase, as they shall find necessary for 
the establishment and operation of the academy aforesaid, and the 
same to grant, sell and convey in fee simple or otherwise, as the 
said proprietors shall determine : provided, that the whole estate 
of said corporation shall not exceed twenty thousand dollars, and 
that the same shall be wholly applied to the purposes of educa- 
tion. 

Sect. 2. Be it further enacted, That the proprietors of the 
said Fellenberg Academy shall be authorized to elect, annually, 
any number of persons, not less than five, nor more than fifteen, 
who shall be trustees of said academy, and continue in office for 
one year, and until others are chosen and qualified in their stead, 
and also to choose such other officers as shall be thought proper. 
The said trustees shall have the management and control of the 
property and concerns of the corporation, subject to such direc- 
tions, as the proprietors of the said institution may give at any 
legal meeting. In the choice of officers, and in all votes of the 
corporation, each proprietor shall be entitled to as many votes as 
he has shares : provided, that no person shall be entitled to more 
than ten votes. 

Sect. 3. Be it further enacted. That the said proprietors 
shall be authorized to agree upon the mode of transferring shares, 
and the shares of each proprietor shall be a pledge to tl)e corpo- 
ration for the payment of instalnaents that may become due. 

Sect. 4. Be it further enacted, That any two of the per- 
sons above named are hereby authorized to call the first meeting 
of the said proprietors, by advertising seven days previous in 
some public newspaper printed in Greenfield, at which meeting, 
or at any other meeting duly called and holden, said proprietors 
may agree upon the mode of calling future meetings, and adopt a 
system of by-laws, not inconsistent with the laws of this Com- 
monwealth. [Feb. 25, 1832.] 

An Act in addition to " An Act further regulating the^Fishery in the Merrimack river, 
and the streams running into the same." 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same. That the fourth and fifth sections of an act, entitled 
" an act further regulating the fishery in the Merrimack river and 
the streams running into the same," passed the eighteenth day of 



1832. Chap. 56—60. 199 

June, in the year of our Lord one thousand eight hundred and 
nineteen, be, and the same are hereby repealed : provided, how- 
ever, that the said sections shall be in full force as to any prose- 
cutions commenced for a breach of the same. 

Sect. 2. Be it further enacted, That, instead of the penalty Penalty altered, 
contained in the third section of the act to which this is in addi- 
tion, the person or persons offending against the same, shall, for 
such offence, forfeit and pay a sum not exceeding twenty dollars, 
nor less than five dollars, to be recovered on complaint made to 
any justice of the peace for the county where said offence shall 
be committed ; one half to the use of the town where the offence 
shall be comniitted, and the other half to the use of the person 
or persons who may prosecute for the same. [jPc6. 25, 1832.] 

An Act to authorize the owners of the T Wharf, in the city of Boston, to extend the f^hnn ^1 
same into the channel. ^Iia[/. O t . 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That the proprietors and owners of that quay or wharf. Proprietors au- 
lying next northerly of the Boston Pier, or Long wharf, in the 'hof'^ed to ex- 
city of Boston, known and called by the name of the T wharf, 
their heirs or assigns, be, and they are hereby authorized, licensed 
and empowered, at their pleasure, to erect, continue and maintain 
said wharf beyond low water mark, until the easterly end thereof 
shall be on a line with the northeast corner of the head of said 
Boston pier, or Long wharf, and the southeast point or end of 
Union wharf, extended to the limit prescribed by an act, entitled 
"an act to authorize the proprietors of Union wharf to extend 1828 ch. 92. 
the same," passed on the twenty-seventh day of February, A. 
T). one thousand eight hundred and twenty-nine : provided, how- Proviso. 
ever, that said T wharf shall be extended within the lines of said 
wharf, as it now exists, continued eastwardly to the limit afore- 
said, and that any addition to said wharf, made in virtue of this 
act, shall be made with and upon piles, and that no solid wharf, 
by which the course of the water can be obstructed, shall be 
erected or placed in the channel. 

Sect. 2. Be it further enacted. That nothing herein con- Rights of others 
tained shall have the effect to enable said proprietors of said T P''°'^'='^''- 
wharf, their heirs or assigns, to violate any covenants or engage- 
ments they have made or entered into with any person or per- 
sons, or bodies corporate, and which are now subsisting, nor to 
infringe the rights or estates of any person or persons whomso- 
ever. \_Feb. 25, 1832.] 

An Act to increase the capital stock of the Gloucester Bank. C^hnirt i\(\ 

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

sentatives, in General Court assembled, and by the authority of j827ch. 113. 
the same. That the president, directors, and company of the I830ch.58, 
Gloucester Bank, be, and hereby are authorized and empower- In^easeofcap- 
ed to increase their present capital stock, by an addition of 
eighty thousand dollars thereto, in shares of one hundred dollars 
each, which shall be paid in such instalments, and at such times. 



200 



1832.- 



-Chap. 60—63. 



Additional 
stock liable to 
taxation, &c. 



Certificate. 



Chap. 61, 

1831 ch. 68. 



Increase of cap- 
ital. 



Additional 
stock liable to 
be taxed, &c. 



Certificate. 



Chap. 63. 



Persons incor- 
porated. 



Powers and 
duties. 



as the president and directors of said bank may direct and de- 
termine : provided^ however, that the whole amount shall be paid 
in, on or before the first day of October next. 

Sect. 2. Be it further enacted^ That the additional stock 
aforesaid shall be subject to the like tax, regulations, restrictions 
and provisions to which the present capital stock of said corpora- 
tion is now subject. 

Sect. 3. Be it further enacted^ That, before said corpo- 
ration shall proceed to do business upon said additional capital, 
a certificate, signed by the president and directors, and attested 
by the cashier, that the same has been actually paid into said 
bank, shall be returned into the office of the secretaiy of this 
Commonwealth. [Feb. 25, 1832.] 

An Act to increase the capital stock of the Oriental Bank in Boston. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives., in General Court assembled, and by the authority of 
the same., That the president, directors and company of the Ori- 
ental Bank, in Boston, be, and they hereby are, authorized and 
empowered to increase their present capital stock, by an addi- 
tion of two hundred and fifty thousand dollars thereto, in shares 
of one hundred dollars each, which shall be paid in such instal- 
ments, and at such times, as the president and directors of said 
bank may direct and determine : provided, however, that the 
whole amount shall be paid in, on or before the first day of Oc- 
tober next. 

Sect. 2. Be it further enacted, That the additional stock 
aforesaid shall be subject to the like tax, regulations, restrictions 
and provisions, to which the present capital stock of said corpo- 
ration is now subject. 

Sect. 3. Be it further enacted. That, before said corpo- 
ration shall proceed to do business upon such additional capital, 
a certificate, signed by the president and directors, and attested 
by the cashier, that the same has been actually paid into said 
bank, shall be returned into the office of the secretary of this 
Commonwealth. [Feb. 28, 1832.] 

An Act to incorporate the Cabot Manufacturing Company. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same, That Jonathan Dwight, Harrison G. Otis, Israel 
Thorndike, Edmund Dwight, James K. Mills, Thomas H. Per- 
kins, Samuel A. Eliot, Benjamin Day, Samuel Cabot, Francis 
Stanton, George W. Lyman and George Bliss, their associates, 
successors and assigns, be, and they hereby are made a corpora- 
tion, by the name of the " Cabot Manufacturing Company," 
for the purpose of manufacturing cotton and woollen goods, iron 
and machinery, in the town of Springfield, in the county of 
Hampden, and for this purpose shall have all the powers and 
privileges, and be subject to all the duties and requirements con- 
tained in an act passed the twenty-third Jay of February, in the 
year of our Lord one thousand eight hundred and thirty, en- 



1832. Chap. 63—64. 201 

titled " an act defining the general powers and duties of manu- 1829 ch. 53. 
facturing corporations." 

Sect. 2. Be it further enacted, That the capital stock of Capiiai stock 
said corporation shall not exceed the sum of one million of dol- ^"<^ '®^' ®*^^^®- 
lars, and that the said corporation may be lawfully seized and 
possessed of such real estate as may be necessary and conven- 
ient for the purposes aforesaid, not exceeding the value of two 
hundred thousand dollars, exclusive of buildings and improve- 
ments that may be made thereon, by said corporation. [Feb. 
28, 1832.] 

An Act to incorporate the President, Directors and Company of the Fitchburg Bank, Chttp. 64f. 
in Fitchburg. ■'■ 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives., in General Court assembled, and by the author- 
ity of the same, That Francis Perkins, Edmund Gushing, pgrgong ;„<.(,,. 
George H. Hills, Nathaniel Rand, Stephen P. Gardner, Ivers porated. 
Jewett, Nathaniel Wood, David Boutelle, Alpheus Kimball, 
their associates, successors and assigns, be, and they are hereby 
created a corporation by the name of the " President, Direc- 
tors and Company of the Fitchburg Bank," and shall so contin- 
ue until the first day of October, which shall be in the year of 
our Lord one thousand eight hundred and fifty-one ; and said 
corporation shall be entitled to all the powers and privileges. Powers and du- 
and subject to all the duties, liabilities and requirements contain- *'^^- 
ed in an act passed on the twenty-eighth day of February, in the 
year of our Lord one thousand eight hundred and twenty-nine, 
entided " an act to regulate banks and banking," and the pro- 1828 ch. 96. 
visions of an act passed on the twenty-eighth day of February, 
in the year of our Lord one thousand eight hundred and thirty- 
one, entided " an act to continue the banking corporations there- 1830 ch. 58. 
in named, and for other purposes." 

Sect. 2. Be it further enacted. That the stock in said wiiereand 
bank shall be transferable only at its banking house, and in 'ts J^^^^^®^^°^{'^'^ 
books, and no part thereof shall be transferred byway of security 
for the performance of any obligation whatsoever, until two years 
from the payment of the first instalment into said bank. 

Sect. 3. Be it further enacted, That the capital stock of Capital stock, 
said corporation shall consist of the sum of one hundred thou- 
sand dollars, to be divided into shares of one hundred dollars 
each, to be paid in such instalments, and at such times, as the 
stockholders may direct : provided, the whole be paid in, within 
one year from the passing of this act. 

Sect. 4. Be it further enacted. That the said bank shall First meeting, 
be established in the town of Fitchburg, and that any three of 
the persons before named shall be authorized to call the first 
meeting of said corporation, by advertising the same in any 
newspaper published in the county of Worcester ten days at 
least before said meeting. [Feb. 28, 1832.] 

VOL. VII. 26 



202 



1832.- 



■Chap. 65—67. 



Chap. 65. 



An Act to increase the capital stock of the Franklin Bank. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
1830 ch! 68. resentatives, in General Court assembled, and by the authority 
Increase of cap- of the Same, That the president, directors and company of the 
ital. Franklin Bank, be, and hereby are authorized and empowered 

to increase their present capital stock, by an addition of fifty 
thousand dollars thereto, in shares of one hundred dollars each, 
which shall be paid in such instalments, and at such times, as the 
president and directors of said bank may direct and determine : 
provided, however, that the whole amount shall be paid in, on or 
before the first day of October next. 
Additional Sect. 2. Be it further enacted, That the additional stock 

stock subject to aforesaid shall be subject to the like tax, regulations, restric- 
' ' lions, and provisions, to which the present capital stock of 
said corporation is now subject. 
Certificate. Sect. 3. Be it further enacted. That, before said corpo- 

ration shall proceed to do business upon said additional capital, 
a certificate, signed by the president and directors, and attested 
by the cashier, that the same has been actually paid into said 
bank, shall be returned into the office of the secretary of this 
Commonwealth. [Feb. 28, 1832.] 



Chap. 66. 



Persons incor- 
porated. 



Powers and du- 
ties. 



1829 ch. 63. 



Real and per- 
sonal estate. 



Chap. 67. 



Persons incor- 
porated. 



An Act to incorporate the Bellingham Cotton Manufacturing^ Company. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority 
of the same, That Nathan Jones, Asa Richardson, William 
White and Gilbert Clark, and such persons as may hereafter be 
associated with them, their successors and assigns, be, and they 
hereby are created a body corporate, by the name and title of 
the Bellingham Cotton Manufacturing Company, for the purpose 
of manufacturing cotton goods, and building machinery for said 
manufacture ; and for this purpose shall have all the powers 
and privileges, and be subject to all the duties and requirements 
respecting such corporations, contained and provided in and by 
an act passed on the twenty-third day of February, in the year of 
our Lord one thousand eight hundred and thirty, entitled "an act 
defining the general powers and duties of manufacturing corpo- 
rations." 

Sect. 2. Be it further enacted. That said corporation may 
lawfully hold and possess such real estate, not exceeding twenty 
thousand dollars, and such personal estate, not exceeding thirty 
thousand dollars, as may be necessary and convenient for the 
purposes aforesaid. [Feb. 29, 1832.] 

An Act to incorporate the Marblehead Charitable Society. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same. That Isaac Collyer, Nathaniel Adams, Samuel Dodd, 
3d., Nehemiah Preble, Amos Humphrey, Jr., Joseph Glass, 
William Frederick, Samuel Standly, Thomas E. Vicary, Jo- 
seph Tucker, Daniel Symonds, Benjamia Doliber, Samuel 
Sparhawk, Samuel S. Trefrey, John White, Charles Chadwick, 



1832. Chap. 67—69. 203 

John S. Bartlett, Richard S. Thompson, Francis Parton and 
John Sparhavvk, together with such as are or may hereafter be- 
come members of said society, be, and hereby are incorporated 
and made a body politic and corporate, by the name of the Mar- 
blehead Charitable Society, for the purpose of raising a fund in 
order to assist and relieve each other when in circumstances of 
want and distress ; to aid their destitute widows, to provide for 
their helpless orphans, and to perform such acts of charity and 
benevolence as the funds of the society may allow. 

Sect. 2. Be it further enacted, That said society shall Choice of offi- 
have power to choose a president, secretary, treasurer, and all 
other necessary officers, and to make all proper and necessary 
rules and by-laws for the regulation of its members and property, 
not repugnant to the constitution and laws of this Commonwealth. 

Sect. 3. Be it further enacted, That said society shall be Real and per- 
capable of purchasing, receiving and holding any estate, real or *°"^* estate, 
personal, to be used and improved for the purposes aforesaid : 
provided, the whole estate of the society shall not exceed the 
value of twenty thousand dollars. 

Sect. 4. Be it further enacted, That Isaac Collyer be, and First meeting, 
he hereby is authorized to call the first meeting of the society, at 
such time and place as he shall think proper, and he is also em- 
powered to act as secretary until another shall be chosen. [Feb. 
29, 1832.] 

An Act to increase the Capital Stock of the Merchants Bank in Boston. CrtflW. DO. 

Sect. 1. BE it enacted by the Senate and House of Rep- issoch. 133. 
resentatives, in General Court assembled, and by the authority 
of the same, That the president, directors and company of the Capital stock 
Merchants Bank in Boston, be, and they hereby are authorized '"<^''^^*^ • 
and empowered to increase their present capital stock, by an [Further in- 
addition of two hundred and fifty thousand dollars thereto, in ^aUtock i'^^'' 
shares of one hundred dollars each, which shall be paid in such ch. 92.] 
instalments, and at such times, as the president and directors of 
said bank may direct and determine : provided, however, that the 
whole atnount shall be paid in, on or before the first day of Oc- 
tober next. 

Sect. 2. Be it further enacted. That the additional stock Additional 
aforesaid shall be subject to the like tax, regulations, restrictions tax'' &c. ^^*'"^*' 
and provisions to which the present capital stock of said corpora- 
tion is now subject. 

Sect. 3. Be it further enacted. That, before the said cor- Certificate, 
poration shall proceed to do business upon such additional capi- 
tal, a certificate, signed by the president and directors, and at- 
tested by the cashier, that the same has been actually paid into 
said bank, shall be retia-ned into the office of the secretary of 
this Commonwealth. [Feb. 29, 1832.] Add. act, 1836 ch. 92. 

An Act to incorporate the President, Directors and Company of the Charles River (Jh(ip» 69, 
Bank in Cambridge. ■* 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same. That Asahel Stearns, Israel Porter, Levi Farwell, Persons incor- 
William J. Whipple, Abel Willard, Eliab W. Metcalf, Samuel P°'^^'^'^- 



204 



1832.. 



■Chap. 69—70. 



1828 ch. 96. 



1830 ch. 58. 



Transfer of 
stock. 



Capital stock. 



O. Mead and James Brown, their associates, successors and as- 
signs, shall be, and they hereby are created a corporation, by 
the name of the President, Directors and Company of the 
Charles River Bank, and shall so continue until the first day of 
October, which shall be in the year of our Lord one thousand 
Powers and du- eight hundred and fifty-one, and shall be entitled to all the pow- 
''*^' ers 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 
hundred and twenty-nine, entitled " an act to regulate banks and 
banking," and to the further provisions contained in an act passed 
the twenty-eighth day of February, in the year of our Lord one 
thousand eight hundred and thirty-one, entitled "an act to con- 
tinue the banking corporations therein named, and for other pur- 
poses." 

Sect. 2. Be it further enacted. That the stock in said bank 
shall be transferable only at its banking house, and in its books, 
and no part thereof shall be transferred by way of security for the 
performance of any obligation whatsoever, until two years from 
the payment of the first instalment into said bank. 

Sect. 3. 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 stockhold- 
ers may direct : provided, the whole be paid in, within one year 
from the passing of this act. 

Sect. 4. Be it further enacted, That the said bank shall be 
established in the town of Cambridge, and that any three of the 
persons before named shall be authorized to call the first meeting 
of said corporation by advertising the same in any newspaper 
published in the county of Middlesex, ten days at least before 
said meeting. [Feb. 29, 1832.] 

Chctp. 70. An Act to increase the capital stock of the Rail-road Bank. 

1830 ch. 143. Sect. 1. BE it enacted by the Senate and House of Rep- 

resentatives, in General Court assembled, and by the authority 
of the same, That the president, directors, and company of the 
Rail-road Bank, be, and hereby are, authorized and empowered 
to increase their present capital stock, by an addition of two hun- 
dred thousand dollars thereto, in shares of one hundred dollars 
each, which shall be paid in such instalments, and at such times, 
as the president and directors of said bank may direct and deter- 
mine : provided, however, that the whole amount shall be paid in, 
on or before the first day of October next. 

Sect. 2. Be it further enacted, That the additional stock 

stock subject to aforesaid shall be subject to the like tax, regulations, restrictions 
and provisions, to which the present capital stock of said corpo- 
ration is now subject. 

Sect. 3. Be it further enacted, That before said corpora- 
tion shall proceed to do business upon said additional capital, a 
certificate, signed by the president and directors, and attested 



Location. 



Increase of cap' 
ital. 



Additional 



Certificate. 



1832. Chap. 70—72. 203 

by the cashier, that the same has been actually paid into said 
bank, shall be returned into the office of the secretary of this 
Commonwealth. [Feb. 29, 1832.] Add. acts, 1834 ch. 80 : 
1836 ch. 95. 

An Act to increase the capital stock of the Merrimack Bank. C^hfl^l 71 

Sect. 1. BE it enacted hy the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of the inn ch. 71. 
same, That the President, Directors and Company of the Mer- ^830 ch. 58. 
rimack Bank be, and hereby are authorized and empowered to Increase of cap- 
increase their present capital stock, by an addition of one hundred 
and twenty thousand dollars thereto, in shares of one hundred 
and fifty dollars each, which shall be paid in such instalments, 
and at such times, as the president and directors of said bank 
may direct and determine : provided, however, that the whole 
amount shall be paid in, on or before the first day of October 
next. 

Sect. 2. Be it further enacted, That the additional stock Additional 
aforesaid shall be subject to the like tax, regulations, restrictions taxa^io"^!^*^'^ '" 
and provisions, to which the present capital stock of said corpo- 
ration is now subject. 

Sect. 3. Be it further enacted. That before said corpora- Certificate, 
tion shall proceed to do business upon said additional capital, a 
certificate, signed by the president and directors, and attested by 
the cashier, that the same has been actually paid into said bank, 
shall be returned into the office of the secretary of this Common- 
wealth. IFeb. 29, 1832.] Add. act, 1836 ch. 78. 

An Act to increase the capital stock of the Lowell Bank. CflCtt)* 72. 

Sect. 1. BE it enacted by the Senate and House of Repre- i827ch. 126. 
sentatives, in General Court assembled, and by the authority of |828 ch. I3i. 
the same, That the President, Directors and Company of the increase ofc^ . 
Lowell Bank be, and they hereby are authorized and empowered itai. 
to increase their present capital stock, by an addition thereto of 
one hundred thousand dollars, in shares of one hundred dollars 
each, which shall be paid in such instalments, and at such times, 
as the president and directors of said bank may direct and deter- 
mine : provided, however, that the whole amount shall be paid in, 
on or before the first day of October next. 

Sect. 2. Be it further enacted. That the additional stock Additional 
aforesaid shall be subject to the like tax, regulations and restric- tJ°atiom"'^*^' '"^ 
tions, to which the present capital stock of said corporation is 
now subject. 

Sect. 3. Be it further enacted, That, before said corpora- Certificate. 
tion shall proceed to do business upon said additional capital, a 
certificate, signed by the president and directors, and attested by 
the cashier, that the same has been actually paid into the said 
bank, shall be returned into the office of the secretary of this 
Commonwealth. [Feb. 29, 1832.] 



206 



1832.- 



-Chap. 74—75. 



Chap. 74. 

1831 ch. 56. 



Government 
may purchase 
rail-toad, &c. 



Further period 
allowed for 
completing 
road. 



Chap. 75. 



Persons incor- 
porated. 



First meetino 



An Act in addition to " An Act to establish the Boston and Providence Rail-road 
Corporation." 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority of 
the same, That it shall be in the power of the government of the 
Commonwealth, at any time during the continuance of the charter 
of the said Boston and Providence Rail-road Corporation, after 
the expiration of twenty years from the opening for use of the 
rail-road therein provided to be made, to purchase of the said 
corporation, the said rail-road, and all the franchise, property, 
rights and privileges of the said corporation, by paying them 
therefor the amount expended in making said rail-road, and the 
expenses of repairs, and all other expenses relating thereto ; and 
in case, at the time of such purchase, the said corporation shall 
not have received an income equal to ten per cent, per annum, 
on the original cost, over and above the charge for repairs and 
superintendance, and all other expenses relating thereto, the gov- 
ernment are to pay the said corporation such additional sum, as, 
together with the tolls and profits of every kind, which they shall 
have received from the said rail-road, will be equal to ten per 
cent, per annum, on the cost of said rail-road, from the date of 
the payment thereof, by the stockholders of the said corporation, 
to the time of such purchase ; and every thing contained in the 
act to which this is in addition, inconsistent with the provisions 
herein made, is hereby repealed. 

Sect. 2. Be it further enacted. That the further period of 
one year beyond the respective times mentioned in the act to 
which this is in addition, is hereby granted to said corporation for 
filing the location of the route and completing said rail-road. 
[Feb. 29, 1 332.] Add. acts, 1833 ch. 5 : 1834 ch. 171 : 1835 
ch. 46. 102: 1836 ch. 254. 

An Act to incorporate the Point Bridge Company, in the town of Gloucester. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same. That Oliver G. Lane, Gideon Lane, Jr., George N. 
Davis, Asa Woodbury, Epes Davis, William Hodgkins and 
Jonathan Dennison, together with such others as now are or may 
be hereafter associated with them, be, and they hereby are made 
and constituted a corporation and body politic, by the name of 
the "Point Bridge Company;" and by that name may sue and 
be sued to final judgment and execution, and do and suffer all 
matters and things which bodies politic may or ought to do and 
suffer ; and that said corporation shall and may have full power 
and authority to make, have and use a common seal, and the 
same to break and alter at pleasure. 

Sect. 2. Be it further enacted, by the authority aforesaid. 
That either of tlie persons named in this act is authorized to call 
the first meeting of said corporation, to be holden at some suit- 
able time and place, in said town, by causing notice thereof to 
be published in the Gloucester Telegraph, a newspaper printed 
in Gloucester, or by posting up notifications in some public 



1832. Chap. 75. 207 

places in said Gloucester, seven days at least before the time of 
holding such meeting ; and the proprietors, by a vote of the ma- 
jority of those present, or duly represented at said meeting, al- 
lowing one vote to and for each share : provided, that no pro- Right of voting, 
prietor shall be allowed more than ten votes ; shall choose a 
clerk, who shall be sworn to the faithful discharge of the duties 
of hrs office, and shall also determine the mode of calling future 
meetings ; and may elect such officers, and make and establish 
such rules and by-laws, not repugnant to the laws and constiiu- By-laws, 
tion of this Commonwealth, as to them may seem necessary and 
convenient for the regulation and government of the said corpo- 
ration, and for collecting the toll herein after granted ; and may 
annex penalties to the breach of any by-laws, not exceeding ten 
dollars for any one offence ; and all rules, regulations and pro- 
ceedings of said corporation shall be fairly and truly recorded by 
the clerk, in a book kept for that purpose. 

Sect. 3. Be it further enacted, That the said proprietors Proprietors au- 
be, and they hereby are authorized and empowered to erect a a'bHdge'over* 
bridge over and across Lobster cove, in the town of Gloucester, Lobster cove, 
from some convenient point, northeasterly from the wharf now 
owned by William Hodgkins and Jonathan Dennison, on the 
southeast side of said cove, to some convenient point on the 
northwest side of said cove, with a suitable and convenient draw, 
at least twenty -five feet wide, for the passing of vessels ; and the 
said proprietors shall constantly keep some suitable person or per- 
sons at said bridge, who shall raise said draw for any vessel that 
may be passing up or down said cove, (which cannot conven- 
iently pass under said draw,) free of expense to the owner or 
owners of such vessel ; and if the person or persons, whose duty . 
it shall be to raise said draw for the passage of vessels, shall un- 
reasonably neglect or refuse to do the same, the proprietors of 
said bridge shall, for every such neglect or refusal, be liable to a 
fine of ten dollars, for the benefit of the person or persons dam- 
aged by such neglect, to be recovered in any court of competent 
jurisdiction to try the same. 

Sect. 4. Be it further enacted, '1 hat a toll be, and hereby Tolls. 
is granted and established for the sole benefit of said proprietors, 
according to the rates following, to wit : for each foot passenger, 
one cent ; for each horse and rider, five cents ; for each horse 
and chaise, chair or sulkey, eight cents ; for each coach, phae- 
ton, chariot, or other four wheeled carriage drawn by two or 
more horses, twelve and a half cents ; for every wagon drawn by 
not more than two horses, eight cents ; if drawn by more than 
two horses, ten cents ; for every cart, wagon, or other machine, 
drawn by two or four oxen, six cents ; if drawn by more than 
four oxen, eight cents ; for every cart, wagon, truck or dray, 
drawn by one horse, six cents ; for every sleigh, drawn by one 
horse, six cents ; for every sleigh, drawn by two horses, eight 
cents ; for every sled, drawn by two or four oxen, six cents ; 
for every sled, drawn by one horse, five cents ; if by more than 
one horse, one cent for every additional horse ; for every sleigh 



208 



1832.- 



■Chap. 76. 



Proprietors may 
make a road. 



drawn by more than two horses, ten cents ; and for all horses, 
mules, and neat cattle, two cents each ; and for all sheep and 
swine, four cents for each dozen ; and one person, and no more, 
shall be allowed to each team, as a driver, to pass free of toll : 
Proviso. provided, always, that scholars, while going to or returning from 

school, shall be permitted to pass free of toll ; and the toll shall 
commence on the day of first opening said bridge, and shall con- 
tinue for the term of seventy years ; and at the place where the 
toll shall be received, there shall be erected and constantly ex- 
posed to view, a sign-board, with the rates of toll fairly and legi- 
bly written thereon, in large letters : provided, nevertheless, that 
the Legislature shall have the right, at any time after the expira- 
tion of fifteen years, to alter and regulate anew the rates of toll 
Town may pur- to be received by said proprietors : provided, also, that when- 
ciiase bridge, g^gj. g majority of the inhabitants of the town of Gloucester, at a 
legal meeting warned and held for the purpose, shall determine 
so to do, they shall have the right to remunerate said proprietors 
for the expense of said bridge, with eight per cent, interest 
thereon, (deducting what may have been received for tolls,) and 
open said bridge free of toll ; and said proprietors shall then be 
released from all their liabilities, any thing in this act to the con- 
trary notwithstanding. 

Sect. 5. Be it further enacted, That the said proprietors 
be, and they hereby are authorized to lay out, make and main- 
tain a good and sufficient road from said bridge to the highway 
on both sides of said cove ; and if the inhabitants of the town of 
Gloucester, or the county commissioners for the county of Es- 
sex, shall refuse to lay out, make and maintain the same, the said 
proprietors shall be liable for all damages to be sustained by any 
person or persons whose land is taken for said road, the amount 
of damages, if the parties cannot agree, to be ascertained in the 
way prescribed by law for damages sustained by individuals 
whose lands are taken for public roads. 

Sect. 6. Be it further enacted, That said bridge shall be 
well built of suitable materials, at least twenty-two feet wide, and 
covered with planks, with sufficient railings on each side ; and 
the said bridge shall be kept in good repair, and said corporation 
shall, within six months from the time they shall commence re- 
ceiving tolls at said bridge, lodge in the secretary's office an 
account of the expenses of erecting the same ; and they shall 
annually, in the month of January, exhibit to the governor and 
council a true account of the income or dividends arising from 
said tolls, with their necessary disbursements on said bridge ; and 
the books of said corporation shall at all times be subject to the 
inspection of the governor and council, and to the Legislature 
when called for. 

Sect. 7. Be it further enacted. That if any person or per- 
sons shall wilfully, maliciously, or contrary to law, take up, re- 
move, break down, dig under, or otherwise mar or injure any 
part of said bridge, or any work or works connected with or 
appertaining to the same, or any part thereof, such person or per- 



Width of 
bridge, &c. 



Penalties for 
malicious inju- 
ries. 



1832. Chap. 75. 209 

sons, for every such oftence, shall forfeit and pay to said propri- 
etors or corporation treble the amount of such damage as said 
corporation shall, to the justice or court and jury before whom 
trial shall be, make appear that they have sustained by means of 
said trespass, to be sued for and recovered with costs in any 
court proper to try the same ; and such offender or offenders 
shall further be liable to indictment for such trespass or tres- 
passes, and, on conviction thereof, shall be sentenced to pay a 
fine to the use of the Commonwealth, of not less than ten, nor 
more than one hundred dollars. 

Sect. 8. Be it further enacted, That the stock of said Number of 
corporation shall be divided into sixty shares ; said shares shall ^''^'^^s- 
be deemed personal property, and liable to be taken on mesne 
process or execution as the property of the owner or owners 
thereof, in the same way and manner as is now by law provided 
for taking the share or shares of individuals in banking corpora- 
tions. And said corporation may make assessments on the Assessments, 
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 de- 
clared 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 number of shares not subscribed for, or by creating 
any necessary number of shares over and above the said sixty ; 
and if any proprietor of any share or shares shall refuse or neg- Sale of shares 
lect to pay any assessment for the term of sixty days after the ^° P^^ assess- 
same hath become due, the share or shares on which there is a 
delinquency may be sold at public auction, notice of the time 
and place of sale being given by the treasurer of said corporation 
in the Gloucester Telegraph, or some newspaper printed in 
Gloucester, and by posting up notifications in some public places 
within the town of Gloucester, ten days at least before such sale, 
and the proceeds of such sale shall be applied to the payments 
due on the share or shares so sold, with incidental charges, and 
the surplus, if any, shall be paid to the former owner, or his legal 
representative, on demand, and such sale shall give good and 
complete title to the purchaser or purchasers of such share or 
shares : provided, however, that if, before the actual sale of any Proviso, 
such delinquent share or shares, the proprietor thereof pay the 
assessments due thereon, with interest from the time the same 
became due, and all necessary and reasonable charges, the sale 
shall not proceed. 

Sect. 9. Be it further enacted, That if the proprietors Conditions of 
shall neglect, for the space of five years from the passing of this this act. 
act, to erect and finish said bridge, then this act is to be void 
and of no effect. [March I, 1832.] 

VOL. VII. 27 



210 



1832.- 



-Chap. 76—78. 



Chap. 76. 



Extension of 
wharf author- 
ized. 



Proviso. 



Persons incor- 
porated. 



An Act authorizing Daniel Howland, Jr., and Bradford Howland, to extend a wharf 
to the channel of Apponaganset River. 

BE it enacted by the Senate and House of Representatives^ in 
General Court assembled^ and by the authority of the same, 
That Daniel Howland, Jr., and Bradford Howland, be, and 
they hereby are authorized and allowed to extend the wharf now 
owned by ihem, running into Apponaganset river, in the town of 
Dartmouth, until it shall reach the northeast corner of the store 
formerly owned by David Thacher, and, from the said point, to 
extend the said wharf southerly, fifty feet, northerly, eighty feet, 
and westerly, ninety feet : provided, that this grant shall not au- 
thorize the extension of said wharf into the channel of said river: 
and provided, also, that it shall in no wise interfere with the legal 
rights of any other person or persons whatsoever. [March 1, 
1832.] 

ChciVt 78. ^^^ ^^'^ '° incorporate the President, Directors and Company of the Market Bank, in 
•» Boston. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That Josiah Marshall, David R. Griggs, John Ken- 
drick, William F. Otis, Amos Binney, James Fullerton, and 
John A. McGaw, their associates, successors and assigns, shall 
be, and they hereby are created a corporation, by the name of 
the "President, Directors and Company of the Market Bank," 
and shall so continue until the first day of October, which shall 
be in the year of our Lord one thousand eight hundred and fifty- 
one ; and 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 
ol our Lord one thousand eight hundred and twenty-nine, enti- 
tled "an act to regulate banks and banking," and to the further 
provisions contained in an act passed the twenty-eighth day of 
February, in the year of our Lord one thousand eight hundred 
and thirty-one, entitled "an act to continue the banking corpo- 
rations therein named, and for other purposes." 

Sect. 2. Be it further enacted, That the stock in said bank 
shall be transferable only at its banking-house, and in its books, 
and no part thereof shall be transferred by way of security for the 
performance of any obligation whatsoever, until two years from 
the payment of the first instalment into said bank. 

Sect. 3. Be it further enacted, That the capital stock of 
said corporation shall consist of the sum of five 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 stockholders 
may direct : provided, the whole be paid in, within one year from 
the passing of this act. 

Sect. 4. Be it further enacted, That the said bank shall be 
established and kept in the city of Boston, and that any three of 
the persons before named, shall be authorized to call the first meet- 
ing of said corporation, by advertising the same in any newspaper 



Powers and du- 
ties. 



1828 ch. 96. 



1830 ch. 58. 



Transfer of 
stock. 



Capital stock. 
[Increase of 
capital, 1836 
ch. 280.] 



First meeting. 



1832. Chap. 78—80. 211 

published in the city of Boston, ten days, at least, before said 
meeting. [March 1, 1832.] Add. act, 1836 ch. 280. 

An Act in addition to an Act to incorporate the Franklin Rail-road Company. Chfl'D 79 

Sect. 1. BE it enacted by the Senate and House of Rep- 1329 eh 93 
resentatives, in General Court assembled, and by the authority of 1830 eh. 17. 
the same. That, at all meetings of the Franklin Rail-road Company, i^'ght of voting, 
each stockholder in said company shall be entitled to as many 
votes as he holds shares : provided, they do not exceed one 
tenth part of the whole number of votes. 

Sect. 2. Be it further enacted. That the time, within which Extension of 
the state have reserved the rieht to purchase the interests and t'/ne for the pur- 

chciSG 01 rodu 

property of said company in the rail-road which they are author- 
ized to construct in the manner prescribed in the fourteenth sec- 
tion of the act to which this is in addition, be, and the same is 
hereby extended to the term of twenty years. 

Sect. 3. Be it further enacted, That the additional term of Additional time 
four years be allowed to said company, for the purpose of loca- compfetinff 
ting, constructing and finally completing said rail-road. [JWarch road. 
1, 1832.] 

An Act to establish the Berkshire and New York Rail-road Company. C^hfin fiO 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same. That Henry W. Dwight, Cyrus Williams, Horatio Persons incor- 
Byington, Theodore S. Pomeroy, Robbins Kellogg, Walter P*""*'^^- 
Laflin, Eli Ensign, Robert F. Barnard, Parker L. Hall, John 
Whiting, David Ives, Lyman Brown, William Porter, Charles 
M. Owen, Caleb Hyde, Henry B. Boynton, Melancton Lewis, 
Henry W. Bishop, Lester Filley, Alonzo N. Dewey, Joseph 
Tucker, Ralph Taylor, Edward F. Ensign, Wilbur Curtis, and 
Chester Goodale, Jr., their associates, successors and assigns, 
be, and they hereby are made a body politic and corporate, by 
the name of the Berkshire and New York Rail-road Company, 
and by that name shall be, and hereby are made capable in Generaipowers. 
law, to sue and be sued to final judgment and execution, 
plead and be impleaded, defend and be defended, in any court of 
record, or in any place whatever ; to make, have and use a 
common seal, and the same to break, renew or alter at plea- 
sure ; and shall be and are hereby vested with all the powers, 
privileges and itnmunities 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 em- 
powered to locate, construct, and finally complete a rail-road, 
with a single, double or treble track, to transport, take and carry 
persons and property on the same, by the power of steam, of ani- 
mals, or of any mechanical or other power, or of any combina- 
tion of them, which the said corporation may choose to apply. 
To commence at the line of the state of Connecticut, at the point Route of rail- 
where the contemplated rail-road from the city of New York to ^°*^" 
Albany, or the branches thereof, shall strike said line. Thence 
through the town of Sheffield, and thence on the most eligible 



212 



1832.- 



■Chap. 80. 



Capital stock, 

&.C. 



