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PRIVATE AND SPECIAL STATUTES

eommontueaUi) of M9^s9f^n»ttts.

PRIVATE AND SPECIAL

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^

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.

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

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.

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.

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

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

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

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

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

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.

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.

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.

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.

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

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

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

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

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

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

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

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 "^

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, <=°""""^''-

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

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

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.

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-

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

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.

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.]

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, *'°"-

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

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.

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.

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. 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-

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 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 insu- Policy shall cre-
rance shall of itself, without any other act, create a lien on any buildings in-
building insured, and on the land under it, for the payment of the sured.
premium and deposit money stipulated in said policy, and of all
assessments lawfully made by virtue thereof; but this provision

308

1833.-

■Chap. 47—48.

Real estate.

Members.

Proceedings in shall not prevent the taking of other collateral security, and in
tolfen. "^^^"'^ ^^s^ ^^ should become necessary to resort to the lien on the
property insured, the treasurer shall demand payment of the in-
sured, or his legal representative, and likewise of the tenant in
possession, and in case of non-payment, the corporation may
sustain an action for any sum due, either on the deposit note, or
by assessment, and their execution may be levied on the prem-
ises 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 re-
demption on execution, and the owner shall have a right to re-
deem 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.

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 five thousand dollars, excepting such as
may be taken for debt, or held as collateral security for money
due said corporation.

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
seven members of said corporation shall constitute a quorum for
the transaction of business, and each member shall have as many
votes as he has policies. [Feb. 20, 1833.]

ChcLD 48 ^" ^^"^ '° incorporate the Proprietors of the Crombie Street Church in Salem.

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 Daniel Abbot, John Burley, Daniel Ban-
croft, Caleb Smith, Henry Cook, John Winn, Jr., Rufus
Choate, with all others who are, or may become proprietors of
pews in the church in Crombie street in Salem, be, and they are
hereby incorporated as a religious society, by the name of " the
Proprietors of Crombie Street Church in Salem," with all the
powers, privileges and immunities, to which other religious soci-
eties in this Commonwealth are entitled, by the laws and consti-
tution thereof, and subject to all the duties and liabilities to which
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 the 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 church and land
under and adjoining it, shall not, at any time, exceed the sum of
three thousand dollars.
Right of voting. Sect. 3. Be it further enacted. That at all meetings of the
said society, the proprietors of pews, and no other persons shall
be entitled to vote, allowing one vote for every pew.

Sect. 4. Be it further enacted, That the said society shall
have full power and authority, at any meeting duly called for that

Persons incor-
porated.

Real and per-
sona! estate.

Assessments,
and the sale of

1833. Chap. 48—52. 309

purpose, to assess, on the pews in said church, all such taxes as pews for the
may be necessary or proper for the maintenance of public wor- payment there-
ship, and the repairs and preservation of said church, and for all
other parochial charges and expenses ; and the taxes so assessed
shall be a lien upon the pews respectively, and, in case of the
non-payment of the tax or taxes so assessed, for the space of one
year after the same shall be so assessed, the pew or pews res-
pectively, on which the same shall be so assessed, shall be for-
feited to the said society, and may be sold at public auction, in
such manner as the said society shall, by their by-laws and
regulations provide ; and the net proceeds of the sale, after
deducting the amount of all taxes due thereon, and the charges
of sale, shall be paid over to the proprietor of any pew so
sold, or to his assigns, and the society shall have authority to
convey to the purchaser of any pew so sold, a good and valid
tide as proprietor thereof.

Sect. 5. Be it further enacted^ That the said society shall By-laws,
have authority to make such by-laws and regulations for their
government, and for the management of their affairs, as they may
from time to time see fit.

Sect. 6. Be it further enacted, That any two or more of First meeting,
the persons named in the first section of this act may call the first
meeting of the said society, by a written notice, to be posted in
the entries of the church, at least seven days before the time of
holding such meeting. [Feb. 20, 1833.]

An Act to incorporate the New Bedford Marine Insurance Company. ChdiVt 52»

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 Cornelius Grinnell, Charles Russell, Joseph Persons incor-
Ricketson, and their associates, successors and assigns, be, and P°'^'^ •
they are hereby made a body politic, by the name of the " New
Bedford Marine Insurance Company," for the purpose of making
maritime loans and insurance against maritime losses, in the cus-
tomary manner, with all the privileges, and subject to all the du- Powers and du-
ties and obligations, contained in "an act to define the powers, ''^^*
duties and restrictions of insurance companies, " passed on the six- 1817 ch. 120.
teenth day of February, in the year of our Lord one thousand
eight hundred and eighteen, and in an act in addition thereto, 1832 ch. 95.
passed March the sixth, in the year of our Lord one thousand
eight hundred and thirty-two, for and during the term of twenty
years from and after the passing of this act ; and by the name afore-
said, they may sue and be sued, plead and be impleaded, appear,
prosecute, and defend to final judgment and execution ; and they
may have a common seal, which they may alter at pleasure ; and
they may purchase, hold and convey any estate, real or personal,
for the use of said company : provided, that the real estate shall Real estate,
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 Capital stock.

310

1833.-

■Chap. 52—54.

Location.

Chap.- bS,

Persons incor-
porated.

Real and per-
sonal estate.

By-laws.

First Meetinff.

Chap. 54.

Persons incor-
porated.

Real and per-
sonal estate.

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 pro-
visions and penalties as the president and directors of said com-
pany shall order and appoint.

Sect. 3. Be it further enacted, That the said company shall
be located in the town of New Bedford. {March I, 1833.]

An Act to incorporate the Proprietors of the Central Village Academy, in Dracut.

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 F. Varnum, Joseph Bradley, Wil-
liam T. Heydock, E. R. Olcott, Jonathan Morse, 2d., .Joshua
Bennett, Elisha Fuller, J. B. French, Thomas P. Goodhue,
Humphrey Webster, John P. Robinson, Darius Young, and
Jonathan M. Dexter, their associates and successors, be, and
they hereby are made a body corporate, by the name of the Pro-
prietors of the Central Village Academy in the town of Dracut,
and county of Middlesex, with power to hold real estate not ex-
ceeding fifteen thousand dollars, and may establish a fund for the
use of said academy : provided, the income shall not exceed
five thousand dollars annually, and shall be applied exclusively to
the purposes 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 con-
cerns 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 per-
sons named in this act may call the first meeting of said propiie-
tors, by giving notice thereof to the persons named herein, ten
days previous to the time of holding such meeting. [March 1,
1833.]

An Act to incorporate the Wintlirop Society, in Charlestown.

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 Chester Adams, Joseph F. Tufts andEliabP. Mac-
intire, with their associates, and such others as may associate
with them for the purpose of building a meeting-house, together
with all those who may hereafter become proprietors of pews,
and who shall usually worship in said house, be, and hereby are
incorporated as a religious society in Charlestown, by the name
of the Winthrop Society, with all the powers, privileges and im-
munities to which other religious societies in this Commonwealth
are entitled by the laws and constitution thereof, and subject to
all the duties and liabilities to which other religious societies are
subject.

Sect. 2. Beit further enacted, That 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, mortgage,
or otherwise dispose of, as they may see fit : provided, the in-

1 833. Chap. 54—57. 31 1

come thereof, exclusive of their meeting-house, and the land un-
der the same, and such adjoining land as may be exclusively ap-
propriated for the accommodation of said house, shall not exceed
the sum of two thousand dollars per annum.

Sect. 3. Be it further enacted, That said society be em- Assessments
powered to assess upon the pews in their meeting-house, accord- "P°" P®"'*-
ing 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 said society, for the support of public worship and other
parochial charges, and also for the repairs of said house.

Sect. 4. Be it further enacted, That said society shall have By-laws,
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, not repugnant to the constitution and
laws of this Commonwealth.

Sect. 5. Be it further enacted. That any two of the per- First meeting,
sons above named are hereby authorized to call the first meeting
of said society, by posting a notice on the door of their usual
place of worship, at least seven days before the time of meeting.
[AJarch 1, 183.3.]

An Act in addition to '-An Act to incorporate the Fishing Insurance Company." Chdn, 56

Sect. 1. BE it enacted by the Senate and House of Re pre- ^^^ ^j, g3
sentatives, in General Court assembled, and by the authority of
the same, That the Fishing Insurance Company shall hereafter Power of under-
have the right and power to underwrite and insure against marine ^'''^'"o-
risks, upon all vessels corning within the classes or denominations
of schooners or sloops, and the cargoes thereof, in whatsoever
business or voyages they may be used or adventured ; and that
the said company shall also have the right to insure or loan upon
bottomry or respondentia, upon any one risk or adventure, a sum
not exceeding seven per centum upon the capital stock of said
company.

Sect. 2. Be it further enacted. That all parts of the act to Repeal.
which this act is in addition, inconsistent with the provisions here-
of, be, and the same are hereby repealed. [J]:Tarch 1, 1833.]
Add. act, 1835 ch. 120.

An Act in addition to " An Act to incorporate the Provident Institution for Savings f^hfivj 57.
in the town of Boston." -t *

BE it enacted by the Senate and House of Representatives, }824ch 89!
in General Court assembled, and by the authority of the same, issoch. 77.
That the Provident Institution for Savings in the town of Boston Real estate.
be, and the said corporation is hereby authorized and empowered
to purchase real estate in the city of Boston to the amount of
thirty 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 1, 1833.]

312 1833. Chap. 58—59.

ChcLX) 58 •'^" ^'^^ *° incorporate the Boston Steam Factory.

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 Willard Badger, James McAllaster and John
porated. LiUey, with such other persons as already have associated, or

may hereafter associate with them, their successors and assigns,
be, and they hereby are made a corporation, by the name of the
Boston Steam Factory, for the purpose of supplying mechanics
with rooms and steam power, and of erecting and managing a
Powers and du- foundry in the city of Boston, and for this purpose shall have all
*'^*' the powers and privileges, and be subject to all the duties and

1829 ch. 63. requirements, contained in " 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, and the shares into which said compa-
ny's stock shall be divided shall never be assessed beyond the
sum of one hundred dollars on each share.
Real and per- Sect. 2. Be it further enacted, That the said corporation
sonai estate. ^.^y ^^ lawfully seized and possessed of such real estate, not ex-
ceeding the value of sixty thousand dollars, and such personal
estate, not exceeding the value of thirty thousand dollars, as may
be necessary and convenient for the purpose aforesaid. [March
1, 1833.] Add. act, 1836 ch. 134.

Chflti 59 An Act to perpetuate evidence relating to the records of the Boston Lying-in Hos-

I832ch.2i. Sect. 1. BE it enacted by the Senate and House of Repre-

sentatives, in General Court assembled, and by the authority
Depositions in of the Same, That, from and after the passing of this act, any two
ceedings^°uiider j^'stices of the pcacc for the county of Suffolk, quorum unus, are
actofincorpora- hereby authorized and empowered, upon the application of the
ken. ""^^ ^ ^^ trustees of the Boston Lying-in Hospital, any one or more of
them, if made within one year from the passing of this act, to
take the deposition and depositions of any member or members
thereof, its clerk, and of any other person or persons whomsoev-
er, relating to the acceptance of the said act of incorporation, by
the members duly assembled, in pursuance of public notice given
for that purpose, as is therein prescribed, the adoption of by-
laws, and the election of officers in conformity thereto, and also
of their several acts, doings and proceedings at that, and also at
the subsequent meetings of said corporation, and of the records
made of the same : also relating to the meetings of the trustees
of said corporation, their several acts, doings and proceedings,
and of the record thereof, and also of all, or any other matters or
things done and performed under, and by virtue of said act of
incorporation, and conformably to the same, since its acceptance,
which said deposition and depositions shall be reduced to writing,
by one of said justices, or by the deponent, in their presence,
and written in record books to be furnished by said corporation,
and by said trustees respectively. The said justices shall admin-
ister the oath to the deponent, and certify the caption in the re-
spective books furnished as aforesaid, in substance as is prescribed

1833. Chap. 59—61. 313

by the statute relating to taking depositions in perpetual remem-
brance of the thing : provided, }iowever, that before the said jus- Proviso,
tices shall proceed to take any of said depositions, they shall
publish notice of the time and place of taking the same, two
weeks successively, in the Boston Daily Advertiser and Patriot,
a newspaper printed in Boston, that all persons interested therein
may appear, if they see cause, and propose such interrogatories
and cross-interrogatories relating to the subject matter, as shall
be by said justices deemed proper. Copies of said depositions,
any or either of them, written in the record book of said corpo-
ration as aforesaid, made and duly certified by its clerk, and also
copies of said depositions, any or either of them, written in the
record book of said trustees as aforesaid, made and duly certified
by their secretary, shall be respectively taken, and used, and be
as effectual in law, and for all and the like purposes, as the first
and original records might have been, if they had not been de-
stroyed by fire.

Sect. 2. Be it further enacted. That the said depositions. Depositions
any or either of them, and the caption, shall, within ninety days ^^^^^^0"'*®^ ^*
from the time of taking the same, be recorded in the office of
the registry of deeds, in said county of Suffolk, if the said depo-
sitions, any or either of them, respect real estate, or the purchase
thereof; and a certificate of such record shall be made on the
said depositions by the register of deeds, and the depositions so
certified, or a copy of said record, may be used as evidence, in
any cause to which it may relate. [March 1, 1833.]

An Act lo incorporate the First Universalist Society in Taunton. C^hntl fiO

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 W. Grossman, Ichabod Bosworth, Jr., Persons incor-
and Isaac Babbit, and all others who may associate with them, P*""^'^**-
be, and they are hereby incorporated into a religious society, by
the natne of the First Universalist Society in Taunton, with all
the privileges, powers and immunities to which other religious
societies in this Commonwealth are entitled by law.

Sect. 2. Be it further enacted. That said society shall By-laws,
have power to ordain and establish such rules, regulations and
by-laws, for the management of their concerns, as they may think
proper, not repugnant to the constitution and laws of this Com-
monwealth.

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 notifications thereof on the door of
the meeting-house of said society. [March 1, 1833.]

An Act to incorporate the Trustees of the Charlestown Female Seminary. CflCip. 61 .

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 Jackson, Benjamin Badger, Jr., Oli- Persons incor-
ver Holden, John W. Valentine, Daniel White, their associates po^'^'ed.

VOL. VII. 40

314

1833.-

■Chap. 61—64.

Real and per-
sonal estate.

Number of trus-
tees.

First meeting.

Chap. 62.

1801 ch. 26.
(v. 2. p. 469.)

Mayor and al-
dermen author-
ized to set
watch.

1796 ch. 82.

Chap. 64.

Police court
established.

Jurisdiction.

and successors in office, be, and they hereby are incorporated as
Trustees of the Charlestown Female Seminary, with power to
hold real estate, not exceeding in value fifteen thousand dollars,
and personal estate, not exceeding in value eight thousand dollars,
to be devoted exclusively to the purposes of education ; and the
said corporation shall have all the powers usually incident to sim-
ilar corporations, and make all necessary by-laws, not repugnant
to the constitution and laws of this Commonwealth.

Sect. 2. Be it further enacted^ That the number of trus-
tees of the said seminary shall not be more than nine, nor less
than five, and that they may elect trustees, and remove from
office any of the board who may become disqualified, by age or
otherwise, to discharge the duties of their office.

Sect. 3. 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 the Bunker Hill Aurora. [March 1,
1833.]

An Act in addition to "An Act to establish a Watch for preserving the safety and
good order of 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 whenever the mayor and aldermen of the city of Boston
shall establish a watch within said city, in pinsuance of the act
to which this is in addition, and also of an act passed on the tenth
day of March, in the year of our Lord one thousand seven hun-
dred and ninety-seven, entitled " an act for keeping watches and
wards in towns, and for preventing disorders in streets and public
places," or in pursuance of either of said acts, the said mayor
and aldermen may, and they are hereby authorized to set such
watch, at such hour after sunset, as they shall judge expedient ;
and from and after such hour, the said watch shall and may exer-
cise all the powers given in and by the several acts aforesaid,
any thing in the said acts to the contrary notwithstanding.
[March 2, 1833.]

An Act to establish a Police Court in the town of 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 there hereby is established, within the town of
Lowell, in the county of Middlesex, 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 Lowell, whereof justices of the peace
now have, or may hereafter iiave jurisdiction. And the court
hereby established shall hear and determine all suits, complaints
and prosecutions, 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 acts necessary to, and consist-
ent with such powers and authority. And the said police court

1833. Chap. 64. 315

shall also have original jurisdiction and cognizance of all suits and
actions which may now, or at any time hereafter be heard, tried
and determined before any justice of the peace in the county of
Middlesex, and exclusive jurisdiction, whenever the plaintiff re-
sides in Lowell, and service of the writ is had on the defendant
in said county; and no writ, in any such suit or action, shall be
made returnable before any justice within said town of Lowell,
but to said police court only ; and an appeal shall be allowed from
all judgments of 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 ; and 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 in said court.

Sect. 2. Be it further enacted, That all warrants, issued Warrants and
by said court, or by any justice of the peace within said town <=°sts.
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, unless, on the examination in hearing before said 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
warrant had been issued by a justice of the peace, according to
the law now in force.

Sect. .3. Be it further enacted, That all fines and forfeit- Fines and for-
ures, and all costs in criminal prosecutions, which shall be re- feiiures.
ceived by or paid into the hands of the justice of said court, shall
be by him accounted for, and paid over to the same persons in
the same manner, and under the same penalties for neglect as are
by law prescribed in the case of justices of the peace ; and all costs
in such prosecutions not thus received shall be made up, taxed,
certified, and allowed, and shall be paid and satisfied in like man-
ner as provided by law in cases of justices of the peace.

Sect. 4. Be it further enacted, That a court shall be held by justice to hold
said justice, at some suitable and convenient place, to be provided acourtatsta-
at the expense of said town of Lowell, on two several days 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 fortnight, at ten of the
clock in the forenoon, and may be adjourned from day to day by
the justice thereof, 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 conducting of the business thereof.

Sect. 5. Be it further enacted. That the justice of said court p^g^
shall retain to his own use all fees by him received, or which now
accrue to justices of the peace in civil actions and criminal pros-
ecutions, in full compensation for all services assigned to him by
the provisions of this act.

Sect. 6. Be it further enacted, That the justice of said Record of pro-
court shall keep a fair record of all proceedings in said court, and ceedings.

316

1833.-

-Chap. 64 — 65.

Determination
of suits pending.

Special justices.

Act, when to
go into opera-
tion.

[See 1833 eh.
111.]

shall make 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, and he shall also annually,
in the month of January, exhibit to the selectmen of said town of
Lowell, a true and correct account of monies by him received as
fees.

Sect. 7. 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 town of Lowell, when this act shall
take effect, shall be heard and determined as though this act had
not been passed.

Sect. 8. Be it further enacted, That there shall be ap-
pointed by the governor, by and with the advice and consent of the
council, two special justices of said 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 by the
standing or special justice, and the court shall be held, and its ju-
risdiction exercised by one of said special justices. And the
said special justice shall be paid for the services by him per-
formed, out of the fees received in said court, such sum as the
standing justice would be entitled to receive for the same ser-
vices.

Sect. 9. Be it further enacted, That this act shall go
into operation from and after the thirty-first day of March next,
and the governor shall have power, by and with the advice and
consent of the council, to appoint said justice and special jus-
tices, at any time after the passing of this act. [J\Iarch2, 1833.]
Add. act, 1833 ch. 111.

Chap, 65.

Persons incor-
porated.

Powers and du-
ties.

1829 ch. 63.

Real and per-
sonal estate.

An Act to incorporate the Natick Paper 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 Lemuel Blake, Josiah N. Bird and David Fran-
cis, 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 Natick Paper Com-
pany, for the purpose of manufacturing paper at Natick in the
county of Middlesex, and for this purpose shall have all the pow-
ers and privileges, and shall be subject to all the duties and re-
quirements, provided, respecting such corporations, in an act
passed on the twenty-third day of February, in the year of our
Lord one thousand eight hundred and thirty, entitled "an act
defining the general powers and duties of manufacturing compa-
nies." [corporations.]

Sect. 2. Be it further enacted. That the said corporation
may take and hold such real estate, at said Natick, not exceed-
ing in value the sum of forty thousand dollars, and such personal
estate, not exceeding in value sixty thousand dollars, as may be

1833. Chap. 65—66. 317

suitable and necessary for carrying on the manufacture aforesaid.
[March 2, 1833.]

An Act to incorporate the Barnstable County Mutual Fire Insurance Company. C/flCtp, oQ.

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 Zenas D. Basset, Ebenezer Bacon, Amos Otis, Persons incor-
Jr., and their associates, successors and assigns, are hereby P""^^^^ •
constituted a body politic and corporate, by the name of the
Barnstable County Mutual Fire Insurance Company, with all the
powers and privileges incident to such corporations, 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 insur- 1817 ch. 120.
ance 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 1832 ch. 93.
to define the powers, duties and restrictions of insurance com-
panies," passed March sixth, in the year of our Lord one thou-
sand eight hundred and thirty-two, for the term of twenty-eight
years.

Sect. 2. Be it further enacted, That when the sum sub- Whenauihori-
scribed by the associates to be insured, shall amount to fifty thou- ^^ tomsure.
sand dollars, said corporation may insure for the term of from , , „
one to seven years, any buildings, goods or moveables whatso- monwealth 1834
ever, in the county of Barnstable, to any amount not exceeding ^^- ^^-1
three fourths of the value of the property insured.

Sect. 3. Be it further enacted, That the funds of the i"vestment and
corporation shall be vested in stocks, or loaned on such securi- of'funds.
ty 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 against the corpora-
tion exceeding the amount of their then existing funds, the direc-
tors shall, without delay, assess such sum as may be necessary, on
the members, which assessment shall be in proportion to the
amount of their premiums and deposits, but shall not, in any
case, exceed double the amount of said premiums and deposits.

Sect. 4. Be it further enacted, That whenever any mem- Executions,how
her shall recover judgment against said corporation, and the di-
rectors shall neglect to satisfy and pay the same within sixty days
after demand made for that purpose upon the treasurer, clerk, or
any director of said corporation, then the execution issuing upon
such judgment may be levied upon the private property of any Liability of di-
of said directors, to the amount of the excess of the funds of rectors,
the corporation, together with the amount of all the assessments
they are authorized to make, over and above the amount due on
judgments previously demanded ; and any directors who may
have their property taken, may sustain an action on the case to
recover compensation therefor, of the corporation, or a propor-
tional part thereof, and contribution therefor of the other di-
rectors.

318

1833.-

■Chap. 66—70.

Policies shall
create alien.

Proceedings in
case of resort
to lien.

Members.

Chap. 69.

Persons incor-
porated.

Real and per-
sonal estate.

First meeting.

Chap. 70.

Persons incor-
porated.

Sect. 5. Be it further enacted, That each policy of insur-
ance shall of itself, without any other act, create a lien on any
building insured, and on the land under it, for the payment of
the premium and deposit money stipulated in said policy, and of
all assessments lawfully made by virtue thereof ; but this provis-
ion shall not prevent the taking of other collateral security, and
in case it shall become necessary to resort to the lien on the
property insured, the treasurer shall demand payment of the
insured, or his legal representative, and likewise of the tenant
in possession, and in case of non-payment, the corporation
may sustain an action for any sum due, either on the deposit
note or by assessment, and their execution may be levied on
the premises insured ; and the officer making the levy may sell
the whole or any part of the estate at auction, giving notice,
and 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.

Sect. 6. Be it further enacted. That all persons insuring
at the office of said company, shall be deemed and taken to be
members of said corporation ; and, at all meetings, not less than
ten members of said corporation shall constitute a quorum for the
transaction of business, and each member shall have as many
votes as he has policies, and may vote by proxy. [March 2,
1833.] Add. act, 1834 ch. 78.

An Act to incorporate the Proprietors of Edgartown Academy.

Sect. I. BE it enacted by the Seriate and House of Rep-
resentatives, in General Court assembled, and by the authori-
ty of the same, That Abraham Osborn, Allen Coffin, Timothy
Coffin, Daniel Fellows and Valentine Pease, with their asso-
ciates and successors, be, and they hereby are incorporated as
the Proprietors of the Edgartown Academy, in the county of
Dukes county, with power to hold real estate, not exceed-
ing in value ten thousand dollars, and personal estate not ex-
ceeding ten thousand dollars, to be devoted exclusively to the
purposes of education. And said corporation shall have all the
powers usually granted to similar corporations, and may make
all necessary by-laws, not repugnant to the laws of this Com-
monwealth.

Sect. 2. Be it further enacted, That Daniel Fellows be
authorized to call the first meeting of said proprietors, by post-
ing up his written notification thereof in some public place in
said Edgartown, at least three days before the time of said meet-
ing. [March 5, 1833.]

An Act to incorporate the Tremont 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 John Binney, and his associates, and their
successors and assigns, be, and they hereby are made a body

1833. Chap. 70—71. 319

politic by the name of the Tremont Insurance Company, for
the purpose of making maritime loans and insurance against mar-
itime losses, also to make insurance against fire, in the custom-
ary manner, with all the privileges and subject to all the duties ties.
and obligations contained in a law entitled "an act to define the 1817 ch. 120.
powers, duties and restrictions of insurance companies" passed
the sixteenth day of February, one thousand eight hundred
and eighteen, and in an act, in addition thereto, passed the sixth
day of March, one thousand eight hundred and thirty-two, en-
titled "an act in addition to an act to define the powers, duties i832ch. 95.
and restrictions of insurance companies," and also a law of this
Commonwealih entitled " an act authorizing the several insur- I8i9ch. I4i.
ance companies of this Commonwealth to insure against fire,"
passed on the twenty-first day of February, one thousand eight
hundred and twenty, for and during the term of twenty years
from and after the passing of this act ; and by the name afore-
said, they may sue and be sued, plead and be impleaded, ap-
pear, 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 per-
sonal for the use of said company : provided^ that the real estate Real estate.
shall not exceed the value of fifty thousand dollars, excepting
such as shall 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 two hundred thousand dollars, and shall be
divided into shares of one hundred dollars, and shall be col-
lected and paid in, in such instalments, and under such provis-
ions and penalties as the president and directors of said company
may order and appoint.

Sect. 3. Be it further enacted, That said Tremont Insur- Location.
ance Company shall be located in Boston. [March 7, 1833. J

An Act to remove the Records of the Lands in Hopiiinton and Upton, lately belong- C/lfir), 71
ing to the Hopkins donation or trust, and for other purposes. -i

Sect. 1. BE it enacted by the Senate and House of Repre- 15 Geo. ii. ch.
sentatives, in General Court assembled, and by the authority ^-^ , ,„

/ w rrii r t n 1 r T i 1807 ch. 105.

oj the same, inat, alter the first day ol June next, the isiich. 55.
books of records of deeds and other conveyances of lands, ly- j'^-
ing in the towns of Hopkinton, in the county of Middlesex, and 1826 ch. 139.
of Upton, in the county of Worcester, lately belonging to the Resolve March
Hopkins donation or trust, shall be deposited and kept in the Books,~&c., to
registry of deeds for the county of Middlesex, atid it shall be bedeposited in
the duty of the register of deeds for said Hopkinton and Upton deeds^foVthe"
lands, to cause the said records, together with any original deeds cumy of Mid-
left with him for registry, and remaining on his files, to be re-
moved to the said registry of deeds for Middlesex, on or before
the first day of June next, and it shall be the duty of the regis- Duty of reo-is-
ter of deeds for the county of Middlesex, to receive and keep 'erof deeds for
said records, together with said original deeds, till called for by Mfcidlesex."
the owners thereof, and to record all deeds, conveyances and
executions made of, and extended upon any of the lands in said

320 1833. Chap. 71—72.

town of Hopkinton, as well those lately belonging to said Hop-
kins trust, as any others, in the same manner as if they were in any
other part of said county of Middlesex, and any copies from said
records so lefir with him, or any future records certified by him,
shall be as valid in law as copies of any other of his records.
Duty of register Sect. 2. Be it further enacted, That it shall be the duty
count^*^of°Wor! °^ ^^^ register of deeds for the county of Worcester, to record
cester. all deeds, conveyances and executions made of, and extended

upon any of the lands in the town of Upton, as well those lately
belonging to said Hopkins trust, as any other, in the same man-
ner as if they were in any other part of said county of Worces-
ter ; and for making said records, or copies thereof, he, as well
as said register of deeds for the county of Middlesex, shall be
entitled to the same fees as for similar records or copies of other
deeds, conveyances and executions.
Repeal. Sect. 3. Be it further enacted, That all acts and parts of

acts requiring the trustees of the charity of Edward Hopkins, or
of the Hopkins donation or trust, to appoint a register for said
lands, or to provide books of record therefor, or making any
other provisions inconsistent with the provisions of this act, be,
and the same hereby are repealed.
Records con- Sect. 4. Be it further enacted, That the records of deeds,

firmed. g^^j other conveyances of lands lately belonging to said Hopkins

donation or trust, which have heretofore been duly made in the
registry of deeds for the respective counties wherein such lands
may be situated, be, and the same are hereby confirmed and
Proviso. made valid in law : provided, that nothing in this section contain-

ed, shall be construed to affect any rights to said lands now vest-
ed and accrued. [March 7, 1833.]

y-^i rycy An Act in addition to "An Act to incorporate the Middlesex Mutual Fire Insurance

U/inp. I Z. Company."

1827 ch 136 Sect. I. BE it enacted by the Senate and House of Rep-

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

Liabilities of the samc. That, if any member of the "Middlesex Mutual
Fire Insurance Company," who has obtained, or shall obtain in-
surance of his buildings, subject to such lien as is provided in the
sixth section of the act to which this is in addition, or in case of
his death, his legal representatives, shall neglect, for the space of
thirty days after notice, given agreeably to the by-laws of the
corporation, to pay his deposit note, or any assessment or assess-
ments made upon him as a member of said corporation, pursu-
ant to the provisions of the act to which this is in addition, he
shall be liable to a suit of the corporation therefor, in an action
of the case in any court of competent jurisdiction : and the said
corporation, having obtained judgment and execution for the
amount of such deposit note, assessment or assessments, may,
at their election, cause said execution to be levied upon the
buildings insured, with the land under the same ; and the officer
having said execution shall proceed to satisfy the satne, with
costs, by a sale and conveyance of said bfiildings, with the land
under the same, or by a sale and conveyance of any part there-

members.

1833. Chap. 72—73. 321

of, giving the same notice, and proceeding in the same manner
as is required in the sale of equities of ledemption on execution.
And the insured shall have a right to redeem the estate thus sold,
within one year, by first paying to the purchaser, or his assigns,
the amount for which the estate shall be thus sold, and interest
on such amount at the rate of twelve per cent, per annum.

Sect. 2. Be it further enacted^ That no officer shall be Noofficerdis-
disqualified to act in any case arising under this act, by reason of bvVeing a* **^'
his being a member of said corporation, and, if otherwise quali- member,
fied, he may serve any civil process in which said corporation
may be a party. [March 7, 1833.]

An Act to incorporate the Savings Bank for Seamen in the city of Boston CAfifW. 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 Pliny Cutler, George Hallet, William Lawrence, Persons incor-
Benjamin Seaver, Thomas Motley, George W. Crockett, Wil- porated.
liam Worlhington, Newton Willey, William B. Reynolds, Wil-
liam W. Stone, James Means, Benjamin Rich, Lot Wheel-
wright, Joseph Cotton, Jr., Lot Wheelwright, Jr., Josiah W.
Blake, Thomas Vose, Nathaniel Dana, Charles Scudder, Sam-
uel H. Walley, Jr., Enoch Train, Edward D. Peters, Joseph
Ballister, Thomas K. Davis, William W. Motley, Peleg
Churchill, Daniel C. Bacon and Alfred Richardson, be, and
they hereby are created a corporation, by the name and title of
"the Savings Bank for Seamen in Boston," and that they, and
such others as shall be duly elected members of the said corpo-
ration, shall be a body politic and corporate, by the same name
and title.

Sect. 2. Beit further enacted, That the said corporation Deposits,
shall be capable of receiving from any persons who are seamen,
and from others connected with a seafaring life, on deposit, all
sums of money that may be offered for that purpose, and to use
and improve the same for the purposes, and according to the di-
rections herein mentioned and provided ; and each depositor shall
receive a book of deposit, in which shall be entered all sums de-
posited.

Sect. 3. Be it further enacted, That all deposits of money investments of
received by the said corporation, may be invested in any public <^«P°sits.
stocks created under and by virtue of any law of the TJnited
States, or of this Commonwealth, or of the city of Boston, or in ~
the capital stock of any bank within this Commonwealth, or loan-
ed on promissory notes secured by pledge of such stocks, at not
more than ninety per centum of their par value ; and no part of
the deposits shall be invested in any other manner, or loaned up-
on any other securities than those herein mentioned ; and the
income and profit thereof shall be applied and divided among the
persons making the said deposits, or their legal representatives, in
just proportion, with reasonable deductions for expenses ; and such
deposits shall be repaid to each depositor, at such times, and
under such regulations as the corporation shall prescribe, the

VOL. VII. 41

322

1833.-

-Chap. 73—75.

Membership.

Officers.

General pow-
ers.

By-laws.

First meeting.

Leg'islative
examination.

Treasurer to
give bonds.

Chap. lb.

1809 ch. 49.

Trustees re-
quired to pay
over the wnole
of the interest.

substance of which regulations shall be printed in the book of
deposit received by each depositor ; and no officer or member
of said corporation shall borrow any portion of such deposits, or
use the same, except to pay the expenses of the corporation.

Sect. 4. Be it further enacted, That the said corporation
shall have power to elect new members, by ballot, at their annual
meeting in each year, and any member, upon filing a written no-
tice with the president thereof, three months prior, may, at any
such meeting of said corporation, withdraw, and forever dissolve
his connexion with the same.

Sect. 5. Be it further enacted, That the officers of said
corporation shall be a president, vice president, secretary, treas-
urer, and twenty-four managers, seven of whom, the president,
vice president, secretary or treasurer being one, shall constitute
a quorum ; all officers shall be sworn to the faithful performance
of their duties, and shall hold their offices until others are chosen
in their stead.

Sect. 6. Be it further enacted, That the said corporation
may have a common seal, which they may change and renew at
pleasure ; and that all deeds, conveyances and grants, covenants
and agreements made by their treasurer, or by any other person
by their authority and direction, according to their instruction,
shall be good and valid ; and tlie said corporation shall at all
times have power to sue, and they may be sued, and may de-
fend, and shall be held to answer by the name and title aforesaid.
Sect. 7. Be it further enacted, 'i'hat the said corporation
hereby are vested with the power of making by-laws for the more
orderly managing the business of the corporation : provided, the
same are not repugnant to the constitution or laws of this Com-
monwealth.

Sect. 8. Be it further enacted, That any two persons
herein named may call the first meeting of the corporation, by
advertising it in any two of the daily papers published in the city
of Boston.

Sect. 9. Be it further enacted, That the officers and agents
of said corporation 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. 10. Be it further enacted, That the treasurer of said
corporation shall give bonds for the faithful performance of his
duties, in a sum not less than five thousand dollars. [March 7,
1833.]

An Act in addition to the Act of 1810, [1809,] chapter 49, relative to Parsonage Lands
in the South Parish, in Andover.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That, from and after the passing of this act, the trustees of the
fund provided for in the act to which this act is additional, and
their successors, are hereby authorized and required to pay over

1833. Chap. 75—77. 323

the whole of the interest or net annual income of said fund, in like
manner, and for the like purpose, as is expressed concerning five
sixths of the annual interest or income of said fund, in and by the
act to which this is in addition, any thing in the said act to the
contrary notwithstanding. [JVIarck 7, 1833.]

An Act to incorporate the Pacific Insurance Company. C^hflTt 7fi

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 Goddard, John L. Gardner and William Persons incor-
B. Swett, and their associates, and their successors and assigns, porated.
be, and they are hereby incorporated and made a body politic,
by the name of the " Pacific Insurance Coriipany," for the pur-
pose of making maritime loans, and insurance against maritime
losses, also to make insurance against fire, in the customary man-
ner, with all the privileges, and subject to all the duties and obliga- powers and
tions, contained in a law, entitled "an act to define the powers, du- duties,
ties and restrictions of insurance companies," passed on the six- I8i7ch. 120.
teenth 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 1832 ch. 95.
powers, duties and restrictions of insurance companies," and also
a law of this Commonwealth, entitled "an act authorizing the 1819 ch. 141.
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 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 judg-
ment 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 fifty Real estate,
thousand dollars, excepting such as shall 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 Capital stock,
of 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 pro-
visions and penalties as the president and directors of said com-
pany shall order and ap|)oint.

Sect. 3. Be it further enacted, That the " Pacific Insurance Location.
Company" shall be located in the city of Boston. [March 7,
1833.]

An Act confirming- the location of a wharf in Rochester, and authorizing the extension (JfldTf, 77.
of the same. "

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That David Hathaway and Zephaniah Eddy, of Rochester, in Persons author-
the county of Plymouth, and Charlton H. Wing, of Fairhaven, in ized to maintain

1833.-

.Chap. 77—80.

and extend
wharf.

Proviso.

Chap. 78.

1827 ch. 54.

Either of the
persons named
in the original
act may call a
meeting.

Chap, 79.

Persons incor-
porated.

Real and per-
sonal estate.

First meeting.

Chap. 80.

Persons incor-
porated.

First Meeting.

the county of Bristol, be, and they are hereby authorized and al-
lowed to maintain and continue their wharf at the " Old Land-
ing," so called, in said Rochester, and to extend the same, with-
out altering the direction thereof, to the edge of the channel, but
not exceeding the distance of thirty feet beyond its present limits :
provided, that nothing in this act shall in any wise impair or inter-
fere with the legal rights of any other person or persons whatso-
ever. [March 7, 1833.]

An Act to authorize certain persons to call a meeting of the Dartmouth Bridge Com-
pany.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That either of the persons named in the first section of an act
passed on the eighth day of February, in the year of our Lord
one thousand eight hundred and twenty-eight, entitled "an actio
incorporate the Dartmouth Bridge Company," be, and they,
and each of them hereby are authorized and empowered to call a
meeting of the proprietors named in the act aforesaid, in the man-
ner pointed out, in and by the second section of the act aforesaid.
[March 7, 1833.] Add. acts, 1834 ch. 1 1 : 1835 ch. 5.

An Act to incorporate the Dukes County 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 David Look, Bernard Luce, Harrison P. May-
hew, David Nickerson and Charles P. Athearn, their associates
and successors, be, and they are hereby incorporated as the Trus-
tees of Dukes County Academy, in the town of Tisbury, with
power to hold 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 neces-
sary by-laws, not repugnant to the laws of this Commonwealth.

Sect. 2. Be it further enacted. That David Look may
call the first meeting of said corporation, by giving personal no-
tice of the time and place thereof to each of the persons named
in this act, seven days at least previous to the time of said meet-
ing. [March 7, 1833.]

An Act to incorpiorate the First Methodist Episcopal Society, in Tisbury.

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 Daggett, Jr., Freeman Norton,
Thomas West, their associates and successors, be, and they
hereby are incorporated into a society, by the name of the First
Methodist Episcopal Society, in Tisbury, with all the powers,
privileges and immunities to which religious societies are entitled
by the constitution and laws of this Commonwealth, and with
power to make all necessary by-laws and regulations not repug-
nant to the constitution and laws of this Commonwealth.

Sect. 2. Be it further enacted, That William Daggett,

1833. Chap. 80—81. 323

Jr., is hereby authorized to call the first meeting of said society,
by posting up his notice at the door of the meeting-house, in
Holmes' Hole, seven days at least before such meeting, specify-
ing the time, place, and purposes of the same. [JWarckl., 1833.]

An Act in addition to an Act to regulate the Administration of Justice, in the town /^7,,,„ Qi
of Salem. CtlUp. 81.

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 Justice of the Police Court, within and for Jurisdiction of
the town of Salem, shall have original jurisdiction of all civil suits po''ce court m
and actions, of which justices of the peace, in the county of
Essex, may or shall have cognizance in concurrence with said jus-
tice, and exclusive jurisdiction of all such suits and actions where
the plaintiff and defendant reside in said town of Salem, and
service of the writ is had on the defendant in said county ; and no
justice of the peace shall have cognizance of such suits and actions
within said town ; and so much of the first section of the act to
which this is in addition, as provides that said police court shall
have original exclusive jurisdiction and cognizance of all civil suits
and actions, which might previously have been heard, tried and
determined before any justice of the peace, within said town of
Salem, be, and the same is hereby repealed.

Sect. 2. Be it further enacted, That said justice be, and Justice may
he is hereby authorized, when he shall deem it advisable, to commit offend-

•^ GTS to work-

commit all persons convicted by said court of the ofiences de- house.
scribed in the second section of the statute of one thousand seven nsTch. 54.
hundred and eighty-seven, chapter fifty-four, to the work-house
in Salem, instead of the house of correction, as is now required,
and for the same time they may now be committed to the house
of correction, to be kept and governed in said work-house, ac-
cording to the rules and regulations which are or may be estab-
lished for the government of said house, and at the expense of
said town of Salem.

Sect. 3. Be it further enacted. That it shall be lawful for Justice may
the justice of said court, at his discretion, to dischar2:e any per- ^'s^^'arge any

J. . . ' 1 1, 1 1 P 1 1 person impris-

son from imprisonment, who shall have been connned under oned for fine
sentence of any court for three months or more, in default of ^"'^'^°^^^ °"'^'*
payment of fine and costs only, when it shall be made to appear
to him that such person is unable to pay said fine and costs.

Sect. 4. Be it further enacted, That in all cases arising jurisdiction of
in the town of Salem, under the statute of one thousand eight court under St.
hundred and thirty-two, chapter one hundred and sixty-six, said ^
police court shall be held to be a court of competent jurisdiction,
except when the fine, forfeiture or penalty exceeds twenty dol-
lars : provided, that said court shall not have power to sentence
to imprisonment under said act, and an appeal shall lie therefrom
to the next court of common pleas in the county of Essex.

Sect. 5. Be it further enacted. That, from and after the Time of holding
first day of April next, said police court shall be held on the ^°"'"'-
second and fourth Mondays of each month, at ten of the clock in
tlie forenoon, to take cognizance of civil suits and actions, and

326

1 833.-

Chap. 81—82.

Chap. 82

Persons iiicor-
poraied.

Shares.

Votes.

Real and per-
sonal estate.

May hold cer-
tain real estate
in Province-
town.

Proviso.

that all writs and processes, returnable to said court, shall be
made returnable on the days and at the hour above mentioned.
[March 7, 1 833.]

An Act to incorporate the Union Wharf Company in the town of Provincetown.

Sect. I . BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled^ and by the authority of
the same, That Jonathan Nickerson, Thomas Nickerson, Ste-
phen Nickerson, and Samuel Soper, with their associates, suc-
cessors or assigns, be, and they hereby are incorporated and
made a body politic, by the name of "The Union Wharf Com-
pany in Provincetown," and by that name may sue and be sued,
plead and be impleaded, may have a common seal, and the same
may alter at pleasure ; and shall have power to a|)point such of-
ficers and make such by-laws as may be necessary, not inconsis-
tent with the laws of tliis Commonwealth. And the propeity of
said company shall be held in shares, of such number and value
as said company, at their first meeting, shall determine, and may
be increased in value or number at such times, and in such man-
ner, as shall be established by the by-laws of said company, and
each shall be entitled to one vote : provided, that no member
shall be allowed more than ten votes, and each member may vote
by proxy : and provided, that the amount of real and personal
estate held by said company shall not exceed the sum of thirty
thousand dollars.

Sect. 2. Be it further enacted, That the said company 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 said Prov-
incetown, bounded and described as follows, to wit: westerly by
land of Jonathan Nickerson, northerly by a road or highway,
easterly by land of Thomas Nickerson, and extending into the
harbour of said town, with a wharf and store upon the same ;
and said company shall have power to continue and extend the
said wharf into the harbour of said Provincetown, to the distance
of seventy-five rods from high water mark, and shall be also em-
powered to build and erect such wharf, or continue the said
wharf, which is already erected upon the said premises, to a
width not exceeding four rods, and shall be entitled to all the
rights, easements, privileges and appurtenances to the said prem-
ises belonging : provided, the lawful owners of said property shall
legally convey the same to said Union Wharf Company. And
said company shall have and enjoy the right to lay vessels at the
sides and ends of their said wharf, and receive dockage and
wharfage therefor ; also to grant, sell and alien their corporate
property, or any part thereof, and to lease, manage and improve,
build, rebuild, pull down or alter the same : provided, that the
rates of wharfage and dockage established by said company, shall
not exceed the usual rates of wharfage and dockage in the city of
Boston.

Sect. 3. Be it further enacted, That the said company

1833. Chap. 82—84. 327

shall agree upon the forms of certificates to be given to the pro- Certificates and

" ■ " ... ... tfaiisig,. '•

shares.

prietors or members of said company, and the shares in said fa'isierof

company shall be deemed and considered personal estate, and
shall be transferable by assignment on the back of the certificate,
recorded by the clerk of the corporation in a book to be kept
for that purpose, and shall be liable to attachment on mesne
process, and sale on execution, in the 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 said company Assessments.
shall have power, from time to time, to assess on the stockhold-
ers such sums of money, not exceeding in the whole three hun-
dred dollars on each share, for the purchase, improvement, and '
good management of their estate, and for removing, constructing,
erecting, repairing, or altering any buildings, wharf, docks, streets
or passage-ways on the said premises, or for the improvement
and management of the corporate property and estate, agreeably
to the true intent of this act. And in case any proprietor shall Sale of shares
refuse or neglect to pay any assessment, the said company may ^g^,i^_ ^^^^''^"
cause such of the shares of such proprietors as may be sufficient
therefor to be sold at public auction, to tlie highest bidder, after
thirty days notice, to be given by posting up notices in two pub-
lic places at least, in said town, and after deducting the amount
assessed and unpaid, together with charges of sale, the surplus,
if any, shall be paid over to such proprietor ; and the j)urchaser
of such share or shares, so sold, shall be entitled to receive a
certificate of the same.

Sect. 5. 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 company, by giving ten days notice to each member,
either in person, or by leaving at his last and usual place of abode
a written or printed notice.

Sect. 6. Be it further enacted^ That nothing in this act Rights of others
contained shall be construed to authorize said corporation to in- proiected.
terfere with the rights of any person or persons whatsoever.
iMnrch 7, 1833.]

An Act to incorporate the Second Baptist Society in Taunton. C/lCtTj, 84.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same.
That Etheridge Clark, Jr., Calvin Woodward, 2d., Thomas C. Persons incor-
Brown, and their associates, successors and assigns, be, and they P°''^^^^-
hereby are incorporated as a religious society, by the name of the
Second Baptist Society in Taunton, with all the privileges,
powers and immunities to wdiich other religious societies in this
Commonwealth are by law entitled, and may hold, purchase and Real and per-
receive, by gift or otherwise, real estate, not exceeding ten thou- so""' estate,
sand dollars in value, and personal estate, not exceeding eight
thousand dollars in value. And Etheridge Clark, .Jr., is hereby First meeting,
authorized to call the first iTieeting of said society, for the choice
of officers, and for the organization thereof, by giving public no-

328

1833.-

Chap. 84—87.

Chap, 86.

Persons incor-
porated.

Powers and
duties.

1829 ch. 53.

Real and per-
sonal estate.

Certificates.

First meelinsr.

Chap. 87.

Persons incor-
porated.

Powers and
duties.

1829 ch. 53.

Real and per-
sonal estate.

tice in one of the newspapers printed in Taunton, of the time
and place of said meeting. \March 9, 1833.]

An Act to incorporate the Boston Copper Mining Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled^ and by the authority of
the same^ That William Reynolds, John Heard, Jr., Isaac Ty-
son, Jr., William B. Reynolds and Amos Binney, and their
associates, successors and assigns, be, and they hereby are made
a corporation, by the name of the Boston Copper Mining Com-
pany, for the purpose of mining, making and vending copper, and
they shall have all the powers and privileges, and be subject to all
the duties and requirements, contained in the act, passed the twen-
ty-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 said corporation
may lawfully hold and manage such real estate, not exceeding in
value one hundred thousand dollars, and such personal estate, not
exceeding two 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-
specting the capital stock, required by the aforesaid act to be filed
and recorded in the registry of deeds, shall be made by the offi-
cers 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-
tion may be situated, and the first meeting of said corporation
shall be holden at Boston, at such time and place as shall be ap-
pointed by a majority of the persons named in this act, and at
such iTieeting the said corporation may be duly organized, upon a
notice thereof being given in some newspaper printed in Boston
three days at least before the time of meeting. [March 9, 1833.]

An Act to incorporate the Hopewell 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 A. Eliot, Edmund Dwight, James K.
Mills, Charles Richmond, Samuel Crocker and Harrison G.
Otis, their associates, successors and assigns, be, and they here-
by are made a corporation, by the name of the Hopewell Com-
pany, for the purpose of manufacturing cotton, and machinery
therefor, 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 manu-
facturing 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 ex-
ceeding the value of two hundred thousand dollars, and such
personal estate, not exceeding the value of two hundred thousand

1833. Chap. 87--91. 329

dollars, as may be necessary and convenient for the purposes
aforesaid. [JIfarc/i 11, 1833.]

An Act in addiiion to " An Act to incorporate certain persons Trustees to manage a dlQTl^ 90*
fund for tlie permanent support of a school in District No. 3, in the town of Bland- -*

ford, in the county of Hampshire.'' 1807 ch. 118.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That all the persons who now are, or may hereafter All freeholders
beome resident freeholders within the limits of school district No. ^he district shall
3, in the town of Blandford, as said district was established at the constitute the
time of the passage of the act to which this is in addition, shall i^^J.
constitute the board of trustees for all the purposes mentioned in
said act, and shall be metnbers thereof as long as they shall con-
tinue to be resident freeholders of the said district, and no longer,
any thing in the act to which this is in addition to the contrary
notwithstanding.

Sect. 2. Be it further enacted, That said trustees may, at Committee,
their annual meeting in the month of April, choose a committee
of three persons, who shall have power to call meetings of said
trustees, and to perform any of the duties devolving upon said
corporation by the act aforesaid, which the said trustees, at any
regular meeting, may authorize and empower them to perform,
the persons so chosen giving bond, if required, at the discretion
of the trustees, for the faithful performance of their duty, any
thing in the act to which this is in addition to the contrary not-
withstanding. [March 11, 1833.]

An Act in addition to an Act to establish the Boston and Worcester Rail-road Cor- ChctTO. 91.
poralion. •*

Sect. 1. BE it enacted by the Senate and House of Ren- issich. 72.
resentatives,in General Court assembled, and by the authority
of the same, That the further term of two years be granted Further time
to the Boston and Worcester Rail-road Corporation to 61e the pranted to file
location of the route of their rail-road, as provided for in the road.'
twelfth section of the act establishing said corporation.