Powers of the 
president and 
directors. 



route to the village of West Stockbridge, there to unite with the 
West Stockbridge Rail-road route, with a view of having the 
same extended by the inhabitants of the state of New York, to 
the city of Albany, from the western line of the state of Massa- 
chusetts ; and the said company shall have liberty to construct a 
branch to their rail-road, connecting with the above rail-road as a 
part of the same concern, and to be constructed by the same 
company, to commence at Great Barrington or West Stock- 
bridge, near Housatonic ville, at the most convenient point of in- 
tersection, thence in the most convenient route, to the village of 
Stockbridge, thence through South Lee, Lee, Lenox, Pittsfield, 
to the head waters of the Hoosac river at or near Pittsfield, or to 
intersect with the contemplated rail-road petitioned for by David 
Anthony and others. And for this purpose the said corporation 
are authorized to lay out their road, not exceeding six rods wide 
through the whole length ; and for the purpose of cuttings, em- 
bankments, and stone and gravel, may take as much more 
land as may be necessary for the proper construction and secu- 
rity 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 manner herein after provided. 

Sect. 2. Be it further enacted, That the capital stock of 
said corporation shall consist of eight hundred thousand dollars, 
to be divided into shares of one hundred dollars each, which shall 
be deemed personal property, and transferable in such manner as 
the by-laws of said corporation shall direct. And the said cor- 
poration may from time to time increase said capital stock, by new 
subscriptions, in such manner and form as they may deem expe- 
dient, under the same regulations as may be imposed on the ori- 
ginal subscribers, if such increase shall be found necessary to 
complete said road : provided, that such capital stock shall not be 
enlarged so as to exceed in the whole amount one million of dol- 
lars ; and the immediate government and direction of the affairs 
of the said corporation shall be vested in a board of not less than 
five directors, who shall be chosen by the members of the cor- 
poration, in the manner herein after 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 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 it shall be the duty of said 
corporation, annually, or oftener, 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 satisfac- 
tion of the directors, in a sum not less than twenty thousand dol- 
lars, for the faithful discharge of his trust. 

Sect. 3. Be it further enacted. That the president and 
directors for the time being are hereby authorized and empow- 
ered, by themselves or their agents, to exercise all the powers 
herein granted to the corporation, for the purpose of locating, 



1832. Chap. 80. 213 

constructing, and completing said rail-road, and for the transpor- 
tation of persons, goods, and mercliandize thereon, and all sucn 
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, engines, cars and other necessary things 
in the name of the corporation, for the use of said load, and for 
the transportation of persons, goods and merchandize, to make 
such equal assessments from tinje to time, on all the shares in said Assessments, 
corporation, as they may deem expedient and necessary in the and the sale of 

I. ' •' •^/-i , ,j- 1 "^ 1 shares to pay 

execution and progress ot the work, and dnect the same to be the same. 
paid to the treasurer 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 direct- 
ors may order the treasurer, after giving due notice thereof, to 
sell such share or shares, at public auction, to the highest bidder, 
and the same shall be transferred to the purchaser. And such 
delinquent subscriber shall be held accountable to the corpora- 
tion for the balance, if his share or shares shall sell for less than 
the assessments due thereon, with interest and costs 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 costs of 
sale : provided^ however^ that no assessments shall be laid upon 
any shares in said corporation of a greater amount in the whole 
than one hundred dollars on each share. 

Sect. 4. Be it further enacted^ That the corporation shall By-laws, 
have power to make, ordain and establish all such by-laws, rules, 
regulations and ordinances, as they shall deem expedient and ne- 
cessary to accomplish the design and purposes, and to carry into 
effect the provisions of this act, and for the well ordering, regu- 
lating and securing the interests and objects of the corporation : 
provided^ the same be not repugnant to the constitution and laws 
of the Commonwealth. 

Sect. 5. Be it further enacted. That a toll be, and hereby Tolls, 
is granted and established, for the sole benefit of said corporation, 
upon all passengers and property of all descriptions, which may 
be conveyed or transported upon said road, at such rates per mile 
as may be agreed upon and established, from time to time, by 
the directors of said corporation. The transportation of persons 
and property, the construction of wheels, the forms of cars and 
carriages, the weight of loads, and all other matters and things in 
relation to the use of said road, shall be in conformity to such 
rules, regulations and provisions, as the directors shall, from time 
to time, prescribe and direct, and said road may be used by any 
person who shall comply with such rules and regulations. Pro- 
vided^ however^ that if, at the expiration of four years from and Legislature 
after the completion of said road, the net income and receipts may alter tolls, 
from tolls and other profits, (taking the four years aforesaid as 
the basis of calculation,) shall have amounted to more than ten 
per cent, per annum upon the cost of the road, the Legislature may 



214 



1832.- 



-Chap. 80. 



Proviso. 



Toll-houses, 



Damages. 



take measures to alter and reduce the rates of tolls and other pro- 
fits, in such manner as to take off the surplus 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, further, that the Legislature shall not, at any time, so 
reduce said tolls and other profits, as to produce less than ten 
per cent, per annum upon the cost of said road, without the con- 
sent of said corporation. 

Sect. 6. Be it further enacted, That the directors of said 
&c., and reports corporation, for the time being, are hereby authorized to erect 
toll-houses, establish gates, appoint toll-gatherers, and demand 
toll, upon the road, when completed, and upon such parts thereof 
as shall, from time to time, be completed, and they shall, from 
year to year, make a report to the Legislature of their acts and 
doings, under the provisions of this act. The books of the cor- 
poration shall be open to the inspection of any committee of the 
Legislature that may be appointed to examine them. 

Sect. 7. Be it further enacted, That said corporation shall 
be holden to pay all damages that may arise to any person or per- 
sons, corporation or corporations, by taking their land for said 
road, when it cannot be obtained by voluntary agreement, to be 
estimated and recovered in the manner provided by law for the 
recovery of damages happening by the laying out highways. 

Sect. 8. Be it further enacted. That when the lands or oth- 
er property or estate of any femme covert, infant, or person non 
compos mentis, shall be necessary for the construction of said rail- 
road, the husband of such/emme covert, and the guardian of such 
infant, or person non compos mentis, may release all damages for 
any land or estates taken and appropriated as aforesaid, as they 
might do if the same were holden by them in their own right re- 
spectively. 

Sect. 9. Be it further enacted, That if any person shall 
wilfully, maliciously, or wantonly, and contrary to law, obstruct 
the passage of any carriage on said rail-road, or in any way spoil, 
injure or destroy said rail-road, or any part thereof, or any thing 
belonging thereto, or any material or implements to be employed 
in the construction or for the use of said road ; he, she or they, 
or any person or persons assisting, aiding or abetting in such 
trespass, shall forfeit and pay to said corporation, for every such 
offence treble such damages as shall be proved before the 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. And such offender or offenders shall be liable to 
indictment by the grand inquest for the county within which such 
trespass shall have been committed, for any offence or offences 
contrary to the above provisions, and on conviction thereof be- 
fore any court of competent jurisdiction to try the same, shall pay 
a fine not exceeding five hundred dollars, and not less than thirty 
dollars, to the use of the Comfnonvvealth, or may be imprisoned 



Land or estate 
of any infant, 



Penalties for 
malicious iiiju 
rics. 



1832. Chap. 80. 215 

for a term not exceeding one year, at the discretion of the court 
before whom the conviction may be had. 

Sect. 10. Be it further enacted^ That the annual meeting Annual meet- 
of the members of said corporation shall be holden on the third '"^• 
Wednesday of December, at such time and place as the direc- 
tors, for the time being, shall appoint, at which meeting, the di- 
rectors and such other officers as are necessary shall be chosen 
by ballot, each proprietor being entitled to as many votes as he Right of voting, 
holds shares : provided^ they do not amount to more than one 
tenth part of the whole number. And the eight persons first First meeting, 
named in this act, or a majority of them, are hereby authorized 
to call the first meeting of said corporation, by giving notice in 
one newspaper, published in the county of Berkshire, of tlie time, 
and place and purpose of such meeting, at least ten days before 
the time mentioned in such notice. 

Sect. 11. Be it further enacted^ That if the said rail-road How rail-road 
shall, in the course thereof, cross any private way, the said cor- shall be con- 

\ , ,, • 1 -1 1 I I structed across 

poration shall so construct said raii-road, as not to obstruct the public or pri- 
safe and convenient use of such private way, and if said rail-road vateways. 
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 suitable damages for such injury ; and if the said 
rail-road shall, in the course thereof, cross any canal, turnpike, 
or other highway, the said 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 conveniently 
pass over or under the same. And if said corporation shall raise 
or lower any such turnpike, highway, or private way, pursuant 
thereto, and shall not raise or lower the same so as to be satisfac- 
tory to the proprietors of such turnpike, or to the selectmen of 
the town in which such highway or private way may be situate, 
as the case may be, such proprietors or selectmen may require, 
in wi'iting, of said corporation, such alteration or amendments as Alterations. 
they may think necessary, and if the required amendments or al- 
teration be reasonable and proper in the written opinion of the 
county commissioners for the county in which such alteration or 
amendments shall be required, and the said corpoiation shall unne- 
cessarily and unreasonably neglect to make the same, after due no- 
tice, such proprietors or selectmen, as the case may be, may pro- 
ceed to make such alteration or amendments, and may institute and 
prosecute to final judgment and execution, in any court proper to 
try the same, any action of the case against said corporation, and 
shall therein recover a reasonable indemnity in damages, for all 
charges, disbursements, labor, and services occasioned by making 
such alteration or amendments, with costs of suit. And the said 
rail-road company shall constantly maintain, in good repair, all 
bridges, with their abutments and embankments, which they may 
construct for the purpose of conducting their rail-road over any 
canal, turnpike, or other highway, or private way ; or for con- 



216 



1832.- 



-Chap. 80. 



This company 
may use the 
West S lock- 
bridge rail- 
road, &c. 



Special meet- 
ings, and as- 
sessments. 



Rail-road from 
New York to 
Albany. 



Conditions of 
this act. 



ducting such private way, turnpike, or other highway, over said 
rail-road. 

Sect. 12. Be it further enacted, That said Berkshire and 
New York Rail-road Company shall have a right to enter upon 
and use the rail-road hereafter to be constructed by the West 
Stockbridge Rail-road Company, paying therefor 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 West Stockbridge Rail-road Company, conformable to 
the act incorporating the same, or may adopt the rail-road of said 
West Stockbridge company, or make one over the route over 
which the said West Stockbridge company are allowed to con- 
struct such road, first having their consent. And if said West 
Stockbridge Rail-road Company shall fail to comply with the 
provisions of their act of incorporation, and neglect to complete 
their road by the time limited in said act, the said Berkshire and 
New York Rail-road Company may construct a rail-road over 
the general route described in said act, or such other route as 
shall be in a direction from West Stockbridge to the Hudson 
river, at or near Greenbush. 

Sect. 13. Be it further enacted, That the president and di- 
rectors may call special meetings of the stockholders, for such 
purposes, and at such times and places as they may judge expe- 
dient, giving notice thereof in such manner as the corporation, 
by their by-laws, shall prescribe, at least ten days previously to 
the time of said meeting. And assessments may be laid and col- 
lected upon such shares as are subscribed for, at any time before 
the whole stock and shares shall be subscribed for and taken up. 

Sect. 14. Be it further enacted^ That, whereas it is con- 
templated by citizens of New York and others, to make and con- 
struct a rail-road from New York to Albany, and to obtain an 
act of incorporation for the same from the Legislature of the state 
of New York, and the corporation which may be so created may 
be desirous to extend the said contemplated rail-road into, and 
through a part of this Commonwealth, Be it enacted^ That any 
corporation that may be created for the above purpose, by the 
Legislature of the state of New York, within three years, may 
extend said rail-road over all, or any part of the route, over which 
the said Berkshire and New York Rail-road Company is, by this 
act, authorized to make a rail-road, first having the consent of said 
Berkshire and New York Rail-road Company, and they shall 
have ail the powers, privileges and immunities in this Common- 
wealth, which the said Berkshire and New York Rail-road Com- 
pany has, by virtue of this act, and be subject to all the condi- 
tions, limitations and restrictions of the same. 

Sect. 15. Be it further enacted. That if said corporation 
shall not have been organized, and the location of the route of 
said rail-road filed with the county commissioners of the county 
of Berkshire, previous to the first day of January, one thousand, 
eight hundred and thirty-five, or the said corporation shall have 
failed to make any part of said rail-road by the first day of Janu- 



1832. Chap. 80—81. 217 

ary, one thousand eight hundred and thirty-six, this act shall be 
null and void, and if they shall not have completed the same by 
the first day of January, one thousand eight hundred and forty, 
then said Berkshire and New York Rail-road Company shall not 
have authority to extend the same any further than shall then be 
completed. 

Sect. 16. Be it further enacted^ That should the said Berk- What part shall 
shire and New York Rail-road Company be unable to dispose sfructecL^"' 
of an amount of stock sufficient to construct the whole length of 
road described in this act, then that part of it from the line of the 
state of Connecticut to the line of the state of New York, shall 
be first constructed. 

Sect. 17. Be it further enacted, That any rail-road com- Entry of anoth- 
pany, which may be incorporated, shall be authorized to enter er rail road, 
with their rail-road at any point of the Berkshire and New York 
Rail-road, paying, for the right of using the same, or any part 
thereof, such rate of toll, and complying with such rules and reg- 
ulations as may be established by said Berkshire and New York 
Rail-road Company, by virtue of the fifth section of this act. 

Sect. IS. Be it further enacted, That it shall be in the Government 
power of the government, at any time durina; the continuance of ^V P^'jc'i/se 

f, , ^ \ r 1 • ■ r rail-road, ifcc. 

tne charter hereby granted, alter the expiration oi twenty years 
from the opening for use of the rail-road herein provided to be 
made, to purchase of the said company the said rail-road, and all 
the franchises, property, rights and privileges of said company, 
on paying therefor the amount expended in making said rail- 
road, together with such further sums as shall, with the profits 
and income they may have received from tolls or other sources 
of profits on account of said rail-road, amount to ten per cent, 
annually upon such cost. And, after such purchase, the limita- 
tion provided in the fifth section of this act shall cease and be of 
no efl'ect. [March 2, 1832.] 

An Act to incorporate the President, Directors and Company of the Warren Bank in C^flCtp, 81 . 
Dan vers. ■* 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That Edward Upton, Andrew Nichols, Kendall Os- Persons incor- 
born, Oliver Saunders, Benjamin Goodridge, and Abner Sanger, P°''^'^°' 
their associates, successors and assigns shall be, and they hereby 
are created a corporation by the name of the President, Directors 
and Company of the Warren Bank in Danvers, and shall so con- 
tinue until the first day of October, which shall be in the year 
of our Lord one thousand eight hundred and fifty-one, and shall Powers and du- 
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 hundred and twenty-nine, entitled " an act to 1828 ch. 96. 
regulate banks and banking," and to the further provisions con- 
tained in an act passed the twenty-eighth day of February, in the 
year of our Lord one thousand eight hundred and thirty-one, 

VOL. VII. 28 



218 



1832.- 



■Chap. 81—82. 



1830 ch. 58. entitled "an act to continue the banking corporations therein 
named, and for other purposes." 

Sect. 2. Be it further enacted, Tliat the stock in said 
bank shall be transferable only at its banking house, and in its 
books, and no part thereof shall be transferred by way of secu- 
rity for the performance of any obligation whatsoever until two 
years from the payment of the first instalment into said bank. 

Sect. 3. Be it further enacted, That the capital stock 
of said corporation shall consist of the sum of one hundred and 
[Increased 1836 twenty thousand dollars, to be divided into shares of one hun- 



Transfer of 
stock. 



Capital stock. 



ch. T7.] 



Location. 



Chap. 82. 



Persons incor- 
porated. 



Powers and 
duties. 



1828 ch. 96. 



1830 ch. 58. 



Transfer of 
stock. 



Capital stock. 



dred dollars each, to be paid in such instalments and at such 
times as the stockholders may direct : provided, the whole be 
paid in, within one year from the passing of this act. 

Srct. 4. Be it further enacted, That the said bank shall 
be established in the town of Danvers, and that any three of the 
persons before named shall be authorized to call the first meet- 
ing of said corporation by advertising the same in any newspa- 
per published in the town of Salem, ten days at least before said 
meeting. iMarch 3, 1832.] Add. act, 1836 ch. 77. 

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

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority 
of the same. That Abiel Hey wood, Nathan Brooks, William 
Monroe, Abel Moore, Lemuel Shattuck and Rufus Hosmer, 
their associates, successors and assigns, shall be, and they here- 
by are created a corporation by the name of the President, Di- 
rectors and Company of the Concord Bank, and shall so con- 
tinue until the first day of October, which shall be in the year 
of our Lord one thousand eight hundred and fifty-one, and 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 hundred and twenty-nine, entitled " an act to 
regulate banks and banking," and to the further provisions con- 
tained in an act passed the twenty-eighth day of February in the 
year of our Lord one thousand eight hundred and thirty-one en- 
titled "an act to continue the banking corporations therein nam- 
ed, and for other purposes." 

Sect. 2. Be it further enacted, That the stock in said 
bank shall be transferable only at its banking house, and in its 
books, and no part thereof shall be transferred by way of secur- 
ity for the performance of any obligation whatsoever, until two 
years from the payment of the first instalment into said bank. 

Sect. 3. Be it further enacted. That the capital stock of 
said corporation shall consist of the sum of one hundred thou- 
sand dollars, to be divided into shares of one hundred dollars 
each, to be paid in such instalments, and at such times, as the 
stockholders may direct : provided, the whole be paid in, within 
one year from the passing of this act. 



1832. Chap. 82—84. 219 

Sect. 4. Be it further enacted, That the said bank shall Location, 
be established in the town of Concord, and that any three of 
the persons before named shall be authorized to call the first 
meeting of said corporation by advertising the same in any news- 
paper published in the county of Middlesex ten days at least be- 
fore said meeting. [March 3, 1832.] 

An Act to incorporate the President, Directors, and Company of the Old Colony y-^r qq 

Bank, in Plymouth. C/IO/?. OO. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That Schuyler Sampson, Josiah Robbins, James Persons incor- 
Spooner, Ezra Finney, Alden Danforth, Bridgham Russell, P^f^^^^- 
Jacob H. Loud, John B. Thomas, their associates, successors 
and assigns, shall be, and they hereby are created a corporation, 
by the name of the " President, Directors, and Company of 
the Old Colony Bank, in Plymouth," and shall so continue un- 
til the first day of October, which shall be in the year of our 
Lord one thousand eight hundred and fifty-one, and shall be en- 
titled to all the powers and privileges, and subject to all the du- po^g^s and 
ties, liabilities and requirements, contained in an act passed on the duties, 
twenty-eighth day of February, in the year of our Lord one 
thousand eight hundred and twenty-nine, entided "an act to 1828 eh. 96. 
regulate banks and banking," and the further provisions contain- 
ed in an act passed the twenty-eighth day of February, in the year 
of our Lord one thousand eight hundred and thirty-one, entitled 
" an act to continue the banking corporations therein named, and issoch. 58. 
for other purposes." 

Sect. 2. Be it further enacted, That the stock in said Transferor 
bank shall be transferable only at its banking house, and in its 
books, and no part thereof shall be transferred by way of secu- 
rity for the performance of any obligation whatsoever, until two 
years from the payment of the first instalment into said bank. 

Sect. 3. J3e it further enacted. That the capital stock of Capital stock, 
said corporation shall consist of the sum of one hundred thou- 
sand dollars, to be divided into shares of one hundred dollars 
each, to be paid in such instalments, and at such times, as the 
stockholders may direct : provided, the whole be paid in, with- 
in one year from the passing of this act. 

Sect. 4. Be it further enacted, That the said bank shall be Location, 
established in Plymouth, and that any two of the persons before 
named, shall be authorized to call the first meeting of said corpo- 
ration, by advertising the same in a newspaper published in 
PI V mouth, ten days at least before said meeting. [J\larch 3, 
1832.] 

An Act to incorporate the President, Directors and Company of the Marine Bank in f^hfirt 34* 
New Bedford. -l' 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority 
of the same. That Joseph Grinnell, James Howland, Wm. W. persons incor- 
Swain, George Tyson, John Price, Kimball Perry, Charles porated. 



220 



1832.- 



•Chap. 84—85. 



Russell, Joseph S. Tillinghast, Samuel Leonard, their asso- 
ciates, successors, and assigns, be, and they hereby are, created 
a corporation, by the name of the " President, Directors and 
Company of the Marine Bank," and shall so continue, until the 
first day of October, in the year of our Lord one thousand eight 
Powers and du- hundred and fifty-one, and 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, entitled " an act to regulate banks and bank- 
ing," and to the further provisions contained in an act passed 
the twenty-eighth day of February, in the year of our Lord one 
thousand eight hundred and thirty-one, entitled "an act to con- 
tinue the banking corporations therein named, and for other pur- 
poses." 

Sect. 2. Be it further enacted^ That the stock in said 
bank shall be transferable only at its banking house, and in its 
books, and no part thereof shall be transferred by way of secu- 
rity for the performance of any obligation whatsoever, until two 
years from the payment of the first instalment into said bank. 

Sect. 3. Be it further enacted^ That the capital stock of 
said corporation shall consist of the sum of two hundred thou- 
sand dollars, to be divided into shares of one hundred dollars each, 
to be paid in such instalments, and at such times, as the stock- 
holders may direct : provided^ the whole be paid in, within one 
year from the passing of this act. 

Sect. 4. Be it further enacted^ That the said bank shall 
be established in the town of New Bedford, and that any three 
of the persons before named, shall be authorized to call the first 
meeting of said corporation, by advertising the same in any 
newspaper published in the town of New Bedford, ten days at 
least, before said meeting. [March 3, 1832.] 



1828 ch. 96. 



1830 ch. 58. 



Transfer of 
stock. 



Capital stock. 



Location. 



Chap. 85. 



Persons incor- 
porated. 



Powers and 
duties. 



1828 cli. 96. 



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

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives^ in General Court assembled^ and by the authority of 
the same, That Caleb B. Turner, Josiah Q. Robinson, W. E. 
Brayton, James Wilbur, Peter Briggs, Daniel Smith, Daniel N. 
Dewey, Isaac Dean, William Jenks, David Anthony, Isaac U. 
Hoxie and Alpheus Smith, their associates, successors and as- 
signs, he, and they are hereby created a corporation, by the 
name of the President, Directors and Company of the Adams 
Bank, and shall so continue until the first day of October, which 
shall be in the year of our Lord one thousand eight hundred and 
fifty-one ; and said corporation shall be entitled to all the powers 
and privileges, and subject to all the duties, liabilities and re- 
quirements, contained in an act passed on the twenty-eighth day 
of February, in the year of our Lord one thousand eight hundred 
and twenty-nine, entitled " an act to regulate banks and banking," 
and the provisions of an act passed on the twenty-eighth day of 
February, in the year of our Lord one thousand eight hundred 



1832. Chap. 85—86. 221 

and thirty-one, entitled "an act to continue the banking corpo- issoch. 58. 
rations therein named, and for other purposes." 

Sect. 2. Be it further enacted, That the stock in said Transferor 
bank shall be transferable only at its banking-house, and in its 
books, and no part thereof shall be transferred by way of surety 
for the performance of any obligation whatsoever, until two years 
from the payment of the first instalment into said bank. 

Sect. 3. Be it further enacted, That the capital stock of Capital stock, 
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 stockhold- 
ers may direct : provided, the whole be paid within one year 
from the passing of this act. 

Sect. 4. Be it further enacted, That the said bank shall Location, 
be established in the town of Adams, and that any one of the 
persons herein named shall be authorized to call the first meeting 
of said corporation, by advertising the same in two newspapers 
printed in the county of Berkshire, fourteen days at least before 
said meeting. [March 3, 1832.] 

An Act to incorporate the First Society of the New Jerusalem Church in the town of (Jfinj) 36 
North Bridgewater. j * 

Sect. 1 . BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same. That Jabez Field, Lucius Field, James A. Tolman, Persons incor- 
Reuel Richmond, Robert Stoddard, Nahum Smith, Rufus Dorr, P'"'^'^'^- 
Orville Handy, Winslow B. Cushman, James Humphrey, Wil- 
liam French, Ephraim Howard, Josiah Packard, Charles How- 
ard, Nathaniel B. Harlow, Lyman Clark, Sidney Perkins, 
Eleazer Smith, John Field, Sanford Brett, Samuel Howard, 
Marcus Shaw, William Faxon, John Ide, and Arnold Hunt, 
together with those who have associated, or may hereafter asso- 
ciate with them, or their successors, for the purpose of public 
worship, be, and they hereby are incorporated into a religious 
society, by the name of the First Society of the New Jerusalem 
Church in the town of North Bridgewater ; with all the powers Powers and 
and privileges, and subject lo all the duties and liabilities of par- P"viieges. 
ishes, according to the constitution and laws of this Common- 
wealth. 

Sect. 2. Be it further enacted, That said society shall be Real and per- 
capable in law to purchase, hold and dispose of any estate, either sonai estate, 
real or personal, not exceeding the sum of twenty thousand dol- 
lars, for the support of public worship, and for other lawful pa- 
rochial purposes. 

Sect. 3. Be it further enacted, That any justice of the First meeting, 
peace for the county of Plymouth, upon application therefor, is 
hereby authorized to issue a warrant, directed to a member of 
said society, requiring him to notify and warn the members of 
said religious society to meet at such time and place as shall be 
expressed in said warrant, for the choice of such officers as re- 
ligious societies have a right to choose at their annual meetings. 
[March 3, 1832.] 



22 1832. Chap. 87. 

f^hnvt P7 -An Act in further addition to "An Act to establish the Boston and Lowell Rail-road 
K^im-p. O/. Corporation." 

I830ch. 4. 79. Sect. 1. BF, it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
Government of the same, That it shall be in the power of the government of 
raH^road'^'&^r ^'^® Commonwealth, at any time during the continuance of the 
charter of the said Boston and Lowell Rail-road Corporation, 
after the expiration of twenty years from the opening for use of 
the rail-road therein provided to be made, and not before, to 
purchase of the said corporation the said rail-road, and all the 
franchise, property, riglits, and privileges of the said corporation, 
by paying them therefor the amount expended in making the 
said rail-road, and the expenses of repairs, and all other expenses 
relating thereto. And in case, at the time of such purchase, the 
said corporation shall not have received an income equal to ten 
per cent, per annum, on the original cost, over and above the 
charge for repairs and superintendance, and all other expenses 
relating thereto, the government are to pay the said corporation 
such additional sum, as, together with the tolls and profits of 
every kind, which they shall have received from the said rail- 
road, will be equal to ten per cent, per annum, on the cost of 
said rail-road, from the date of the payment thereof by the 
stockholders of said corporation, to the time of such purchase. 
And every thing contained in the twelfth section of the original 
act, establishing the said corporation, inconsistent with the pro- 
visions herein made, is hereby repealed. 
Proprietors au- Sect. 2. Be it further enacted. That the said Boston and 
abridge'over'^' Lowell Rail-road Corporation be, and they hereby are author- 
Charles river, ized and empowered to erect a bridge, in the direction which 
shall be found most convenient for the said rail-road, across the 
waters of Charles river, from a point in Boston, between Canal 
and Warren bridges, to Cambridge or Charlestown, (not, how- 
ever, so far south as to be nearer Canal bridge than one hundred 
feet, or so far north as to approach within one hundred feet of 
the draw now in the Branch or Prison Point Dam bridge,) for 
the sole and exclusive accommodation of the travel on the said 
rail-road. And the said corporation shall be authorized to receive 
no other or greater rates of toll for passing the said bridge, than for 
passing a like distance on any other portion of the said rail-road. 
And it shall not be lawful for the said corporation to permit the 
passing of the said bridge by carriages of any description, other 
than those which are adapted for the travelling on the said rail- 
road, nor by horses not attached to such rail-road carriages, nor by 
persons on foot, except by such persons, carriages, or horses, as 
may be employed in the immediate service of the said corpora- 
tion. 
Bridge, how to Sect. 3. Be it further enacted. That the said bridge may 
be built in such manner, and of such materials, either by a solid 
embankment, or otherwise, as in the opinion of the directors of 
the said corporation may be most advantageously used for the 
purpose, and of such form and such width, not exceeding four 



be built. 



1832. Chap. 87. 223 

rods, as they may judge best for the convenient accommodation 
of said rail-road : provided, ahvays, that there be made proper 
and sufficient passages for the water of said river, not less than 
there now are at Charles river bridge, and there be made and 
kept, in a part of the channel of said river, a sufficient draw or 
passage way, at least thirty feet wide, suitable and proper for the 
passing and repassing of vessels at all times, toll free, and that 
there shall be built, and kept in good repair, a substantial and 
sufficient pier, either built on piles, or solid, on each side of, and 
extending out from said bridge, from one hundred to one hundred 
and fifty feet, as shall be necessary to properly accommodate the 
passage of vessels, and, if built on piles, to be planked on the 
sides ranging with the draw, the whole length of each pier, 
and through the draw, from the top to the lowest ebb of the 
tide. And the said corporation shall be held liable to keep 
said draw, planking and piers in good repair, and to raise the 
draw, and to afford all reasonable accommodation to vessels hav- 
ing occasion to pass it by day or by night. And if any vessel 
shall be unreasonably detained in passing the said bridge, by the 
negligence of the said corporation, in constantly providing agents 
to faithfully discharge the duties enjoined by this act, the owner, 
commander, or the merchant, having the consignment of said 
vessel, may recover equitable damages therefor, of the said cor- 
poration, in an action on the case, before any court proper to try 
the same. 

Sect. 4. Be it further enacted, That, in case the bridge Bridge oyer 
hereby authorized to be made, shall be so located as to cross the ' ^"^ * "^^'" 
channel, which discharges the waters of Miller's river, there shall 
be made in the deepest water of said channel, a draw of equal 
capacity and convenience, for the passing and repassing of ves- 
sels, as is now in the Branch, or Prison Point Dam bridge ; and 
the said corporation shall be held to give the same attention to all 
vessels, which may have occasion to pass, and be liable for the 
same damages as they would have been for the detention of a 
vessel at the draw in the channel of Charles river : provided, 
however, if the bridge is made by a solid embankment, extending 
from Barren's point to the Branch, or Prison Point Dam bridge, 
and a channel is excavated and kept open on the south side of 
the same bridge, of as large dimensions as that which now dis- 
charges the waters of Miller's river, then, and in that case, the 
draw may be placed in the Branch, or Prison Point Dam bridge, 
in the channel so excavated, instead of being placed in the rail- 
road bridge, as required by the first part of this section. 

Sect. 5. Be it further enacted, That the draws and piers Draws and 
connected therewith, required to be made by this act, shall be c^ted and con- 
located and made in such manner as three commissioners, to be structed. 
appointed by the governor and council, at or before the com- 
mencement of the work, and at the charge of said corporation, 
shall direct. And it shall be the duty of said commissioners to 
examine the draws and piers when completed, and to cause a 
plan and profile of the whole bridge to be made, shewing the di- 
mensions and height thereof, from the bottom of the channel, and 



224 1832. Chap. 87—88. 

the flats, to the top of the bridge, with the opening for the water ; 
this plan, with a clear description of the work, to make a part of 
their report to the governor and council. 
Land or estate Sect. 6. Be it further enacted^ That the said corporation 
of^any infant, gj^^jj ^^ holden to pay all damages that may arise to any person 
or persons, by taking their land for said bridge, when it cannot 
be obtained by voluntary agreement, to be estimated and recov- 
ered in the manner provided by law for the recovery of damages 
happening by the laying out of highways. And the same powers 
are hereby given to the husband of any femme covert, and the 
guardian of any minor, or person non compos mentis, to release 
all damages for any lands or estates, taken and appropriated as 
aforesaid, as are given in the eighth section of the said original 
act. 
Construction of Sect. 7. Be it further enacted, That, in the place where 
Prison Point^ said rail-road bridge shall cross Prison Point Dam bridge, the 
Dam bridge. said Corporation shall so construct the same, as not to obstruct 
the safe and convenient use of said last mentioned bridge, and if 
the same shall not be so constructed, the proprietors of said Pris- 
on Point Dam bridge shall have the same remedy for any injury 
they may sustain, as is provided in respect to turnpikes, highways, 
or private ways, by the eleventh section of said original act. 
If rail-road pass Sect. 8. Be it further enacted, That if said rail-road shall 
cl^nifrWffe^' pass through the village of East Cambridge, and above the prin- 
how bridge may cipal wharves uow located on Miller's river, the said corporation 
be constructed. ^^^ hereby authorized to construct a bridge across said Miller's 
river, and to build the same either solid or on piles, leaving sufficient 
passages for the water, as in the opinion of the commissioners, to 
be appointed by the provision contained in the fifth section of this 
act, may be necessary. [March 5, 1832.] Add. acts, 1834 
ch. 1 : 1836 ch. 146. 

ChciJ}* 88. "^^ ""^^^ ^"^ incorporate the Squanicook Manufacturing Company. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, 171 General Court assembled, and by the authority 

Persons incor- of the same. That Hiram Wolcott, Paul Gerrish, Elisha Giddens, 
Beriah Blood, Reuben Farrar, and Timothy Farrar, their associ- 
ates, successors and assigns, be and they hereby are incorporated by 
the name of the " Squanicook Manufacturing Company," to be 
located in the town of Townsend in the county of Middlesex ; 
for the purpose of manufacturing woollen and cotton goods, with 

Powers and du- gfi the powers and privileges, and subject to all the duties and 
requirements contained in an act passed on the twenty-third day 
of February, in the year of our Lord one thousand eight himdred 

1829 ch. 53. and thirty, entided " an act defining the general powers and du- 
ties of manufacturing corporations." 

Real and per- Sect. 2. Be it further enacted. That the said corporation 

sonal estate. ^^^^ j^^j^j ^.g^j ggjgjg^ ^^^ exceeding one hundred thousand dollars, 
and personal estate, not exceeding one hundred thousand dollars, 
for the purpose of carrying on the manufactures aforesaid. [March 
5, 1832.] 



1832. Chap. 89—91. 225 

An Act in atidilion to '-'An Act to incorporate the Lowell Manufacturing Company, at QJiQn. 89 
Lowell." * * 

BE it enacted by the Senate and House of Representa- *^ ' ' 
tives, in General Court assembled^ and by the authority of 
the same, That the Lowell Manufacturing Company be, and increase of cap- 
it hereby is authorized to increase its present capital stock, by an 
addition thereto of one hundred thousand dollars. [March 5, 
1832.] 

An Act to incorporate the Fulton Manufacturing Company. CyflCtp, 90« 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same. That Henry Rice, N. R. Cobb, Hall J. How, ^^^1°^^ •"^°'- 
Walter Farnsworth, William Phipps, N. F. Cunningham and ^°^^ ^ 
William W right, their associates, successors and assigns, be, and 
they hereby are made a corporation, by the name of the Fulton 
Manufacturing Company, for the purpose of manufacturing cotton 
and woollen goods by steam power in the city of Boston, and 
county of Suffolk, and for this purpose shall have all the powers and Powers and 
privileges, and be subject to all the duties and requirements con- 
tained in an act, passed 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 manufaclur- 1829 ch. 53. 
ing corporations." 

Sect. 2. Be it further enacted, That the capital slock of Capital stock 
said corporation shall not exceed the sum of one million of dol- ^° '^^^ estate, 
lars, and that the said corporation may be lawfully seized and pos- 
sessed of real estate, not exceeding the value of three hun- 
dred thousand dollars, exclusive of buildings and improvements 
that may be made thereon by the said corporation. [JWarch 5, 
1832.] 

An Act in addition to "An Act establishing the Sandy Bay Pier Company." Chnr) Ql 

Sect. 1. BE it enacted by the Senate and House of Repre- isioch. 77. 
sentatives, in General Court assembled, and by the authority of 
the same. That, for the purpose of making a safe and convenient Long Cove in 
harbor of Long Cove, so called, in Sandy Bay in Gloucester, in ^^ndyBay. 
the county of Essex, " The Sandy Bay Pier Company " shall 
be authorized to purchase, take and hold all the lands and flats 
and privileges thereunto belonging, included within the following 
bounds, beginning at Norwood's head, so called, a sufficient dis- Real estate de- 
tance from the bank for a good cartway, thence westerly to a s^'''^'^- 
bend in William Norwood's field wall, thence across said field to 
the upper bar post on the opposite side of the field, thence to the 
southern side of the road by widow Norwood's barn, thence con- 
tinuing by the southerly side of the road to C. Norwood's red 
house, thence by said house through the porch, to fifteen feet 
southerly of the end of said road where it comes to the highway, 
thence northwesterly by the highway to Eleazer Boynton's land, 
thence northeasterly by said Boynton's land to the east corner of 
the same, thence west, northerly by land of said Boynton, E. 
Oakes, John Gott, E. Oakes and others, to the north corner oj" 

VOL. VII. 29 



226 1832. Chap. 91. 

the same, thence southwesterly by land of E. Oakes and others, 
to the highway, thence northwesterly by the highway, until it 
comes to fifty feet distance from the slaughter house lot, thence 
northeasterly thirty feet, thence northwesterly fifty feet, until it 
comes to the slaughter house lot, thence by said slaughter house 
lot and George Dennison's land to a road, thence by said road 
and George Dennison's land to the highway, thence northwest- 
erly by the highway to widow Sally Tarr's land, thence north- 
easterly by said Tarr's land to the corner of the same, thence 
northwesterly and other courses by land of Sally Tarr, George 
Dennison, Samuel McJennet, Daniel Thurston, John Burns, 
and Thomas O. Marshall and Co., also including all the land 
northeasterly, commonly called Bearskin neck. 