Sect. 2. Be it further enacted, That in case the said County commis-
corporation shall not be able to obtain the land or other pro- ^i°a^t" dTmage
perty which they may take for said road, or for the proper con- occasioned by
struction and security thereof, by voluntary agreement with the 'a'""S'a°<*-
owner or owners of said land or other property, the said corpo-
ration, as well as the said owner or owners, may apply to the
county commissioners of the county where the said property is
situate, to estimate the damages occasioned by taking the same.
And, in case either party is dissatified with the estimate, thus
made by the commissioners, he or they may apply for a jury
upon this subject at the next regular meeting of said commission-
ers. And no application to said commissioners to estimate said
damages, shall be sustained, unless made within one year from the
time of taking said property.

Sect. 3. Be it further enacted, That every thing con- Repeal,
tained in the original act of incorporation inconsistent with the

VOL. VII. 42

330

1833.

Chap. 91— -93.

Chap. 92.

1832 ch. 94.

Change of
name.

Time extended
for payment
of capital stock.

provisions of this act, be, and the same is hereby repealed.
[March 11, 1833.]

An Act in addition to " An Act to incorporate the President, Directors and Company
of the Mercantile Bank 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 corporation, created by the act, to which
this is in addition, by the name of the " President, Directors and
Company of the Mercantile Bank in the city of Boston," shall
hereafter be known by the name and title of the President, Di-
rectors and Company of the Granite Bank.

Sect. 2. Be it further enacted, That so much of the act
to which this is in addition as requires that the whole capital
stock of said corporation shall be paid in, within one year from
the passing of the said act, be, and the same hereby is repealed ;
and that the payment of the whole of said capital stock may be
made at any time on or before the first Monday of October, in
the year of our Lord one thousand eight hundred and thirty-three.
[March 11, 1833.] Add. act, 1837 ch. 137.

Chat) . 93. ^"^ ^^^ '° incorporate the Proprietors of the Washington street Christian Meeting-
■t^ * ' House in Fairhaven

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 Noah Stoddard, Jabez Delano, Jr., and Joseph
Bates, their associates and successors, be, and they are hereby
incorporated as a religious society, by the name of the Proprie-
tors of the Washington street Christian Meeting-House in Fair-
haven, with all the privileges, powers and immunities to which
other religious societies in this Commonwealth are, by law, en-
titled ; and with liberty to hold and possess, in their corporate ca-
pacity, real estate in Fairhaven, to the value of twelve thousand
dollars, and personal estate to the value of ten thousand dollars.

Sect. 2. Be it further enacted, That said corporation
may assess upon the pews in their meeting-house, according
to a valuation of said pews, which shall be agreed upon by said
corporation previous to such assessment, such sums of money,
not exceeding one thousand dollars per annum, as shall hereafter
be voted to be raised by said society, for the support of public
worship, and for other purposes incident to the authority given
by this act ; and all assessments upon the pews as aforesaid, may
be collected by the treasurer of said corporation, in 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," passed the
twenty-fourth day of February, in the year of our Lord one
thousand eight hundred and eighteen.

Sect. 3. Beit further enacted, That any one of the per-
sons named in this act, may call the first meeting of said propri-
etors, by giving personal notice ten days previous thereto, of the
time and place of said meeting. [March 11, 1833.]

Persons incor-
porated.

Real and per-
sonal estate.

Assessments.

1817 ch. 189.

First meeting.

1833. Chap. 94—96. 331

An Act to incorporate the South Reading Mechanic and Ag^ricultural Institution. Ckdl), 94.

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 Burrage Yale, John Clapp, Suel Winn, Jere- Persons incor-
miah Green, Thomas Emerson, Jr., and Robert Ranioul, Jr., po'^^ed.
and their associates, with such as may hereafter associate with
them, be, and they hereby are incorporated by the name of the
South Reading Mechanic and Agricultural Institution, for the
purpose of encouragement to agriculture and the mechanic arts,
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 cor- Real and per-
poration may hold and possess real estate, not exceeding the s<>"^' estate.
value of ten thousand dollars, and the annual income of its per-
sonal estate, shall not exceed the sum of five thousand dollars.

Sect. 2. Be it further enacted, That Burrage Yale and First meeting.
John Clapp, are hereby authorized to call the first meeting 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. [J\Iarch 12, 1833.]

An Act to incorporate the North American Steam Coach Company. CyflCip. 9d«

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, John Rayner, Robert Rals- Persons incor-
ton, Jr., Richard M. Bouton, their associates, successors and P«""ated.
assigns, be, and they hereby are made a body politic, by the
name of the North American Steam Coach Company, for the
purpose of purchasing and constructing carriages to be propelled
by steam, using and improving the same upon common roads, or
any other, with permission of the proprietors thereof, and provid-
ing all accommodations for their convenient use, in the transpor-
tation of passengers and merchandize, and shall have all the pow- Powers and du-
ers and privileges, and be subject to all the duties and require- ties,
ments prescribed and contained in an act passed the twenty-third
day of February, in the year of our Lord eighteen hundred and
thirty, entitled "an act defining the general powers and duties 1829 ch. 53.
of manufacturing corporations," with authority to sue and be
sued, to choose such officers, make such by-laws, and transact
such other business as the proper management of the affairs of
said company may require : provided, the same are not repug-
nant to the constitution and laws of this Commonwealth.

Sect. 2. Be it further enacted, That said company may Real and per-
lavvfully purchase, hold and convey real estate, not exceeding the *°"^' estate,
value of fifty thousand dollars, and personal estate, not exceeding
the value of fifty thousand dollars, as may be necessary and con-
venient to carry into effect the objects of this act.

Sect. 3. Be it further enacted, That the name of said Nameofcom-
company shall be conspicuously affixed on all coaches or cars fixeci to coaches
which may be used by them ; and if said company shall neglect or cars used by

332

1833.-

■Chap. 96—97.

Real estate,
where situated.

Restrictions on
company.

Conditions of
this act.

Fir.st meeting.

Chap, 97.

Persons incor-
porated.

Powers and du-
ties.

1817 ch. 120.

1832 ch. 93.
1819 ch. 141.

to comply with this requirement, they shall be liable to forfeit and
pay the sum of ten dollars for each and every day during which
any of their said cars and carriages may be employed in the
transportation of passengers or property, without having their
said names so affixed thereto, which forfeiture may be sued for
and recovered in any court of competent jurisdiction, by the per-
son who shall sue for the same, to his own use, and said compa-
ny shall be responsible for all baggage or other property commit-
ted to their agents, to be conveyed on any of their routes, or any
part thereof.

Sect. 4. Be it further enacted. That all the real estate
which said corporation is authorized by this act to hold .md [)os-
sess, shall be situated in the counties of Suffolk or Essex.

Sect. 5. Be it further enacted, That nothing contained in
this act shall authorize the company hereby incorporated to con-
struct any new road, to use any road belonging to any incorpo-
rated company, without the consent of such company, or to
impede, obstruct or hinder any other persons having occasion to
travel or do business on the roads where the engines of the com-
pany may be used, but the company shall be liable to an action
or indictment for any injury they may occasion, in the same man-
ner as if this act had not been passed.

Sect. 6. Be it further enacted, That, if the company here-
by created be not organized, and have not steam coaches in actual
operation within two years from the passing of this act, then this
act shall be void and of no effect.

Sect. 7. Be it further enacted. That Henry A. Breed, or
any other person named in this act, is hereby authorized to call
the first meeting of said company, by written notice thereof, de-
livered to each member of said con)pany, four days at least be-
fore the time of holding the same. [March 14, 1833.]

An Act to incorporate the Packet 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 William B. Reynolds, John A. McGaw, Charles
O. Whitmore, Josiah Slickney and Henry Lincoln, and their
associates, and successors, be, and they are hereby made a body
politic, by the name of the Packet Insurance Company, for the
purpose of making maritime loans, and insurance against maritime
losses, and insurance against losses by fire, in the customary man-
ner, with all the privileges, and subject to all the duties and obli-
gations, 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 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,"
and in a law of this Commonwealth, entitled "an act authorizing
the several insurance companies of this Commonwealth to insure

1833. Chap. 97—103. 333

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.

Sect. 2. Be it further enacted, That said corporation may Real and per-
purchase, hold and convey any estate, real or personal, for the ''°°* estate,
use of said company ; provided, that the 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. 3. 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 provi-
sions and penalties, as the president and directors of said com-
pany shall order and appoint.

Sect. 4. Be it further enacted, That the Packet Insurance Location.
Companv shall be located in the city of Boston. [March 14,
1833.] '

An Act to dissolve the Second Massachusetts Turnpike Corporation. C^hnn QR

BE it enacted by the Senate and House of Representatives, in 1795 ch. 72.
General Court assembled, and by the authority of the same, i^- 2- p- 130.)
That the Second Massachusetts Turnpike Corporation be, and (v. 3.^471.)
the same is hereby dissolved ; and said corporation are hereby I8i7ch. 21.

f ,. 1 /r ,, ,. l-y, , • , • J 1 • • 1829 ch. 106.

lorever discharged h'om all liability to maintain and keep in repair „ ,.

., MI I--I r • ■ 1 Corporation dis-

said turnpike road, any thing in the act 01 incorporation, passed solved.
on the eighth day of March, in the year of our Lord one thou-
sand seven hundred and ninety-seven, and the several acts in ad-
dition thereto, to the contrary notwithstanding. [JUarch 14,
1833.]

An Act in addition to an Act to incorporate the Franklin Laboratory. CHcLTJ 99

BE it enacted by the Senate and House of Representatives, 1332 ch. 152.
in General Court assembled, and by the authority of the same,
That the stockholders of the Franklin Laboratory be, and they Real and per-
are hereby authorized to hold real estate, necessary for the pur- *°"*' estate,
pose of prosecuting the business of said corporation, to an amount
not exceeding fifteen thousand dollars, and personal estate for
the same purpose, not exceeding thirty thousand dollars in value,
and the capital stock of said corporation is hereby increased to
the amount of the before named sums. [JMarch 14, 1833.]

An Act authorizing^ Pain G. Atwood to l>uild a Bridge in Wellfleet. C/lCtV 1 03

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That Pain G. Atwood be, and he is hereby authoi ized to build p. G. Atwood
a bridge over the northwest arm of Duck creek, in the town of buiid°a^bridffe
Wellfleet, from Atwood's wharf on Mayo's beach, to the landing
at Milton's hill : provided, a suitable draw be constructed, not
less than eighteen feet in width, the under part of which shall be
three feet above the ordinary high water level. [JUarch 14,
1833.]

334 1833. Chap. 104—106.

f^hrm 1 04. ■'^" ^^^ '° incorporate the Tenean Free Bridge 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 sa.nu, That Israel Lombard, Josiah Stickney and Elisha
porated. Preston, together with their associates, successors and assigns,

be, and they hereby are made a corporation, by the name of
"the Tenean Free Bridge Company," with the authority and
for the purpose of building a bridge over Mill creek, from Leeds'
neck, to Bark Warwick street, so called, in Dorchester.
When and how Sect. 2. Be it further enacted, That said corporation shall
bridge shall be hgve three years from the passage of this act to erect and com-
plete said bridge ; that the same shall be built and maintained at
their expense, and shall be kept at all times passable, safe and
convenient for passengers, free of toll ; that the same shall be
constructed not less than thirty feet in width, with sufficient rail-
ings on each side, and with a draw not less than twenty feet wide
in the clear, in the most suitable place for the passage of vessels,
which draw shall be raised at all times, on reasonable request, by
an agent of the corporation.
Damages. Sect. 3. Be it further enacted, That said corporation shall

be liable for all damages to travellers over said bridge, happening
through any defect of the same, in the same way and manner as
towns are liable for defects in public highways and bridges.
First meeting. 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 said corporation, by publishing notice thereof in one of the
newspapers printed in the city of Boston, or posting the same in
two or more public places in said town of Dorchester, seven
days before said meeting. [JWarch 14, 1833.]

Chcit) 1 05. ^^ ^^"^ '° incorporate the Cambridge Mutual Fire Insurance 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 Nathan Childs, Phinehas B. Hovey, and
porated. William Fiske, their associates, successors and assigns, be, and

they hereby are made a corporation, by the name of the Cam-
Powers and bridge Mutual Fire Insurance Company, with all the powers and
I833ch.83. requirements contained in "an act concerning corporations,"
passed March eighth, one thousand eight hundred and thirty-
three, for the term of twenty-eight years.
When author- Sect. 2. Bc it further enacted. That whenever a sura
ized to insure, amounting to one hundred thousand dollars shall be subscribed to
be insured, the said corporation may insure any buildings, goods
or chattels whatsoever, to any amount not exceeding three fourths
of the value thereof, and for any term not less than one year, nor
greater than seven years.
Officers, votes, Sect. 3. Be it further enacted. That said corporation may
*'*'• choose such 'officers as may be deemed necessary ; may estab-

lish such by-laws and regulations for the government and man-
agement of their affairs, as shall not be repugnant to the consti-
tution and laws of this Commonwealth ; and that each member

1833. Chap. 105—106. 335

of said corporation may vote by proxy, and be entitled to as
many votes as he has policies.

Sect. 4. Be it further enacted, That the funds of said cor- Funds,
poration shall first be appropriated to pay the expenses thereof,
and then to the payment of damages which any member may be
entitled to recover on his policy ; and when the just demand of
any member against the corporation shall exceed the amount of
its funds, such sum as may be necessary to pay the same, shall,
without delay, be assessed on the members, in proportion to, but
not to exceed three times the amount of their premiums and de-
posits for seven years.

Sect. 5. Be it further enacted, That any person who may Executions,
recover judgment against the said corporation may levy his exe- how levied.
cution on its estate or funds ; but if sufficient estate or funds
cannot be found, and the corporation neglect or refuse to satisfy
the same for the space of sixty days after demand made upon the
presiding or recording officer, or the treasurer thereof, then such
judgment creditor may levy his execution upon the private prop-
erty of any one or more of the members ; and any person whose
property may be so taken, shall be entitled, by an action on the
case, to recover full and adequate compensation therefor.

Sect. 6. Be it further enacted, That tiie property insured Policies shall
in any policy issued by the said corporation, and the land under '^'"eate a hen.
the same, if a building, shall be thereby subjected to a lien for
the payment of the premium stipulated in, and of all assessments
lawfully made by virtue of, such policy ; and the said corporation,
in addition to such lien, may take such other collateral security
as it may deem proper.

Sect. 7. Be it further enacted, That, whenever any mem- Collection of
ber of the said corporation shall neglect or refuse to pay any sum sessments'&c
which may be due from him by way of premium, assessment or
otherwise, and the said corporation shall commence an action
therefor, the lien above mentioned shall be the same, and the
property subject thereto shall be taken and appropriated to satisfy
any execution recovered in such action, in the same manner, and
not otherwise, as if it were attached upon the original writ there-
in. [March 14, 1833.]

An Act authorizing Eiisha Luce and Theophilus Pitcher, Jr., to build a Wharf in Chni)\C\f\
Rochester. Jr *

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same. That
Eiisha Luce and Theophilus Pitcher, Jr., be, and they are here- Persons author-
by authorized and allowed to build a wharf on and from their land '^.harf° ''""''' *
adjoining Sippican harbor, at a place called the "old landing,"
at the head of said harbor, in Rochester, and to extend the same
to the edge of the channel : provided, that said wharf shall not Provisos,
approach nearer than fifty feet to the wharf of David Hathaway
and others, when the same shall be extended, and that said wharf
herein authorized to be built, shall not, with a vessel lying at the
end thereof, prevent the access of vessels to the wharf of said
Hathaway and others : and further provided, that this grant shall

336

1833.-

-Chap. 106--109.

in no wise interfere with the legal rights of any other person or
persons whatsoever. [March 14, 1833.]

An Act to incorporate the First Unitarian Religious Society of Braintree and Wey-
mouth.

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 Whittemore, Amos W. Stetson, and
Whitcomb Porter, 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 Unitarian Religious Society of
Braintree and Weymouth, with all the powers and requirements
incident to religious societies, and those contained in " an act
concerning corporations," passed March eighth, one thousand
eight hundred and thirty-three.

Sect. 2, Be it further enacted, That the said society may
take, 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. [March 14,
1833.]

An Act to incorporate the First Universalist Society in the town of Quincy.

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 Bent, George M. Briesler, and Silas
Leonard, together with such others as already have, or may
hereafter associate with them, and their successors, be, and they
are hereby incorporated as a religious society, by the name of
the First Universalist Society in the town of Quincy, with all
the powers and requirements incident to religious societies, and
those contained in "an act concerning corporations," passed
March eighth, one thousand eight hundred and thirty-three.

Sect. 2. Be it further enacted, That said society may re-
ceive, hold and possess real estate to the amount of twenty thou-
sand dollars, and personal estate to the amount of two thousand
dollars : provided, the income arising from the same shall be
appropriated exclusively to parochial purposes. [March 14,
1833.]

ChctV 1 09. ^^ ^^^ '° establish the Andover and Wilming-ton 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 Mark Newman, Paschal Abbot, Francis Kid-
der, Amos Abbott, Hobart Clark, James Locke, John Flint,
Amos Blanchard, Samuel Farrar, John Smith, 2d., Merrill Pet-
tengill, Aaron Green, their associates, successors and assigns, be,
and they hereby are made a body politic and corporate, under the
name of the Andover and Wilmington Rail-road Corporation,
with the powers and requirements contained in " an act concern-
ing corporations," passed March eighth, in the year of our Lord
one thousand eight hundred and thirty-three. . And the said cor-
poration are hereby empowered to locate, construct and finally

Chap 101.

Persons incor-
porated.

1833 ch. 83.

Real and per-
sonal estate.

Chap lOS.

Persons incor-
porated.

1833 ch. 83.

Real and per-
sonal estate.

Persons incor-
porated.

[Name chang-
ed, 1837 ch.
113.]

Powers and du-
ties.
1833 ch. 83.

1833. Chap. 109. 337

complete a rail-road, commencing at or near the south parish Route of road,
meeting-house, in Andover, and thence to the Boston and
Lowell Rail-road, in Wilmington, in the county of Middle-
sex, so as to form a branch thereof, in such manner and form as
they shall deem most expedient ; and for this purpose, the said cor-
poration are authorized to lay out their road at least four rods wide
through the whole length ; and for the purpose of cuttings, em-
bankments, stone and gravel, may take as much more land as may
be necessary for the proper construction and security of said road :
provided, hoioever, that all damages that may be occasioned to any Proviso,
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 Capital stock,
said corporation shall consist of one thousand shares ; and the im- <'®<'^'"S; ^'c.
mediate government and direction of the affairs of said corpora-
tion shall be vested in five directors, who shall be chosen by the
members of the corporation, in the manner prescribed in their by-
laws, and shall hold their offices until others shall be duly elected
and qualified to take their place as directors ; and the said direc-
tors, 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 five 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 empowered, by them- rectors" '"
selves 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 author-
ity for the management of the afi'airs of the corporation, not here-
tofore granted, as may be necessary and proper to carry into ef-
fect the objects of this grant ; to purchase and hold land, materi-
als and other necessary things in the name of the corporation, for
the use of said road ; to make such equal assessments, from time Assessments,
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 corpora-
lion. And the treasurer shall give notice of all such assessments ;
and in case any subscriber or stockholder shall neglect to pay his
assessment for the space of thirty days after due notice by the treas-
urer of said corporation, the directors may order the treasurer to
sell such share or shares at public auction, after giving due notice
thereof to the highest bidder, and the same shall be transferred
to the purchaser ; and such delinquent subscriber or stockholder
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 to the
VOL. VII, 43

338 1833. Chap. 109.

overplus, if his share or shares shall sell for more than the assess-
ments due, with interest and costs of sale : provided^ hoivever,
that no assessments shall be laid upon any shares in said corpora-
tion, of a greater amount in the whole, than one hundred dollars
on each share.
Tolls. Sect. 4. 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 properly 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-
sons and property, the construction of the 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 from
time to time shall prescribe and direct, and said road may be
used by any persons who shall comply with such rules and regu-
Leffisiature lations : provided, hoicever, that if, at the expiration of ten years
may reduce the from and after the completion of said road, the net income or re-
rates of toll, ceipts from the 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 costs 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 in the ten preceding years ; and
at the expiration of every ten years thereafter, the same proceed-
ings may be had.
Toll-houses, Sect. 5. Be it further enacted, That the directors of said

gates, &c. 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.
Damages. Sect. 6. 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 or
other property for said rail-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.
Lands of mar- Sect. 7. Be it further enacted, That when the lands or
howTaken"' '^ Other property of any married woman, infant, or person under
guardianship, shall be necessary for the construction of said rail-
road, the husband of such married woman, and the guardian oi
such infant or other person 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 respec-
tively.
Penalty for ma- Sect. 8. Be it further enacted, That if any person shall
licious injury to wilfully, maliciously or wantonly, and contrary to law, obstruct
rail-road. ^^^ 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

1833. Chap. 109. 339

belonging thereto, or any material or inripleraent to be employ-
ed in the construction or for the use of said road, he she or they,
or any person or persons assisting, aiding or abetting such tres-
pass, shall forfeit and pay to said corporation, for every such of-
fence, treble such damages as shall be proved before the justice
court or jury before whotn 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 corporation ; and such offender or of-
fenders shall be liable to indictment by the grand inquest for the
county within which such trespass shall have been cotnmitted,
for any offence or offences contrary to the above provisions, and
on conviction thereof, before any court of common pleas, to be
holden in said county, shall pay a fine, not exceeding one hun-
dred dollars, and not less than thirty dollars, to the use of the
Commonwealth, or may be imprisoned for a term not exceed-
ing one year, at the discretion of the court before whom the con-
viction may be had.

Sect. 9. Be it further enacted, That, at all meetings of said Right of voting,
corporation, each proprietor shall be entitled to as many votes
as he holds shares : provided, that no vote shall be given by any
proprietor by virtue of any shares held by him, exceeding one
tenth part of the whole number of shares.

Sect. 10. Be it further enacted, That, if the said rail-road. How rail-road
in the course thereof, shall cross any private way, the said cor- shall be con-

*' r •' ' slrucieo across

poration shall so construct said rail-road as not to obstruct the piivaie or pub-
safe and convenient use of such private way ; and if said rail- ''cways.
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 said rail-road shall, in the course thereof, cross any high-
way, the said rail-road shall be so constructed as not to impede
or obstruct the safe and convenient use of such highway. And
the said corporation shall have the power to raise or lower such
highway or private way, so that the said rail-road, if necessary,
may conveniently pass over or under the same ; and if the said
corporation shall raise or lower any such highway or private
way, and shall not so raise or lower the same as to be satisfactory
to the selectmen of the town in which said highway or private way
may be situated, said selectmen may require in writing of said Alterations,
corporation such alteration or amendment as they may think ne-
cessary. And if the required amendment or alteration be rea-
sonable and proper, and the said corporation shall unnecessarily
and unreasonably neglect to make the same, such selectmen may
proceed to make such alteration or amendment, and may institute
and prosecute to final judgment and execution, in any court prop-
er to try the same, any action of the case against said corpora- '
tion, and shall therein recover a reasonable inden)niiy in damage
for all charges, disbursements, labor and services, occasioned by
making such alteration or amendments, with costs of suit.

Sect. 11. Be it further enacted, That it shall be in the Common-
power of the government of the Commonwealth, at any time wealihmaypur-

340

1833.-

•Chap. 109.

chase rail-road,
&c.

Reports to the
Legislature.

Conditions
of this act.

[Further time
allowed for fi-
ling location,
1834. ch. 175,
and for com-
pleting road
1835 ch. 134.]

Authorized to
enter on B. &
L. rail-road.

Bridges.

during the continuance of the charter hereby granted, after the
expiration of twenty years from the opening of the said rail-road
for use, 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 in case, at the time of making such
purchase, the said corporation shall not have received a net in-
come 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 pay-
ment thereof by the stockholders of the said corporation to the
time of such purchase. And it shall be the duty of said corpora-
tion, from year to year, to make a report to the Legislature un-
der oath, of their acts and doings, receipts and expenditures un-
der the provisions 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 unrea-
sonably 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 indictment in any court of competent ju-
risdiction.

Sect. 12. Be it further enacted^ That if the amount of
stock of 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 in which the land proposed to be
taken for said rail-road is situate, previous to the first day of
June, in the year of our Lord one thousand eight hundred and
thirty-four, or if the said corporation shall fail to complete the
said rail-road on or before the first day of January, 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 the said corpora-
tion are hereby authorized to enter with their rail-road on such
part of the Boston and Lowell rail-road as shall be deemed most
expedient, paying for the right to use the same or any part there-
of such a rate of toll as the Legislature may from time to titne
prescribe, 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 their act of incorporation.

Sect. 14. 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,
turnpike, or other highway, or any private* way, or for conduct-
ing such private way, turnpike, or other higliway over said rail-
road. [March 15,1833.] Add. acts, 1834 ch. 175: 1835
ch. 134: 1837 ch. 113. 188.

1833. Chap. 111—112. 341

An Act in addition to an Act to establish a Police Court in the town of Lowell. CJinn 111

BE it enacted by the Senate and House of Representatives ^ in jggg ^^ g^
General Court assembled, and by the authority of the same,
That the act passed the second day of March, in the year of our Original act,
Lord one thousand eight hundred and thirty-three, to establish a ^^e^cV" '^''^
police court in the town of Lowell, shall take effect from and
after the thirty-first day of said March, any thing in said act to
the contrary notwithstanding. [March 15, 1833.]

An Act to incorporate the North Christian Society in New Bedford. Chfin I 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 John Perkins, Jatnes H. Collins, Mark B. Persons incor-
Palnier, and their associates, together with such persons as may P"""*^
hereafter associate with them, and their successors, be, and they
are hereby incorporated as a religious society, by the name of
the North Christian Society in New Bedford.

Sect. 2. Be it further enacted, That the said society shall Real andper-
have power to purchase, receive by gift, or otherwise, and hold ^°"^' estate,
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 : provided, said estate, so held, shall at no time ex-
ceed in value the sum of fifty thousand dollars, and may sue and
be sued by their corporate name, may have and use a common
seal, elect such officers, and make and establish such by-laws,
rules and regulations as to them may seem necessary and conve-
nient for the government of said society, and the management of
their affairs : provided, the same are not repugnant to the consti-
tution and laws of this Commonwealth.

Sect. 3. Be it further enacted, That the said society shall Assessments.
have power to assess upon the pews, in any meeting-house which
they may erect, purchase, or oiherwise hold, according to a val-
uation of said pews, which shall be agreed upon by said society,
at any time previous to such assessment, such sums of money as
shall hereafter be voted to be raised by said society, for the pur-
pose of altering or repairing said meeting-house, or other build-
ings of said society ; and all assessments upon the pews aforesaid,
may be collected by the treasurer of said society, in the manner
provided by "an act authorizing the proprietors of churches, I8i7ch. 189.
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.

Sect. 4. Be it further enacted. That, in all meetings of i^'ffht of voting.
said society, held for the purpose of raising money by assessment
upon the pews in the meeting-house of said society, the owner
of a pew or pews in said meeting-house shall be entitled to one
vote for each pew so owned.

Sect. 5. Be it further enacted, That either of the three First meeting,
persons named in this act may call the first meeting of said soci-
ety, for the choice of officers, and for the organization thereof.

342

1833..

-Chap. 112—113.

Chap 113.

Persons incor-
porated.

1833 cli. 83.

Assessments.

Personal liabili-
ty of members.

Dams, locks,
&c.

Provisos.

Real and per-
sonal estate.

by giving public notice in one of the newspapers printed in New
Bedford, of the time and place of said meeting. [J\Iarch 15,

1833.]

An Act to incorporate the Herring River Company, in the town of Harwich.

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 Job Chase, Jr., Elijah Chase, Anthony Kel-
ley, Joseph Kelley, Joshua Wixon, Jr., and Richard Baker,
their associates, successors and assigns, be, and they hereby are
made a body politic, by the name of the " Herring River Com-
pany," with the powers and requirements, contained in "an act
concerning corporations," passed March eighth, one thousand
eight hundred and thirty-three, for the purpose of deepening the
channel, and improving the navigation and the alewive fishery of
said river.

Sect. 2. Be it further enacted, That the property of said
company shall be divided into one hundred shares, and all assess-
ments made by said company for expenses, or for the erection
or construction of works in conformity with the provisions of this
act, or for the payment of damages recovered of this company,
shall be equally apportioned upon all the shares of said company,
and the private property of each member of said company shall
be holden for the payment of all such assessments ; and such as-
sessments shall never exceed the sum of twenty dollars upon
each share, except for the payment of damages which may have
been recovered of said company ; and the private proj)erty of
each member of said company shall be holden for the payment of
any debt or damage for which said company shall be liable.

Sect. 3. Be it further enacted, That the said company shall
have power to construct and erect dams, locks, and other works
across and upon said river, at suitable places, and also to erect
piers, wharves and dykes, at the mouth, and upon the banks of
said river, for the purpose of deepening and preserving the chan-
nel, and facilitating the navigation and benefiting the alewive
fishery on said river : provided, the said company shall not ap-
propriate to its use any individual property, or infringe or trespass
upon any private or corporate rights or privileges, or do any act
to the prejudice of such rights or privileges, without paying a full
and ample indemnity therefor to the individual or corporation
sustaining the same : and provided, also, that said dams shall be
provided with locks of sufficient dimensions to allow the safe and
convenient passage of vessels of sixty-five tons.

Sect. 4. Be it further enacted. That said company may
hold real estate, not exceeding in value one thousand dollars, and
personal estate, not exceeding one thousand dollars, so far as
may be necessary for carrying into effect the purposes of this
act. [March 15, 1833.]

1833. Chap. 114—115. 343

An Act to incorporate the Plymouth Marine Insurance Company. Ckd'P 114.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled, and by the authority of the
snme^ That Barnabas Hedge, Jacob Covington, and their associ- Persons incor-
ates, successors and assigns, be, and they are hereby made a body po'ated.
politic, by the name of the Plymouth Marine Insurance Com-
pany, for the purpose of making maritime loans, and insurance
against maritime losses, in the customary manner, with all the Powers and
privileges, and subject to all the duties and obligations, contained ""'^^*
in a law, entitled " an act to define the powers, duties and restric- I817 ch. 120.
tions of insurance companies," passed on the sixteenth day of
February, in the year of our Lord one thousand eight hundred and
eighteen, and in 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 1832 ch. 95.
and restrictions of insurance companies," for and during the term
of twenty years from and after the passing of this act, and may
purchase, hold and convey any estate, real or personal, for the
use of said company : provided, that the real estate shall not ex- Real estate,
ceed the value of ten thousand dollars, excepting such as may
be taken for debt, or held as collateral security for money due
to said company.

SiiCT. 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, and shall all be
collected and paid 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 the Plymouth Marine Location.
Insurance Company shall be located in the town of Plymouth.
[March 15, 1833.]

An Act to authorize the sale of Ministerial Land by the First Parish in the town of Qhnjj 1 ] K
Hopkinton. i

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That the first parish in the town of Hopkinton is hereby author- Parish may em-
ized to empower the treasurer of said parish, for the time being, po^ert

1 r 1 • • • • 1 1 1 I • to sell n..

to sell any part, or the whole of their ministerial lands lying rial lands
within the town of Hopkinton, and to make and execute a deed
or deeds thereof, and invest the proceeds of the sale or sales of
said lands in such manner as the said parish, by their vote, or by
the direction of a committee thereto duly authorized by said par-
ish, shall order and direct : provided, that the minister or minis- Proviso,
ters of said parish, for the time being, shall concur with said
parish in the sale of said lands, and join in the execution of any
deed or deeds made for the conveyance thereof: and provided,
also, that the proceeds aforesaid shall be so invested that the in-
come thereof only shall be applied for the support of the ministry
in said parish. [March 15, 1833.]

reasurer
ministe-

344

1833.-

■Chap. 116.

Chapi\6.

Persons incor-
porated.

Powers.
1833 ch. 83.

Location and
construction of
rail-road.

Proviso.

Capital stock.

[Increased,
1836 ch. 131.]

Subscription to
stock.

First meeting.

An Act to establish the Western Rail-road Corporation.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Nathan Hale, David Henshaw, George Bond,
Henry Williams, Daniel Denny, Joshua Clapp, and Eliphalet
Williams, their associates, successors and assigns, be, and they
hereby are made a body politic and corporate, under the name
of the Western Rail-road Corporation, with the powers and re-
quirements, contained in "an act concerning corporations,"
passed March eighth, A. D. eighteen hundred and thirty-three.
And the said corporation are hereby authorized to lay out and
construct a rail-road, from the western termination of the Boston
and Worcester rail-road, to the Connecticut river, in the town
of Springfield, and across the said river to the western boundary
of the Slate, in a direction towards the Hudson river, or to any
other rail-road which may be constructed, leading from any part
of the county of Berkshire to the said river, in such direction,
and in such manner and form as they shall deem to be most ex-
pedient. And for this purpose the said corporation are author-
ized to lay out their road, not exceeding five rods wide, through
the whole length, and for the purpose of cuttings, embankments,
and procuring stone and gravel, may take as much more land as
may be necessary for the proper construction and security of said
road : provided, hoioever, that all damages that may be occasioned
to any person or corporation, by the taking of such land or ma-
terials for the purposes aforesaid, shall be paid for by said corpo-
ration in the manner herein after provided.

Sect. 2. Be it further enacted, That the capital stock of
said corporation shall consist of not less than ten thousand, nor
more than twenty thousand shares ; and for the purpose of re-
ceiving subscriptions to the said stock, books shall be opened,
under the direction of the persons named in the first section of
this act, and of the directors, for the time being, of the Boston
and Worcester rail-road corporation, at such time, and in such
places in the city of Boston and elsewhere, as they shall appoint,
to remain open for ten successive days, of which time and places
of subscription, public notice shall be given in one or more news-
papers published in the counties of Suffolk, Worcester, Hamp-
den, and Berkshire, ten days at least previous to the opening of
such subscription ; and in case the amount subscribed shall ex-
ceed twenty thousand shares, the stockholders for the time being,
in the Boston and Worcester rail-road corporation, shall be enti-
tled, in preference to other subscribers, to hold any number oi
shares subscribed for by them, not exceeding the number they
may hold in the stock of the said Boston and Worcester rail-
road corporation, and the remainder shall be distributed among
all the subscribers, according to such regulations as the persons
having charge of the opening of the subscription books shall
prescribe. And any three of the persons named in the first
section of this act are hereby authorized to tall the first meeting
of the said corporation, by giving notice in one or more newspa-

1833. Chap. 116. 345

pers published in each of the counties above named, of the time,
place and purpose of such meeting, at least ten days before the
time mentioned in such notice. And the immediate government
of said corporation shall be vested in a board of not less than
seven 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 places as directors, a majority of whom shall form a quo-
rum for the transaction of business, and they shall elect one of
their number to be the president of the board, who shall also be
the 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 of 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 empow- \ em and direc-

tors.

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 for the transpor-
tation of persons, goods and merchandize, and all such power
and authority for the management of the affairs of the corpora-
tion, as may be necessary and proper to carry into effect the
objects of this grant ; to purchase and hold land, materials, en-
gines, cars, and other necessary things, in the name of the cor-
poration, for the use of said road, and for the transportation of
persons, goods and merchandize ; to make such equal assess- Assessments,
ments from time to time, on all the shares in the 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 or stockholder
shall neglect to pay any assessment on his share or shares for the
space of thirty days after due notice by the treasurer of said cor-
poration, 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 subscriber or stockholder shall be held ac-
countable to the corporation for the balance, if his share or shares
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
the interest and costs of sale : provided^ however, that no assess- Proviso,
ments shall be laid upon any shares in said corporation, of a
greater amount in the whole than one hundred dollars on a share.

Sect. 4. 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

VOL. VII, 44

346

1833.-

-Chap. 116.

Legislature
may reduce
tolls.

Proviso.

Toll-houses,
&c.

Corporation au-
thorized to
make branches
of said rail-
road.

Damages.

Land of any
married woman,
&c., how taken.

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
with 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, however, that if, at the expiration of ten years
from and after the completion of said road, the net inconje 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 annuiTi upon the cost of the road, the Legisla-
ture 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 in 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 corporation ; and no other rail-road than the
one hereby granted, shall, within thirty years from the passing of
this act, be authorized to be made, leading from Worcester or
Millbury, to the county of Hampden, or from Springfield to the
county of Berkshire.

Sect. 5. 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.

Sect. 6. Be it further enacted, That the said corporation
be, and they hereby are authorized to make branches of the said
rail-road, leading from their main road to such convenient places
in either of the towns through which the said main road shall
pass, or the towns adjoining the same, as they may deem suited
to promote the convenience of the inhabitants thereof, and the
interests of the said corporation ; and also to construct a branch
of the said rail-road, within the valley of the Connecticut river,
to the southern boundary of the State, in a direction towards the
city of Hartford, for the purpose of uniting with such rail-road as
may be constructed, to meet the same within the state of Con-
necticut.

Sect. 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 lands or
other property for said rail-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 from
the laying out of highways.

Sect. 8. Be it further enacted. That when the lands, or
other property of any married woman, infant, or person under

1833. Chap. 116. 347

guardianship, shall be necessary for the construction of said rail-
road, the husband of such married woman, and the guardian of
such infant or other person, may release all damages for any
lands or estates taken and appropriated as aforesaid, as they might
do if the same were hoiden by them in their own right respect-
ively.

Sect. 9. Be it further enacted, That, if any person shall Penalty for ma-
wilfully and maliciously, or wantonly, and contrary to law, ob- ''cious injury to
struct 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 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
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 such con-
viction may be had.

Sect. 10. Be it further enacted, That the annual meeting Annual meet*
of the members of said corporation shall be hoiden on the second '"o-
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 Right of voting,
as he holds shares ; provided, that no vote shall be given by any
proprietor, by reason of any shares held by him, exceeding one
tenth part of the whole number of shares. 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. How rail-road
in the course thereof, shall cross any private way, the said cor- shall be con-

• •'I J ^ struciGQ across

poration shall so construct said rail-road as not to obstruct the private or pub-
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 foe such injury : and if the
said rail-road shall, in the course thereof, cross any canal, turn-
pike, or othei- 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 ihe said corporation
shall have the power to raise or lower such turnpike, highway or

348

1833.-

-Chap. 116.

Alterations,
how made.

Conditions of
this act.

Bridges.

Government
may purchase
rail-road; &c.

private way, so that the said rail-road, if necessary, may conve-
niently pass under or over the same ; and if said corporation shall
raise or lower any such turnpike, highway or private way, 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
n)ay be, said proprietors or selectmen may require in writing of
said corporation, such alteration or an)endment as they may think
necessary. And if the required amendment or alteration be rea-
sonable and proper, in the written opinion of the county commis-
sioners for the county 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 alter-
ation 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 re-
cover reasonable damages for all charges, disbursements, labor
and services, occasioned by making such alterations or amend-
ments, 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 counties through which
the same shall pass, on or before the first day of Decen)ber, in
the year of our Lord one thousand eight hundred and thirty-eight,
or if the said corporation shall fail to complete the part of said
rail-road leading from Worcester to the Connecticut river on or
before the first day of December, in the year of our Lord one
thousand eight hundred and thirty-nine, in either of the above
mentioned cases this act shall be null and void.

Sect. 13. Be it further enacted, That said rail-road cor-
poration 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 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 government of the
Commonwealth may, at any time during the continuance of the
charter hereby granted, after the expiration of twenty years from
the opening of the said Western Rail-road for use, purchase of
the said corporation the said rail-road, and all the franchise, prop-
erty, 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 making such purchase, the said cor-
poration 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 corpora-
tion 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

1833. Chap. 116—117. 349

it shall be the duty of said corporation, from year to year, to make Annual reports
a report to the Legislature, under oath, of their acts and doings, 1°^^''^ Legisia-
receipts and expenditures, under the provisions of this act. And
their books shall at all times be open to the inspection of any com-
mittee of the Legislature, appointed for that purpose. And if said
corporation shall unreasonably neglect or refuse to make such re-
port, 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 indictment in any
court of competent jurisdiction.

Sect. 15. Be it further enacted^ That the said corporation Bridge from
be, and they hereby are authorized and empowered to erect, for we'Jt^Spihig"
the sole and exclusive accommodation of the travel on their said field.
rail-road, a bridge across the waters of Connecticut river, from
Springfield to West Springfield, in such place as they may think
proper : provided^ said bridge shall be so constructed as not to
obstruct nor unnecessarily to impede the navigation of said river;
and the said corporation shall be authorized to receive no other
or greater rates of toll for passing 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 pass-
ing of said bridge by carriages of any description other than those
which are adapted to travelling on the said rail-road, nor by
horses or other animals not attached to such rail-road carriages,
nor by persons on foot, except such persons, carriages, horses,
or other animals, as may be employed in the immediate service
of the said corporation. [March Ib.^ 1833.] Add. acts, 1836
ch. 131: 1837 ch. 172.

An Act lo continue in force an Act to incorporate the Mercliants Insurance Company f^hnn 117
in Boston, and the several acts in addition iheieto. 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 the act to incorporate the Merchants Insurance Acts to remain
Company in Boston, passed on the fifth day of December, one "i ''"•l <"'"ce

I 1 ■ I 1 1 1 J • 11 • II- • twenty years.

thousand eight hundred and sixteen, and also an act in addition jgiech 66
to an act to incorporate the Merchants Insurance Company in isnch. 96.
Boston, passed on the tenth day of February, one thousand eight
hundred and eighteen, and also an act in further addition to an act I8i9ch. 12.
to incorporate the Merchants Insurance Company in Boston,
passed on the twelfth day of June, one thousand eight hundred
and nineteen, and also an act in further addition to an act to in- 1825 ch. 149.
corporate the Merchants Insurance Company in Boston, passed
on the fourth day of March, one thousand eight hundred and
twenty-six, shall be and remain in full force for the space of
twenty years from the fifth day of December, one thousand eight
hundred and thirty-six : provided^ the same shall not be sooner Proviso.
repealed, any thing in either of the acts to the contrary notwith-
standing.

Sect. 2. Be it further enacted, That the said Merchants Capital stock
Insurance Company he, and hereby are authorized to augment ""^'"'^^^^ •

350

1833.

-Chap. 117—118.

their capital stock to any amount not exceeding five hundred thou-
sand dollars, the additional stock to be divided into shares of one
hundred dollars each, and to be subscribed under the direction of
the president and directors for the time being, when, and on such
terms and conditions, as they and the subscribers for the stock

[Proviso repeal- may asi^rce t provided, Ihal no person, who is a director, shall, while in the exercise
ed, 1836 ch. 31.] of that office, subscribe any part of said new slock.

Additional Sect. 3. Be it further enacted, That the additional stock

stock, how paid which may be subscribed as aforesaid, shall be paid in and invest-
' ' ed in the same manner as the other part of the capital is required

to be invested, witliin sixty days after the same shall be sub-
scribed, and shall be subject to all the provisions of the laws
as the other part of the capital, and entided to all the privileges
to which it is entitled. [March 15, 1833.] Add. act, 1836
ch. 31.

Chnn 118 ■'^" ^^^ '° '^corporate the Worcester and Norwich Rail-road 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 Slater, Stephen Salisbury and Jonathan
Davis, their associates, successors and assigns, be, and they here-
by are made a body politic and corporate, under the name of the
" Worcester and Norwich Rail-road Company," with the powers
and requirements cnntained in " an act concerning corporations,"
passed March eighth, one thousand eight hundred and thirty-three.
And the said company are hereby authorized and empowered to
locate, construct and finally complete a rail-road, commencing in
or near the town of Worcester, and thence in the direction of the
city of Norwich, in the state of Connecticut, to any point in the
southern boundary of this Commonwealth, within the towns of
Webster or Dudley, in the county of Worcester, in such manner
and form as they shall deem to be most expedient ; and for this
purpose the said company are authorized to lay out their road,
not exceeding five rods wide, through the whole length ; and for
the purpose of cuttings, embankments, and procuring 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 corpo-
ration, by the taking of such land or materials for the purposes
aforesaid, shall be paid by said company in the manner herein
after provided.

Sect. 2. Be it further enacted. That the capital stock of
said company shall consist of four thousand shares ; and the im-
mediate government and direction of the affairs of said company
shall be vested in a board of not less than five directors, who
shall be chosen by the members of the company in the manner
prescribed in their by-laws, 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, and who shall also be
president of the company ; and shall have authority to choose a

Persons incor-
porated.

Powers.
1833 ch. 83.

Direction of
rail-road.

Damasres.

Capital stock,
shares, officers,
&c.

1833. Chap. 118. 351

clerk, who shall be sworn to the faithful discharge of his duty,
and a treasurer, who shall give bonds to the company, with sure-
ties to the satisfaction of the directors, in a sum not less than
twenty thousand dollars, for the faithful discharge of his trust.

Sect. 3. Be it further enacted, That the president and di- Powers of pres-
rectors, for the time being, are hereby authorized and empower- J^^"^ *"^ ^"^^'
ed, by themselves or their agents, to exercise all the powers
herein granted to the company, for the purpose of locating, con-
structing and completing said rail-road, and for the transportation
of persons, goods and merchandize ; and all such other powers
and authority, for the management of the affairs of the company,
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 company, for the use of said road, and for the transporta-
tion ot persons, goods and merchandize ; to make such equal Assessments,
assessments, from time to time, on all the shares in said compa- ^'^'
ny, 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 company. And the ti'easurer shall give notice
of all such assessments ; and in case any subscriber or stock-
holder shall neglect to pay bis assessment for the space of thirty
days after due notice by the treasurer of said company, the direc-
tors 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 or stockholder shall be held accountable to the
company for the balance, if his share or shares shall sell for less
than the assessments due, with interest and the costs of sale ;
and, after paying the same, shall be entitled to the overplus, if
any, remaining : provided, however, that no assessments shall be Proviso,
laid upon any shares in said company, of a greater amount in the
whole than one hundred dollars on a share.

Sect. 4. Be it further enacted, That a toll be, and hereby Tolls.
is granted and established for the sole benefit of said company,
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 company. And 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 load may be used by
any persons who shall comply with such rules and regulations :
provided, hoioever, that if, at the expiration of ten years from Legislature
and after the time of the completion of said road, the net may reduce the

r 11 J I r It rates of loll.

income or receipts from tolls and other prohts, takmg the ten
years aforesaid for 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

352 1833. Chap. 118.

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 in the ten next preceding years ;
and at the expiration of every ten years thereafter, the same pro-
Proviso, ceedings may be had : provided, further^ that the legislature shall
not, at any time, so reduce the tolls and other profits as to pro-
duce less than ten per cent, per annum upon the cost of said road
without the consent of said company.
Toll-houses, Sect. 5. Be it furthe?' enacted, That the directors of said
gates, &.C. company 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.
Damages. Sect. 6. Be it further enacted, That said company shall
be holden to pay all damages that may arise to any person or cor-
poration by taking their land or other property 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 of highways.
Land of any Sect. 7. Be it further enacted, That when the lands or
married woman, other property or estate of any married woman, infant, or other
person under gnardiansliip, shall be necessary for the construction
of said road, the husband of such married woman, and the guar-
dian of such infant or other person, 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 re-
spectively.
Penally for in- Sect. 8. Be it further enacted. That if any person shall
roaV""^^' wilfully, maliciously or wantonly, and contrary to law, obstruct
the passage of any carriage on said rail-road, or in any way injure
or destroy the same, 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 company, for every such offence,
treble the amount of 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 proper to
try the same, by the treasurer of the company, or other officer
whom they may direct, to the use of said company ; and such of-
fender or offenders shall be further 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 compe-
tent to try the same, shall pay a fine, not exceeding one hundred
dollars, nor less than thirty dollars, to the use of the Common-
wealth, or may be imprisoned for a term not exceeding one year,
at the discretion of the court before whom the conviction may be
had.
Right of voting. Sect. 9. Bc it further enacted, That, at all meetings of
said corporation, each proprietor shall be entitled to as many votes

1833. Chap. 118. 353

as he holds shares : provided, that no vote shall be given by any
proprietor, by virtue of any share held by him, exceeding one
tenth part of the whole number of shares.

Sect. 10. Beit further enacted, That, if the said rail-road. How rail-road

-L I r 1 II • ^ *u -J shall be con-

in the course thereof, shall cross any private way, the said com- sirucied across
pany shall so construct their road as not to obstruct the safe and any private or
convenient use of such private way ; and if said rail-road shall not ^" "^ *^^'
be so constructed, the party aggrieved shall be entided to his ac-
tion in the case in any court proper to try the same, and shall re-
cover his reasonable damages for such injury ; and if the said
rail-road shall, in the course thereof, cross any canal, turnpike,
or 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 highway. And the said company 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 company shall raise or lower
any such turnpike, highway or private way, 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 such highway
or private way be situated, said proprietors or selectmen may re- Alterations,
quire in writing of said company such alteration or amendment how made,
therein as they may think necessary. And, if the required amend-
ment or alteration be reasonable and proper, in the written opin-
ion of the county commissioners for the county in which such al-
teration or amendment is proposed to be made, and the said com-
pany shall unreasonably and unnecessarily 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, an action of the case therefor against said com-
pany, and shall therein recover reasonable damages for all charges,
disbursements, labor and services, occasioned by making such al-
teration or amendment, together with costs of suit.

Sect. 11. Be it further enacted. That, if the said com- Conditions of
pany shall not have been organized, and the location of their '^is act.
rail-road filed with the county commissioners of the county [Time extended
wherein the same is located, previous to the first day of July, in ^^^ '^^- ^^^-^
the year of our Lord one thousand eight hundred and thirty-six,
or if the said company shall fail to complete said rail-road pre-
vious to the first day of July, in the year of our Lord eighteen
hundred and thirty-eight, in either of the above mentioned cases
this act shall be null and void.

Sect. 12. Be it further enacted, That said company shall Bridges,
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, highway or
private way, or for conducting such turnpike, highway or private
way over said rail-road.

Sect. 13. Be it further enacted. That the Legislature may Legislature
authorize any company to enter with another rail-road at any ""^^ authorize

VOL. VII. 45

354

1833..

-Chap. 118—119.

any company to
enter with an-
other rail -road
upon this.

Reports to the
Legislature.

May unite rail-
road with Bos-
ton and Wor-
cester rail-road,

1831 ch. 72.

Government
may purchase
rail-road.

Chap U9.

Persons incor-
porated.

Capital stock.

point in said Worcester and Norwich rail-road, paying for the
right of using the same, or any part thereof, such a rate of toll
as the Legislature nnay from time to time prescribe, and comply-
ing with such rules and regulations as niay be established by said
Worcester and Norwich rail-road company, by virtue of the
fourth section of this act. And it shall be the duty of said com-
pany, from year to year, to make 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 inspection of any committee of the Legislature, ap-
pointed for that purpose ; and if said company 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 Comcnon-
weahh a sum not exceeding ten thousand dollars, to be recovered
by action or indictment, in any court of competent jurisdiction.

Sect. 14. Be it further enacted, That the said Worcester
and Norwich rail-road company be, and they hereby are author-
ized to enter and unite their rail-road with the Boston and Wor-
cester rail-road, at any point therein within the towns of Worces-
ter or Millbury, upon the terms, and agreeably to the provisions
contained in "an act to establish the Boston and Worcester
rail-road corporation," passed on the twenty-third day of June,
in the year of our Lord eighteen hundred and thirty-one.

Sect. 15. Be it further enacted, That the government of
the Commonwealth, at any time during the continuance of the
charter of the Worcester and Norwich rail-road company, after
the expiration of twenty years from the time of the completion
of said road, may purchase the same of said company, and all
the franchise, rights and privileges of said company, by paying
them therefor the amount expended in making said road ; and in
case, at the time of such purchase, the said company shall not
have received a net income equal to ten per cent, per annum on
the amount of such expenditure, from the time of the payment
thereof by the stockholders, by paying said company such ad-
ditional sum, as, together with the tolls and profits of every kind
which they shall have received from said rail-road, will be equal
to a net profit of ten per cent, per annum on the cost of said
road, from the time of payment thereof, by the stockholders, to
the time of said purchase. [March 15, 1833.] Add. acts,
1836 ch. 190. 204 : 1837 ch. 84.

An Act incorporaiing the City Mutual Fire Insurance Company.

Sect. I. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same, That David Greenough, John P. Thorndike, Wil-
liam Sawyer, and their associates and successors, shall be a
corporation in the city of Boston, by the name of the City Mu-
tual Fire Insurance Company, and possess all the powers and
privileges incident to such corporations, for. thirty years.

Sect. 2. Be it further enacted, That the capital stock of
said company, exclusively of the funds which shall accrue for

1833. Chap. 119. 366

premiums and deposits, received in the transactions of its ordi-
nary business, shall consist of the sum of one hundred thousand
dollars, and be divided into shares of one hundred dollars each ;
and that one quarter part thereof shall be paid in money, within
six months after the first meeting of the corporation, and the resi-
due in three equal instalments, at such times as the directors shall
appoint, within sixty days after said meeting.

Sect. 3. Be it further enacted. That the said corporation. Officers,
at their annual meeting, shall choose any number of directors not
less than seven, five of whom, at least, shall be inhabitants of the
city of Boston, who shall have power to appoint a secretary,
and such other officers of the company as they shall think neces-
sary ; and in the event of the death or resignation of any direc-
tor, or of the secretary, or other officer, or his inability to dis-
charge the duties of his office, by reason of sickness, absence,
or otherwise, the board of directors may elect a successor ; and
the said board shall, immediately after its annual organization,
proceed to elect the president of the company, who shall also
be president of said board.

Sect. 4. Be it further enacted, That the said company may By-laws,
establish such by-laws as they may deem necessary, not incon-
sistent with the constitution and laws of this Commonwealth, for
the managetnent of its concerns, and regulating the mode of
transferring shares of stock : provided, however, that no transfer
shall be valid, unless seasonably recorded by the secretary of the
corporation, in a book to be kept for that purpose.

Sect. 5. Be it further enacted, That the said corporation Real estate,
are hereby made capable in law to hold, in fee simple, real es-
tate, not exceeding in value thirty thousand dollars at any one
time, with full powers to sell and alien the same at pleasure".

Sect. 6. Be it further enacted, That the said company When author-
may insure, for the term of one to seven years, any dwelling- '^^"^ ^° msure.
hotise or other building in the city of Boston, to any amount not
exceeding three quarters of the value of the property insured,
whenever and as soon as the sums subscribed to be insured shall
amount to two hundred thousand dollars.

Sect. 7. Be it further enacted, That all sums of money Funds,
which shall be received for premiums and deposits for insurance,
made by said company, shall be holden and invested as a dis-
tinct fund, separate from the capital stock of said company, to
be called the available fund, and that all the expenses of con-
ducting the business of said company, and all losses under poli-
cies underwritten by said company, shall be paid out of the in-
come and principal of said fund, so long as they shall suffice
for that purpose ; and in the event of any deficiency thereof,
the directors shall have power to assess upon the persons insur-
ed by said company, such sums as they shall judge necessary
for the exigencies of the company : provided, however, that such Proviso,
assesstnents shall be in proportion to the several premiums and
deposits paid in by such persons, and shall never exceed in the
aggregate, twice the amount of their respective premiums and
deposits so paid in. And in case the available fund and such

356

1833.-

■Chap. 119.

Right of voting.

Real estate,&c.
liable to at-
tachment.

Policy shall
create a lien on
buildings, &.C.
insured.

Proviso.

Return of pre-
Tnium and de-
posit money.

[Repealed,1834
ch. 42.]

Liability to be
taxed.

First meeting.

assessments shall not suffice to discharge the expenses and los-
ses aforesaid, then, and not otherwise, the capital stock and the
income thereof shall he appropriated for that purpose.

Sect. 8. Be it further enacted^ That each stockholder
shall have a right to vote at the meetings of said company, and
shall be entitled to one vote for each share held by him : pro-
vided,\\idX the whole number of votes of any one member shall not
exceed ten, and absent members may vote by proxy in writing.

Sect. 9. Be it further enacted^ That the real estate and
capital stock of said company shall be liable to attachment upon
mesne process and execution, in the same manner as are the es-
tates and stocks of other insurance companies, established within
this Commonwealth.

Sect. 10. Be it further enacted, That, as each of the as-
sured is liable to pay such assessments as the directors shall or-
der, to secure the payment of the same, it is hereby provided,
that a policy of insurance shall, of itself, without any other act
whatever, create a lien on any dwelling-house or building insur-
ed, and on the land under it : provided^ said policy shall ex-
press the intention of the company relying on such lien. This
provision shall not prevent the company from taking any other
kind of collateral security, and, in case it should become neces-
sary to resort to such lien, as is hereby provided, it shall be the
duty of the president and directors, before they attempt to com-
pel payment by selling the insured premises, first, to demand
payment of the assured, and in case of his decease, of his legal
representative, and likewise of the tenants of the insured estate ;
and in case payment is refused, said company may then sustain
an action on the case against the assured, or his legal represen-
tative, for any sums due by assessment, and their execution
which may issue thereon, may be levied on the insured premises,
and the officer making the levy may sell the whole, or a part
thereof, at public auction, giving the same notice, and proceed-
ing in the same manner as is required in the sale of equities of
redemption on execution. And the owner of the estate shall
have a right to redeem the estate thus sold, within one year :
provided^ he shall first pay the costs of sale, the execution, and
six per cent, interest thereon.

Sect. 11. Be it further enacted, That at the expiration of the term of each policy,
the company shall pay the assured, each, his amount of premium and deposit money,
and further, shall pay to the assured, each, according to his proportion of premium
and deposit money, all the net profits accruing to said company from the investment
of the available fund, and from the investment of the capital stock, after deducting,
for the use of said stockholders, six per cent, interest, payable^quarter yearly, on the
amount of capital actually paid in by them, and invested in pur suance of the provis-
ions of this act.

Sect. 12. Be it further enacted, That this corporation shall
be liable to be taxed by any general law of the Commonwealth.
Any two stockholders named in this act may call the first meet-
ing, by publishing notice thereof in any two of the newspapers
published in the city of Boston. [March 15, 1833.] Add. act,
1834 ch. 42.

1833. Chap. 120—121. 357

An Act in addition to "An Act to establish the Boston and Roxbury Mill Corpora- /^/.^^^ 1 Or)

BE it enacted by the Senate and House of Representatives, Hlf'^^-^-
in General Court assembled, and by the authority of the same, i8i9ch!65!
That, unless the Boston and Roxbury Mill Corporation shall, on 1822 ch. 34.
or before the first day of February, one thousand eight hundred fo^"['/so'|[Ji^°^"
and thirty-four, determine by legal vote, duly certified and filed Boston,
in the office of the secretary of state, to build, and actually com-
mence building a dam from Boston to South Boston, not north-
erly or easterly of Boston South Biidge, with gates, sluice
ways, and other things necessary to admit and detain the tide
waters between said dam and Boston neck, at the height of com-
mon tides, with a good and sufficient lock, and in all respects as
in the act establishing said corporation is provided ; and also,
unless said corporation shall fully complete the same within two
years from the said first day of February, one thousand eight
hundred and thirty-four, in either case the right conferred on
said corporation to build said dam shall cease and determine, and
thereafter become forfeited and void : provided, however, that Proviso,
any of the owners (other than the city of Boston) of land and
flats above or southerly of said bridge may, at pleasure, fill up
and improve any of their lands or flats without hindrance or mo-
lestation, until said corporation shall actually commence building
said dam : and provided, also, that nothing herein contained shall
be deemed or taken to extend or confirm any rights or supposed
rights of said corporation, nor in any way to impair the rights of
those who have sustained or may sustain any damages in conse-
quence of the exercise of any of the powers, granted to said
corporation, [March 16, 1833.]

An Act to incorporate the Boston and Norwegian Coal Company. C/HttJ) 121 .

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 Edmund Munroe, Amos Binney, and their asso- Persons incor-
ciates, be, and they hereby are made a corporation, by the name po'^aied.
of the Boston and Norwegian Coal Company, for the purpose of
mining and vending coal ; and shall have all the powers and priv- Powers and du-
ileges, and be subjected to all the duties and requirements, con- ^'^^'
tained 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 duties of manufacturing 1829 ch. 53.
corporations."

Sect. 2. Be it further enacted. That the said corporation Real and per-
may lawfully hold and manage such real estate, not exceeding ^°""' es\.a.ie.
one hundred thousand dollars in value, and such personal estate,
not exceeding one hundred and fifty thousand dollars in value, as
they may find expedient for carrying into effect the purposes of
this act.

Sect. 3. Be it further enacted, That the certificates re- Certificates of
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

358

1833.-

Chap. 121—126.

Persons incor-
porated.

registry of deeds for the county of Suffolk, and in the county
where the major j)art of the real estate belonging to the corpora-
First meeting, lion 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 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 time of meeting. [March 16,
1833.]

ChdO 1 23 ■'^" ■^'^^ '° incorporate the United States Naval Benevolent 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 Joseph Smith, Thomas L. C. Watkins, Thomas
W. Freelon, T. W. Wyman, Peter Turner, Robert Knox,
Thomas Mull, J. Evans, Samuel C. Hixon, H. B. Sawyer,
Thomas O. Selfridge, B. V. Tinslar, G. J. Van Brunt, J.
Crovvninshield, F. Ellery, John A. Bates, Henry Bruce, Wil-
liam S. Rogers and B. V. Prentiss, and such others as now are or
may become their associates, and their successors, be, and they
are hereby incorporated, by the name of the United States Naval
Benevolent Association, for the purpose of affording relief to the
widows, orphans, parents or maiden sisters of the members of
said association, and such other persons as said association may,
from time to time, deem entitled to its assistance, with the powers
and requirements contained in " an act concerning corporations,"
passed March eighth, one thousand eight hundred and thirty-
three.

Sect. 2. B£^ it further enacted, That the said corporation
may receive and take, by purchase, grant, devise, bequest or
donation, any funds or estate, and may hold the same for the
purposes aforesaid : provided, that the amount of annual income
of the whole of said funds and estate shall never exceed the sum
of twelve thousand dollars.

Sect. 3. Be it further enacted, That the treasurer of said
corporation shall be held to give such bonds as the corporation
may direct, and he shall always be a resident of this Common-
wealth, but any other officers may be resident in other of these
United States. [March 16, 1833.]

An Act in addition to the several acts " concerning a House of Industry 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 city council of the city of Boston are hereby
empowered, whenever they deem it expedient, to appoint, by
concurrent ballot in each board, a sufficient number of persons,
not exceeding twelve, a majority of whom shall constitute a quo-
rum for the transaction of business, to be directors of the house
of industry in the said city, who shall hold their office for the
term of one year, and until others are appointed in their place ;
and said city council are further empowered, in like manner, to
fill all vacancies which may occur in said board of directors,

Powers.
1833 ch. 83.

Real and per-
sonal estate.

Treasurer to
give bonds.

Chap]26.

1822 ch. 56.
1826 ch. 111.

City council
empowered lo
appoint direc-
tors of the house
of industry.

1833. Chap. 126—129. 359

during the year for which it is appointed. And said directors
may appoint a superintendant, and any other officers necessary
for the government of said house, and shall have all the powers,
and be subject to all the duties, prescribed to said board, by vir-
tue of the several acts to which this is in addition.

Sect. 2. Be it further enacted, That the provisions of any Repeal,
previous act, which are inconsistent with this, be, and the same
hereby are repealed. [March 16, 1833.]

An Act in addition to the several Acts respecting the Streets of Boston. f^hflT) 1 2R

BE it enacted by the Senate and House of Representatives, 1799 ch. 31.
in General Court assembled, and by the authority of the same, (^- ^ P- 338.)
That the city council of the city of Boston, may, from time to (v. 3 p. 506.)
to time, by any ordinance or ordinances, empower the surveyors !^?^^[jq^*
of highways of said city so to regulate the widili and height of jssi ch. 17.
the side-walks of any public squares, places, streets, lanes or al- city council
leys, in said city, as shall, in the judgment of said surveyors, be ™rve w''°of^'^
most conducive to the convenience and interest of said city, any highways to
law of the Commonvvealih to the contrary notwithstandins: ; and ""ff^'at*-
may also empower said surveyors to accept such sidewalks, after
the same shall be put in good and perfect repair by the abuttors
on said squares, places, streets, lanes and alleys, and after the
same shall have been relinquished in writing to the said city by
such abuttors ; and may also order, that, after such relinquish-
ment, such sidewalks may be maintained at the expense of said
city. [March 16, 1833.]

An Act regulating the storage, safe keeping and selling of Gunpowder, in the town of f^hfi/n 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 no person, except on military duty in the public No person to
service of the United States, or of this Commonwealth, shall keep, derefc"e°edir'
have or possess in any building, or in any place within two htm- one pound, &c.
dred yards of any dwelling-house, in the town of Lowell, gun-
powder in any quantity exceeding one pound, in any way or man-
ner, other than by this act, and by the rules and regulations herein
after mentioned, may be allowed.

Sect. 2. Be it further enacted. That it shall not be lawful License, &c.
for any person or persons to sell any gunpowder, in any quantity,
within the town of Lowell, without first having obtained from the
engineers of said town, a license signed by the chief engineer, or
by the secretary of the board of engineers, on which shall be
written or printed, a copy of the rules and regulations by them
established relative to keeping and selling gunpowder within said
town, and every such license shall be in force for one year from
the date thereof, unless annulled by the board of engineers, but
such license may, prior to the expiration of said term, be re-
newed by said secretary from year to year, by endorsement
thereon : provided, always, that the board of engineers may re-
scind any such license, if in their opinion the person or persons
have disobeyed the law, or infringed any rules and regulations es-

360

1833.-

Chap. 129.

Rules and reg-
ulalions.

Forfeiture for
keeping gun-
powder without
license.

Engineers may
enter stores, &c.
in search of
gunpowder.

Rules and reg-
ulations to be
published.

tablished by said board of engineers. And every person who
shall receive a license to sell gunpowder as aforesaid, shall pay
for the same the sum of five dollars ; and, for the renewal thereof,
the sum of one dollar, which sums shall be paid to the board of
engineers, for their use, for the purpose of defraying the expenses
of carrying this act into execution.

Sect. 3. Be it further enacted^ That the board of engi-
neers of the town of Lowell may, from time to time, establish
rules and regulations, directing the places, quantity and manner
in which gunpowder may be kept by licensed dealers, and other
persons in said town.

Sect. 4. Be it further enacted^ That any person or per-
sons who shall keep, have or possess any gunpowder within the
town of Lowell, contrary to the provisions of this act, and to the
rules and regulations made as aforesaid, or who shall sell any gun-
powder therein, without having a license therefor, or contrary to
said license, or the rules and regulations made as aforesaid, shall
forfeit and pay a fine of not less than fifty dollars, and not ex-
ceeding two hundred and fifty dollars, for each and every offence ;
and if any gunpowder, kept contrary to the provisions of this act,
shall explode in any building, or in any place in said town, tlie
occupant, tenant or owner of which has not then a license to keep
and sell gunpowder therein, or which gunpowder shall have been
kept in any manner contrary to such license, or the rules and reg-
ulations established as aforesaid, such occupant, tenant or owner
shall forfeit and pay a fine of not less than two hundred and fifty
dollars, and not exceeding five hundred dollars, one moiety of
the sums to the use of the poor of the town of Lowell, and the
other moiety to the use of any person or persons who shall pros-
ecute for the same, which forfeiture may be recovered by action
of the case, in any court proper to try the same.

Sect. 5. Be it further enacted^ That the said engineers, or
any of them, may enter the store or place of any person or per-
sons licensed to sell gunpowder, to examine and ascertain, if the
laws, rules and regulations relating thereto are strictly observed ;
and, on an alarm of fire, may cause the gunpowder there depos-
ited to be removed or destroyed, as the case may require ; and
it shall be lawful for any one or more of the engineers of said
town, to enter any dwelling-house or other place in the town of
Lowell, to search for gunpowder, first having obtained from
some justice of the peace for the county of Middlesex a search-
warrant therefor, which warrant the justices of the peace for
said county are hereby respectively authorized to issue, upon
the complaint of such engineer or engineers, supported by his or
their oath.

Sect. 6. Be it further enacted^ That it shall be the duty of
the engineers of the town of Lowell, to cause all such rules
and regulations as they may make and establish, by virtue of the
authority given by this act, to be published in two or more news-
papers printed in the town of Lowell, and to cause such publica-

1833. Chap. 129—132. 361

tlon to be continued three weeks successively, for the Information
and government of all persons concerned.

Sect. 7. Be it further enacted, That the provisions of this Provisions of
act shall not extend to any establishment which now is, or may [oexT''d*°^'^'^
hereafter be erected for the manufacturing of gunpowder within
said town of Lowell, nor in any case to prevent the transporta-
tion of gunpowder through said town, or from one part to another
part thereof. [March 16, 183.3.]

An Act for the appointment of Constables in the town of Salem. Chcttt 130.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same. That Selectmen to
the selectmen of the town of Salem, for the time being, be, and appoint consta-
they hereby are empowered to appoint, from time to time, for a
period not exceeding one year, such number of constables for
said town as, in their judgment, may be needful ; said constables,
in regard to their qualifications, duties and otherwise, to be sub-
ject to all the general provisions of law appertaining to their
office : provided, this act shall be adopted by said town at any
legal meeting of the inhabitants. [March 16, 1833.]

An Act to incorporate the Ixion Black Lead Factory. ChdD 131.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Frederick Tudor, Amos Atkinson, William Persons incor-
Rollins, William Savage, and James W. Fenno, and their asso- P^^'a^^'*'
ciates, successors and assigns, be, and they hereby are made a
corporation, by the name of the "Ixion Black Lead Factory,"
for the purpose of procuring black lead from a mine in Stur-
bridge, in the county of Worcester, and of manufacturing the
same into black lead melting pots, and other articles whereof
black lead is an ingredient ; and for this purpose shall have all Powers and
the powers and privileges, and be subject to all the duties and ""®^'
requisitions, specified and set forth in an act passed on the twen-
ty-third day of February, in the year of our Lord one thousand
eight hundred and thirty, entitled " an act defining the general 1829 eh. 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 two hundred thou- ^** "^^al estate,
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
seventy-five thousand dollars, exclusive of the buildings and im-
provements that may be made thereon by the said corporation.
[March 19, 1833.]

An Act to authorize the South Congregational Society in Lowell to tax the pews in {Jh/fn 1 ^2
their meeting-house. v^/c-ttjf/ xu^i*

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That the South Congregational Society in Lowell may Assessmenu
assess upon the pews in the meeting-house now occupied by "ponpews.
them, according to the valuation of said pews, which has been

VOL. VII. 46

362

1833.-

•Chap. 132—135.

1817 ch. 189.

established by the proprietors of said house, such sums of money
as shall hereafter be voted to be raised by said society for the
support of public worship, and expenses incidental thereto ; and
all assessments upon the pews as aforesaid may be collected by
the treasurer of said society, in the manner provided by "an act
authorizing the proprietors of churches, meeting-houses, and oth-
er houses of public worship, to regulate and manage their prop-
erty and interests therein," passed the twenty-fourth day of
February, in the year of our Lord one thousand eight hundred
and eighteen.
Right of voting. Sect. 2. Be it further enacted, That any owner of a pew
or pews in said meeting-house shall be entided, at all meetings of
said society, for the purpose of raising money by assessment upon
pews as aforesaid, to one vote for each pew he shall hold in the
meeting-house.

Sect. 3. Be it further enacted, That whenever any pew-
holder shall neglect or refuse to pay to the treasurer of said
society, any assessments legally made upon his pew or pews,
within sixty days afier the same shall be made payable, the
treasurer may sell at public auction the pew or pews of such de-
linquent pewholder, after publishing notice of the time, place and
cause of sale, in a newspaper printed in said Lowell, two suc-
cessive weeks previous to such sale, and upon such sale may
execute and deliver a deed or deeds thereof to the purchaser, or
the said treasurer may, in his own name, sue and prosecute to
final judgment and execution any such delinquent pewholder, and
in case of any such sale of a pew or pews 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 pewholder on demand. [March 19, 1833.]

Treasurer au-
thorized to sell
pews to pay
assessments.

ChapASb,

Persons incor-
porated.

Powers.
1833 ch. 83.

Real and per-
sonal estate.

Membership,
and right of vot-
ing.

An Act to incorporate the Proprietors of the Boston Farm School.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, Tiiat Samuel T. Armstrong, James Bowdoin, Moses
Grant, Charles Jackson, Jonathan Phillips, John Tappan, George
Ticknor, Joseph Tuckerman and John D. Williams, with their
associates, successors and assigns, be, and they hereby are made
a corporation, by the name of the Proprietors of the Boston Farm
School, with the powers, and subject to the requirements, con-
tained in "an act concerning corporations," passed March 8, A.
D. 1833, for the education and reformation of boys, who, from
the loss of their parents, or other causes, are exposed to extraor-
dinary temptations, and are in danger of becoming vicious and
dangerous or useless members of society.

Sect. 2. Be it further enacted, That the said corporation
may take and hold real and personal estate, not exceeding in the
whole the value of one hundred thousand dollars.

Sect. 3. Be it further enacted. That every person who
shall pay to the funds of the corporation the sum of fifty dollars,
in annual contributions, within five years, may be admitted to be

1833. Chap. 135. 363

a member of the corporation ; and every member shall b6 enti-
tled to one vote for every fifty dollars so paid, or agreed to be
paid : provided^ that no member shall be entitled to more than
ten votes.

Sect. 4. Be it further enacted, That said corporation shall Purchase of a
be authorized to purchase a farm, at any place within ten miles ™'
of the city of Boston, on which their school shall be established.

Sect. 5. Be it further enacted^ That any boy, above the Boys, howad-
age of seven years, who shall be deemed by the directors or oth- muted and
er officers, appointed under the authority of this act, to be a fit
subject for the said school, may be admitted thereto, by them,
on the application of his father, or, in case of his death or ab-
sence, of the mother or guardian of the boy ; and the said officers
are authorized to accept from such father, mother or guardian, a
surrender in writing of any such boy to the care and direction of
the said corporation ; and they may also take any other indigent
boys, residing in the city of Boston, who shall appear to them to
be suitable objects of this charity, and who have no parents or
guardians within this Commonwealth. All boys so taken and
admitted into the school, shall be maintained, employed and edu-
cated therein, and shall be instructed in their moral and religious
duties, and in the knowledge usually commufiicated in the com-
mon town schools. They shall also be employed in a regular
course of labor, suited to their age and their strength, in which
they shall be instructed in agriculture, gardening, or such useful
occupations as will contribute to tHeir present maintenance, and
tend to form in them habits of industry and order, and to prepare
them to earn their own livelihood.

Sect. 6. Be it further enacted^ That the pupils of the said Boys of suitable
school, when of a suitable age, and sufficiently qualified, may be ourasappren"
bound out as apprentices, until they shall respectively arrive at tices.
the age of twenty-one years, to farmers, or to other persons
within this Commonwealth, to learn such arts, trades and em-
ployments, as, in the judgment of the said officers, may be best
adapted to the capacity and disposition of each pupil, and may
tend most to his future benefit and advantage ; and the said offi-
cers shall have authority to bind out all the said pupils, in like
manner, and with the same effect, as is now by law authorized to
be done by overseers of the poor, with regard to the children of
poor persons settled in their respective towns : provided^ howev- Proviso,
er, that any boy received into the school, or bound out as afore-
said, who shall not have been surrendered, in the manner above
provided, to the care and direction of the corporation, may be
withdrawn by his parent, upon payment to the treasurer of the cor-
poration, of the expense incurred in the maintenance and care of
the child : and provided^ further, that nothing in this act con-
tained shall prevent the said officers from dismissing any pupil,
whenever they shall think that the welfare of the pupil, or of the
school, will be promoted thereby. [March 19, 1833.] Add.
act, 1835 ch. 28.

364

1833..

-Chap. 136—137.

Chap 136.

Powers and
duties.

Transfer of
stock.

. An Act to establish the Ocean Bank.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Persons incor- the same, That William Davis, Richard Stone, Henry Titcomb,
porated. jj.^^ Stephen Thurston, Joseph J. Knapp, their associates, suc-

cessors and assigns, are hereby created a corporation, by the
name of the President, Directors and Company of the Ocean
Bank, to be established in Newburyport, and shall so continue
until the first day of October, A. D. one thousand eight hundred
and fifty-one ; and shall be entitled to all the powers and privi-
leges, and subject to all the duties, liabilities and requirements,
1828 ch. 96. contained in the ninety-sixth chapter of the statutes of one thou-
1830 ch. 58. sand eight hundred and twenty-eight, the fifty-eighth chapter of
the statutes of one thousand eight hundred and thirty, and in the
1833 ch. 83. second section of " an act concerning corporations," passed March
eighth, one thousand eight hundred and thirty-three.

Sect. 2. Be it further enacted, That the stock in said bank
shall be transferable only at its banking-house, or 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 slock. Sect. 3. Beit further enacted. That the capital stock of
said corporation shall consist of two hundred thousand dollars, to
be divided into shares of one huudred dollars each, to be paid in
such instalments, and at such times, as the stockholders may di-
rect : provided, that the whole be paid in, within one year from
the passing of this act. [March 20, 1833.]

An Act in addition to the several Acts concerning- the Fishery in Nemasket River.

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 Peter H. Pierce and Horatio G. Wood,
their heirs and assigns, be, and they hereby are authorized to
keep up and maintain their dam across the Nemasket river, in
the town of Middleborough, near the old stone weir, so called,
upon the condition that the aforesaid Peter H. Pierce and Ho-
ratio G. Wood, their heirs and assigns make, or cause to be
made, a good and sufficient passage way for thj fish called ale-
wives, passing up said river, and keep the said passage way
Nemas- ^P^" during the time required by laws regulating the fisheries on
said Nemasket river, and upon the further condition that the
said Peter H. Pierce and Horatio G. Wood, and their heirs
and assigns, at their own expense, and free from any expense to
said town, and to their acceptance, provide a suitable place at
or near their said dam, where said fish may be conveniently tak-
en, and the said fish way and the privilege of passing to and
from the same to the highway shall be secured to the inhabitants
of the town of Middleborough.
Inhabitants may Sect. 2. Be it further enacted. That from and after the lo-
*^^dfi^h'^' cation of such new fishing place as aforesaid, it shall be lawful
place." for the inhabitants of said town to take said fish, at such new

ChaplSl.

Act, 1764.
(v. 3. p. 20
Appx.)
1791 ch. 19.
(v. 1. p. 313.)
I797cli.41.
(v. 2. p. 192.)
1801 ch. 2.5.
(v. 2. p. 469.)
1815 ch. 111.
1819 ch. 137.

Dam may be
kept up and
maintained
across
ket river,

1833. Chap. 137—140. 365

fishing place, and to dispose of the same in the manner provided
by law for taking and selling the same at the old stone weir as
aforesaid. [March 20, 1833.]

An Act to authorize the sale of Real Estate by the First Baptist Church and Socie- QJiqv) 138
ty in Stoughton. " *

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That the First Baptist Church and Society in Stoughton be, Trustees may
and they hereby are authorized to empower the trustees of said sell parsonage
church and society, for the time being, to sell their parsonage °"^®'
house and lands, together with the pews in the meeting-house,
belonging to said church and society, and execute a deed or
deeds thereof, and to apply the proceeds of the sale or sales to
the purposes intended by the grants and donations made for the
use and benefit of said church and society. [March 20, 1833.]

An Act to incorporate the First Baptist Society in Lynn. CllCtp 139.

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 Bacheller, Hezekiah Chase, Isaac Persons incor-
Story, Samuel J. Huse and Caleb Wiley, their associates and porated.
successors, are hereby made a corporation by the name of the
First Baptist Society in Lynn, with all the powers, privileges
and immunities to which religious societies are usually entitled,
and with the powers, and subject to the requirements contained powers,
in an act "concerning corporations," passed on the eighth day i833ch. 83.
of March, in the year one thousand eight hundred and thirty-
three, and with power to hold and manage any estate, the annu- Estate.
al income of which, exclusive of their meeting-house, shall not
exceed three thousand dollars.

Sect. 2. Be it further enacted. That the said society may. Assessments
at a legal meeting called for that purpose, assess upon the pews "P°" ^^^^
in the meeting-house of said society any sums which may be ne-
cessary for the support of public worship, and other necessary
expenses, and such assessments shall be made and collected in
the manner provided in the statute of the year one thousand
eight hundred and seventeen, chapter one hundred and eighty- I8i7ch. 189.
nine, and, in all meetings of said society, each member shall be
entitled to one vote for each pew he may own : provided, that Rightjof voting.
no person shall be entitled to more than ten votes, and absent
members may vote by proxy.

Sect. 3. Be it further enacted. That all deeds of convey- Record of
ance of pews or other properly of said society shall be execut- <^eeds, &c.
ed and recorded in such manner as its by-laws shall direct.
[March 20, 1833.]

An Act to incorporate the Franklin Academy. y-^j -i t-n

BE it enacted by the Senate and House of Representatives, "

in General Court assembled, and by the authority of the same.
That Benjamin F. Remington, Dimeck Ellis, and William Persons incor-
Long, Jr., their associates and successors, are hereby incorpo- pof^ted.
rated as the proprietors of Franklin Academy, to be established

366

1833.-

■Chap. 140—143.

Powers.
1833 ch. 83.

Real and per-
sonal estate.

ChapU2.

Persons incor-
porated.

Powers and du-
ties.

1829 ch. 53.

Real and per-
sonal estate.

Chap 14:3,

Neat cattle, &c.
not permitted to
go at large.

[Sect. 1. re-
pealed, 1835
ch. 125.]

Penalty for
pulling up or
destroying
beach grass.

Town may ap-
point a commit-
tee.

in Shelburne, in the county of Franklin, with the powers and
requirements contained in " an act concerning corporations,"
passed March eighth, one thousand eight hundred and thirty-
three, and with power to hold real and personal estate, not ex-
ceeding in value the sum of twenty-five thousand dollars, to be
devoted exclusively to the purposes of education. [JVIarch 20,
1S33.]

An Act to incorporate the Boston and Walpole Woollen Manufacturing Com-
pany.

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 Richardson, Truman Clark and Hall J.
How, with such others as may hereafter associate with them,
their successors and assigns, are hereby made a corporation by the
name of the Boston and Walpole Woollen Manufacturing Company,
for the purpose of manufacturing woollen and cotton, and wool-
len goods, in the town of Walpole, in the county of Norfolk ;
and for this purpose shall have all the powers and privileges,
and shall be subject to all the duties and requirements, 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 cor-
porations."

Sect. 2. Be it further enacted, That said company may
hold and possess such real and personal estate as may be ne-
cessary and convenient for carrying on the said manufacture :
provided, the value of such real estate shall not exceed thirty
thousand dollars, and the value of such personal estate shall not
exceed fifty thousand dollars. [March 21, 1833.]

An Act to prevent the destruction of Beach Grass, in the towns of Provincetown and

Truro.

Sect. 1. BE it enacted bij the Senate and House of Representatives, in General-
Court assembled, and by the authoritij of the same, That, from and after the passing of
this act, no neat cattle, horses or sheep shall be permitted to go at large in the town of
Provincetown, nor on that tract of land situate in the town of Truro, between the line
which divides the towns of Provincetown and Truro, and a line drawn parallel with
the aforesaid line, from the foot of eastern harbor meadow, in Truro, to the northern
side of Cape Cod, in Barnsthble county. And if any person shall voluntarily suffer
any of the creatures aforesaid to go at large on the afore mentioned lands, he shall
forfeit and pay to the use of the person prosecuting therefor, for every one of said
creatures, excepting sheep, not less than five, nor more than ten dollars, and for every
sheep, one dollar.

Sect. 2. Be it further enacted, That, if any person shall
wilfully pull up or destroy any beach grass planted, or which
hereafter may be planted within the limits aforesaid, to prevent
the destruction of Provincetown harbor, he shall forfeit and pay
the sum of ten dollars for the first, and twenty-five dollars for every
subsequent offence, to the use of the person prosecuting therefor.

Sect. 3. Be it further enacted, That the town of Prov-
incetown may, at their annual meeting, or at any other legal town
meeting, appoint a committee- of one or more persons, whose
duty it shall be to cause the provisions of this act to be carried
into full effect, and who shall be sworn to' the faithful discharge
of that duty, and who are hereby authorized to sue for and re-

1833. Chap. 143—144. 367

cover, in the name of the treasurer of said town, the penakies
herein before mentioned.

Sfxt. 4. Be it further enacted, That the penahies afore- Penalties, how
said may be sued for and recovered by action of debt, in any recovered,
court proper to try the same.

Sect. 5. Be it further enacted, That it shall be lawful for the aforesaid committee, Committee, or
or an^' other person, to lake up and impound, in the town pound in Provincetown, any any other per-
neat cattle, horses or sheep, at any time found going at large within the limits afore- son, may take
said, he or they relieving such creatures with suitable meat and water, during the time up and impound
of their confinement j and when any of the creatures aforesaid shall be so impounded, cattle,
it shall be the duty of the person or persons impounding them, within twenty-four
hours, to inform the owner thereof, if known, by leaving a written notification at his [Sect. 5, re-
usual place of abode ; or, if unknown, by posting up a written notification in three pealed, 1835
public places in the towns of Provincetown and Truro, which notification shall describe ch. 125.]
said creatures, and shall specify the lime, place, and cause of impounding them, and
if said owner shall not, within three days from the time of leaving or posting up such
notifications, pay or offer to pay to the pound-keeper, the penalty or penalties incurred
as aforesaid, and also the reasonable expenses of the relief and sustenance of such
creatures, together with the pound-keeper's legal fees, such pound-keeper may pro-
ceed to sell such creatures at public auction, first giving notice of the time and place
of sale, by posting up a written notification tliereof, in three public places in said town
of Provincetown, at least forty-eight hours before said sale, and, after deducting from
the proceeds of any such sale the said penalties, expenses and fees, together with the
costs of such sale, the surplus, if any, shall be paid to such owner, if he shall demand
the same within one year after such sale, otherwise it shall be paid into the treasury of
the town of Provincetown, for the use of said town.

Sect. 6. Be it further enacted, That when any person has Compensation
a legal title in or to any part of the land aforesaid, he shall have '" damages to

.o, . •' K , , • 1 1 • 1 r owners of land.

a right to compensation in damages, to be paid by said town oi
Provincetown, for any injury he may sustain under the provisions
of this act, which damages shall be estimated by a jury, to be
awarded by the court of common pleas within and for the county
of Barnstable, and recovered with costs, in the same manner in
which damages are estimated and recovered by persons injured
by the laying out of highways : provided, application therefor be Proviso,
made by petition to said court, within twelve months from and
after the passing of this act, saving to said town of Provincetown
the right to contest the tide of any such applicant in and to the
land claimed by him, by pleading to issue to any such petition ;
and said issue, whether in law or fact, shall be tried in said court,
and either party shall have a right to appeal, subject to the limi-
tations by law in other cases provided, from the judgment of said
court thereon, to the supreme judicial court in and for said coun-
ty, and in case such issue be finally determined in favor of such
applicant, said court of common pleas shall proceed to award a
jury to estimate damages as aforesaid ; but if the issue be finally
determined against such applicant, said town of Provincetown
shall recover against them their costs. [March 21, 1833.]
Add. act, 1835 ch. 125.

An Act to establish the Nahant Bank. CIlCip 1 44.
Sect. 1. BE it enacted by the Senate and House of Representatix^es , in General

Court assembled, and by the authority of the same. That Hezekiah Chase, Henry A. Persons incor-

Breed, William Chase, their associates, successors and assigns, are hereby created a porated.
corporation, by the name of the President, Directors and Companj' of the Nahant
Bank, to be established in the town of Lynn, and shall so continue until the first day

of October, in the year of our Lord one thousand eight hundred and fifty-one; and Powers and du-

shall be entitled lo all the privileges, and subject to all the duties, liabilities and re- lies,

quirements, contained in the ninety-sixth chapter of the statutes of one thousand eight 1828 ch. 96.

hundred and twenty-eight, the fifty-eighth chapter of the statutes of one thousand eight jsso ch. 58.

hundred and thirty, and in the second section of " an act concerning corporations," 18.33 ch. 83.
passed March eighth, one thousand eight hundred and thirty-three.

368 1833. Chap. 144—149.

Transfer of Sect. 2. Be it further enacted, That the stock in said bank shall be transferable

slock. 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 one hundred and fifty thousand dollars, to be divided into shares of one hun-
dred dollars each, to be paid in such instalments, and at such times, as the stockhold-
ers may direct : provided, that the whole be paid in, within one year from the passing
of this act. [March 22, 1833.] Repealed, 1837 ch. 214.

Chan 14-6 ^" ^^^ ^° establish the Wareham Bank.

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 Nye, Benjamin Ellis, Joshua B. Tobey,
porated. -g^^.^ Thompson, Warren Murdock, their associates, successors

and assigns, are hereby created a corporation, by the name of the
President, Directors and Company of the Wareham Bank, to be
established in the town of Wareham ; and shall so continue until
the first day of October, in the year of our Lord one thousand
Powers and du- eight hundred and fifty-one, and shall be entitled to all the privi-
ties- leges, and subject to all the duties, liabilities and requirements,
1828 ch. 96. contained in the ninety-sixth chapter of the statutes of one thou-
1830 ch. 58. sand eight hundred and twenty-eight, the fifty-eighth chapter of the
statutes of one thousand eight hundred and thirty, and in the sec-
1833 ch. 83. ond section of " an act concerning corporations," passed March

eighth, one thousand eight hundred and thirty-three.
Transfer of Sect. 2. Be it further enacted. That the stock in said bank

stock. ghaii bg 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. Beit further enacted, That the capital stock of
said corporation shall consist 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 may
direct : provided, the whole be paid in, within one year from the
passing of this act. [March 22, 1833.]

Chd'O 1 49 ^" ^^^ ^° increase the Capital Stock of the Barnstable Bank.

1824. ch. 140. Sect. 1. BE it enacted by the Senate and House of Repre-

^^^ *^ ■ ' sentatives, in General Court assembled, and by the authority of
Increase of cap- the Same, That the President, Directors and Company of the
itai stock. Barnstable Bank are hereby 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 : provided, however, that the whole amount
shall be paid in, within one year from the time of the passage of
this act.
Additional 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.

Sect. 3. Be it further enacted, That the institution for sav-

1833. Chap. 149—151. 369

ings in the town of Barnstable is hereby empowered to subscribe, institution for
by its treasurer, for any portion of the additional stock aforesaid, subscffb^fd!^
not exceeding one tenth part of the same, at the pleasure of said additional
institution, on any day before the time when the first instalment of *°*^ "
said additional stock may be called for by the said bank, and shall
and may pay for said portion of said additional stock, so sub-
scribed for, at the par value, in the same manner as any other
stockholder.

Sect. 4. 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 a majority of the 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. [March 23, 1833.]

An Act to increase the capital slock of the Andover Bank. Cflttt} 1 50

Sect. 1. BE it enacted by the Senate and House of Rep- jgasch I6i
resentatives, in General Court assembled, and by the authority of 1830 ch. 58.
the same, That the President, Directors and Company of the ^^^^ ^^- ^^•
Andover Bank are hereby empowered to increase their capital ita"stodc° *^^^'
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 determine : provided, however, that the
whole amount shall be paid in, on or before the first day of Jan-
uary next.

Sect. 2. Be it further enacted, That the additional stock Additional
aforesaid shall be subject to the like tax, regulations, restrictions tS^ &'c.''''*'^* ^"^
and provisions to which the present capital stock of said corpora-
tion is now subject.

Sect. 3. Be it further enacted. That, before said corporation Certificate,
shall proceed to do business upon the said additional capital stock, a
certificate, signed by the president and a majority of the 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. [March 23, 1833.] Add. act, 1836
ch. 97.

An Act further regulating the storage, safe keeping and transportation of Gunpowder CJhflT) 151
in the city of Boston. ,_„^ V .^

1782 ch. 46.

Sect. 1. BE it enacted by the Senate and House of Rep- (v. i.p.42.')
resentatives, in General Court assembled, and by the authority P^i'^'^'o-^ci
of the same^ That no person, except on military duty in the pub- isbi ch. 20.
lie service of the United States, or of this Commonwealth, shall {l-^- P- ^^•)

, , . I •! !• • 1 • loUJ cn. l"M.

keep, have or possess, in any building, or in any place, or in any (v 3. p. 381.)
carriage, or on any wharf, or on board of any ship, or other ves- Ig?!*^!] }^*
sel, within two hundred yards of any wharf, or of the main land, i8i6ch. 26.'
in the city of Boston, gunpowder in any quantity exceeding one 1820 ch. 47.
pound, in any way or manner, other than by this act, and by the t^""e^klept^wi"h-
rules and regulations herein after mentioned, may be permitted out license,
and allowed. And all gunpowder, had, kept or possessed, con-
trary to the provisions of this act, and of such rules and regula-
voL. VII. 47

370

1833.-

-Chap. 151.

Licenses, &c.

Rules and regu-
lations.

Penalty for sell-
ing without
license.

[Repealed,
1837 ch. 99.]

Gunpowder
may be seized,
&c.

tions, shall be forfeited, and liable to be seized and proceeded
against in the manner herein after provided.

Sect. 2. Be it further enacted^ That it shall not be lawful
for any person or persons to sell any gunpowder, which may, at
the time, be within the city of Boston, in any quantity, without
first having obtained, from the engineers of said city, a license,
signed by the chief engineer, or by the secretary of the board of
engineers, on which shall be written, or printed, a copy of the
rules and regulations by them established, relative to keeping,
selling and transporting gunpowder within said city, and every
such license shall be in force for one year from the date thereof,
unless annulled by the board of engineers, and no longer ; but
such license may, prior to the expiration of that term, be renewed
by the chief engineer, or the said secretary, from year to year,
by endorsement thereon : provided, always, that the board of en-
gineers may rescind any such license, if in their opinion the per-
son or persons have disobeyed the law, or infringed any rules
and regulations established by said board of engineers. And ev-
ery person, who shall receive a license to sell gunpowder as
aforesaid, shall pay for the same the sum of Jive dollars, — and for
the renewal thereof, the sum of one dollar, — which sums shall be
paid to the board of engineers, for their use, for the purpose of
defraying the expenses of carrying this act into execution.

Sect. 3. Be it further enacted, That the board of engineers
of the city of Boston may establish rules and regulations, from
time to time, relative to the times and places at which gunpowder
may be brought to or carried from said city by land or water, the
times when, and manner in which the same may be transported
through the said city, to direct and regulate the kind of carriages
and boats, in which the same may be so brought to, carried from
and through said city, and to direct the manner in which gunpow-
der may be kept by licensed dealers, and other persons, and to
direct and require all such precautions as may appear to them
needful and salutary to guard against danger in the keeping and
transportation of gunpowder.

Sect. 4. Be it further enacted, That any person or persons, who shall keep, have
or possess any gunpowder within the city of Boston, contrary to the provisions of this
act, and to the rules and regulations made as aforesaid, or who shall sell any gunpow-
der therein without having a license therefor, or contrary to said license, or the rules
and regulations made as aforesaid, shall forfeit and pay a fine of not less than one hun-
dred dollars, and not exceeding Jive hundred dollars, for each and ever}' offence 5 and
if any gunpowder, kept contrary to the provisions of this act, shall explode in any
building, or on board any ship, or other vessel, or in any place in said city, the occu-
pant, tenant or owner of which has not then a license to keep and sell gunpowder there-
m, or which gunpowder shall have been kept in any manner contrary to such license,
or to the rules and regulations established as aforesaid, such occupant, tenant or owner
shall forfeit and pay a fine of not less than five hundred dollars, and not exceeding one
thousand dollars ; one moiety of the sums which maybe so forfeited shall accrue to the
use of the poor of the city of Boston, and the other moiety to the use of any person
or persons who shall prosecute for the same, which forfeitures may be recovered by
action of the case in any court proper to try the same.

Sect. 5. Be it further enacted. That all gunpowder, which
shall be kept, had or possessed within the city of Boston, or
brought into or transported through the same, contrary to the
provisions of this act, and to the rules and regulations made as
aforesaid, may be seized and taken into custody by any one or

1833. Chap. 151. S71

more of the engineers of said city, and the same shall, within
twenty days next after the seizure thereof, be libelled, by filing
in the office of the clerk of the municipal court of the city of
Boston, a libel, stating the time, place and cause of such seizure,
a copy of which libel, or the substance thereof, together with a
summons or notice, which such clerk is hereby authorized to is-
sue, shall be served on the person or persons, in whose custody
or possession such gunpowder shall have been seized, if such per-
son be an inhabitant of this Commonwealth, by delivering a copy
thereof to such person or persons, or leaving such a copy at his, her
or their usual place of abode, fourteen days at least before the sit-
ting of the court, at which the same is to be heard, that such per-
son or persons may appear and shew cause why the gunpowder
so seized and taken should not be adjudged forfeit. And if the
gunpowder so seized shall be adjudged forfeit, the person or per-
sons, in whose custody or possession the same was seized, or the
occupant or tenant of the place wherein the same was so seized,
shall pay all costs of prosecution, and execution shall be is-
sued therefor : provided, that it appear to the court that such per- Proviso,
son or persons had notice of such prosecution by service as afore-
said, and in case the person or persons in whose custody or pos-
session such gunpowder may be seized, shall be unknown to the
engineer or engineers making such seizure, or in case such gun-
powder, at the time of seizure, may not be in the custody or pos-
session of any person, or if it shall appear by the return of the
officer that such person cannot be found, or has no place of abode
in this Commonwealth, then said court shall and may proceed to
adjudication thereon. And such libel or summons, and also such
writ of execution for costs, shall and may be served and executed
in any county in this Commonwealth, and by any officer compe-
tent to execute civil process in like cases.

Sect. 6. Be it further enacted, That any person or per- Fine for rescu-
sons, who shall rescue, or attempt to rescue, any gunpowder o"r^atfemp°b<r^to
seized as aforesaid, or shall aid or assist therein, or who shall rescue it.
counsel and advise, or procure the same to be done, or who shall
molest, hinder or obstruct any engineer in such seizure, or in
conveying gunpowder so seized to a place of safety, shall forfeit
and pay a fine for each offence of not less than one hundred dol-
lars, and not exceeding five hundred dollars, to be sued for and
recovered by action of the case, by any person or persons who
shall sue for the same, in any court proper to try the same ; and
it is hereby made the duty of all persons to aid and assist such
engineer or engineers in executing the duties hereby required.

Sect. 7. Be it further enacted. That the said engineers, or Engineers may
any of them, may enter the store or place of any person or per- &c^\o search
sons licensed to sell gunpowder, to examine and ascertain if the for gunpowder,
laws, rules and regulations relating thereto are strictly observed ;
and, on an alarm of fire, may cause the powder there deposited to
be removed, or destroyed, as the case may require ; and it shall
be lawful for any one or more of the engineers of said city to en-
ter any dwelling-house or other place in the city of Boston, to

372

1833.-

■Chap. 151.

Person suffering
by explosion,
may have an ac-
tion of the case,
&c.

Rules and reg-
ulations.

Fines, how
recovered.

Fines, how
appropriated.

[Repealed,
1837 ch. 99.]

Repeal.

Proviso.

search for gunpowder, first having obtained from a justice of the
police court in said city a search warrant therefor, which warrant
the justices of said court are hereby authorized to issue, upon the
complaint of such engineer or engineers, supported by his or their
oath.

Sect. 8. Be it further enacted, That any person who shall
suffer injury by the explosion of any gunpowder, had, kept or
transported within the city of Boston, contrary to the provisions
of this act, and of the rules and regulations established as afore-
said, may have an action of the case in any court proper to try
the same, against the owner or owners of such gunpowder, or
against any other person or persons who may have had the pos-
session or custody of such gunpowder, at the time of the explo-
sion thereof, to recover reasonable damages for the injury thus
sustained.

Sect. 9. Be it further enacted, That it shall be the duty
of the engineers of the city of Boston, to cause all such rules and
regulations as they may make and establish, by virtue of the au-
thority given by this act, to be published in two or more news-
papers printed in the city of Boston, and to cause such publica-
tion to be continued three weeks successively, for the informa-
tion and government of all persons concerned.

Sect. 10. Be it further enacted, That all fines, penal-
ties and forfeitures which may arise and accrue under this act,
shall and may be prosecuted for and recovered, either in the man-
ner herein before specially provided, or by indictment, complaint
or information in any court proper to try the same. And this
act shall be taken and deemed to be a public act, of which all
courts, magistrates and citizens are bound to take notice as such ;
and in any libel, action, indictment, information or complaint upon
this act, it shall not be necessary to set forth any more of the
same than so much thereof as relates to, and may be necessary
truly and substantially to describe the offence alleged to have
been committed.

Sect. 11. Be it further enacted, That all fines, penalties and forfeitures, which shall
be recovered by force of this act, and which are not otherwise appropriated, shall ac-
crue and enure, one half to the poor of the city of Boston, to be paid over to the over-
seers of the poor thereof, and one half to the engineers of said city ; provided, however,
that whenever, on the trial of any prosecution under this act, any one or more of said
engineers shall be sworn and examined as a witness or witnesses therein, record thereof
shall be made in court, and in that case, the whole of such fine, penalty and forfeiture
shall accrue and enure to the poor of said city, and to be paid over as aforesaid.

Sect. 12. Beit further enacted, That this act shall take
effect and be in force from and after the passing thereof, and that
all acts and parts of acts, heretofore passed, which are inconsis-
tent with, or repugnant to the provisions of this act, be, and the
same are hereby repealed : provided, however, that the same shall
continue in force, for the purpose of prosecuting all offences
which may have been committed prior to the passing of this act,
in the same manner, to all intents and purposes, as if the same
had not been repealed : and provided, further, that all rules and
regulations, made and established by the engineers of said city,
under and by virtue of the provisions of such former acts, shall

1833. Chap. 151—152. 373

continue to have the same force and effect, until altered or an-
nulled by said engineers, as if this act had not been passed.
[March 25, 1833.] Add. act, 1837 ch. 99.

An Act to incorporate the East Boston Company, in the city of Boston. C^hflT) 1 ^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 Francis J. Oliver, Stephen White, William Persons incor-
H. Sumner, and their associates, successors and assigns, be, and pora'ed.
they are hereby made a body corporate, by the name of the East
Boston Company, for the purpose of improving Noddle's Island,
with the powers and requirements contained in "an act concern- isssch. 83.
ing corporations," passed March eighth, A. D., one thousand
eight hundred and thirty-three.