Breakwaters. Sect. 2. Be it further enacted., That said " Sandy Bay 

Pier Company " shall be authorized to build breakwaters, or 
piers, so far across the entrance of said Long Cove as may be ne- 
cessary to make a safe and convenient harbor of said cove, and 
that they may make such wharves and other erections as may be 

Additional real necessary for the purposes aforesaid : provided^ that the addi- 

^***'^- tional real estate, which said company may at any one time hold 

in their corporate capacity, shall not exceed fifty thousand dollars 
in value. And the said " Sandy Bay Pier Company" shall be hold- 
en to pay all damages which shall or may arise to any person by 
taking his estate or land for said purpose, when it cannot be ob- 

Damages. tained by voluntary agreement. And any person sustaining any 

damage by the taking of bis estate or land as aforesaid, and making 
said harbor, and building said breakwaters and piers, may apply, 
within the same time and in the same manner, to the court of 
common pleas for the county of Essex, for a committee to be 
appointed to estimate the said damages, as is provided in thesec- 

1830 ch. 34. ond section of the act, entided " an act to incorporate the Pigeon 
Cove Harbor Company," passed the fifth day of February, A. 
D., 1831, and said damage shall be estimated in the same way 
and manner, and the same proceedings shall be had, as is pro- 
vided in said section concerning such persons as might sustain 
damage under the said act to incorporate the " Pigeon Cove 
Harbor Company." 

Enlargement of Sect. 3. Be it further enacted., That the said cotnpany may 

capital stock by enlarge their capital stock by adding such number of new shares, 

the addition of „ , ° , r i i ■ . n i i 

new shares. 01 the value ot one hundred dollars each, as may be necessary to 
defray the expense of making said breakwaters, piers, wharves 
and erections, and all the expenses attending the making of said 
harbor ; and they shall open a subscription for the same, in the 
first place, to the inhabitants of that part of Gloucester called 
Sandy Bay, in such manner as the said company shall determine, 
and said new shares shall be held in the same manner, and with 
the same privileges, and subject to the same restrictions, as shares 

Assessments, in the said Sandy Bay Pier Company are now holden. And the 
said corporation may make assessments on said new shares, at 
such times, and in such manner, as they may direct ; and if any 
subscriber for said new shares shall not pay the first assessment 



1832. Chap. 91—92. 227 

on the same at such time as shall be fixed and determined by- 
said corporation, such subscriber so neglecting and refusing to 
pay, shall not be entitled to retain said share or shares, but the 
same shall be forfeited and may be disposed of by said corpora- 
lion in such manner as they may determine. And if the propri- 
etor of any share shall neglect and refuse to pay any subsequent 
assessment for the term of thirty days from the time the same 
shall become due, the share or shares of such proprietor may be 
sold at public auction, notice of the time and place being given 
by the treasurer, in any newspaper printed in the county of Es- 
sex, three weeks before the lime appointed for such sale, and 
also by posting up notifications in two or more public places in 
the town of Gloucester, ten days at least before such sale. And 
the proceeds of such sale shall be applied to the payment 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 legal representative, on demand ; and the purchaser or 
purchasers of such share or shares, shall receive a new certificate 
or certificates thereof : provided, however^ that, if before the ac- 
tual sale of any such share, the proprietor thereof shall pay the 
assesstnents due thereon, with interest from the time they be- 
come due, and all legal charges, the sale shall not proceed. 

Sect. 4. Be it further enacted. That all the estate, property and shares now be- Appraisement 
longing to said Sandy Bay Pier Company shall be appraised by three commission- of property, 
ers, to be appointed by tlie county commissioners for the county of Essex, for the pur- 
pose of bringing the same into a common stock with the new shares to be created [Repealed 1834 
as aforesaid. And the said commissioners shall be sworn before one of the justices ch. 104.] 
of the peace for said county of Essex, faithfully and impartially to appraise such es- 
tate, property and shares ; and the said commissioners shall make duplicate returns 
of tlieir doings in the premises, one copy of which shall be returned into the office of 
the clerk of the county commissioners for said county, and the other copy shall be de- 
livered to the clerk of the said " Sandy Bay Pier Company," and such appraisal, so 
made by the said commissioners, or a major part of them, shall be taken to be the 
true value of the estate, property and shares of said company. 

Sect. 5. Be it further enacted, That the proprietors of the existing shares of said Income of erec- 
company shall be entitled to receive the income of all the erections, which have been tions. 
heretofore made by said compan}', and shall have the control and management of the 
same, until said harbor in said Long Cove is so far completed, as to be productive of 
income from wharfage and dockage. 

Sect. 6. Be it further enacted, That at all their meetings Right of voting, 
the proprietors present may vote according to their interest in 
said property, allowing one vote to each share : provided, that 
no person shall have more than twenty votes, and absent pro- 
prietors may vote by proxy authorized in writing. 

Sect. 7. Be it further enacted, That unless said break- Condition of 
waters shall be commenced within six years from the first day of *'^ ^*''- 
May next, the said company shall not be entitled to any of the 
privileges hereby granted. [March 5, 1832.] Add. act, 1834 
ch. 104. 



An Act to incorporate the Proprietors of Millbury Academy. Cflttt). 92, 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That Caleb Burbank, Asa Waters, Simon Farns- Persons incor- 
worth, Jonas L. Sibley, Abraham G. Randall, with their asso- po^ated. 
ciates and successors, be and they hereby are made a body cor- 
porate, for the purpose of educating youth in the languages, and 



228 



1832.. 



-Chap. 92—93. 



Real and per- 
sonal estate. 



By-laws. 



First meeting. 



Chap. 93, 



Description of 
territory in- 
corporated. 



Arrears of 
taxes. 



Support of 
paupers. 



in the liberal arts and sciences, by the name of the "Proprie- 
tors of Millbury Academy" in the town of Millbury. 

Sect. 2. Be it further enacted^ That said corporation 
may hold real estate not exceeding six thousand dollars, and per- 
sonal estate not exceeding twelve thousand dollars, to be appro- 
priated and used for the purpose of education and instruction of 
youth and others in the languages and sciences. 

Sect. 3. Be it further enacted^ That said corporation may 
from time to time make such by-laws and regulations as they 
may deem necessary for the management of the interests and 
concerns of said academy : provided^ the same be not repugnant 
to the constitution and laws of this Commonwealth. 

Sect. 4. Be it further enacted, That any one of the per- 
sons named in this act may call the first meeting of said pro- 
prietors by giving personal notice thereof, ten days previous to 
the time of said meeting. [JMarch 5, 1832.] 

An Act to incorporate the town of Webster., 

Sect. 1. BE it enacted hy the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same, That the territory in the southerly part of the 
county of Worcester, comprised within the following limits, that 
is to say, beginning at the southwest corner of said territory 
where the line between Massachusetts and Connecticut intersects 
French River ; thence running easterly, by said line, to the 
south west corner of Douglas ; thence northerly by the line 
which divides Douglas from Oxford South Gore, until it inter- 
sects the line between Oxford and Douglas ; thence due west 
two and three fourth miles and thirty rods to a stone monument, 
about eighty-eight rods west of French River ; thence southerly 
in the direction of a stone monument in the line of Oxford and 
Dudley, near the house owned by Daniel Greenwood and Sam- 
uel Slater, to the middle of said river ; thence southerly by said 
river, to the first mentioned corner, together with all the inhabi- 
tants dwelling thereon, be,' and they hereby are, incorporated 
into a town, by the name of Webster, and vested with all the 
powers, privileges and immunities, and subject to all the duties 
and requirements of other incorporate towns, agreeably to the 
constitution and laws of this Commonwealth. 

Sect. 2. Be it further enacted, That the inhabitants of 
said town of Webster shall be holden to pay all arrears of 
taxes, which have been legally assessed upon them, by the 
towns of Oxford and Dudley, before the passing of this act ; 
and all taxes assessed, and not heretofore collected, shall be col- 
lected and paid to the treasurers of the towns of Dudley and 
Oxford, respectively, in the same manner as if this act had not 
been passed. 

Sect. 3. Be it further enacted, That the said town of 
Webster shall hereafter be liable to pay twp seventh parts of 
the expenses necessarily to be incurred in the support of all 
paupers who at the time of the passing of this act were actually 



1832. Chap. 93. 229 

in need of relief, and were receiving support from the town of 
Dudley, and one fourth part of the expenses so to be incurred 
by the town of Oxford, in the support of paupers, at present 
receiving relief from the said town of Oxford. And that in all 
cases of paupers, who shall hereafter stand in need of relief as 
paupers, whose settlements have been derived or obtained in 
either of the towns of Oxford or Dudley, previous to the pass- 
ing of this act, the said paupers shall be supported by the town, 
within the territorial limits of which such settlement was gained, 
the said town of Webster being required to support all such as 
have acquired, or shall hereafter acquire a settlement within the 
territory herein described. 

Sect. 4. Be it further enacted^ That the said town of Webster's pro- 
Webater shall be holden to pay and discharge two seventh parts 5"u'.'°" "j^'^t,- 

r n 1-1 ^ "^ 1 -1 /■ r-^, II • °^bts and obli- 

ot all expenses which may accrue to the said town ol Dudley in gallons of the 
the construction of a county road, leading from a point near the town of Dudley, 
dwelling-house of Ralph Vinton to the line of Oxford, which 
the county commissioners for the county of Worcester have 
heretofore located and ordered to be wrought ; and shall also pay 
and discharge two seventh parts of all debts and obligations due 
and incurred by the town of Dudley before the passing of this 
act, by virtue of any contract already executed, and shall be 
holden in the same proportional amount for all legal liabilities 
heretofore incurred by the said town of Dudley, not otherwise 
provided for in this act : provided^ nevertheless^ that all monies now 
in the treasury of the said town of Dudley, or which may here- 
after be paid into the same, as the proceeds of taxes already as- 
sessed, or of obligations now due or owing to the said town of 
Dudley, shall first be applied to the payment of the debts and 
expenses, and the discharge of the liabilities due from, or incur- 
red by the town of Dudley as aforesaid. 

Sect. 5. Be it further enacted. That the bridge over Repair and 
French River, near Preston's cotton mill, and the bridge on the [^rkiges"^"'^^ "'^ 
same stream, near Slater's cotton thread mill, shall forever here- 
after be maintained and kept in repair by said town of Webster, 
and that the bridge on said river, near the line of the state of 
Connecticut, shall be maintained and kept in repair by said 
town of Dudley ; and that the said bridges, in regard to all le- 
gal liabilities, shall be respectively deemed and taken to be 
within the limits of the town which by this act is required to 
maintain and repair the same. 

Sect. 6. Be it further enacted, That, of all state and ''^'^^'^^ ^""^ 

,.,,•',,, . , „ . , . county taxes. 

county taxes which siiall be required ot said towns, previous 
to a new valuation, the said town of Webster shall pay thereof 
in the proportion in which the said town of Webster is liable 
as aforesaid to the payment of expenses, to be incurred as 
aforesaid in the support of paupers now chargeable to the towns 
of Oxford and Dudley. 

Sect. 7. Be it further enacted, That any justice of the First meeting, 
peace for the county of Worcester, upon application therefor, is 
hereby authorized to issue his warrant, directed to any freeholder 
in the said town of Webster, requiring him to notify and warn 



230 1832. Chap. 93—96. 

the inhabitants thereof to meet at such time and place as may be 
appointed in said warrant, for the choice of all such town officers 
as towns are by law required to choose at their annual town 
meetings. [March 6^ 1832.] 

ChctPi 94. -^^ ^^'^ 'o incorporate the President, Directors and Company of the Mercantile Bank, 
^ in th e city of Boston. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 

Persons incor- the same, That Isaac McLellan, Robert G. Shaw, Samuel S. 

porated. Lewis, John Kettell and Charles Henshaw, their associates, 

successors and assigns, shall be, and they hereby are created a 
corporation, by the name of the President, Directors and Com- 

[Name Chang- pany of the Mercantile Bank, in the city of Boston, and shall so 

^ ' c . .J j^Qjjfjj^yg yj^^jj jj^g ^,,g{ (jyy Q^ Qctobcr, wliicli shaH be in the year 
of our Lord one thousand eight hundred and fifty-one, and shall 

Powers and du- 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 

1828 ch. 96. thousand eight hundred and twenty-nine, entitled " an act to reg- 
ulate banks and banking," and the further provisions contained in 
an act passed on the twenty-eighth day of February, in the year 
of our Lord one thousand eight hundred and thirty-one, entitled 

1830 ch. 58. '< an act to continue the banking corporations therein named, and 
for other purposes." 

Transferor Sect. 2. Be it further enacted. That the stock in said bank 

^^°^^' shall be transferable only at its banking-house and in its books, 

and no part thereof shall be transferred by way of security for the 
performance of any obligation whatsoever, until two years from 
the payment of the first instalment into said bank. 

Capital stock. Sect. 3. Be it further enacted, That the capital stock of 
said corporation shall consist of five hundred thousand dollars, to 
be divided into shares of one hundred dollars each, to be paid in 
such instaltnents, and at such times, as the stockholders may di- 

[Time extend- rcct. Provided, that the whole be paid in, within one year from 

ed, 1833ch.92.] ^j^g passing of this act. 

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

[Location alter- be established and located on Commercial street, as near the 
1371^^^'^''' ^^^^^ of Exchange wharf, so called, as it conveniently may be, in 
the city of Boston, and that any one of the persons before named 
shall be authorized to call the first meeting of said corporation, 
by advertising the same in any newspaper published in the city of 
Boston, ten days at least before said meeting. [^March 6, 1832.] 
Add. acts, 1833 ch. 92 : 1837 ch. 137. 

ChcLT). 9fc) ^^ ^'^^ incorporating- the Lowell Mutual Fire Insurance Company. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
Persons incor- the same, That Kirk Boott, Luther Lawrence, Elisha Glidclen, 
porate . Cyril Coburn, Pelham W. Warren, Darius Young, Aaron Man- 

sur, George Brown, John L. Sheafe, Stephen Mansur, Thomas 
B. Goodhue, Francis Hilliard, Nathaniel Wright, John C. Dal- 
ton, Seth Ames, Benjamin Walker, James G. Carney, Samuel 



1832. Chap. 96. 231 

F. Haven, William T. Heydock, John Nesmith, Thomas Ne- 
smith, Alpheus Smith, Francis Thompson, Timothy Frye, Ha- 
zen Elliot, Matthias Parkhurst, Simon Adams, Alvah Mansur, 
Ransom Reed, Joseph G. Kittredge, Daniel Shattuck, and their 
associates, successors and assigns, are hereby constituted a body 
politic and corporate, by the name of the Lowell Mutual Fire 
Insurance Company, with all the powers and privileges incident 
to such corporations, for the term of twenty-eight years. 

Sect. 2. Be it further enacted, That when the sum sub- When author- 
scribed to be insured shall amount to one hundred thousand dol- '^^'^ *° insure, 
lars, said corporation may insure, for the term of from one to 
seven years, any buildings, goods or moveables whatsoever, in 
this Commonwealth, or in the slate of New Hampshire, to any 
amount, not exceeding three fourths of the value of the property 
insured. 

Sect. 3. Be it further enacted, That said corporation may By-laws, and 
choose such officers, and establish such by-laws, as they may °*<^'^''*- 
deem necessary, not repugnant to the constitution and laws of 
this Commonwealth, and each member shall have as many votes 
as he has policies, and may vote by proxy. 

Sect. 4. Be it further enacted. That the funds of said cor- Investment of 
poration shall be invested in stocks, or loaned 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 exceed- 
ing the amount of their then existing funds, the directors shall 
without delay assess such sum as may be necessary on the mem- 
bers, in proportion to the amount of their premiums and deposits 
for seven years, but not to exceed triple the amount of such pre- 
miums and deposits. 

Sect. 5. Be it further enacted, That when any member Executions, 
shall recover judgment against said corporation, he may levy his °^ 
execution on their estate or funds ; but if sufficient estate or funds 
cannot be found, he may levy the same on the private property 
of any of the directors : provided, they first refuse or neglect, for 
the space of sixty days, to satisfy the execution, after formal de- 
mand made upon them for that purpose ; and any director, whose 
property may be thus taken, may sustain an action of the case 
against the corpoi'ation, to recover full and adequate damage 
therefor. 

Sect. 6. Be it further enacted, That each policy of insur- Policies to ere- 
ance shall of itself, without any other ceremony, create a lien on building" insur- 
any building insured, and on the land under it, for the payment ed. 
of the premium stipulated in said policy, and of all assessments 
lawfully made by virtue thereof : but this provision shall not pre- 
vent the taking of other collateral security. 

Sect. 7. Be it further enacted, That in case it should be- Proceedings in 

,. . .1, \- ^1 ^ • j^i case of resort to 

come necessary to resort to the iien on the property insured, the j^g 
treasurer shall demand payment of the insured, or his legal rep- 
resentative, and likewise of the tenant in possession ; and in case 



lien. 



232 1832. Chap. 96—97. 

of non payment, the corporation may sustain an action for any 
sum due, either on the deposit note, or by assessment, and their 
execution may be levied on the premises insured ; and the officer 
making the levy may sell the whole or any part of the estate at 
auction, giving notice, and proceeding in the same manner as is 
required in the 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 execution, and twelve per cent, 
interest thereon, within one year from the time of sale. 
Liability to tax- Sect. 8. 136 it further enactecL That this corporation shall 

ation, and first i i- i , , , , , , r i • /-t i i 

ineetiiig. be liable to be taxed by any general law ol this Commonwealth, 

taxing other similar institutions ; and any member named in this 
act may call the first meeting, by advertising the time and place 
of sue!) meeting in some newspaper published at said Lowell, 
ten days at least before ilie time of meeting. iMarch 6, 1832.] 

C/lilD 9T ^^ ^^^ to incorporate the Pittsfielcl and West Stockbridge Rail-road Company. 

Sect. 1. BE it enacted by (he Senate and House of Repre- 
sentatives^ in General Court assembled, and by the authorit;/ of 

Persons incor- the Same, That Samuel M. McKay, Lemuel Pomeroy, Thom- 

^'^''"^^ ■ as A. Gold and Eleazer Williams, their associates, successors 

and assigns, be, and they hereby are made a body politic and 
corporate, by the name of the Pittsfield and West Stockbridge 
Rail-road Company, and by tliat name may sue and be sued, plead 
and be impleaded, in any court of law or equity, and have a com- 
mon seal, and the same may alter or renew at pleasure, and do 
all acts and things necessary to carry into effect the object and 
purposes of this act. And the said corporation are hereby author- 
ized and empowered to locate, construct, and finally complete a 

Route of rail- rail-road, beginning at or near the village of Pittsfield, and thence 
through Richmond, in the most convenient route, to or near the 
west line of this Commonwealth, in the town of West Stock- 
bridge ; and may lay out said road at least four rods wide, and for 
the purpose of cuttings, embankments, and obtaining stone and 
gravel, may take as much more land as may be necessary for 
the proper construction and security of the road, paying, how- 
ever, damages for taking such land or materials, in the manner 
herein after provided. 

Capital stock, Sect. 2. Be it further enacted. That the capital stock of 

and number of . , . , ,, • ^ r c i j • i i j j 

shares. said Corporation shall consist ol lour thousand eight hundred 

shares, of fifty dollars each, and the immediate government and 
direction of its affairs shall be vested in five directors, who shall 
be chosen by the members of the corporation, in the manner 
herein after provided, who shall hold their offices for one year, and 
until others shall be duly elected and qualified to take their place 
as directors. And the said directors, 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 pres- 
ident of the corporation, and said directors 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 corpora- 



1832. Chap. 97. 233 

tion, with one or more sureties to the satisfaction of the directors, 
in a sum not less than six thousand dollars, for the faithful dis- 
charge of his trust. 

Sect. 3. Be it further enacted, That the president and di- President and 
rectors, for the time being, are hereby authorized and empower- po^^rg" f™' 
ed, by themselves, or their agents, to exercise all the powers construct a rail- 
herein granted to the corporation, for the purpose of locating, ''*'^'^' 
constructing and completing said rail-road, and all other powers 
and authority 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 the 
said road ; to make such equal assessments, from time to time, on Assessments, 
all the shares of said corporation, as they may deem expedient 
and necessary in the progress and execution of the work, not ex- 
ceeding in the whole fifty dollars on a share, and direct the satne 
to be paid to the treasurer of the corporation, and the treasurer 
shall give notice of all such assessments. And in case any sub- 
scriber shall neglect to pay his assessment, for the space of thirty 
days after due notice by the treasurer, the directors may order 
the treasurer to sell such share or shares at public auction, after 
giving due notice thereof, to the highest bidder, and the same 
shall be transferred to the purchaser. And such delinquent sub- 
scriber shall be held accountable to the corporation 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 the interest and cost of sale. 

Sect. 4. Be it further enacted, That the said corporation By-laws, 
shall have power to make all such by-laws and regulations, as 
they shall deem expedient and necessary to effect all the purposes 
of this act, not repugnant to the constitution and laws of the Com- 
monwealth. 

Sect. 5. Be it further enacted, That a toll be, and hereby Tolls, 
is granted and established, for the sole benefit of said corporation 
on all passengers and property, which may be conveyed on said 
road, at such rates per mile as the directors shall, from time to 
time establish. The transportation of persons and property, the 
construction of wheels, the form of cars and carriages, the weight 
of loads, and all other matters and things, in relation to the use 
of said road, shall be in conformity to such rules, regulations and 
provisions as the directors shall, from time to time, prescribe 
and direct, and any person conforming thereto may use said road : 
provided, however, that the Legislature may, in four years after Legislature 
the completion of the road, and any four years thereafter, raise may alter tolls, 
or reduce the rate of toll for the next four years, according as 
the net income or receipts from tolls and other profits shall have 
exceeded or fallen short of ten per cent, per annum, upon the 
whole cost of the road. 

Sect. 6. Be it further enacted, That the directors of said Toll-houses, 
corporation, for the time being, are hereby authorized to erect f^^/gpor^s To" the 
toll-houses, establish gates, appoint toll-gatherers, and demand Legislature. 

VOL. VII, 30 



234 



1832.- 



Chap. 97. 



Damages. 



Lands of in- 
fants, &c. 



Penalties for 
malicious inju- 
ries. 



Annual meet- 
ing, choice of 
directors, &c. 



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 under oath, of 
their acts and doings, receipts and expenditures, under the pro- 
visions of this act ; and their books shall be at all times open to 
the inspection of any committee of the Legislature, appointed 
for that purpose ; and if the directors shall unreasonably neglect 
or refuse to make such report, at the expiration of any year after 
the opening of said rail-road, for any such neglect or refusal, said 
corporation shall forfeit and pay to the use of the Commonwealth, 
a sum not exceeding three thousand dollars, to be recovered by 
action or indictment, in any court of competent jurisdiction. 

Sect. 7. Be it further enacted^ That the said corporation 
shall be holden to pay all damages, that may arise to any person 
or corporation, by taking their land for said rail-road, when it 
cannot be obtained by voluntary agreement, to be estimated and 
recovered in the manner provided by law for the recovery of 
damages happening by the laying out of highways. 

Sect. 8. Be it further enacted, That, when the lands, or 
other property, or estate of any married woman, infant, or per- 
son non compos mentis, shall be necessary, for the construction 
of said rail-road, the husband of such married woman, and the 
guardian of such infant, or person non compos mentis-, may re- 
lease all damages in relation to the lands, or estates, to be taken 
and appropriated as aforesaid, as they might do, if the same were 
holden by them in their own right respectively. 

Sect. 9. Be it further enacted, That if any person shall 
wilfully, maliciously or wantonly, and contrary to law, obstruct 
the passage of any carriage on said rail-road, or in any way spoil, 
injure or destroy said rail-road, or any part thereof, or any thing 
belonging thereto, or any materials or implements to be employed 
in the construction or for the use of said road, or shall aid, assist, 
or abet such trespass, [such personl shall forfeit and pay to said 
corporation, for any such offence, treble such damages as shall be 
proved before the court or jury, before whom the trial shall be 
had, to be sued for and recovered before any court of compe- 
tent jurisdiction, by the treasurer of the corporation ; and such 
offender shall be liable to indictment, and on conviction before 
any court of common pleas, in the county where the offence was 
committed, 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. 

Sect. 10. Be it further enacted, That the annual meeting of 
the members of the corporation shall be holden on the first 
Wednesday of May, 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 pioprietor being entitled to as 
many votes as he holds shares : provided, they do not amount to 
more than one tenth part of the whole number ; and the per- 
sons named in this act, or any three of them, are hereby au- 



1832. Chap. 97. 23d 

thorized to call the first meeting of said corporation, by giving 
notice in the Pittsfield Sun, and in the Journal and Argus, 
printed in Lenox, of the time, place and purpose of such meet- 
ing, at least ten days before the time mentioned in such notice- 

Sect. 11. Be it further enacted. That if the said rail-road. How rail-road 
in the course thereof, shall cross any private way, said rail-road sl'rucied across 
shall be so constructed as not to obstruct the safe and convenient private and 
use of such way ; otherwise the party aggrieved shall be entitled pi^^'icways. 
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, it 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 rail-road, if necessary, may conveniendy pass 
under or over the same ; and if said corporation do not exercise 
said power, in a manner satisfactory to the proprietors of such 
turnpike, or to the selectmen of the town in which said highway 
or private way may be situated, as the case may be, said pro- 
prietors or selectmen may require, in writing, of said corpora- 
tion, such alteration or amendment as they may think necessary ; 
and, if the required amendment or alteration be reasonable and 
proper, in the written opinion of a majority of the county com- 
missioners, and the said corporation shall unnecessarily and un- 
reasonably neglect to make the same, such proprietors or select- 
men, as the case may be, may proceed to make such alteration 
or amendment, and may institute and prosecute to final judg- 
ment and execution, in any court proper to try the same, any 
action of the case against said corporation, and shall therein re- 
cover a reasonable indemnity in damages, for all charges, disburse- 
ments, labor and services occasioned by making such alteration 
or amendment, with costs of suit. 

Sect. 12. Be it further enacted, That no other rail-road Restrictions 
than the one hereby eranted, shall, within thirty years from "fu°" ^''.f"*^ ^^ 

1 1 • 1 . 1 1 J- r -n- other rail-roads. 

passing this act, be authorized to be made, leading irom l^itts- 
field through Richmond, to any place within five miles of the 
western termination of the rail-road hereby granted : provided, 
that any rail-road company which may be incorporated, shall be 
authorized to enter with their rail-road, at any point of the hereby 
granted rail-road, paying for the right to use the same, or any 
part thereof, such a rate of toll, and complying with such rules 
and regulations, as may be established by the Pittsfield and West 
Stockbridge corporation, by virtue of the fifth section of this 
act : provided, also, that the state may, after the expiration of Commonwealth 
twenty years from the opening for use of the rail-road herein pro- may purchase 
vided to be made, purchase of the said corporation the said rail- 
road, and all the franchise, property, rights, and privileges of the 
said corporation, on paying therefor the amount expended in 
making said road, together with such further sum, as shall, with 
the net profits and income they may have received from tolls, 



236 



1832.- 



-Chap. 97—98. 



Conditions 
of this act. 



Bridges, 



and other sources of profit, on account of said rail-road, amount to 
ten per cent, annually, upon such cost ; and after such purchase, 
the limitation provided in the fifth section of this act shall cease, 
and be of no effect. 

Sect. 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 proper county commissioners, previous 
to the first day of January, eighteen hundred and thirty-four, or 
if the stock, being so subscribed for, the company organized, and 
location made as aforesaid, the said corporation shall fail to com- 
plete said rail-road, before the first day of April, eighteen hun- 
dred and thirty-six, in either of the before mentioned cases, this 
act shall be void, and of no effect, otherwise it shall remain in 
full force, until the Commonwealth shall purchase the said rail- 
road as aforesaid. 

Sect. 14. Be it further enacted, That said corporation 
shall constantly maintain in good repair, all bridges, with their 
abutments and embankments, which they niay construct for the 
purpose of passing their rail-road over any canal, turnpike, or 
other highway, or private way ; or of passing such private way, 
turnpike or other highway over said rail-road. [March 6, 1832.'] 

Chci'P* 98. ^" ^^^"^ '° incorporate the President, Directors and Company of the Bristol County 
■^ Bank, in Taunton. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same. That William A. Crocker, Charles Richmond, Nathan 
Lazell, Jr., Nahum Mitchell, Samuel L. Crocker, Jacob Per- 
kins, D. G. W. Cobb, and George A. Crocker, their asso- 
ciates, successors and assigns, shall be, and they hereby are cre- 
ated a corporation, by the name of the President, Directors, 
and Company of the Bristol County Bank, and shall so continue 
until the first day of October, which shall be in the year of our 
Lord one thousand eight hundred and fifty-one, and shall be en- 
titled to all the powers and privileges, and subject to all the du- 
ties, liabilities and requirements, contained in an act passed on 
the twenty-eighth day of February, in the year of our Lord one 
thousand eight hundred and twenty-nine, entitled " an act to reg- 
ulate banks and banking," and to the further provisions contained 
in an act passed the twenty-eighth day of February, in the year of 
our Lord one thousand eight hundred and thirty-one, entitled 
" an act to continue the banking corporations therein named, and 
for other purposes." 

Sect. 2. Be it further enacted. That the stock in said 
bank shall be transferable only at its banking house, and in its 
hooks, and no part thereof shall be transferred byway of security 
for the performance of any obligation whatsoever, until two years 
from the payment of the first instalment into said bank. 

Sect. 3. 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 stockholders 



Persons incor- 
porated. 



Powers and 
duties. 



1828 eh. 96. 



1830 ch. 58. 



Transfer of 
stock. 



Capital slock. 

[Capital in- 
creased, 1836 
ch. 117.] 



1832. Chap. 98—99. 237 

may direct : provided, (he whole be paid in, within one year from 
the passing of this act. 

Sect. 4. Be it further enacted, That the said bank shall be L(Ttaiioii. 
established in the town of Taunton, and that any three of the per- 
sons before named shall be authorized to call the first meeting of 
said corporation by advertising the same in any newspaper pub- 
lished in Taunton, ten days at least before said meeting. [JWarch 
6, 1832.] Add. act, 1S36 ch. 117. 

An Act to incorporate the Fishing Insurance Company, at Provincetown. Chct'O 99 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That Simeon Conant, Henry Willard, Samuel Soper, Persons incor- 
Thomas Nickerson, Jonathan Cook, .Jr., Elisha Young, Ephraim pof'^^'ed- 
Cook, Charles Parker and Solomon Cook, with their associates, 
successors and assigns, he, and they are hereby incorporated into 
a company and body politic, by the name of the Fishing Insur- 
ance Company at Provincetown, for the purpose of taking marine [Powers en- 
risks on vessels employed in the fishing and coasting business, '^/^|f'/^^^ 
their cargoes and appurtenances, with all the powers and privi- 
leges granted to insurance con)panies, and subject to all the re- Powers and 
strictions, duties and obligations contained in a law of this Com- 
monwealth, entitled "an act to define the powers, duties and re- I8i7ch. 120. 
strictions of insurance companies," passed on the sixteenth day 
of February, in the year of our Lord eighteen hundred and eigh- 
teen, for and during the term of twenty years after the passing of 
this act, and by that name may sue and be sued, plead and be 
impleaded, appear, prosecute and defend to final judgment and 
execution ; and may have a common seal, which they may alter 
at pleasure ; and may purchase, hold and convey any estate, real 
or personal, for the use of said company : provided, the said real Real estate, 
estate shall not exceed the value of fifteen thousand dollars, ex- 
cepting such as may be taken for debt, or held as collateral secu- 
rity for money due to said society. 

Sect. 2. Be it further enacted, That the capital stock Capital stock. 
of said company shall be thirty thousand dollars, and shall be 
divided into shares of fifty dollars each, fifteen thousand dol- [increased,i833 
lars of which shall be paid in money within sixty days after the cli.34..] 
first meeting of 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 com- 
pany shall go into operation. 

Sect. 3. Be it further enacted, That the stock, property, Directors, 
affairs and concerns of the said company shall be managed and 
conducted by nine directors, one of whom shall be president of 
said company, who shall hold their offices for one year, and un- 
til others are chosen and no longer, and who shall, at the time 
of their election, be stockholders in said company, and citizens 



238 1832. Chap. 99. 

of this Commonwealth, and shall be elected on the first Monday 
in February in each year, and every year, at such time of the 
day, and at such place in Provincetown, as a majority of the di- 
rectors for the time being shall appoint, of which election pub- 
lic notice shall be posted up in two public houses in Province- 
town, and continue for the space of ten days immediately pre- 
ceding such election, and the election shall be made by ballot, 
Right of voting, 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 ten votes, and absent stockholders 
may vote by proxy, under such regulations as the said company 
shall prescribe. And if, through any unavoidable accident, the 
said directors shall not be chosen on the first Monday iti Febru- 
ary as aforesaid, it shall be lawful to choose them on any other 
day in the manner herein provided. 
Choice of presi- Sect. 4. Be it further enacted^ That the directors, when 
<^®"'- chosen, shall meet as soon as may be after every election, and 

shall choose out of their body one person, to be president, who 
shall be sworn or affirmed to the faithful discharge of the duties 
of his office, and who shall preside for one year, and until ano- 
ther be chosen. And in case of the death, resignation, or ina- 
bility 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. 
Board for doing Sect. 5. Be it further enacted^ That the president and 
business, &c. g^g ^^ j^|jg (jitectors. Or six of them in his absence, shall be a 
board conipetent to the transaction of business ; and all ques- 
tions before them shall be decided by a majority of votes ; and 
they shall have power to make and prescribe such by-laws, 
rules and regulations, as to them shall appear needful and proper, 
touching the management and disposition of the stock, property, 
estate and effects of said coinpany, and the transfer of the 
shares, and touching the duties and conduct of the several of- 
ficers, clerks and servants employed, and the election of direc- 
tors ; and all such matters as appertain to the business of insur- 
ance ; 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 regulations shall not be repugnant to the constitution and 
laws of this Commonwealth. 
First meeting. Sect. 6. Be it further enacted^ That any two or more of 
the persons named in this act are hereby authorized to call a 
meeting of said company, by posting up notice in two public 
houses in Provincetown, two successive weeks, for the purpose 
of electing their first board of directors, who shall continue in 
office till the first Monday in February, then next ensuing, and 
Conditions of until Others shall be chosen in their stead : provided^ however^ 
this act. ^j^^j jl^j^ charter shall be void and of no effect, unless put into ope- 



1832. Chap. 99—101. 239 

ration, 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 fifteen thousand dollars of the capital 
stof;k of said company shall have actually been paid. 

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

Sect. 8. Be it further enacted, That the said insurance com- Location, 
pany shall be located and kept in the town of Provinctown. 

Sect. 9. Be it further enacted, That tiie said insurance Liability to lax- 
company shall be liable to be taxed by any general law provid- ^''°"' 
ing for the taxation of all similar corporations which are by law 
liable to be taxed. [March 6, 1832.] Add. act, 1833 ch. 
34. 

An Act in addition to " An Act to incorporate certain persons for the purpose of f^firiT, 1 C)C) 
building' a bridge over Connecticut River, between the towns of Sunderland and ^"■"jP ^ • 
Deerfield, in the county of Hampshire." 

BE it enacted by the Senate and House of Representatives, I8it ch. 38.122. 
in General Court assembled, and by tlie autliority of the same, ^^24ch.29. 
That the proprietors of Sunderland bridge be, and they are 
hereby authorized and empowered to erect a bridge over Con- 
necticut River, not less than twenty-six feet in widlh, any thing 
in the act to which this is in addition to the contrary notwith- 
standing. [March 7, 1832.] 

An Act to authorize the Proprietors of " Hancock's Wharf," to extend the same. dlCLX) 1 01 . 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That the proprietors of the wharf in the city of 
Boston, now called and known by the name of Hancock's Extension of 
Wharf, be and they hereby are authorized and empowered to Yzld ^^^ °^' 
extend and maintain the said wharf into the harbor channel, as 
far as to a line drawn straight from the present northeasterly 
corner of the end of Long Wharf, or Boston Pier, so called, 
to a point at the northerly end of said line, intersected by the 
southeasterly line or side of Union wharf, extended straight 
as far as the proprietors of said Union wharf are authorized to ex- 
tend the same, by an act entitled "an act to authorize the pro- i828 ch. 92. 
prietors of Union Wharf to extend the same," passed on the 
twenty-seventh day of February in the year of our Lord one 
thousand eight hundred and twenty-nine ; and that the proprie- 
tors of said Hancock's wharf, shall have and enjoy the right 
and privilege of laying vessels at the sides and ends of their 
said wharf, and receiving dockage and wharfage therefor : provided, Proviso, 
that so much of said wharf as may be constructed in said chan- 
nel shall be built on piles, and be parallel with the lines of the 
dock and common highway established northeasterly of said 
Long wharf by the city of Boston and others. 

Sect. 2. Be it further enacted, That nothing herein con- 



240 1832. Chap. 101—103. 

Rights of others tained shall be construed to authorize the proprietors of said 
protected. Hancock's vvharf to lessen or injure the rights or property of the 

owner or owners of any wharf or wharves adjoining said Han- 
cock's wharf. [J)farc/i7, 1832.] 

ChciV 102 ^" ^^^ ^° authorize the proprietors of Lewis' Wharf to extend the same. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
Extension of the Same, That the proprietors of the wharf in the city of Boston, 
aiuhor'iz'ld!'^^ now called and known by the name of Lewis' Wharf, be, and 
they are hereby authorized and empowered to extend and main- 
tain the said wharf into the harbor channel, as far as to a line 
drawn straight from the present northeasterly corner of the end 
of Long wharf, or Boston ])ier, so called, to a point on the 
northerly end of said line, intersected by the southeasterly line 
or side of Union wharf, extended straight as far as the proprie- 
tors of said Union wharf are authorized to extend the same, by 
1828 ch. 92. an act entitled "an act to authorize the proprietors of Union 
whai'f to extend the same," passed on the twenty-seventh day of 
February, in the year of our Lord one thousand eight hundred 
and twenty-nine ; and that the proprietors of said Lewis' wharf 
shall have and enjoy the right and privilege of laying vessels at 
the sides and end of their said wharf, and receiving dockage and 
Proviso. wharfage therefor : provided, that so much of said wharf as may 

be constructed in said channel, shall be built on piles, and be 
parallel with the lines of the dock, and common highway, estab- 
lished northeasterly of said Long wharf, by the city of Boston 
and others. 
Rights of others Sect. 2. Be it further enacted, That nothing herein con- 
protected. tained shall be construed to authorize the proprietors of said 

Lewis' wharf to lessen or injure the rights or property of the 
owner or owners of any wharf or wharves adjoining said Lewis' 
wharf. [March 7, 1832.] 