Sect. 2. Be it further enacted, That said corporation may Mayhoid Nod-
purchase, hold and possess, in fee simple or otherwise, all or any *^ ^*'^^° >
part of that island, situate in the city of Boston, known by the
name of Noddle's Island, with all the flats around the same, and
the privileges and appurtenances thereto appertaining, and all
rights, easements and water courses therewith used and enjoyed,
and to the proprietors of said island belonging ; with such per-
sonal property as may be necessary for the proper conducting of
the affairs of said corporation : provided, that the whole real and Estate,
personal estate of said corporation shall not exceed in value the
sum of five hundred thousand dollars : and provided, that the
lawful owners or proprietors of such estates shall convey the same
to said corporation. And said corporation shall also have power
to sell and convey, lease, mortgage, or otherwise dispose of said
corporate property, or any part thereof, and to manage and im-
prove the same at its will and pleasure, with authority to construct
dams, docks, wharves and buildings, and to lay out streets and
passage ways within the limits of said island, as it shall deem ex-
pedient.

Sect. 3. Be it further enacted, That said corporation may. Number of
at any legal meeting, agree upon the number of shares into which ^'^^''^s-
the corporate estate and property shall be divided, and upon the
form of certificates of shares to be issued to the proprietors, and
upon the manner and conditions of transferring the same ; which
shares shall be deemed and held as personal property. And said Assessments.
corporation shall have power to assess, upon each share, such
sums of money as may be considered as necessary for construct-
ing, repairing and maintaining dams, docks, wharves and build-
ings, and for the improvement and good management of the prop-
erty of said corporation, and for the incidental expenses thereof;
and to sell and dispose of the shares of any delinquent proprietor,
for the payment of assessments, in such manner as said corpora-
tion may, by its by-laws, determine : provided, that no assess-
ment shall be made at any meeting, unless agreed to by two-thirds
at least, both in number and value, of those proprietors present
and represented, nor unless notice of the purpose of such meeting

374

1833.-

-Chap. 152—153.

Corporation to
set apart land
for engine-
houses, &c.

shall have been given ten days, at least, previous thereto, in the
manner prescribed by the by-laws.

Sect. 4. Be it further enacted, That said corporation shall
set apart on said island, in such place or places thereon as the
mayor and aldermen of the city of Boston may designate, a por-
tion of land, not exceeding in the whole four acres, free of ex-
pense to the city, for the purpose of providing proper sites for
engine-houses, school-houses, burial grounds, and for other pub-
lic purposes : provided, that no lot, except the lots for burial
grounds, shall contain more than ten thousand feet, without the
consent of this corporation : and provided, further, that said
mayor and aldermen shall designate the land so to be taken within
six weeks from the passing of this act.

Sect. 5. Be it further enacted, That nothing herein con-
tained shall be construed to confirm, interrupt or impair the ex-
isting rights belonging to the proprietors, or others, or of any
ferry already established, or to authorize the building of any
bridge, or dam, over the channel of any public navigable waters,
or otherwise permanently to obstruct the same, or to restrain the
power of setting up any ferry which the wants or convenience of
the public may hereafter require.
Right of voting. Sect. 6. Be it further enacted. That, at all meetings, the
proprietors present shall be respectively entitled to as many votes
as they shall hold shares in said corporation : provided, that no
one proprietor shall ever be entided to more than one quarter
part of the whole number of the votes of said corporation : and
absent proprietors may vote by proxy, authorized in writing.
[March 25, 1833.]

Existing rights
protected.

Chap 1 53.

Persons incor-
porated.

Powers and
duties.

1828 ch. 96.
1830 ch. 58.

1833 ch. 83.

Transfer of
slock.

An Act to establish the Northampton 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 Samuel Hinckley, John Hopkins, Thomas
Napier, George Bancroft and Charles A. Dewey, their associates,
successors and assigns, are hereby created a corporation, by the
name of the President, Directors and Company of the North-
ampton Bank, to be established in Northampton, and shall so
continue until the first day of October, 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 be subject
to all the duties, liabilities and requirements, contained in the
ninety-sixth chapter of the statutes of one thousand eight hundred
and twenty-eight, the fifty-eighth chapter of the statutes of one
thousand eiglit hundred and thirty, and in the second section of
"an act concerning corporations," passed March eighth, one
thousand eight hundred and thirty-three.

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.

1833. Chap. 153—155. 375

Sect. 3. Be it further enacted, That the capital stock of Capital stock,
said corporation shall consist of one hundred thousand dollars, to [^""eased,

, ,. . ,r , 1 1 I 11 1 1 -1 . 1837 ch. 144.1

be divided into snares ol one hundred dollars each, to be paid, in
such instalments, and at such times, as the stockholders may di-
rect : provided^ the whole be paid within one year from the
passing of this act.

Sect. 4. Be it further enacted^ That said bank shall be Location,
established in the town of Northampton ; and any two of the per-
sons herein named shall be authorized to call the first meeting of
said corporation, by advertising the same in any newspaper pub-
lished in Northampton, ten days at least before said meeting.
[JYIarch 25, 1833.] Add. act, 1837 ch. 144.

An Act to increase the capital stock of the Mechanics Bank in Newburyport. Chctp 1 54.

Sect. 1. BE it enacted by the Senate and House of Repre- ]8i2cii.46.
sentatives, in General Court assembled, and by the authority of\^\Qf.^^^\
the same, That the President, Directors and Company of the 1830 ch. 58.
Mechanics Bank in Newburyport are hereby empowered to in- Increase of cap-
crease their present capital stock, by an addition of one hundred ' ^ ^ °"^ •
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 : provided, how-
ever, 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 loTax ^&.c^*^
and provisions to which the present capital stock of said corpora-
tion 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 a majority of the 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. [March 25, 1833.]

An Act to establish the Hingliam P>ank. y~^i 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 David Whiton, Leavitt Souther, Luther J. persons incor
Barnes, Nathaniel Whittemore and Moses L, Humphrey, their porated.
associates, successors and assigns, are hereby created a corpora-
tion, by the name of " the President Directors and Company
of the Hingham Bank," to be established in Hingham, and shall
so continue until the first day of October, 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- powers am! clu
ties, liabilities and requirements, contained in the ninety-sixth ^'^*-
chapter of the statutes of one thousand eight hundred and twen- 1828 ch.W
ty-eight, in the fifty-eighth chapter of the statutes of one thou- i830 ch. oS
sand eight hundred and thirty, and in the second section of " an i833ch.83
act concerning corporations," passed March eighth, one thou-
sand eight hundred and thirty-three.

376

1833.-

-Chap. 155—167.

Transfer of
stock.

Capital stock.

[Capital in-
creased 1836 eh,
96.]

Chap \ 56.

Persons incor-
porated.

Powers and du-
ties.

1828 ch. 96.
1830 ch. 58.

1833 ch. 83,

Transfer of
stock.

Capital stock.

ChapXbl.

Persons incor-
porated.

Powers and du-
ties.

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 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 may di-
rect : provided, the whole be paid in, within one year from the
passing of this act. [March 25, 1833.J Add. act, 1836 ch.
96.

An Act to establish the Framingham Bank.

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 Micali Stone, Dexter Fay, Sullivan
Fay, Elijah Perry and Rufus Brewer, their associates, suc-
cessors and assigns, are hereby created a corporation, by the
name of the President, Directors and Company of the Framing-
ham Bank, to be established at Frainingham, and shall so con-
tinue until the first day of October, in the year of our Lord one
. thousand eight hundred and fifty-one, and shall be entitled to all
the privileges, and subject to all the liabilities and requirements,
contained in the statutes of one thousand eight hundred and
twenty-eight, chapter ninety-six, and the statutes of one thou-
sand eight hundred and thirty, chapter fifty-eight, and in the se-
cond section of " an act concerning corporations," passed
March eighth, one thousand eight hundred and thirty-three.

Sect. 2. Be it further enacted. That the stock of 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 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 may
direct : provided, the whole be paid in, within one year from the
passing of this act. [March25, 1833.]

An Act to establish the Du.xbury 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 Ezra Weston, Levi Sampson and George Lor-
ing, their associates, successors and assigns, are hereby created
a corporation, by the name of the President, Directors and
Company of the Duxbury Bank, to be established in Duxbury,
and shall so continue until the first day of October, in the year of
our Lord one thousand eight hundred and fifty-one, and shall be
entided to all the powers and privileges, and subject to all the

1833. Chap. 157—159. 377

duties, liabilities and requirements, contained in the ninety-sixth
chapter of the statutes of one thousand eight hundred and twen- ^^^^ '^^'
ty-eight, and in the fifty-eighth chapter of the statutes of one I830ch.58.
thousand eight hundred and thirty, and in the second section of 1333 ch. 83.
" an act concerning corporations," passed March eighth, one
thousand eight hundred and thirty-three.

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 transferable by way of se-
curity 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
paid, in such instalments, and at such times, as the stockholders
may direct : provided, the whole be paid in, within one year
from tile passing of this act. [JWarch 25, 1833.]

An Act to increase the Capital Stock of the Merchants' Bank in Newburyport. f^hrtrt 1 ^iR

Sect. 1. BE it enacted by the Senate and House of Repre- i830ch. lie.
sentatives, in General Court assembled, and by the authority
of the same, That the President, Directors and Company of increase of cap-
the Merchants' Bank in Newburyport are hereby empowered to ''^'*'°<=^-
increase their present capital stock, by an addition of seventy-
five thousand dollars thereto, in shares of fifty dollars each,
which shall be paid, in such instalments, and at such times, as the
president and directors of said bank may direct : provided, how-
ever, 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, restric- ^^°^^ subject
tions and provisions to which the present capital stock of said '

corporation is now subject.

Sect. 3. Be it further enacted, That, before said corpora- certificate,
lion shall proceed to do business upon said additional capital, a
certificate signed by the president, and a majority of the direc-
tors, and attested by the cashier, that the same has been actu-
ally paid into said bank, shall be returned into the office of the
secretary of this Commonwealth. [J[Iarch 25, 1833.]

An Act to increase the Capital Stock of the Greenfield Bank. ^i -t cq

Sect. 1. BE it enacted by the Senate and House of Repre- jggj ^h 43
sentaiives, in General Court assembled, and by the authority of the 1826 ch. 127.
same. That the President, Directors and Company of the i^so ch. 58. 105.
Gi'eenfield Bank are hereby empowered to increase their pres- Increase of cap-
ent 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 limes, as the president and direc-
tors of said bank may determine : provided, however, that the
whole amount shall be paid in, within one year from the passing
of this act.

VOL. VII. 48

378

1833.-

-Chap. 169— 161.

Additional
stock subject to
tax, &c.

Certificate.

ChapieO.

1832 ch. 84.

Increase of cap-
ital stock.

Additional
stock subject
to tax, &c.

Certificate.

ChaplGl.

Persons incor-
porated.

Powers and du-
ties.

1828 ch. 96.
1830 ch. 58.
1833 ch. 83.

Transfer of
stock.

Sect. 2. Be it further enacted, That the additional stock
aforesaid shall be subject to the like lax, 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 the said cor-
poration shall proceed to do business upon said additional capi-
tal, a certificate, signed by the president, and a majority of the
directors, and attested by the cashier, that the same has been acr
tually paid into said bank, shall be returned into the office of the
secretary of this Commonwealth. [March 2b, 1833.]

An Act to increase the Capital Slock of the Marine Bank 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 the President, Directors and Company of the
Marine Bank in New Bedford are hereby empowered 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 presi-
dent and directors of said bank may direct : 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 and restric-
tions, to which the present capital stock of said corporation is
now subject.

Sect. 3. Be it further enacted, That, before the said cor-
poration shall proceed to do business upon said additional capital,
a certificate, signed by the president and a majority of the direc-
tors, and attested by the cashier, that the same has been actually
paid into said bank, shall be returned into the office of the secre-
tary of the Commonwealth. [March 25, 1833.]

An Act to establish tiie Ipswich 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 Thomas Manning, Michael Brown, Ephraim
F. Miller, Charles Kimball, Samuel N. Baker, and Samuel S.
Farrington, their associates, successors and assigns, are hereby
created a corporation, by the name of the President, Directors
and Company of the Ipswich Bank, to be established in Ipswich,
and shall so continue until the first day of October, 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 the statute of
one thousand eight hundred and twenty-eight, chapter ninety-six,
the statutes of one thousand eight hundred and thirty, chapter
fifty-eight, and in the second section of "an act concerning cor-
porations," passed March eighth, one thousand eight hundred
and thirty-three.

Sect. 2. Be it further enacted, That the stock in said bank
shall be transferable only at its banking-house and in its books,

1833. Chap. 161—163. 379

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 Capital stock.
shall consist of one hundred thousand dollars, to be divided into
shares of one hundred dollars each, to be paid, in such instal-
ments, and at such times, as the stockholders may direct : pro-
vided, that the whole be paid in, within one year from the passing
of this act. [March 25, 1833.]

An Act to incorporate the Randolph Academy. ChctV 162*

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That Jonathan Wales, James Littlefield, Royal Turner, Ebene- Persons incor-
zer Alden, and Seth Mann, their associates and successors, are po^^-ied-
hereby incorporated as the Proprietors of Randolph Academy,
to be established in the town of Randolph, in the county of Nor-
folk ; with the powers and requirements contained in " an act 1833 ch. 83.
concerning corporations," passed March eighth, one thousand
eight hundred and thirty-three ; and with power to hold real and Real and per-
personal estate, not exceeding in value the sum of twenty thou- ®°"^' estate,
sand dollars, to be devoted exclusively to the purposes of edu-
cation. [March 25, 1833.]

An Act to establish the South Bank. ChCLJ) 163,

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 H. Bird, John Preston, George C. Persons incor-
Thatcher, Noah Brooks, their associates, successors and assigns, po'^ated.
are hereby created a corporation, by the name of the President,
Directors and Company of the South Bank, to be established
in Boston, and shall so continue until the first day of October,
one thousand eight hundred and fifty-one, and shall be entitled Powers and du-
to all the powers and privileges, and subject to all the duties, ^'®*-
liabilities and requirements, contained in the ninety-sixth chapter 1828 ch. 96.
of the statutes of one thousand eight hundred and twenty-eight,
the fifty-eighth chapter of the statutes of one thousand eight hun- 1830 ch. 58.
dred and thirty, and in the second section of " an act concerning 1333 ch. 83.
corporations," passed March eighth, one thousand eight hundred
and thirty-three.

Sect. 2. Be it further enacted, That the stock in said bank Transferor
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 Capital stock,
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 in, within one year from
the passage of this act. [March 25, 1833.]

380

1833.-

-Chap. 164—165.

Chap 16^.

Persons incor-
porated.

Powers and du-
ties.

1828 ch. 96.
1830 ch. 58.
1833 ch. 83.

Transfer of
stock.

Capital stock.

Chapl65.

Persons incor-
porated.

Powers and du-
ties.

1828 ch. 96.
1830 ch 58.
1833 ch. 83.

Transfer of
stock.

Capital stock.

An Act to establish the Quinsigamond 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 Nathaniel Paine, Samuel M. Burnside, John
Coe, Otis Coibett, Ichabod Washburn, Stephen Salisbury,
Frederick W. Paine, Thomas Kinnicut, George T. Rice, and
Levi A. Dowley, their associates, successors and assigns, are
hereby created a corporation, by the name of the President,
Directors and Company of the Quinsigamond Bank, to be es-
tablished in Worcester, and shall so continue until the first day
of October, in the year of our Lord one thousand eight hundred
and fifty-one, and shall be entitled to all the powers and privi-
leges, and subject to all the duties, liabilities and requirements,
contained in the statutes of one thousand eight hundred and
twenty-eight, chapter ninety-six, in the statutes of one thousand
eight hundred and thirty, chapter fifty-eight, and in the second
section of "an act concerning corporations," passed March
eighth, one thousand eight hundred and thirty-three.

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 thousand dollars, lo
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. [March 25, 1833.]

An Act to establish the People's 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 Samuel Guild, Samuel J. Gardner, and Eli-
jah Lewis, their associates, successors and assigns, are hereby
created a corporation, by the name of the President, Directors
and Company of the People's Bank, to be established in Rox-
bury, and shall so continue until the first day of October, 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 liabilities and requirements, contained in the statutes of
one thousand eight hundred and twenty-eight, chapter ninety-six,
the statutes of one thousand eight hundred and thirty, chapter
fifty-eight, and in the second section of "an act concerning cor-
porations," passed March eighth, one thousand eight hundred
and thirty-three.

Sect. 2. Be it further enacted. That the stock of 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

1833. Chap. 165—168. 381

said corporation shall consist of two hundred thousand dollars, to [Capital re-
be divided into shares of one hundred dollars each, to be paid, in ch^^^im^^*
such instalments, and at such times, as the stockholders may di-
rect : provided, the whole be paid in, within one year from the
passing of this act. [March 25, 1833.] Add. acts, 1834 ch.
188 : 1836 ch. 283 : 1837 ch. 105.

ChaplGl.

An Act to establish the Hancock 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 John Brown, Amos Binney and Daniel D. Persons incor-
Brodhead, their associates, successors and assigns, are hereby pofated.
created a corporation, by the name of the President, Directors
and Company of the Hancock Bank, to be established in Boston,
and shall so continue until the first day of October, 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 Powers and
duties, liabilities and requirements, contained in the statutes of <Ju''es.
one thousand eight hundred and twenty-eight, chapter ninety-six, 1828 ch. 96.
the statutes of one thousand eight hundred and thirty, chapter 1830 ch. 58.
fifty-eight, and in the second section of " an act concerning cor- 1833 ch. 83.
porations," passed March eighth, one thousand eight hundred
and thirty-three.

Sect. 2. Be it further enacted, That the stock of said bank Transferor
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 Capital stock,
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 di-
rect: provided, the whole be paid in, within one year from the
passing of this act. [Alarch 25, 1833.]

An Act to incorporate the Naumkeaff Wharf and Whale Fishery Company. C^hfli) 1 68

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same, That David Pingree, Joel Bowker, Elisha Mack, Persons incor-
Larkin Thorndike and John Read, their associates, successors P°'^'®
and assigns, are hereby constituted a corporation, by the name
of the Naumkeag Wharf and Whale Fishery Company, to be
established in the town of Salem, with all the powers and re- Powers,
quirements contained in "an act concerning corporations," passed i833ch. 83.
March eighth, in the year of our Lord one thousand eight hun-
dred and thirty-three.

Sect. 2. Be it further enacted. That said corporation may Real estate,
hold and possess all or any part of that real estate in said Salem,
bounded northerly on Bridge street, easterly on the flats at low
water, southerly on Collins' cove, and westerly on land of Wil-
liam B. Parker and others, and all rights, easements, privileges
and appurtenances thereto belonging, including a wharf and ware-
house thereon : provided, that the lawful owners of said property

382

1833.-

-Chap. 168—169.

Proviso.

Number of
shares, assess-
ments, &c.

Right of voting

Manufacture of
sperm candles,
&c.

1829 ch. 53.

Capital slock.

shall legally convey the same to said corporation, and said cor-
poration may extend, build and maintain a wharf or wharves from
said estate, across the flats, to a point or points below low water,
suitable for the approach of whale ships, and other vessels fully
laden, and may receive dockage and wharfage for all vessels laid
at their wharves, and said corporation may, conformably to the
provisions of their by-laws, make conveyances of their corporate
property, and may lease, manage and improve the same : provid-
ed^ that no wharf, or other structure, shall be built into the chan-
nel, excepting on piles, nor shall the rights or property of the
owner or owners of any adjoining wharf or wharves be hereby
lessened or injured.

Sect. 3. Be it further enacted^ That the number of shares
in the property of said corporation shall not exceed one thousand,
and the assessments shall not exceed one hundred dollars upon
each share, for the purposes contemplated by this act, and in
case any proprietor shall not pay any assessment, said corpora-
tion may cause such shares of such proprietors, as may be su ffi
cient, to be sold at public auction, after thirty days notice in one
or more newspapers in said Salem, and the surplus over assess-
ments and charges of sale shall be paid over to such proprietor,
and the purchaser shall be entitled to a certificate of the share or
shares so sold.

Sect. 4. Be it further enacted. That each share in said
corporation shall entitle the proprietor to one vote, but no pro-
prietor shall have more votes than one fourth of the whole num-
ber, and all assessments upon the shares shall be agreed to by
two thirds at least in number of votes of proprietors present, or
represented in writing, at any meeting, public notice thereof in
one or more newspapers, printed in Salem, being given at least
ten days previously.

Sect. 5. Be it further enacted, That said corporation may
engage in the manufacture of sperm candles, and in any other
manufacture connected with a whale fishery establishment, and
for such purposes may increase the number of their shares to
not more than five thousand in all, and shall act under the provi-
sions of the fifty-third chapter of the statutes of one thousand
eight hundred and twenty-nine ; but said corporation shall not
have power to build, own, purchase, charter or hire any ship or
other vessel ; and the capital stock of said corporation, for all
purposes, shall consist of real estate, not exceeding one hundred
thousand dollars in value, and of personal estate, not exceeding
four hundred thousand dollars. [March 25, 1833.]

C/iapl69.

Persons incor-
porated.

Powers, &c.
1833 ch. 83.

An Act to incorporate the Boston Phrenological Society.

I. BK it enacted by the Senate and House of Rep-

Sect.

resentatives, in General Court assembled, and by the authority
of the same. That John Pierpont, William Ingalls, Jonathan
Barker, and their associates, are hereby made a corporation, by
the name of the Boston Phrenological Society, with all the pow-
ers and requirements contained in " an act concerning corpora-

1833. Chap. 169—175. 383

tions," passed March 8th, 1833, for the purpose of investigating
the science of phrenology, and its bearing on the physical, intel-
lectual and moral character and condition of man, and of render-
ing it available, if it may be, to the improvement of individuals
and society.

Sect. 2. Beit further enacted^ That said society shall have Real and per-
povver to hold and manage, for the purposes set forth in the first ^°"^
section of this act, real estate to the amount of ten thousand dol-
lars, and personal estate to the amount of ten thousand dollars.
{March 25, 1833.]

An Act to incorporate the Boston Musical Professional Society. CfldJ) I T2.

BE it enacted by the Senate and House of Represen-
tatives, in General Court assembled, and by the authority of
the same, That Charles Zeuner, Isaac K. Wise, George Kings- Persons incor-
ley, William Denton, and George Jones, their associates, P"''^'^''-
successors and assigns, are hereby created a corporation, by the
name of the Boston Musical Professional Society, for the pur-
pose of promoting education in the science and practice of music,
and of holding a fund to be applied to the assistance of disabled
and aged members of the society. And said corporation may Personal estate,
hold personal estate, not exceeding in value twenty thousand dol-
lars, to be appropriated exclusively to the purposes aforesaid, and
may have the powers, and shall be subject to the requirements. Powers.
contained in "an act concerning corporations," passed March 1833 ch. 83.
eighth, A. D. 1833. [March 25, 1833.]

An Act to extend the time for liquidating the concerns of the Brighton Bank. C/lClZ) 1 74.

BE it enacted by the Senate and House of Representatives, in 1827 ch. no.
General Court assembled, and by the authority of the same, Jolg ^h W5.
That in addition to the time allowed by the statute of the year Further time
one thousand eight hundred nineteen, chapter forty -three, the allowed.
president, directors and company of the Brighton Bank be al- I8i9ch.43.
lowed the further term of one year to settle and close their con-
cerns, in the manner prescribed by said statute. [March 25,
1833.] Add. act, 1834 ch. 88.

An Act in addition to an Act to incorporate the Boston Insurance Company. CilCtp 1 75.

Sect. 1. BE it enacted by the Senate and House of Repre- 1822 ch. 114.
sentatives, in General Court assembled, and by the authority of
the same, That the Boston Insurance Company are hereby au- Increase of
thorized to augment their capital stock, to any amount not ex- "^^P''^^ *'°^'^-
ceeding five hundred thousand dollars, the additional stock to be
divided into shares of one hundred dollars each, and to be sub-
scribed under the direction of the president and directors for the
time being, v^hen, and on such terms and conditions as they and
the subscribers may agree : provided, that no person who is a di-
rector, shall, while in the exercise of that office, subscribe any
part of said new stock.

Sect. 2. Be it further enacted. That the additional stock Additional
which may be subscribed as aforesaid, shall be paid in and in- ^^°^ '
vested in the same manner as the other part of the capital is re-
quired to be invested, within sixty days after the same shall be

384 1833. Chap. 175—180.

subscribed, and shall be subject to all the provisions of the laws
as the other part of the capital, and entitled to all the privileges
to which it is entitled. [March 25, 1833.]

ChttV 177. ^^ ^^^ authorizing Charles Smith to construct a Wharf in the Harbor of Holmes

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
Charles Smith That Charles Smith is hereby authorized and allowed to build a
buiid°Twhar°f wharf in the harbor of Holmes Hole, in Dukes County, com-
mencing at the foot of the street leading to the water, between
the land of Jonathan Luce, Jr., and that of the heirs of Silas
West, in a parallel line with the street, extending across the flats
to where there may be two fathoms of water, not to exceed
twenty-five rods from high water mark, and that he be allowed all
the privileges heretofore granted, or that may hereafter be granted
to proprietors of wharves in said harbor, for the use, occupation
Proviso. and accommodation of said wharf : provided, that this grant shall

in no wise interfere with the legal rights of any other person or
persons. [March2Q, 1833.]^

f^hnil 1 7*^ "'^^ ^^^ confirming the location of a Wharf in the Harbor of Edgartown.

BE it enacted by the Senate and House of Representatives,

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

Charles Smith That Charles Smith and John Holmes, are hereby authorized to

and John continue and maintain a wharf situated in the harbor of said Ed-

Holmes author- •t-vi /-i ii--- iii^i •!

ized to maintain gartown, m Uukes Counly, and adjoimng the land oi the said
a\vharf,&c. Charles Smith and John Holmes, and extending into the chan-
nel of said harbor, and that they be allowed all the privileges
heretofore granted, or that n)ay hereafter be granted to [)roprie-
tors of wharves in said harbor, for the use, occupation and accom-
Proviso. modation of said wharf : provided, that this grant shall in np wise

interfere with the legal rights of any other person or persons.
[March 26, 1833.]

f^hn 1 QA ■^"' ■'^'^^ ^° incorporate the " South Boston Wharf and Dock 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 William Ingalls, Charles Ewer and Nahum Capen,
porated. j^gi,. associates, successors and assigns, are hereby constituted a

corporation, by the name of the " South Boston Wharf and Dock
Powers. Company," to be established in the city of Boston, with all the

1833 ch. 83. powers and requirements, contained in an act concerning corpo-
rations, passed March eighth, in the year of our Lord eighteen
hundred and thirty-three.
May hold cer- Sect. 2. Be it further enacted. That said corporation may
taui real estate. j^qJj gnd possess all, or any part of that real estate, with the
buildings and other improvements thereon standing, lying east-
erly of the stieet which is a continuation of Dorchester turn-
pike, and extending the same to low water mark, not exceeding
in any case one hundred rods from the shore, or high water mark,
in the natural state of the shore of South Boston, to, and includ-

1833. Chap. 180—181. 385

ing land formerly belonging to the South Boston Crown Glass
Manufactory, lying on the north side of Second street, in South
Boston, or to any intermediate point between the easterly line of
the street which is a continuation of Dorchester turnpike, and
said land, and may receive dockage and wharfage for all vessels
laid at their wharves ; and said corporation may, conformably to
the provisions of their by-laws, make conveyances of their cor-
porate property, and may lease, manage and improve the same :
provided, that said corporation shall legally acquire the same from Proviso,
the lawful proprietors thereof, and the rights, privileges, and the
property of the owner or owners of any adjoining wharf or
wharves, be not lessened or injured thereby.

Sect. 3. Be it further enacted, That the number of shares Shares, assess-
in the property of said corporation shall not exceed one thousand, "'®°'*' *<=•
and the assessments shall not exceed two hundred dollars upon
each share, for the purposes contemplated by this act ; and in
case any proprietor shall not pay any assessment, said corpora-
tion may cause the share or shares of such proprietor to be sold
at public auction, after thirty days notice in one or more news-
papers in said Boston, and the surplus, if any, over assessments
and charges of sale, shall be paid over to such proprietor, and
the purchaser shall be entitled to a certificate of the share or
shares so sold.

Sect. 4. Be it further enacted, That each share in said Right of voting,
corporation shall entitle the proprietor to one vote, but no pro- ^'
prietor shall have more votes than one fourth of the whole num-
ber of shares. And all assessments upon the shares shall be
agreed to by two thirds, at least, in number of votes of proprie-
tors present, or represented in writing at any meeting ; public
notice thereof, in one or more newspapers printed in said Bos-
ton, being first given at least ten days previously : provided, that
nothing in this act shall interfere with the legal rights of any other
person or persons. [March 26, 1833.] ^__

An Act to authorize the Proprietors of Bass River Bridge to remove the same. ChWD 181

Sect. 1. BE it enacted by the Senate and House of Repre- 1315 ch. 71.
sentatives, in General Court assembled, and by the authority of
the same, That, from and after the passing of this act, the pro- Proprietors au-
prietors of the Bass River bridge, in the county of Barnstable, comTrTuVBalis'
are hereby authorized to discontinue said bridge as a passway, River bridge,
and the said proprietors are hereby empowered to take up the
materials of said bridge, and also to sell and dispose of, at public
or private sale, all the materials of said bridge, and every other
kind of property whatever, belonging to said proprietors in their
corporate capacity, and to divide the net proceeds of such sale
among the respective stockholders, according to their respective
shares : provided, however, that said bridge shall not be removed
until the towns of Yarmouth and Dennis shall, at town meetings,
legally warned and held for that purpose, by their vote, consent
to such removal.

Sect. 2. Be it further enacted, That all acts, incompatible Repeal,
with this act, are hereby repealed. [March 26, 1833.]

VOL. VII. 49

386

1833.-

•Chap. 182.

Chap IS2.

Persons incor-
porated.

Bridge across
Bass River.

Bridge to be
well built, &c.

Tolls.

An Act to incorporate the Proprietors of Bass River Upper Bridge.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same, That Samuel Nickerson, Eleazer Nickerson, Ne-
hemiah Baker, Samuel Rogers, and Miller W. Nickerson, and
their associates, successors and assigns, are hereby constituted a
corporation, by the name of the Proprietors of the Bass River
Upper Bridge.

Sect. 2. Be it further enacted, That said corporation are
hereby authorized to construct and erect a bridge across Bass
river, from the town landing, so called, in Dennis, to land of
Cornelius Baker, in Yarmouth, which bridge shall be built within
twenty rods of high bank, so called ; and said corporation shall
conform to the provisions and restrictions following, to wit : that
said bridge shall be built on piles, excepting suitable abutments
at the ends thereof, and that said corporation shall, at their own
expense, purchase, fence, make, and keep in repair an open road,
from the end of said bridge, in Yarmouth, to a road or public
highway in Yarmouth, near the house of Peregrine White, and
the said town of Yarmouth 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
feet wide, shall have sufficient rails on each side for the protection
of travellers, and shall be at all times kept in good repair ; and
said proprietors, at the place or places where the toll shall be
received, shall erect and keep constantly exposed to view, a sign
or board, with the rates of toll of all tollable articles fairly and
legibly written thereon ; and all persons, with their carriages and
horses, passing to or from their usual places of public wor-
ship, and all persons going to or returning from military duty,
and all persons passing to or from funerals, are hereby ex-
empted from paying any toll required by this act.

Sect. 4. Be it further enacted, That, for reimbursing said
proprietors for the money expended in building and supporting
said bridge, a toll is hereby granted and established, 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 sulky,
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
burden, 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 handcart or wheelbarrow, 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

1833. Chap. 182—185. 387

bridge for passengers, and shall continue for the benefit of said
corporation, during the term of seventy years thereafter : pro- Proviso.
vided^ that, at all times hereafter, the rate of toll shall be subject
to the regulations of the Legislature ; and also, that if the pro-
prietors of the said bridge shall neglect to build and complete
the said bridge within five years from the passing of this act, then
the same shall be void. [March 26, 1833.]

An Act to incorporate the Beividere Female Seminary. ChCLTJ 183.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That John Nesmith, Alpheus Smith, Aaron Mansur, their asso- Persons incor-
ciates and successors, are hereby incorporated by the name of porated.
the " Beividere Female Seminary," to be established in Tevvks-
bury, in the county of Middlesex ; with the powers, and subject Powers,
to the requirements, contained in "an act concerning corpora- 1833 ch. 83.
tions," passed March eighth, one thousand eight hundred and
thirty-three ; and also with power to hold real and personal es- Real and per-
tate, not exceeding in value the sum of ten thousand dollars, to sonal estate.
be devoted exclusively to the purposes of education. [March
26, 1833.]

An Act to incorporate tlie Edwards Church Society in Northampton. CJlCW 1 84

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of the
same. That Thomas Napier, William Clark and Josiah D. Whit- Persons incor-
ney, their associates and successors, are hereby incorporated as P*""^'^ •
a religious society, in the town of Northampton, by the nanne of
the Edwards Church Society in Northampton, with all the pow-
ers, privileges and immunities to which religious societies in this
Commonwealth are usually entitled, and with the powers, and Powers,
subject to the requirements, contained in " an act concerning 1833 ch. 83.
corporations," passed March eighth, one thousand eight hundred
and thirty-three.

Sect. 2. Be it further enacted, That said society shall have Real and per-
power to acquire, hold and manage any estate, real or personal, *°"*' estate,
the annual income of which shall not exceed in value the sum of
three thousand dollars, to be appropriated exclusively to paro-
chial purposes.

Sect. 3. Be it further enacted, That said society shall have Assessments,
power to assess upon the pews in their meeting-house, such sums
as may be necessary for the support of public worship, and other
necessary expenses, and the mode of assessment, and of enforc-
ing the collection thereof, shall be the same as provided in the
statute of one thousand eight hundred and eighteen, [seventeenl I8i7ch. 189.
chapter one hundred and eighty-nine. [March 26, 1833.]

An Act authorizing the Mayor and Aldermen of the city of Boston to lay out certain CUkXT) 1 85»
Streets. -»

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of Mayor and al-
the same. That the mayor and aldermen of the city of Boston f^XTiay^JuT'
are hereby authorized to lay out a new street, in continuation of new streets.

388

1833.-

■Chap. 185—186.

Compensation
for damages.

1786 ch. 67.

ChaplSe.

Persons incor-
porated.

Powers.
1833 ch. 83.

Real estate.

Proviso.

Number of
shares, assess-
ments, &c.

Broad street, beginning at or near the present easterly end of said
Broad street, and thence running partly over the margin of Fort
hill, and over other land near the harbor of Boston, to a point at
or near the place where Summer street meets Sea street ; and
also to lay out a new street extending from the present termina-
tion of Commercial street, near Lewis's wharf, so called, to the
marine railway on Ann street. And the said streets shall be laid
out respectively, of such widths, in such directions, and through
and over such docks, now used for the purposes of navigation,
as the public safety or convenience of the inhabitants of said city
shall, in the opinion of said mayor and aldermen, require.

Sect. 2. Be it further enacted, That the owner or owners
of any building, wharf, or other erection, which may be removed,
and of any land which may be taken for the said streets, when
the same cannot be obtained by voluntary agreement, shall
be entitled to receive compensation for the damages, if any,
which he or they may sustain by such removal or taking ; which
damages shall be ascertained, determined and recovered, in the
way and manner now provided in the act entitled "an act directing
the method of [fori laying out highways." [J\Iarch2Q, 1833.]

An Act to incorporate the East Boston Wharf 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 Ammi C. Lombard, Samuel S. Lewis, Robert
G. Shaw, Daniel D. Brodhead, their associates, successors and
assigns, are hereby created a corporation, by the name of the
East Boston Wharf Company, with all the powers and require-
ments contained in "an act concerning corporations," passed
March eighth, one thousand eight hundred and thirty-three.

Sect. 2. Be it further enacted, That said corporation may
hold and possess all or any part of that real estate on Noddle's
island, in the city of Boston, called Smith's hill, bounded east-
erly by the westerly side of a proposed highway near highwater
mark, measuring eight hundred and fifty feet on said highway ;
southerly by a line running westerly through the southerly corner
of the old wharf, so called, at right angles with said highway, to
the harbor channel, northerly by a line parallel with the last de-
scribed line, distant eight hundred and fifty feet, northerly there-
from, and running to said channel, and westerly by said channel,
and all rights, easements, privileges and appurtenances thereto
belonging : provided, that the lawful owners of said property shall
legally convey the same to said corporation, and said corporation
may build and maintain a wharf or wharves, and lay vessels there-
at, and, conformably to their by-laws, niay make conveyances of
their corporate property, and may lease, manage and improve the
same.

Sect. 3. Be it further enacted, That said corporation may
agree upon the number of shares of their corporate property, not
exceeding in all five thousand, and the assessments shall not ex-
ceed one hundred dollars upon each share for the purposes con-

1833. Chap. 186—190. 389

templated in this act. And in case any proprietor shall not pay-
any assessment, said corporation may cause such of his shares as
may be sufficient, to be sold at public auction, after thirty days
notice in one or more newspapers printed in Boston, and the
surplus over assessments and charges of sale shall be paid over
to such proprietor, and the purchaser shall be entitled to a certi-
ficate of the share or shares so sold.

Sect. 4. Be it further enacted, That each share in said cor- Right of voting,
poration shall entitle the proprietor to one vote ; but no proprie-
etor shall have more votes than one fourth of the whole number.
And all assessments upon the shares shall be agreed upon by two
thirds at least in number of votes of proprietors present or repre-
sented in writing at any meeting, public notice thereof, in one or
more newspapers printed in Boston, being first given at least ten
days previously. [March 26, 1833.]

An Act to incorporate the Maiden Agricultural and Mechanics Association. CflClt) 1 88.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That Charles Lewis, Timothy Bailey, Edward Wade, their as- Persons incor-
sociates, and those who may become associated with them, are P°''^*^'^-
hereby made a corporation, by the name of the Maiden Agricul-
tural and Mechanic Association, for the purpose of encouraging
agriculture and the mechanic arts, by granting premiums or loans
of money, and of relieving the distresses of unfortunate mechanics
and their families, with the powers and requirements contained Powers,
in an "^ act concerning corporations," passed March eighth, one 1833 ch. 83.
thousand eight hundred and thirty-three ; and said corporation Real and per-
raay hold real estate, not exceeding five thousand dollars in value, sonai estate,
and the annual income of its personal estate shall not exceed five
thousand dollars. [March 26, 1833.]

An Act to authorize the Proprietors of Tapley's Wharf to extend the same. CflUT) 1 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 the proprietors of the wharf in the town of Wharf may be
Charlestown, known by the name of Tapley's wharf, are hereby extended.
empowered to extend said wharf into the channel, to a line drawn
straight from the present southwesterly corner of the navy yard
wharf, to the southeasterly corner of Gray's wharf: provided,
that said extended wharf be built upon piles, and that the propri-
etors of said Tapley's wharf shall have the right and privilege of
laying vessels at the sides and end of their said wharf, and receiv-
ing dockage and wharfage therefor.

Sect. 2. Be it further enacted. That nothing herein con- Rights of others
tained shall be construed to authorize the proprietors of said '"^° ^*^ ^
Tapley's wharf to lessen or injure the rights or property of the
owner or owners of any wharf or wharves adjoining the said
Tapley's wharf. [March 26, 1S33.]

390

1833.-

-Chap. 191—192.

Chapim

1828 ch. 25.

Persons incor-
porated.

Powers.

1833 ch. 83.

Real and per-
sonal estate.

Assessments.

1817 ch. 189.
Repeal.

1828 ch. 25.
Proviso.

Chap \92.

1832 ch. 143.

Police court
established
within and for
the town of
Newburyport.

Jurisdiction.

An Act to incorporate the Proprietors of the First Universalist iVIeeting-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 Eliphalet Case, Amos Carlton, Samuel Willard
and others, are hereby incorporated by the name of the Propri-
etors of the First Universalist Meeting-House in Lowell, with
all the powers, privileges and immunities to which religious so-
cieties are usually entitled, and with all the powers, privileges and
requirements contained in " an act concerning corporations,"
passed March eighth, one thousand eight hundred and thirty-
three ; and also, with power to purchase and hold real and per-
sonal estate, not exceeding ten thousand dollars, exclusive of
said meeting-house, to be devoted exclusively to religious pur-
poses.

Sect. 2. Be it further enacted, That said proprietors shall
have full power, at any meeting duly called for that purpose, to
make assessments upon the pews in said meeting-house, for the
maintenance of public worship, and all other necessary charges
and expenses attendant upon religious instruction ; and the pro-
cess of enforcing the payment of such assessments shall be the
same as provided by the statute of one thousand eight hundred
and seventeen, chapter one hundred eighty-nine.

Sect. 3. Be it further enacted, That an act to incorpo-
rate the proprietors of the First Universalist Meeting-House in
Lowell, passed the twelfth day of June, one thousand eight hun-
dred and twenty-eight, is hereby repealed : provided, hoioever,
that this act shall not take effect unless adopted unanimously by
all persons legally interested in said meeting-house. [tMarch
26, 1833.]

An Act to establish a Police Court in the town of Newburyport.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That there hereby is established, within and for the
town of Newburyport, a Police Court, to consist of one able,
learned, and discreet person, to be appointed and commissioned
pursuant to the provisions of the constitution, to take cognizance
of all crimes, offences and misdemeanors committed within the
town of Newburyport, 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 justices of the peace. The
court hereby established shall hear and determine all suits, com-
plaints, 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, and consistent with such
powers and authority. And said court shall also have original
jurisdiction of all civil suits and actions of which justices of the
peace in said county may or shall have cdgnizance, in concur-
rence with said justices, and original and exclusive jurisdiction
of all such suits and actions where the plaintiff and defendant

1833. Chap. 192. 391

reside in said town of Newbuiyport, and service of the writ is
had on the defendant in said county ; and no justice of the
peace shall have cognizance of such suits and actions, within said
town. And an appeal shall be allowed from all orders, decrees
and judgments in said court, in like manner, and to the same ex-
tent, 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
matter or thing whatsoever, which may be pending in said court.

Sect. 2. Be it further enacted, That all writs and war- Writs, &c.
rants issued by said court, or by any justice of the peace within PJ^*^^ "l®^""'^-
said town of Newburyport, shall be made returnable and be re- court,
turned before said court ; and if any writ or warrant shall be is-
sued by any justice of the peace, returnable before said court,
the lawful lees payable therefor shall not be paid or allowed to
said justice, unless it shall appear, on the exaniination or hearing
before said court, that there was reasonable cause for his issuing
said writ or wanant ; in which case, such fees, costs and char-
ges shall be allowed and taxed in like manner as if the said writ
or warrant had been issued by said justice of the peace, according
to the laws now in force.

Sect. 3. Be it further enacted, That said justice be, and Justice author-
he is hereby authorized, when he shall deem it advisable, to com- '^^'^ ^° commit

,, •' , . •II- /• • 1 /• i\T 1 persons to work-

mit all persons being inhabitants oi said town oi JNewburyport, house,
and convicted by said court of the offences described in the se-
cond section of the statute of one thousand seven hundred and
eighty-seven, chapter fifty-four, to the work-liouse in Newbury- nsTch. 54.
port, instead of the house of correction as is now required, and
for the same time that they may now be committed to the house
of correction ; to be kept and governed in said work-house, ac-
cording to the rules and regulations which are, or may be es-
tablished for the government of said house, and at the expense
of the said town of Newburyport. And if this act shall be adopt- -p^,^,,,, ^^ ^^^^
ed by the town of Newbury, in the manner hereinafter provided, bury, see sec.i2.
the said court shall have like authority, in respect of persons
convicted as aforesaid, who are inhabitants of Newbuiy, for their
commitment to the work-house of said town of Newbury.

Sect. 4. Be it further enacted, That it shall be lawful for justice may
the iustice of said court, at his discretion, to discharge any per- discharge any

-I . . , , II 1 1 r J \ " person trom mi-

son Irom imprisonment who sliall have been connned under sen- prisoment, for
tence of any court for three months or more, in default of pay- fi'ie and costs
ment of fine and costs only, when it shall be made to appear to
him that such person is unable to pay said fine and costs.

Sect. 5. Be it further enacted. That the justice of said Justice's fees.
police court shall be entitled to demand and retain for his own
use, out of all monies received by him, such fees as by law
might be demanded and retained in the like case by a justice of
the peace : provided, that the legislature shall have power, at
any time hereafter, to make other and different provision in ref-
erence to the compensation of said justice.

392

1833.-

-Chap. 192.

Costs in crim-
inal prosecu-
tions, &c.

Court, when to
be liolden.

Determination
of pending suits,
&c.

Justice to keep
a record of all
proceedings in
said court.

Specialjustices.

Act, when to go
into operation.

Annexation of
Newbury to

Sect. 6. Be it further enacted, That all costs in criminal
prosecutions before said court, which shall be received by or paid
into the hands of the justice thereof, 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,
certified and allowed, and shall be paid and satisfied in like man-
ner 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 justi-
ces of the peace.

Sect. 7. Be it further enacted, That a court shall be
holden by said justice, on Monday of each week, at ten of the
clock in the forenoon, and as much oftener as may be necessary,
to take cognizance of crimes, offences and misdemeanors, and 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 conducting of the business of said court.

Sect. 8. Be it further enacted, That all suits, actions and
prosecutions, which shall be instituted and pending before any
justice of the peace within the town of Newburyport, when this
act shall take effect, shall be heard and determined as if this act
had not been passed.

Sect. 9. Be it further enacted. That the justice of said
court shall keep a full and fair record of all proceedings in said
court, and shall make return to the several courts of all legal pro-
cesses, 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 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
in any suit or prosecution cognizable in said court, or be kin to
either party therein, or shall from any cause be unable to attend
said court, or hear and determine any matter or thing pending
therein, the cause shall be assigned upon the record, and the court
may and shall be holden, and its jurisdiction exercised by one or
both of said special justices ; and the said special 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. 11. Be it further enacted. That this act shall go
into operation from and after the first day of June next, unless
the said town of Newburyport shall, at a legal meeting called for
that purpose, refuse to accept the same, and shall signify said re-
fusal to the governor, on or before the first day of May next.
And the governor shall have power, by and with the advice and
consent of council, to appoint said justice and specialjustices, at
any time after the said first day of May next.

Sect. 12. Be it further enacted, That whenever the inhabi-
tants of the town of Newbury shall, at a legal town meeting holden

1833. Chap. 192—196. 393

lor that purpose, express their desire to be annexed to the town Newburyport,
of Newburyport, for the purposes aforesaid, and shall signify said how made,
desire to the governor, then the said towns of Newburyport and
Newbury shall be considered as forming one judicial district of
Newburyport, and all the provisions of this act shall be applied to
the town of Newbury equally with the town of Newburyport.

Sect. 13. Be it further enacted^ That all acts and parts Repeal,
of acts, so far as they are inconsistent with the provisions of this
act, be, and the same are hereby repealed. [March 26, 1833.]

An Act to establish the Winnisimmel Bank. CKflt) 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 Henry J. Oliver, John M. Fiske, Simon Wil- Persons incor-
kinson, Isaac Harris, Samuel Aspinwall, Benjamin Abrams, po^ated.
Guy'C. Haynes, Ephraim Milton, Eleazer Pratt, Ebenezer H.
Little, Benjamin Leavitt, Moses Miller, and Stephen Locke,
their associates, successors and assigns, are hereby created a
corporation, by the name of the President, Directors and Com- caimn^chan'^ed
pany of the Winnisimmet Bank, to be established near the Win- 1835 ch. 34.]
nisimmet Ferry in the city of Boston, and shall so continue until
the first day of October, in the year of our Lord one thousand
eight hundred and fifty-one, and shall be entitled to all the powers Powers and
and privileges, and subject to all the duties, liabilities and require- "*'^*'
ments, contained in the ninety-sixth chapter of the statutes of the i828 ch. 96.
year one thousand eight hundred and twenty-eight, the fifty- i830 ch. 58.
eighth chapter of the statutes of the year one thousand eight
hundred and thirty, and in the second section of "an act con- i833 ch. 83.
cerning corporations," passed March eighth, one thousand eight
hundred and thirty-three.

Sect. 2. Be it further enacted, That the stock in said Transferor
bank shall be transferable only at its banking house, and in its s'°*=''-
books, and no part thereof shall be transferred by way of securi-
ty, for the performance of any obligation whatsoever, until two
years from the payment of the first instalment into said bank.

Sect. 3. JBe it further enacted, That the capital stock of Capital stock,
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, the whole be paid in, within one year from the [Time extend-
passage of this act. [March 27, 1833.] Add. acts, 1834 edi834ch.92.]
ch. 92 : 1835 ch. 34.

An Act to change the names of persons therein mentioned. CHtt'D 1 96«

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That John Winslow Whitman, Jr., of Boston, may take the Names chang-
name of George Henry Whitman ; that Patrick Powers, of Bos- ed.
ton, may take the name of John Patrick Powers ; that Mary B. Suffolk.
Murphy, of Boston, may take the name of Sarah Hunt ; that
Ebenezer W. Perry, of Boston, minor son of John B. Perry,
may take the name of Ebenezer W". Townsend ; that Joseph

VOL. VII. 50

394 1833. Chap. 196.