C^hfW 1 OS ■'^" ^'^'^ '° incorporate the Trustees of the First Methodist Episcopal Church in An- 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
Persons incor- of the samc, That Daniel Saunders. Orlando Abbot, Charles 
porated. Abbot, Parker Richardson, Charles F. Abbot, Samuel K. 

Hutchinson, and »Solomon H. Higgins, of Andover, and their 
successors in office, be, and they hereby are constituted a body 
corporate, by the name of the Trustees of the First Methodist 
Episcopal Church in Andover. 
Real and per- Sect. 2. Be it further enacted, That the said trustees, and 
sonai estate. jj^^jj. g^jccessors in officc, shall have power to receive, hold and 
possess all the property belonging to said church, both real and 
personal, in trust, for the support and maintenance of the public 
worship of God in said church, and for the uses and purposes 
for which it may be committed to them ; and all gifts, grants, 
bequests and donations, that may be made to'the said trustees, in 
their said capacity, for the use and benefit of said church, shall 
be valid, to every intent and purpose ; and the said trustees may 



1832. Chap. 103—105. 241 

hold and possess, as aforesaid, funds, consisting of real and per- 
sonal estate, belonging to said church, the annual income of 
which shall not exceed two thousand dollars. 

Sect. 3. Be it further enacted, That the board of trus- Board of trus- 
tees hereby constituted, and that may be hereafter elected, shall Iransaciion of 
consist of seven members, a majority of whom shall constitute a business, &c. 
quorum for doing business ; and said trustees may be chosen an- 
nually by a majority of the pew owners, at a meeting regularly 
notified and holden for that purpose ; and all vacancies that may 
occur during the year, by death, resignation or otherwise, shall 
be filled in such manner as the pew owners may direct ; and said 
trustees shall have power to make and ordain such by-laws as 
they shall deem necessary for their own government, not repug- 
nant to the constitution and laws of this Commonwealth ; and 
Daniel Saunders before named hereby is authorized to call the 
first meeting of said trustees, by giving notice of the time and 
place to each of the aforesaid trustees, seven days before the 
time of holding the same. [March 7, 1832.] 

An Act in addition to an Act to incorporate the Managers of the Port Society of the (Jfi^'n | 04. 
city of Boston, and its vicinity. " 

Sect. 1 . BE it enacted by the Senate and House of Repre- J828ch. 90. 
sentatives, in General Court assembled, and by the authority of 
the same, That the annual income of said society shall not ex- Annual income, 
ceed four thousand dollars, instead of two thousand dollars, as 
limited in the act to which this is in addition. 

Sect. 2. Be it further enacted, That, in accordance with income not to 
the original design of said society, the said income shall be ap- s|ct'ar'ian^pur-° 
plied exclusively to the moral and religious instruction of seamen ; poses. 
that the said society shall never be perverted to sectarian pur- 
poses, and that, in case of any such abuse of the corporate prop- 
erty of said society, the Legislature may inquire into such abuse, 
and may declare this act, and the act to which this is in addition, 
to be void, and that thereupon the funds contributed to the object 
of said society shall revert to the donors thereof, or to their legal 
representatives. 

Sect. 3. Be it further enacted. That all provisions in the Repeal, 
act to which this is in addition, inconsistent with the provisions 
of this act, be, and the same hereby are repealed. [March 7, 
1832.] Add. act, 1834 ch. 111. 

An Act to incorporate the Fairhaven Seamen's Friend Society. CflCtp 105. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same. That Joseph Bates, E. S. Jenny, Asa Hills, Jabez Persons incor- 
Delano, Jr., Nathan Church, Tucker Damon, Daniel Perry, P"""^® 
Solomon Williams, their successors and associates, be, and they 
are declared to be a body corporate, with all the usual powers of 
corporations, and made capable of having, holding and using, by Real and per- 
subscription, purchase or donation, for the purposes in this act 
expressed, real estate to the amount of five thousand dollars, and 
personal estate to the same amount. 

VOL. VII. 31 



242 1832. Chap. 105—107. 

Religious and Sect. 2. Be it further enacted. That the corporation hereby 

tion^of seamen Created is established and created for the purpose and only pur- 
pose of improving the moral and religious character of seamen, 
and to this end are hereby enabled to establish a place of public 
worship and of christian instruction, and to establish one or more 
schools, and such other means of moral instruction as to said 
corporation may seem expedient. 
Choice of offi- Sect. 3. Be it further enacted, That said corporation, at 
'^^'^^- any legal meeting, may choose all such officers as may by said 

corporation be found necessary and proper, and may provide by 
regulations and by-laws, from time to time, for the government 
of said corporation, and for the safe management and use of its 
corporate property to the ends aforesaid. 
First meeting. Sect. 4. Be it further enacted, That any three of the per- 
sons in this act mentioned be, and they hereby are authorized and 
empowered to call the first meeting of the members of said cor- 
poration, by public notification printed in any newspaper of the 
town of New Bedford, at least one week before the day appointed 
for such meeting, and at such meeting, or any adjourned meeting, 
the members present may proceed to organize said corporation, 
and to execute the powers hereby given. [JMarch 7, 1832.] 

r^hnn 1 Ofi ^^ ^^"^ ^° improve the navigation of Town River, in Quincy. 

' BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, 
Improvement of That the Quincy Canal Corporation be, and they are hereby au- 
t^^e navigation thorized and empowered to place spiles or dolphins in such places 
or points, in or near the channel of Town river, (so called,) in 
Quincy, as shall give greater facilities to the navigation of said 
river : provided, hoivever, that no spile or dolphin shall be so 
placed as to obstruct in any degree a free passage in said river 
to any wharf, ship yard or landing place, without the previous 
consent of the proprietors thereof. [JMarch 7, 1832.] 

C^hflTt 1 07 •^" ^^"^ '" addition to an Act to establish the Boston and Taunton Rail-road Corpora- 

1831 ch. 55. Sect. 1. BE it enacted by the Senate and House of Repre- 

sentatives, in General Court assembled, and by the authority of 
Commonwealth the samc, That it shall be in the power of the government of the 
T^lToa.T^&.T Commonwealth, at any time during the continuance of the charter 
of said Boston and Taunton Rail-road Corporation, after the ex- 
piration of twenty years from the opening for use of the rail-road 
therein provided to be made, to purchase of the said corporation 
the said rail-road, and all the franchise, property, rights and priv- 
ileges of the said corporation, by paying them therefor the amount 
expended in making said rail-road, and the expenses of repairs, 
and all other expenses relating thereto ; and in case, at the time 
of such purchase, the said corporation shall not have received an 
income equal to ten per cent, per annum on the original cost, 
over and above the charge for repairs and superintendance, and 
all other expenses relating thereto, the governtrient are to pay the 
said corporation such additional sum, as, together with the tolls 



1832. Chap. 107—108. 243 

and profits of every kind which they shall have received from the 
said rail-road, will be equal to ten per cent, per annum on the 
cost of said rail-road, from the date of the payment thereof by 
the stockholders of the said corporation, to the time of such pur- 
chase ; and every thing contained in the act to which this is in 
addition, inconsistent with the provisions herein made, is hereby 
repealed. 

Sect. 2. Be it further enacted, That the further period of Time extended, 
one year, beyond the respective times mentioned in the act to 
which this is in addition, is hereby granted to the said corporation 
for filing the location of the route, and completing said rail-road. 
[March 7, 1832.] 

An Act to incorporate the Proprietors of the New Bedford and Fairhaven Ferry. ChWD 108. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same, That Ivory H. Barilett, Asa Swift, Jr., Ezekiel ^^;^°g"J •"*=°''" 
Sawin and William T. Hawes, their associates, successors and 
assigns, be, and they hereby are constituted a corporation, by 
the name of the Proprietors of the New Bedford and Fairhaven 
Ferry, and by that name may sue and be sued to final judgment 
and execution, and do and suffer all other matters and things 
which bodies politic may or ought to suffer and do ; and said 
corporation shall have full power to make and use a common seal, 
and the same to break, alter and renew at pleasure. 

Sect. 2. Be it further enacted. That said corporation be, Establishment 
and they hereby are authorized to establish and support a ferry and support of 
across Accushnett river, in the county of Bristol, from the east- 
erly termination of Union street in New Bedford, or from some 
point south of said street, to the shore of the village of Fairhaven. 

Sect. 3. Be it further enacted. That said corporation shall Accommoda- 
be held liable to afford all necessary and proper accommodation, t'o" of passen- 

. ■'r.r . ' grers by said 

and give due attendance to all persons having occasion to pass ferry, 
said river by the said ferry. 

Sect. 4. Be it further enacted, That either of the persons pirst meeting, 
named in this act is authorized to call the first meeting of said cor- officers and 
poration, by causing notice thereof to be published in one of the 
newspapers printed in New Bedford, at least seven days previous 
to the time of holding said meeting, and the said proprietors, at 
the same, or any subsequent meeting, may elect such officers as 
to them may seem proper, and may make and establish any by- 
laws, rules and regulations, not repugnant to the constitution and 
laws of this Commonwealth, that shall be necessary or conven- 
ient for regulating said corporation, and for effecting, completing 
and executing the purposes aforesaid, and for collecting the toll 
herein after granted, and the same by-laws, rules and regulations 
may cause to be kept and executed ; or for the breach thereof, 
may order and enjoin fines and penalties not exceeding twenty 
dollars. 

Sect. 5. Be it further enacted, That the same toll be, Tolls. 
and hereby is granted, for the benefit of said proprietors, as was 



244 



1832.- 



-Chap. 108—110. 



1796 ch. 19. 
(v. 2. p. 90.) 



Chap 109. 



Persons incor- 
porated. 



Company may 
deepen pond, 
and open chan- 
nel; &.C. 



Wharfage and 
dockage. 



Real and per- 
sonal estate. 



granted to the proprietors of New Bedford bridge, by an act 
passed on the seventeenth day of June, in the year of our Lord 
one thousand seven hundred and ninety-six. [March 8, 1832.] 

A.n Act to incorporate the Salt Water Pond Company in Harwich. 

Sect. 1. ^jG it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That Theophilus Burgess, Jeremiah Walker, Obed 
Brooks, Barnabas Ellis, and Ezra Nickerson, their associates, 
successors and assigns, be, and they hereby are made a corpora- 
tion, by the name of the Salt Water Pond Company, for the pur- 
pose of constructing a harbor for vessels and boats in Salt Water 
Pond in the town of Harwich, and by their corporate name, shall 
sue and be sued, plead and be in)pleaded, may have a common 
seal, which they may alter at pleasure, and shall have power to 
appoint all such officers, and to make all such by-laws and regu- 
lations, as shall be necessary for the management of their con- 
cerns : provided, that the same be not inconsistent with the laws 
of this Commonwealth. 

Sect. 2. Be it further enacted, That the said company 
shall have power to deepen said pond, and to open and maintain 
a suitable channel from the same into the sea or bay adjoining the 
same, also to erect and keep in repair all such wharves or piers as 
may be convenient for the use of said harbor. 

Sect. 3. Be it further enacted. That said company shall 
have power to demand and recover of any person or vessel using 
or improving the said harbor,' or any of its appendages, such 
compensation as wharfage, dockage or rent, as the said company 
shall, by their by-laws, establish and determine. 

Sect. 4. Be it further enacted. That the said company may 
hold real estate, not exceeding in value the sum of fifty thousand 
dollars, and personal estate, not exceeding in value the sum of 
ten thousand dollars, as may be necessary and convenient to carry 
into effect the objects of this act, and either of the persons named 
in this act may call the first meeting of said company, by giving 
ten days previous notice of the time, place and objects of said 
meeting. [March 9, 1832.] 



Chap no. 

1824 ch. 151. 
1830 ch. 53. 

Increase of cap- 
ital. 



Additional 
stock subject to 
tax, &c. 



An Act to increase the capital stock of the Danvers Bank. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That the president, directors, and company of the 
Danvers Bank, be, and hereby are authorized and empower- 
ed to increase their capital stock, by an addition of thirty 
thousand dollars thereto, in shares of one hundred dollars each, 
which shall be paid in such instalments, and at such times, 
as the president and directors of said bank may direct and deter- 
mine : provided, however, that the whole amount shall be paid 
in, on or before the first day of October next. 

Sect. 2. Be it further enacted. That the additional stock 
aforesaid shall be subject to the like tax, regulations, restrictions 



1832. Chap. 110—112. 245 

and provisions, to which the present capital stock of said corpo- 
ration is now subject. 

Sect. 3. Be it further enacted, That, before said corpo- Certificate, 
ration shall proceed to do business upon said additional capital, 
a certificate, signed by the president and directors, and attested 
by the cashier, that the same has been actually paid into said 
bank, shall be returned into the office of the secretary of this 
Commonwealth. [JVIarch 9, 1832.] 

An Act to increase the capital stock of the Dedham Bank. f^hntl 111 

Sect. 1. BE it enacted by the Senate and House of Repre- i8i3c^i75 
sentatives, in General Court assembled^ and by the authority of 1814 eh. 147. 
the same, That the president, directors and company of the Ded- Jg^g ^[]' jg^ 
ham Bank be, and hereby are authorized and empowered to 1830 ch. 58. 
increase their present capital stock, by an addition of fifty increase of cap- 
thousand dollars thereto, in shares of one hundred dollars each, 'tal stock, 
which shall be paid in such instalments, and at such times as the 
president and directors of said bank may direct and determine : 
provided, however, that the whole amount shall be paid in, on or 
before the first day of October next. 

Sect. 2. Be it further enacted. That the additional stock Additional 
aforesaid shall be subject to the like tax, regulations, restrictions s'ock subject to 
and provisions, to which the present capital stock of said corpo- 
ration is now subject. 

Sect. 3. Be it further enacted. That before said corpora- Certificate, 
tion shall proceed to do business upon said additional capital, a 
certificate, signed by the president and directors, and attested by 
the cashier, that the same has been actually paid into said bank, 
shall be returned into the office of the secretary of this Common- 
wealth. [March 9, 1832.] 

An Act in addition to an Act, entitled "An Act to establish a fund for the support of f^h.^^^ l 1 C> 
the Gospel Ministry, in the First Parish in the town of Groton, in the county of Mid- v^"^/' i !/&•• 
dlesex, and to appoint Trustees for the management thereof" 1803 ch. 86. 

Sect. 1. BE it enacted by the Senate and House of Repre- ^^-^ h l'^'^ 
sentatives, in General Court assembled, and by the authority of 
the same, That the Trustees of the Groton Ministerial Fund Trustees of the 
shall hereafter consist of five persons, to wit : three persons to be Groton mmiste- 
annually elected by ballot for that purpose, by the legal voters of 
the first parish in said Groton, at their annual meeting in March 
or April, and the treasurer of said parish, and the junior deacon, 
by age, of the church in said parish ; and they shall perform all 
the duties, and be subject to all the liabilities mentioned in the 
act to which this is in addition. And to the end that said corpo- 
ration shall always consist of five persons, the three persons to 
be chosen as above mentioned, shall never include either said par- 
ish treasurer or junior deacon ; and if, at any time, said junior 
deacon shall be chosen parish treasurer, the next junior deacon, 
by age, shall be one of said trustees : provided, however, that the 
persons who are or may be trustees, by the act to which this is 
in addition, shall continue so to be, until said parish shall have 
elected three persons as aforesaid, and no longer. 



246 1832. Chap. 112—113. 

Repeal. Sect. 2. Be it further enacted, That so much of the first 

section of the act to which this is in addition, as is inconsistent 
with this act, be, and the same is hereby repealed. [Alarch 9, 
1832.] 

f^hnrt lis ■^" •'^^■'^ '° incorporate the Unitarian Society at Fall River in the town of Tro)'. 

* Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
Persons incor- ^hc same, That Bradford Durfee, John S. Cotton, John Eddy, 
porated. William H. Hawkins, Holder Borden, Harris Gurney, Thomas 

D. Chaloner, Ebenezer Andrews, Joseph Gooding, Daniel Goss, 
Foster Hooper, Robert N. Lawton, Samuel L. Thaxter, Wil- 
liam Newhall, James Ford, and Hezekiah Battelle, together with 
such others as already have or may hereafter associate with them, 
and their successors and assigns, be, and they are hereby incor- 
porated as a religious society, by the name of the Unitarian So- 
ciety at Fall River in the town of Troy ; with all the povi^ers, 
privileges and immunities to which other religious societies are en- 
titled by the constitution and laws of this Commonwealth. 
Real and per- Sect. 2. Be itfurther enacted. That the said society may pur- 
sonai estate. chase, hold and dispose of estate, real, personal and mixed, the 
annual income of which, exclusive of their meeting-house, shall 
not at any time exceed two thousand dollars. 
Assessments on Sect. 3. Be it further enacted, That said society may as- 
pews. gggg upon the pews in any meeting-house which they may erect 

or purchase, according to a valuation of said pews which shall 
be agreed upon by said society previous to any sale thereof, 
such sums of money as shall hereafter be voted to be raised by 
said society for the support of public worship, the repairing of 
their meeting-house, and for other purposes incident to the au- 
thority given by this act, and all assessments upon the pews as 
aforesaid may be collected by the treasurer of said society, in 
1817 ch. 189.] the manner provided by an " act authorizing the proprietors of 
churches, meeting-houses and other houses of public worship to 
regulate and manage their property and interests therein," pass- 
ed the twenty-fourth day of February in the year of our Lord 
one thousand eight hundred and eighteen. 
Right of voting. Sect. 4. Bp. it further enacted, That any owner of a pew 
or pews in the meeting-house of said society shall be entitled, at 
all meetings of said society held for the purpose of raising mo- 
ney by assessments upon pews as aforesaid, to one vote for each 
pew he shall own in their meeting-house. 
General povv- Sect. 5. Bc it further enacted. That said society may sue 
and be sued by their corporate name, may have a common 
seal, and may by ballot elect a moderator, clerk and treasurer, 
and such other officers and make and establish such by-laws, 
rules and regulations as to them may seem necessary and con- 
venient for the government of said society, and the management 
of their affairs : provided, the same are not repugnant to the 
constitution and laws of this Commonwealth. 



ers. 



1832. Chap. 113—114. 247 

Sect. 6. Be it further enacted, That the stock of said cor- shares and as- 
poration shall be divided into not less than one hundred, nor more sessments 
than two hundred and fifty shares, upon which the said society 
rnay impose all necessary assessments : provided that the amount 
of all such assessments shall never exceed the sum of sixty dol- 
lars on each of said shares, unless the same shall be made and 
imposed by the consent in writing of all the stockholders ; a cer- 
tificate whereof, by them signed, shall be recorded by the clerk 
of said society. And in all meetings of said society, each stock- 
holder shall be entitled to one vote for each share by him own- 
ed, and may vote in person or by proxy. 

Sect. 7. Be it further enacted, That whenever any stock- Negligence in 
holder shall ne2;lect or refuse to pay to the treasurer of said soci- P^>''"S assess- 

1 11 11-1 I -1 menls. 

ety any assessments legally made upon his share or shares, with- 
in sixty days after the same shall be made payable, the treasurer 
may sell at public auction the share or shares of such delinquent 
stockholder, after publishing notice of the tin:»e, place, and cause 
of sale in a newspaper printed in said Troy two successive weeks 
previous to such sale, and upon such sale may execute and de- 
liver a deed or deeds thereof to the purchaser ; or the said 
treasurer may, in his own name, sue and prosecute to final judg- 
ment and execution, any such delinquent stockholder. And in 
case of any such sale of a share or shares as aforesaid, the trea- 
surer shall, after deducting the assessment due thereon, and the 
expenses of sale and collection, pay over the balance, if any, to 
the delinquent stockholder on demand. 

Sect. 8. Be it further enacted. That any three of the per- First meeting, 
sons named in this act may call the first meeting of said society 
by publishing a notice of the time and place for holding the same 
in the Fall River Monitor, two successive weeks previous there- 
to ; and the future meetings of said society may be called in such 
manner, and at such times and places, as said society shall here- 
after direct. [March 9. 1832.] 

An Act to incorporate ttie President, Directors and Company of the Bank of Brighton, (JJinr) 1 1 A 
in the town of Brighton. " 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same. That Edward Sparhawk, Convers Francis, Amos Persons incor- 
Thwing, Benjamin Holton, Samuel Brooks, Stephen H. Ben- P°'"a'ed. 
net, and Stutly Burlingame, their associates, successors and as- 
signs, shall be, and they hereby are created a corporation, by the 
name of the President, Directors and Company of the Bank of 
Brighton, and shall so continue until the first day of October, 
which shall be in the year of our Lord one thousand eight hun- 
dred and fifty-one ; and shall be entitled to all the powers and Powers anddu- 
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, entitled "an act to regulate banks and bank- isssch. 9G. 
ing," and to the further provisions contained in an act passed the 
twenty-eighth day of February, in the year of our Lord one 



248 



1832.- 



-Chap. 114—116. 



1830 ch. 58. 



Transfer of 
stock. 



Capital stock. 
[Capital in- 
creased, 1836 
ch. 93.] 



Location. 



CliapWB. 



Persons incor- 
porated. 



Real and per- 
sonal estate. 



Shares. 



First meeting. 



ChapU6. 



County of Mid- 
dlesex exempt- 
ed from keep- 
ing bridge in 
repair. 



thousand eight hundred and thirty-one, entitled "an act to con- 
tinue the banking corporations therein named, and for other 
purposes." 

Sect. 2. Be it further enacted, That the stock in said 
bank shall be transferable only at its banking-house and in its 
books, and no part thereof shall be transferred by way of security 
for the performance of any obligation whatsoever, until two years 
from the payment of the first instalment into said bank. 

Sect. 3. Be it further enacted, That the capital stock of 
said corporation shall consist of the sum of one hundred and fifty 
thousand dollars, to be divided into shares of one hundred dollars 
each, to be paid in such instalments, and at such times, as the 
stockholders may direct : provided, the whole be paid in, within 
one year from the passing of this act. 

Sect. 4. Be it further enacted, That the said bank shall be 
established in the town of Brighton, and that any three of the 
persons before named shall be authorized to call the first meeting 
of said corporation, by advertising the same in any newspaper 
published in the city of Boston, ten days at least before said 
meeting. [March 9, 1832.] Add. act, 1836 ch. 93. 

An Act to incorporate the Proprietors of the Worcester Female Academy. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same. That Abijah Bigelow, John Davis, Pliny Merrick, 
Alfred D. Foster, Benjamin Butman, Simeon Burt, George T. 
Rice, Thomas Kinnicutt, Isaac Davis, and Rejoice Newton, 
and such as may associate with them, their successors and as- 
signs, be, and they hereby are made a body corporate, by the 
name of the Proprietors of the Worcester Female x\cademy, to 
continue for the term of fifteen years, with the right to hold real 
estate, in the town of Worcester, of the value of eight thousand 
dollars, and personal estate of the value of ten thousand dollars, 
and the same to sell, transfer and convey, with power to choose 
all proper officers, and to make all needful by-laws not inconsis- 
tent with the laws and constitution of this Commonwealth. 

Sect. 2. Be it further enacted, That the property of said 
proprietors shall be divided into twenty shares, and each propri- 
etor shall have a right to as many votes as he owns shares, and 
that said shares shall not be liable to assessment. 

Sect. 3. Be it further enacted. That the said Thomas 
Kinnicutt is authorized to call the first meeting of said proprie- 
tors, by advertising eight days before said meeting, in any news- 
paper printed in Worcester. [March 10, 1832.] 

An Act to exempt the County of Middlesex from maintaining and keeping in repair a 
Bridge in the town of INewton. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same^ That, from and after the passing of this act, the 
county of Middlesex shall be exempted from all liability of main- 
taining and keeping in repair the bridge in Newton, across the 



1832. Chap. 116— 119. 249 

stream which is the boundary between the towns of Newton and 
Needham, any law, custom or usage to the contrary notwith- 
standing. 

Sect. 2. Be it further enacted, That the said town of Newton shall 
Newton, in which said bridge is situated, shall hereafter be brkige^lfrepair. 
obliged to maintain and keep in repair the same, in the same 
manner as towns are required by law to build, maintain and keep 
in repair town bridges. [JWarch 10, 1832.] 

An Act to authorize Central Bridge Corporation to reduce and compound their Tolls, (^tlttp 117. 

BE it enacted by the Senate and House of Representatives, in General Court assem- jgg^ pjj_ jjq_ 
bled, and by the authority of the same. That the Central Bridge Corporation shall have 

power and authority to reduce the tolls which are granted by their act of incorporation, Corporation 

and to compound the same in all cases in which the said corporation may deem it ex- may compound 

pedient for their own benefit and the public convenience, [il/a/r/i 10, 1832.] Re- tolls, 
pealed, 1833 ch. 218. 

An Act in addition to an Act to incorporate the Central Mills. CfltXp 118. 

Sect. 1. BE it enacted by the Senate and House of Repre- i827ch. loi. 
sentatives, in General Court assembled, and by the authority of 
the same, That the act to incorporate the Central Mills, passed Revival and 
on the eighth day of March, one thousand eight hundred and ac"of"incor^po- 
twenty-eight, be, and the same is hereby revived and continued ration, 
in force, in as full and perfect a manner as if the conditions con- 
tained in the fourth section of the act to which this is in addition 
had been complied with. 

Sect. 2. Be it further enacted, That if said corporation do Conditions of 
not perform, or cause to be performed, all the acts mentioned in 
the said fourth section of the act before mentioned, within three 
years from the passing of this act, then this act, and the act to 
which this is in addition, shall be void and of no effect. [JWarch 
10, 1832.] 

An Act in addition to '-'An Act to incorporate the President, Directors and Company (JfidJ) 119. 
of the iVIendon Bank." -f^ 

BE it enacted by the Senate and House of Representatives, 1324 ch! 142. 
in General Court assembled, and by the authority of the same, 1830 ch. 58. 
That, from and after the first day of May next, the bills of the Payment of the 
Mendon Bank shall be paid and redeemed at the Commercial Mendon Bank. 
Bank, in Boston, and not elsewhere : provided, that notice of 
the change of the place of paying and redeeming said bills, shall 
be published three weeks successively, before the said first day 
of May next, in some newspaper in the county of Worcester, 
and in two daily newspapers in the city of Boston, and upon a 
delay or refusal to pay said bills, in gold or silver, in the usual 
banking hours, at the said Commercial Bank, the sarne remedies 
shall be had against, and the same penalties incurred by the 
President, Directors and Company of the Mendon Bank, and the 
stockholders in said bank, as are provided by law in the case of 
a delay or refusal to pay or redeem said bills at the banking-house 
of said corporation in Mendon. [March 10, 1832.] 

VOL. VII. 32 



250 



1832. 



•Chap. 120—121. 



Chap no. 

1815 ch. 119. 
1819 ch. 133. 
1822 ch. 38. 
1829 eh. 55. 
1832 ch. 44. 

Destruction of 
shad and ale- 
wives in Taun- 
ton Great river 

Forfeiture in 
case of offence. 



Chap 121, 



Persons incor- 
porated. 



Powers and du- 
ties. 



1828 ch. 96. 



1830 ch. 58. 



Transfer of 
stock. 



Capital stock. 

[Capital in- 
creased, 1836 
ch. 86.] 



Location. 



An Act in further addition to an Act regulating the Fishery in Taunton Great River. 

Sect. 1 . BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
same, That, from and after the passing of this act, it shall not be 
lawful for any person or persons to catch or destroy shad or ale- 
wives with scoop nets, or with any other instrument, or by any 
other means whatsoever, within one hundred rods of the dam 
across Taunton Great river, near Kingsbridge. 

Sect. 2. Be it further enacted. That, if any person or per- 
sons shall, at any time, catch or destroy shad or alewives at, or 
within, the distance of one hundied rods from said dam, he or 
they shall forfeit and pay a sum not exceeding twenty dollars, nor 
less than five dollars, for every such offence, to be recovered by 
indictment, complaint, or action of debt, in any court proper to 
try the same, to the use of him who shall prosecute and sue for 
the same : provided, however, that the penalty herein provided 
shall not be construed to apply to fishing with, or setting a seine, 
within that distance of said dam, for which a different penalty is 
by law provided. [March 10, L832.] 

An Act to incorporate the President, Directors and Company of the Wrenlham Bank, 
in Wrentham. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the author- 
ity of the same. That David Fisher, Philo Sanford, Robert 
Blake, Samuel Bugbee, Benjamin Shepard, Jr., Oliver Felt, 
Benjamin H. Fales and Enoch Brown, their associates, succes- 
sors and assigns, shall be, and they hereby are created a corpo- 
ration, by the name of- the President, Directors and Company 
of the Wrentham Bank, and shall so continue until the first day 
of October, which will be in the year of our Lord one thousand 
eight hundred and fifty-one, and 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, entitled " an act to regulate banks and banking," 
and to the further provisions contained in an act, passed the 
twenty-eighth day of February, in the year of our Lord one thou- 
sand eight hundred and thirty-one, entitled " an act to continue 
the banking corporations therein named, and for other purposes." 

Sect. 2. Be it further enacted. That the stock in said 
bank shall be transferable only at its banking house, and in its 
books, and no part thereof shall be transferred by way of security 
for the performance of any obligation whatsoever, until two years 
from the payment of the first instalment into said bank. 

Sect. 3. Be it further enacted. That the capital stock of 
said corporation shall consist of the sum of one hundred thou- 
sand dollars, to be divided into shares of one hundred dollars 
each, to be paid in such instalments, and at such times, as the 
stockholders may direct : provided, the whole .be paid in, within 
one year from the passing of this act. 

Sect. 4. Be it further enacted. That the said bank shall 



1832. Chap. 121—123. 251 

be established at Wrentham, in the county of Norfolk, and that 
any one of the persons before named shall be authorized to call 
the first meeting of said corporation, by advertising the same in 
any newspaper published in said county ten days at least before 
said meeting. [March 10, 1832.] Add. act, 1836 ch. 86. 

An Act in addition to " An Act to establish the Hingham and Quincy Bridge and f^kff^ 1 C)C) 
Turnpike Corporation." ^IVUJJ 1^^. 

Sect. 1. BE it enacted by the Senate and House of Repre- {gii ch'i^ld 
sentatives, in General Court assembled, and by the authority of 
the same, That it shall be the duty of the Hingham and Quincy Corporation 
Bridge and Turnpike Corporation, to hoist the draws of their shall hoist their 
bridges, on a signal or other notice being given by masters of ' 
vessels who may be desirous of passing through the same ; to 
place suitable buoys in the rivers above and below each of said 
bridges, and there keep the same, or to lengthen the piers 
thereof, as an agent herein after provided for, shall decide to 
be most proper, and to furnish all the facilities for the passage 
of vessels through the draws of said bridges, which have here- 
tofore been afforded by said corporation, without fee or reward. 

Sect. 2. Be it further enacted, That his excellency the piers and 
governor, by and with the advice and consent of the council, is here- '^""ys- 
by authorized to appoint an agent to view said bridges and riv- 
ers, and to determine whether suitable buoys shall be placed 
and kept in the rivers above and below said bridges, or whether 
the piers thereof shall be lengthened, to facilitate the passage of 
vessels through the draws ; and, if said agent shall determine 
that suitable buoys shall be placed in said rivers, he shall desig- 
nate the places where they shall be fixed ; or, if he shall deter- 
mine that, instead thereof, the piers shall be lengthened, he shall 
determine how much they shall be lengthened for the purposes 
aforesaid, and the manner of constructing the same. 

Sect. 3. Be it further enacted. That, from and after the Whenprovis- 
time when said buoys shall be placed in the rivers aforesaid, or 'Jctlhalfbe*^'^ 
the piers of the bridges lengthened as before provided for, the void, 
provisions of the eighth section of the act to which this act is in 
addition, shall be null and void. 

Sect. 4. Be it further enacted, That the expenses of the Expenses, 
agent aforesaid, incurred by virtue of his employment, under the 
provisions of this act, shall be paid by said corporation. [March 
12, 1832.] 

An Act in addition to •' An Act to incorporate the Episcopal Church of St. Thomas f^ltn/n T <'?^ 
in Taunton." Kyfiap 1 Z,0. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That the second, third, fourth, fifth, sixth and seventh Repeal, 
sections of the act, to which this is in addition, be and the same 
hereby are repealed. 

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

at any legal meeting, held for the purpose, shall have power to estate, 
authorize the wardens of said church to transfer and convey all, or 



252 



1832.- 



-Chap. 123—124. 



any part of the real or personal estate which said corporation 
now possesses or may hereafter acquire or possess, and to exe- 
cute good and sufficient deeds to convey the same, in fee sim- 
ple, or in any other manner, and for such consideration as the 
said corporation at such meeting shall by vote determine. 
Confirmation of Sect. 3. Be it further enacted, That the proceedings and 
thedomgsof doinsis of Said corporation, at their several meetings heretofore 

said corpora- ^ r ' o _ 

tion. held, be and the same are hereby confirmed and made valid in 

law in all respects, notwithstanding any irregularity that may 
have occurred in the manner of notifying or calling said meet- 
ings. [March 12, 1832.] 



Chapl24>. 



Names chang:- 
ed. ^ 

Suffolk. 



Essex. 



An Act to change the names of the persons therein mentioned, 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, 
That Webber Ricker, of Boston, may take the name of George 
Webber Ricker ; that Orlando White, minor, son of Charles 
S. White, of Boston, may lake the name of Henry Kirk 
White ; that Sampson Wilder Thurston, of Boston, may take 
the name of Wilder Stoddard Thurston ; that Petro Papa- 
thakes, of Boston, may take the name of Peter Patterson ; that 
William McManagil, of Boston, may take the name of William 
Pinkerton McKay ; that John McManagle, of Boston, may 
take the name of John McKay ; that Elizabeth McManagle, 
wife of the said John McManagle, may take the name of Eliza- 
beth McKay ; and that Mary Ann McManagle, daughter of the 
said John McManagle, may take the name of Mary Ann Mc- 
Kay ; and that his son John Pinkerton McManagle, may take 
the name of John Pinkerton McKay ; that Rebecca Waitt, of 
Chelsea, may take the name of Ann Rebecca Waitt ; that Thom- 
as James Prince, of Boston, may take the name of James 
Prince ; that Lucius Augustus Hoar, of Boston, may take the 
name of Lucius Augustus Horr ; that William Smith, of Bos- 
ton, may take the name of William Otis Smith ; that Blowers 
Danforth, of Boston, may take the name of Bowers Danforth ; 
that Thomas Goddard, son of James Goddard, of Boston, may 
take the name of Thomas Austin Goddard ; that Nathaniel 
Thayer, minor, son of Susan F. Thayer, of Boston, may take- 
the name of Nathaniel Frederick Thayer ; that Andrew Has- 
kell, of Boston, may take the name of Andrew W. Haskell ; 
that William Eckley, minor, son of David Eckley, of Boston, 
may take the name of William Havard Eliot Eckley ; that Rob- 
ert Lapish, of Boston, may take the name of Robert Hardison 
Dalton ; that James Lloyd Borland, son of John Borland, of 
Boston, may take the name of James Lloyd ; that William 
Richardson, of Boston, may take the name of William Horatio 
Richardson ; — all of the county of Suffolk. That Elizabeth Wen- 
dell, of Salem, may take the name of Mary Elizabeth Wen- 
dell : that Samuel Becket Kehew, of Salem, may take the 
name of Samuel K. Appleton ; that Elhanan Winchester 
Knight, of Salisbury, may take the name of Winchester Knight ; 



1832. Chap. 124. 253 

that Josiah Cooper, of Newburyport, may take the name of 
Henry Franklin Benton ; that Caroline Chase, of Newburyport, 
may take the name of Caroline Boardman Chase ; that Harriet 
Chase, of Newburyport, may take the name of Harriet Augusta 
Chase ; that Peter Augustus Kimball, of Ipswich, may take the 
name of Augustine Phillips Kimball ; that William Micklefield, 
jr., minor, son of Mary Magrath, of Salem, may take the name 
of Thomas Morris ; that Daniel Putnam, jr., and William Put- 
nam, second, sons of Daniel Putnam, Esquire, of Danvei's, may 
severally take the name of Daniel Franklin Putnam and William 
Richardson Putnam ; that Timothy Dow Plumer, minor, son of 
Nathan Plumer, of Newburyport, may take the name of Charles 
Henry Plumer ; that Helen Elizabeth Cook, and that Joseph 
Augustus Edwin Long Cook, minor children of John Cook, jr., 
of Newburyport, may take the respective names of Helen Mar 
Cook and Joseph Augustus Cook ; that Pedro Blasina, of Bev- 
erly, may take the name of Edward Harrington ; that Margaret 
Welman McMillan, of Salem, may take the name of Margaret 
Ann Maskall ; that Cynthia Clarinda Dennis Young, minor, 
daughter of Levi Young, of Ipswich, may take the name of 
Cynthia Clarinda Young ; that Nathaniel Rogers Lane, of 
Gloucester, may take the name of Fitz Henry Lane ; that 
Daniel Jackson Doggett, of Ipswich, may take the name of 
Daniel Jackson Akerman ; that Lucy Lord Doggett, wife of the 
said Daniel Jackson Doggett, may take the name of Lucy Lord 
Akerman ; that Joseph L. Doggett may take the name of Jo- 
seph Lord Akerman ; that Sarah L. Doggett may take the name 
of Sarah Lord Akerman ; that Lucy M. Doggett may take the 
name of Lucy Maria Akerman ; that Susan L. Doggett may 
take the name of Susan Lord Akerman ; and that Walter P. 
Doggett may take the name of Walter Phillips Akerman — the 
five above last named persons are minor children of the said 
Daniel Jackson Doggett ; that Daniel Wardwell, the third, of 
Andover, Mehitable Putnam Wardwell, wife of the said Daniel, 
that Susan Putnam Wardwell, minor daughter of the said Daniel 
Wardwell, may each respectively take the surname of Daven- 
port, instead of Wardwell ; that Morris Hern, of Rowley, may 
take the name of Morris Hersey ; that Joseph Wormwood, of 
Lynn, that Susan Wormwood, wife of the said Joseph, and that 
Eliza Ellen Wormwood, daughter of the said Joseph, may each 
respectively take the surname of Everett, instead of Worm- 
wood ; — all of the county of Essex. That Charles Carter, Worcester, 
minor son of Jacob Carter, of Leominster, may take the name 
of Charles Augustus Carter ; that Stillman Hoar, of Sterling, 
may take the name of Stillman Haven ; that Hannah Ward 
Hoar, wife of the said Stillman Hoar, may take the name of 
Hannah Ward Haven ; that Oscar Dexter and Ward Knowlton, 
minor sons of said Stillman Hoar, may severally take the sur- 
name of Haven ; that Jonathan Fairbanks, of Leominster, may 
take the name of Henry Fairbanks ; that Samuel Granger, of 
New Braintree, may take the name of Edwin Granger ; that 



254 



1832.- 



-Chap. 124. 