Buntin, of Boston, may take the name of Joseph Bunlin Corne-
lius ; that John Maky, of Boston, may take the name of John
Wirt May ; that Mary Ann Maky, wife of the said John Maky,
that his minor sons, viz : John James, Henry Rogers, William
Thomas, Samuel Pearce, and also his minor daughter, Lucy Ann,
may severally take the surname of May ; that Ephraim Kendall
Rogers, of Boston, may take the name of Edward Kendall Ro-
gers ; that Martha B. Waite, of Boston, may take the name of
Martha B. Lawrence ; that Hannah Sumner Cox, of Boston,
may take the name of Hannah Sumner ; that Nabby Phillips, of
Boston, may take the name of Abigail Wales Phillips ; that Wil-
liam Davis, of Boston, may take the name of William Guisby
Davis ; that Ralph Haskins, of Boston, may take the name of
Ralph Thurston Haskins ; that James Stackpole, of Boston,
may take the name of James Wallace ; that Delia Atwood, of
Boston, minor daughter of Barnabas Atwood and Abigail At-
wood, of Brewster, in the county of Barnstable, may take
the name of Delia Atwood Thurston ; that Penelope Green, of
Boston, may take the name of Harriet Green ; that James Boies
Johnson, of Boston, may take the name of James Jeremiah
Smith Boies ; that Ann Dearing Johnson, wife of the said James,
may take the name of Ann Dearing Boies ; that James Theo-
dore Johnson, may take the name of James Theodore Boies ;
that Ann Cordelia Johnson, may take the name of Cordelia Ann
Boies ; that William Rogers Johnson, may take the name of Ferdi-
nand Augustus Boies ; that William Octavius Johnson, may take
the name of William Octavius Boies ; that Charles Frederick
Johnson, may take the name of Charles Frederick Boies ; that
Edward Alonzo Johnson, may take the name of Edward Alonzo
Boies ; all minor children of the said James Boies Johnson, first
named ; that John Bigelow, second, of Boston, may take the
name of John Bradford Bigelow ; that Bayard Rice, of Boston,
may take the name of James Bayard Rice ; that Smith Hills, of
Boston, may take the name of Henry Smith Hills ; that Ebe-
nezer Leman, of Boston, cork-cutter, may take the name of Eb-
enezer C. Leman ; that Elbridge Whitney, of Boston, may take
the name of Elbridge Gerry Whitney ; that Sarah Monk, of
Boston, may take the name of Sarah M. Brown ; that Benjamin
Bates, of Boston, may take the name of Benjamin Edward Bates ;
that Benjamin Willard, of Boston, may take the name of Benja-
min Franklin Willard — all of the county of Suffolk.
Essex. Essex county. That Edward Orne, of Salem, may take the

name of Edward Osgood ; that Charlotte Woodberry, minor
daughter of David Woodbury, of Wenham, may take the name
of Charlotte Woodberry Symons ; that Charles William Pierce
Crockett, of Newbury, may take the name of Charles Pierce
Crocket ; that Joseph James Galley Cuishing, a minor son of
Joseph Cuishing, of Marblehead, may take the name of James
Galley Cuishing ; that John Hoyt Bean, of Lynn, may take the
name of John Hoyt Henry ; that Susan Lakeman, third, of Ips-
wich, may take the name of Susan Sarah Lakeman ; that Sarah

1833. Chap. 196. 395

Stickney Hunt, of Newbury, may take the name of Sarah Jane
Stickney ; that Melancthon Elliot, of Nevvburyport, may take
the name of Henry Melancthon Elliot ; that Marcy Gidings Put-
nam, of Salem, may take the name of Maria Gidings Putnam ;
that Emily Bailey, of West Newbury, may take the name of Em-
ily Mariketer Bailey ; that Abraham Edwards, minor son of
Abraham Edwards, of Beverly, may take the name of Abraham
Franklin Edwards ; that Daniel Bailey, third, of West Newbury,
may take the name of Daniel Winslow Bailey ; that Dudley
Cross, Jr., of Ipswich, may take the name of John Dudley
Cross ; that Lydia Little Dodge, of Salem, may take the name
of Ellen Lydia Little Dodge ; that Samuel SafFord, a minor, of
Salem, may take the name of Samuel Appleton SafFord ; that
Samuel Whitefoot, of Danvers, may take the name of Samuel
White ; that Elizabeth, wife of the said Samuel Whitefoot, and
that his minor son, Samuel Quince Whitefoot, may severally take
the name of White ; that John Hooper, Jr., of Marblehead, may
take the name of John Lee Hooper ; that Ruth Moody Bradley,
of Bradford, may take the name of Ruth Ann Moody Bradley ;
that Ruth Ingersoll Ladd, of Bradford, may take the name of
Ellen Bradstreet Ladd ; all of the county of Essex.

jyiiddlesex county. That Lot Wiswall, of Cambridge, may Middlesex,
take the name of William Daniels Wiswall ; that Hiram Brown,
of Lowell, may take the name of Hiram Alonzo Brown ; that
Polly Richardson, of Framingham, may take the name of Maria
Antoinette Richardson ; that William Paige, first, of Shirley,
may take the name of William Weston Paige ; that James Paul
Crooks, of South Reading, may take the name of Paul Kruz ;
that Mary Crooks, his wife, may take the name of Mary Kruz ;
that Caleb Horace Pool Wakefield, of Reading, may take the
name of Horace Pool Wakefield ; that Ambrose Augustus Cole,
of Charlestown, may take the name of Augustus Howard Cole ;
that AiraKenny, of Reading, may take the name of Ellen Ma-
ria Kenny ; that Loammi Kendall, Jr., of Charlestown, may
take the name of Arthur Kendall ; that Samuel King, Jr., of
Cambridge, may take the name of Samuel Wilson King ; that
Fanny Tufts, of Medford, may take the name of Frances Emily
Tufts ; that William Searles, of Lowell, may take the name of
William Coleman ; that Alice Ann Fiillerton, of Lowell, a minor,
may take the name of Alice Ann Shattuck ; that Edward Eels,
Jr., of Medford, may take the name of Edward Eels Nash — all
of the county of Middlesex.

J^orfolk county. That Benjamin Frost Cutter, of Brookline, Norfolk.
may take the name of Benjamin Franklin Cutter ; that Henry
Peirce, and Edward Peirce, minor sons of Jesse Peirce, of
Stoughton, may severally take the names of Henry Lillie Peirce,
and Edward Lillie Peirce ; that Joseph Kendall, of Dorchester,
may take the name of Edward Joseph Kendall — all of the county
of Norfolk.

Worcester county. That Jonadab Baker, of Ashburnham, Worcester,
may take the name of George Baker ; that Boaz Moore Mer-

396

1833.-

•Chap. 196.

Plymouth.

Hampshire.

Franklin.

Hampden.

rick, of West Brookfield, may take the name of Charles Augus-
tus Merrick ; that Anna Fitts, second, of Charhon, may take
the name of Ann Maria Fitts ; that Sally Bullen, of Charlton,
may take the name of Sally Boy den ; that Polly Bullen, of
Charlton, may take the name of Mary Boyden ; that Samuel
Chandler Blake, of Worcester, may take the name of Francis
Blake ; that James Madison Cutter, of Fitchburg, may take the
name of James Marshall Cutter ; that Adam Hawks, of Ash-
burnham, may take the name of Henry Putnam Hawks ; that
Sumner Smith, of Worcester, may take the name of Joseph
Sumner Smith ; that Mary G. Fisk, of Spencer, may take the
name of Adelaide Mary Fisk ; that Ebenezer Wilder, .Jr., of
Lancaster, may take the name of Frederick William Wilder ;
that Emilia Dudley, minor daughter of Samuel Dudley, of Har-
vard, deceased, may take the name of Abba Willard Dudley ;
that John Davis, of Worcester, son of Joseph Davis, of North-
boro', in said county, may take the name of John B. Davis ;
that William Sawyer, of Berlin, may take the nan)e of William
Adison Sawyer ; that William Henry Tower, a minor son of
Asahel Towner, Jr., of Lancaster, may take the name of Henry
Ambrose Tower ; that Emily Osgood, of Leominster, may take
the name of Emily Rebecca Osgood ; that Adeline Wheeler
Stearns, of Oakham, minor daughter of Isaac Stearns, of Spen-
cer, may take the name of Adeline Wheeler Ayres ; that Asa
Waters, Jun., of Millbury, may take the name of Asa Holman
Waters ; all of the county of Worcester.

Plymouth county. That Nathaniel Fovvle Bowdoin, of Han-
son, may take the name of Nathaniel Towle Bowdoin ; that his
wife, Eunice may take the name of Eunice Towle Bowdoin ;
that Harriet Newel Barker, of Halifax, may take the name of
Harriet Jane Watterman ; that Phoebe Thompson, of Halifax,
may take the name of Phoebe Waterman Thompson ; all of the
county of Plymouth.

Hampshire county. That Emily Olds, of Cummington, may
take the name of Emily Read ; that Experience Amanda Cool-
ey, of Prescott, may take the name of Mary Jane Amanda
Cooley ; that Betsey Brewster, of Worthington, may take the
name of Elizabeth M. Brewster ; that James Dickson Benjamin,
of Worthington, minor son of Alvah Benjamin, deceased, may
take the name of Alvah Dickson Benjamin ; that Calvin Mitchell,
of Enfield, may take the name of Marcus Milton Mitchell ; that
George Mitchell, of Enfield, may take the name of George W.
Mitchell ; that Ashley Washington, of Amherst, may take the
name of George Washington : all of the county of Hampshire.

Franklin county. That John Smith, of Sunderland, may
take the name of John Rowe Smith ; that Olive Cary, of Mon-
tague, may take the name of Olive Holton ; both in the county
of Franklin.

Hampden county. That George Francis Norcross, minor son
of Erasmus Norcross, of Monson, may take the name of George
Henry Norcross ; of the county of Hampden,

1833. Chap. 196—197. 397

Barnstable county. That Luke Baker, of Chatham, may take Barnstable,
the name of Luke Clark Baker ; of the county of Barnstable :
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. [J\Iarch 27,
1833.]

An Act to incorporate the Winnisimmet Company. ChflYI I 97

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 Francis B. Fay, Thomas H. Perkins, Wil- Persons incor-
liam H. Gardiner, Washington P. Giagg, their associates, sue- pof^'e^l-
cessors and assigns, are hereby made a corporation, by the name
of the Winnisimmet Company, with the powers and requirements Powers,
contained in "an act concerning corporations," passed March I833cli.83.
eighth, one thousand eight hundred and thirty-three ; and said
corporation is empowered to purchase and hold any ferry or ferry Corporation
rights, between Boston and Chelsea, and to construct and main- may purchase

• I 11- I II 1 • 1 1 1 and hold any

tain wharves, landing places, and other works suitable and con- ferry or feny
venient for the steam boats and other vessels which may be used Cis*^'^ between

, ^ 1 r I 1 • r- r iJoston and

on any such terry, and tor the accommodation ol toot passengers, Chelsea,
horses, carriages and merchandize : provided, that nothing herein Proviso,
shall authorize said corporation to take private property for any
of said purposes, otherwise than by legal authority from the
owners thereof, nor to build any bridge or dam over the channel
of any public navigable waters, or otherwise permanently to ob-
struct the same. And said corporation may purchase and dispose Real and per-
of the whole, or any part of the real estate described in the deed ^onai estate.
of Thomas Williams to Francis B. Fay and others, trustees,
dated March eighth, one thousand eight hundred and thirty-one,
and recorded with Suffolk deeds, and such other real estate at
or near the landing places of any such ferry, not exceeding in
value seventy-five thousand dollars, as may be necessary or con-
venient for the purposes aforesaid, together with vessels and
steam boats, and such other personal property, not exceeding in
value one hundred thousand dollars, as may be necessary and
convenient for the better management of any such ferry, and of
the affairs of said corporation.

Sect. 2. Be it further enacted, That the capital stock of Capital stock,
said corporation shall not exceed five hundred thousand dollars ; yo^lnl.^ °^
and at all meetings of the corporation each share shall have one
vote, btit no proprietor shall have more than one fourth part of
the whole number of votes, and absent proprietors may vote by
proxy, authorized in writing.

Sect. 3. Be it further enacted. That if any person shall Penalty for wii-
wilfully obstruct or interrupt the passage of any ferry boats, or ^"' '"jiiries, &c.
shall wilfully injure the boats, wharves, landing places, or toll-
houses of said corporation, the person so offending shall be liable
to a penalty of not less than twenty dollars, and not more than
one hundred, to be sued for and recovered, to the use of the
Commonwealth, by said corporation, or any agent thereof, in any

398

1833..

■Chap. 197—198.

Reservations
and restrictions.

ChapldS.

Boundary line
described.

Proviso.

Committee to
be appointed to
determine pro-
portion of state
and county tax-
es.

court of competent jurisdiction, and shall be further liable to the
corporation in damages by an action therefor.

Sect. 4. Be it further enacted, That nothing herein shall
be construed to enlarge or diminish, confirm, impair, revive,
recognize or deny any rights which the persons herein named, or
their associates may have acquired by purchase or otherwise, in
the ferry, or the lands now held in trust by the said Fay and
others, nor in any way to affect the power of the Legislature to
grant such other ferries as they lawfully might, if this act had
not been passed, nor to limit or affect, in any way, the right of
the Legislature to fix, regulate, and, at their pleasure, to change
the rates of toll at any ferry owned or conducted by said corpo-
ration, or to authorize any other tribunal to do the same.
[March 27, 1833.] Add. act, 1837 ch. 211.

An Act to set off a part of tlie town of Foxborough, and to annex the same to Wal-
pole.

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 so much of the town of Foxborough, with the
inhabitants thereon, as lies northerly of the following described
line, be set off from said town of Foxborough and annexed to
said town of Walpole, to wit : beginning at a point at the south-
westerly corner of a lot of wood land belonging to Silas Sinith,
at a corner in the line between the said two towns, and running
due west, until it intersects the line between the town of Wal-
pole and Foxborough, on the road running from the Norfolk and
Bristol turnpike, near the house of Stephen Fuller, to Wren-
tham, containing, by measure, sixty-five acres and twelve rods,
be the same more or less : provided, however, that the inhabi-
tants and land thus set off, shall be holden to pay all taxes here-
tofore assessed, in the same manner as if this act had not been
passed : provided also, that, if any persons who have gained a
legal settlement in said town of Foxborough by a residence on
said territory, or by having been proprietors of any part thereof,
or who may derive such settlement from any such resident or
proprietor, shall come to want, and stand in need of relief and
support, they shall be relieved and supported by the said town
of Walpole, in the same manner as if they had gained a legal
settlement in that town : provided also, that, in case the inhabi-
tants of the town of Foxborough request it, the inhabitants of
the territory set off, shall be at the whole expense of removing
the school house in Foxborough, in the school district from
which the said territory is taken, to any other place within the
said district which the said inhabitants of Foxborough may,
within two years, designate.

Sect. 2. Be it further enacted. That a committee or com-
mittees shall be appointed by said towns to determine what pro-
portion of the state and county taxes, for which the town of Fox-
borough is or may be liable, shall be paid, by the town of Wal-
pole until the next State valuation ; and, in case said commit-
tee or committees shall not agree, then three disinterested per-

1833. Chap. 198—202. 399

sons shall be appointed for this purpose, by the court of common
pleas next to be holden at Dedham, within and for the county of
Norfolk, upon application therefor duly made. [March 27,
1833.] Add. act, 1834 ch. 138.

An Act to incorporate the Second Baptist Society in Lowell. i^tlCtp I Jij,

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 Chase, Samuel C. Oliver, and Moses M. Persons incor-
Tuxbury, their associates and successors, are hereby made a P"""^^^ •
corporation, by the name of the " Second Baptist Society in
Lowell," for the purpose of maintaining public worship and re-
ligious instruction in Lowell, with all the powers, privileges and Powers and pri-
iminunities to which religious societies are entitled, and also, all ^'^^^''*
the powers and requirements contained in "an act concerning 1833 ch. 83.
corporations," passed March the eighth, one thousand eight hun-
dred and thirty-three.

Sect. 2. Be it further enacted, That said corporation may Real and per-
acqnire and hold real and personal estate, the annual income of *°"^' estate,
which shall not exceed two thousand dollars, to be appropriated
exclusively to parochial purposes. And said proprietors may Shares, &c.
divide their estate into shares, the number of which shall not be
less than one hundred, nor more than two hundred, and may
make on said shares assessments, not exceeding one hundred
dollars on each share.

Sect. 3. Be it further enacted. That at all meetings of Right of voting,
said corporation, each proprietor shall be entitled to one vote for
each share owned by him : provided, that no proprietor shall be
entitled to more than fifteen votes, and absent proprietors may
vote by proxy in writing. [March 27, 1833.]

An Act to incorporate the Lowell Gas Light Company'. C/lftp202.

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 Davidson, Edward R. Olcoit, Wil- Persons incor-

,Y rr< -r-r J I i i • • I • porated.

liam T. Heydock, and then- associates, successors and assigns,
are hereby created a corporation, by the name of the Lowell
Gas Light Company, for the purpose of manufacturing and sell-
ing gas in the town of Lowell, with all the powers, and subject Powers and
to the requirements, in the fifty-third chapter of the statutes of|829ch.53.
one thousand eight hundred and twenty-nine.

Sect. 2. Be it further enacted. That the capital stock Capital stock
shall not exceed two hundred thousand dollars, and said corpora-
tion may possess real estate for the purpose aforesaid, not ex-
ceeding in value fifty thousand dollars.

Sect. 3. Be it further enacted, That if said company shall Conditions of
not, within two years from the passage of this act, have erected
their works, and shall not within that time be prepared to manu-
facture gas for the use of the inhabitants of Lowell, then this act
shall be null and void. [March 27, 1833.]

400

1833.-

■Chap. 203—205.

Chap203.

Persons incor-
porated.

Powers and du-
ties.

1829 ch. 53.

[Proviso repeal-
ed, 183G ch.
189.]

Real and per-
sonal estate.

Chap 20^.

Persons incor-
porated.

Personal estate.

Powers.
1833 ch. 83.

Chap205.

Persons incor-
porated.

Powers and
privileges.

1833 ch. 83.
Estate,

An Act to incorporate the Boston Book and Paper 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 Timothy Harrington Carter, Melvin Lord,
Nathaniel Greene, and Ferdinand Andrews, their associates,
successors and assigns, are hereby made a corporation, by the
name of the Bostcm Book and Paper Manufacturing Company,
for the purpose of manufacturing books in the city of Boston,
and paper in the town of Pepperell, in the county of Middlesex,
and for this purpose shall have all the powers and privileges, and
be subject to all the duties and requirements, prescribed 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 de-
fining the general powers and duties of manufacturing corporations:"

provided, however, that said company shall not print or publish any book ol less size
than duodecimo, nor an^ work in duodecimo; unless the same shall contain at least
two thousand printed pages.

Sect. 2. Be it further enacted, That said corporation may
lawfully hold and possess such real estate, not exceeding in value
fifty thousand dollars, and such personal estate not exceeding the
sum of fifty tliousand dollars, as may be necessary and convenient
for jhe purpose aforesaid. [March 27, 1833.] Add. act,
1836 ch. 189.

An Act to incorporate the Boston Academy of Music.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authorily of the same,
That William C. Woodbridge, George E. Head, Henry Ed-
wards, and William W. Stone, their associates, successors and
assigns, are hereby created a corporation, by the name of the
Boston Academy of Music, for the purpose of promoting educa-
tion in the science and practice of music ; with power to acquire
and hold personal estate, not exceeding in value twenty thousand
dollars, to be appropriated exclusively to the purpose aforesaid,
with the powers and requirements contained in "an act concern-
ing corporations," passed March eighth, one thousand eight hun-
dred and thirty-three. [March 27, 1833.]

An Act to incorporate the Second Baptist Society in Cambridge.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Enos Reed, Baxter Hall, and Thomas H. Bai-
ley, their associates and successors, are hereby made a corpora-
lion, by the name of the Second Baptist Society in Cambridge,
with all the powers and privileges to which religious societies are
entitled, and with the powers, and subject to the requirements,
contained in "an act concerning corporations," passed on the
eighth day of March, one thousand eight hundred and thirty-three.

Sect. 2. Be it further enacted. That said corporation may
hold and manage any estate necessary for the purposes aforesaid,
not exceeding in value the sum of twenty thousand dollars.
[March 27, 1833.]

1833. Chap. 207—211. 401

An Act in addition to " An Act to incorporate the Union Marine Insurance Compa- Chdn^Ol .
ny." in Boston. •«

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same, Time for paying
That the time within which the capital stock of the Union Ma- '" "^ap'tai stock

-r ^ . -11 iijj'j- extended one

rine insurance Company is required to be collected and paid in, year,
agreeably to the requisitions of the statutes of the year one thou-
sand eight hundred and thirty-two, chapter ninety-five, be, and
is hereby extended one year from the passing of this act.
[March 28, 1833.]

An Act to change the name of Charles Twining Tyler. Chnti'2.0S

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, Charles Twining Name changed.
Tyler, of Boston, in the county of Suffolk, is hereby authorized
to take the name of Royall Tyler. [March 28, 1833.]

An Act to incorporate the South Baptist Church in Boston. CJlOfV^ 1 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 Jacob Flinn, Samuel Hill, Nehemiah P. Mann, Persons incor-
and Solon Jenkins, with their associates and successors, are P°'^^^ •
hereby incorporated as a religious society in the city of Boston,
by the name of the South Baptist Church, with all the powers Powers,
and privileges, duties and liabilities, of other religious societies,
and those contained in "an act concerning corporations," passed 1833 ch. 83.
March eighth, A. D. 1833.

Sect. 2. Be it further enacted. That the present trustees Preseiit trustees
of the South Baptist Church, in said Boston, are hereby author- coivTy'^reaUs-
ized to release and convey to said corporation all the real estate tate.
now held by them in their capacity of trustees, by virtue of a
deed recorded in the registry of the county of Suffolk, in book
361, leaf 83. And the same estate shall vest upon such con-
veyance as an absolute estate and property in said corporation,
and thereupon said corporation shall be held to fulfil all contracts
entered into by said trustees on behalf of said church, and are
hereby empowered to manage, use, and dispose of the same es-
tate, according to the votes of the said body corporate, passed
at any legal meeting : provided, that all the interest and income Proviso,
of said funds shall be appropriated to religious purposes only.
[March 2S, 1833.]

An Act to preserve the Eel Fishery at Muskeeket Island, within the town of Nan- C/hct'p'2.\\ .

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That, from and after the first day of September next, No person to
it shall not be lawful for any person to take from the creeks, coves ^f^^ morethaii^
or harbors, on the island of Muskeeket, within the town of Nan- at'oneUme.^^
tucket, a greater number of eels, at one time, than three dozen,
without a permit from the major part of the selectmen of said
town. Every person offending as aforesaid shall forfeit and pay, Penalty.

VOL. VII. 51

402

1833.-

■Chap. 211— 212.

Seizure and de-
tention of boats.

Proviso.

Fishwardens.

Chap2l2,

Persons incor-
porated.

Powers.
1833 ch. 83.

Real estate.

for each and every additional dozen, so taken, the sum of fifty
cents.

Sect. 2. Be it further enacted, That if any hoat or craft
shall be found within the limits aforesaid, with any more eels on
board than this act allows to be taken, by permit from the select-
men aforesaid, it shall be the duty of such person or persons, as
shall be chosen by the said town of Nantucket to see to the exe-
cution of this law, to seize on such boat or craft, and detain the
same, not exceeding forty-eight hours, in order that the same be
attached or arrested, by due process of law, and made answera-
ble for said fines and forfeitures, with cost of suit : provided,
however, that as soon as the master or owner of such boat or craft
shall pay such fines and forfeitures to the treasurer, if he shall
pay the same before being sued, such boat or craft shall be dis-
charged with the effects therein.

Sect. 3. Be it further enacted, That the said town of Nan-
tucket are hereby authorized to choose annually such number of
fishwardens as they may judge necessary, who shall be sworn to
the faithful discharge of their duty, whose duty it shall be to pros-
ecute for all offences against this act ; and all fines and forfeitures,
that shall be incurred by virtue thereof, shall be one half to him
or them who shall sue for the same, and the other half to the use
of said town of Nantucket ; and the same shall be recovered,
with legal costs of suit, by an action of debt, in any court proper
to try the same. [March 28, 1833.]

An Act to incorporate the Mattapoisett Wharf Company.

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 Meigs, Gideon Barstow, Elijah
Willis and Ebenezer Cannon, with their associates, successors
and assigns, are hereby made a corporation, by the name of the
Mattapoisett Wharf Company, with the powers and requirements
contained in "an act concerning corporations," passed March
eighth, one thousand eight hundred and thirty-three ; and with
power to hold real and personal estate, in the manner and for the
purpose herein after mentioned, not exceeding in value fifty thou-
sand dollars, to be divided into shares of five hundred dollars
each.

Sect. 2. Be it further enacted. That said corporation may
receive conveyances of certain wharves situated in that part of
Rochester, in the county of Plymouth, known by the name of
Mattapoisett, and bounded as follows, namely ; beginning at a
stake in the line of Josiah Holmes, south three degrees east, one
hundred and sixty-four feet from the northwest corner of said
Holmes' store by the street ; thence extending from said stake
west, two hundred and fifty-three feet ; thence extending south
to the channel of the harbor ; thence extending easterly, by said
channel, to the line of said Josiah Holmes ; and thence extend-
ing north, three degrees west, to the first mentioned bound ; and
may hold, use, improve and extend the same, and may erect a

1833. Chap. 212—214. 403

marine railway thereon : provided, that nothing in this act shall Proviso,
interfere with the legal rights of any person or persons.

Sect. 3. Be it further enacted, That each member of said Right of voting,
corporation shall be entitled to as many voles as he has shares,
and may vote by proxy in writing : provided, that no member
shall be entitled to more than one quarter part of the wiiole num-
ber of votes. [Jlfarc/i28, 1833.]

An Act to incorporate the Mount Washington Association. C/A.OJ?213.

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 Henshaw, Hall J. How, John H. Bird, Persons incor-
George Brinley, their associates, successors and assigns, are P°''^'«'^-
hereby made a corporation, by the name of the Mount Washing-
ton Association, to be established in the city of Boston, for the
purpose of improving Mount Washington, with all the powers Powers,
and requirements contained in "an act concerning corporations," 1833 ch. 83.
passed the eighth of March, one thousand eight hundred and
thirty-three.

Sect. 2. Be it further enacted, That said corporation may Real estate,
hold and possess all or any part of a tract of land situated in
South Boston, called Mount Washington, bounded as follows :
commencing in Dorchester, on the land owned by John H. Bird, Boundaries,
and there running on a creek to Dorchester street, thence on
Dorchester street to Broadway, thence from Broadway to H
street, thence to low water mark, with all the privileges and ap-
purtenances, rights and easements therewith enjoyed : provided,
that the lawful owners of such estate shall convey the same to
said corporation : and provided, that the whole real estate of said Value of real
corporation shall not exceed in value five hundred thousand dol- e"tltr'^*°"^^
lars, and that the personal estate shall not exceed one hundred
thousand dollars ; and said corporation may construct dams, docks
and wharves, and manage and improve their corporate property,
and may sell, convey, or otherwise dispose of the same, conform-
ably to the provisions of their by-laws.

Sect. 3. Be it further enacted. That said corporation may, Numberof
at any legal meeting, agree upon the number of shares of their ^ems^'&cf*^'
corporate property, and may assess upon each share such sums
of money as may be necessary for the purposes contemplated in
this act, and may sell the share or shares of any delinquent pro-
prietor for the payment of assessments as the by-laws may direct :
provided, that all assessments shall be agreed upon by two thirds
at least in nun)ber and value of the proprietors present or repre-
sented at any meeting, notice thereof, and of the purpose, being
first given, ten days at least previously, in the manner prescribed
in the by-laws, and nothing in this act shall interfere with the
legal rights of any other person or persons. [March 28, 1833.]

An Act in addition to " An Act to incorporate the Commercial Iiixurar.ce Company." (JJld'n^l.W

BE it enacted by the Senate and House of Representatives, i83ich.4.
in General Court assembled, and by the authority of the same,
That the Commercial Insurance Company is hereby authorized Real estate. •

404

1833.-

Chap. 214—219.

Chap2]l.

Persons incor-
porated.

Powers.
1833 ch. 83.

Real and per-
sonal estate.

Assessments.

Chap2]S.

1832 ch. 117.

Repeal.

Chap2]9,

1827 ch. 127.
1832 ch. 170.

Toll continued,
&c.

Monies re-
ceived, to be
subject lo the
order of the
legislature, &c.

to bold real estate of any value, not exceeding in all sixty thou-
sand dollars, besides that conveyed in mortgage as collateral se-
curity. [March 28, 1833. ]

An Act to establish the Boston Seminary for Young Ladies.

Sect. 1 . BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, Tbat John L. Blake, Noah Brooks, and Edward H.
Robbins, their associates and successors, are hereby created a
corporation, by the name of the Boston Seminary for Young La-
dies, to be established in the city of Boston, with all the powers
and requirements contained in " an act concerning corporations,"
passed March eighth, one thousand eight hundred and thirty-
three ; and said corporation may hold real estate, not exceeding
seventy-five thousand dollars in value, and personal property, not
exceeding forty thousand dollars, to be devoted exclusively to the
purposes of education.

Sect. 2. Be it further enacted. That no assessment shall
be made upon the shares of said corporation beyond the amount
of one hundred dollars upon each share, and the shares of delin-
quent proprietors may be sold for assessments, in such manner as
may be provided in the by-laws of the corporation. [JVIarch 28,
1833.]

An Act to repeal an Act authorizing the Central Bridge Corporation to reduce and
compound their toils.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That " an act to authorize Central Bridge Corporation to reduce
and compound their tolls," passed March 10th, 1832, be, and
the same is hereby repealed : provided, however, that the propri-
etors of the Central Bridge shall be authorized to reduce the tolls
for passing said bridge to the same rates that may be taken at Pa-
tucket bridge. [March 28, \833.']

An Act concerning Warren Bridge.

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 toll now established by law for passing War-
ren Bridge across Charles river, be, and hereby is continued and
established until the last day of the first session of the next gen-
eral court ; and the governor, with the advice and consent of the
council, is hereby authorized to place toll-gatherers to collect and
receive said toll, and also to employ such other agents, and do
such other acts, relative to said bridge, and the collection and
receipt of the toll, as may be deemed advisable : provided, how-
ever, that all monies which may be received according to the pro-
visions of this act, shall be held by the treasurer of the Common-
wealth, subject to the order of the legislature, except such sum
as is provided by law to be paid by the proprietors of Warren
Bridge to Harvard University, which sum shall be paid by said
treasurer to said university upon warrant to be drawn by the gov-

1833. Chap. 219. 405

ernor, after possession of said bridge shall be taken, as is herein
after provided.

Sect. 2. Be it further enacted, That the by-laws, rules Present by-laws
and regulations, heretofore established by the proprietors of *° ''^ ''°"*'""^**"
Warren Bridge, and now in force, shall continue to be in force,
subject to such modifications as the governor with the advice
and consent of the council, shall see fit to make therein.

Sect. 3. Be it further enacted^ That the sheriff of the How possession
county of Suffolk, upon being thereto required by a warrant P*^ ^""j^^^ ^''^"
from the governor, shall deliver to any agent or agents of the
Commonwealth peaceable possession of said bridge.

Sect. 4. Be it further enacted^ That the governor be, Suit in the su-
and he hereby is authorized to assume in behalf of the Com- fhe "{^ s""*^^ ^^
monwealth, the defence of the suit at law, now pending against
the proprietors of Warren bridge, and others in the supreme
court of the United States, to employ counsel therein, and from
time to time, to draw his warrant upon the treasurer of the
Commonwealth for such sums of money as may be necessary
for that purpose, or to pay for the services of toll-gatherers and
agents to be employed as is herein provided, for necessary re-
pairs, and for such contingent expenses as may accrue in the
care of said bridge ; payment thereof to be made from the re-
ceipts of the toll of said bridge actually in the treasury.

Sect. 5. Be it further enacted, That the governor and Governor and
council, be, and they hereby are authorized to settle with the zed"io'set"ie""'
proprietors of the Warren bridge for the tolls heretofore receiv- with propri-
ed by the said proprietors, upon just and equitable principles, ^^°^^'
allowing to the said proprietors the expenses necessarily incur-
red by them in defending the suit now pending against them and
others, in favor of the proprietors of Charles river bridge, and
such other expenses as the proprietors of Warren bridge have
been by law authorized to incur.

Sect. 6. Be it further enacted, That if the proprietors of Supreme judi-
Warren bridge, upon being thereto required by the governor, ciai court au-
shall fail to present and settle their accounts according to the amine and de-
provisions of the next precedins; section of this act, the supreme ^ideupon pro-

r ,. . , '. >• ■ r 1 1 prietors' ac-

judicial court, upon the application oi the attorney general, counts.
(who is hereby required to appear before the said court in be-
half of the Commonwealth,) be, and they hereby are authorized,
after giving due notice to said proprietors, that they may be
heard thereon, to examine their accounts, and hear any evidence,
which may be adduced before them, concerning the same, or to
appoint auditors, if they shall see fit, for the examination of said
accounts, who shall make report to said court, and finally to de-
termine what sum, if any, the said proprietors shall have receiv-
ed above the sum necessary to reimburse the money by them
expended in and about the building of said bridge, and other ne-
cessarv expenses, authorized by law, to be by them incurred,
with five per cent, interest thereon ; and what sum, if any, the
Commonwealth is entitled to receive from said proprietors ; to

406

1833.-

-Chap. 219—220.

Proprietors
may give secu-
rity and retain
possession of
the bridge.

decree payment thereof, and to pass all necessary orders and
decrees, to enable the Commonwealth to obtain payment of
the same : provided, nevertheless, that, if the said proprietors
within thirty days from the passage of this act, shall give to the
treasurer of the Commonwealth good and sufficient security, to
be first approved by the governor, for the collection by them,
until the time fixed for the expiration of this act, of the tolls by
law established for passing Warren bridge, and for the payment,
when thereto required by the governor, of all suins of money
which shall have been received by them, beyond the amount
authorized to be received and retained by the said proprietors
by the statute of eighteen hundred and twenty-seven, chapter
one hundred and twenty-seven, for suitable care of said bridge,
and for the subsequent delivery on demand, to any officer au-
thorized by the general court to receive the same, peaceable
possession of the said bridge, the third and fourth sections of
this act, and so much of the first section thereof as relates to
the collection of toll, and so much of the sixth section there-
of as relates to the settlement of the accounts of said proprie-
tors, by the supreme judicial court, shall not take effect.

Sect. 7. Be it further enacted, That in case the said
proprietors of Warren bridge shall retain possession of the said
bridge, pursuant to the provision made therefor in the sixth sec-
tion of this act, the expenses to be incurred by them shall not
exceed the sum of three thousand dollars, unless the governor,
with the consent of the council, shall authoiize such excess.

Sect. 8. Be it further enacted, That if, after a settlement
shall be had of the accounts of the said proprietors of War-
ren bridge with the Commonwealth, either in the supreme ju-
dicial court, or otherwise, any outstanding claims shall be pre-
sented against the said proprietors, the governor with the con-
sent of the council, is hereby authorized, upon ascertaining the
same to be justly due, to draw his warrant upon the treasurer of
the Commonwealth for the payment thereof, [jyjarch 28, 1833.]
Add. acts, 1834 ch. 131 : 1835 ch. 155. See Res. Apr. 16,
1836.

An Act relating' to Highways in the Plantation of Marshpee.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Overseers to the samc, That it shall be the duty of the overseers of the plan-
keep highways [gtion of Marslipee, in the county of Barnstable, to keep in re-
'" """'"' pair, at the expense of said plantation, the following highways

therein, to wit : the highway leading from the village of Cotuit
to Sandwich, by the dwelling-house of Thomas Goodspeed, and
the highway leading from said Cotuit to Falmouth, by the dwel-
ling-house of Ansel Crocker, and the highway branching from
the one, last aforesaid, at Marshpee river, and leading thence to
the village of Waquoit, except such parts of the highways afore-
said as pass over the lands of white persons ; and for neglect
thereof, they shall be liable to be prosecuted by indictment :
provided, that no such indictment shall be sustained unless the

Limitation of
expenses.

Outstanding
claims.

Chap220.

in repair.

Liabilit}' for
negligence.

1833. Chap. 220—221. 407

person making complaint to the grand jury, shall, after the
court then next preceding, and one month at least before the
sitting of the court at which the complaint is made, have given
to said overseers, or some one of them, notice in writing of the
place and nature of the defect complained of.

Sect. 2. Be it further enacted^ That all fines imposed by Fines, how ap-
the court for any neglect of the duty required by this act, shall be P'^°P"^^^'^> *'<=•
appropriated for the repair of the highways complained of, and
shall be collected of said overseers, and laid out by an agent ap-
pointed by the court, as in case of fines imposed on towns for
like neglect, and all fines and costs paid by said overseers may
be charged in their accounts with said plantation. [J\Iarch 28,
1833.] See 1834 ch. 166.

An Act to establish the Atlas Bank. r^hn'n^^\

Sect. 1. BE it enacted by the Senate and House of Repre- " "

sentatives, in General Court assembled, and by the authority of
the same, That Robert Edes, James Harris, Benjamin A. Gould, persons incor-
Richard Fletcher and Bradford Lincoln, Jr., their associates, porated.
successors and assigns, are hereby created a corporation by the
name of the President, Directors and Company of the Atlas
Bank, to be established in Boston, and shall so continue until the
first day of October, in the year of our Lord one thousand eight
hundred and fifty-one, and shall be entitled to all the powers Powers and du-
and privileges, and subject to all the liabilities and requirements *'^*'
contained in the act of one thousand eight hundred and twenty- 1828 ch. 96.
eight, chapter ninety-six, the act of one thousand eight hundred .„„„ , .g
and thirty, chapter fifty-eight, and the second section of "an 1333 ch. 83.
act concerning corporations," passed March eighth, one thou-
sand eight hundred and thirty-three.

Sect. 2. Be it further enacted, That the stock of said JiZk!""^
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. Beit further enacted, That the capital stock of Capital stock,
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, the whole be paid in, within one year from the [Time extend-
passing of this act. [March 28, 1833.J Add. act, 1834 ch edi83t ch.47.]
47.

408

1834.-

-Chap. 1—5.

Chap. 1.

1830 ch. 4. 79.
1832 ch. 87.

Number of
shares in-
creased.

Time for com-
pleting road
extended two
years.

Ctiap. 3.

Chap. 4.

Persons incor-
porated.

Powers and du-
ties.

1829 ch. 53.

Real and per-
sonal estate.

Chap. 5.

Persons incor-
porated.

Powers.
1833 ch. 83.

An Act in further addition to an Act to establish the Boston and Lowell Rail-road Cor-
poration.

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-
poration shall consist of twenty-four hundred shares, instead of
twelve hundred, as is provided by an act in addition to an act to
establish the Boston and Lowell Rail-road Corporation, passed
and approved the eleventh day of March, A. D. eighteen hun-
dred and thirty-one. And the further term of two years is here-
by allowed to said corporation, for the purpose of completing the
said rail-road, in addition to the time granted by the thirteenth
section of the act incorporating said Boston and Lowell Rail-
road Corporation. [Jan. 31, 1834.] Add. act, 1836 ch. 146.

An Act to confirm the location of Zeno Killey's Wharf.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That Zeno Killey be, and he hereby is authorized and allowed to
continue and maintain a wharf erected by him in the Bass river,
in the south part of Yartnouth, and extending into the channel of
said river, not exceeding twenty feet. [Jan. 31, 1834.]

An Act to incorporate the Boston Chemical Printing 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 Lemuel Blake, Henry Bowen, and Jonathan
Dorr, their associates and successors, are hereby constituted a
body corporate, by the name of " The Boston Chemical Print-
ing Company," for the purpose of carrying on the business of
printing cotton, linen, and other fabrics, on types and stereotype
plates, in the city of Boston, and for this purpose shall have all
the powers and privileges, and be subject to all the duties and
requirements, contained in the fifty-third chapter of the statutes
of the year one thousand eight hundred and twenty-nine, entitled
" an act defining the general powers and duties of manufacturing
corporations."

Sect. 2. Be it further enacted. That the said corporation
may be seized and possessed of such real estate in the city of
Boston, not exceeding twenty thousand dollars in value, and of
such persona] estate, not exceeding one hundred thousand dollars
in value, as may be necessary and convenient for carrying on
the business aforesaid. [^Jan. 31, 1834.]

An Act to incorporate the Fuller Academy.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same^
That Joel Fuller, Seth Davis, Lemuel Crehore, and Nathaniel
Fuller, their associates and successors, are hereby incorporated
as Trustees of the Fuller Academy, to be established in the town
of Newton, in the county of Middlesex, wi;h the powers and re-
quirements contained in the statute of one thousand eight hundred
and thirty-three, chapter eighty-third ; with power to hold real

1834 Chap. 5—7. 409

and personal estate, not exceeding in value the sum of twenty Real and per-
thousand dollars, to be devoted exclusively to the purposes of ^°"*' estate.
education. [Jan. 31, 1834.]

An Act in addition to an Act to incorporate the Roxbury India Rubber Factory. f^hnrt fi

BE it enacted by the Senate and House of Representatives, 1833 ch. 23.
in General Court assembled, and by the authority of the same,
That the Roxbury India Rubber Factory are hereby authorized Real and per-
to take and hold real estate necessary for the purpose of prosecu- ^°°^' estate,
ting the business of said corporation, to an amount not exceeding [increased,
eighty thousand dollars in value, and personal estate to an amount 1^35 ch. 26.]
not exceeding one hundred and sixty thousand dollars in value,
the limitation in the act to which this act is in addition, to the
contrary notwithstanding. [Jan. 31, 1834.] Add. act, 1835
ch. 26.

An Act to establish a Fire Department in the town of New Bedford. f^hnti 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 the inhabitants of New Bedford, qualified to Numberof fire-
vote in town affairs, at their annual meeting for the choice of town ^a'"^^-
officers, shall choose, by ballot, a number of citizens, not exceed-
ing twenty, for firewards, who shall hold their offices until others
are chosen and organized in their stead, and shall have all the
powers, perform all the duties, and be liable to all the penalties
which are given to and required of firewards generally, by the
Jaws of this Commonwealth.

Sect. 2. Be it further enacted, That said firewards so Timeoforgani-
chosen, shall, within three days after their acceptance of the trust, nation,
meet at some convenient place in said town, and organize them-
selves into a board, by choosing a chairman. It shall be the duty
of the town clerk of said town, to appoint a time and place for
the first meeting of said firewards, to notify them thereof, and, if
required by their chairman, to perform the same service at all
succeeding meetings. Said town clerk shall preside at the elec- Town clerk to
tion of chairman, shall be clerk of the board, shall record all their ^1^^^'^°^^^^
proceedings in a book kept for that purpose, and shall receive for
his services such compensation as the board of firewards shall de-
termine.

Sect. 3. Be it further enacted, That said board of firewards Powers and du-
be, and they are hereby authorized and required to exercise all of firew^ds°^'^*^
the powers, and perform all the duties relative to the appoint-
ment of engine men, which the selectmen of said town have here-
tofore been authorized and required to exercise and perform ; and
all appointments made by said board of firewards pursuant to this
act, shall subject the persons so appointed, to the same duties,
and entitle them to the same privileges and exemptions, as en-
gine men are by law entitled to, when appointed by selectmen :
provided, however, that they shall not be exempted from military
duty, unless, within ten days after their appointment, and annually
in the month of April, they shall produce to the commanding
officer of the company, within whose limits they reside, certifi-

voL. VII. 52

410

1834.-

■Chap. 7.

Board of fire-
wards author-
ized to appoint
engine men and
engineers.

Organization,
rules and regu-
lations of the
companies.

Proviso.

Board of fire-
wards to have
the superintend-
ence of the pub-
lic engines, &c.

[Allowed to ex-
pend additional
sum, 1835 ch.l.]

Board of fire-
wards to estab-
lish rules and
ordinances; &c.

cates of their appointments from the said board of firewards,
signed by their chairman.

Sect. 4. Be it further enacted, That the said board of
firewards be, and they are hereby authorized and empowered to
appoint such a number of men to the engines, hose, hook and
ladder carriages, and to constitute a company for securing prop-
erty endangered by fire, to be called a fire company, as they
shall deem expedient : provided, that the number of men appoint-
ed to each engine with suction hose, shall not exceed one hun-
dred ; to each engine without suction hose, fifty men ; to each
hook and ladder carriage, forty men ; and for a fire company,
fifty men. They are also authorized and empowered to appoint
three men, as engineers, who shall exercise such supervising
control and authority relative to the operations for extinguishing
fires, and to the inspection and preservation of the fire apparatus
belonging to said town, as the board of firewards may, from time
to time, delegate to them ; and the said engine, hose, hook and
ladder carriage men, and the fire company, are authorized to or-
ganize themselves into distinct companies, to elect captains,
clerks, and other necessary officers, to establish such rules and
regulations as may be approved by the board of firewards, to
annex penalties to the breach of the same, which may be sued
for, and recovered by the clerk of any company so organized,
before any court of competent jurisdiction, and shall be appro-
priated to the use of such company : provided, that no penalty
shall exceed the sum of ten dollars ; aiid provided further, that
such rules and regulations be not repugnant to the constitution
and laws of the Commonwealth.

Sect. 5. Be it further enacted, That the said board of fire-
wards shall have the care and superintendence of the public
engines, hose, fire hooks, and ladder carriages and ladders, to-
gether with the buildings, fixtures and appendages thereto belong-
ing, and all other apparatus owned by said town of New Bed-
ford, and used for extinguishing fires, and shall cause the same
to be kept in repair, and when worn out, to be replaced, and
from time to time to make such alterations therein, and additions
thereto, as they shall deem necessary : provided, such alterations,
additions or repairs shall not exceed, in any one year, three hun-
dred dollars, unless said town of New Bedford shall have author-
ized a larger appropriation.

Sect. 6. Be it further enacted. That the said board of
firewards, at any meeting called as herein provided, may estab-
lish such rules and ordinances as they may judge proper, to pro-
hibit, or regulate the carrying of fire, fire brands, lighted matches,
or any other ignited materials, openly in the streets and thorough-
fares of said town, or in such parts thereof as they may designate,
and to prohibit any owners or occupants of any building within
said town, or such parts thereof as said board may designate,
from erecting or maintaining any defective ctiimney, hearth, oven,
stove or stove pipe, fire frame, or other fixture, deposite of
ashes, or any mixture, or other material which may produce

1834. Chap. 7—8. 411

spontaneous combustion, or whatever else may give just cause of
alarm, and may be the means of kindling or spreading fire : pro- Proviso.
vided, such rules and ordinances shall not be repugnant to the
constitution and laws of the Commonwealth, and shall not be
binding until the same shall have been approved by the inhabi-
tants of said town, in legal meeting held for that purpose, and
pubHshed in some newspaper printed in New Bedford. And Penalties,
the said board of firewards may annex suitable penalties to the
breaches of any of said rules and ordinances, not exceeding
twenty dollars for any one breach thereof. And the same may
be prosecuted for, and recovered by the town clerk of said town,
in his own name, before any court of competent jurisdiction.
And all penalties so recovered shall be appropriated by said
board to tlie improvement of the fire apparatus of said town.

Sect. 7. Be it further enacted, That all former laws incon- Act, when to
sistent with the provisions of this act, shall be repealed, and this '* ® ® ®'=*-
act shall take effect, so soon as said town, at any meeting legally
called for that purpose, shall accept the same ; at which meeting
the firewards shall be elected, as herein prescribed, who shall
hold their offices until others are chosen and organized at the
annual meeting for the choice of town officers, for the year of
our Lord eighteen hundred and thirty-five, any thing in this act
to the contrary notwithstanding ; but vacancies in said board may
be filled at any legal meeting called for that purpose. [Jan. 31,
1834.] Add. act, 1835 ch. 1.

An Act to incorporate the Duxbury Fire and Marine Insurance Company. L/llCip, O.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Ezra Weston, Charles Drew, Gershom B. Persons incor-
Weston, their associates, successors and assigns, are hereby in- P"""^®
corporated by the name of the Duxbury Fire and Marine In-
surance Company, to be located in the town of Duxbury, for
the purpose of making loans and insurance against fire and mari-
time losses, in the customary manner, with all the privileges, and Powers and
subject to all the duties and obligations, contained in the one
hundred and twentieth chapter of the statutes 6f the year eighteen I8i7ch, 120.
hundred and seventeen, and the ninety-fifth chapter of the stat- 1832 ch. 95.
utes of the year eighteen hundred and thirty-two, for and during
the term of twenty years from and after the passing of this act.

Sect. 2. Be it further enacted. That the capital stock of Capital stock,
said company shall be seventy-five thousand dollars, and shall be
divided into shares of one hundred dollars each, and shall be
collected and paid in, in such instalments, and under such pro-
visions and penalties, as the president and directors of said com-
pany shall order and appoint ; and they may purchase, hold and Real estate,
convey any estate, real or personal, for the use of said company :
provided, the real estate shall not exceed the value of seven
thousand dollars, excepting such as may be taken for debt, or
held as collateral security for money due to said company. [Feb.
3, 1834.]

412

1834.-

■Chap. 9—13.

Chap. 9.

1823 ch. 86.

1824 ch. 72.
1829 ch. 28.

Capital stock
recluced.

An Act to authorize the Globe Fire and Marine Insurance Company to reduce the
amount of their capital stock.

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 Globe Fire and Marine Insurance
Company shall be two hundred thousand dollars, exclusive of
premium notes and profits arising from business, any thing in their
act of incorporation to the contrary notwithstanding. [Feb. 3,
1834.]

f^hnn 1 1 ^^ ^^"^ '° ^*^'^'^'"" '** '■'A.n Act to incorporate the Dartmouth Bridge Company."

1827 ch. 54. BE it enacted by the Senate and House of Representatives,

1833 ch. 78. ill General Court assembled, and by the authority of the same.
Time extended That a further time of one year from and after the eighth day of
for completing February, eighteen hundred and thirty-four, be allowed the Dart-
mouth Bridge Company, to complete the bridge which they are
authorized to build by an act entitled " an act to incorporate the
Dartmouth Bridge Company." [Feb. 4, 1834.] Add. act,
1835 ch. 5.

bridge.

Chap. 12.

Persons incor-
porated.

Powers and du-
ties.

1829 ch. 53.

Real and per-
sonal estate.

Chap. 13.

Persons incor-
porated.

Powers and du-
ties.

1829 ch. 63.

An Act to incorporate the Proprietors of the Norfolk Laboratory.

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 H. Blake, James H. Haven, and Otis Ev-
erett, Jr., together with such other persons as may become asso-
ciates with them, their successors and assigns, are hereby cre-
ated a body corporate, by the name of the Proprietors of the
Norfolk Laboratory, for the purpose of manufacturing chemical
preparations, at Roxbury, in the county of Norfolk, and for this
purpose shall have all the powers and privileges, and be subject
to all the duties and requirements, contained in an act passed on
the 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
take and hold such real estate, not exceeding in value the sum
of twenty thousand dollars, and such personal estate, not exceed-
ing in value the sum of thirty thousand dollars, as may be suitable
and convenient for carrying on the manufacture aforesaid. [Feb.
12, 834.]

An Act to incorporate the Davisville 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 Phinehas Davis, Isaac Davis, and Joseph Davis,
their associates, successors and assigns, be, and they are hereby
made a corporation by the name of the Davisville Manufacturing
Company, for the purpose of manufacturing cotton, and the ma-
chinery therefor, in the town of Northborough, in the county of
Worcester, and for these purposes shall have all the powers'
and privileges, and be subject to all the dutres and requirements,
contained in " an act defining the general powers and duties of
manufacturing corporations," passed the twenty-third day of Feb-

1834. Chap. 13—16. 413

ruary, in the year of our Lord one thousand eight hundred and
thirty.

Sect. 2. Be it further enacted, That said corporation may Real and per-
be lawfully seized and possessed of such real estate, not exceed- ^°"^^ estate,
ing the value of thirty thousand dollars, and such personal estate,
not exceeding the value of sixty thousand dollars, as may be ne-
cessary and convenient for the purpose aforesaid. [Feb. 12,
1834.]

An Act to change the name of Troy to Fall River. f~^hn7i 1 A

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 passage of this act, the name of the town Change of
of Troy, in the county of Bristol, shall cease, and the said town "^'"®-
shall hereafter be called and known by the name of Fall River,
and by this name shall be entitled to all the rights and privileges,
and subject to all the duties and obligations to which it would
have been entitled and subject, if the name had not been changed
as aforesaid. [Feb. 12, 1834.']

An Act conferring certain special powers upon the County Commissioners of the coun- f^hnn 1 (^
tyofHampshirl. i i^ t- ^fiap. lO.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That the county commissioners for the county of Hampshire, Commissioners
be, and they hereby are authorized, if they see fit, on application makeaHotmice
to them made by the selectmen of the town of Cummington, in from the county
said county, to order and direct that a sum not exceeding one |own"o7cum-^
half of the whole expense incurred by said town, in making an mington.
alteration in the county road, near John Ford's Factory, in said
town, together with a like proportion of the expense of erecting
a bridge over the Westfield river, on that part of the road so al-
tered, all which expenses were incurred by said town in the
months of October and November last, shall be paid to said town
out of the treasury of said county ; and that the said commission-
ers shall be, and hereby are authorized to view, accept and es-
tablish said road and bridge, in the same manner as if they had
been constructed under authority of an order from them obtained
by a petition in manner and form as prescribed by the statute.
[Feb. 12, 1834.]

An Act to increase the number of Engine men, in the town of Salem. f^hfin 1 fi

BE it enacted by the Senate and House of Representatives, i827 ch! 13.
in General Court assembled, and by the authority of the same.

That the firewards of the town of Salem be, and they hereby are Firewards may

authorized, if they shall iudee it expedient, to nominate and an- increase the

i*^/. -'. ^ .',,.. , ' number of en-

point any number ol engme men, m addition to the number now ginemen.
authorized by law, not exceeding in the whole, sixty men for
each and every engine in said town. \_Feb. 17, 1834.]

414

1834.-

■Chap. 17—19.

Chap. 17.

Persons incor-
porated.

Powers and pri'
vileges.

Estate.

Chap. 18.

Persons incor-
porated.

Powers and
duties.

1817 eh. 120.
1832 ch. 95.

Capital stock.

Real estate.

Limitation of
risks.

Chap. 19.

Persons incor-
porated.

An Act to incorporate the First Liberal Congregational Society in West Boylslon.

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 Smith, Ezekiel Pierce, and Charles Nash,
their associates and successors, are hereby made a corporation,
by the name of the First Liberal Congregational Society in
West Boylston, with all the powers and privileges, and subject
to all the duties and liabilities by law incident to religious societies
legally established in this Commonwealth.

Sect. 2. Be it further enacted. That said corporation may
hold and manage any estate necessary for the purposes aforesaid,
the annual income of which shall not exceed two thousand dol-
lars. [Feb. 21, 1834.]

An Act to incorporate the Hingham, Cohasset and Scituate Fire and Marine Insur-
ance 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 Whittemore, David Whiton, Lu-
ther J. Barnes, Henry Nye, Isaac Barnes, their associates, suc-
cessors and assigns, are hereby incorporated by the name of the
Hingham, Cohasset and Scituate Fire and Marine Insurance
Company, to be established in the town of Hingham, for the pur-
pose of making loans and insurance against fire and maritime los-
ses in the customary manner, with all the privileges, and subject
to all the duties and obligations contained in the one hundred and
twentieth chapter of the statutes of the year eighteen hundred and
seventeen, and the ninety-fifth chapter of the statutes of the year
eighteen hundred and thirty-two, for and during the term of twenty
years from and after the passing of this act.

Sect. 2. Beit further enacted. That the capital stock of said
company shall be fifty thousand dollars, and shall be divided into
shares of fifty dollars each, and shall be collected and paijd in, in
such instalments, and under such provisions and penalties, as the
president and directors of said company shall order and appoint;
and they may purchase, hold and convey any estate, real or per-
sonal, for the use of said conipany : provided, the real estate
shall not exceed the value of five thousand dollars, excepting such
as may be taken for debt, or held as collateral security for money
due to said company.

Sect. 3. Be it further enacted, That said company shall at
no time take any one risk by way of policy of insurance, mari-
time loan, or otherwise, to a greater amount than seven per cent,
on their capital slock actually paid in. [Feb. 21, 1834.]

An Act to incorporate the Congregational Society in Egremont.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
tlie same. That Andrew Bacon, Chester Goodale, Jr., Levi
Hare, Wilber Curtis and Nathan Benjamin, their associates and
successors, are hereby made a corporation, by the name of the

1834. Chap. 19—22. 415

Congregational Society in Egreniont, with all the powers and Powers and
privileges, and subject to all the duties and liabilities, by law in- P'''^''«se*-
cident to religious societies in this Comnmnweahh.

Sect. 2. Be it further enacted, That said corporation may Estate,
hold and manage any estate necessary for the purposes aforesaid,
not exceeding in value the sum of ten thousand dollars. [Feb.
21, 1834.]

An Act to incorporate the First Baptist Society in Andover. Chfin '^O

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 Reuben Frye, Jeremiah Goldsmith, Benjamin persons incor-
Abbot, Jr., and Stephen Lovejoy, their associates and succes- porated,
sors, are hereby made a corporation, by jhe name of the First
Baptist Society in Andover, with all the powers and privileges,
and subject to all the duties and liabilities, by law incident to
religious societies legally established in this Commonwealth.

Sect. 2. Be it further enacted, That said corporation have Estate.
power to hold and manage any estate, the annual income of which,
exclusive of their meeting-house, shall not exceed three thousand
dollars. [Feb. 21, 1834.]

An Act authorizing- Andrew Robeson to construct a Wharf in the town of Fall River, y-^j cy t

BE it enacted by the Senate and House of Representatives, in ■^'

General Court assembled, and by the authority of the same,
That Andrew Robeson, of New Bedford, is hereby authorized a. Robeson au-
to build a wharf in Mount Hope Bay, or Taunton Great River, thonzed to build
in the town of Fall River, below low water mark, adjoining his
land, not to exceed four hundred feet into the channel of said
bay or river, in a westerly and northerly direction, as wide as the
abutments now there erected, (over the remains of an ancient
wharf,) and extending at right angles from the general course of
the shore.

And said Robeson is hereby allowed the exclusive use of suf-
ficient water for the accommodation and occupation of said wharf,
or any part thereof, when so constructed : provided, the erection proviso,
and improvement of said wharf shall in no wise injure the rights
or property of any other person or persons whatever. [Feb. 21,
1834.]

An Act to incorporate " the Federal Street Baptist Society'," in the city of Boston. f^Itnft 99

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That Heman Lincoln, Richard Fletcher and Josiah Marshall, Persons incor-
with their associates and successors, are hereby made a corpora- P°'"^^^'*-
tion, by the name of " the Federal Street Baptist Society," with
all the powers and privileges to which parishes and other religious
societies are, or shall be entitled by the constitution and laws of
this Commonwealth. [Fe6. 21, 1834.]

416

1834.-

-Chap. 23—26.

Chap. 23.

1781 ch. 13.
(v. l.p. 20.)
1794 ch. 11.
(v. 1. p. 530.)
Notice for
choice of offi-
cers, &c.

Chap. 24.

Persons incor-
porated.

Estate.

Chap. 25.

Persons incor-
porated.

Estate.

Chap. 26.

Persons inc< r-
porated.

Powers and du-
ties.

1817 ch. 120.
1832 ch. 95.

An Act in addition to an Act for incorporating the Proprietors of the Tabernacle
Church in Salem.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That a notice posted at the place, and in the manner, prescribed
in the act to which this is in addition, seven days before any
meeting of said proprietors, for the choice of officers, or the
transaction of business, shall be taken and deemed to be a legal
and sufficient notice for such meeting, any thing in the act to
which this is in addition, to the contrary notwithstanding. [Fe6.
21, 1834.]

An Act to incorporate the First Unitarian Congregational Society in Boylston.

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 Baxter Wood, David Kendall, and Eli B.
Lanison, their associates and successors, are hereby made a cor-
poration, by the name of the First Unitarian Congregational
Society in Boylston, with all the powers and privileges, and
subject to all the duties and liabilities, by law incident to religious
societies, legally established in this Commonwealth.

Sect. 2. Be it further enacted, That said corporation may
hold and manage any estate necessary for the purposes aforesaid,
the annual income of which shall not exceed two thousand dol-
lars. [Feb. 21, 1834.]

An Act to incorporate the Village Baptist Society in Filchburg.

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 Crocker, Samuel A. Wheeler, Phinehas
A. Crocker, their associates and successors, are hereby made a
corporation, by the name of the Village Baptist Society in Fitch-
burg, with all the powers and privileges, and subject to all the
duties and liabilities, by law incident to religious societies, legally
established in this Commonwealth.

Sect. 2. Be it further enacted. That said corporation may
hold and manage any estate necessary for the purposes aforesaid,
not exceeding in value the sum of ten thousand dollars. \_Feb.
21, 1834.]

An Act to incorporate the Fall River 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 John Eddy, Harvey Chace, John S. Cotton,
Nathaniel B. Borden, and Samuel Chace, their associates, suc-
cessors and assigns, are hereby incorporated, by the name of the
Fall River Fire and Marine Insurance Company, to be estab-
lished in the village of Fall River, in the county of Bristol, for
the purpose of making loans and insurance against fire and mari-
time losses, in the customary manner, with all the privileges, and
subject to all the duties and obligations, contained in the one
hundred and twentieth chapter of the statutes of the year eighteen
hundred and seventeen, and the ninety-fifth chapter of the statutes

1834. Chap. 26—28. 417

of the year eighteen hundred and thirty-two, for and during the
term of twenty years from and after the passing of this act.

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, and shall be
collected and paid in, in such instalments, and under such pro-
visions and penalties, as the president and directors of said com-
pany shall order and appoint ; and they may purchase, hold and Real estate,
convey any estate, real or personal, for the use of said company :
provided^ the real estate shall not exceed the value of twenty
thousand dollars, excepting such as may be taken for debt, or
held as collateral security for money due to said company. [JFe6.
21, 1834.]

All Act to incorporate the Boston Society of Artists. CyhttV. 2T.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That Abel Bowen, Alexander Parris, and Jerome V.C. Smith, Persons incor-
their associates, successors and assigns, be, and they are hereby P'^^^'cd,
made a corporation, by the name of the Boston Society of
Artists, for the purpose of encouraging the introduction and ex-
tension of new and useful improvements, inventions or discove-
ries in the arts and sciences, mechanics and manufactures, by
premiums, exiiibitions and otherwise, and for the purpose of
relieving distressed artists and mechanicians, and their families.
And said corporation may hold and manage real estate, not ex- Real and per-
ceeding in value fifty thousand dollars, and personal estate not sonal estate,
exceeding a like sum, for the purposes aforesaid. [^Feb. 24,
1834.]

An Act to incorporate the Mariand Manufacturing Company. (yhctp. 28.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Abraham Mariand, Benjamin H. Punchard, and Persons incor-
John Mariand, their associates, successors and assigns, are here- P*""*^^ •
by made a corporation, by the name of the Mariand Manufac-
turing Company, for the purpose of manufacturing woollen and
cotton goods in the town of Andover, in the county of Essex ;
with all the powers and privileges, and subject to all the duties Powers and
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 the said corporation Real and per-
may take and hold such real estate, not exceeding in value the *°"^' ^s'^'®-
sum of forty thousand dollars, and such personal estate, not ex-
ceeding in value the sum of sixty thousand dollars, as may be
suitable and convenient for carrying on the manufactures afore-
said. [Feb. 24, 1834.]

VOL. VII. 53

41B

1834.-

■Chap. 30—32.

Chap. 30.

Persons incor-
porated.

Estate.

Chap. 31,

Persons incor-
porated.

Powers and
duties.

1829 ch. 53.

Real and per-
sonal estate.

Chap. 32.

Persons incor-
porated.

Powers and
duties.

1829 ch. 53.

Real and per-
sonal estate.

Au Act to incorporate the Female Auxiliarj' Bible Societj' of Boston and vicinity.

Sect. 1. BE it enncced by the Senate and House of Repre-
sentatives^ in General Court assembled, and by the authority of
the same^ That Anne Parker, Hannah Lloyd, and Mary Erving,
their associates and successors, are hereby incorporated, for the
purpose of distributing the bible, by the name of the Female
Auxiliary Bible Society of Boston and vicinity.

Sect. 2. Be it further enacted, That said corporation may
hold and manage any estate necessary for the purposes aforesaid,
not exceeding in value forty thousand dollars. \^Feb. 24, 1834.]

An Act to incorporate the Ames 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 Nathan P. Ames, James T. Ames, Edmund
Dwight and James K. Mills, their associates, successors and
assigns, are hereby made a corporation, by the name of the Ames
Manufacturing Company, for the purpose of manufacturing hard-
ware, cutlery, and other articles in that line, in the town of
Springfield, in the county of Hampden, and for those purposes
shall have all the powers and privileges, and be subject to all the
duties and requiretnents, 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 said corporation may
be seized and possessed of such real estate, not exceeding the
value of forty thousand dollars, and such personal estate, not ex-
ceeding the value of sixty thousand dollars, as may be necessary
and convenient for the purposes aforesaid. [Feb. 24, 1834.]

An Act to incorporate the Dresser 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 Harvey Dresser, Samuel Stafford, Jerry Mer-
ritt, Benjamin W. Kimball, their associates, successors and as-
signs, are hereby made a corporation, by the name of the Dresser
Manufacturing Company, for the purpose of manufacturing cot-
ton, in the town of Soiithbridge, in the county of Worcester, and
for that pmpose shall have all the powers and privileges, and
shall 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 Feb-
ruary, 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 in value seventy-five thousand dollars, and such personal
estate, not exceeding in value one hundred and fifty thousand
dollars, as may be necessary and convenrent for the purpose
aforesaid. [Feb. 24, 1834.]

1834. Chap. 33. 419

An Act to establish a Police Court in the town of New Bedford. C^hftTt SS

Sect. 1. BK it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, Tliat tliere is l)ereby established, within and for the pdice court
town of New Bedford, in the counry of Bristol, a police court, es'ab'ished

r. , 111 11- I wiihm and for

to consist oi one learned, able and discreet person, to be ap- the town of
pointed by the governor and council, pursuant to the constitution, New Bedford,
to take cognizance of all crimes, offences and misdemeanors com-
mitted in the town of New Bedford, whereof justices of the peace
may now, or hereafter, legally take cognizance ; the said justice
to hold his office for the same time, and by the like tenure as
justices of the peace : and 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, and
consistent with such powers and authority. And said court shall Jurisdiction,
also have original jurisdiction of all civil suits and actions of which
justices of the peace in said county may or shall have cognizance,
in concurrence with said justices, and original and exclusive juris-
diction of such suits and actions wherein the plaintiff and defend-
ant reside in said town of New Bedford, and service of the writ
is had on the defendant in the county of Bristol, and no justice
of the peace shall have cognizance thereof within said town. An
appeal shall be allowed from all orders, decrees 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
attorney or of counsel to any party in any matter or thing what-
soever, which may be pending in said court.

Sect. 2. Be it further enacted, That all writs and war- All writs, &c.,
rants issued by said court, or by any justice of the peace within P]*''^ ^^'"'■"^."
said town of New Bedford, in all matters or cases whereof said court,
court has by this act exclusive jurisdiction, shall be made return-
able and shall be returned before said court ; and if any writ or
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 to said justices, unless it shall appear, on ex-
amination or hearing before said court, that there was just and
reasonable cause for his issuing said writ or warrant ; in which
case, such fees, costs and charges shall be allowed and taxed in
like manner as if such wiit or warrant had been issued by said
justice of the peace, according to the laws now in force.

Sect. 3. Be it further enacted, That said justice be, and Justice author-
he is hereby authorized, when he shall deem it advisable, to "^^fj° commit
commit all persons being inhabitants of said town of New Bed- house?* °^°^ '
ford, and convicted by said court of offences described in the se-
cond section of the statute of one thousand seven hundred and
eighty-seven, chapter fifty-four, to the work-house in said New 1787 ch. 54.
Bedford, instead of the house of correction, as is now requir-
ed, and for the same time that they may be committed to the

420 1834. Chap. 33.

house of correction, to be kept and governed in said work-house,
according to the rules and regulations which are, or may be le-
gally established for the government of said house, and at the
Dartmouth and expense of said town of New Bedford. And if the provisions
feTsec^lsT" °^ ^'^'^ ^^^ ^^^^^ ^^ extended to the towns of Dartmouth and Fair-
haven, in said county, or either of them, in the manner herein af-
ter provided, the said court shall have like authority, in respect
of persons convicted as aforesaid, who are inhabitants of either of
said towns of Dartmouth and Fairhaven, for their commitment to
their several work-houses.
Justice may Sect. 4. Be it further enacted, That it shall be lawful for

discharge any ... r • i i • i- •

person impris- the justice 01 Said court, at his discretion, to discharge any per-
oned for fine gQ^ from imprisonment who shall have been confined under sen-

and costs only. r r t r

tence oi any court lor three months or more, lor non-payment
of fine and costs only, when it shall be made to appear to him
that such person is unable to pay said fine and costs.

Jurisdiction un- Sect. 5. Be it further enacted, That, in all cases, (ex-

laws. ^ "^^"*^ ^^P^ when the fine, forfeiture or penalty exceeds twenty dollars,)
arising in the town of New Bedford, under the statute of one

1832 ch. 166. thousand eight Inindred and thirty-two, chapter one hundred and
sixty-six, and any acts which may hereafter be passed, regulat-
ing or restraining licensed houses and the sale of spirituous or
fermented liquors, said court shall be held to be a court of com-
petent jurisdiction, and the prosecutions in said court may be by
complaint or information, subject to the right of appeal to the
next court of common pleas, in the county of Bristol : provided,
that in all cases when a person shall be convicted of a breach of
said act, and is unable to pay the penalty, fine, or forfeiture, or
fail to do it, he may be imprisoned in the jail or house of cor-
rection of the county of Bristol, situate in said New Bedford,
for a term of time not more than ninety days, at the discretion of
said justice.

Justice's duties, Sect. 6. 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 all fees taxable by law in said court, and shall exhibit in the
month of December of each year, to the board of accounts here-
in after established, a particular account of all sums of money by
him received, as such clerk ; and shall tax and exhibit all
bills of cost for witnesses in criminal examinations and prosecu-
tions, in the same manner that justices of the peace are now, by
law, required to do ; and said clerk shall pay over to the town
treasurers of the several towns, named in this act, immediately
after his account shall have been examined and certified by said
board of accounts, the balances, if any, which may appear to be
due from him to them severally, after deducting the sums which
be is herein after authorized to retain for his own use ; and the
accounts so exhibited, from time to time, shall be recorded by
the town treasurer or town treasurers as the case may be, in a

1834. Chap. 33. 421

book or books to be by him or them kept for that purpose,
when the same, with the certificate of allowance thereof, by said
board shall be exhibited lo him or them by the justice of said
police court ; and the said accounts shall be filed and safely kept
by said treasurer or treasurers. The justice of said police court
shall give bond with a surety or sureties to the acceptance of
the said treasurer or treasurers, as the case may be, for the faith-
ful performance of the duties of his office as clerk, in such pen-
alty as the selectmen of New Bedford shall determine.

Sect. 7. Be it further enacted, That a court shall be Court, when to
held by said justice in some suitable and convenient place, to be
provided at the expense of said town of New Bedford, on two
several days in each week, and as much oftener as may be ne-
cessary, to take cognizance of crimes, offences, and misdemean-
ors ; and on the first and third Mondays of each month, and as
much oftener as may be necessary, for the trial of civil suits and
actions ; and the justice of said police court shall, from time to
time, establish all necessary rules for the orderly and uniform
conducting of the business of said court, both civil and criminal.

Sect. 8. Be it further enacted, That the justice of said justice's fees.
police court shall be entitled to retain, for his own use, out of all
monies received by him in each year for fees, fines and penalties
aforesaid, the sum of one thousand dollars, in full compensation
for all services assigned to him by the provisions of this act :
provided, that if the provisions of this act shall be extended to
the towns of Dartmouth and Fairhaven, or either of them, as is
herein after provided, said justice shall be allowed and entitled to
retain as above to his own use, the sum of twelve hundred dol-
lars, and if there shall be any surplus remaining, he shall pay
over the same to the several treasurers of said towns, in propor-
tion to the amounts of fees, fines and penalties, received from
the inhabitants of said towns respectively.

Sect. 9. Be it further enacted. That the clerk of the courts Board of ac-
in Bristol county, and the district attorney for the southern dis- *^°""^^-
trict, shall be, and they hereby are, constituted a board of ac-
counts, and the said board shall assemble in the month of De-
cember, in each year, and as much oftener as nfiay 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, ac-
counts 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 expenses, have
been examined and allowed by them, and a certificate of such
examination and allowance shall be endorsed on the accounts ex-
hibited to said board, and shall be addressed to the public offi-
cer by whom such charges, fees and expenses may be payable
by law. The members of said board of accounts shall be en-
titled to receive out of the treasury of the town of New Bed-
ford, the sum of three dollars, for each and every day which
shall be devoted to the performance of the duties hereby assign-
ed them.

422

1834.-

-Chap. 33.

Suits, &c.,
now pending
not to be af-
fected by iliis
act.

Justice to make
return of all le-
gal processes,
&c.

Two special
justices to be
appointed.

Towns of New
Bedford, Dart-
mouth and Fair-
haven may con-
stitute one judi-
cial district.

Act, when to
take effect.

Sect. 10. Be it further enacted, That all suits, actions,
and prosecutions, which shall have been instituted, and which
shall be pending; before any justice of the peace in the county of
Bristol at the time when this act takes effect, shall be heard and
determined, as though the same had not been passed.

Sect. II. Be it further enacted, That the justice of said
police court shall make a return to the several courts of all legal
processes, and of his doings therein, in the same manner as justi-
ces of the peace are now by law required to do.

Sect. 12. Be it further enacted, That there shall be ap-
pointed by the governor and council, pursuant to the constitution,
two special justices of said court, who shall hold their offices for
the same time, and by the like tenure as the justice of said court ;
and whenever it shall happen that the justice of said court shall be a
parly, or interested in any suit or prosecution, cognizable by said
court, or be akin to either party therein, or shall, from any other
cause, be unable to attend said court, or hear 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 jurisdic-
tion exercised by one or both of said special justices. And said
special justices shall be paid for their services herein required of
them, by said justice, out of the sum he is authorized herein be-
fore to retain for his own use, such compensation as justices of
the peace would be entitled to for the same services.

Sect. 13. Be it further enacted. That, whenever the inhab-
itants of the towns of Dartmouth and Fairhaven, or either of
them, shall, at legal meetings holden in their respective towns for
that purpose, elect to be united with the town of New Bedford,
for the purpose of forming with said town one judicial district for
the purposes of this act, and shall signify such election to the gov-
ernor, then the said town of New Bedford, and the said towns of
Dartmouth and Fairhaven, or either of them which shall so elect,
shall constitute one judicial district, to be called the district of New
Bedford, and the said police court and the justices thereof shall take
cognizance of all crimes, offences and misdemeanors committed
within said district, and shall have original and exclusive jurisdic-
tion of all suits and actions, in which the plaintiff and defendant
both reside within said district, in the same manner in all respects
as is herein before provided in regard to the town of New Bed-
ford.

Sect. 14. Be it further enacted, That this act shall go into
operation, from and after the thirty-first day of March, in the year
of our Lord eighteen hundred and thirty-four, and thenceforth all
acts and parts of acts inconsistent with the provisions of this act,
are hereby repealed : provided, that nothing in this act shall be
so construed as to prevent the governor, by and with the advice
and consent of the council, from appointing and commissioning
said justice and special justices, at any time previous to said
thirty-first day of March. [Feb. 25, 1834.]

1834. Chap. 34. 423

' An Act incorporating the Manufacturers Mutual Fire Insurance Company. ChcL'D» 34

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 Sylvanus Holbiook, George A. Trumbull, Da- Persons incor-
vid T. Brighain, George T. Rice, their associates, successors p°''^^^*^-
and assigns, shall be a corporation, by the name of the Manufac-
turers Mutual Fire Insurance Company, and enjoy all the privi-
leges and powers incident to such corporations, for thirty years
from and after the passing of this act.

Sect. 2. Be it further enacted, That the property and con- President and
cerns of said corporation shall be managed by a president and "■^*=^°''*'
twelve directors, who shall be members of said corporation, and
be chosen by ballot at the annual meeting thereof, each member
being entitled to as many votes as he has policies, with the right
of voting by proxy, and shall hold their offices during one year,
and till others are chosen in their stead.

Sect. .3. Be it further enacted, That, when the sum sub- When author-
scribed to be insured by the associates shall amount to two n)il-
lions of dollars, the said corporation may, and they are hereby
authorized to insure, for a term not exceeding one year, any
manufacturins; establishment within this Commonwealth, with all [Public buiid-

1 -1 1- /• I • 1 • 1 I J J ings and proper-

buildmgs, nxtures, machmery, tools, nnplemenis, stock and goods ty without the
to the same belon2:ing, or any way pertaining, against damage ^"'^1'°',^' ^ ,

, ? ? * I • o> o o wealth, 183''ch.

arismg to the same by tire. And, ni case any member shall sus- hq; and ail
tain damage by fire, over and above the then existing funds of said YlPJ^J^ f i'^°,^^>

.-.•',. I r I 1836 ch. 21.]

corporation, the directors may assess such lurther sum or sums
upon the deposite notes of the members, as may be necessary to
pay such loss : provided, however, that no individual member. Proviso,
dnrins; the term of one year, shall be held to pay by way of as-
sessments more than ten times the arnount of premium money
which he shall be required to pay for his insurance that year.

Sect. 4. Be it further enacted. That whenever the said Buildings, &c.,

, ,, , "^ . 1 •! !• .1 injured, to be

corporation shall make insurance upon any building or otner prop- ^eu ^^ security
erty which they are by this act authorized to insure, the said for deposite
building, with the land under the same, with all fixtures, machin-
ery, tools and implements so insured, shall be held by said cor-
poration as security for any deposite note which they may hold
of tlie member for whom they are insured. And the policy of Policy shall cre-
insurance to any member of said corporation, upon his building, h[,*^i[}ing"^ &c.,
fixtures, machinery, tools or implements, shall of itsell create a insured'!
lien upon the same for the sum of any such deposite note, and
the costs which may accrue in collecting the same, without any
other act in law whatsoever, and said lien shall continue during
the existence of said policy, or till the amount of said note shall
be paid, or otherwise secured to the satisfaction of said corpora-
tion, notwithstanding any transfer or alienation thereof.

Sect. 5. Be it further enacted. That all monies which shall investment and

, . , , ./ ■ r • 1 II J 1 appropriation of

be received by said corporation lor premiums, shall, under the monies received
direction of the president and directors, be invested in stock, forpremiiuns.
notes, bonds, or other productive securities, and the same with
the income thereof be appropriated to pay the expenses of said

424 1834. Chap. 34.

corporation, loans which occur, or in return dividends to the
members of said corporation.
Notice of losses Sect. 6. Be it further enacted^ That when any person
seuiement of^ shall sustain any loss, by fire, of buildings or other property in-
thesame. sured by said corporation, he shall within sixty days after such

loss give notice thereof in writing at the office of said corpora-
tion. And it shall be the duty of said president and such directors
as may be fixed upon for that purpose, to proceed immediately
to the place where said fire happened, and determine in writing
under his or their hands the amount, if any, of said corporation's
liability for such loss, and if the sufferer shall not acquiesce in
their determination, said sufferer may, within ninety days after
notice of said determination, and not after, bring an action at
law against said corporation for such loss, before any court of
competent jurisdiction to try the same ; and in case the sufferer
shall not in such action recover more than the damage determined
on in the manner aforesaid, the plaintiff shall have judgment in
said action, but the corporation shall recover their costs, and ex-
ecution shall issue for the balance in favor of the party entitled
to it : provided, however, that said president and directors may,
in all cases, if the sufferer does not acquiesce in their determi-
nation, submit his claim to referees to be mutually agreed upon,
whose award shall be returnable at the court of common pleas
next to be holden in the county of Worcester, and be final, and
the said court shall enter up judgment and issue execution
thereon.
Payment of Sect. 7. Be it further enacted, That as soon as the corpo-

ration's liability shall be ascertained in either of the ways men-
tioned in this act, and the funds on hand belonging to the said
corporation are sufficient to pay the same, the president and di-
rectors shall cause the same to be paid to the sufferer, at the
office of said corporation, within thirty days after he shall have
made demand for the same at said office. And if it shall so
happen that the funds on hand belonging to said corporation
are insufficient to pay and satisfy said liability, the said president
and directors shall immediately cause an assessment to be made
upon the deposite notes of each member, and cause the same to
be forthwith collected and paid over to the sufferer in the time
and manner above mentioned.
Neglect or re- Sf.ct. 8. Be it further enacted, That if any member of

^"^^ments^^ ^^ ^^'*^ Corporation, or his legal representatives, shall neglect or re-
fuse to pay the amount which may be assessed upon his note in
the manner above mentioned, for the space of thirty days after
demand shall have been made for the payment of the same, in
the manner said corporation shall appoint, he or they shall be li-
able to the suit of the corporation therefor in an action of the
case, in any court of competent jurisdiction ; and the said cor-
poration having obtained judgment and execution for the amount.
Execution, how may; at their election, cause said execution to be levied upon
levied. the estate or property whereon by this act they may have a lien

1834. Chap. 34—35. 425

for the same, and the officer having said execution shall proceed
to satisfy the same by the sale and conveyance of said estate or
property, in the same manner as is provided by law for the sale
of the right of redeeming real estate, and the owner thereof
shall have the right of redeeming the same within one year, by
paying to the purchaser thereof the amount of said execution
and costs, with interest on the same at the rate of twelve per
cent.

Sect. 9. Be it further enacted, That, if the said president Liabilities of
and directors shall neglect or refuse to pay the amount which may directors' for re-
be due to any sufferer for the space of thirty days after the same fusai to pay
shall have been determined as aforesaid, out of the funds then on ^'"°""' "®-
hand, or from collections of assessments, as is herein provided,
if the same be sufficient, then and in such case such sufferer
shall have a right to levy his execution, which he may have ob-
tained on the judgment recovered against said corporation, upon
any of the funds thereof, and in case said funds be insufficient
to satisfy said execution and costs, tlien said sufferer may levy
his execution upon any estate or property of the president or
any director of said corporation, in the same manner as an exe-
cution recovered against them, to the amount which shall be suf-
ficient to satisfy said execution and costs. And the president,
or any director whose estate or property shall be so taken, may
recover compensation therefor, by an action of the case against
said corporation.

Sect. 10. Be it further enacted, That the office and re- Office and
cords of said corporation shall be kept at such place in Worces- kepTkfworees-
ter, in said county of Worcester, as the president and directors ler.
shall from time to time provide, and the annual meetings of said Annual meet-
corporation shall be held at said Worcester, on the first Wednes- '°^^'
day of October.

Sect. 11. Be it further enacted, That David T. Brigham First meeting.
is hereby authorized to call the first meeting of said corporation,
at such time and place in said Worcester as he may think proper,
giving notice thereof in the several newspapers printed in said
Worcester, and in two daily newspapers printed in Boston, at
least fourteen days previous to said meeting. [Feb. 25, 1834.]
Add. acts, 1835 ch. 119 : 1836 ch. 21.

An Act in addition to "An Act to incorporate the First Universalist Society in Dux- /7A/»ji So

BE it enacted by the Senate and House of Representatives, ^^^ '^^' ^^'
in General Court assembled, and by the authority of the same.
That all sums of money hereafter voted to be raised by the First
Universalist Society in Duxbury, on the pews in their meeting-
house, shall be assessed and levied according to an appraisal
hereafter to be made by a committee appointed by said society,
any thing in the act to which this is in addition, to the contrary
notwithstanding. [Feb. 28, 1834.]

VOL. VII. 54

426

1834.-

■Chap. 36—39.

Chap. S'6.

Persons incor-
porated.

Estate.

1791 ch. 21.
(v. 1. p. 317.)
1795 ch. 60.
(v.2. p. 66.)

An Act to incorporate the Proprietors of the Westerly Meeting-House in Scituate.

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 Ichabod R. Jacobs, Michael Jacobs and How-
ard Bovvker, their associates and successors, are hereby made a
corporation, by the name of the Proprietors of the Westerly
Meeting-house in Scituate, with all the powers and privileges,
and subject to all the duties and liabilities, by law incident to re-
ligious societies, legally established in this Commonwealth.

Sect. 2. Be it further enacted, That said corporation shall
have power to hold and manage any estate, the annual income of
which, exclusive of their meeting-house, shall not exceed two
thousand dollars, to be devoted exclusively to religious purposes.
[Feb. 28, 1834.]

Ch(Jlt}» 37. -^^ ^^"^ '° chanffe the name of the " Middlesex Merrimack River Bridge," to that of
" " Patucket Bridge."

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That "an act for incorporating certain persons for the purpose
Name changed, of building a bridge over Merrimack river at Patucket Falls,
between the towns of Chelmsford and Dracut, in the county of
Middlesex, and for supporting the same," passed on the first day
of February, in the year of our Lord one thousand seven hundred
and ninety-two, be, and the same is hereby so far altered and
amended that the said corporation may take and hereafter be
known in law by the name of the Proprietors of " Patucket
Bridge." [Feb. 28, 1834.]

ChOiT) 38. ^" ^^"^ ^° incorporate the Nantucket Atheneum.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That David Joy, Charles G. Coffin, Paul Swift, Gorham Cof-
fin, and Barker Burnell, their associates, successors and assigns,
are hereby made a corporation, by the name of the Nantucket
Atheneum, with all the powers, and subject to all the require-
ments, contained in the statute of one thousand eight hundred and
thirty-three, chapter eighty-third ; with power also to hold real
and personal estate, not exceeding in value the sum of thirty
thousand dollars, to be appropriated exclusively to scientific and
literary purposes. [Feb. 28, 1834.]

An Act in -addition to " An Act ceding to the United States the jurisdiction of the
Island of Nix's Mate."

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same.
Time extended. That a further time of two years from the passing of this act,
be allowed for complying with the provisions of an act passed on
the twentieth day of February, in the year of our Lord one
thousand eight hundred and thirty-two, ceding the jurisdiction of
the island of Nix's Mate, in Boston harbor, to the United States.
[Feb. 28, 1834.]

Persons incor-
porated.

Powers.

1833 ch. 83.

Real and per-
sonal estate.

Chap. 39.

1832 ch, 41.

1834. Chap. 40—42. 427

An Act respecting the sale of the Ministerial Lands in the First Parish in Wrenlham. (Jh/i^ AQ

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That the inhabitants of the first parish in Wrenthatn, are hereby Appropriation
authorized to appropriate the funds arising from the sales of the of. the^funds
lands belonging to the first parish and church in Wrentham, sale of parish
towards the erection of a new meeting-house and vestry in said '^"*^*' *^'=-
parish, for the use of the ministry, and that the several deeds,
executed in due form of law, and delivered to the purchasers of
said lands, by agents duly appointed by the parish and church for
that purpose, shall be deemed valid and effectual in law to convey
the interest of the parish and church in the premises, as described
in the deeds aforesaid. [Feb. 28, 1834.]

An Act to incorporate the Worcester County Manual Labor High School. C^hnn 41

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 Fisher, Joseph White, Otis Converse, Persons incor-
Frederic Augustus Willard, Alonzo King, Joseph G. Binney, Pirated.
Otis Corbett, Isaac Davis, Edward Phillips, Samuel D. Spurr,
Pearly Goddard, Daniel Goddard, Ichabod Washburn, and their
successors, be, and they hereby are incorporated by the name of
the Trustees of the Worcester County Manual Labor High
School, for the purpose of establishing and maintaining such a
school in the town of Worcester, for the education of youth in
the languages, arts and sciences, for promoting habits of industry
and economy, and inculcating the principles of piety and virtue.

Sect. 2. Be it further enacted. That the number of said Number of
trustees shall never be greater than fifteen, nor less than ten, a '^'^"s'^^®*
majority of whom shall constitute a quorum for doing business :
provided, hoicever, that a less number may adjourn a meeting of Proviso,
the board, and the said trustees, and their successors, are hereby
made the visitors and governors of said school, with power to
elect the instructors thereof, to establish regulations for the gov-
ernment of the same, and to hold by gift, grant, devise or other-
wise, any estate, real or personal : provided, that the same shall Estate,
be faithfully applied for the purposes specified in this act, and
shall not exceed in value the sum of one hundred thousand
dollars.

Sect. 3. Be it further enacted, That the said trustees, by Trustees may
a vole of two thirds of the members present, at any regular meet- bers'alKrfiirva-
ing thereof, may remove a member of the board, and by a major cancies.
vote, may fill all vacancies that may happen by reason of death,
resignation or otherwise. [Feb. 28, 1834.]

An Act to amend an Act incorporating the City Mutual Fire Insurance Company-. CflCtt), 42.

Sect. 1. BE it enacted by the Senate and House of Repre- 1833 ch. 119.
sentatives, in General Court assembled, and by the authority of
the same, That the eleventh section of the act to which this is in Repeal,
addition is hereby repealed.

Sect. 2. Be it further enacted, That, at the expiration of Repayment of

,1 r 1 1- I • 1 I 11 I premium and

the term 01 each policy, the said company shall pay to the as-

42a

1834.-

-Chap. 42—45.

deposit money,
&c.

SLired, each his proportion of premium and deposite money ; and
further, shall pay to the assured, each according to his proportion
of premium and deposite money, all the net profits accruing to said
company from the investment of the available fund, and from the
investment of the capital stock, after deducting for the use of said
stockholders six per cent, interest, payable quarter yearly, on the
amount of capital actually paid in by them, and invested in pur-
suance of the provisions of the act to which this is in addition.
[Feb. 28, 1834.]

An Act to incorporate the Boston and Gloucester Granite 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 Jeremiah Wetherbee, William Crehore, and
their associates, successors and assigns, are hereby made a cor-
poration, by the name of the Boston and Gloucester Granite
Company, for the purpose of procuring, hammering and cutting
granite stone, in the city of Boston and town of Gloucester, and
for this purpose shall have all the powers and privileges, and be
subject to all the duties and requisitions, specified in an act passed
on the twenty-third day of February, in the year of our Lord one
thousand eight hundred and thirty, entitled " an act defining the
general powers and duties of manufacturing corporations."

Sect. 2. Be it further enacted, That the capital stock
of said corporation shall not exceed the sum of thirty thousand
dollars, and that the said corporation may be lawfully seized and
possessed of such real estate as may be necessary and convenient
for the purposes aforesaid, not exceeding the value of twenty
thousand dollars, exclusive of the buildings and improvements that
may be made thereon by the said corporation. [Feb. 28, 1834.]

An Act to incorporate the Taunton Market-house Company.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
Personj incor- That A. Bassctt, James Sproat, Franklin Dunbar, their associ-
ates, successors and assigns, are hereby created a corporation,
by the name of the Taunton Market-house Company, for the
purpose of erecting, managing and improving a market-house in
the town of Taunton, in the county of Bristol, with power to
hold and manage real estate, not exceeding in value the sum of
twelve thousand dollars, and personal estate, not exceeding in
value the sum of two thousand dollars. [Feb. 28, 1834.]

f^hnn 4t -^^ Act authorizing the Proprietor of Lincoln's Wharf to extend the same.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same.
Proprietor may That' the proprietor of the wharf in the city of Boston, now called
extend wharf. ^^^ known by the name of Lincoln's wharf, is hereby authorized
to extend and maintain his said wharf into the harbor channel, as far
as to a line drawn straight from the present northeasterly corner of
Union wharf, at the end thereof, to a point at the northerly end of
said line, intersected by the southeasterly side of the marine railway
wharf; and that he shall have and enjoy the right and privilege of

Chap. 43.

Persons incor-
porated.

Powers and du-
ties.

1829 eh. 53.
Capital stock.

Real estate.

Chap. 44.

Persons i
porated.

Real and per
sonal estate.

1834. Chap. 45—47. 429

using and occupying the flats adjacent to said whaif, when so ex-
tended, at the end, and at the sides thereof, in the same manner
in which lie has hitherto occupied and enjoyed the flats adjoining
said wharf, as it now is : provided, that nothing in this act con- Proviso,
tained, shall in any wise impair, or interfere with the legal rights
of any other person or persons whomsoever. [Feb. 28, 1834.]

An Act to repeal "An Act to authorize the town of Brewster to sell the Ministry /^A/y,i. Afi
Lands, and appropriate the proceeds thereof towards theJMiiiislerial Funds," and to ^^"'"/'« t'v-'*
appoint Trustees for the management thereof 1810 ch. 106.

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 " an act to authorize the town of Brewster to sell Repeal.
the ministry lands, and to appropriate the proceeds thereof to-
wards the ministerial funds, and to appoint trustees for the man-
agement thereof," passed on the twenty-seventh day of February,
A. D. one thousand eight hundred and eleven, is hereby re-
joealed.

Sect. 2. ^e it further enacted. That all monies and all All monies, &c.,
securities for monies vested, which have accrued from the sale of *° ^^ Pf ^ *'^^'^

, .... -Ill 1 1 -1 1 • 1 • 1 1 to the treasurer

the said ministerial lands, under the said act wnicn is hereby re- of the north par-
pealed, which are in the hands of said trustees or their treas- 'sh of Harwich,
urer, together with all the books and papers relating to the said
funds, in the possession of either of the said trustees, their clerk,
or their treasurer, shall be paid over and transferred by the said
trustees, their clerk, or treasurer, to the treasurer of the north
parish of Harwich, which parish lies mostly in the town of
Brewster, within one month from the passing of this act.

Sect. 3. Be it further enacted, That the said north parish Parish author-
of Harwich are hereby authorized to appropriate and expend the 'f"' '° expend

, •' - 11 /■ 1 . , the monies, &c.

monies and property so transierred to the treasury oi the said
parish, for the purpose of repairing the meeting-house of the said
parish, or for the building a new meeting-house, as they may
deem expedient, and determine in legal parish meeting.

Sect. 4. Be it further enacted. That the said parish, at any Parish mayap-
legal meeting of the same, may appoint an agent or agents, to sell P°'"' a§eins to
the remaining ministerial lands of the said parish, at public auction lands.
or private sale, as they shall think most advantageous for the in-
terests of the said parish, and to pay the proceeds of such sale
into the treasury of said parish, to be appropriated by the said
parish for the same purposes as are specified in the third section
of this act. And the said agent or agents, so chosen, are hereby
authorized and empowered to make, execute and deliver good
and sufficient deed or deeds to convey the said lands to the pur-
chaser or purchasers thereof, according to law. [Feb. 28, 1834.]

An Act in addition to " An Act to establish the Atlas 13ank." ChfW 47

BE it enacted by the Senate and House of Representatives, in jg^g J^ ^^i
General Court assembled, and by the authority of the same,
That so much of "an act to establish the Atlas Bank," passed Time extended.
on the twenty-eighth day of March, in the year of our Lord one
thousand eight hundred and thirty-three, as regards the time with-

430 1834. Chap. 47—49.

in which the stockholders are required to pay in the capital stock
thereof, is hereby repealed ; and that the stockholders of said
bank are hereby required to pay in the said capital stock within
six months from the passing of this act. \_Feb. 28, 1S34.]

ChCLX) 48 ^^ ^^^ '° authorize Simeon Crowell, and another, to erect Piers in Bass River.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in . General Court assembled, and by the authority
Authorized to of the samc, Thai Simeon Crowell, and Simeon Crowell, 3d.,
wharvef."^* *"^ their heirs and assigns, are hereby authorized to erect piers or
wharves adjoining their premises, situated upon Bass river, in the
town of Yarmouth, by driving piles in the said river, at the edge
of the channel of the same, next adjoining their said premises,
and extending to the said piles, from their said premises, such
Proviso. wharves or piers : provided, hmvever, that the said piles shall in

no case be driven or placed in the said river, at a greater dis-
tance from the shore than eight feet below low water mark.
Sect. 2. Be it further enacted, That the said Crowells,
haul vessels at their heirs or assigns, shall have liberty to haul vessels at the
said wharves, sides and cnds of the said piers or wharves, and receive of the
''' owners or masters of the same reasonable wharfage therefor :

Proviso. provided, however, that not more than two vessels shall be al-

lowed to lie abreast, at the side of any such wharf or pier, next
to the channel, at any one time : and provided, also, that this
grant shall in nowise interfere with the legal rights of any other
person or persons whomsoever. [Feb. 28, 1834.]

r^hnm /l Q •'^^ ^d" '° authorize the "Mercantile Insurance Company' in Salem," to reduce its

1824 ch. 63. Sect. 1. BE it enacted by the Senate and House of Rep-

resentatives, in General Court assembled, and by the authority
Reduction of ^f ^^^^ samc. That the Mercantile Insurance Company, in Sa-
capitai stock, lem, are hereby authorized to reduce the capital stock of the
said corporation to one hundred thousand dollars, and such re-
duced capital stock shall be divided into one thousand five hun-
dred shares, each share to consist of sixty-six dollars and sixty-
Proviso, six and two-thirds cents : provided, that nothing heiein contained
shall affect or diminish the number of shares which any stock-
holder 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.
Previous con- Sect. 2. Be it further enacted, That no contracts what-
tracis not to be evcr, heretofore made by the said corporation, shall be in any
^ '^'^'*^ ■ manner affected or impaired by said reduction.
Act, when to Sect. 3. Be it further enacted , That this act shall not
take effect. 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. [Feb. 28, 1834.]

1834. Chap. 51—53. 431

An Act to terminate the corporate powers of the Grand Lodge of Massachusetts. C/hCfD' 51.

BE it enacted by the Senate and House of Representatives^ 1817 ch. 22.
in General Court assembled, and by the authority of the same.
That " an act to incorporate the master, wardens and members Repeal,
of the Grand Lodge of Massachusetts," passed on the sixteenth
day of June, in the year of our Lord one thousand eight hundred
and seventeen, is hereby repealed. [March 4, 1834.]

An Act to incorporate the Douglas Axe Manufacturing Company. dldt), 52.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That Warren Hunt and Alexander Scudder, their associates and Persons incor-
successors, are hereby made a corporation, by the name of the P*""^^^ •
Douglas Axe Manufacturing Company, for the purpose of man-
ufacturing edge tools in the town of Douglas, in the county of
Worcester, with all the powers and privileges, and subject to all Powers and du-
the duties and liabilities, provided in the fifty-third chapter of the *'®^-
statutes of the year eighteen hundred and twenty-nine ; and, for i829ch. 53.
the pm'pose aforesaid, may hold real estate, not exceeding in Real and per-
value the sum of thirty thousand dollars, and personal estate, not 8°"^' es'ate.
exceeding in value the sum of thirty thousand dollars. [JMarch creased, 1836
4, 1834.] Add. act, 1836 ch. 235. ch.235.]

An Act to incorporate " The Proprietors of Mount Holyoke Bridge." Chnr) ^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 Joseph Lyman, Daniel Stebbins, William H. Persons incor-
Mosely, their associates, successors and assigns, are hereby made pofated.
a corporation, by the name of " The Proprietors of Mount
Holyoke Bridge," with all the powers and privileges, and sub- Powers.
ject to all the requirements contained in the eighty-third chapter 1333 ch. 83.
of the statutes of eighteen hundred and thirty-three.

Sect. 2. Be it further enacted. That said proprietors be, proprietors au-
and they hereby are authorized and empowered to erect a bridge jiiorizcd to erect
over Connecticut river, between Northampton and Hadley, at '
some convenient place not more than one himdred rods distant
from Hockanum Ferry, so called, and said bridge shall be well
built with suitable materials, at least twenty-six feet wide, and
covered with planks, widi sufficient rails on each side for the
safety of passengers travelling ihereon ; and the same shall be
kept in good repair at all times.

Sect. 3. Beit further enacted, Tliat a toll is hereby granted Tolls.
and established according to the rates following, viz : for each
foot passenger, three cents ; for each horse and rider, seven
cents ; for each horse and chaise, chair, sulky, carryall or
wheel carriage for passengers, drawn by one horse, sixteen cents ;
for each coach, phaeton, or other wheel carriage drawn by two
horses, thirty-three cents ; for each additional horse, six cents ;
for each sleigh, drawn by one horse, ten cents ; if by two horses,
twelve cents and five mills ; and for each additional horse, three
cents ; for each cart, sled, or other carriage of burthen, drawn
by one beast, ten cents ; if drawn by two beasts, sixteen

432

1834.-

-Chap. 53 — 54.

Rates of toll to
be exposed to
view.

Returns, &c.

Tolls may be
commutea.

Chap. 54.

Persons incor-
porated.

Powers and
duties.

I cli. 53.

Capital slock

estate.

apitai
[id real

cents ; and if by more, antl not exceeding four beasts, twenty
cents ; and for each additional beast, four cents ; for each horse,
ass or mule, without a rider, and for neat cattle, each four cents ;
for sheep and swine, one cent each ; and one person and no more
shall be allowed to each team to pass free of toll. And all per-
sons who shall have occasion to pass said bridge to perform mil-
itary duty, shall pass free of toll ; and the toll shall commence on
the day of opening said bridge, and shall continue for the term of
seventy years ; and at the place of receiving said toll, there shall
be erected and constantly exposed to view, a sign board, with the
rates of toll fairly and legibly printed thereon in capital letters.
And the said corporation, at the time of opening said bridge, shall
cause a true and just account of the expenses thereof, and also at
the end of every three years thereafter, a true and just account of
all receipts and disbursements, to be returned into the office of
the secretary of this Commonwealth ; and after thirty years from
tiie opening of said bridge, the general court may regulate the rates
of toll receivable thereat : provided^ however^ that if the said pro-
prietors shall neglect, for the space of six years from the passing
of this act, to build and finish the said bridge, then this act to be
void and of no effect.

Sect. 4. Be it further enacted^ That said corporation may,
if they see cause, commute the rates of toll with any person or
persons, by taking of him or them a certain less sum, quar-
terly, or annually, instead of the toll aforesaid, or by taking of
all persons less rates of toll than specified as aforesaid, the pro-
prietors giving public notice of their intention so to do, by pub-
lishing the same three weeks successively in two newspapers,
one printed in the county of Hampshire, and one in the county
of Hampden ; in which case the proprietors of the Northampton
and Springfield bridges shall have power to alter their tolls, in
like manner, and to the same rates. [March 4, 1834.]

An Act to incorporate the Hoosac River Manufacturing Company.

Sect. 1. 5E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same^ That David Anthony, Isaac U. Hoxie, and War-
ren I. Hodge, their associates, successors and assigns, be, and
they hereby are made a corporation, by the name of the Hoosac
River Manufacturing Company, for the purpose of manufactur-
ing cotton goods in the town of Adams and county of Berkshire,
and for this purpose shall have all the powers and privileges, and
be subject to all the duties and requirements, contained in an act
passed the 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 the sum of fifty thousand dol-
lars, and that the said corporation may be lawfully seized and
possessed of such real estate as may be nfecessary and conve-
nient for the purpose aforesaid, not exceeding the sum of twenty
thousand dollars. [March 4, 1834.]

1834. Chap. 55—58. 433

An Act to incorporate the Blumvale Iron Company. ChO-V' 55.