Middlesex. 



Norfolk. 



Barnstable. 



Berkshire. 



Thomas Lawrence, second, of Leominster, may take the name 
of Thomas Edmunds ; that John Babcock, of Fitchburg, may 
take the name of John B. Marshall ; that Nathaniel Bradford, of 
Fitchburg, may take the name of Gustavus Lyman ; that Ann 
Maria Keyes, of Ashburnham, may take the the name of Almira 
Keyes ; that Thomas Woodbury Gaffield, of Grafton, may take 
the name of George Woodbury Hale ; that Oliver Goodridge, 
of Lunenburgh, may take the name of Oliver Newton Goodrich ; 
that Abel Murdock, jr., of Leominster, may take the name of 
Thomas A. Murdock; that William Meriam, jr., of Ashburn- 
ham, may take the name of William Sanborn Meriam ; that 
Nabby Willis, of Charlton, may take the name of Abigail Ellis 
Willis ; that Mary L. B. Wis wall, of Westminster, may take 
the name of Mary Lyman ; that Sarah Crouch, of Bolton, may 
take the name of Sarali Alvira Nelson ; that Jefferson Beers, of 
Spencer, may take the name of Edward Beman ; that Samuel 
Bullen, of Charlton, may take the name of Samuel Boyden ; 
and that Adams S. Bullen, of said Charlton, may take the name 
of Adams Boyden ; — all of the county of Worcester. That 
Moses C. Danforth, of Lowell, and that Pamelia Danforth, wife 
of the said Moses C. Danforth, may severally take the surname 
of Monroe, instead of Danforth ; that John Henry Blasker, of 
Lowell, may take the name of John Henry Blake ; that James 
Nichols, jr., of Reading, may take the name of James Churchill 
Nichols ; that Vashti Brigam Barns, of Reading, may take the 
name of Mary Jane Barns ; that Haslet Managle, of Marlboro', 
may take the name of Haslet McKay ; that Nancy McManagle, 
wife of the said Haslet, that Ann, his daughter, and that William 
Pinkerton, his son, may respectively take the surname of 
McKay, instead of McManagle ; that Ephraim Littlefield, of 
Holliston, minor, son of Oliver P. Littlefield, deceased, may 
take the name of Ephraim Oliver Prescott Littlefield ; that Ben- 
jamin Thompson, of Charleslown, may take the name of Benja- 
min Lowell Thompson ; that Samuel Matticks Ellen Kittle, of 
Townsend, may take the name of William Matticks Rogers ; 
that James Kidder, minor child of James Kidder, junior, of 
Watertown, may take the name of James Hosmer Kidder ; that 
Jason Chamberlain Smith, of Holliston, may take the name of 
Jason Smith ; that Anna Damon, of Reading, may take the 
name of Anna Pratt ; — all of the county of Middlesex. That 
Isaac Mahtoa Wansongthi Adams, of Brookline, may take the 
name of Isaac Mahtra Wansongthi Adams ; that Franklin Oakes, 
of Cohasset, minor son of Levi Oakes, may take the name of 
Benjamin Franklin Oakes ; that Martin Spear, of Dedham, may 
take the name of Henry Forister Spear ; — all of the county of 
Norfolk. That Anna Mayo, of Eastham, may take the name of 
Anna Doane Mayo ; that Lucy Knowles, of Eastham, may take 
the name of Lucy Harding Knowles ; that Thankful Hallet 
Bray, of Yarmouth, may take the name of Susan Augusta Bray ; 
— all of the county of Barnstable. That Ignatious Loring, of 
Great Barrington, may take the name of Almon Ignatious Lo- 



1832. Chap. 124—125. 255 

ring ; that Grosvenor Curtis, of Egremont, may take the name 
of Harvey Grosvenor Curtis ; — both in the county of Berkshire. 
That John Foster, jr., of Scituate, may take the name cf John Plymouth. 
Hatherly Foster ; — of the county of Plymouth. That Calvin Hampshire. 
Hoar, of Northampton ; that Phebe Hoar, wife of the said Cal- 
vin ; that William Patric and Samuel Johnson, children of the 
said Calvin, may each respectively take the surname of Hoyt, 
instead of Hoar ; — all of the county of Hampshire. That Eli- Franklin, 
sha Hunt, of Northfield, in the county of Franklin, may take the 
name of Elisha Watriss Hunt. That Martha Leavett Mayhew, Duke's County. 
an adopted daughter of Leavett Thaxter, of Edgartown, in the 
county of Dukes' county, may take the name of Martha Leavett 
Thaxter. That Nancy S. Covell, of New Bedford, may take the B"sto'- 
name of Nancy S. Blackmere ; that Abigail GifFord, daughter of 
John GifFord, of Westport, may take the name of Abby Giffbrd ; 
that Isaac Hathaway, of New Bedford, may take the name of 
Isaac Franklin Hathaway ; — all in the county of Bristol. And 
the several persons herein mentioned are hereby allowed to take 
and hereafter be known by the respective names which by this 
act they severally are authorized to assume. [March 13, 1832.] 

An Act to incorporate the President, Directors and Company of the Charlestown CJJin'n\'2,^. 
Bank in Charlestown. -f^ 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same, That Hamilton Davidson, John M. Fiske, Abijah Persons incor- 
Goodridge, Paul Willard, Nathan Lynde, Arthur W. Austin, P"""^'^''- 
John Cheever, Samuel Poor, and Edward Hearsey, their asso- 
ciates, successors and assigns, shall be, and they hereby are 
created a corporation, by the name of the President, Direct- 
ors and Company of the Charlestown Bank, and shall so con- 
tinue until the first day of October, which shall be in the year of 
our Lord one thousand eight hundred and fifty-one, and said 
corporation shall be entitled to all the powers and privileges, and Powers and du- 
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 hundred and twenty-nine, 
entitled "an act to regulate banks and banking," and the fur- 1828 ch. 96. 
ther provisions contained in an act passed on the twenty-eighth 
day of February, in the year of our Lord one thousand eight hun- 
dred and thirty-one, entitled "an act to continue the banking cor- 1830 ch. 58. 
porations therein named, and for other purposes." 

Sect. 2. Be it further enacted, That the stock in said bank Transfer of 
shall be transferable only at its banking house, and in its books, 
and no part thereof shall be transferred by way of security for the 
performance of any obligation whatsoever, until two years from 
the payment of the first instalment into said bank. 

Sect. 3. Be it further enacted, That the capital stock of <=^^P"^i ^''"=''- 
said corporation shall consist of one hundred and fifty thou- 
sand dollars, to be divided into shares of one hundred dollars 
each, to be paid in such instalments, and at such times, as the 



256 



1832.- 



-Chap. 125—127. 



Location. 



Chap 126. 



Persons incor- 
poiated. 



Powers and du- 
ties. 



1828 ch. 96. 



1830 ch. 58. 



Transfer of 
slock. 



Capital stock. 
[Capital in- 
creased, 1836 
ch. 107.] 



Location. 



Chap\21. 



Persons incor- 
porated. 



Stockholders may direct : provided, that the whole be paid within 
one year from the passing of tiiis act. 

Sect. 4. Be it further enacted, That the said bank shall be 
established in the town of Charlestown, and that any one of the 
persons herein named shall be authorized to call the first meeting 
of said corporation by advertising the same in any newspaper 
printed in the town of Charlestown, or in the city of Boston, ten 
days at least before said meeting. [March 13, 1832.] 

An Act to incorporate the President, Directors and Company of the Phoenix Bank, in 
Charlestown. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same. That Nathan Pratt, Charles Thompson, William Gor- 
don, Eliab P. Maclntire,and Jonathan Bridge, their associates, 
successors and assigns, shall be, and they hereby are created a 
corporation, by the name of the President, Directors and Com- 
pany of the Phoenix Bank, and shall so continue until the first day 
of October, which shall be in the year of our Lord one thousand 
eight hundred and fifty-one ; and shall be entitled to all the pow- 
ers and privileges, and subject to all the duties, liabilities and re- 
quirements, contained in an act passed the twenty-eighth day of 
February, in the year of our Lord one thousand eight hundred 
and twenty-nine, entided "an act to regulate banks and banking," 
and the further provisions contained in an act passed the twenty- 
eighth day of February, in the year of our Lord one thousand 
eight hundred and thirty-one, entitled "an act to continue the 
banking corporations therein named, and for other purposes." 

Sect. 2. Be it further enacted, That the stock in said bank 
shall be transferable only at its banking-house, and in its books, 
and no part thereof shall be transferred by way of security for the 
performance of any obligation whatsoever, until two years from 
the payment of the first instalment into said bank. 

Sect. 3. Be it further enacted, That the capital stock of 
said corporation shall consist of one hundred and fifty thou- 
sand dollars, to be divided into shares of one hundred dollars 
each, to be paid in such instalments, and at such times as the 
stockholders may direct : provided, that the whole be paid within 
one year from the passing of this act. 

Sect. 4. Be it further enacted, That the said bank shall be 
established in the town of Charlestown, and that any three of the 
persons before named, shall be authorized to call the first meet- 
ing of said corporation, by advertising the same in any newspaper 
published in the town of Charlestown, ten days, at least, before 
said meeting. [March 13, 1832.] Add. act, 1836 ch. 107. 

An Act to incorporate the Dana Manufacturing Company. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same. That Oliver Sheple, Samuel Dana, Samuel 
Dana, Jr., Oliver Sheple, Jr., James Dana and Washington 
3heple, their associates and assigns, be, and they hereby are 



1832. Chap. 127—131. 257 

constituted a corporation and made a body politic, by the name 
and style of the Dana Manufacturing Company, for the purpose 
of manufacturing cotton and woollen goods, iron wares, and starch 
from any materials, in the respective towns of Groton and Shir- 
ley, in the county of Middlesex, and for this purpose shall have Powers and du- 
al! the powers and privileges, and be subject to all the duties and ''®^" 
requirements, contained in an act passed 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 du- 1829 ch. 53. 
ties of manufacturing corporations." 

Sect. 2. Be it further enacted^ That the said corporation Real and per- 
may take and hold such real estate, not exceeding in value the ^°"^ estate, 
sum of two hundred thousand dollars, and such personal estate, 
not exceeding in value two hundred thousand dollars, as may be 
suitable and convenient for carrying on the business aforesaid. 
[March 13, 1832.] Add. act, 1833 ch 41. 

An Act to incorporate the Lynn Academy. 0/K*jf/ 1/4.0. 

Sect. I. BE it enacted by the Senate and House of Rep- 
resentatives^ in General Court assembled, and by the authori- 
ty of the same, That Andrews Breed, Isaiah Breed, Josiah poS. '"*'*''" 
Newhall, Jonathan BufFum, Francis S. Newhall, Caleb Wiley, 
and Hezekiah Chace, their associates and successors be, and they 
hereby are incorporated as the Lynn Academy, in the town of 
Lynn, in the county of Essex, with power to hold real estate. Real and per- 
not exceeding in value twenty thousand dollars, and personal es- ^°"^ estate, 
tate, not exceeding twenty thousand dollars, to be devoted exclu- 
sively to the purposes of education. And said corporation shall 
have all the powers usually incident to similar corporations, and 
may make all necessary by-laws not repugnant to the laws of this 
Commonwealth. 

Sect. 2. Be it further enacted, That any two of the per- First meeting, 
sons named in this act may call the first meeting of said corpora- 
tion, by giving notice of the time and place, seven days at least 
previous thereto, in the newspapers printed in said town of Lynn. 
[March 13, 1832.] 

An Act to incorporate the Proprietors of Bass River Lower Bridge in the county of (^fidf) 131, 
Barnstable. ■* 

Sect. 1 . BE it enacted by the Senate and House of Repre- ^^^ ^^^^'^- ^^• 
senlatives, in General Court assembled, and by the authority of the 
same, That Levi Crovi-ell, Obed Baxter, Jr., Leonard Under- Persons incor- 
wood, Thomas Akin and Freeman Baker, and their associates, P°''^'®^- 
successors and assigns, be, and they hereby are constituted a 
corporation, by the name of " the Proprietors of Bass River 
Lower Bridge ;" and by that name may sue and be sued to final 
judgment and execution ; may make and use a common seal, and 
the same may break, alter and renew at pleasure ; may elect all 
officers necessary for the management of the business of said 
corporation ; and generally shall have, and may exercise the 
same powers and privileges, and be subject to the same duties 

VOL. VII. 33 



258 



1832.- 



-Chap. 131. 



Erection of a 
bridge across 
'Bass River, un- 
der the direc- 
tion of commis- 
sioners. 



Proviso. 



Provisions and 
restrictions. 



Construction 
and width of 
bridge. 



and requirements which bodies politic may or should have, exer- 
cise, and be subject to perform. 

Sect. 2. Be it further enacted, That the said corporation 
be, and they hereby are authorized to construct and erect a bridge 
across Bass river, at such point or place as shall be determined 
upon to be most for the public accommodation, and least preju- 
dicial to the interests of all persons or parties concerned, by 
three commissioners, or a majority of them, who shall be the 
following named persons : Samuel P. Croswell, of Falmouth ; 
Matthew Cobb, of Barnstable, and Obadiah Doane, of Eastham. 
And the said commissioners, upon application made to them by 
any three or more of the persons hereby incorporated, shall as- 
semble at such time and place as they may appoint, after giving 
due notice to all persons interested of the said time and place of 
meeting, by advertisement in a newspaper printed in Barnstable, 
and they shall proceed to hear the parlies, view the premises, 
and determine and adjudge where the said bridge shall be located 
and erected : provided, however, that the said bridge shall not be 
located or erected at any place or point farther north upon said 
river than Killey's wharf, so called, nor farther south than one 
hundred rods south of said Killey's wharf. And the said com- 
missioners shall receive for their services as herein required a 
reasonable compensation, to be paid them by such of the persons 
or parties interested in the location of the said bridge as to them 
shall seem the most proper. And the said corporation shall be 
subject, and required to conform to the provisions and restric- 
tions following, to wit : that the said bridge shall be built on 
piles, excepting suitable abutments at the end thereof; that said 
bridge shall have a sufficient draw, not less than twenty-eight feet 
wide ; that the said proprietors shall cause the said draw to be 
opened whenever it may be necessary for the passage of any ves- 
sel or vessels ; that the said proprietors shall place and maintain, 
at their own expense, two buoys, well anchored, the one above, 
and the other below said bridge, with a ring in each for warping 
through said bridge ; that if said bridge shall cause shoals under, 
or on either side of the draw, so as to obstruct the passage of 
vessels through the same, the said draw shall be removed, from 
time to time, to that part of said bridge where the water may be 
of sufficient depth for the passage of vessels ; that if said bridge 
shall cause a bar across said river, so as unreasonably to obstruct 
the passage of such vessels as usually pass up and down said riv- 
er, said proprietors shall wholly remove said bridge at their own 
expense ; and the said corporation shall, at their own expense, 
purchase, fence, make, and keep in repair an open road, from 
the end of the said bridge in Dennis, to the ferry road ; and the said 
town of Dennis shall be free from all expenses arising from said 
bridge, and from that part of said road. 

Sect. 3. Be it further enacted. That the said bridge shall 
be well built of good and sufficient materials ; shall be twenty-four 
feet wide at least ; shall have sufficient rails on each side for the 
protection of passengers, and shall be at all times kept in good 



1832. Chap. 131. 259 

repair. And the said proprietors, at the place or places where 
the toil shall be received, shall erect and keep constantly exposed 
to view a sign or board, with the rates of toll of all tollable arti- 
cles fairly and legibly written and marked thereon ; and all per- 
sons, with their carriages and horses passing to or from their 
usual places of public worship, and all persons going to or return- 
ing from military duty, and all persons passing to and from fu- 
nerals, are hereby exempted from paying any toll required by 
this act. 

Sect. 4. Be it further enacted, That, for reimbursing the Tolls, 
said proprietors for the monies expended, and to be expended in 
building and supporting said bridge, a toll is hereby granted and es- 
tablished for the sole benefit of said proprietors, according to the 
rates following, to wit : for each foot passenger, two cents ; for 
each horse and rider, six cents ; for each horse and chaise, 
chair or snlkey, twelve cents ; for each horse and wagon, or 
sleigh, eight cents ; for each coach, chariot or phaeton, or other 
carriage with four wheels, twenty cents ; for each cart, sled, or 
other carriage of burthen, drawn by one beast, six cents ; if 
drawn by two beasts, eight cents ; and if drawn by more than 
two beasts, twelve cents ; for each horse without a rider, and 
neat cattle, two cents each ; for sheep or swine, six cents by the 
dozen, and in proportion for a less number ; and for each hand 
cart or wheel barrow, three cents ; and only one person shall be 
allowed for each team, to pass free of toll. And at all times, 
when the toll-gatherer is not attending to his duty, the gate or 
gates shall be left open. And the taking of toll shall commence 
on the day of opening said bridge for passengers, and shall con- 
tinue for the benefit of said corporation for and during the term 
of seventy years thereafter : provided, that at all times hereafter Proviso, 
the rate of toll shall be subject to the regulations of the Legisla- 
ture ; and also, that, if the said proprietors shall neglect to build 
and complete the said bridge within five years from and after the 
passing of this act, then the same shall be void, and of no effect. 

Sect. 5. Be it further enacted, That any two of the per- First meeting, 
sons named in this act are hereby authorized to call the first 
meeting of said corporation, by causing notice thereof to be pub- 
lished in one or more of the newspapers printed in the county of 
Barnstable, at least fourteen days previous to the time of holding 
such meeting. And said proprietors, by a vote of a majority of Right of voting, 
those present, or represented by proxy at said meeting, allowing 
in all cases one vote to each share, shall choose a clerk and 
treasurer, who shall be sworn or affirmed to a faithful discharge 
of their respective offices ; and said offices shall be united in one 
person, if the said proprietors shall so elect ; and at the same, or 
any subsequent meeting, the said proprietors may make and es- 
tablish any by-laws, rules and regulations, not repugnant to the g 
constitution and laws of the Commonwealth, that shall be neces- 
sary or convenient»|^r regulating said corporation, and for effect- 
ing, completing and executing the purposes aforesaid, and for 
collecting the tolls aforesaid. [J\Iarch 14, 1832.] 



260 



1832:- 



Chap. 132—133. 



ChCL'D 132 ■^" ^^"^ authorizing a Bridge to be built over Broad Cove, in the county of Bristol. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority of 
How and where the Same, That Elisha Burgess and Joseph Marble, together 
buih^^ *''^" ''^ with such others as may associate with them for that purpose, be, 
and they are hereby authorized and allowed to build a bridge 
across Broad Cove, from the south side of said cove, in the town 
of Somerset, to or near land of Ebenezer Talbut, on the north 
side of said cove, in the town of Dighton : provided, that said 
bridge shall be built in a substantial manner, twenty feet wide, 
with a passage-way twenty-seven feet wide, in the most conven- 
ient place for the passage of vessels through said bridge, and the 
wood work over said passage-way so constructed tliat the same 
may be conveniently removed, and said bridge, when completed, 
shall ever remain free for the accommodation of the public : pro- 
vided, further, that this act shall not take effect until the town of 
Somerset, in legal town-meeting, warned for that purpose, shall 
consent to pay one half of the expense of maintaining and repair- 
ing said bridge, and the county commissioners of the county of 
Bristol, after a full hearing of all persons interested, shall adjudge 
that the common convenience and necessity require that said 
bridge should be built. 
Repair of Sect. 2. Be it further enacted, That whenever said bridge 

bridge. shall be built agreeably to the provisions contained in the first 

section of this act, one half of the expense of maintaining and re- 
pairing the same shall be borne by the town of Somerset, and 
the other half thereof by the town of Dighton. [March 16, 
1832.] 



Chap \33. 



Choice of fire- 
wards. 



Orgtinization. 



Powers and 
duties of fire- 



An Act to establish a Fire Department in the town of Troy. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same. That the inhabitants of the town of Troy, at their an- 
nual meeting for the choice of town officers, shall choose, by 
ballot, a number of persons, not exceeding twenty, for firewards, 
who shall possess the same authority, and exercise the same 
powers in relation to the extinguishing of fires, as firewards did 
by law possess and exercise previous to the passing of this act. 

Sect. 2. Be it further enacted, That the firewards so 
chosen shall, as soon as may be, meet at some convenient place 
in said town, and organize themselves into a board, by choosing 
a chairman, and it shall be the duty of the town clerk of said 
town, to appoint the time and place of the first meeting of the 
firewards after they have been chosen as aforesaid, and all suc- 
ceeding meetings, when required by the chairman, and notify 
them of the same. He shall preside at the election of the chair- 
man, and shall also be clerk of the board, and record all their 
proceedings in a book kept for that purpose, and shall receive 
for his services such compensation from the town as the board of 
firewards shall determine. 

Sect. 3. Be it further enacted. That the said board of 
firewards be, and they are hereby authorized and required to ex- 



I 



1832. Chap. 133. 261 

ercise all the powers, and perform all the duties, in relation to the wards in the 
nomination and appointment of ensiinemen, which the selectmen app'^™""^"* 

r-i 11 cii 1-11 -i"' engmemen. 

01 said town have been heretoiore by law authorized and required 
to exercise and perform ; and all appointments made by said 
board of firewards pursuant to this act shall subject the persons 
thus appointed to the same duties, and entitle them to the same 
privileges and exemptions as enginemen are by law entitled to ' 

when appointed by the selectmen : provided, however, that they 
shall not be exempted from military duty unless they shall annu- 
ally produce to the commanding officer of the company within 
whose bounds they reside, certificates of their appointments 
from the said board of firewards, signed by their chairman. 

Sect. 4. Be it further enacted, That the said board of Number of en- 
firewards be, and they are hereby authorized and empowered to ginemen, &c. 
appoint such number of men to the engines, hose and hook and 
ladder carriages, and to constitute a company for the securing of 
property when endangered by fire, as they shall think expedient : 
provided, that the number of men appointed to each and every 
hydraulion or engine with suction hose shall not exceed one hun- 
dred ; to each and every hydraulion or engine without suction 
hose, fifty men ; to each and every mill hydraulion or forcing 
pump operated by water power, and to manage the hose respec- 
tively belonging to each, fifteen men ; to each and every hook 
and ladder carriage, forty men ; and to act as a company for the 
rescuing of property when endangered by fire, twenty-five men ; 
they are also authorized and empowered to appoint three men as Engineers, 
engineers or inspectors of fire apparatus, who shall also be gene- 
ral inspectors of all causes of complaint, where it is alleged that 
individuals or the public are in danger of loss by fire from such 
causes : and the said engine, hose, hook and ladder carriage men, 
and the men for rescuing of property, are authorized to organize 
themselves into distinct companies, under the direction of the 
firewards, to elect directors or captains, clerks, and other offi- 
cers, to establish such rules and regulations as may be approved 
by the firewards, and to annex penalties to the same, which may 
be recovered by the clerk of any company, so organized, before 
any justice of the peace in the county of Bristol : provided, that 
no penalty shall exceed the sum of ten dollars, and that such 
rules and regulations shall not be repugnant to the constitution 
and laws of this Commonwealth, and the said penalties shall be 
appropriated to the use of said companies, severally, as they shall 
direct. 

Sect. 5. Be it further enacted, That the said firewards Firewards lo 
shall have the care and superintendance of the public engines, have the car^e of 
hose, fire hooks and ladders, together with the buildings, fixtures 
and appendages thereto belonging, and all other apparatus owned 
by the said town of Troy, that is used for the extinguishment of 
fire, and shall cause the same to be kept in repair, and may, from 
time to time, make such alterations and improvements therein as 
they shall deem expedient : provided, that the sum expended for 
such repairs, alterations and improvements, shall not exceed in 



262 1832. Chap. 133. 

any one year the sum of one hundred dollars, unless the said 
town of Troy shall have previously assented to a larger appropri- 
ation. 
Inspection of Sect. 6. Be it further enacted , That the engineers or in- 

^e apparatus, spectors, to be appointed as provided for in this act, shall inspect, 
from time to time, all the apparatus for extinguishing fire belong- 
ing to, and in the use of said town of Troy, and report their 
condition to the said board of firewards, whenever they shall re- 
quire it. And it shall also be the duty of said engineers or in- 
spectors, in case of any of the apparatus belonging to said town 
of Troy having been wantonly or wilfully damaged, injured or 
destroyed, to make diligent inquiry, to ascertain by whom said 
damage, injury or destruction was committed, and to report such 
information as they shall obtain to the treasurer of said town, who 
shall, if the information received from the engineers or inspectors 
be sufficient to sustain an action against any person or persons, 
immediately prosecute such offender or offenders in the name of 
the town according to the law in such cases made and provided. 
Establishment Sect. 7. Be it further enacted, That the said board of fire- 
uL'tionl^b'^ "^iife ^^^^^^s, at any meeting called as herein before provided, may 
firewards. establish such rules and ordinances as they may judge proper to 

prohibit or regulate the carrying of fire, fire-brands, lighted 
matches or any other ignited material, openly in the streets and 
thoroughfares of said town, or in such parts thereof as they may 
designate, and to prohibit any owner or owners, occupant or oc- 
cupants of any building within said town, or such parts thereof as 
said board of firewards shall designate, from erecting or maintain- 
ing any defective chimney, hearth, oven, stove, or stove pipe, 
fire frame, or other fixture, deposit of ashes, or any mixture or 
other material which may produce fire by spontaneous combus- 
tion, or whatever else may give just cause of alarm, and may be 
Proviso. ti^e means of kindling or spreading fire : provided, such rules and 

ordinances shall not be repugnant to the constiluiion and laws of 
this Commonwealth, and shall not be binding until tlie same shall 
be approved by the inhabitants of said town in legal meeting held 
for that purpose, and published in some newspaper printed in said 
town, and the said board of firewards may annex suitable penalties 
for the breach of any of said rules and ordinances, not exceeding 
the sum of twenty dollars for any one breach thereof, and the 
same may be prosecuted for, and collected before any justice of 
the peace for the county of Bristol, not being an inhabitant of 
said town of Troy, in the name of the treasurer of said town, and 
all penalties so recovered shall be appropriated by said board of 
firewards for the improvement of the fire apparatus of said town. 
Wiien this act Sect. 8. Be it further enacted. That this act shall take 
shall take effect, gfj-p^t ^^j^en accepted by said town of Troy, at any meeting called 
for that purpose, at which meeting the firewards contemplated in 
this act shall be elected as herein prescribed, who shall hold their 
office one year, or until the next succeeding election of town 
officers in said town of Troy shall take place*, when a new elec- 
tion of firewards shall be had, any thing in this act to the contrary 



1832. Chap. 133—135. 263 

notwithstanding, but vacancies, that shall at any time occur in 
said board, may be filled at any town meeting legally notified, 
and all persons elected as firewards shall be notified of their elec- 
tion, and shall make known their acceptance or refusal in the 
same manner, and be subject to the same penalties for neglecting 
so to do, as was established by law previous to the passing of this 
act. [March 16, 1832.] 

An Act to increase the capital stock of the Taunton Copper Manufacturing Company. Chd'n 134<. 

BE it enacted by the Senate and House of Representatives, in .„„ . „ 
General Court assembled, and by the authority of the same, 
That the Taunton Copper Manufacturing Company be, and increase of cap- 
hereby are authorized to increase their capital stock, by the "^' *'°'^'^- 
addition thereto, of the sum of seventy-five thousand dollars, 
the same being entitled to all the powers and privileges, and Powers and 
subject to all the duties and requirements contained in the act ^"''^*- 
passed the twenty-third day of February, in the year of our Lord 
one thousand eight hundred and thirty, entitled "an act defining the 1329 ch. 53. 
general powers and duties of manufacturing corporations." [March 
16, 1832.] Add. act, 1836 ch. 182. 

An Act to incorporate the Proprietors of the Third Congregational Meeting-house, in f^1,^,^x 1 QX 

Lowell. (^nap lOO. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same. That Jonathan Morse, 2d., William T. Heydock, Persons incor- 
Edwin Stearns, Salmon Stevens, Thomas Sweetser, Hananiah pora'ed. 
Whitney, Stephen Goodhue, Edward Sherman, Simon Adams, 
Abram Brigham, and others, who have associated, or may here- 
after associate with them, for the purpose of building a meeting- 
house, their successors and assigns, be, and they hereby are in- 
corporated and made a body politic, by the name of the Propri- 
etors of the Third Congregational Meeting-house, in Lowell, and General pow- 
by that name may sue and be sued, and may have and use acorn- ers. 
mon seal, and may ordain and establish such by-laws and regula- 
tions, as to them may seem necessary and convenient for the gov- 
ernment of said corporation : provided, such by-laws and regula- 
tions be not repugnant to the constitution and laws of this Com- 
monwealth. 

Sect. 2. Be it further enacted. That the said corporation R^gg] a„j pg^. 
may purchase and hold real and personal estate, the annual in- sonal estate. 
come of which, exclusive of the meeting-house and land under the 
same, shall not exceed two thousand dollars ; and shall divide 
their estate into shares, the number of which shall not be less than 
fifty, nor more than three hundred ; and may make and impose Assessments, 
assessments on such shares, from time to time, as they may deem 
expedient, to carry their intended object into effect. 

Sect. 3. Be it further enacted. That whenever any pro- proceedings 
prietor shall neglect or refuse to pay any assessment, legally made '" caseofnegli- 
upon his share or shares, to the treasurer of said corporation, fss'eslmentZ'"^ 
within thirty days after the same shall be made payable, the said 
treasurer is hereby authorized to sell at public auction, the share 



264 1832. Chap. 135—136. 

or shares of such delinquent proprietor, after publishing, in one or 
more of the Lowell papers, notice of the time, place and cause 
of such sale, and also on the door of said meeting-house, when- 
ever such house shall have been erected, at least thirty days pre- 
vious to such sale, to execute deed or deeds thereof to the pur- 
chaser or purchasers ; and after deducting the amount of such 
delinquent's assessment, together with legal interest thereon, from 
the time the same was payable, and necessary incidental charges, 
the said treasurer shall pay the surplus, if any there be, to such 
delinquent proprietor ; or the said treasurer may sue and prose- 
cute to final judgment and execution any such delinquent propri- 
etor for any tax or assessment due and payable on any share or 
shares of such delinquent proprietor. 
Annual meet- Sect. 4. Be it further enacted, That there shall be an an- 

'"=• nual meeting of said proprietors, after the present year, on the 

second Monday in March, at which they shall elect by ballot, a 
president, clerk, treasurer and five trustees, of whom the presi- 
dent shall be one, and the treasurer and clerk shall be sworn 
to the faithful discharge of their respective trusts ; and at such 
Right of voting, meeting, each proprietor, or his agent duly authorized in writing, 
shall be entitled to as many votes as he holds shares : provided, 
that no one person shall be entitled to more than ten votes. 
Clerk to keep Sect. 5. Be it farther enacted, That it shall be the duty 

ce'edin'^'^ °^ ^'^°' ^^ ^'^^ clerk of said corporation to keep a record of all the pro- 
° ceedings of said corporation, and of all shares 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 pro- 
prietors on the back of such certificate. 
First meeting. Sect. 6. Be it farther enacted, That any justice of the 
peace in the county of Middlesex be, and he hereby is authorized 
to issue his warrant to some one of the said proprietors, for the 
purpose of calling the first meeting to elect officers and 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 future meetings. [March 16, 1832.] 

ChctJ) 1 3Q ■^'^ ^^^ '" further addition to an Act to incorporate the Proprietors of the Boston South 
■i ' Bridge. 

(v. 3.*p. 371.) Sect. 1. BE it enacted by the Senate and House of Rep- 

1829 ch. 119. resentatives, in General Court assembled, and by the authority 

*^*' • of the same, That, from and after the passing of this act, the 

Bridge discon- Proprietors of the Boston South Bridee be, and they hereby are 

tmued, unless .i-j.j- • -ji-j jl 

city of Boston auttiorized to discontmue said bridge, as a pass way, and, at any 
pay a sum of time between the passing of this act, and the first day of August 
°"^^' next, if the city of Boston, before the first day of May next, does 

not pay to said proprietors such sum of money as may be agreed 
upon by them and the said city, for a transfer and assignment of 
the franchise and materials of said bridge, according to the first 
section of "an act in addition to an act, entitled an act to incor- 
porate the Proprietors of the Boston South .Bridge," passed on 
the twenty-third day of June last, the said proprietors are hereby 
authorized and empowered to take up the materials of said bridge, 



1832. Chap. 136—137. 265 

leaving the channel and flats under the same unincumbered by channel and 
any of the timbers or materials composing the same, and also to unl^cu^ber^ed. 
sell and dispose of, at public or private sale, all the said materials 
of said bridge, and every other kind of property whatever be- 
longing to said proprietors in their corporate capacity, as a com- 
pensation for the sums of money expended in the construction 
and erection of said bridge, and to divide the net proceeds of 
such sale among the respective stockholders, according to the 
number of their shares respectively : provided, ahvays, that be- Proviso, 
fore said proprietors shall proceed to take up, or remove the 
materials of said bridge, they shall cause to be executed to the 
city of Boston, bonds to the satisfaction of the governor and 
council, conditioned, that the said materials shall be taken up and 
entirely removed, so that the channel and flats under the same 
may be free from incumbrance in the same manner as they were 
before said bridge was built. 

Sect. 2. Be it further enacted, That so much of the sev- Repeal, 
eral acts relating to said bridge, to which this is in addition, as is 
incompatible with the provisions of this act, be, and the same 
hereby is repealed. [March 16, 1832.] 

An Act to incorporate the President, Directors and Company of the Union Bank of /^fjfi,y^ I Q*? 
Weymouth and Brainlree, in Weymouth. K^IIU^J lUI, 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority 
of the same, That Christopher Webb, Ezra Leach, Elisha Persons incor- 
Blanchard, Asa Webb, Joseph Richards, Briant Newcomb, P"'"^^®'^- 
Jonathan Newcomb, Briant Newcomb, Jr., Josiah Vinton, Jr., 
Amos Stetson, Elihu White, Joseph Loud, James White, sec- 
ond, John Crane, Salmon Clapp and James Whittemore, their 
associates, successors and assigns, shall be, and they are hereby 
created a corporation by the name of the President, Directors 
and Company of the Union Bank of Weymouth and Braintree, 
and shall so continue until the first day of October, which will 
be in the year of our Lord one thousand eight hundred and 
fifty-one, and shall be entitled to all the powers and privileges, Powers and 
and subject to all the duties, liabilities and requirements, 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," and the fur- 1828 ch. 96. 
ther provisions contained in an act passed on the twenty-eighth 
day of February, in the year of our Lord one thousand eight 
hundred and thirty-one, entitled "an act to continue the banking lasoch. 58. 
corporations therein named, and for other purposes." 

Sect. 2. Be it further enacted, That the stock in said Transfer of 
bank shall be transferable only at its banking house, and in its *'°*^''' 
books, and no part thereof shall be transferred by way of secur- 
ity for the performance of any obligation whatsoever, until two 
years from the payment of the first instalment into said bank. 

Sect. 3. Be it further enacted. That the capital stock of Capital stock, 
said corporation shall consist of one hundred thousand dollars, 
to be divided into shares of one hundred dollars each, to be pa'*^ 

VOL. VII. 34 



266 



1832.. 



■Chap. 137—139. 



Location. 
First meeting. 



Chap ISS. 

1823 ch. 25. 



Preceding- act 
altered and 
amended. 



Chap ^ 39. 



Cambridge 
fire department, 
of whom to 
consist and how 
appointed. 



Proviso. 



Selectmen au- 
thorized to fill 
vacancies, make 
by-laws, &c. 



in such instalments, and at such times, as the stockholders may 
direct : provided, the whole be paid, within one year from the 
passing of this act. 

Sect. 4. Be it further enacted, That the said bank shall 
be located in the town of Weymouth, and that any one of the 
persons before named shall be authorized to call the first meet- 
ing of said corporation by advertising the same in some public 
newspaper printed in the city of Boston, and by posting up no- 
tices thereof in some public place in each of the towns of Wey- 
mouth, Braintree, Randolph, Abington, Hingham and Quincy, 
ten days at least before said meeting. iMarch 17, 1832.] 

An Act in addition to an Act incorporating the Proprietors of the First Unitarian 
Church in Efenvers. 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same. 
That the aforesaid act be so far altered and amended, in the 
third section of the same, as to read " for the term of one year 
after the same shall be so assessed," instead of "for the space 
of two successive years after the same shall be so assessed." 
And the proprietors of the pews in said house are hereby au- 
thorized to make sale of the same in conformity to this alteration. 
[March 17, 1832.] 

An Act establishing a Fire Department in the town of Cambridge. 

Sect. I. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority of 
the same. That the Fire Department of the town of Cambridge 
shall hereafter consist of a chief engineer, and as many engineers, 
not exceeding twelve, as the selectmen of said town shall annually, 
on the first Wednesday in April, appoint, who shall hold their 
offices for one year, from the first day of May next succeeding, 
also as many engine men, hose men, and hook and ladder men, 
as the selectmen shall annually, on the first Wednesday in 
May, or as soon thereafter as may be, appoint : provided, that 
the number of engine men shall not exceed fifty to every hy- 
draulion or suction engine, thirty-five to every common engine, 
five to every hose carriage, and twenty-five hook and ladder 
men : provided, also, that the first appointment under this act 
may be made in the month of May instead of April as provided 
for in the former part of this section. 

Sect. 2. Be it further enacted. That the selectnf^ of said 
town be, and they are hereby authorized and required to fill any 
vacancies occurring in said fire department, to give certificates of 
appointments to the members thereof, and to fix and establish 
from time to time the powers and duties of the officers and 
members of said fire department respectively, in relation to fire 
engines, and all their fire apparatus belonging to or used in said 
town, and the care and management thereof, and to fix and or- 
dain rules and regulations for the conduct of said officers and 
members, and of the citizens present at fires, and to annex pen- 
alties for the breach thereof, not exceeding twenty dollars, which 



1832. Chap. 139. 267 

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, until the same be 
published in some newspaper printed in the city of Boston. 

Sect. 3. Be it further enacted, That the chief engineer Authority of 
and engineers so appointed shall have the same powers and au- tive'toThVde^-" 
thority, relative to pulling down or demolishing any house or molition of 
other building to prevent the spreading of fires, and relative to "°'*^^^' °- 
all other matters and things affecting the extinguishment or pre- 
vention of fires, or the commanding assistance at them, as fire- 
wards now by law have, and the said town of Cambridge shall 
be liable to pay all such reasonable compensation for damage 
done by or consequent upon the acts or directions of the 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 forfeitures arising 
within said town of Cambridge, under the laws of this Com- 
monwealth relative to the extinguishing and prevention of, or 
proceedings at fires, shall be distributed in such manner, and 
applied to such uses as the said town shall ordain and direct. 

Sect. 4. Be it further enacted, That every member of Duty and privi- 
said fire department shall be held to produce within thirty days b^e^rron^^fiJe 
after he shall have become a member of said department, and department, 
annually, in the month of May thereafter, to the commanding of- 
ficer of the military company within whose bounds he may 
reside, a certificate from the selectmen, stating that he is 
a member of said department, which certificate shall exempt 
him from military duty so long as he shall remain a member 
of said fire department and every member of said depart- 
ment who shall produce a certificate, signed by the chairman of 
the board of selectmen of said Cambridge, stating that he has 
served as a member 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 en- 
rolment in the militia, shall be exempted from all military duty, 
excepting that of keeping himself constantly armed, 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. 

Sect. 5. Be it further enacted, That, from and after the Former laws, 
organization of a fire department under this act, and notice there- '^^^'^ repealed, 
of given in one or more newspapers published in the city of 
Boston, all former laws of this Commonwealth, relating to the 
election and appointment of firewards, and hook and ladder men, 
so far as they affect the election and appointment of firewards 
and hook and ladder men in the town of Cambridge, be, and 
the same are hereby repealed. 

Sect. 6. Be it further enacted. That the provisions of this Provisions of 
act shall take effect and be in force as soon as the same shall be to take effect, 
accepted by the citizens of said town, qualified to vote in town 



268 



1832.- 



■Chap. 139—142. 



Persons incor- 
porated. 



affairs at a legal meeting notified for such purpose, and shall 
continue in force until modified or repealed by the Legislature. 
[March 17, 1832.] Add. act, 1835 ch. 87. 

CA-ttwl^l An Act to incorporate the President, Directors and Company of the Dorchester and 
■1 * Milton Bank. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That Moses Whimey, Darius Brewer, Samuel 
Bridge, Caleb Hobart, Robert P. Tolman, Abel Gushing and 
Asaph Churchill, their associates, successors and assigns shall be, 
and they hereby are created a corporation by the name of the 
President, Directors and Company of the Dorchester and Mil- 
ton Bank, and shall so continue until the first day of October, 
which shall be in the year of our Lord one thousand eight hun- 
dred and fifty-one, and 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 eighi hundred 
and twenty-nine, entitled '■' an act to regulate banks and bank- 
ing," and to the further provisions contained in an act passed the 
twenty-eighth day of February, in the year of our Lord one 
thousand eight hundred and thirty-one, entitled " an act to con- 
tinue the banking corporations therein named, and for other pur- 
poses." 

Sect. 2. Be it further enacted, That the stock in said 
bank shall be transferable only in its banking house, and in its 
books, and no part thereof shall be transferred by way of secu- 
rity for the performance of any obligation whatsoever, until two 
years from the payment of the first instalment into said bank. 

Sect. 3. 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- 
holders may direct : provided, the whole be paid in, within one 
year from the passing of this act. 

Sect. 4. Be it further enacted. That said bank shall be 
established in the town of Dorchester and in the Lower Mills 
village, and as near to Milton bridge as conveniently may be, 
and that any three of the persons named in this act shall be au- 
thorized to call the first meeting of said corporation, by giving 
public notice of the same in any newspaper published in the 
city of Boston, ten days at least, before said meeting. [March 
17, 1832.] 



Powers and du- 
ties. 



1828 ch. 96. 



1830 ch. 58. 



Transfer ol 
stock. 



Capital stock. 



Location. 



ChapU2. 



Persons incor- 
porated. 



An Act to incorporate the Union Marine Insurance Company. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority 
of the same. That Charles D. Coolidge, Charles Thatcher and 
their associates, and their successors and assigns, be and they 
are hereby incorporated and made a body politic by the name 
of the " Union Marine Insurance Company," for the purpose 



1832. Chap. 142—143. 269 

of making maritime loans and insurance against maritime losses, 
in the usual and customary manner, with all the privileges and Powers and du- 
subject to all the duties and obligations contained in a law en- ''^s- 
titled "an act to define the powers, duties and restrictions of isn ch. 120. 
insurance companies" passed on the sixteenth day of February 
in the year of our Lord one thousand eight hundred and eigh- 
teen, and in an act, in addition thereto, passed March sixth, in 
the year of our Lord one thousand eight hundred and thirty- 
two, entitled "an act in addition to an act to define the pow- 1832 ch. 95. 
ers, duties and restrictions of insurance companies," for and du- 
ring 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 injpleaded, appear, prosecute and defend to final 
judgment and execution, and they may have a common seal, 
which they may alter at pleasure, and they may purchase, hold 
and convey any estate real or personal for the use of said com- 
pany : provided, that the real estate shall not exceed the value ^^^1 estate, 
of fifty thousand dollars, excepting such as may be taken for 
debt, or held as collateral security for money due to said com- 
pany. 

Sect. 2. Be it further enacted, That the capital stock of Capital stock, 
said company shall be two hundred thousand dollars, and shall be 
divided into shares of one hundred dollars each, and shall all be 
collected and paid in, in such instalments, and under such provis- 
ions and penalties as the president and directors of said company 
shall order and appoint. 

Sect. 3. Be it further enacted, That the " Union Ma- Location. 
line Insurance Company" shall be located in the city of Boston. 
[March 17, 1832.] Add. act, 1833 ch. 207. 

An Act to establish a Police Court for the towns of Newbury and Newburyport. f^hnfl 1 4S 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That the towns of Newbury and Newburyport shall Newbury and 
hereafter form a district for the administration of justice therein, made ""^"d^uict, 
conformably to the provisions of this act. 

Sect. 2. Be it further enacted, That there shall be, and Police court 
hereby is established, within and for said district, a police court, ^^^^'^''^h*^'^- 
to consist of one able, learned and discreet person, to be ap- 
pointed and commissioned pursuant to the constitution, to take jurisdiction in 
cognizance of all crimes, offences and misdemeanors committed criminal cases, 
within the district aforesaid, whereof justices of the peace may 
take cognizance by law ; the said justice to hold his office for the 
same time, and by like tenure as other justices of the peace. 
The court hereby established shall hear and determine all suits, 
complaints and prosecutions, cognizable by it, in like manner as 
is provided by law for the exercise of the powers and authority 
which now are or may hereafter be vested in justices of the peace, 
and do all acts, necessary to, or consistent with such powers and 

authority ; and said court shall also have original, exclusive juris in civil cases 

diction and cognizance, of all civil suits and actions hereafter to 



270 



1832. 



-Chap. 143. 



All warrants re- 
turnable to SBud 
court. 



Costs and fines. 



Court, when to 
be held. 



Suits pending 



Two special 
justices to be 
appointed. 



be tried and determined within said district, and which, before 
the passing of this act, might by law be tried and determined be- 
fore any justice of the peace within either of the said towns ; and 
no writ, in any such suit or action, shall be made returnable be- 
fore any other justice of the peace, within said district but to said 
court only ; and an appeal shall be allowed from all orders, de- 
crees and judgments in said court, in like manner, and to the same 
extent, that appeals are now allowed by law from orders, decrees 
and judgments of justices of the peace ; and the justice of said 
court shall not be of counsel or attorney to any party in any mat- 
ter or thing whatsoever, which may be pending in said court. 

Sect. 3. Be it further enacted, That all warrants issued 
by said court, or by any justice of the peace within said district, 
shall be made returnable and be returned before said court ; and if 
any warrant shall be issued by any justice of the peace, returnable 
before said court, the lawful fees, payable therefor, shall not be paid 
or allowed on the examination or hearing before said court, unless 
it shall appear to said court that there was reasonable cause for 
issuing said warrant, in which case such fees, costs and charges 
shall be allowed and taxed, in like manner as though said warrant 
had been issued by a justice of the peace, according to the laws 
now in force. 

Sect. 4. Be it further enacted, That all costs in criminal 
prosecutions, before said court, which shall be received by or 
paid into the hands of said justice, shall, on demand, be paid over 
to the persons to whom such costs are due ; and all costs in such 
prosecutions not thus received shall be made up, taxed, certi6ed, 
and allowed, and shall be paid and satisfied in like manner as is 
now or may hereafter be provided by law in the case of justices 
of the peace, and all fines and forfeitures received by said court 
shall be paid over in the same manner, and under the same 
penalties for neglect as are prescribed in the case of justices of 
the peace. 

Sect. 5. Be it further enacted, That a court shall be held 
by said justice, on one day of each week, at nine of the clock in 
the forenoon, and as much oftener as may be necessary, to take 
cognizance of crimes, offences and misdemeanors, and on one 
day in each week, at ten of the clock in the forenoon, and at such 
other times as may be necessary, for the trial of civil suits and 
actions ; and the justice of said court shall, from time to time, 
establish all necessary rules for the orderly and uniform conduct- 
ing of the business of said court. 

Sect. 6. Be it further enacted. That all suits, actions and 
prosecutions which shall be instituted and pending before any jus- 
tice of the peace within the district aforesaid, when this act shall 
take effect, shall be heard and determined as though said act had 
not been passed. 

Sect. 7. Be it further enacted, That there shall be ap- 
pointed by the governor, by and with the advice and consent of 
council, two special justices of said court, and whenever it shall 
happen that the justice of said court shall be a party, or interested 



1832. Chap. 145—144. 271 

in any suit or prosecution, cognizable in said court, or be akin 

to either party therein, or shall from any cause be unable to attend 

said court, or bear and determine any matter or thing pending 

therein, the cause shall be assigned on the record ; and the court 

may and shall be held, and its jurisdiction exercised by one or 

both of said special justices, upon a summons issued to one or 

both, by the standing justice of said court ; and the said special Compensation. 

justices shall be paid for the services herein required of them, out 

of the monies received in said court, such sum as the justice of 

said court would be entitled to receive for the same services. 

Sect. 8. Be it further enacted, That the justice of said Record of pro- 
court shall keep a full and fair record of all proceedings in said ^^p^'"^ ^° ^^ 
court, and shall make return, to the several courts, of all legal 
processes, and of his doings therein, in the same manner as jus- 
tices of the peace are now by law required to do. 

Sect. 9. Be it further enacted, That this act shall go Act. when to 
into operation from and after the first day of May next, unless the '^® ^^'^'^'• 
towns of Newbury and Newburyport, or either one of them, shall 
at a legal town meeting, called for that purpose, refuse to accept 
the same, and shall signify said refusal to the governor, on or be- 
fore the first day of April next, and d)e governor shall have power 
by and with the advice and consent of council, to appoint said 
justice and special justices, at any time after the said first day of 
April. 

Sect. 10. Be it further enacted, That all acts and parts of Repeal, 
acts, so far as they are inconsistent with the provisions of this 
act, be and the same are hereby repealed. [JMarch 17, 1 832.] 
See 1833 ch. 192. 

An Act to incorporate the Proprietors and Trustees of the Dorchester Academy. C/iflO 14-*, 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same. That John Codraan, Benjamin Fuller, John Capin, Persons incor- 
James Penniman, Aaron Nixon, Thomas Tremlett, James ported. 
Leach, and Joseph Leeds, their associates, successors and as- 
signs, be, and they hereby are created a body politic and corpo- 
rate, by the name of the Proprietors of Dorchester Academy, 
in the town of Dorchester, county of Norfolk, with power to Real estate. 
hold real estate not exceeding ten thousand dollars in value, to 
be used and applied solely for the purposes of education. And Officers, &c. 
the said proprietors shall have power from time to time to choose 
a clerk, and such other ofiicers as they may judge necessary ; 
may have a common seal, which they may alter at their pleasure; 
may make contracts, sue and be sued in all actions, and prose- 
cute 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 be not repugnant to the constitution and laws of this Com- 
monwealth. 

Sect. 2. Be it further enacted. That the said proprietors Assessments 
may, from time to time, at any legal meeting called for the pur- "P°° shares. 



272 



1832.- 



■Chap. 144—145. 



Sale of shares 
to pay assess- 
ments. 



Board of trus- 
tees. 



Real and per- 
sonal estate. 



First meeting'. 



Chap \ ^5. 

1817 ch. 103. 
1830 ch. 69. 
No person shall 
take grouse or 
heath hen in 
Dukes county, 
from the first 
day of Jan. to 
the first day of 
Nov. in each 
year. 



pose, assess upon each share in the capital stock such sum or 
sums of money as they may judge expedient for the hire or pur- 
chase of land, and the erecting, improvement, and repairs of 
buildings and grounds, and for defraying the expenses thereof, to 
be paid to the treasurer at such time or times as they may direct, 
each proprietor having a right to as many votes as he holds 
shares, and may vote by proxy ; and if any proprietor shall neg- 
lect to pay any such assessment for the space of fifteen days after 
such time, it shall be lawful for the treasurer to sell, at public 
vendue, such share or shares of such delinquent proprietor, first 
giving notice of the time and place of sale fourteen days at least 
before the sale, by posting up a notification at said academy, and 
two other public places in said town, and such sale shall be a 
legal transfer of the share or shares so sold to the purchaser 
thereof : and provided^ such sale of share or shares shall more 
than pay the assessment or assessments due thereon, with all the 
incidental expenses attending the sale, such surplus shall be paid 
over to the delinquent proprietor. 

Sect. 3. Beit further enacted, That John Codman, James 
Penniman, Thomas Tremlett, James Leach, and Joseph Leeds, 
be, and are hereby constituted a board of trustees, whose duty 
it shall be to act as visitors and governors of said schools, that 
are now, or may hereafter be established in said academy ; to 
elect and contract with teachers, to prescribe their duties, and to 
pay them and all incidental expenses attending the school or 
schools, and shall have the control of the tuition fees, and all such 
funds as may hereafter be given, devised or bequeathed to them, 
and to make and ordain by-laws for the regulation of their meet- 
ings of business, and reasonable rules and orders for the govern- 
ment and discipline of said schools in said academy, and the said 
trustees are hereby authorized to fill all vacancies that may here- 
after happen in the said board of trustees. 

Sect. 4. Be it further enacted, That said trustees may 
lawfully take and hold, by gift, grant, bequest, devise or other- 
vi'ise, any real or personal estate, for the benefit of said school or 
schools in said academy : provided, the annual income thereof 
shall not exceed five thousand dollars. 

Sect. 5. Be it further enacted, [^Thaf] any one of the pro- 
prietors named in this act, may call the first meeting of the pro- 
prietors, by giving written or personal notice of the time and 
place of meeting to each proprietor, ten days before the day of 
such meeting. [March 20, 1832.] 

An Act to prevent the destruction of the bird called Grouse or Heath Hen, in Dukes 
County. 

Sect. 1. BE it enacted by the Senate and House of Representatives, in General 
Court assembled, and by the authority of the same, That, from and after the passing of 
this act. it shall not be lawful for any person to take, kill or destroj' any of the birds 
called grouse or heath hen, within the limits of Dukes County, from the first day of 
Januar}' to the first day of November, in every year ; and if any person shall take or 
kill, or shall sell, buy, or have in his possession, after being killed or taken, any of the 
birds aforesaid, within the lime limited as aforesaid, such person shall forfeit and pay, 
for each and every grouse or heath hen so taken, killed, or in his possession, the sum 
of ten dollars, to be recovered by any person who will sue for the same, within one 
year from the time of the oflTence committed, to his own use, in an action of debt in 



1832. Chap. 145—150. 273 

any court having jurisdiction of the amount demanded ; or said forfeitures may be re- 
covered b}' complaint to any justice of the peace, in the name of the Commonwealth, 
to the use of the county where the prosecution shall take place ; and, on failure to pay 
such forfeitures and costs on conviction, the offender ma}' be committed to prison, for 
a term not less than five, nor more than fifteen days : provided, however, that the in- Proviso. 
habitants of any town in said county, maj-, at their annual meeting in March or April, 
in any year, by a vote, suspend the operation of the prohibitions and restrictions con- 
tained in this act, in whole or in part, within such town, and for such term of time, not 
exceeding one year, as to them shall seem expedient. 

Sect. 2. Be it further enacted. That an act passed the fourth day of March, in Former act re- 
the year of our Lord one thousand eight hundred and thirty-one, entitled, " an act in pealed, 
addition to an act, entitled, an act to prevent the destruction of certain useful birds at 1830 ch. 69. 
unseasonable times of the year," be, and the same is hereby repealed. [March 20, 
1832.] Repealed, 1836 ch. 7. See R. S. ch. 53, and 1837 ch. 170. 

An Act to incorporate the Adams Academy. ChfLY) 149 

Sect. 1. BE it enacted by the Senate and House of Rep- ^ 
resentatives, in General Court assembled, and by the authority 
of the same, That Peter Briggs, David Anthony, Jr., Robert Persons incor- 
R. Briggs, Thomas Robinson, Isaac U. Hoxie, Zelotes Rich- pof^ted. 
mond, Daniel Smith, Daniel Jenks and Snell Babbitt, their as- 
sociates and successors, be, and they hereby are incorporated as 
the Adams Academy, in the town of Adams, in the county of 
Berkshire, with power to hold real estate, not exceeding in value Real and per- 
twenty thousand dollars, and personal estate, not exceeding in 
value twenty thousand dollars, to be devoted exclusively to the 
purposes of education. And said corporation shall have all the 
powers usually incident to similar corporations, and may make all 
necessary by-laws, not repugnant to the laws of this Common- 
wealth. 

Sect. 2. Be it further enacted, That any two of the per- First meeting, 
sons named in this act may call the first meeting of said corpora- 
tion, by giving notice of the time and place seven days and [af] 
least previously thereto, in any newspaper printed in the county 
of Berkshire. [March 20, 1832.] 

An Act in addition to " An Act authorizing the town of Charlestown to establish a (^hnv) 150 
Board of Health." " 

Sect. 1. BE it enacted by the Senate and House of Rep- ^^^^ ^h. 12. 
resentatives, in General Court assembled, and by the authority 
of the same, That the selectmen of the town of Charlestown be, Selectmen may 
and they hereby are authorized and empowered, from time to time, and^regui^'ro^ns 
to make and establish rules, orders and regulations for the inter- for the burial of 
ment of the dead in said town, to establish the pohce of the the dead, 
burying grounds, appoint and locate the places where the dead 
may be buried in said town, to make regulations for funerals, and 
appoint all necessary officers and persons to carry the same into 
effect, and to prescribe their duties and fees. And the said se- 
lectmen may establish such penalties for the violation of any such 
rules, orders and regulations, as they may think proper : provid- Proviso. 
ed, that the penalty for any one such violation shall not exceed 
the sum of fifty dollars : and provided, further, that before any 
such rule, order or regulation shall go into effect, the same shall 
be approved by the inhabitants of said town, at a legal meeting 
thereof for that purpose called, and shall be published in one or 
more newspapers printed in Charlestown or Boston. 

Sect. 2. Be it further enacted. That all fines, forfeitures, 

VOL. VII. 35 



274 1832. Chap. 150—153. 

How fines shall and sutiis, to be paid, arising under any of the provisions of this 
for.^'°^^*^" ^ 3^t, shall be prosecuted for, by and in the name of the selectmen 
of the town of Charlestown, in the same manner, and under the 
same provisions within the county of Middlesex, as are provided 
for the recovery of similar fines, forfeitures, and sums, within the 
1816 ch. 44. county of Suffolk, by the twelfth section of an act, entitled "an 
act to empower the town of Boston to choose a board of health, 
and to prescribe their power and duty," passed the twentieth day 
of June, in the year of our Lord one thousand eight hundred and 
sixteen. And all fines, forfeitures or sums, to be paid under 
any of the provisions of this act, shall enure to the use of said 
town of Charlestown, and shall be accounted for by the said se- 
lectmen to the treasurer thereof. [JMarch 20, 1832.] 

ChttJ) 1 51 • -^^ ^^"^ '" addition to an Act to incorporate the " Franklin Coal Company." 

1832 ch. 38. -S-E it enacted by the Senate and Hovse of Representatives, 

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

Repeal. That SO much of the act to which this is in addition as authorizes 

said corporation to procure coal otherwise than by digging, be, 
and the same is hereby repealed. [March 20, 1832.] 

C^hfin 1 ^'2, ■^" ^^"^ ^° incorporate the Franklin Laboratory. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
Persons incor- the same, That Maximillian Isnard, Nathaniel Dorr, Charles 
poraied. Hickling and Nathaniel Dorr, Jr., with their associates, succes- 

sors and assigns, be, and they hereby are made a corporation, by 
the name of the Franklin Laboratory, for the purpose of manu- 
facturing white lead in the town of Roxbury, in the county of 
Powers and Norfolk, and for this purpose shall have all the powers and privi- 
duties. leges, and be subject to all the duties and requirements, 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 
1829 ch. 63. " an act defining the general powers and duties of manufactur- 
ing corporations." 
Real and per- Sect. 2. Be it further enacted, That the said corporation 
sonal estate. f^ay hold and possess such real estate, not exceeding in value six 
[Increased thousand dollars, and such personal estate, not exceeding in value 
"^ the sum of nine thousand dollars, as may be necessary and con- 
venient for the purposes aforesaid. 
First meeting. Sect. 3. Be it further enacted. That any one of the per- 
sons named in this act be, and either of said persons is here- 
by 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. [March 20, 
1832.] Add. act, 1833 ch. 99. 



Chap 153. 

1831 ch. 72. 



An Act in addition to " An Act to establish the Boston and Worcester Rail-road Cor- 
poration.'' 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and ky th^ authority of 
the same, That the said Boston and Worcester Rail-road Corpo- 
ration be, and they hereby are authorized and empowered to 



1832. Chap. 153. 275 

erect, for the sole and exclusive accommodation of the travel on Bridge may be 
the said rail-road, a bridge, in a direction which shall be found [hr^a'ter"?" 
most convenient for the said rail-road, across the water of Charles Charles river, 
river, from a point in Boston, between the western avenue and 
Canal bridge, to Cambridge, not approaching within one hundred 
feet of either the western avenue. West Boston bridge, or Canal 
bridge, without the consent of the proprietors of said avenue and 
bridges respectively. And the said corporation shall be author- 
ized to receive no other or greater rates of toll for passing the 
said bridge, than for passing a like distance on any other portion 
of the said rail-road ; and it shall not be lawful for the said cor- 
poration to permit the passing of the said bridge by carriages of any 
description, other than those which are adapted to the travelling 
on the said rail-road, nor by horses not attached to such rail-road 
carriages, nor by persons on foot, except by such persons, car- 
riages or horses as may be employed in the immediate service of 
the said corporation. 

Sect. 2. Be it further enacted^ That the said bridge may Mannerinwhich 
be buili in such manner, and of such materials, either by a solid bridge may be 
embankment or otherwise, as, in the opinion of the directors of 
the said corporation, may be most advantageously used for the 
purpose, and of such form and such width, not exceeding four 
rods, as they may judge best for the convenient accommodation 
of said rail-road : provided^ always, that there be made proper Proviso, 
and sufficient passages for the water of said river, not less than 
what there now are at Charles river bridge, and there be made 
and kept in a part of the channel of said river, a sufficient draw 
or passage way, at least thirty feet wide, suitable and proper for 
the passing and repassing of vessels at all times, toll free, and 
that there shall be built and kept in good repair a substantial and 
sufficient pier, either built on piles, or solid, on each side of, 
and extending out from said bridge from one hundred to one hun- 
dred and fifty feet, as shall be necessary to properly accommo- 
date the passage of vessels, and, if built on piles, to be planked 
on the sides, ranging with the draw, the whole length of each 
pier, and through the draw, from the top to the lowest ebb of 
the tide. And the said corporation shall be held liable to keep 
said draw, planking and piers, in good repair, and to raise the 
draw, and to afford all reasonable accommodation to vessels hav- 
ing occasion to pass it by day or by night. And if any vessel Damages for 
shall be unreasonably detained in passing the said bridge, by the ^.gssgi's*'" °^ 
negligence of the said corporation in constantly providing agents 
to faithfully discharge the duties enjoined by this act, the owner, 
commander, or the merchant having the consignment of said ves- 
sel, may recover equitable damages therefor of the said corpora- 
tion, in an action on the case, before any court proper to try the 
same. 

Sect. 3. Be it further enacted, That the said corporation Corporation to 
shall be holden to pay all damages that may arise to any person fo/takinrfand 
or persons by taking their land for the said bridge, when it can- for bridge, &,c. 
not be obtained by voluntary agreement, to be estimated and re- 



276 



1832.- 



■Chap. 153. 



Branch rail- 
roads may be 
constructed. 



Proviso. 



covered in the manner provided by law for the recovery of dam- 
ages happening by the laying out of highways. And the same 
powers are hereby given to the husband of any femme covert^ and 
the guardian of any minor, or person non compos mentis, to re- 
lease all damages for any lands or estates taken and appropriated 
as aforesaid, as are given in the eighth section of the act to which 
this is an addition. 

Sect. 4. Be it further enacted^ That, for the greater ac- 
commodation of persons residing near the route of the said rail- 
road, the said corporation be, and hereby are authorized, in 
addition to the main rail-road leading from Boston to Worcester, 
to construct branch rail-roads, diverging from the said main rail- 
road, at such convenient points as shall be selected therefor, to 
any part of the towns through which the said main rail-road shall 
pass, or of the towns adjoining ; and to establish such depots, or 
places for the reception and delivery of merchandize and passen- 
gers, as shall be adapted to the convenience of the inhabitants of 
the said towns, and to facilitate the transportation and travelling 
upon the said rail-road ; and in the laying out, construction and 
use of the said branch rail-roads, the said corporation shall pos- 
sess all the powers, enjoy all the privileges, and be subject to all 
the liabilities, which are granted to and imposed upon them in 
reference to the main rail-road from Boston to Worcester : pro- 
vided, that all the reservations made in the said act for the exer- 
cise of the authority of the Legislature in reference to the said 
main rail-road, shall apply equally to the branches, which shall be 
Further proviso, constructed under the authority hereby granted : and provided, 
further, that in case the said corporation shall construct a branch 
rail-road leading to the town of Millbury, no other rail-road shall, 
within thirty years from the passing of this act, be authorized to 
be made, leading from Boston, or from Roxbury, Brookline, 
Cambridge, or Charlestown, to any place within five miles from 
the termination of the said branch rail-road in Millbury. 

Sect. 5. Be it further enacted. That, in case a further 
capital stock than one million of dollars, shall be required for the 
construction of the said rail-road, with the said branches and de- 
pots, and in case the said corporation shall, at any time after the 
opening of the said rail-road, judge it expedient for the better 
accommodation of the travelling and transportation thereon, to 
construct a double set of tracks, they shall be authorized and 
empowered, by vote of the stockholders, at a meeting specially 
notified for the purpose, to increase their said capital stock by 
the creation of an additional number of shares, to be assessed to 
the same amount as the shares which are already created by the 
said act of incorporation : provided, that the additional number 
of shares so to be created shall not exceed ten thousand, and 
that the proprietors of the shares already created, for the time 
being, shall have the option of subscribing to the said additional 
shares, in proportion to the amount which they may hold, re- 
spectively, of the said original shares. 

Sect. 6. Be it further enacted, That it shall be in the 



Capital stock 
may be in- 
creased. 



Proviso. 



1832. Chap. 153—154. 277 

power of the government of the Commonweahh, at any time dur- Right reserved 
ing the continuance of the charter of the said Boston and Wor- ^eJiZtTpw- 
cester Rail-road Corporation, after the expiration of twenty years chase rail-road, 
from the opening for use of the rail-road therein provided to be 
made, to purchase of the said corporation the said rail-road, and 
all the franchise, rights and privileges of the said corporation, by 
paying them therefor the amount expended in making said rail- 
road, and in case at the time of such purchase, the said corporation 
shall not have received a net income, equal to ten per cent, per 
annum on the said expenditures, from the time of the payment 
thereof by the stockholders, by paying the said corporation such 
additional sum as, together with the tolls and profits of every kind 
which they shall have received from the said rail-road, will be 
equal to a net profit of ten per cent, per annum on the cost of 
said rail-road, from the date of the payment thereof by the stock- 
holders of the said corporation to the time of such purchase ; and 
every thing contained in the proviso in the fourteenth section of 
the act to which this is an addition, inconsistent with the provis- 
ions herein made, is hereby repealed. 

Sect. 7. Be it further enacted^ That the location and Examination of 
construction of the draws and piers connected therewith, required by^commission- 
to be made by this act, shall be liable to the examination and ap- ers. 
proval of three commissioners, to be appointed by the governor 
and council, at or before the commencement of the work, and at 
the charge of said corporation : And it shall be the duty of said 
commissioners to examine the draws and piers when completed, 
and to cause a plan and profile of the whole bridge to be made, 
shewing the dimensions and height thereof, from the bottom of 
the channel and the flats, to the top of the bridge, with the open- 
ing for the water ; this plan, with a clear description of the work, 
to make a part of their report to the governor and council. 
{March 22, 1832.] Add. act, 1833 ch. 91. 

An Act to incorporate the Braintree and Weymouth Coal Company. CflCiP 1 54. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That Fisher A. Kingsbury, John Hay ward, Whit- Persons incor- 
comb Porter, Minot Thayer, Ezra Leach, Josiah Vinton, Jr., P"^^'^^- 
Joseph Hayward, Philo Keith, Joseph Richards, Jonathan New- 
comb, John Vickery, Orris Allen, Phineas Blake, John Crane, 
Amos Stetson, Jonas Perkins, John Loud, Lewis S. Keith, 
Ira Curtis, Isaiah Thayer, Salmon Clapp, Asa Webb, Christo- 
pher Webb, Calvin Crane, Isaac Newcomb, Otis Fairbanks, E. 
Marsh, Jr., Amos W. Stetson, William Bowditch, Jr., Samuel 
Cook, Joseph Tilden, William Adams, G. W. Adams, Daniel 
SafFord, Gridley Briant, Walter Janes, their associates, succes- 
sors or assigns, be, and they hereby are made a corporation, by 
the name of the Braintree and Weymouth Coal Company, for the 
purpose of digging and raising coal, in the towns of Braintree and 
Weymouth, or either of said towns, and for vending the same ; 
and for that purpose shall have all the powers and privileges, and 



278 



1832.- 



Chap. 154—156. 



Powers and 
duties. 

1829 ch. 53. 



Real and per- 
sonal estate. 



Chap 



be subject to all the duties and requirements, contained in an act, 
passed the twenty-third day of February, in the year of our Lord 
one thousand eight hundred and thirty, entitled " an act defining 
the general powers and duties of manufacturing corporations." 

Sect. 2. Be it further enacted^ That said corporation 
may be fully seized and possessed of such real estate, not ex- 
ceeding the value of fifty thousand dollars, and such personal es- 
tate, not exceeding fifty thousand dollars, as may be necessary 
and convenient for the purposes aforesaid. [March 22, 1832.] 

1 ^fJ An Act to set ofT a part of the town of Tewksbury, in the county of Middlesex, and 
'-"-'• annex the same to the town of Lowell, in said county. 



Description of 
land set off. 



Provisos. 



BE it enacted by the Senate and House of Representa- 
tives^ in General Court assembled^ and by the authority of 
the same, That all that part of said Tewksbury lying within 
the following lines and bounds, namely, beginning at the mouth of 
Concord river, at its confluence with the Merrimack river, thence 
running easterly on said Merrimack river, one hundred and sev- 
enty-nine rods, to a stone wall, embracing all that part of the Mer- 
rimack river against said line which is in the town of Tewksbury, 
the said stone wall being the dividing line between the lands of 
Ebenezer Hunt and Edward St. Loe Livermore ; thence run- 
ning by said stone wall southerly about thirteen rods to the high- 
way ; thence crossing the said highway to the corner of a certain 
other stone wall, being the dividing line between lands of Edward 
Wood and said Livermore ; thence running by said line or wall 
southerly forty-five rods to the corner of a certain other stone 
wall ; thence south fifteen and a half degrees west, through land 
of said Livermore and land of Zadock Rogers, one hundred and 
eighty-five rods and six tenths of a rod, to a large rock on Fort 
hill, so called, on land of said Rogers ; thence turning and run- 
ning westerly sixty-two rods, to a maple tree on Concord river, 
and to the line of Lowell aforesaid ; thence running northerly on 
Concord river and the line of said Lowell, four hundred and 
two rods to the bound first mentioned, including all of said Con- 
cord and Merrimack rivers against the lines first and lastly herein 
mentioned which belonged to the said town of Tewksbury, to- 
gether with all the inhabitants on the lands herein described, be, 
and the same hereby is set ofT and separated from said Tewks- 
bury, and annexed to said town of Lowell ; and that the same 
land, and the inhabitants thereon, shall be deemed and considered 
as annexed to and as constituting a part of said town of Lowell : 
provided, however, that said tract of land, and the inhabitants 
thereon, set off as aforesaid, shall be holden to pay all such taxes 
as are already assessed or ordered to be assessed on them by said 
town of Tewksbury, in the same manner as they would have been 
liable if this act had not been passed : and provided, further, that 
this act shall not take effect until, at legal meetings of the inhabi- 
tants of Lowell and Tewksbury, called for that purpose, in said 
towns, within thirty days from the passage of this act, a majority 
of the votes in each of those towns, given upon the question, shall 



1833. Chap. 2—3. 279 

be in favor of the annexation herein provided for, which votes 
shall be given upon written ballots. [JVIarch 22, 1832.] 

An Act in addition lo " An Act to establish the Warren Bridge Corporation." CflflT) 1 70 

BE it enacted by the Senate and House of Representatives, in 1827 ch. 127. 
General Court assembled, and by the authority of the same, ,p ,, 
That the toll now established by law for passing Warren bridge, tabiished con- 
across Charles river, be, and hereby is continued and establish- """e«J- 
ed until the last day of the first session of the next General 
Court ; and when the present proprietors shall have been reim- 
bursed the money and sums of money to which they are entit- 
led, according to their act of incorporation, or shall cease to 
take the toll at present established by law, the governor, with 
the advice and consent of council, be, and is hereby authorized 
to place toll-gatherers, to collect and receive said toll, and also 
to employ such other servants, and agents, and do any other 
matter or thing relative to said bridge, and the collection and 
receipt of the toll, as may be thought advisable : provided, how- Proviso. 
ever, that all monies which may be received, according to the 
provisions of this act, shall be held by the treasurer of the Com- 
monwealth, subject to the order of the Legislature. [^March 
24, 1832.] Add. acts, 1833 ch. 219 : 1834 ch. 131 : 1835 
ch. 155. See resolve Apr. 16, 1836. 

An Act to incorporate the Lowell Bleachery. ClxCLT), 2. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same. That Jonathan Derby, John Clark, and Augustus persons incor- 
H. Fiske, their associates, successors and assigns, be, and they poraied. 
hereby are made a corporation by the name of the " Lowell 
Bleachery," for the purpose of bleaching, coloring, printing and 
finishing cotton and woollen goods in the town of Lowell, in the 
county of Middlesex, and for this purpose shall have all the pow- Powers and du- 
ers and privileges, and be subject to all the duties and require- "^^• 
ments, contained in an act, entitled " an act defining the general i829ch.53. 
powers and duties of manufacturing corporations," passed the 
twenty-third day of February, in the year of our Lord one thou- 
sand eight hundred and thirty. 

Sect. 2. Be it further enacted. That the said corporation Real and per- 
may lawfully be seized and possessed of such real estate, not ex- son^l estate, 
ceeding the value of fifty thousand dollars, and such personal 
estate, not exceeding the value of one hundred thousand dollars, 
as may be necessary and convenient for the purposes aforesaid. 
[Jan. 18, 1833.] 

An Act giving additional powers lo the National Insurance Company, in Boston. CHctp. 3. 