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 James Blum, Governeur Kemble, and Persons incor-
William Kemble, their associates and successors, are hereby poi'^'ed.
made a corporation by the name of the Blumvale Iron Company,
for the purpose of making pig iron from the ore, in Stockbridge,
in the county of Berkshire, and, for that purpose, shall have all Powers and
the powers and privileges, and be subject to all the duties and
liabilities provided in the fifty-third chapter of the statutes of the 1829 ch. 53.
year eighteen hundred and twenty-nine.

Sect. 2. Be it further enacted. That said corporation Real and per-
may hold such real estate, not exceeding in value the sum of ^°"^
fifty thousand dollars, and such personal estate not exceeding in
value the sum of fifty thousand dollars, as may be necessary and
convenient for carrying on the manufacture aforesaid. [March
4, 1S84.]

An Act concerning the Rate of Toll on the Eighth Massachusetts Turnpike. C/lCtp. 56.

BE it enacted by the Senate and House of Representatives^ 1799 eh. 48.
in General Court assembled, and by the authority of the same, igboch If*^
That the Eighth Massachusetts Turnpike Corporation are hereby (v. 2. p.' 387.)
empowered to demand and receive six and one quarter cents, ^^^'^p-g'lg .
and no more, for wagons drawn by one horse over their road i8i8ch. 73.
and through their gates. [March 6, 1834.] Add. act, 1837 Jgj^jj-?^-
ch. 115. "

An Act to incorporate the Berkshire Manual Labor High School. ChttJ). 57.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That Theodore Sedgwick, Thaddeus Pomeroy, Horatio By- Persons incor-
ington, T. S. Pomeroy, Cyrus Williams, and Edward Burnall, P*""^ ^
their associates and successors, are hereby made a corporation,
by the name of the Berkshire Manual Labor High School, to
be established in the town of Stockbridge, with all the powers Powers,
and requirements contained in the statute of one thousand eight
hundred and thirty-three, chapter eighty-third ; with power also 1833 ch. 83.
to hold real and personal estate, to an amount not exceeding fifty Real and per-
thousand dollars, to be appropriated exclusively to the purposes ^*'"^' estate,
of education. [March 6, IS34.]

An Act to incorporate the Davis Manufacturing Company. CyllUp. 5o.

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 H. Robbins and Nathaniel May, their Persons incor-
associates, successors and assigns, be, and they hereby are made P°'"^'^'^-
a corporation, by the name of the Davis Manufacturing Company,
for the purpose of manufacturing cotton goods in the New Eng-
land Village, so called, in the town of Grafton, and county of
Worcester ; and for this purpose shall have all the powers and Powers and du-
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-

VOL. VII. 65

434

1834.-

■Chap. 38—60.

1829 ch. 53.

Capital stock
and real estate.

Chap. 59.

1829 ch. 36.

Selectmen may
establish addi-
tional fire com-
panies.

Members, how
appointed, &c.

Chap. 60.

Appointment of
engineers, en-
gine men, &c.

Selectmen em-
powered to fill
vacancies, &c.

titled "an act defining the general powers and duties of manu-
facturing corporations."

Sect. 2. Be it further enacted, That the capital stock of
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
fifty thousand dollars, exclusive of buildings and improvements
made or to be made thereon. [March 6, 1834.]

An Act in addition to an Act establishing a Fire Department in the town of Lowell.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That the fire department of the town of Lowell shall hereafter
consist of one or more fire companies, as the selectmen of said
town shall judge expedient, in addition to the officers and mem-
bers of said fire department, authorized to be appointed by the
act to which this is in addition ; and the members of said fire
companies shall be appointed in the same manner and for the
same term of time, as the other members of said fire department
are now authorized by law to be appointed ; and the number of
members to be attached to each fire company shall be regulated
by the selectmen, who shall prescribe the duties to be by them
performed. [JMarch 6, 1834.]

An Act establishing a Fire Department in the town of Hingham.

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 fire department of the town of Hingham
shall hereafter consist of a chief engineer, and as many engineers
and fire wardens, not exceeding twelve in number, as the select-
men of said town shall annually, on the day of any legal meeting
in March or April, appoint, who shall hold their office for the
term of one year from the day of their appointment, and until
others are appointed ; also of ^s many engine men, hose men,
hook and ladder men, as said selectmen, at said meeting, or as
soon after as may be, shall appoint : provided, that the number
of firemen so appointed, shall not exceed fifty men to each hy-
draulion, thirty-five men to each common engine, and five men
to each hose carriage ; that the number of hook and ladder men
shall not exceed fifty, and the number of hose men shall not ex-
ceed fifty.

Sect. 2. Be it further enacted, That the selectmen of said
Hingham shall have power to fill any vacancy that may occur at
any time in said fire department, give certificates of all their ap-
pointments, and fix and ordain, from time to time, the powers
and duties of the chief engineer and engineers, and fire wardens,
respectively, in relation to fire engines and all other fire appara-
tus, belonging to, or used in said town, and also to fix and or-
dain, from time to time, such rules and regulations as may be
deemed expedient for the conduct of said fire department, and
for the citizens present at fires, and to annex penalties for the

1834. Chap. 60. 435

breach of any rules and regulations they may so fix and ordain,
not exceeding twenty dollars.

Sect. 3. Be it further enacted, That the chief engineer, Powers of en-
engineers, and fire wardens, so appointed, shall have the same |,afdensT*^ ^^^
powers and authorities relative to pulling down and demolishing
any house or other building, to prevent the spreading of fires,
and also relative to all other matters or things affecting the pre-
vention and extinguishment of fires, as fire wardens now by law
have. And said town of Hingham shall be liable to pay all such Liability of the
reasonable compensation for damage done by, or consequent °^°'
upon the directions or acts of said chief engineer, engineers, and
fire wardens, as other towns in this Commonwealth are liable to
pay in like cases, for like acts and directions done or given by
their fire wardens ; and all fines and forfeitures arising within said Fines,
town of Hingham, under the laws of this Commonwealth, rela-
tive to the extinguishment of, or proceedings at fires, shall be
distributed in such manner, and applied to such use, as said town
of Hingham shall ordain, any thing in said laws to the contrary
notwithstanding.

Sect. 4. Be it further enacted, That each member of said Msmbers ex-
fire department shall be exempted from military duty and service ^iftary du™ .
in the militia of this Commonwealth, so long as he shall continue
a member of said fire department ; and every person so exempted
shall be holden to produce, within thirty days after he shall have
been appointed a member of said department, and annually in the
month of April thereafter, to the commanding officer of the mi-
litia company within whose bounds he may reside, a certificate
from one of the selectmen of said town of Hingham, setting
forth that he is a member of said fire department.

Sect. 5. Be it further enacted, That, from and after the Laws repealed,
organization of a fire department in said town of Hingham, agree- fecuhe^election
ably to the provisions of this act, and notice of the same being offirewardsin
given in the Hingham Gazette, published in said Hingham, by said town.
the selectmen thereof, all the laws of this Commonwealth, relating
to the election and appointment of firewards, so far as they affect
such election and appointment in said town, hereby are repealed.

Sect. 6. Be it further enacted. That, in addition to the Selectmen may
foregoing, said selectmen of said town may, if they judge expedi- uonai"fire con
ent, appoint one or more fire companies ; and the members of panics.
said fire companies shall be appointed in the same manner, and
for the same term of time, as the other members of said fire de-
partment. And the number of members to be attached to each
fire company, shall be regulated by the selectmen, who shall pre-
scribe the duties to be by them performed.

Sect. 7. Be it further enacted, That the provisions of this Act, when to
act shall take effect, as soon as the same shall have been accept- ^^^^ ^^^'^^'
ed by a majority of the citizens of Hingham, qualified to vote in
town affairs, at a meeting legally notified for that purpose, and
shall continue in force until modified or repealed by the Legisla-
ture of this Commonwealth. [March 6, 1834.] Add. act,
1835 ch. 92.

com-

436

1834.-

-Chap. 61—62.

Chap, 61.

Persons incor-
porated.

Powers and du-
ties.

1829ch.53.

Real and per-
sonal estate.
[Additional
real estate,
1834 ch. 136.]

Chap. 62.

Persons incor-
porated.

Real and per-
sonal estate.

Shares.

Assessments.

1808 ch. 65.

An Act to incorporate the Pocasset Iron 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 John A. McGaw, John Kendrick and Rufus
Kendrick, their associates, successors and assigns, are hereby-
made a corporation, by the name of the Pocasset Iron Company,
for the purpose of working and manufacturing iron, at Sandwich,
in the county of Barnstable, and for this purpose shall have all
the powers and privileges, and be subject to all the duties and
requirements, 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 general powers and duties
of manufacturing corporations."

Sect. 2. Be it fiLrther enacted, That the said corporation
may lawfully hold such real estate, not exceeding twenty thousand
dollars, and such personal estate not exceeding eighty thousand
dollars, as may be necessary and convenient for the purposes
aforesaid. [March 6, 1834.] Add. act, 1834 ch. 136.

An Act to incorporate the Boston and Bangor 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 Francis J. Oliver, Henry Rice, Thomas Wet-
more, their associates, successors and assigns, be, and they here-
by are made a body corporate, by the name of the Boston and
Bangor Steam Boat Company, for the purpose of running one
or more steam boats, for the convenience of the public travel and
the transportation of merchandize, between Boston and Bangor,
and the intervening places.

Sect. 2. Be it further enacted. That said company may
lawfully purchase, hold and convey real estate, not exceeding the
value of twenty-five thousand dollars, and personal estate, not
exceeding the value of one hundred thousand dollars.

Sect. 3. Be it further enacted, That the stock of said
company shall be divided into shares of one hundred dollars each ;
and said shares shall be deemed personal estate, and shall be sub-
ject to attachment and sale, in like manner as the shares of debt-
ors in other corporations.

Sect. 4. 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 ef-
fect the objects of said corporation : provided, that no share shall
be assessed a greater sum than one hundred dollars. And said
corporation may provide for the sale at public auction of any
share or shares, whenever any assessment shall be due, and not
paid, agreeably to the provisions contained in the fifth section of
*'an act defining the general powers and duties of manufacturing
corporations," passed on the third day of March, in the year of
our Lord one thousand eight hundred and nine. [March 6,
1834.]

1834. Chap. 63. 437

An Act to incorporate the Proprietors of tiie Middlesex Bridge. ChciX) 63

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 Pierce, Daniel A. Perkins and George Persons incor-
Winslovv, their associates and successors, are hereby constituted P*""^'^*^-
a corporation, by the name of " the Proprietors of the Middlesex
Bridge," with all the powers, and subject to all the duties and Powers,
liabilities, contained in the eighty-third chapter of the statutes of 1833 ch. 83.
the year one thousand eight hundred and thirty-three.

Sect. 2. Be it further enacted, That said corporation are A"!']°'"'^^^.'^°
hereby authorized to locate, build and construct, or to cause to be across the Mys-
built and constructed, a bridge across Mystic river, from the tic river.
Maiden shore, near Hadley's island, to the Charlestown shore,
near the large willow tree, north of the Charlestown alms-house,
with a good and sufficient draw, thirty-four feet in width, said
draw to be located by commissioners, to be appointed by the
governor, with advice of council, at the expense of said corpora-
tion ; and they shall erect a wharf or pier near said draw, on each
side of said bridge, for the accommodation of vessels passing
through said draw, and said bridge and wharves shall be built of
good and sufficient materials ; the bridge to be not less than
thirty-two feet in width from outside to outside, and the wharves
not less than one hundred and twenty-five feet in length, and
twenty feet in width.

Sect. 3. Be it further enacted, That said corporation Draw shall be
shall keep said bridge and draw in good repair, and shall raise the bridgeli^-hted,
draw, and afford all necessary accommodation to vessels having
occasion to pass the same ; and shall keep said bridge lighted by
lamps on each side of the same, not exceeding one hundred feet
apart.

Sect. 4. Be it further enacted, That said corporation shall Compensation
make compensation to any person, persons, or corporation, whose take
real estate shall be taken for the use of said bridge ; and if there
shall be a difference of opinion as to the value of the same, either
party may apply to the court of common pleas in the county
where such real estate lies, for a committee to estimate the dam-
age such person, persons or corporation will sustain ; and, upon
such application, the court, after ten days notice to the adverse
party to appear, and shew cause why such committee should not
be appointed, shall, if no good reason be shown to the contrary,
appoint three or five disinterested freeholders within the county,
who, being first sworn before some justice of the peace, and giv-
ing due notice to the parties to appear, if they see fit, for a hear-
ing, shall proceed to the duties of their appointment, and estimate
the value of the real estate taken as aforesaid, and shall make re-
turn of their doings, as soon as may be, to the said court ; and
upon acceptance of said report, judgment shall be given thereon,
with costs to either party, according to the discretion of the
court : provided, that in all cases either party may claim a trial
by jury, as in similar cases where lands are taken for public uses.

ien.

438

1834.-

-Chap. 63.

Rates of toll.

Treasurer to
make report an-
nually to the
governor and
council.

Governor and
council may or-
der an altera-
tion of the rate
of toll.

Bridge to be-
come free when-
ever the pro-
prietors shall
be reimbursed
the original
cost.

Sect. 5. Be it further enacted, That, for the purpose of
reimbursing the said proprietors for the money expended, and
to be expended, in building and supporting said bridge, a toll is
hereby granted, for the benefit of said proprietors, according to
the rates following : for each foot passenger, one cent ; for each
person and horse, three cents ; for each cart or wagon, drawn by
one horse, four cents ; for each cart or wagon, drawn by more
than one beast, six cents ; for each horse and chaise, six cents ;
for each coach, chariot, phaeton or curricle, twelve cents ; for
each man and wheelbarrow, two cents ; for each horse and neat
cattle, exclusive of those in teams, or rode on, two cents ; for
each sheep and swine, one cent ; and at the time when the toll-
gatherer shall not attend to his duty, the gate or gates shall be left
open. The said toll shall commence on the first opening of said
bridge for passengers ; and the said proprietors shall, at the place
or places where the toll shall be received, erect and keep con-
stantly exposed to view, a sign or board, with the rates of toll as
established for the time being, fairly and legibly written thereon,
in large or capital letters.

Sect. 6. Be it further enacted, That the treasurer of the
said corporation shall, on the second Wednesday of the January
next succeeding the completion of said bridge, render to the
governor and council an exact account of the cost of the bridge,
and of the expenses and income of the satne up to that time ;
and thereafter he shall make to the governor and council, a re-
port of the expenditures on said bridge, and income therefrom,
on the second Wednesday of January annually ; and from the
balance of the income, after the expenses are deducted, the
proprietors shall be allowed to receive to their own benefit, the
amount of six per cent, per annum, on the cost of the bridge ;
and, if the balance of income shall, upon any return, be less or
greater than the said amount, it shall be the duty of the govern-
or and council to order such alteration of the rate of toll, as shall
in their judgment bring the income to the amount of six per cent,
on the cost as aforesaid, which the proprietors shall be allowed
to appropriate to their own use, and no more : provided, how-
ever, that if at any time the balance of income shall exceed the
aforesaid rate per cent, the said proprietors are hereby authori-
zed to hold in fund any amount not exceeding one thousand dol-
lars, giving to the governor and council sufficient bonds for its
being held for the benefit of the bridge, to be appropriated, when
occasion may require, for extraordinary repairs, to prevent the
necessity of any sudden and material variations of the rate of
toll ; and any income which may arise from said fund, shall be
accounted for as the income of the said bridge.

Sect. 7. Be it further enacted. That whenever the Legis-
lature, or any person, persons or corporation, in a manner accep-
table to the Legislature, shall choose to make the said bridge
free, by reimbursing the proprietors the original cost of the same,
the proprietors shall surrender the bridge to become a free bridge,
being themselves discharged from all further duties and liabilities

1834. Chap. 63—65. 439

in the care of said bridge imposed upon them by this act ; and
deducting from the aforesaid cost whatever sum they may have
in fund, as provided for in the sixth section of this act ; and
whenever the Legislature, or any person, persons or corpora-
tion, shall choose to give for the benefit of the bridge any part
of the cost thereof, the proprietors shall receive such donation
to the reduction of the same amount of their capital stock in the
bridge : and all the books and papers of the said corporation
shall be subject to the inspection of any person or persons for
that purpose appointed by the Legislature.

Sect. 8. Be it further enacted, That if the said proprie- Bridge when
tors shall neglect or refuse, for the space of three years after the
passing of this act, to build the said bridge, then this act shall be
void. [March 8, 1834.] Add. act, 1837 ch. 95. imilST

An Act to incorporate the Nichawagg Manufacturing Company. ChttV 64

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That John Chandler, Harding P. Woods, Aaron Brooks and ^^""^""^ "'*=°''-
Daniel Ward, their associates, successors and assigns, be, and P"""*^^
hereby are made a corporation by the name of the Nichavvagg
Manufacturing Company, for the purpose of manufacturing cot-
ton and woollen goods and machinery, in the town of Peters-
ham, in the county of Worcester, and they are hereby author- Real and per-
ized to hold real and personal estate to the amount of two bun- sonai estate,
dred thousand dollars, with all the powers and privileges, and powers and
subject to all the duties and requirements, contained in the fifty- duties,
third chapter of the statutes of eighteen hundred and twenty- 1829 ch. 53.
nine. [March 11, 1834.]

An Act to authorize the Mayor and Aldermen of Boston to extend Front Street, in (7/t^W. 65.
said city. ■*

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 mayor and aldermen of the city of Boston Mayor and ai-
are hereby authorized to lay out a new street, in continuation of dermen author-
Front street, beginning at or near the southerly end of said street." ^^ °"
Front street, and thence running in a southwesterly direction
over the tide waters to Northampton street. And said street
shall be laid out in such direction and through and over such
docks and flats, as the public safely or the convenience of the
inhabitants of said city shall in the opinion of said mayor and al-
dermen require.

Sect. 2. Be it further enacted, That the owner or owners Compensation
of any building, wharf, or other erection which maybe removed, Jates!"^"'''^^^
and of any land or flats which may be taken for said street, shall
be entitled to receive compensation for the damages occasioned
thereby, which damages shall be determined and recovered in the
manner now provided in " an act directing the method of [for] i786ch. 67.
laying out highways." [March II, 1834.]

440

1834.-

-Chap. 66 — 67.

Chap. 66.

Persons incor-
porated.

Real and per-
sona) estate.

Board of ad-
visers.

Chap. 67.

Persons incor-
porated.

Powers and du-
ties.

1829 eh. 53.

Real and per-
sonal estate.

An Act to incorporate the Boston Children's Friend 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 Ann Lee, Margaret D. Baldwin, Phebe H.
Linsley, Susan D. Reynolds and Mary Webb, with their asso-
ciates and successors, are hereby incorporated by the name of
the Boston Children's Friend Society, for the purpose of pro-
viding for the support and education of indigent children of both
sexes, not otherwise provided for, and who for want of paternal
care are in a suffering and dangerous condition.

Sect. 2. Be it further enacted. That said corporation
may receive and take by purchase, grant, devise, bequest or do-
nation, any real or personal properly, and hold the same for the
purposes aforesaid, and may manage and dispose of the same ac-
cording 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 Richard Fletcher,
John Tappan, John B. Jones, Benjamin Smith, Daniel Noyes,
John C. Proctor, Samuel H. Walley, Jr., Moses Pond, George
Denny, Benjamin Peikins, Ebenezer Hayward and Benjamin
Howard, and their successors, are hereby constituted a board of
advisers, to co-operate with and assist the officers and mana-
gers of said Boston Children's Friend Society in promoting the
benevolent purposes aforesaid. [./Ua?*c/i 1 1, 1834.] Add. act,
1836 ch. 220.

An Act to incorporate the " Rockville Memufacturing and Printing Company."

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authonty of
the same, That William True, .John F. Street and William M.
True, their associates and successors, are hereby made a cor-
poration by the name of the " Rockville Manufacturing and
Printing Company," for the purpose of manufacturing woollens,
and bleaching, dying, and printing cotton and other fabrics, in
the town of Saugus, in the county of Essex, and for this pur-
pose shall have all the powers and privileges, and be subject to
all the duties and requirements contained in the fifty-third chap-
ter of the statutes of the year one thousand eight hundred and
twenty-nine, entitled " an act defining the general powers and
duties of manufacturing corporations."

Sect. 2. Be it further enacted, That said corporation may
hold such real estatein the town of Saugus, not exceeding
one hundred thousand dollars in value, and such personal es-
tate not exceeding one hundred and fifty thousand dollars in va-
lue, as may be necessary and convenient for carrying on the busi-
ness aforesaid. [JWarch 11, 1834.]

1834. Chap. 68—72. 441

An Act to incorporate the First Baptist Society in Tyngsborough. ChcLD 68

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 Blodget, Jr., Mial Davis and Charles Persons incor-
Hollis, their associates and successors, are hereby incorporated pof^ted.
as a religious society, by the name of the First Baptist Society
in Tyngsborough ; with all the powers and privileges, and sub-
ject to all the duties and liabilities, by law incident to religious
societies, legally established in this Commonwealth.

Sect. 2. Be it further enacted, That said corporation may Estate,
hold and manage any estate, not exceeding in value the sum of
ten thousand dollars : provided, the same be appropriated exclu-
sively to parochial purposes. [March 13, 1834.]

An Act to incorporate the First Baptist Society ill Orleans. ChflTt 70

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Josiah Rogers, Asa Hopkins and Elisha Hopkins, Persons incor-
their associates and successors, are hereby incorporated as a re- P*""^*® -
ligious society, by the name of the First Baptist Society in Or-
leans ; with all the powers and privileges, and subject to all the
duties and liabilities, by law incident to religious societies legally
established in this Commonwealth.

Sect. 2. Be it further enacted, That said society may hold Real and per-
and manage real estate to the amount of five thousand dollars, ^°°*' estate,
and personal estate to the amount of two thousand dollars : pro-
vided, that the income arising from the same shall be exclusively
appropriated to parochial purposes. [March 13, 1834.]

An Act to authorize the sale of IMinisterial Land by the First Parish in Easiham. f^hnn 7 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 the First Parish in Eastham is hereby authorized Parish author-
to sell a tract of land owned by said parish, and lyins: in the south- J^^d ^o sell a

. 1 xT-j II i"^r/-t- ""^ct of land,

easterly part ol said town, and the treasurer thereof, lor the tmie

being, is authorized to execute a deed or deeds to convey the
same to the purchaser.

Sect. 2. Be it further enacted. That the proceeds of such Proceeds of
sale or sales of said land, as aforesaid, shall be invested in such ves?ed°^'°'
manner as said parish shall direct : provided, however, that the
income only of said fund, and no part of the principal, shall here-
after be applied for the support of the ministry in said parish.
{March 13, 1834.]

An Act to incorporate the First Universalist Society in Orleans. Chnn 79

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 Sparrow Horton, Isaac Doane and John Doane, Persons incor-
their associates and successors, are hereby incorporated as a reli- P^""*'^^-
gious society, by the name of the First Universalist Society in
Orleans, with all the powers and privileges, and subject to all the
duties and liabilities by law incident to religious societies legally
established in this Commonwealth.

VOL. VII. 56

442

1834.-

Chap. 72—75.

Chap. 13.

Persons
porated.

Estate.

Real and per- Sect. 2. Be it further enacted, That said society may hold
estate. ^^^ manage real estate of the value of five thousand dollars, and
personal estate amounting to two thousand dollars : provided^ that
the income arising from the same shall be appropriated exclusive-
ly to parochial purposes. [March 13, 1834.]

An Act to incorporate the First Evangelical Congregational Society in Uxbridge.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Frederick Taft, George Willard and William C.
Capron, their associates and successors, are hereby incorporated
as a religious society, by the name of the First Evangehcal Con-
gregational Society in Uxbridge, with all the powers and privi-
leges, and subject to all the duties and liabilities, by law incident
to religious societies legally established in this Commonwealth.

Sect. 2. Be it further enacted, That said corporation may
hold and manage any estate, the annual income of which shall not
exceed two thousand dollars : provided, the same shall be appro-
priated exclusively to parochial purposes. [March 13, 1834.]

An Act to authorize Job Chase and others to construct and maintain a Pier, or Island
Wharf, near the south shore of the town of Dennis.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same.
That Job Chase, Elijah Chase, Isaiah Baker and Richard Baker,
and their associates, are hereby empowered to construct and
maintain a pier, or island wharf, at such place as may be conve-
nient, below low water mark, near the south shore of the town
of Dennis, in the county of Barnstable, and near the east line of
said town, and shall have the right to fasten and lay vessels at the
sides and ends of said pier or wharf, and receive wharfage there-
for, and shall have all the privileges necessary for the convenient
and useful improvement and occupation thereof : provided, how-
ever, that said pier or wharf shall not be of greater extent than
two hundred feet in length and one hundred feet in breadth :
provided also, that this grant shall in no wise interfere with the
legal rights of any other person or persons whomsoever. [March
13, 1834.]

ChcLT) IS ^^ ^^^ '° incorporate the Hubbardston Copperas Manufacturing Company.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That John Green, Benjamin F. Hey wood, James Green, and
D. Bennett, and J. Bennett, their associates, successors and as-
signs, are hereby made a corporation, by the name of the Hub-
bardston Copperas Manufacturing Company, for the purpose of
manufacturing copperas at Hubbardston, in the county of Wor-
cester, with all the powers and privileges, and subject to all the
duties and requirements, provided in "an act defining the general
powers and duties of manufacturing corporations," passed on the
twenty-third day of February, in the year of our Lord one thou-
sand eight hundred and thirty, and they are hereby authorized to
hold real estate to the amount of thirty thousand dollars, and per-
sonal estate to the same amount. [March 13, 1834.]

Chap. 74.

J. Chase and
others author-
ized to construct
and maintain a
wharf.

Provisos.

Persons incor-
porated.

Powers and
duties.
1829 ch. 53.

Real and per
sonal estate.

1834. Chap. 76—79. 443

An Act to change the name of the town of Western. Cflttp. 76.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That, from and after the passing of this act, the name of the town Change of
of Western, in the county of Worcester, shall cease, and that "^'"®*
said town shall be called and known by the name of Warren, any
law to the contrary notwithstanding. [March 13, 1834.]

An Act to authorize the construction of a Bridge over Mill River. CllttV' 77.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same.
That the county commissioners for the county of Essex be, and Countycommis-
they are hereby authorized and empowered to locate a road and cateTroad^and'
construct a bridge over a certain stream of tide water called Mill construct a
river, which stream is situate in said county, and constitutes the " ^^'
dividing line in part between the towns of Newbury and Rowley,
in said county ; in such form, and under such restrictions, as may
be consistent with the necessary and accustomed use of said
stream ; said bridge to be constructed at or over a part of said
stream, convenient for a road to run from the county road in said
Rowley, at or near Pollypod bridge, so called, to the Newburyport
turnpike, and to a point thereon, near to the road leading to
Dummer academy, in said Newbury. [JMarch 13, 1834.]

An Act in addition to "An Act to incorporate the Barnstable County Mutual Fire f^hnv) 78
Insurance Company." /

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That, whenever the sum subscribed by the associates of the When subscrip-
Barnstable County Mutual Fire Insurance Company, shall amount Jlft" XusaliV"
to fifty thousand dollars, the said company shall be, and hereby dollars, compa-
are authorized to insure, for any term of time, not less than one "y .authorized

i J i tQ insure

year, nor more than seven years, any buildings, goods or moveables
whatsoever, within the Commonwealth of Massachusetts, to any
amount not exceeding three quarters of the value of the property
insured. {March 13, 1534.]

An Act in addition to an Act authorizing the town of Cambridge to establish a Board Ch(ip» 79.
°'"Heallh. 1826 ch. 94.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That the Board of Health of the town of Cambridge shall have Owners of
power to cause every owner of lands, houses or buildings, within &c'^*(o*^make'
said town, or his agent, to make a sufficient drain from such land, drains,
house or building, to convey all waste water, and other liquid mat-
ter, whenever they shall adjudge the same to be a source of filth,
nuisance, or cause of sickness to persons residing near such
land, house or building, or to the public, from such land, house
or building, in such manner, of such materials and to such places,
as said board of health may direct, and shall thereupon give such
owner or agent notice in writing, specifying the mode and time
in which such drain shall be completed ; and in case the said Penalty for neg-
owner or agent shall neglect to complete the same within the time Jf^a'j'^s^ '"^ ^^^^

444

1834.-

■Chap. 79—83.

Chap. 80.

1830 ch. 143.
1832 ch. 70.

Increase of
capital stock.

Additional
stock liable to
tax, &c.

Certificate.

Chap. 82.

Persons incor-
porated.

Estate.

Chap. 83.

Powers, &.C.,
of the county
commissioners,
transferred to
the selectmen.

SO specified, the said board of health shall cause the same to be
done, and shall be entitled to recover, of such owner or agent,
the whole amount of the expense thereof, together with ten per
cent, damages, by an action of the case by them to be brought
before any court within the county of Middlesex having compe-
tent jurisdiction : provided^ however^ that in no case the said ten
per cent, to be recovered by way of damage, shall exceed the sum
of twenty dollars. [March 15, 1834.]

An Act to increase the capital stock of the Rail -road 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 the President, Directors and Company of the
Rail-road Bank, are hereby authorized to increase their present
capital stock by an addition of one hundred thousand dollars
thereto, in shares of one hundred dollars each, which shall be paid,
in such instalments, as the president and directors of said bank may
direct and determine : provided, 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 corpora-
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 in to said bank,
shall be returned into the office of the secretary of this Common-
wealth. [March 15, 1834.] Add. act, 1836 ch. 95.

An Act to incorporate the Methodist Episcopal Society in Holliston.

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 P. Jones, Joseph Wood, and Asa Tayn-
tor, their associates and successors, are hereby incorporated as
a religious society, by the name of the Methodist Episcopal So-
ciety in HolHston, with all the powers and privileges, and subject
to all the duties and liabilities by law incident to religious socie-
ties legally established in this Commonwealth.

Sect. 2. Be it further enacted, That said corporation shall
have power to hold and manage any estate, of the value of ten
thousand dollars : provided, the same be appropriated exclusively
to parochial purposes. [March 18, 1834.]

An Act transferring to the Selectmen of the town of Nantucket the powers and duties

of County Commissioners for the county of Nantucket.

BE it enacted by the Senate and House of Representatives, in General Court as-
sembled, and by the authority of the same, That all the powers, authority and du-
ties, which, before the passing of this act, were held and performed by the county com-
missioners in and for the county of Nantucket, are hereby transferred to the selectmen
of the town of Nantucket, as duly elected and qualified from year to year; and all
provisions of law inconsistent herewith, are hereby repealed. [March 18, 1834.]
Add. act, 1835 ch. 64. Repealed 1836 ch. 7.

1834. Chap. 84—89. 446

An Act to incorporate the First Baptist Society in Waterlowu. ChctV, 84

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same, That Joshua Cooledge, George Lavvton and James Persons incor-
Bishop, their associates and successors, are hereby incorporated P"""^^^*^-
as a reh'gious society, by the name of the First Baptist Society
in Watertown, with all the powers and privileges, and subject to
all the duties and liabilities by law incident to religious societies
legally established in this Commonwealth.

Sect. 2. Be it further enacted, That said corporation shall Estate.
have power to hold and manage any estate of the value of ten
thousand dollars : provided, the same be appropriated exclusively
to parochial purposes. [^March 18, 1834.]

An Act to incorporate the Orthodox Congregational Society, in Petersham. C^hnf) 87

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 H. Grosvenor, Alanson Lincoln, and Ar- Persons incor-
temas Wilder, their associates and successors, are hereby incor- P°''ated.
porated as a religious society, by the name of the Orthodox Con-
gregational Society in Petersham ; with all the powers and privi-
leges, and subject to all the duties and liabilities by law incident
to religious societies legally established in this Commonwealth.

Sect. 2. Be it further enacted, That said corporation shall Estate.
have power to hold and manage any estate to the amount of ten
thousand dollars : provided, the same be appropriated exclusively
to parochial purposes. [March 18, 1834.]

An Act to extend the time for liquidating the concerns of the Brighton Bank. C^hnt) 88

BE it enacted by the Senate and House of Representatives, 1827 ch. no.

in General Court assembled, and by the authority of the same, lolq'^^'ln'^

That, in addition to the time allowed by the statute of the year one i833 ch! 174!

thousand eight hundred and thirty -three, chapter one hundred and Further time

seventy-four, the president, directors and company of the Brigh- ^''o^^^^-
ton Bank be allowed the further term of one year to settle and
close their concerns in the manner prescribed by the statute of I8i9ch. 43.
one thousand eight hundred and nineteen, chapter forty-three.
[March 19, 1834.]

An Act to authorize the First Congregational Church in Canton to sell certain lands, f^hfi.'n 39

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 Church in Canton is hereby em- Church empow-
powered to sell a certain tract of land owned by said church, sit- fa,^^^° ^^"
uated in Canton aforesaid, and containing about eight acres ;
and Leonard Everett is hereby authorized to execute a deed to
convey the same to the purchaser, receive the proceeds of such
sale, and pay over the same to the church. [March 19, 1834.]

446

1834.-

•Chap. 90—93.

Chap. 90.

Persons incor-
porated.

Estate.

An Act to incorporate the Proprietors of the Second Congregational Meeting-house,
in Leicester.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Waldo Flint, Isaac Souihgate, and John A.
Smith, their associates and successors, are hereby incorporated
as a religious society, by the name of tlie Proprietors of the Sec-
ond Congregational Meeting-house in Leicester ; with all the
powers and privileges, and subject to all the duties and liabilities
by law incident to religious societies, legally established in this
Commonwealth.

Sect. 2. Be it further enacted, That said corporation shall
have power to hold and manage any estate : provided, the annual
income thereof, exclusive of their meeting-house, do not exceed
one thousand dollars : and provided, also, the same be appropri-
ated only to parochial purposes. [March 19, 1834.]

An Act to incorporate the Methodist Episcopal Society 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 Miron Wight, Thomas Macintosh, and John
Warren, their associates and successors, are hereby incorporated
as a religious society, by the name of the Methodist Episcopal
Society in Dorchester, with all the powers and privileges, and
subject to all the duties and liabilities, by law incident to religious
societies legally established in this Commonwealth.

Sect. 2. Be it further enacted. That said corporation shall
have power to hold and manage any estate, to the value of ten
thousand dollars : provided, the same be appropriated exclusively
to parochial purposes. [March 19, 1834.]

An Act in addition to "An Act to establish the Winnisimmet 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 SO much of " an act to establish the Winnisimmet Bank,"
passed on the twenty-seventh day of March, in the year of our
Lord one thousand eight hundred and thirty-three, as regards the
time within which the stockholders are required to pay in the
capital stock thereof, is hereby repealed ; and the stockholders
of said bank are hereby required to pay in said capital stock within
six months from the passing of this act. [March 19, 1834.]
Add. act, 1835 ch. 34.

Chap. 91

Persons incor-
porated.

Estate.

Chap. 92,

1833 ch. 195.

Chap. 93.

Persons incor-
porated.

An Act to incorporate the Wilberforce Manufacturing and Manual Labor School Com-
pany.

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 .Joshua Easton, Thomas Dalton, Dudley Tid,
William Junior, John B. Cutler, Solomon R. Alexander, Wil-
liam Losson, Joel W. Lewis, Hiram Sewall, and Robert
Wood, and their associates, are hereby incorporated by the name
of the Wilberforce Manufacturing and Manual Labor School
Company, for the purpose of manufacturing iron and other metals,
and leather, and vending the articles manufactured therefrom, and

1834. Chap. 93—95. 447

also for the purpose of establishing in connection with said manu
factory a manual labor and self-supporting school, said manufac-
tory and school to be located in the town of North Bridgewater,
in the county of Plymouth.

Sect. 2. Be it further enacted, That the said corporation Powers and du-
shall have all the powers, and be subject to all the duties and lia- *'^*'
bilities granted and prescribed by an act of this Commonwealth,
passed on the twenty-third day of February, in the year of our
Lord one thousand eight hundred and thirty, entitled " an act de- 1829 ch. 53.
fining the general powers and duties of manufacturing corpora-
tions," and in addition to the powers therein granted, may estab- Manual labor
lish, in connection with said manufactory, a school upon the man- ^'^''^o'-
ual labor and self-supporting system, and may make and ordain
any by-laws necessary for the organization, support and conduct
of said school, not inconsistent with the constitution and laws of
this Conmionwealth : provided, that no appropriation of the funds Proviso.
of said company shall be made for the support of said school,
unless by the unanimous consent of all the members thereof, pres-
ent at a meeting duly convened for that purpose.

Sect. 3. Be it further enacted, That the said company may Real and per-
hold such real estate, not exceeding in value twenty thousand dol- *°"^' estate.
lars, and such personal estate, not exceeding in value thirty thou-
sand dollars, as may be necessary and convenient for the pur-
poses of this act. [March 19, 1834.]

An Act to incorporate the Proprietors of the New tJedford Brass and Iron Foundry. C/httX). 94.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That Charles Wood, Barton Ricketson, Henry B. GifFord, Eli- Persons incor-
hu Wood, and their associates, successors and assigns, are hereby porated.
made a corporation, by the name of the "New Bedford Brass
and Iron Foundry," for the purpose of manufacturing articles of
iron and brass in the town of New Bedford, and county of Bris-
tol ; and for this purpose shall have all the powers and privileges, Powers and du-
and be subject to all the duties and requirements, prescribed 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 1829 ch. 53.
defining the general powers and duties of manufacturing corpora-
tions," with power to hold such real estate, not exceeding ten Real and per-
thousand dollars in value, and such personal estate, not exceeding ^°"*' ^*'^^^-
thirty thousand dollars in value, as may be necessary and con-
venient for the purpose aforesaid. [March 19, 1834.]

An Act to incorporate the Wardens, Vestry and Proprietors of Grace Church, in New /^j q r

Bedford. Ufiap. VO.

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 Pardon T. Mnmford, Joseph R. Shiverick, Persons incor-
and Thomas Nye, Jr., their associates and successors, are here- porated.
by incorporated as a religious society, by the name of the
Wardens, Vestry and Proprietors of Grace Church, in New
Bedford, with all the powers and privileges, and subject to all

448

1834.-

-Chap. 95—97.

Estate.

Chap. 96.

Town may
elect assistant
assessors.

Chap. 97.

Police court es-
tablished.

Jurisdiction in
criminal cases.

— in civil cases.

Writs and war-
rants, where re-
turnable.

the duties and liabilities, by law incident to religious societies
legally established in this Commonwealth.

Sect. 2. Be it further enacted^ That said corporation shall
have power to hold and manage any estate to the amount of forty
thousand dollars : provided, the same be appropriated exclusively
to parochial purposes. [March 19, 1834.]

An Act regulating the Assessment of Taxes in the town of Plymouth.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That the inhabitants of the town of Plymouth may, at their
meeting for the choice of town officers, or at any other meeting
called for that purpose, annually elect three persons to assist the
assessors in taking a list of the polls, in estimating the value of
their personal property, and appraising the value of all real estates
in said town ; and, in case of the death or resignation of any
person so chosen to assist the assessors, the selectmen of said
town are hereby required to call a new meeting of the inhabi-
tants, to choose a suitable person to fill such vacancy. [March
19, 1834.]

An Act to establish a Police Court in the town of 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 there is hereby established, within and for the
town of Taunton, in the county of Bristol, 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
committed within the town of Taunton, 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 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, and consistent with
such powers and authority. And said court shall also have
original jurisdiction of all civil suits and actions of which justices
of the peace, in said county, may, or siiall have cognizance, in
concurrence with said justices, and original and exclusive juris-
diction of all such suits and actions where the plaintifi'and defend-
ant reside in said town of Taunton, and service of the writ is
had on the defendant in said county ; and an appeal shall be al-
lowed from all orders, decrees and judgments of 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 council or
attorney to any party in any matter or thing whatsoever, which
may be pending in said court.

Sect. 2. Be it further enacted. That all writs and warrants
issued by said court, or by any justice of the peace within said

1834. Chap. 97. 449

town, in all cases whereof said court has, by this act, exclusive
jurisdiction, 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 to said justice, unless it
shall appear, on the examination or hearing before said court,
that there was reasonable cause for his issuing said warrant, in
which case such fees, costs and charges shall be allowed and
taxed in like manner as if the said warrant had been issued by a
justice of the peace, according to the laws now in force.

Sect. 3. Be it further enacted, That said justice be, and Justice author-
he is hereby authorized, when he shall deem it advisable, to persons *to"the
commit all persons being inhabitants of said town, and convicted workhouse.
by said court of offences described in the second section of the
statute of one thousand seven hundred and eighty-seven, chapter 1787 ch. 54.
fifty-four, to the workhouse in said town, instead of the house of
correction, as is now required, and for the same time that they
may be committed to the house of correction, to be kept and
governed in said workhouse according to the rules and regulations
which are, or may be legally established for the government of
said house, and at the expense of said town.

Sect. 4. Be it further enacted, That it shall be lawful for May discharge
the justice of said court, at his discretion, to discharge any person p%oned°for'™'
from imprisonment who shall have been confined under sentence fine and costs
of any court, for three months or inore, for no other cause than ^^^'
non-payment of fine and costs, when it shall be made to appear
to him that such person is unable to pay said fine and costs.

Sect. 5. Be it further enacted, That the justice of said Justice's fees,
court shall be entitled to demand and retain, for his own use, out
of all monies received by him, such fees as by law might be de-
manded and retained in the like case, by a justice of the peace,
in full compensation for all services assigned to him by the pro-
visions of this act.

Sect. 6. Be it further enacted, That all fines and forfeitures, Fines,
and all costs in criminal prosecutions, which shall be received by,
or paid into the hands of the justice of said court, shall be by
him accounted for, and paid over to the same persons, in the
same manner, and under the same penalties for neglect, as are
by law prescribed in the case of justices of the peace, and all
costs in such prosecutions not thus received, shall be made up,
taxed, certified and allowed, and shall be paid and satisfied in
like manner as provided by law in cases of justices of the peace.

Sect. 7. Be it further enacted. That a court shall be Court, when to
held by said justice, on two several days of each week, at ten ''^''^l^-
of the clock in the forenoon, and as much oftener as may be
necessary, to take cognizance of crimes, offences and misdemea-
nors, and on one day in each fortnight, and as much oftener 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 conducting the busi-
ness thereof.

VOL. VII. 57

450 1834. Chap. 97.

Justice to keep Sect. 8. Be it further enacted, That the justice of said
a record of all court shall keep a fair record of all proceedings in said court,
specifying all justices' fees, all officers' and witnesses' fees, and
all fines by him imposed, and the money received thereon, and
shall make 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, or may hereafter be by law required to do ; and
he shall also exhibit said record annually, in the month of March,
to the selectmen of the town of Taunton, and the clerk of the
supreme judicial court for the county of Bristol.
Act not to affect Sect. 9. Be it further enacted, That all suits, actions, and
pending.*^" """^ prosecutions, which shall be instituted and pending before any
justice of the peace within said town, when this act shall take
effect, shall be heard and determined as if this act had not been
passed.
Governor to ap- Sect. 10. Be it further enacted, That there shall be ap-
point two spe- pointed by the governor, pursuant to the constitution, two special
justices of said court ; and whenever it shall happen that the jus-
tice of said court shall be a party, or interested in any suit or
prosecution cognizable by said court, or be akin to either party
therein, or shall, from any cause, be unable to attend said court,
or hear and determine any matter or thing pending therein, the
cause shall be assigned on the record, and the court may and
shall be holden, and its jurisdiction exercised, by one or both of
said special justices ; and the said special justices shall be paid
for their 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.
Adjoining towns Sect. 11. Be it further enacted, That whenever the inhab-
niay be annex- Jtants of any of the towns in the county of Bristol, adjoining the
pose°of forming town of Taunton, shall, at a legal town meeting holden for that
one judicial dis- purpose, express their desire to be annexed to the town of Taun-
ton, for the purposes of this act, and shall signify said desire to
the governor, then, and in such case, said towns, or either of
them so expressing their desire, shall, together whh the town of
Taunton, constitute one judicial district, to be called the district
of Taunton, and the said court shall have the same jurisdiction in
aU respects, within such judicial district, that are [is] conferred
upon it by the provisions of the first section of this act, within the
town of Taunton.
Act, when to Sect. 12. Be it further enacted, That this act shall go into

take effect. operation from and after the first day of July next, unless the
said town of Taunton shall, at a legal meeting called for that pur-
pose, refuse to accept the same, and shall signify said refusal to
the governor, on or before the fifteenth day of April next ; and
the governor shall have power, by and with the advice and con-
sent of the council, to appoint said justice and special justices, at
any time after the said fifteenth day of April next.
Repeal. Sect. 13. Be it further enacted. That all acts and parts of

acts, so far as they are inconsistent with the provisions of this
act, are hereby repealed. [March 21, 1834.]

1834. Chap. 98. 451

An Act in further addition to " An Act to incorporate the Massachusetts Horticultural ^A/y*) QQ

Sect. 1. BE it enacted by the Senate and House of Repre- HH'^blf
sentatives^ in General Court assembled, and by the authority of
the same, That any person who shall wilfully destroy, mutilate, Penalty for
deface, injure or remove any tomb, monument, erave-stone, or """'''ating or

'J •' /'111 r destroying any

other structure placed m memory ot the dead ; or any ience, tomb, monu-
railing, or other work for the protection or ornament of any tomb, ™®''*' *^'^*
monument, grave-stone, or other structure aforesaid, or of any
cemetery lot, within the limits of the garden and cemetery of
Mount Auburn, in the county of Middlesex ; or shall wilfully
destroy, remove, cut, break or injure any tree, shrub or plant,
within the limits of the said garden and cemetery, or shall shoot Penalty for dis-
or discharge any fire-arm within the said limits, he shall be deem- ^^l^^^ *°^
ed guilty of a misdemeanor, and shall, upon conviction thereof
before any justice of the peace, or other court of competent ju-
risdiction, be punished by a fine not less than five dollars, nor
more than fifty dollars, according to the nature and aggravation of
the offence : and such offender shall also be liable in an action of
trespass, to be brought against him in the name of the Massachu-
setts Horticultural Society, to pay all such damages as shall have
been occasioned by his unlawful act or acts, which money, when
recovered, shall be applied by the said society, under the direc-
tion of the garden and cemetery committee, to the reparation and
restoration of the property destroyed or injured as above ; and
members of the said society shall be competent witnesses in such
suits.

Sect. 2. Be it further enacted, That any person owning a Membership,
cemetery lot, containing not less than three hundred square feet,
shall be a member of the Massachusetts Horticultural Society so
long as he continues to own the same. And upon the death of
any such proprietor, the devisee of such lot, or the heir at law,
as the case may be, shall be entitled to all the privileges of mem-
bership as aforesaid ; and if there be more than one devisee or
heir at law of such lot, the garden and cemetery committee of the
said society, for the time being, shall designate which of the said
devisees or heirs at law shall represent the said lot, and vote in
the meetings of the society, which designation shall continue in
force, until, by death, removal, or other sufficient cause, another
shall become necessary ; and in making such designation, the said
committee shall, as far as they conveniently may, give the prefer-
ence to males over females, and to proximity of blood, and se-
niority of age, having due regard, however, to vicinity of resi-
dence.

Sect. 3. Be it further enacted, That it shall be lawful for Society maj^ re-
the said society to take and hold any grant, donation, or bequest *^^'^^ donations

P •' 1 I • 1 > 1 ^ . "Pon 'rust, (fcc.

01 property upon trust, to apply the mcome thereol, under the
direction of the garden and cemetery committee, for the improve-
ment or embellishment of the said cemetery, or of the garden
adjacent thereto, or of any buildings, structures, or fences, erect-
ed, or to be erected upon the lands of the society, or of any

462

1834..

-Chap. 98—100.

Chap \00.

Names chang-
ed. ^

Suffolk.

Essex.

individual proprietor of a lot in the cemetery, or for the repair,
preservation or renewal of any tomb, monument, grave-stone,
fence or railing, or other erection in or around any cemetery lot,
or for the planting and cultivation of trees, shrubs or plants, in or
around any cemetery lot, according to the terms of the grant or
bequest. And the supreme judicial court, and any other court
having equity jurisdiction, shall have power to compel the due
performance of the said trusts, upon a bill filed by a proprietor
of any lot in the said cemetery. [March 21, 1834.]

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 samCy
That Luther Faulkner 2d., of Boston, may take the name
of Luther Winthrop Faulkner ; that Ephraim Skerry, of Bos-
ton, may take the name of George Beals Hanover ; that
Francis Skerry, of Boston, may take the name of Samuel Black-
len Hanover ; that Richard James Galley Prentiss, of Boston,
may take the name of Henry James Prentiss ; that Ann Rand
More, of Boston, may take the name of Ann Louisa Callender ;
that Gharles Bridge, of Boston, a minor, may take the name of
William Smith Rowson ; that Alven Glement Gowell, of Bos-
ton, may take the name of Alven Glement Goell ; that William
Cunningham, of Boston, may take the name of Theodore Will-
iam Cunningham ; that Isaiah Atkins, of Boston, may take the
name of Isaiah Malcolm Atkins ; that John Joy, of Boston, may
take the name of John Benjamin Joy ; that Richard Roberts
Skimmer, of Boston, may take the name of William Henry
Otis ; that John Temple Winthrop, of Boston, may take the
name of John Temple James Bowdoin ; that Thomas Vose, of
Boston, may take the name of Thomas Baker Vose ; that Wil-
liam Keith, of Boston, may take the name of William Henry
Keith ; that Simon Gillpatrick, of Boston, may take the name
of Simon Gill ; that Lucy Peterson, of Boston, may take the
name of Lucy Adeliza Hewet Peterson ; that Lucy Mcintosh,
of Boston, may take the name of Lucy Fiske Mcintosh ; that
Daniel Fornis, a minor son of Sally Fornis, of Boston, may take
the name of Daniel Thorndike Smith ; that Simon P. Wiggin,
of Boston, may take the name of James S. Wiggin ; that Na-
thaniel Williams, of Boston, may take the name of Frederick
G. Williams ; that Marion Smith, of Boston, may take the name
of Marion Smith Livermore ; that Henry Smith, a minor son of
the said Marion Smith, may take the name of Henry Smith
Livermore ; that John Clark, of Boston, may take the name of
John Canque ; that his two minor sons, viz : John and Francis,
may severally take the surname of Canque ; that Jonathan Champ-
ney, of Boston, may take the name of John Champney ; and
that Hezekiah Hartley Wright, of Boston, may take the name of
Hartley Hezekiah Wright ; all of the county of Suffolk.