BE it enacted by the Senate and House of Representatives, 1825 ch. 44. 
in General Court assembled, and by the authority of the same, ^^^^ '^^- ^^■ 
That, from and after the passage of this act, the National Insur- Additional pow. 
ance Company, in Boston, in addition to the powers which it ^"' 
now has, shall have authgrity to take and insure against marine 
risks, and, for this purpose, said company shall have all the pow- 



280 1833. Chap. 3—5, 

ers and privileges of a marine insurance company, and be sub- 
ject to all the duties and liabilities in relation to marine insurance, 
specified in an act, passed on the sixteenth day of February, in 
the year of our Lord one thousand eight hundred and eighteen, 

1817 ch. 120, entitled " an act to define the powers, duties and restrictions of 
insurance companies," and in an act, passed on the sixth day of 
February, in the year of our Lord one thousand eight hundred 

1832 ch. 93. and thirty-two, entitled " an act in addition to an act to define 
the powers, duties and restrictions of insurance companies." 
[Jon. 21, 1833.] 

f^hnn A An Act in addition to " An Act to incorporate the Protection Insurance Company." 

1832 di. 6. Sect. 1. BE it enacted by the Senate and House of Rep- 

resentatives., in General Court assembled, and by the authority 

Repeal. of the Same, That the second section of said act be, and the 

same is hereby repealed. 

Capital stock. Sect. 2. Be it further enacted, That the capital stock of 

said company shall be two hundred thousand dollars, and shall be 
divided into shares of one hundred dollars each, one hundred 
and fifty thousand dollars of which shall be paid in money, within 
sixty days after the first meeting of said company, and the re- 
maining fifty thousand dollars within one year from the twentieth 
day of January current, in such instalments, and under such pen- 
alties 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 time of the first meeting of said company ; and 
if the provisions of this act and of the act to which this is in ad- 
dition shall not have been complied with in one year from the 
last named date, both of the same shall be void. [Jan. 21, 
1833.] 

f^hnn c; An Act in addition to " An Act to incorporate the Boston and Providence Rail-road 
i^nap. O. Corporation.'- 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
Annual meet- the Same, That the time for holding the annual meeting of the 
'"S- members of said corporation shall be on the first Wednesday of 

June, at which meeting seven directors shall be chosen, four of 
whom shall form a quorum for the transaction of business, at any 
meeting of the directors duly notified. 
Original sub- Sect. 2. Be it further enacted, That all persons who were 

repreTeji°atives Originally Subscribers to the stock of said corporation, or their 
liable for assess- Jegal representatives, and any subsequent grantees, the transfers 
to whom have been or may be exhibited to the treasurer or other 
officer authorized by the by-laws of the corporation to issue cer- 
tificates, shall be considered as subscribers within the meaning of 
the original act of incorporation, and shall be liable for all assess- 
ments made on their shares while they shall continue to be stock- 
holders. And no conveyance of any shares shall be valid to hold 
the same against any other person or persons but the grantor or 
grantors, and his or their executors or administrators, unless the 
conveyance is in writing, and recorded by the said treasurer or 
other officer. 



1831 ch. 56. 

1832 ch. 74 



1833. Chap. 5— -7. 281 

Sect. 3. Be it further enacted, That, in case the said cor- Estimate of 
poration shall not be able to obtain the land which they may take <^amages. 
for said road, or for the proper construction and security thereof, 
by voluntary agreement with the owner or owners of said land, 
the said corporation, as well as the said owner or owners, may 
apply to the county commissioners of the county where the said 
land lies, to estimate the damages occasioned by taking the same. 
And in case either party is dissatisfied with the estimate thus 
made by the commissioners, he or they may apply for a jury up- 
on this subject at the next regular meeting of said commissioners. 
And no application to said commissioners to estimate said dam- 
ages shall be sustained, unless made within one year from the 
time of completing that portion of the road for which said land is 
taken. 

Sect. 4. Be it further enacted, That every thing contained Repeal, 
in the original act of incorporation, inconsistent with the provi- 
sions of this act, be, and the same hereby is repealed. [Jan. 
23, 1833.] Add. acts, 1834 ch. 171 : 1835 ch. 46 : 102 : 1836 
eh. 254. 

An Act to incorporate the " Pittsfield Cotton Mills." f^hnti fi 

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

sentatives, in General Court assembled, and by the authority of 
the same, That Samuel M. McKay, Curtis T. Fenn, Enoch Persons incor- 
White and Ebenezer White, their associates, successors and por^ted. 
assigns, be, and they hereby are made a corporation, by the name 
of the "Pittsfield Cotton Mills," for the purpose of manufactur- 
ing cotton and woollen goods and machinery in the town of Pitts- 
field, in the county of Berkshire, and for this purpose shall have Powers and du- 
all the powers and privileges, and be subject to all the duties and ^'^s- 
requirements, contained in the act passed 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 du- 1829 ch. 53. 
ties of manufacturing corporations." 

Sect. 2. Be it further enacted. That the capital stock of Capital stock 
said corporation shall not exceed the sum of two hundred thou- and real estate, 
sand dollars, and that said corporation may be lawfully seized 
and possessed of such real estate as may be necessary and conve- 
nient for the purpose aforesaid, not exceeding in value the sum 
of seventy-five thousand dollars. [Jan. 23, 1833.] 

An Act to incorporate the Middlesex Paper Manufactory. ChdV 7 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority 
of the same, That William Hilliard, Charles C Little, Nathan Persons incor- 
Hale, Eliab W. Metcalf, Lemuel Shattuck and .Tames Brown, po^^ted. 
with such other persons as already have associated, or may here- 
after associate with them, their successors and assigns, be, and 
they hereby are made a corporation, by the name of the Middle- 
sex Paper Manufacturing Company, for the purpose of manufac- 
turing paper in the town of Lowell, in the county of Middlesex, 
and for this purpose shall have all the powers and privileges, and 
VOL. VII. 36 



282 



1833.- 



-Chap. 7—8. 



Powers and du- 
ties. 



1829 ch. 53. 



Capital stock 
and real estate. 



Chap. 8. 



Persons incor- 
porated. 



Powers and 
duties. 



1817 ch. 120. 



1832 ch. 95. 



Real estate. 



Capital stock. 



Limitation of 
risks. 



Location. 



be subject to all the duties and requirements, contained in an 
act passed the twenty-third day of February, in the year of our 
Lord one thousand eight hundred and thirty, entided " an act de- 
fining the general powers and duties of manufacturing corpora- 
tions." 

Sect. 2. Be it further enacted. That the capital stock of 
said corporation shall not exceed the sum of one hundred thou- 
sand dollars, and that the said corporation may be lawfully seized 
and possessed of such real estate as may be necessary and con- 
venient for the purposes aforesaid, not exceeding the value of fifty 
thousand dollars. [Jan. 23, 1833.] 

An Act to incorporate the Lynn Mechanics Fire and Marine Insurance Company. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That Isaiah Breed, Micajah C. Pratt, Daniel Breed, 
Francis S. Newhall, their associates, successors and assigns, be, 
and they are hereby incorporated and made a body politic, by the 
name of the " Lynn Mechanics Fire and Marine Insurance Com- 
pany," for the purpose of making loans, and insurance against fire 
and maritime losses, in the usual and customary manner, with all 
the privileges, and subject to all the duties and obligations, con- 
tained in a law, entitled " an act to define the powers, duties and 
restrictions of insurance companies, "passed on the sixteenth day of 
February, in the year of our Lord one thousand eight hundred and 
eighteen, and in an act in addition thereto, passed March sixth, in 
the year of our Lord one thousand eight hundred and thirty-two, 
entitled " an act in addition to an act to define the powers, duties 
and restrictions of insurance companies," 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 im- 
pleaded, appear, prosecute and defend to final judgment and 
execution, and they may have a common seal, which they may 
alter at pleasure, and they may purchase, hold and convey any 
estate, real or personal, for the use of said company : provided, 
that the real estate shall not exceed the value of five thousand 
dollars, excepting such as may be taken for debt, or held as col- 
lateral security for money due to said company. 

Sect. 2. Be it further enacted. That the capital stock 
of said company shall be fifty thousand dollars, and shall be 
divided into shares of one hundred dollars each, and shall all be 
collected and paid in, in such instalments, and under such provi- 
sions and penalties as the president and directors of said com- 
pany shall order and appoint. 

Sect. 3. Be it further enacted. That said company shall at 
no time take any one risk, by way of a policy of insurance, mar- 
itime loan or otherwise, to a greater amount than seven per cent, 
on their capital actually paid in. And at all elections no one 
stockholder shall be allowed more than ten votes. 

Sect. 4. Be it further enacted, That the Lynn Mechanics 
Fire and Marine Insurance Company shall be located in the town 
of Lynn. [Jan. 23, 1833.] 



1833. Chap. 10—11. 283 

An Act to incorporate the Goodale Academy. CflttV. 10. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That Job Goodale, George Grennell, Jr., Amariah Persons incor- 
Chandler, Benjamin Fowler, Josiah W. Canning, P. L. Cush- P"'^'^*^" 
man, Zebina C. Newcomb, John Brooks, Joseph Slate, E. W. 
Carpenter, Samuel W. Chapin, Ralph Cushman and Lyman 
Griswold, their associates and successors, be, and they hereby 
are incorporated as the Trustees of Goodale Academy, in the 
town of Bernardston, and county of Franklin, with power to hold Real and per- 
real and personal estate, not exceeding in value twenty thousand *°°^ ^* ^ ^' 
dollars, to be devoted exclusively to the purposes of education. 
And said corporation shall have all the powers usually incident to 
similar corporations, and may make all necessary by-laws, not 
repugnant to the laws of this Commonwealth. 

Sect. 2. Be it further enacted, That any two of the per- First meeting, 
sons named in this act may call the first meeting of said corpora- 
tion, by giving notice seven days at least previously thereto, in 
any newspaper printed in the county of Franklin. [Jan. 24, 
1833.] 

An Act to incorporate the Nantucket Steam Boat Company. C^hflt) 1 1 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same. That Aaron Mitchell, Philip H. Folger, George B. Persons incor- 
Upton, Thomas Macy and Nathaniel Barney, their associates, P°fa'6<^- 
successors and assigns, be, and they hereby are made a body- 
corporate, by the name of the Nantucket Steam Boat Compa- 
ny, for the purpose of running a steam boat, and two other ves- 
sels not exceeding seventy-five tons each, for the convenience 
of the public travel and the transportation of merchandize be- 
tween Nantucket and New Bedford and the intervening places, 
and by that name are made capable in law to sue and be sued. Powers, 
to plead and be impleaded, to have a common seal, and the same 
to alter and renew at pleasure, and generally to do and perform 
all acts incident to corporations, according to the laws of this 
Commonwealth and the provisions in this act contained. 

Sect. 2. Be it further enacted, That said company may Real and per- 
lawfully purchase, hold and convey real estate, not exceeding *°°*' estate, 
the value of ten thousand dollars, and personal estate not ex- 
ceeding the value of sixty thousand dollars. 

Sect. 3. Be it further enacted, That the stock of said Shares, 
company shall be divided into shares of twenty-five dollars 
each, and the number of shares in said corporation may be in- 
creased to an amount not exceeding the value of the real and 
personal estate which by this act said corporation is authorized 
to hold, whenever said corporation may deem it expedient, and 
the shares therein shall be deemed personal estate, and shall be 
subject to attachment and sale in like manner as the shares of 
debtors in other corporations. 

Sect. 4. Be it further enacted, That the stockholders of 



284 



1833.. 



-Chap. 11—13. 



Choice of of- 
ficers. 



Assessments. 



Proviso. 



First meeting. 



Chap. 12. 



Persons incor- 
porated. 



Real and per- 
sonal estate. 



First meeting. 



Chap. 13. 



Persons incor- 
porated. 



said company, at a meeting legally warned for that purpose, 
may choose such number of directors as they may deem neces- 
sary, and a secretary and treasurer, all which officers shall annu- 
ally be chosen. And the directors of said corporation shall 
choose one of their number who shall be president of the cor- 
poration ; and all officers so chosen shall hold their offices until 
others are chosen. And said stockholders shall have power to 
make and establish such by-laws, rules and regulations for the 
government of said corporation and its respective officers, as 
they may deem fit, not repugnant to the constitution and laws of 
this Commonwealth. 

Sect. 5. Be it further enacted^ That said corporation shall 
have power to assess on the several members thereof, from time 
to time, such sums of money as they may deem necessary to 
effect the objects of said corporation : provided, that no share 
shall be assessed a greater sum than twenty-five dollars. And 
said corporation may provide for the sale at public auction of 
any share or shares, whereon any assessment shall be due and 
not paid. 

Sect. 6. Be it further enacted^ That any one of the afore- 
said persons is hereby authorized to call the first meeting of said 
company by giving public notice of the same, five days at least 
before the time of said meeting, in any newspaper printed in Nan- 
tucket. [Jan. 26, 1833.] 

An Act to incorporate the Westminster Academy. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That Cyrus Mann, Joseph Chickering, David Brig- 
ham, Joseph G. Kendall, Alonzo Phillips, Sumner Lincoln, 
Flavell Cutting, Samuel Gay, John A. Albro, Ebenezer Per- 
kins and Ezra Wood, their associates and successors, be, and 
they hereby are incorporated by the name of the Trustees of 
Westminster Academy, in the town of Westminster, in the 
county of Worcester, with power to hold real estate not ex- 
ceeding in value five thousand dollars, and personal estate not 
exceeding in value ten thousand dollars, to be devoted exclu- 
sively to the purposes of education, and said corporation shall 
have all the powers usually incident to similar corporations, and 
may make all necessary by-laws, not repugnant to the constitution 
and laws of this Commonwealth. 

Sect. 2. Be it further enacted, That any two of the per- 
sons named in this act, may call the first meeting of said corpo- 
ration by giving personal notice thereof, ten days previous to the 
time of said meeting. [Jan. 30, 1833.] 

An Act to incorporate the Lowell Paper Mills. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same. That Benjamin Loring, Samuel Lawrence, James 
Cook, Joseph A. Chamberlain, W. W. Stone, Benjamin Per- 
kins and T. R. Marvin, their associates, successors and assigns, 



1833. Chap. 13—15. 285 

be, and they hereby are made a corporation, by the name of the 
Lowell Paper Mills, for the purpose of manufacturing paper in 
the town of Lowell, in the county of Middlesex, and for this Powers and 
purpose shall have all the powers and privileges, and be subject <^"^'es. 
to all the duties and requirements, contained in an act passed the 
twenty-third [day] of February, in the year of our Lord one 
thousand eight hundred and thirty, entitled " an act defining the 1829 ch. 53. 
general powers and duties of manufacturing corporations." 

Sect. 2. Be it further enacted, That the capital stock of Capital stock, 
said corporation shall not exceed the sum of one hundred thou- ^" estate, 
sand dollars, and that the said corporation may be lawfully seiz- 
ed and possessed of such real estate as may be necessary and 
convenient for the purposes aforesaid, not exceeding the value of 
fifty thousand dollars. [Jan. 30, 1S33.] 

An Act to incorporate the Centralville Cotton and Woollen Manufacturing Company. (JJidt) \ 4*. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same. That David Lester and Amos Avery, Jr., their as- persons incor- 
sociates, successors and assigns, be, and they are hereby made porated. 
a corporation by the name of the Centralville Cotton and Wool- 
len Manufacturing Company, for the purpose of manufacturing 
cotton and woollen goods in the town of Stockbridge, in the 
county of Berkshire, with all the powers and privileges, and Powers and du- 
subject to all the duties and requirements 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 1^29 ch. 53. 
defining the general powers and duties of manufacturing corpora- 
tions." 

Sect. 2. Be it further enacted, That the said corporation ^^^aUnd per- 
may take and hold 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 ninety thousand dollars, as may be 
suitable and convenient for carrying on the manufactures afore- 
said. [Jan. 30, 1833.] 

An Act establishing the Dividing Line between the towns of Sharon and Foxborough, f^ltnn 1 ^ 
in the County of Norfolk. ^lUljJ. 1 fJ. 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same. That ^'^'^1'"^ 'j|°® 
the following described line be in future established as the di- 
viding line between the towns of Sharon and Foxborough, viz : 
beginning at the Walpole and Sharon corner on Foxborough 
line, thence running south about thirty-two degrees east, about 
three miles to a stake and stones on the line of said towns, near 
Mr. Benjamin Hodges ; thence north sixty-six degrees and for- 
ty-five minutes east, as the line now runs, five chains and twelve 
links to the monument on the west side of Norton road, by the 
burying ground ; thence the same course twenty-nine chains to 
a monument on Low hill at a corner ; thence as the line now 
runs south thirty degrees east, eighty-five chains and fifty links to 
Mansfield line, at a corner of said Sharon and Foxborough, and 



286 



1833.- 



-Chap. 15—17. 



Landing place 
discontinued. 



Chap. 17. 



Persons incor- 
porated. 



all lands on the westerly side of said line, heretofore belonging 
to Sharon, shall be annexed to Foxborough, and all lands on 
the easterly side of said line, heretofore belonging to Foxbor- 
ough, shall be annexed to Sharon. [Jan. 30, 1833.] 

ChCfP. 1 6). ■'^'^ Act to discontinue a Landing or Loading Place in the town of Hingham. 

BE it enacted by the Senate and House of Representatives^ 
in General Court assembled, and by the authority of the same^ 
That the landing or loading place on a piece of uninclosed land 
situated in the town of Hingham, and bounded easterly on La- 
ban Hearsey's homestead, southerly on Sumner street, and 
westerly on Hingham harbor, be, and the same is hereby discon- 
tinued. [Jan. 30, 1833.] 

An Act to establish the South Cove Corporation. 

Sect. 1 . BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same, That John Welles, Edward Tuckerman, Francis J. 
Oliver, Edward D. Clark, Henry H. Fuller, and Abraham A. 
Dame, their associates, successors and assigns, be, and they are 
hereby constituted a body corporate, by the name of the South 
Cove Corporation, and by that name may sue and be sued, pro- 
secute and be prosecuted to final judgment and execution. And 
said corporation shall have power to make and use a common 
seal, and the same to break, alter and renew at pleasure ; and 
may, from time to time, make, ordain and establish all such by- 
laws, rules and regulations, as they shall deem expedient and 
useful to carry into effect the objects of this corporation : provid- 
ed the same be not repugnant to the constitution and laws of the 
Commonwealth. And said corporation may purchase and hold 
real estate, in fee simple or otherwise, to any amount not ex- 
ceeding in value one million of dollars, and personal estate to any 
amount not exceeding in value one hundred thousand dollars, 
necessary to promote the objects of the corporation ; and, in 
general, may do and suffer all other acts and things which bodies 
corporate may and ought to do and suffer. 

Sect. 2. Be it further enacted, That said corporation shall 
have power to purchase, hold and possess any part or all the 
land, wharves and flats, with the buildings and other improve- 
ments thereon standing, lying easterly of Front street, southerly 
of Essex street, and westerly of Sea street in the city of Boston : 
provided, said corporation shall legally acquire the same from the 
lawful proprietors thereof; and said corporation shall have power 
to grant, sell and alien, in fee simple or otherwise, the said cor- 
porate property, or any part thereof ; and to lease, mortgage, 
improve, or otherwise manage the same, in such manner as may 
be deemed most for the interest of said corporation, and by such 
forms of conveyance and contract, as shall by their by-laws be 
provided. 

Sect. 3. Be it further enacted. That the stock and pro- 
perty of said corporation shall be divided into not less than eight 
hundred nor more than twelve hundred shares, certificates of 



Real and per- 
sonal estate. 



Real estate de- 
scribed which 
corporation 
may hold. 



Number of 
shares. 



1833. Chap. 17. 287 

which shall be issued under the seal of the corporation, and be 
signed by the president and treasurer thereof, and said shares 
shall be deemed and taken to be personal estate, and may be 
transferred by an assignment on the back of the certificate, and 
recorded by the clerk of said corporation in a book to be kept for 
that purpose, and shall be liable to attachment on mesne process, 
and sale on execution, in the manner and according to the form 
of the statutes making provision for the attachment and sale of 
shares of debtors in incorporated companies. 

Sect. 4. Be it further enacted, That the real estate and Real estate lia- 
property of said corporation shall be liable to be attached on '''^ '° a'^ach- 
mesne process, and be set off and sold on execution against the 
corporation, in the same manner as the property or estate of in- 
dividuals is by law subject to mesne or final process. 

Sect. 5. Be it further enacted, That the immediate gov- Directors and 
ernment and direction of the affairs of said corporation shall be °^^^'^ officers, 
vested in a board of not less than seven directors, who shall be 
chosen by the members of this corporation, in the manner herein 
after provided, and shall hold their offices until others shall be 
duly elected to fill their places as directors ; a majority of whom 
shall form a quorum for the transaction of business, and shall 
elect one of their own number to be president of the board, who 
shall also be president of the corporation ; and they shall have 
authority also to choose a clerk, who shall be sworn to the faith- 
ful discharge of his duty, and a treasurer, who shall give bonds 
to the corporation, with sureties to the satisfaction of the direc- 
tors, in a sum not less than forty thousand dollars, for the faithful 
discharge of his trust. And the president and directors afore- 
said, for the time being, shall have and exercise, in the name 
and for the benefit of the corporation, all the powers granted in 
this act to said corporation, relative to the purchase, sale, and 
transfer of real estate. 

Sect. 6. Be it further enacted. That the president and di- Depots of rail- 
rectors of said corporation, for the time being, shall have power, ^^ds, streets, 
and they are hereby authorized to take such measures as they 
may deem expedient, to procure the location, upon the flats and 
lands aforesaid, of the rail-roads proceeding from Worcester and 
from Providence, to the city of Boston ; and for that purpose 
may give, grant, sell, or otherwise convey to the Boston and 
Worcester rail-road corporation, or the Boston and Providence 
rail-road corporation, or both, such quantity of ground, lying be- 
tween Sea street and Front street, as shall be necessary for de- 
pots, or terminations, of either or both of said rail-roads ; and 
may enclose said flats with a sea wall, and fill up with mud and 
earth, and make solid ground for the purposes aforesaid, and may 
lay out and extend streets in any direction, from or near said 
depots or termini, to communicate with the existing streets in the 
vicinity, and may fill up and fully complete the same for public 
travel, and may fill up and make lots of building ground contigu- 
ous thereto, for the use and benefit of said corporation. And 
should said streets, in the course thereof, cross any land not em- 



288 



1833.- 



-Chap. 17. 



Water commu- 
nication, how 
preserved. 



General land- 
ing place. 



Assessments. 



braced in the purchases of said corporation, and the same cannot 
be acquired by voluntary agreement, then, in that case, the owner 
or owners thereof shall be entitled to reasonable damage therefor, 
to be estimated and recovered of said corporation, in the manner 
provided by law for the recovery of damages happening by the 
laying out of highways. And, in consideration of the advan- 
tages to be derived from the location and final termination of said 
rail-roads, or either of them, upon the lands aforesaid, said cor- 
poration may give, in the nature of a bonus, to said rail-road 
corporations, or either of them, such sums of money and parcels 
of land, together with such other facilities and advantages as may 
be found useful and profitable to said corporations. And said 
rail-road corporations, or either of them, shall possess and enjoy 
all the benefit of such gifts, grants, sales, and other accommoda- 
tions, made to them, or either of them, for the purposes afore- 
said ; and the right to possess and enjoy the same is hereby 
vested in said corporations ; and all the engagements and agree- 
ments of said rail-road corporations, or either of them, with said 
South Cove corporation, in consideration of the gifts and grants 
aforesaid, shall, in like manner, be enjoyed by, and secured to, 
said South Cove corporation. 

Sect. 7. Be it further enacted^ That should it be found 
expedient, by reason of any defect in the titles to, or contracts 
made for any of said estates, or otherwise, to preserve a water 
communication through the sea wall or streets laid out and made 
as aforesaid, then, and in such case, said corporation shall leave 
an opening through such sea wall or streets near the free bridge, 
sufficiently capacious to preserve the usual flow of the tide waters 
in said cove, and the passage of vessels to said estates. And 
said corporation shall construct suitable and convenient draws 
over the same, which shall, in all respects, be well adapted to 
the public wants, and shall be holden to maintain and keep said 
draws in good repair, and shall raise and lower the same, at all 
times of day and night, for the accommodation of all persons 
passing through and over the same ; and for any neglect so to 
do, said corporation shall be holden to pay reasonable damage, 
which may be recovered by an action on the case, before any 
tribunal competent to hear and determine the same. 

Sect. 8. Be it further enacted, That said corporation may 
locate and set apart such quantity of land, made as aforesaid, as 
may be necessary for a general landing place or place of deposit 
for wood, lumber, stone, and other bulky articles, which may be 
transported to or from the interior, on said rail-roads ; and may 
charge and receive according to the accustomed rates of wharf- 
age in the city of Boston, for the use and privilege of landing 
thereon. 

Sect. 9. Be it further enacted, That the directors of said 
corporation may make such equal assessments upon the shares 
aforesaid, from time to time, as they may deem expedient and 
necessary to effect the objects of the corporation, and may direct 
the same to be paid to the treasurer thereof, and if the proprietor 



common sew- 
ers. 



1833. Chap. 17. 289 

of any share shall neglect or refuse to pay any assessment, for Sale of shares 
the space of thirty days from the time the same shall have been to pay assess- 
due, the directors may order the treasurer to sell said share or 
shares at public auction, to the highest bidder, after giving due 
notice thereof, and the same shall be transferred to the pur- 
chaser ; and said delinquent proprietor shall be holden to pay 
said corporation the balance, if his share or shares shall sell for 
less than the amount assessed 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 assessment due, with the interest and 
cost of sale : provided^ hoicever^ that no assessments shall be laid Proviso, 
on any share in said corporation of a greater amount in the whole, 
than five hundred dollars on each share. 

Sect. 10. Be it further enacted, That either of the persons First meeting, 
named in the first section of this act may call the first meeting of 
said corporation, by advertising said meeting three times pre- 
viously, in any newspaper printed in Boston. And the corpo- 
ration, at their first meeting, and afterwards annually, at such 
time as shall be established by the by-laws of said corporation, 
shall choose said board of directors by ballot; each proprietor Right of voting, 
being entitled to as many votes as he may hold shares in said 
corporation. Members may vote by proxy in writing. 

Sect. 11. Be it further enacted, That said corporation shall Drains and 
be holden to extend and carry out all drains and common sewers 
which have their present termination in said cove, before they 
shall so fill up said cove as to obstruct and affect their use ; and 
the same shall be done in such manner as shall be approved by 
the mayor and aldermen of the city of Boston. And if any other 
drains or common sewers shall from time to time hereafter be 
made by said mayor and aldermen into said cove, as far as it shall 
have been filled up at the time of making such other drains or 
common sewers, and the said corporation shall thereafter further 
proceed to fill up said cove beyond the termination of such other 
drains or common sewers, then the said corporation shall be fur- 
ther holden to extend and carry out from time to time, such other 
drains and common sewers before the said cove shall be farther 
filled up, so that the said filling up shall not obstruct and affect 
the use of such other drains and common sewers. 

Sect. 12. Be it further enacted, That all the members of a South Cove 
certain joint stock company, called " The South Cove Compa- memberf &c^^ 
ny," are hereby constituted and made members of this corpora- 
tion, in conformity with certain principles and provisions, con- 
tained in an instrument creating and establishing said company, 
and bearing the signatures of its several members : and, as stock- 
holders in said company, they shall severally be entitled to cor- 
responding amounts of stock in this corporation, and shall be 
subject to all the provisions contained in said instrument, and the 
by-laws of this corporation relative to assessments and transfer of 
shares ; and shall also remain subject to the provisions of said 
agreement in relation to certain covenants contained therein, with 
the Boston and Worcester Rail-road Corporation. 

VOL. vn. 37 



290 1833. Chap. 17—18. 

Laying out of Sect. 13. Be it further enacted^ That, before any street or 
streeu, &c. streets which may be laid out and made by said corporation upon 
the lands and flats aforesaid, shall be extended across the lands of 
any individual or corporation, to communicate with any of the 
existing streets in that vicinity, said corporation shall deposit a 
plan with the mayor and aldermen of the city of Boston, upon 
which plan the location of any street or streets contemplated to 
be made and extended as aforesaid, shall be fully and particularly 
described. And said mayor and aldermen shall thereupon issue 
notice in such form and manner as they shall deem proper and 
expedient, that all persons interested may appear before them, at 
such time and place, as said mayor and aldermen shall appoint, to 
shew cause, if any they have, why said corporation should not 
make or extend such street or streets, across the lands of such 
person or corporation, agreeably to the provisions contained in 
the sixth section of this act. And said mayor and aldermen, at 
the time and place appointed, as aforesaid, shall hear the parties, 
and determine upon the expediency of extending such street or 
streets in manner aforesaid. And if, upon such hearing, said 
mayor and aldermen shall be of opinion that the public necessity 
and convenience require the extension of such street or streets, 
they shall have power to authorize the extension thereof. And 
all streets so authorized shall be taken and deemed to be public 
highways. 

Sect. 14. Be it further enacted, That this act shall con- 
tinue in force forty years from the passing thereof. [Jan. 31, 
1833.] 

Cho/D 1 8 ■^^ ^^'^ *° incorporate the New Bedford Mechanics Association. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
Persons incor- the same, That Barzillai Luce, Oliver Swain, J. G. Harris, cit- 
porate . izens of New Bedford, their associates, successors and assigns, 

be, and they hereby are made a corporation, by the name of the 
New Bedford Mechanics Association, and by that name may sue 
and be sued, defend and be defended, in any court of record, or 
other place whatsoever ; may have a common seal, and the same 
may alter at pleasure ; may make such by-laws, rules and regu- 
lations, not repugnant to the constitution and laws of the Com- 
monwealth, as to them may seem necessary and convenient for 
the government of said corporation, and the prudent management 
of their property. 
Real and per- Sect. 2. Be it further enacted, That the said corporation 
sonal estate. j^gy ^g lawfully seized and possessed of such real and personal 
estate, not exceeding thirty thousand dollars in value, as may en- 
able them to erect and maintain, in the town of New Bedford, a 
public edifice which may contain a convenient lecture room, hall or 
halls suitable for the accommodation of public assemblies of the citi- 
zens, apartments suitable for mechanics' libraries, reading rooms, 
and schools of instruction in mechanic science and arts, and for 



1833. Chap. 18—20. 291 

any other purpose not incompatible with the laws of the Com- 
monwealth, and tending to promote morals, and mental culture. 

Sect. 3. Be it further enacted^ That the estate of said Shares, 
corporation may be divided into shares, and the same transferred 
by certificate, as personal property, agreeably to the by-laws of 
said corporation. 

Sect. 4. Be it further enacted, That any two of the per- First meeting, 
sons named in this act may convene the first meeting of said cor- 
poration, by publishing a notice of the time and place thereof, in 
any of the newspapers established in the town of New Bedford, 
ten days at least previously thereto, at which meeting, and at ad- 
journments of the same, said corporation shall complete their or- 
ganization and make their by-laws. [Feb. 4, 1833.] 

An Act to annex a Gore of Land to the town of Hardwick. CfldT) 19 

BE it enacted bij the Senate and House of Representatives y 
in General Court assembled, and by the authority of the same, 
That the gore of land lying at the southeasterly part of the town Boundary line 
of Hardwick, and adjoining said town, called Hardwick Gore, established, 
containing about two hundred acres, and described as follows : 
beginning at a monument in the pond above Anderson's mill, at 
a place where the westerly line of New Braintree leaves Ware 
river, thence on the said westerly line of New Braintree south 
fourteen degrees east, one hundred and twenty-two rods to a stone 
monument, thence south thirty-seven degress west, two hundred 
and eighty-nine rods, to another stone monument, at the south- 
west corner of New Braintree and northeast corner of Ware, 
thence north eighty-seven degrees west, thirty-six rods, to said 
Ware river, thence on the said river northerly four hundred and 
twenty-one rods, to the southeast corner of Hardwick, thence 
sixty-one rods to the place of beginning, together with the Inhab- 
itants thereof, be, and the same is hereby annexed to the town of 
Hardwick, in the county of Worcester ; and said inhabitants shall 
be liable to the same duties and entitled to the same privileges as 
the other inhabitants of the same town. [Feb. 6, 1833.] 

An Act to incorporate the Union Fire and Marine Insurance Company, in the town of CJhrfn 20 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same. That Henry A. Breed, William Chase, Caleb Wiley, Persons incor- 
Samuel T. Huse, and Jeremiah C. Stickney, their associates, poi^^'ed. 
successors and assigns, be, and they are hereby incorporated and 
made a body politic, by the name of the " Union Fire and Ma- 
rine Insurance Company, in the town of Lynn," for the purpose 
of making loans and insurance against fire and maritime losses, in 
the usual and customary manner, with all the privileges, and sub- Powers and du- 
ject to all the duties and obligations, contained in a law, entitled ''®^' 
" an act to define the powers, duties and restrictions of insurance I8i7ch. 120. 
companies," passed on the sixteenth day of February, in the year 
of our Lord one thousand eight hundred and eighteeen, and in an 
act in addition thereto, passed March sixth, in the year of our 



292 



1833.- 



■Chap. 20—^ 



1832 ch. 95. 



Real estate. 



Capital stock. 



Limitation of 
risks. 



Location. 



Chap.2\ 



Persons incor- 
porated. 



Powers and du- 
ties. 



1829 ch. 53. 



Real and per- 
sonal estate. 



Chap. 23. 



Persons incor- 
porated. 



Lord one thousand eight hundred and thirly-two, entitled "an 
act in addition to an act to define the powers, duties and restric- 
tions of insurance companies," 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 execu- 
tion, and they may have a common seal, which they may alter at 
pleasure, and they may purchase, hold and convey any estate, 
real or personal, for the use of said company : provided, that 
the real estate shall not exceed the value of five thousand dollars, 
excepting such as may be taken for debt, or held as collateral se- 
curity for money due to said company. 

Sect. 2. Be it further enacted, That the capital stock of 
said company shall be fifty thousand dollars, and shall be divided 
into shares of one hundred dollars each, and shall all be collected 
and paid in, in such instalments, and under such provisions and 
penalties, as the president and directors of said company shall 
order and appoint. 

Sect. 3. Be it further enacted, That said company shall at 
no time take any one risk, by way of a policy of insurance, mari- 
time loan, or otherwise, to a greater amount than seven per cent, 
on their capital actually paid in. And, at all elections, no one 
stockholder shall be allowed more than ten votes. 

Sect. 4. Be it further enacted, That the Union Fire and 
Marine Insurance Companv shall be located in the town of Lvnn. 
[Feb. 6, 1833.] 

An Act to incorporate the Housatonic Manufacturing Company. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same. That Sprowell Dean and Perley D. Whitmore, their 
associates, successors and assigns, be, and they are hereby made 
a corporation, by the name of the Housatonic Manufacturing 
Company, for the purpose of manufacturing cotton yarn and cot- 
ton cloth, in the town of Great Barrington, in the county of Berk- 
shire, 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 twenty-third day 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 manufacturing corporations. " 

Sect. 2. Be it farther enacted, That said corporation may 
lawfully hold and possess such real estate, not exceeding fifty 
thousand dollars, and such personal estate, not exceeding one 
hundred thousand dollars, as may be necessary and convenient 
for the purposes aforesaid. [^Feb. 6, 1833.] 

An Act to incorporate the Roxbury India Rubber Factory. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same, That Lemuel Blake, Luke Baldwin, Edwin M. 
Chaffee and Charles Davis, Jr., together with such other persons 
as may become associates with them, their successors and as- 



1833. Chap. 2S—25. 293 

signs, be, and they hereby are created a body corporate, by the 
name of the Roxbury India Rubber Factory, for the purpose of 
manufacturing, at Roxbury, in the county of Norfolk, India rub- 
ber cloth and leather, and other India rubber goods, and for this 
purpose shall have all the powers and privileges, and shall be sub- Powers and 
ject to all the duties and requirements, contained and provided in ^"i'^^. 
and by an act passed on the twenty-third day of February, in the 
year of our Lord one thousand eight hundred and thirty, entitled 
" an act defining the general powers and duties of manufacturing 1829 ch. 53. 
corporations." 

Sect. 2. Be it further enacted, That the said corporation Real and per- 
may take and hold such real estate at said Roxbury, not exceed- s°"^' estate, 
ing in value the sum of five thousand dollars, and such personal [feas°ed"\'834 
estate, not exceeding in value twenty-five thousand dollars, as ch.6; I'sssch. 
mav be suitable for carrying on the manufacture aforesaid. [^Feh. ^^1 
11,' 1833.] Add. acts, 1834 ch. 6 : 1835 ch. 26. 

An Act to incorporate the First Christian Baptist Society in Westport. C/hciV' 24;. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same, Tiiat Rowland Tripp, Benjamin Tripp and Jona- Persons incor- 
than Booth, together with such other persons as may hereafter P°'"^*^ • 
associate with them, and their successors, be, and they hereby 
are incorporated as a religious society, by the name of the First 
Christian Baptist Society in Westport. with all the privileges, 
powers and immunities, and subject to all the duties and liabili- 
ties, to which parishes and other religious societies are entitled 
and subjected by the constitution and laws of this Commonwealth. 

Sect. 2. Be it further enacted, That said society may hold Real and per- 
by grant, gift, devise, purchase, or otherwise, real and personal ^°"^' estate, 
estate to any amount, not exceeding ten thousand dollars, for the 
use of said society. 

Sect. 3. Be it further enacted, That any three of the per- First meeting, 
sons named in this act may call the first meeting of said society, 
by giving fourteen days public notice of the time and place of 
holding the same, by posting notification thereof on the door of 
the meeting-house of said society. [Feb. 11, 1833.] 

An Act to incorporate the Lycoming Coal Company. f^hfin 2^1 

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

sentatives, in General Court assembled, and by the authority of 
the same, That Thomas H. Perkins, Edmund Dwight, Patrick Persons incor- 
T. Jackson, George W. Lyman, William Lyman, Elihu Chaun- P"'-^^^'^- 
cy, Thomas J. Biddle, William B. Farrand, and their associ- 
ates, successors and assigns, be, and they hereby are made a 
corporation, by the name of the Lycoming Coal Company, for 
the purpose of digging and vending coals, and shall have all the 
powers and privileges, and be subject to all the duties and re- Powers and du- 
quirements, contained in an act passed 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 du- 1829 ch. 53. 
ties of manufacturing corporations." 



294 



1833.- 



■Chap. 25—27. 



Boundary line 
established. 



Real and per- Sect. 2. Be it further enacted, That tlie said corporation 
sonal estate. ^^^^ lawfLilly hold siich real estate, not exceeding in value two 
hundred and fifty thousand dollars, and such personal estate, not 
exceeding in value three hundred and fifty thousand dollars, as 
may be necessary for carrying into effect the purposes of this act. 
Certificates. Sect. 3. Be it further enacted, That the certificates re- 

specting the capital stock, required by the aforesaid act to be 
filed and recorded in the registry of deeds, shall be made by the 
officers of this corporation, and shall be filed and recorded in the 
registry of deeds for the county of Suffolk, and in the county 
where the major part of the real estate belonging to the corpora- 
First meeting, tion may be situated, and the first meeting of said corporation 
shall be held in Boston, at such time and place as shall be ap- 
pointed by a majority of the persons named in this act, who shall 
give notice thereof by publication in some newspaper printed in 
Boston, fourteen days at least before the lime of meeting. {Feb. 
11, 1833.] 

ChctJ)t 26. ^^ ^'^'^ '•° ^^' "'^^ P'^''' of Holliston, and annex the same to the town of Framingham. 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, 
That all that part of the town of Holliston, in the county of Mid- 
dlesex, which lies northerly of the line herein after mentioned, 
be annexed to, and become a part of the town of Fratningham. 
Said line shall begin at a stone boundary on the central line of 
Sudbury river, so called, a little above the dam at Shepard's pa- 
per mill, and thence run south, eighty-nine degrees east, about 
one hundred and fifty rods, to a stone boundary on land of Elias 
Grout, on the line between said towns. [Feb. 11, 1833.] 

An Act to incorporate the " Dyer Pocket Book Manulacturing Company." 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same. That James Dyer, John Marsh and Andrew J. 
Allen, together with such other persons as may hereafter asso- 
ciate with them, their successors and assigns, be, and they 
hereby are made a corporation, by the name of the " Dyer 
Pocket Book Manufacturing Company," for the. purpose of 
manufacturing fancy articles of morocco, wood, shell, pearl, and 
similar materials, in the city of Boston, and for that purpose 
shall have all the powers and privileges, and be subject to all 
the duties and requirements, contained in an act entitled " an act 
defining the general powers and duties of manufacturing corpo- 
rations," passed February twenty-third, in the year of our Lord 
one thousand eight hundred and thirty. 

Sect. 2. Be it further enacted. That said corporation 
may be lawfully seized of such real estate, not exceeding the 
value of twenty thousand dollars, and such personal estate, not 
exceeding the value of thirty thousand dollars, as may be neces- 
sary and convenient for establishing and carrying on the manu- 
facture of the articles aforesaid, in the said city of Boston. [Feb. 
IJ, 1833.] 



Chap. 27. 



Persons incor- 
porated. 



Powers and 
duties. 

1829 ch, 53. 



Real and per- 
sonal estate. 



1833. Chap. 28. 296 

An Act incorporating the Boston Mutual Fire Insurance Company. f^hrirt ^fi 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resenlatives, in General Court assembled^ and by the authority 
of the same, Tliat Henry J. Oliver, Benjamin Fisk, Caleb Ed- Persons incor- 
dy, and their associates, successors and assigns, are hereby con- por^'ed. 
stituted a body politic and corporate, by the name of the Bos- 
ton Mutual Fire Insurance Company, with all the powers and Powers and 
privileges incident to such corporations, and subject to all the ""^*" 
duties and obligations contained in a law entitled " an act to de- I8i7ch. 120. 
fine the powers, duties and restrictions of insurance companies," 
passed on the sixteenth of February, in the year of our Lord 
one thousand eight hundred and eighteen, and in an act in addition 
thereto, entitled "an act in addition to an act to define the 1832 ch. 95. 
powers, duties and restrictions of insurance companies," passed 
March sixth, in the year of our Lord one thousand eight hun- 
dred and thirty-two, for the term of twenty-eii^ht years. 

Sect. 2. Be it further enacted, That when (he sum sub- When auihoriz- 
scribed to be insured shall amount to two hundred thousand dol- ed to insure, 
lars, said corporation may insure for the term of from one to 
seven years, any buildings, goods or moveables whatsoever in 
this Commonwealth, to any amount not exceeding three fourths 
of the value of the property insured. 

Sect. 3. Be it further enacted. That the funds of said Investment and 

,,,,.'' , . , -^ , , . appropriation 

corporation sliall be nivested in stocks, or loaned on security, as of funds. 
the directors may order, and shall be appropriated first to pay 
the expenses of the corporation, and next to pay the damages 
which any member may be entided to recover on his policy. 
In case any member shall have a just claim upon the corpora- 
tion exceeding the amount of their then existing funds, the di- 
rectors shall, within thirty days, assess such sum as may be ne- 
cessary, on the members in proportion to the amount of their 
premiums and deposits for seven years, but not to exceed triple 
the amount of such premiums and deposits. 

Sect. 4. Be it further enacted, That, when any member Executions, 
shall recover judgment against said corporation, he may levy his levied, 
execution on their estate or funds, but if sufficient estate or 
funds cannot be found, he may levy the same on the private 
property of any of the directors : provided, they first refuse or 
neglect, for the space of sixty days, to satisfy the execution af- 
ter formal demand made upon them for that purpose ; and any 
director whose property may be thus taken, may sustain an ac- 
tion of the case against the corporation to recover full and ade- 
quate damages therefor : and provided, also, that the directors 
shall not be liable beyond the amount stated in the third section 
of this act. 

Sect. 5. Be it further enacted, That each policy of in- Policies shall 
surance shall, of itself, without any other ceremony, create a bulkifn^s'T" °" 
lien on any building insured, and on the land under it, for the sured. 
payment of the premium and deposit money stipulated in said 
policy, and of all assessments lawfully made by virtue thereof ; 
but this provision shall not prevent the taking of other collateral 



296 1833. Chap. 28—29. 

security ; and in case it should become necessary to resort to 
Proceedings in the Hen on the property insured, the treasurer shall demand pay- 
t'oHen.'^ "^^^""^^ ment of the insured, or his legal representative, and likewise of 
the tenant in possession, and in case of non-payment the corpo- 
ration may sustain 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 no- 
tice, and proceeding in the same manner as is required in the sales 
of equities of redemption on execution, and the owner shall have a 
right to redeem the estate by paying the costs of sale, the 
amount of the execution, and twelve per cent, interest thereon, 
within one year from the time of sale. 
Real estate. Sect. 6. Be it further enacted^ That this corporation may 

purchase, hold and convey any real estate for the use of said 
company, not exceeding fifty thousand dollars, excepting such 
as may be taken for debt, or held as collateral security for mo- 
ney due said corporation. 
Members. Sect. 7. Be it further enacted. That all persons, insuring 

at the office of the said company, shall be deemed and taken to 
be members of said corporation, and at all meetings, not less 
than fifteen iTiembers of said corporation shall constitute a quor- 
um for the transaction of business, and each member shall have 
as many votes as he has policies. [Feb. 16, 1833.] 

\^lLU/p, Ziij, j^jj ^j,.p iQ incorporate the Proprietors of Saint James's Church in Roxbury. 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
Persons incor- qf the Same, That Peter Wainwright, Jr., Otis Pierce, Charles 
porate . -^ Greene, all of Roxbury, and their associates and succes- 

sors, are hereby incorporated, as a protestant episcopal society 
and body politic, by the name of " the Proprietors of St. 
James's Church in Roxbury," with all the powers and privileg- 
es of other like religious societies, according to the constitution 
and laws of this Commonwealth, and the right and usages of the 
protestant episcopal church in the United States. Tiie persons 
named, and their associates, to be and continue members of said 
corporation uniil there shall be a sale of pews in such church as 
they may build, and from and after such sale, owners of pews 
therein shall alone be members of said corporation, 
sonalestat'e^'^' Sect. 2. Be it further enacted, That said corporation may 
take and hold estate, real and personal, by gift, purchase or oth- 
erwise, the income of which shall not exceed twelve hundred dol- 
lars per year, and the corporation shall have power, at any le- 
gal meeting held for the purpose, to authorize the wardens of 
said church to transfer and convey the whole or any part of the 
real or personal estate, which said corporation may hold or pos- 
sess, and to execute good and sufficient deeds of the same, in 
fee simple or otherwise, as the corporation jay vote duly record- 
ed may determine. 



1833. Chap. 29—33. 297 

Sect. 3. Be it further enacted, That said corporation may By-laws and 
pass such by-laws as they may deem fit, not repugnant to the *'""«' meeting, 
constitution and laws of this Commonwealth, and the first meet- 
ing may be called by either of the persons named in the first 
section of this act, by publishing a notice thereof, at least three 
times in any newspaper printed in the county of Norfolk or Suf- 
folk, ten days at least before said meeting. [Feb. 16, 1833.] 

An Act for the extension and erection of Wharves on the eastern shore of Appone- C/flCip. 31. 
gansett river in the town of Dartmouth. -^ 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, That 
James Rider, Prince Sears, James T. Slocum, Abraham Ai- Erection of 
ken, Samuel Barker, Caleb Sanford, Matthews Thatcher, Abra- ^Jarves author- 
ham Tucker, be, and they hereby are authorized and allowed to 
repair, build and extend wharves, at all points on the eastern 
shore of said Apponegansett river from the Blue Rock, so called, 
up said river, to Abraham Tucker's wharf, said wharves to 
extend a distance not exceeding fifteen rods from high water 
mark in said river : provided, that this grant shall in no wise in- Proviso, 
terfere with the legal rights of any other person or persons what- 
soever. [Feb. 16, 1833.] 

An Act to incorporate the Taunton Briltania Manufacturing Company. CflflTt 32 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That Horatio Leonard, James W. Crossman, Haile Persons incor- 
Wood, Daniel S. Cobb, and Haile N. Wood, their associates, P"'^'^*^' 
successors and assigns, be, and they hereby are made a corpora- 
tion, by the name of the Taunton Brittania Manufacturing Com- 
pany, for the purpose of manufacturing brittania ware in the town 
of Taunton, in the county of Bristol ; and for this purpose shall Powers and du- 
have all the powers and privileges, and be subject to all the du- ^'^*' 
ties and requirements, contained in an act passed the twenty- 
third day of February, in the year of our Lord one thousand 
eight hundred and thirty, entitled " an act defining the general 1829 ch. 53. 
powers and duties of manufacturing corporations." 

Sect. 2. Be it further enacted. That the said corporation Real and per- 
may be lawfully seized and possessed of such real estate as may *°*'^' estate. 
be necessary and convenient for the purposes aforesaid, not ex- [Capital in- 
ceeding the value of fifteen thousand dollars, and of personal es- ch^Tsn^^^ 
tate not exceeding the value of twenty-five thousand dollars. 
[Feb. 16, 1833.] Add. act, 1834 ch. 121. 

An Act in addition to "An Act to incorporate Joshua Tliomas, Esquire, and others, (^hnn ^^ 
for the purpose of conveying fresh water by pipes in the town of Plymouth." F' ' 

Sect. 1. BE it enacted by the Senate and House of Repre- Jy^l*^*^'^ j 
sentatives, in General Court assembled, and by the authority of 
the same. That the proprietors of the Plymouth aqueduct be. Conveyance of 
and they are hereby authorized to convey water in said town of ^^^ '' ^"^''°''" 
Plymouth, in the manner provided in the act to which this is in 
addition, from any spring or springs on the margin of the Town 
Brook, so called, in said town, and within twenty rods of either 

VOL. VII. 38 



298 



1833.- 



•Chap. 33—34. 



Proviso. 



Repeal. 



Chap. 34. 

1832 ch. 99. 



Increase of cap- 
ital. 



How paid in, 
&c. 



Risks. 



When this act 
shall take effect. 



bank of said brook : provided, that nothing in this act shall au- 
thorize the said proprietors to enter on and make use of private 
property, without consent of the owner. 

Sect. 2. Be it further enacted, That so much of the sixth 
section of the act to which this is in addition, as relates to the 
mode of transferring shares by the owner or owners thereof, be, 
and is hereby repealed, and that the shares in said corporation 
shall be deemed and considered, to all intents and purposes, as 
personal property, and the evidence of ownership therein shall be 
a certificate, signed by the president and countersigned by the 
clerk, and such shares shall be transferred by the owner person- 
ally, or by attorney, upon the books to be kept by the clerk for 
that purpose, and such owner, upon making such transfer, shall 
deliver up his certificate to be cancelled, and the clerk of the 
corporation shall issue a new certificate therefor. \^Feh. 16, 
1833.] 

An Act authorizing the Fishing Insurance Company in Provincetown, to increase 
their capital stock, and to take general marine risks. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That the Fishing Insurance Company in Province- 
town, be, and it hereby is authorized and empowered to increase 
its capital stock, by adding thereto ten thousand dollars, and that 
the number of shares be, and the same hereby is increased to 
eight hundred shares, of fifty dollars each. 

Sect. 2. Be it further enacted, That one half of the ad- 
ditional capital hereby allowed shall be paid in, in like manner as 
is provided for in the original act of incorporation, within sixty 
days from and after the acceptance of this act, and that the 
residue of such additional capital shall be paid in, within one 
year from the passing of this act, at such times, and in such 
instalments, and under such penalties, as the president and direc- 
tors shall, in their discretion, direct and appoint ; and said corpo- 
ration shall proceed to do business on the additional capital, 
according to the amount of capital stock actually paid in, and 
with the like limitations as are provided in the act creating said 
corporation, and that when the additional capital is all paid in, 
the same shall be held, invested, and used in like manner as is 
provided in respect to the original capital stock. 

Sect. 3. Be it further enacted. That said company be, and 
the same hereby is authorized and empowered to take any marine 
risk, whatsoever, under the same liabilities, restrictions and obli- 
gations which said company is now under, in relation to such risks 
as they are now authorized to take. 

Sect. 4. Be it further enacted. That the provisions of this 
act shall not be binding on said company, unless the same shall be 
accepted at a meeting to be held by them pursuant to public no- 
tice, to be given by the president and directors, fourteen days at 
least previous to the holding of said meetirrg. [^Feb. 16, 1833.] 



1833. Chap. 35—36. 299 

An Act in addition to " An Act to authorize the Proprietors of Sargent's Wharf to ex- f^hr/j) 35 
tend the same." -» * 

BE it enacted by the Senate and House of Representatives, 1829 ch. 96. 
in General Court assembled, and by the authority of the same, 
That the proprietors of the wharf in the city of Boston, now Proprietors au- 
called and known by the name of Sargent's Wharf, be, and they tend^iheir° ^^ 
hereby are authorized and empowered to extend and maintain their wharf, 
said wharf into the harbor channel, as far as to a line drawn 
straight from the present northeasterly corner of the Long wharf, 
or Boston Pier, at the end thereof, to a point at the northerly 
end of the said line, intersected by the southeasterly line or side 
of Union wharf, extended straight, as far as the pioprietors of said 
Union wharf are authorized to extend the satne by "an act enti- 1828 ch. 92. 
tied an act to authorize the proprietors of Union wharf to extend 
the same," passed on the twenty-seventh day of February, in the 
year of our Lord eighteen hundred and twenty-nine ; and the 
proprietors of Sargent's Wharf shall have and enjoy the right and 
privilege of laying vessels at the sides and ends of the said wharf, 
and of receiving wharfage and dockage therefor, within the 
boundary lines described and specified in and by the act to which 
this act is in addition : provided, that so much of the said wharf as Proviso, 
may be built in the channel, shall be constructed on piles, and 
shall be parallel with the lines of the dock and common highway, 
established northeasterly of the said Long wharf, by the city of 
Boston, and others : and provided, also, that nothing herein con- 
tained shall be construed to authorize the proprietors of Sargent's 
wharf to lessen or injure the rights or property of the owners of 
any wharves adjoining Sargent's wharf. [Feb. 16, 1S33.] 

An Act to incorporate the Taunton Fire and Marine Insurance Company. ^j n/y 

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

sentatives, in General Court assembled, and by the authority of the 
same, That William Reed, Jacob Chapin,and Charles Godfrey, „ 

, . ' . 1 • I 11 Persons mcor- 

their associates, successors and assigns, be, and they are hereby porated. 
made a body politic, by the name of the Taunton Fire and Ma- 
rine 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 sub- 
ject to all the duties and obligations, contained in a law, entitled duties. 
"an act to define the powers, duties and restrictions of insurance isnch. 120. 
companies," passed on the sixteenth day of February, in the year 
of our Lord one thousand eight hundred and eighteen, and an act 
in addition thereto, passed March sixth, in the year of our Lord one 
thousand eight hundred and thirty-two, entitled "an act in addi- i832ch. 95. 
tion to an act to define the powers, duties and restrictions of in- 
surance companies," 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, pros- 
ecute and defend to final judgment and execution, and they may 
have a common seal, which they may alter at pleasure, and they 
may purchase, hold and convey any estate, real or personal, for 
the use of said company : provided, that the real estate shall not Real estate. 



300 



1833.- 



-Chap. 36—38. 



Location. 



Chap. 37. 



Wharf author- 
ized to be built. 



exceed the value of thirty thousand dollars, excepting such as 
may be taken for debt, or held as collateral security for money 
due to said company. 
Capital stoclc. Sect. 2. Be it further enacted, That the capital stock of 
said company shall be one hundred thousand dollars, and shall be 
divided into shares of one hundred dollars each, and shall all be 
collected and paid in, in such instalments, and under such provi- 
sions and penalties as the president and directors of said company 
shall order and appoint. 

Sect. 3. Be it further enacted^ That the " Taunton Fire 
and Marine Insurance Company," shall be located in Taunton, 
in the county of Bristol. [Feb. 16, 1833.] 

An Act auihorizinff Grafton Norton and Benjamin Worth to construct a Wharf in the 
harbor of Edgarlown. 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same. 
That Grafton Norton and Benjamin Worth be, and they hereby 
are authorized and allowed to Ijuild a wharf in the harbor of Ed- 
gartown, in Dukes county, below low water mark, adjoining the 
land of the said Grafton Norton, and the road leading from the 
new congregational meeting-house to said harbor, into the chan- 
nel of said harbor, until the said wharf shall be extended to where 
there may be a depth of water equal to that of the other wharves 
now erected in said harbor, and that they be allowed all the priv- 
ileges heretofore granted, or that may hereafter be granted to pro- 
prietors of wharves in said harbor, for the use, occupation and 
Proviso. accommodation of said wharf : provided, that this grant shall in 

no wise interfere with the legal rights of any other person or per- 
sons whatever. [Feb. 16, 1833.] 

An Act to incorporate the Salem Street Congregational Society. 

Sect. 1. ^jE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority 
of the same. That John C. Proctor, Daniel .SafFord, Joseph 
Thayer, together with all those persons who now are, or may her^.- 
after become proprietors of pews in the meeting-house, situated on 
Salem street, at the corner of North Bennett street, in the city of 
Boston, be, and hereby are incorporated as a religious society, 
by thenameof the " Salem Street Congregational Society," with 
all the powers, privilege? and immunities to which other reli- 
gious societies in this Commonwealth are entitled by the laws and 
constitution thereof, and subject to all the duties and liabilities to 
vi^hich other religious societies are subject. 

Sect. 2. Be it further enacted, That the said society shall 
have power to take, purchase and hold any estate, real, personal 
or mixed, for the use of said society, and the same to sell, mort- 
gage or otherwise dispose of, as they may see fit : provided, the 
income thereof, exclusive of their meeting-house and land under 
and adjoining it, shall not at any time exceed the sum of two 
thousand dollars per annum. 
Assessments. Sect. 3. Be it further enacted, That the said society be, 



Chap. 38. 



Persons incor- 
porated. 



Real and per- 
sonal estate. 



1833. Chap. 38—39. 301 

and they are hereby authorized to assess upon the pews in their 
meeting-house, any sum or sums of money which shall hereafter 
be voted to be raised by the said society, for the support of pub- 
lic worship and other parochial charges, according to a valuation 
of said pews, which shall be agreed upon by said society ; and all 
assessments upon the pews as aforesaid, may be collected in the 
manner provided by "an act authorizing the proprietors of church- 1817 ch. 189. 
es, meeting-houses, and other houses of public worship, to regu- 
late and manage their property, and interests therein," passed the 
twenty-fourth day of February, in the year of our Lord one 
thousand eight hundred and eighteen. 

Sect. 4. Be it further enacted, That the said society shall By-laws, 
have power to establish such regulations, rules and by-laws, not 
repugnant to the constitution and laws of this Commonwealth, 
for the management of their affairs, as they may from time to time 
see fit. 

Sect. 5. Be it further enacted, That this act shall take ef- When ihis act 
feet and go into operation whenever the proprietors of pews in ^ ^ ta-eeffect. 
said meeting-house shall, at a meeting called for that purpose, ac- 
cept and adopt the same, and not before. [Feb. 16, 1833.] 

An Act to incorporate the Weymouth and Braintree Institution for Savings. C^hflTl SQ 

Sect. 1. BE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same, That Asa Webb, Whitcomb Porter, Warren Persons incor- 
Weston, their associates, and such other persons as may be duly pofated. 
elected, and their successors be, and they are hereby incorpo- 
rated into a body politic, by the name of the "Weymouth and 
Braintree Institution for Savings." 

Sect. 2. Be it further enacted, That the said corporation Deposits of 
shall be capable of receiving from any person or persons, dispos- '"°°^y' 
ed to obtain and enjoy the advantages of said institution, any de- 
posit or deposits of money, and to use and improve the same for 
the purposes and according to the directions herein mentioned 
and provided. 

Sect. 3. Be it further enacted. That all deposits of money Investment and 
received by said institution shall be by them improved to the best po'suT °^ '^^ 
advantage, and be invested in such manner as best to promote 
the objects of the institution, and the income or profits thereof 
shall be by them divided among the persons making the deposits 
aforesaid, their executors, administrators and assigns, in just pro- 
portion, with reasonable deductions for expenses, and the princi- 
pal of such deposits may be withdrawn at such time and in such 
manner as the said institution shall direct and appoint. 

Sect. 4. Be it further enacted, That the said corporation Gencralpowers. 
may have a common seal, which they may alter and renew at 
pleasure ; that all deeds, conveyances, grants, covenants, con- 
tracts and agreements, made by their treasurer, or any other per- 
son or persons, by their authority and direction, shall be good ' 
and valid, and the said corporation shall at all times have power 
to sue, and may be sued, and may defend, and shall be held to 
answer by the name aforesaid. 



302 



1833.- 



■Chap. 39—41. 



Election of 
members. 



Annual meet- 
ing', &c. 



Le^fislative ex- 
ammation. 



By-laws. 



First meetinff. 



Chap, 41. 

18.S2 ch. 127. 

Mauufaclure of 
paper. 



Sect. 5. Be it further enacted^ That the said corporation 
shall at any legal meeting have power to elect by ballot any other 
person or persons as member or members of said institution, and 
any member, upon filing a written notice with the president there- 
of, three months prior, may, at any annual meeting of said cor- 
poration, withdraw, and forever dissolve his connexion with the 
same. 

Sect. 6. Be it further enacted., That the said corporation 
shall hereafter meet at Weymouth, on the first Monday in Janu- 
ary, annually, and at such other times as the corporation shall 
direct, and any seven members of the 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 Janu- 
ary, annually, shall have power to elect, by ballot, a president, 
secretary, directors and treasurer, who shall give bond in the sum 
of five thousand dollars, for the faithful discharge of his duty, and 
such other officers as to them shall appear necessary, which offi- 
cers, 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 their respective duties. 

Sect. 7. Be it further enacted^ That the officers and agents 
of said institution shall lay a statement of the affairs thereof before 
any persons appointed by the Legislature to examine the same, 
whenever required so to do, and shall exhibit to them all the 
books and papers relating thereto, and shall submit to be exam- 
ined by them under oath concerning the same. 

Sect. 8. Be it further enacted^ That the said corporation 
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 any time make such further regulations for the government 
of the institution as they may deem expedient. 

Sect. 9. Be it further enacted., That any one of the per- 
sons named in this act shall have power to call the first meeting 
of said corporation, at such time and place as he may judge prop- 
er, by giving notice, in writing, to the members of said corpora- 
tion, at least ten days before the day of said meeting. [fe6. 16, 
1833.] 

An Act in addition to " An Act to incorporate the Dana JManufacturing Company." 

BE it enacted by the Senate and House of Representatives^ 
in General Court assembled, and by the authority of the same, 
That the Dana Manufacturing Company is hereby empowered to 
manufacture paper, in the same manner as if said manufacture had 
been authorized by and specified in the provisions of " an act to 
incorporate the Dana Manufacturing Company," passed on the 
thirteenth day of March, in the year of our Lord one thousand 
eight hundred and thirty-two. [Feb. 20, 1833.] 



1833. Chap. 42—43. 303 

An Act to incorporate the First Methodist Episcopal Society in Randolph. Cfldt) 42 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That Samuel Newcomb, Calvin Wild, Edward Blan- Persons incor- 
chard, together with such other persons as may hereafter associ- P°^^'^^- 
ate with them, and their successors, be, and they are hereby 
incorporated as a religious society, by the name of the First 
Methodist Episcopal Society in Randolph, with all the privileges, [Name chanp- 
povvers and immunities, and subject to all the duties and liabili- l^'s.! *^ 
ties, to which parishes and other religious societies are entitled 
and subjected, by the constitution and laws of this Commonwealth. 

Sect. 2. Be it further enacted, That said society may Real and per- 
hold by grant, gift, purchase, devise, or otherwise, real and per- ^onai estate, 
sonal estate, to any amount, not exceeding twelve thousand dol- 
lars, for the use of said society. 

Sect. 3. Be it further enacted. That any one of the per- First meeting, 
sons named in this act may call the first meeting of said society, 
by giving fourteen days public notice of the time and place of 
holding the same, by posting notification thereof on the door of 
the meeting-house of said society. [Feb. 20, 1833.] Add. 
act, 1836 ch. 178. 

An Act to incorporate the Central Wharf Company, in the lown of Yarmouth. i^flCtp. 4iO. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same. That Edward B. Hallet, Chandler Gray, Nathan Hal- persons incor- 
let and John Eldridge, and others, their associates successors and porated. 
assigns, be, and they hereby are constituted a body politic and cor- 
porate, by the name of " Central Wharf Company ;"and the said 
corporation, by the same name, are hereby declared and made 
capable in law to sue and be sued, plead and be impleaded, 
to have a common seal, and the same at pleasure to break, 
alter and renew, to make rules and by-laws for the regulation 
and management of the estate herein after described, and for the 
prudent management of their affairs, consistent with the laws of 
this Commonwealth, and generally to do and execute whatever, 
by law, does, or may appertain to bodies politic and corporate, 
within the meaning and intent of this act. 

Sect. 2. Be it further enacted. That the said corporation Real estate, 
be, and the same hereby is declared and made capable in law to 
have, hold and possess, by fee simple, lease-hold, or otherwise, 
all, or any part of that certain real estate situate in Yarmouth 
aforesaid, commencing at the northerly part of the town road 
laid out through the land of Chandler Gray, Henry Thacher 
and others, and extending northwesterly by Henry Thacher, 
Andrews Hallet and others, to the channel of Mill Creek ; 
thence southwesterly three hundred feet by said creek ; thence 
southeasterly by Jonathan Hallet, Chandler Gray and others, 
to said town road, and all rights, privileges and appurtenances 
thereto belonging : provided, the lawful owners of said property 
shall legally convey the same to said central wharf company ; 



304 



1833. 



-Chap. 43. 



Extension of 
wharves. 



Proviso. 



Number and 
transfer of 
shares. 



Real estate, &c 
liable to at- 
tachment. 



Assessments 
and the sale of 
shares to pay 
ihera. 



and the said central wharf company shall have power to ex- 
tend, build and maintain such wharf or wharves of said com- 
pany as they may deem expedient, into said creek, and the 
said company shall have a right to lay vessels at the sides and 
end of said wharf, and receive dockage and wharfage therefor ; 
also to grant, sell and alien, in fee simple, or otherwise con- 
vey their corporate property, or any part thereof within said 
described limits, and to lease, manage and improve, build, re- 
build, pull down, or alter the same ; also to remove, construct, 
erect, repair, or alter any buildings, wharf, docks, or passage 
ways, within said limits, according to their will and pleasure, 
by such forms of conveyances and contracts as shall by their 
by-laws be provided : provided, that this act shall in no wise 
interfere with the legal rights of any person or persons what- 
soever. 

Sect. 3. Be it farther enacted, That said central wharf com- 
pany, at any legal meeting, may agree upon the number of 
shares into which their corporate property and estate shall be 
divided, not exceeding one hundred shares, and agree upon the 
forms of certificates to be given to the proprietors, which shares 
shall be deemed and considered as personal estate, and shall be 
transferable by assignment on the back of the certificate, re- 
corded by the clerk of the corporation, in a book to be kept for 
that purpose, and shall be liable to attachment on mesne process 
and sale on execution, in the same manner, and according to the 
form of the statutes making provision for the attachment and sale 
of shares of debtors in corporate companies. 

Sect. 4, Be it farther enacted, That the real estate and 
other property of said corporation shall be liable to be attached 
on mesne process, and to be set off and sold on execution 
against the said corporation, in the same manner as the proper- 
ty or estate of individuals is by law subject to mesne or final 
process ; and the said corporation shall have the right in equity 
of redeeming the same, appertaining by the laws of this Com- 
monwealth to other real estate. 

Sect. 5. Be it farther enacted, That the said corpora- 
tion shall have power, from time to time, to assess on the stock- 
holders such sums of money, not exceeding in the whole one 
hundred and fifty dollars on each share, for the purchase, im- 
provement and good management of their estate, and for re- 
moving, erecting, repairing or altering any buildings, wharf, 
docks or passage ways on the land within said described limits, 
or for the incidental expenses of the said corporation, agreeably 
to the true intent of this act ; and in case any proprietor shall 
refuse or neglect to pay any assessment, the said corporation 
may cause such of the shares of such proprietors as may be 
sufficient therefor, to be sold at public auction to the highest 
bidder, after thirty days notice, to be given by posting up no- 
tice in one or more public places in said Yarmouth ; and after 
deducting the amount assessed and unpaid, together with the 
charges of sale, the surplus, if any, shall be paid over to such 



1833. Chap. 43—44. 305 

proprietor, and the purchaser of such share or shares so sold, 
shall be entitled to receive a certificate of the same. 

Sect. 6. Be it further enacted, That in all meetings of Right of voting, 
the members of said corporation, for the transacting of business, 
each member shall be entitled to one vote for every share by 
him held in said corporation ; but no one proprietor shall ever 
be entitled to more than eight votes : provided, always, that no 
assessment shall be made at any meeting, unless the same shall 
be agreed to by two thirds at least, in number of votes present 
at said meeting, nor unless public notice shall have been given, 
at least five days previous to such meeting, by posting up notice 
thereof in one or more public places in said Yarmouth. 

Sect. 7. Be it further enacted, That either of the persons First meeting, 
named in the first section of this act, may call the first meeting 
of said corporation, by posting up notice in one or more public 
places in said Yarmouth, not less than six days before ihe time 
appointed for such meeting ; and the said central wharf com- 
pany, at their first meeting, and afterwards, annually, on such 
days as shall be established by their by-laws, may choose a 
president, clerk, and such other directors or officers as they may 
see fit, for conducting their corporate affairs and estate. [Feb. 
20, 1833.] 

An Act to incorporate the Charitable Association of ihe Salem Fire Department. ChdV* 44. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same. That Charles A. Andrew, Daniel Hammond, Oliver Persons incor- 
Parsons, Jonathan Kenney and Nathaniel Very, with their as- po^ated. 
sociates and successors, be, and they hereby are incorporated 
by the name of the Charitable Association of the Salem Fire 
Department, for the purpose of affording relief to such of their 
members as may at any time receive injury in the discharge of 
their duties as members of the Salem Fire Department, or to 
their families in the event of their decease, and by that name 
may sue and be sued, and may have and use a common seal. 

Sect. 2. Be it further enacted. That the said corporation Real and per- 
niay receive and take by purchase, grant, devise, bequest or do- s<*"^' estate, 
nation, any real or personal property, and hold the same for the 
purposes aforesaid, and may manage and dispose of the same 
according to their discretion ; provided, that the whole amount 
of the real and personal property held and possessed by the 
said corporation shall never exceed in value, at any one time, 
the sum of fifty thousand dollars. 

Sect. 3. Be it further enacted. That the said corpora- By-laws, &c. 
tion may make and establish such by-laws and regulations, for 
the government of said corporation, as they may think proper : 
provided, the same are not repugnant to the laws and constitu- 
tion of this Commonwealth, and may choose and elect all neces- 
sary and convenient officers, who shall have such power and au- 
thority as the said corporation may think proper to prescribe 
and grant to them, and who shall be elected in such manner 

VOL. VII. 39 



306 



1833.- 



-Chap. 44—46. 



First meeting. 



Chap. 45. 



Persons incor- 
porated. 



Powers and du- 
ties. 



1829 cli. 53. 



Real and per- 
sonal estate. 



Chap. 46. 



Persons incor- 
porated. 



Powers and 
duties. 



1829 ch. 53. 



Real and per- 
sonal estate. 



and for such periods of time as the by-laws of said corporation 
may direct. 

Sect. 4. Be it further enacted^ That either of the persons 
named in the first section of this act is authorized to call the first 
meeting of the said corporation, by causing a notification there- 
of to be published in any newspaper printed in the town of Sa- 
lem, seven days at least before said meeting. \^Feh. 20, 1833.] 

An Act to incorporate the Bristol Print Works. 

Sect. 1. BE it enacted by the Senate and, House of Rep- 
resentatives, in General Court assembled, and by the authority 
of the same. That Samuel Crocker, Edmund Dwight, Harrison 
Gray Otis, Charles Richmond, Israel Thorndike, and James K. 
Mills, their associates, successors and assigns, be, and they here- 
by are made a corporation, by the name of the "Bristol Print 
Works," for the purposes of printing and bleaching cotton goods 
in the town of Taunton, in the county of Bristol ; and for those 
purposes shall have all the powers and privileges, and be subject 
to all the duties and requirements, contained in an act entitled 
"an act defining the general powers and duties of manufacturing 
corporations," passed the twenty-third day of February, in the 
year of our Lord one thousand eight hundred and thirty. 

Sect. 2. Be it further enacted, That the said corporation 
may be lawfully seized and possessed of such real estate, not 
exceeding the value of one hundred thousand dollars, and such 
personal estate not exceeding the value of one hundred thousand 
dollars, as may be necessary and convenient for the purposes 
aforesaid. [Feb. 20, 1833.] Add. act, 1837 ch. 28. 

An Act to incorporate the Curtisville Cotton Manufacturing Company. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That Samuel G. Wheeler, George A. Bicknell, and 
James J. A. Bruce, together with such others as now are, or 
may be hereafter associated with them, their successors or as- 
signs, be, and they hereby are made a corporation, by the name 
of the Curtisville Cotton Manufacturing Company, for the pur- 
pose of manufacturing cotton goods at Curtisville, in the town of 
Stockbridge ; and for this purpose shall have all the powers and 
privileges, and shall be subject to all the duties and requirements, 
prescribed and contained in an act, passed the 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 du- 
ties of manufacturing corporations." 

Sect. 2. Be it further enacted, That the said Curtisville 
Cotton Manufacturing Company may lawfully hold and i)ossess 
such real estate, not exceeding the value of thirty thousand dol- 
lars, and such personal estate not exceeding one hundred and 
twenty thousand dollars, as may be necessary and convenient for 
carrying on the manufactures aforesaid. [Feb. 20, 1833.] Add. 
act, 1837 ch. 58. 



1833. Chap. 47. 307 

An Act incorporating the Weymouth and Braintree Mutual Fire Insurance Com- Qhnin ATI 
pany. F' * 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That Jonathan Newcoinb, Asa French, Christopher Persons incor- 
Webb, Hervey Reed, Benjamin King, and their associates, po^ated. 
successors and assigns, are hereby constituted a body politic and 
corporate, by the name of the Weymouth and Braintree Mutual 
Fire Insurance Company, with all the powers and privileges in- Powers and du- 
cident to such corporations, and subject to all the duties and ob- ''®^- 
ligations contained in a law entitled " an act to define the powers, 1817 ch. 120. 
duties and restrictions of insurance companies," passed on the 
sixteenth of February, in the year of our Lord one thousand 
eight hundred and eighteen, and in an act in addition thereto, en- 
titled "an act in addition to an act to define the powers, duties 1832 ch. 95. 
and restrictions of insurance companies," passed March sixth, 
in the year of our Lord one thousand eight hundred and thirty- 
two, for the term of twenty-eight years. 

Sect. 2. Be it further enacted, That when the sum sub- When and 
scribed to be insured shall amount to one hundred thousand ?^'^"f ^uthor- 

. . . r u r r ized to msure. 

dollars, said corporation may insure, tor the term or irom one to 
seven years, any buildings, goods, or moveables whatsoever, in 
this Commonwealth, to any amount not exceeding three fourths 
of the value of the property insured. 

Sect. 3. Be it further enacted, That the funds of said cor- Investment and 
poration shall be invested in stocks, or loaned on security, as appjopnaiion of 
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, within thirty days, assess such sum as may be necessary on 
the members, in proportion to the amount of their premiums and 
deposits, for seven years, but not to exceed triple the amount of 
such premiums and deposits. 

Sect. 4. Be it further enacted, That, when any member Execution, how 
shall recover judgment against said corporation, he may levy his '^^'®'^' 
execution on their estate or funds, but if sufficient estate or funds 
cannot be found, he may levy the same on the private property 
of any of the directors : provided, they first refuse or neglect, for Liability of di- 
the space of sixty days, to satisfy the execution, after formal de- 
mand made upon them for that purpose, and any director, whose 
property may be thus taken, may sustain an action of the case 
against the corporation, to recover full and adequate