That Catharine Judith Poor Tenney, of West Newbury, a
minor, may take the name of Catharine Tenney Little ; that

1834. Chap. 100. 453

Albert Rich, of Lynn, a minor, may take the name of Allen
Smith Rich ; that Eliza Treadwell, a minor daughter of Eliza
Treadvvell, of Ipswich, may take the name of Eliza White Tread-
well ; that Lydia Ann Farnum, a minor daughter of Jerre Far-
num, of Andover, may take the name of Lydia Ann Lewis ; that
Lucy Tenney, of Rowley, may take the name of Lucy Harriet
Tenney ; that George Haycock, of Rowley, may take the name
of George Cummins ; that Eliza Haycock, wife of the said
George Haycock, that his mJnor daughters, viz : Elizabeth Ap-
pleton and Martha Eliza, may severally take the surname of
Cummins ; also, that Dolly Ann Palmer Haycock, a minor
daughter of the said George Haycock, may take the name of
Dolly Ann Palmer Cummins ; that David Hood, of Topsfield,
may take the name of Wesley de la Fletcher Hood ; that Sally
Chase Bailey Carr, of West Newbury, may take the name of
Sarah Wyman Carr ; that John March, of Newbury, may take
the name of John Charles March ; that William F. Vickery, of
West Newbury, may take the name of William F. Loring ; that
Jane Veazey, of Newburyport, may take the name of Jane Lunt ;
that John Russell, of Marblehead, may take the name of John
Hickman Russell ; that WiUiam Dove, of Marblehead, may take
the name of William Curtis Anthony, and that Hannah Dove,
the wife of the said William Dove, may take the name of Han-
nah Anthony ; that William Dodge, 3d., of Beverly, may take
the name of William Franklin Dodge ; and that Orlando Sargent,
3d., of Amesbury, may take the name of Orlando Howard Sar-
gent ; all of the county of Essex.

That James Gillpatrick, of Watertown, may take the name of Middlesex.
James Gill ; that Eliza Gillpatrick, the wife of the said James
Gillpatrick, his minor daughter Mary Ann, and his minor son
George, may severally take the surname of Gill ; that Edmund
Burpee, of Lowell, may take the name of Edmund Howes Ken-
dall ; that Henrietta Maria Sparhawk Burpee, wife of the said
Edmund Burpee, and his minor son Edmund Howes, may sev-
erally take the surname of Kendall ; that Betsey Farnsworth,
wife of William J. Farnsworth, of Charlestown, may take the
name of Caroline Augusta Farnsworth ; that Sarah Bradish
Ayer, of Charlestown, a minor, may take the name of Sarah
Eliza Ayer Jackson ; that Elhanan Dean Bryant, a minor son of
Ann Bryant, of Charlestown, may take the name of Dean Per-
ham Bryant; that Edward Brown, of Charlestown, may take the
name of Edward Wyer Brown ; that Samuel Frost Arnold, of
Framingham, may take the name of Samuel Frost ; that John
Smith, a minor son of Jesse Smith, of Chelmsford, may take
the name of John Henry Smith ; that Mitty Perry, of Framing-
ham, may take the name of Elizabeth Ann Perry ; that William
McLane, of Cambridge, may take the name of William Sinclair
Thompson ; that Eben William Sage Stevens, a minor son of
Thomas Holdup Stevens, of Charlestown, may take the name of
Eben William Sage ; all of the county of Middlesex.

That Lois Crouch, of Bolton, may take the name of Lois Worcester,

454 1834. Chap. 100.

Elizabeth Nelson ; that John Smith, of West Boylston, may take
the name of Austin Denny ; that Milton J. Adams, of Wor-
cester, may take the name of Sewel Hawes ; that James P.
Twitchell, of Westminster, may take the name of James P. Ap-
pleton ; and that his wife, Emily C, may take the name of
Emily C. Appleton ; that Betsey Reed Joslin, of Leominster,
may take the name of Elizabeth Marion Reed Joslin ; that La-
vinah Crouch, of Bolton, may take the name of Mary Lavinah
Nelson ; that Amos Pierce, of Sutton, may take the name of
Charles Amos Pierce ; that Mary W. Howe, of Grafton, may
take the name of Mary W. Putnam ; that James Henry Alexan-
der Deland, of North Brookfield, may take the name of Henry
Deland ; that George Fornis, of Holden, a minor son of Sally
Fornis, may take the name of George Howard Smith ; that Enos
Babcock, of Fitchburg, may take the name of Eneas Alson Mar-
shall ; that David Rice Babcock, of Fitchburg, a minor, may take
the name of David Rice Marshall ; that Alexander James Dallas
Brown, of Southbridge, may take the name of Alexander James
Dallas ; that Sally Walker, of Hardwick, may take the name of
Susan Walker ; that Adelaide MaryFiske, of Spencer, may take
the name of Adelaide Mary Green ; that Harlow Fisher Skinner,
of Princeton, may take the name of Harlow Skinner ; that Al-
den Briggs, of Grafton, may take the name of John Briggs ; that
Hezekiah Harris, of Princeton, may take the name of Charles
Hamilton Davis ; that Samuel Francis, of Lunenburg, may take
the name of Franklin Samuel Francis ; all of the county of Wor-
cester.

Hampshire. That Marshall Comee Moody, of Granby, may take the name

of Marshall Heman Moody ; that Chester Cowles, 2d., of Am-
herst, may take the name of Chester W. Cowles ; that Wright
Dickenson, of Amherst, may take the name of Edward Wright
Dickenson ; that Charles Sinkler Brakenridge, of Ware, may
take the name of William Sinkler Brakenridge ; all of the county
of Hampshire.

Franklin. That Meshack Wilbur, of Warwick, may take the name of

Priest Wilbur ; that David Wood, of Hawley, may take the
name of David Hough Wood ; that Sarah Ann Renough, of
Hawley, a minor, may take the name of Sarah Ann King ; that
Africa Gates, of Wendell, may take the name of Edmund Gates ;
that Relief Wells, of Bernardstown, may take the name of Mary
Gould ; that James Kilton, of Buckland, may take the name of
James Carlton ; that Hannah Kilton, wife of the said James Kil-
ton, that his minor son, William Augustus Leverit, and his minor
daughters, Mary Elizabeth, Sabra Willis and Jane Lurissa, may
severally take the surname of Carlton ; that Norman Marsh of
Sunderland, may take the name of Norman Homer Marsh ; that
Meroe Porter, of Leverett, may take the name of Lucy Meroe
Porter ; that Harriett Shepard, a minor daughter of Amos Shep-
ard, of Buckland, may take the name of Harriet Asenath Shep-
ard ; all of the county of Franklin.

1834. Chap. 100. 455

That Isaac Gray, of New Bedford, may lake the name of Isaac Bristol.
Henderson Gray ; that John Fillebrown, of Taunton, may take
the name of John Brown ; that Joanna Fillebrown, wife of the said
John Fillebrown, and his minor daughter, Susan, and his minor
sons, John, Calvin, and Seth Henry, may severally take the
surname of Brown ; that Benjamin Weaver, of Fall River, may
take the name of Charles Benjamin Weaver ; that William F.
Jones, of Taunton, may take the name of William Jones ; that
William Allen of New Bedford, may take the name of William
Marion Allen ; that James Foster, Jr., of Attleborougb, may
take the name of James Sullivan Foster ; all of the county of
Bristol.

That Nathaniel Webster, of Dorchester, may take the name Norfolk.
of Nathaniel Francis Webster ; that Ichabod Holbrook, of Dor-
chester may take the name of Clarendon Gorham Holbrook ;
that St. Medard Holbrook, of Dorchester, may take the name of
George Holbrook ; that Joanna Bates, of Cohasset, a minor
daughter of Samuel Bates, may take the name of Joanna Nichols
Bates ; that Charles George Glover, a minor son of Stephen
Glover, of Roxbury, may take the name of George Stephen
Glover ; all of the county of Norfolk.

That Polly Bardwell Nash, a minor daughter of Luke Nash, Plymouth.
Jr., of Abington, may take the name of Emeline Hamilton
Nash ; that Dennis Snow, of Rochester, may take the name of
Jackson Snow ; that Mercy Thompson, of Halifax, may take
the name of Mercy Tillson ; all of the county of Plymouth.

That Hosea C. Bancroft, of Stock bridge, may take the name Berkshire,
of George C. Bancroft ; that Partridge Snow, of Becket, may
take the name of Seneca Lorenzo Snow ; all of the county of
Berkshire.

That Moses Chapman Elliot, a minor son of Francis Elliot, Hampden,
of Springfield, may take the name of William Henry Elliot ; that
Wilson Hamilton Hoar, of Brimfield, may take the name of Wil-
son Homer ; that David Hoar, of Springfield, may take the
name of David Hobart ; that his wife, Mabel Maria, and his son
David Parsons, may severally take the surname of Hobart ; all
of the county of Hampden.

That John Geyer, of Chilmark, may take the name of John Duke's County.
Hayden ; that Lucretia Geyer, wife of the said John Geyer, his
minor daughters, Mary D., Sarah, Elizabeth, Lucretia and Caro-
line, and his minor son, John, may severally take the surname of
Hayden ; all of the county of Dukes County.

And the several persons herein mentioned are hereby author-
ized to take, and hereafter be known by the respective names,
which by this act they severally are authorized to assume.
[March 22, 1834.]

456

1834..

-Chap. 101—102.

ChapW]

Persons incor-
porated.

Powers and
duties.

1817 ch. 120.
1819 cii. 141.
1832 ch. 95.

Real estate.

Capital stock.

[Time for pay-
ing in capital
extended, 1835
ch. 57, 1836 ch.
150.]

An Act to incorporate the India 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 Josiah Marshall, Benjamin Burgess, and Abijah
Patch, and their associates and successors, are hereby made
a body pohtic, by the name of the India Fire and Marine In-
surance Company, to be located in the city of Boston, for the
purpose of making maritime loans, and insurance against maritime
losses, and losses by fire, in J,he customary manner, with all the
privileges, and subject to all the duties and obligations, contained
in the one hundred and twentieth chapter of the statutes of eighteen
hundred and seventeen, and in the one hundred and forty-first
chapter of the statutes of eighteen hundred and nineteen, and also
the ninety-fifth chapter of the statutes of eighteen hundred and
thirty-two, for and during the term of twenty years after the pass-
ing of this act.

Sect. 2. Be it further enacted, That said corporation may
purchase, hold and convey any estate, real or personal, for the
use of said company : provided, that the real estate shall not ex-
ceed 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. 3. 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, and shall all be
collected and paid in, in such instalments, and under such pro-
visions and penalties, as the president and directors of said com-
pany shall order and appoint. [March 25, 1834.] Add. acts,
1835 ch. 57 : 1836 ch. 150.

Chap 102.

Thompson's
island to be an-
nexed to the
city of Boston.

Provisos.

Taxation.

An Act to set off Thompson's Island from the town of Dorchester, and to annex the
same to 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 Thompson's Island, lying in the harbor of Bos-
ton, and heretofore a part of the town of Dorchester, with the in-
habitants thereon, is hereby annexed to the city of Boston, in the
county of Suffolk ; and said island shall hereafter be considered
and deemed to be a part of the city of Boston : provided, that
the said island shall revert to the town of Dorchester, in one year
after it shall cease, by the voluntary act of the proprietors, to be
used for the purposes of a farm school, or other charitable public
purposes, and shall be appropriated to any other use : and pro-
vided, also, that nothing in this act contained shall destroy or af-
fect any lawful right that the inhabitants of the said town of Dor-
chester may now have, to dig and take clams on the banks of
said island.

Sect. 2. Beit further enacted, That said island shall be ex-
empted from taxation, so long as it shall continue to be appropri-
ated to the use of the Boston Farm Schpol, or to any similar
public charity. [March 25, 1834.]

1834. Chap. 104—106. 457

An Act iu addition to " An Act establishing the Sandy Bay Pier Company." CfldV 1 04).

Sect. 1. BE it enacted by the Senate and House of Repre- isioch. 77.
sentatives; in General Court assembled, and by the authority of 1832 ch. 9i.
the same, That the estate, property and shares of the Sandy Bay Value of the
Pier Company, exclusive of any estate and property, which may s.'b.V.'^Co*
have been taken by said corporation, by virtue of " an act in ad- i832ch. 91.
dition to an act esiabhshing the Sandy Bay Pier Company,"
shall be fixed and taken to be of the value of thirty-two thousand
dollars, and shall be brought into a common stock with the new
shares created under the last mentioned act, at the said sum of
thirty-two thousand dollars, as fully, to all intents and purposes,
as if the same had been appraised at said sum, pursuant to the
provisions of the fourth section of said last mentioned act.

Sect. 2. Be it further enacted. That the buildings heretofore Division of

. ' '— ' income*

made by said Sandy Bay Pier Company are hereby confirmed
to said corporation, and the income hereafter arising from the
same shall be divided among the old and new stockholders and
proprietors, in such manner as has been agreed upon, at a meet-
ing of said corporation holden on the eighth day of March, in the
year of our Lord eighteen hundred and thirty-four.

Sect. 3. Be it further enacted, That the fourth and fifth sec- Repeal,
tions of the act entitled "an act in addition to an act establishing
the Sandy Bay Pier Company," are hereby repealed. \_J\larch
25, 1834.]

An Act to alter the Act to incorporate the Newton and Watertown Universalist So- (JJidT) 105.
ciety. ■'^

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 second section of an act passed March 3d, Repeal.
1827, as authorizes the Newton and Watertown Universalist So-
ciety to assess a tax on their pews for the support of public wor-
ship, is hereby repealed. [March 25, 1834.]

An Act to incorporate the Second Parish in Granby. C^hflTi 1 Of)

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 Perez Cook, Jr., Edward Smith, Harvey W. Persons incor-
Gridley, and their associates, known as the second religious soci- porated.
ety in Granby, are, with their successors, hereby incorporated as
a religious society, by the name of the Second Parish in Granby ;
with all the powers and privileges, and subject to all the duties
and liabilities, by law incident to religious societies, legally estab-
lished in this Commonwealth.

Sect. 2. Be it further enacted. That said corporation shall Estate,
be deemed and taken to be successor to said second religious so-
ciety, and as such shall be authorized to receive and hold all
property belonging to the same, and shall also have power to hold
and manage any other estate to the amount of five thousand dol-
lars : provided, the same be appropriated exclusively to parochial
purposes. [March 25, 1834.]

VOL. VII. 58

458

1834.-

-Chap. 107—110.

Chap 101.

Persons incor-
porated.

Powers.

1833 ch. 83.

Real and per-
sonal estate.

Chap 109.

Persons incor-
porated.

Powers and
duties.

1829 ch. 53.

Real and per-
sonal estate.

Chap WO.

1799 ch. 79.
(v. 2. p. 376.)

1812 ch. 138.

1813 ch. 64.

Persons incor-
porated.

An Act to incorporate the Society of the Sons of Dummer Academy, in Newbury.

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, Jacob Gerrish and Daniel Adams, their
associates and successors, are hereby made a corporation, by the
name of the Society of the Sons of DummerAcademy, with
all powers and privileges, and subject to all the liabilities and
requirements, contained in the statute of one thousand eight hun-
dred and thirty-three, chapter eighty-third, with power also to
hold real and personal estate, to an amount not exceeding five
thousand dollars, to be appropriated exclusively to the promo-
tion of education and moral improvement in Dummer academy.
[March 25, 1834.]

An Act to incorporate the Boston Sugar Refinery.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That John Brown, Richard Soule, and George Hal-
lett, their associates, successors and assigns, are hereby made a
corporation, by the name of the Boston Sugar Refinery, for the
purpose of manufacturing and refining sugar, in the city of Bos-
ton, in the county of Suffolk, and with authority to buy and sell
sugar, and all articles and things necessary and proper to be used
in the manufacture and refining of sugar, and with all 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 hundred and thirty,
entitled " an act defining the general powers and duties of man-
ufacturing corporations."

Sect. 2. Be it further enacted, That the said corporation
may take and hold such real estate, not exceeding in value sev-
enty thousand dollars, and such personal estate, not exceeding
in value the sum of one hundred and eighty thousand dollars, as
may be suitable and convenient for carrying on the manufactures
and business aforesaid. [March 25, 1834.]

An Act to incorporate the Proprietors of Fresh Pond Meadows, in Cambridge, Wa-
tertown, and West Cambridge.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Thomas Brewer, Samuel Watson, and John
Davenport, and others, proprietors of meadows in the towns of
Cambridge, Watertown, and West Cambridge, in the county of
Middlesex, on the borders of Fresh Pond, and Little Spy Pond,
and above Menotomy bridge, on the streams running from said
ponds, overflowed and injured in consequence of the obstruc-
tions to the passage of the water in said streams, and by the set-
ting back of the current of said streams, in consequence of the
rising of the tide in Medford River, their heirs and assigns of the
said premises, be, and they hereby are made a body corporate,
by the name of the Proprietors of Fresh Pond Meadows ; for
the purpose of removing the obstructions in said streams, open-

1834. Chap. 110. 459

ing such drains as may be deemed necessary, and constructing a
diice and gate, at or below Russell's bridge, on the stream run-
ning from said ponds, and for the purpose of shutting out the
tide from said meadows, and apportioning and collecting assess- Assessments,
ments on the said proprietors, in proportion as they shall be ^*^-
respectively benefited by such improvements, for the purpose of
defraying the expenses of the same ; with power to make by-
laws, to choose a clerk, treasurer, committees, assessors, col-
lectors of taxes, commissioners, and other officers and agents,
as may be necessary and proper for carrying into effect the pur-
poses of this act ; and such committees, assessors, or commis-
sioners, as may be appointed for the levying and apportioning of
assessments upon said proprietors, shall be sworn by some jus-
tice of the peace within said county of Middlesex, to the faithful
performance of their duties.

Sect. 2. Be it further enacted, That, in case any of said Delinquent's
proprietors shall, for sixty days after demand thereof, neglect to soWa^t Taction,
pay his, her or their proportion of any assessment made in pur-
suance of this act, for the purposes aforesaid, the collector or
treasurer of said proprietors, or such committee, or other officers
or agents of said proprietors, as may be authorized by them for
this purpose, shall sell at public auction, after giving reasonable
notice of such sale, such quantity of the meadow belonging to
such delinquent proprietor or proprietors, as shall be deemed
sufficient by such treasurer or collector, committee, or other
officer or agent authorized as aforesaid, to satisfy such assess-
ment, and pay all necessary expenses incidental to such sale ;
and the said collector or treasurer, or such other officer or com-
mittee, or agent of said proprietors, being authorized for the pur-
pose by said proprietors, shall convey by deed, the meadow so
sold ; which deed, duly executed, shall give a valid title to the
grantee of the portion of said meadows so sold and conveyed,
subject, however, to the right of the proprietor or proprietors
thereof, to redeem the same within one year from the sale there-
of, by paying the amount of such purchase money, and the inter-
est therefor, to the purchaser, his heirs, assigns, or other legal
representatives ; and the surplus of the proceeds of such sale,
over the amount of the assessment, and expenses of such sale,
shall be paid over by the said collector or treasurer, or other
officer, agent or committee, making the sale, to the delinquent
proprietor or proprietors of the estate thus sold.

Sect. 3. Be it further enacted, That the said gate shall be Time for keep-
kept open for the free passage of fish up and down said stream, '"Sga'eopen.
from the first day of March, to the fifteenth day of June, in each
year, and for such further time as the court of common pleas in
said county, on giving the parties interested reasonable notice
and hearing, on the application of the selectmen of Cambridge,
or West Cambridge, for that purpose, may direct, in case the
time above specified shall be found insufficient for the passage of
shad and alewives to and from said ponds.

Sect. 4. Be it further enacted, That, if any person shall

460

1834..

-Chap. 110—113.

Penalty for in-
juring gate or
dike.

When and how
this act shall
take effect.

wilfully destroy, break down, remove, or injure said gate or dike,
the person or persons, so offending, shall forfeit and pay a sum
not less than twenty dollars, nor more than one hundred dollars,
to be sued for and recovered before the court of common pleas
in said county, one half to the use of the complainant, the other
half to the use of said proprietors.

Sect. 5. Be it further enacted, That this act shall be in
force only in respect of such of the proprietors aforesaid as shall
signify their assent thereto, in writing, or by voting therefor, at a
meeting of said proprietors, duly called in the manner prescribed
by law for calling the meetings of corporations ; and, upon such
adoption of this act, all acts heretofore passed to incorporate the
proprietors of said meadows, for the purpose aforesaid, and the
acts in addition thereto, shall cease to be in force. [March 25,
1834.]

ChttT) 111. ^^ ^^"^ *° alter the Act to incorporate the Port Society of the city of Boston and vi-
■* * cinity.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That, at all future meetings of the managers of the Port Society
of the city of Boston and vicinity, five shall constitute a quorum
for doing business, any thing in the act to which this is in addi-
tion to the contrary notwithstanding. [March 25, 1834.]

1828 ch. 90.
1832 ch. 104,

Quorum.

ChaplU.

Persons incor-
porated.

Trustees em-
powered to con-
vey land.

Estate.

ChapUS.

Persons incor-
porated.

An Act to incorporate the Phillips Church Society 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 Ebenezer Hayward, Jeremy Drake and Jacob
Pike, their associates and successors, are hereby incorporated as
a religious society in the city of Boston, by the name of the
Phillips Church Society, with all the powers and privileges, and
subject to all the duties and liabilities, by law incident to religious
societies legally established in this Commonwealth,

Sect. 2. Be it further enacted. That the present trustees
of the meeting-house, situated at the junction of A street and
Broadway, in that part of the city of Boston called South Bos-
ton, or such of them as may be now resident in this Common-
wealth, are hereby authorized to release and convey to said cor-
poration all the real estate held by them as trustees, and the same
shall vest, upon such conveyance, as an absolute estate in said
corporation.

Sect. 3. Be it further enacted. That said corporation shall
have power to hold and manage any estate, the annual income of
which, exclusive of their meeting-house, shall not exceed two
thousand dollars : provided, the same be appropriated only to
parochial purposes. [March 25, 1834.]

An Act to incorporate the Proprietors of Byefield Meeting-house.

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 Putnam Perley, Daniel Hale and James Pea-
body, their associates and successors, are hereby incorporated.

1834. Chap. 113—115. 461

by the name of the Proprietors of Byefield Meeting-house, with
all the powers and privileges, and subject to all the duties and
liabilities, to which similar corporations are subject by the con-
stitution and laws of this Commonwealth.

Sect. 2. Be it further enacted, That said corporation shall Estate,
have power to hold and manage any estate, to the amount of five
thousand dollars : provided, the same be appropriated exclusively
to parochial purposes.

Sect. 3. Be it further enacted, That any proprietor in said Right of voting
meeting-house shall have a right to act and vote by proxy, at any
meeting of said proprietors, in case such proprietor should not
attend the same in person ; but no proprietor, whether of one or
more pews, shall, in any case, be entitled to more than one vote,
either in person or by proxy ; and in case a pew be owned by
two or more persons, only one of them shall be entitled to vote
by virtue of such ownership. [JMarch^b, 1834.]

An Act authorizing- Judah Paddock and others to build a Bridge in Dennis. ^j 1 1 a

BE it enacted by the Senate and House of Representatives, P

in General Court assembled, and by the authority of the same,
That Judah Paddock and Asa Shiverick, toffether with their as- t, ,

, I I • 1 1 "I 1 rersons incor-

sociates, successors and assigns, are hereby authorized to build a porated.
bridge over Sesuit creek, in the town of Dennis, from the
meadow lands of Judah Paddock, on the south of said creek, to
the meadow land of Asa Shiverick, on the north of said creek :
provided, said bridge be built within four years from the passing Proviso,
of this act, and the width be not less than twelve feet, and the
under part thereof not less than three feet above high water mark,
at a common course of high tides. [J\Iarch 25, 1834.]

An Act to incorporate the Lewis Wharf Company in the city of Boston. Chfin 11^

Sect. 1. BE it enacted hy the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That John Binney, Samuel S. Lewis and George Persons incor-
Hallett, their associates and successors, are hereby made a cor- P"'"^'ed.
poration, by the name of the Lewis Wharf Company, with power
to hold, in fee simple or otherwise, all or any part of that real Real estate,
estate situate in said city of Boston, including Lewis' wharf and
Hancock's wharf, and bounded and described as follows, viz :
northwesterly by Ann street, northeasterly by the northeasterly
side of Fleet street, and the southwesterly side of Snow's wharf,
formerly called Scarlet's wharf, extended into the harbor channel,
southwesterly by Commercial street and the land and wharf of
the Commercial wharf company, extended into the said channel,
and northerly, easterly and southerly by a line or lines in said
channel as far northerly, easterly and southerly as said Lewis'
wharf or said Hancock's wharf may be lawfully extended ; and
said company may, within the limits aforesaid, construct docks
and wharves, lay vessels within and at the ends and sides thereof,
and receive dockage and wharfage therefor, erect buildings, lay
out streets and passage ways, and improve and manage said prop-

462

1834.-

-Chap. 115—116.

Proviso.

Number of
shares.

Assessments,
&c.

Right of voting

erty, as to them shall seem expedient : provided^ that nothing
herein contained shall be understood as authorizing said corpora-
tion in any way to interfere with the legal rights of any person or
persons whomsoever.

Sect. 2. Be it further enacted, That said corporation may,
at any legal meeting, agree upon the number of shares, not ex-
ceeding five hundred, into which their stock shall be divided,
which shares shall be transferable in a book kept by their clerk
for that purpose, may assess on the stockholders such sums of
money, from time to time, not exceeding in the whole two thou-
sand dollars on each share, as may be necessary for the purchase,
improvement and management of their estate, and may, in case
any stockholder shall neglect to pay any such assessment, cause
such of the shares of said stockholder, as may be sufficient there-
for, to be sold at public auction to the highest bidder, first giving
thirty days notice of said sale, by advertisement thereof, in one
or more newspapers printed in said Boston ; and, after deducting
the amount of such unpaid assessment, and the charges of sale,
the surplus, if any, shall be paid to said stockholder, and the pur-
chaser of such share or shares shall be entitled to receive a certi-
ficate of the same.

Sect. 3. Be it further enacted, That, in all meetings of the
members of said corporation, each proprietor shall be entitled to
one vote for each share by him held of said stock, but no one pro-
prietor shall ever be entitled to more than ten votes : provided^
alivays, that no assessment shall be made at any meeting, unless
agreed to by two thirds at least both in number and value of those
proprietors present and represented, nor unless notice of the pur-
pose of such meeting shall have been given ten days at least
previous thereto, in the manner prescribed by the by-laws ; and
absent members may vote by proxy authorized in writing.
[March 25, 1834.] Add. act, 1835 ch. 76.

Chap] 16.

Extension of
wharf author-
ized.

Proviso.

An Act authorizing Nathaniel Vinal and others to extend their Wharf.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That Nathaniel Vinal and others, proprietors of a certain wharf in
the northerly part of the city of Boston, and adjoining Brown's
wharf, are hereby authorized to extend their wharf into the sea,
so far as the most northerly point of Brown's wharf; and that
they shall have and enjoy the right and privilege of using and oc-
cupying the flats adjacent to said wharf when so extended, at the
end, and at the sides thereof, in the same manner, in which they
have hitherto occupied and enjoyed the flats adjoining said wharf
as it now is : provided, that nothing in this act contained shall in
anywise impair or interfere with the private rights of any other
person or persons whomsoever. [March 25, 1834.]

1834. Chap. 117—119. 463

An Act to repeal all Laws heretofore made for regulating the Alewive Fishery in a QJidf) 117,
certain stream in the towns of Dracut and Methuen. "

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That all laws heretofore made for regulating the alewive fishery Former laws
in a certain stream which flows from Peter's pond in Dracut, in repealed,
the county of Middlesex, and Methuen, in the county of Essex,
into Merrimack river, running through Bartlett's farm, and on
which are situated Bartlett's mills, in Methuen, and Richardson's
mills in Dracut, or that require any passage way for said fish
through or around any dams across said stream, are hereby re-
pealed. [March 25, 1834.]

An Act authorizing the Fall River Iron Works Company to build a Wharf in the har- dldYf 118.
bor of Fall River. -^

BE it enacted by the Senate and House of Representatives, ]829 Ih. 102.
in General Court assembled, and by the authority of the same.
That the Fall River Iron Works Company, in the town of Fall ^^!l^^lYto^'
River, and county of Bristol, are hereby empowered to build a buUd wharf, &c.
wharf in the harbor of Fall River, from high water mark, adjoin-
ing the land of said Fall River Iron Works Company, commenc- See 1S29 eh.
ing about two hundred feet easterly from the wharf now owned ^^~'
and improved by said company, and extending in a line nearly
parallel with the wharf aforesaid, three hundred and fifty feet,
thence extending in an easterly direction to within fifty feet of the
middle of the channel of the Fall River or creek, thence extend-
ing by said channel, and within fifty feet of the middle of said
channel, to the nail factory belonging to said company ; and that
the said company be allowed all the privileges 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, the erection and improvement of said wharf Proviso,
shall in no wise affect the private rights of any person or persons
whomsoever. [March 25, 1834.]

An Act to incorporate the Great Barrington Iron Company. Chfin I 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 John C. Coffing, Timothy Chittenden, Phineas Persons incor-
Chapin, with such others as may associate with them, their sue- po^ated.
cessors and assigns, are hereby made a corporation by the name
of the Great Barrington Iron Company, for the purpose of manu-
facturing iron in the town of Great Barrington, in the county of
Berkshire ; and for this purpose shall have all the powers and Powers and du-
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 manufacturing 1829 ch. 5.3.
corporations."

Sect. 2. Be it further enacted. That said corporation may Real and pex-
lawfully hold such real and personal estate as may be necessary ^<'"^' estate.
for the purposes aforesaid : provided, the value of said real as-

464

1834.-

-Chap. 119—120.

Chap 120.

Penalty for
taking oysters
or other shell
fish.

Provisos.

Seizure of ves-
sels, &c., hav-
ing oysters on
board.

Proviso.

Penalties for
aiding in ille-
gally taking
oysters, &c.

Witnesses.

tate shall not exceed the sum of thirty thousand dollars, and the
value of such personal estate the sum of twenty thousand dollars.
[March 26, 1834.]

An Act to prevent the destruction of Oysters and other Shell Fish, in the town of

Sandwich.

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 if any person shall hereafter take any oysters or
other shell fish from their beds, or destroy them therein, in the
town of Sandwich, except as is herein after provided, he shall for-
feit and pay, for every bushel of oysters so taken or destroyed,
the sum of five dollars, and for every bushel of other shell fish
so taken or destroyed, the sum of three dollars : provided, how-
ever, that the selectmen of said town, for the time being, or a
major part of them, may give permits in writing to any inhabitant
of said town to take oysters, or other shell fish from their beds,
at such times and for such uses as they shall think reasonable, and
express in such permits, not exceeding two bushels for one fam-
ily: provided, further, that any inhabitant of said town may, with-
out such permit, take one bushel of oysters or other shell fish
per week from their beds in said town, for the use of his or her
family, from the first day of September to the first day of June,
annually.

Sect. 2. Be it further enacted. That, if any vessel, boat,
or craft, cart, wagon, sleigh or other vehicle shall be found within
the limits of said town with- any oysters or other shell fish on
board the same, taken in said town contrary to the provisions of
this act, any inhabitant or inhabitants of said town when such ves-
sel, boat or craft, wagon, cart, sleigh or other vehicle, shall be
so found trespassing, may seize and detain the same, not exceed-
ing forty-eight hours, in order that the same, if need be, may
be attached by due process of law to answer the said fines and
forfeitures, with costs of suit : provided, however, that as soon as
the owner or master of any such vessel, boat or craft, cart,
wagon, sleigh or other vehicle, shall pay said fines and forfeitures
without suit to the treasurer of said town, one half to the use of
said town, and the other half to the person or persons seizing the
same, such vessel, boat or craft, wagon, sleigh or other vehicle,
shall be discharged with the effects therein.

Sect. 3. Be it further enacted, That if any person or
persons, residing in said town of Sandwich, shall aid or assist any
person or persons belonging to any other town, in taking any of the
fish aforesaid, or shall supply them therewith, he shall forfeit and
pay, for every bushel of oysters so taken, the sum of five dollars,
and for every bushel of other shell fish so taken, the sum of three
dollars, and the purchaser or purchasers, knowing them to be un-
lawfully taken, shall be subject to the like forfeitures.

Sect. 4. Be it further enacted. That all persons not other-
wise disqualified shall be competent and legal witnesses in any
prosecution upon this act, they being inhabitants of said town of
Sandwich notwithstanding.

1834. Chap. 120—123. 465

Sect. 5. Be it further enacted, That all the forfeitures men- Forfeitures,
tioned in this act, not herein otherwise appropriated, shall enure,
one half to said town, and the other half to the person or persons
giving information, to be recovered by the treasurer of said town
in an action of debt, before any justice of the peace for said
county of Barnstable, or any court proper to try the same.
lMarch2Q, 1834.]

An Act in addition to " An Act to incorporate the Taunton Britannia Manufactur- C'A.fl27l21
ing Company." ^ 1833 ch. 32.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same, increase of cap-
That the Taunton Britannia Manufacturing Company is hereby '^al stock,
authorized to increase its present capital stock, by an addition
thereto of a sum not exceeding twenty thousand dollars. [JWarch
26, 1834.]

An Act to incorporate tlie Bowdoin Insurance Company. C^hnm I'^'^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 L. Dimmock, Timothy C. Kendall and Persons incor-
Tliomas R. Dascomb, their associates and successors, be, and P°rated.
they hereby are made a body politic, by the name of the Bow-
doin Insurance Company, to be established in the city of Bos-
ton, for the purpose of making maritime loans and insurance
against maritime losses, and insurance against losses by fire, in
the customary manner, with all the privileges, and subject to all Powers and du-
the duties and obligations contained in the one hundred and "^^*
twentieth chapter of the statutes of eighteen hundred and sev- isi? ch. 120.
enteen, and in the one hundred and forty-first chapter of the 1319 ch. 141.
statutes of eighteen hundred and nineteen, and also in the nine- 1832 ch. 95.
ty-fifth chapter of the statutes of eighteen hundred and thirty-
two, for and during the term of twenty years after the passing of
this act.

Sect. 2. Be it further enacted. That said corporation may Real estate,
purchase, hold and convey any estate, real or personal, for the
use of said company : provided, that the real estate shall not ex-
ceed 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. 3. Be it further enacted, That the capital stock of ^^P'*^' ^^^'^^
said company shall be two hundred thousand dollars, and shall
be divided into shares of fifty dollars each, and shall all be collect-
ed and paid in, in such instalments, and under such provisions [Time for pay-
and penalties, as the president and directors of said company JefdeTmr"
shall order and appoint. [March 26, 1834.] Add. acts, 1835 ch.63:'l836ch.
ch. 63: 1836 ch. 157. ^^^-3

VOL. VII. 59

466 1834. Chap. 124—126.

C^hnrt 1 '^h, ^^ ^^'^ ^° incorporate the Boston Bewick 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 John H. Hall, Abel Bovven and John C. Cros-
pora e . man, their associates, successors and assigns, are hereby made a

corporation, to be established in the county of Suffolk, by the
name of the Boston Bewick Company, for the purpose of em-
ploying, improving, and extending the art of engraving, polytyp-
ing, embossing and printing, and carrying on the business there-
Powers and of. And for these purposes, and for no other, shall have all the
powers and privileges, and be subject to all the requirements
1829 ch. 53. contained in " 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.
Real and per- Sect. 2. Be it further enacted, That the said corporation
may lawfully hold and manage real estate, not exceeding in value
sixty thousand dollars, and such personal estate as may be found
convenient, not exceeding sixty thousand dollars. [JWarch 27,
1834.]

/^l~„lOC: An Act establishing the dividing; line between the towns of Richmond and West
ChaplZb. Stockbridge.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
established"^ That the following described line be established as the true di-
viding line between the towns of Richmond and West Stock-
bridge, to wit : beginning at the old monument or stake and
stones, standing on the east line of the state of New York ;
about ten links easterly from a large white oak tree marked ;
thence running easterly, in a direct line, seven hundred and six-
ty rods, to a monument called the Cone Corner. [tMarc/i 27,
1834.]

ChctP 126. -^'^ ^^''^ concerning Aiewives in Herring River, in the town of Sandwich.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
Selectmen may of the same, That the selectmen of the town of Sandwich for
prescribe the jfjg jjfjjg being, or a major part of them, are hereby empowered,
ing aiewives, in the month of March or April, annually, to prescribe the time,
^"^ place or places and manner of taking aiewives in Herring River,

in the town of Sandwich, such time not to exceed four days in
a week, and they shall appoint some suitable person or persons
to take the same, and fix the compensation to be paid therefor.
Passageways Sect. 2. Be it further enacted. That the owners or oc-
en'ed^'l'n'd Tegu- cupants of dams across said river shall annually, during such
lated. time, not exceeding sixty days in each year, as shall be pre-

scribed by the selectmen of said town, or the major part of them,
for the time being, keep constantly open and maintain through, over
or around their respective dams, a passage sufficient and prop-
er for the passing of said fish, to the satisfaction of said selectmen,
under a penalty not less than ten, nor more than sixty dollars,

1834. Chap. 126. 467

for each and every twenty-four hours they shall neglect to open
a passage way as aforesaid ; and the said selectmen, shall, thirty
days at least before the commencement of said period, notify
in writing the owners or occupants of said dams, of the time
when the said passage ways shall be opened, and the manner in
which they shall be constructed and regulated : provided, how- Proviso.
ever, that if any such owner or occupant shall at any time be
dissatisfied with the determination of said selectmen in relation
to the construction or regulation of such passage way or passage
ways, such owner or occupant may, by application in writing to
the selectmen of the town of Barnstable, for the time being, in
said county of Barnstable, who are hereby constituted a commit-
tee for that purpose, cause such passage way or passage ways to
be fixed, prescribed, and regulated in writing by said committee ;
and such passage way or passage ways shall thereafter be, by
the owners or occupants of said dam or dams, kept open and
regulated in width and depth, and in all other respects, pursuant
to said written determination of said committee, under the same
penalty as is herein before provided. And the expense of said
committee shall be paid by the owners or occupants of said dam
or dams, or by the said town of Sandwich, as said committee
shall adjudge.

Sect. 3. Be it further enacted, That the said selectmen Powers and au-
of the town of Sandwich shall have full power and authority to [JcS in^ek-
cause the natural course of the stream, through which said fish tion to said fish. -
pass, to be kept open and free of obstructions, except the dams
aforesaid, and to remove all such obstructions, except as afore-
said, and, for that purpose, as well as for the other purposes of
this act, shall have authority to go upon the land or meadow of
any person through which said stream runs, without being deem-
ed trespassers, and, if any person or persons shall molest the
said selectmen, or either of them, in the execution of his or their
duties under this act, or shall obstruct the passage of said fish,
except as aforesaid, the person or persons so offending shall, on
conviction thereof, before any justice of the peace in the county
of Barnstable, pay a fine for every such offence, not exceeding
twenty, nor less than ten dollars.

Sect. 4. Be it further enacted, That if any person or Penalty for tak-
persons shall take any of the fish aforesaid, in said river or the o"fer^sf\han
ponds in which said fish cast their spawn, at any time or in any shall be allow-
place or manner other than shall be allowed by said selectmen as fg^ct'men.^ ^^" '
aforesaid, each person so offending, shall, for each and every such
offence, on conviction thereof, pay a fine not exceeding twenty
dollars, nor less than one dollar.

Sect. 5. Be it further enacted, That, from and after the Quantity of fish
passing of this act, the inhabitants of said town, at their annual shall receive
March meeting, shall determine the quantity of said fish that each &c.
family in said town shall receive, and establish the price they
shall pay therefor.

Sect. 6. Be it further enacted. That all persons, not Witnesses.
otherwise disqualified, shall be taken to be competent and legal

468 1834. Chap. 126—127.

witnesses in any prosecution upon this act, they being inhabitants

of said town of Sandwich notwithstanding.
Forfeitures how Sect. 7. Be it further enacted, That all the forfeitures in-
to be appropri- curred by virtue of this act, shall be, two thirds to the use of the

said town of Sandwich, and one third to the person or persons

giving information, to be recovered in an action of debt, in any

court proper to try the same, to be brought by the treasurer

thereof.
Privileges of Sect. 8. Be it further enacted, That the Herring Pond

Pon?lndiMis Indians shall be allowed the same privileges, in relation to

said fish, as have heretofore been usually granted them by said

town of Sandwich. [March 27, 1834.]

ChttpX^n * An Act to incorporate the Second Essex 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 William Andrews, Junior, Ezra Perkins, and
pora e . Winthrop Low, their associates and successors, are hereby made

a corporation, by the name of the Second Essex Mutual Fire
Insurance Company, with powers and privileges incident to such
corporations, for the term of twenty-eight years.

Insurancemay SeCT. 2. Be it further enacted, That, when the sum sub-

be made when scribed to be insured shall amount to the sum of fifty thousand

fifty thousand , ,, . , . . r i r r

dollars are sub- dollars, said corporation may insure, lor the term ot from one to
scribed. seven years, upon any building, merchandize, goods, or furniture

whatsoever, within the county of Essex, to any amount not ex-
ceeding three quarters of the value of the property insured.
Funds to be Sect. 3. Be it further enacted. That the funds of said

vested in stocks, corporation shall be vested in stocks, or loaned on security, as
security &c. ^^^ 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 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
deposites for seven years, but not to exceed triple the amount of
such premiums and deposites.
Execution may Sect. 4. Be it further enacted, That, when any member
be levied on the ghgU recover judgment against said corporation, he may levy his
of the corpora- 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 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.
Policy to create Sect. 5. Be it further enacted, Tbat^each policy of insur-
a lien on prop- gnce shall of itself, without any other ceremony, create a lien on

erty insured. ,.,,.. ' , ^ i , j ■•' r ,

any building insured, and on the land under it, lor the payment

1834. Chap. 127—128. 469

of ihe premium stipulated in said policy, and of assessments
lawfully made by virtue thereof; and this provision shall not
prevent the taking of other collateral security.

Sect. 6. Be it further enacted, That, in case it shall be- Proceedings in
come necessary to resort to ihe lien on the property insured, the j-.^^^e 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 deposite note, or by assessment, and their
execution may be levied on the estate insured, and the officer
making the levy may sell the whole or any part of the estate at
auction, giving notice, and proceeding in the same manner, as is
required in the sale of equities of redemption on execution ; and
the owner shall have a right to redeem the estate, by paying the
costs of sale, the amount of ihe execution, and twelve per cent,
interest thereon, within one year from said sale.

Sect. 7. Be it further enacted^ That each member of said Right of voting.
corporation may vote by proxy, and be entitled to as many votes
as he has policies. [March 27, 1834.]

An Act to incorporate the Merchants Marine Railwa3' Company. CflOp 128.

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 Savage, John Binney, and George Persons incor-
Hallett, their associates and successors, are hereby made a cor- P°'"a'«=d-
poration, by the name of the Merchants Marine Railway Com-
pany, for the purpose of erecting railways in East Boston, for
the repairing of ships and vessels thereupon, and the doing and
transacting of all matters and things whatsoever relating to the
building and repairing of vessels upon such railways.

Sect. 2. Be it further enacted. That the said corporation Real estate and
is hereby declared capable to have, hold and possess real estate ^^^P"''^' *'°'^''-
not exceeding in value fifty thousand dollars, and a further capital
Slock of fifty thousand dollars, with liberty to increase the same
to any amount not exceeding in all two hundred thousand dollars.

Sect. 3. Be it further enacted, That the said corporate Shares.
property shall be divided into shares, and numbered in progressive
order, beginning at number one, and certificates shall be signed
by the treasurer of the corporation, and issued to the proprietors
accordingly, and the shares aforesaid shall be transferable by en-
dorsement on the back of the said certificates, and the property
in shares shall be vested in the vendee or assignee thereof, when
a record shall be made thereof by the clerk of the corporation,
and new certificates shall be issued accordingly ; and in all meet-
ings of the members of the said corporation for the transaction of
business, each proprietor shall be entitled to one vote for every Right of voting,
share held by him : provided, ahoays, that no one member shall
ever be entitled to more votes than shall be equal to one fifth part
in value of the corporate property, and members shall have the
right to appear and act at any meeting by proxy.

Sect. 4. Be it further enacted^ That said corporation may Assessments.

470 1834. Chap. 128—130.

from time to time, at any legal meeting called for that purpose,

assess upon each share such sum or sums of money as shall be

judged necessary for raising a capital for the completion and

effecting the objects of this incorporation, and for the carrying

on the business thereof, and for defraying the expense and charges

incident thereto, to be paid to the treasurer at such time or times,

and by such instalments, as shall be directed by said corporation ;

and if the proprietor of any share shall neglect or refuse to pay

any tax duly rated by said corporation, for the term of thirty

days after the time set for the payment thereof, the treasurer is

Delinquent's hereby authorized to sell, at public vendue, the share or shares

shares may be of said delinquent proprietor, sufficient to pay all taxes and as-
sold at auction. "l ^,^, , r -i • -ii
sessments which may be then due Ironi said proprietor, with the

necessary and incidental charges, after having given public notice

in some newspaper printed in the city of Boston, of the time and

place of sale, at least ten days before the sale, and such sale shall

be a legal transfer of the share or shares so sold to the purchaser,

who shall be entitled to receive a certificate or certificates of the

share or shares so sold, and by him purchased. [JMarch 27,

1834.] Add. act, 1835 ch. 88.

Chap 129. An Act in addition to " An Act to alter and amend the Constitution of the Board of
-* Overseers of Harvard College."

1811 ch. 157. Sect. 1. BE it enacted by the Senate and House of Repre-

1813 ch. 194. sentatives, in General Court assembled, and by the authority of
Board may ffig same, That, whenever any vacancy exists in the clerical part
mhiistTr"^to fill of the boai'd of overseers of Harvard college, the board, in filling
vacancy. such vacancy, agreeably to the provisions of the statute of one

thousand eight hundred and nine, chapter one hundred and four-
teenth, may elect any stated minister of a church of Christ, or-
dained agreeably to the usages of the order to which he may be-
long : provided, that when any minister so elected shall cease to
have the ministerial relation he had at the time of his election, or
shall remove out of the Commonwealth, the place of such minis-
ter at said board shall thereupon become vacant.
When this act Sect. 2. Be it further enacted, That this act shall be in
shall take effect. fQj.^e when the oversecrs of Harvard college, and the president
and fellows of Harvard college, shall accept the provisions of the
same. [March 28, 1834. J

f^hfif} 1 SO ■'^" ^^"^ ^° incorporate the Proprietors of Chelsea Free Bridge.

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 Benjamin T. Reed, Amos Binney, John Hen-
porated. shaw, and their associates, successors and assigns, are hereby

made a body corporate, by the name of the Proprietors of Chel-
sea Free Bridge.
Bridge to be Sect. 2. Be it further enacted, That said corporation is

c'lieis^a'^ creek, hereby authorized to build a bridge across Chelsea creek, from
the northerly side of Noddle's island, in the harbor of Boston, to
the farm of Benjamin ShurtlefF, in Chelsea ; which bridge shall
be well built, of good and sufficient materials, not less than twenty-

1834. Chap. 130—133. 471

five feet wide, with sufficient railings for the protection of pas-
sengers, with a good and sufficient draw, not less than twenty-
five feet wide ; which draw shall, at all limes, on demand, be
raised for the passage of vessels that cannot pass under said
bridge. And said bridge shall be furnished with proper piers Piers,
on both sides, above and below, for the accommodation of
vessels passing through the same. And in case any such vessel, Forfeiture for
about to pass said bridge, shall be detained more than one hour, seis!'"'"^ ^^^'
the corporation shall forfeit and pay, to the owner or owners of
such vessel, a sum not less than three dollars, nor more than
twenty dollars, to be recovered by action of debt in any court
proper to try the same. And no toll shall be demanded of any
person or persons who shall pass over said bridge : provided, Proviso.
alicays, that if, at any time hereafter, the proprietors of said bridge
shall lay out, or cause to be laid out and made, any road from the
Chelsea end of said bridge to any road whatsoever, within the
limits of the town of Chelsea, the inhabitants of said, town shall
never be chargeable with any cost or expense whatsoever, for
the laying out, making, repairing or maintaining such road : and
provided, also, that said corporation shall not build said bridge, Corporation to
until a good and sufficient bond, to be approved by the treasurer g'^e bond to
of this Commonwealth, in the penal sum of three thousand dol- weaitii.
lars, shall be filed in the office of said treasurer, conditioned to
pay all penalties and forfeitures that may be incurred within the
meaning and intent of this act ; and said corporation shall be lia-
ble for all damages to travellers over said bridge, happening
through any defect of the same, in the same way and manner as
towns are liable for defects in public highways and bridges, and
the condition of the bond herein before mentioned shall also pro-
vide for the payment of all damages which may be so sustained.

Sect. 3. Be it further enacted, That if said corporation Time for build-
shall neglect, for the space of three years after the passing of this '"& 'h^ bridge,
act, to build said bridge, then this act shall be void. [tMarch
28, 1834.]

An Act to continue in force " An Act concerning Warren Bridge." C^hnTi 1 S I

BE it enacted by the Senate and House of Representatives, ^^oi ^^ J27
in General Court assembled, and by the authority of the same, 1832 cii. 170.
That "an act concerning Warren bridge," passed March 28th, is33cii.2i9.
1833, be, and the same shall hereby remain in full force and op-
eration, until the last day of the session of the next General Court.
\March 28, 1834.] Add. act, 1835 ch. 155.

An Act to incorporate the Beividere Woollen Manufacturing Company. r^h/tTt 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 Richard Warren, Samiiel F. Barry and Thoinas persons incor-
B. Park, their associates and successors, are hereby constituted poratcd.
a corporation, by the name of the Beividere Woollen Manufac-
turing Company, for the purpose of manufacturing woollen goods
in the town of Tewksbury, in the county of Middlesex, and for Powers and
this purpose shall have all the powers and privileges, and be

472

1834.-

-Chap. 133—135.

1829 ch. 53.

Real and per-
sonal estate.

Chap 134^.

Capital stock
reduced.

Proviso.

Chap 135.

Persons incor-
porated.

Powers.
1833 ch. 83.

Real and per-
sonal estate.

subject to all the duties and requirements, contained in the fifty-
third chapter of the statutes of the year eighteen hundred and
twenty-nine, being the act entitled " an act defining the general
powers and duties of manufacturing corporations."

Sect. 2. Be it further enacted, That said corporation may
be lawfully seized and possessed of such real estate as may be
necessary and convenient for the purposes aforesaid, not exceed-
ing the value of forty thousand dollars, and of personal estate, not
exceeding the value of eighty thousand dollars, [./liarc/i 28,
1834.]

An Act to reduce the capital stock of the Cambridge Bank.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That, from and after the first day of April next, the capital
stock of the Cambridge Bank shall be, and the same is here-
by reduced, from one hundred and fifty thousand, to one hun-
dred thousand dollars, and that, from and after that time, all
the rights, duties and liabilities of said corporation, as granted,
allowed or prescribed in and by the charter thereof, and by
the several laws of the Commonwealth made for the regula-
tion of banks and banking, shall have relation to, and be governed
by said reduced capital of one hundred thousand dollars : provid-
ed, however, that the difference between the present and the re-
duced capital aforesaid, or any part thereof, shall not be paid over
to the stockholders, unless there shall remain in said bank funds
sufficient, in money and good securities, including the real estate
of said corporation, to pay all existing debis due from it, over
and above the said capital of one hundred thousand dollars. And
the directors of said bank, for the time being, ]-espectively, shall
be held responsible in their individual capacities, to any creditor
of said bank, for any loss or damage occasioned by any violation
of this proviso, to which such directors or director may have as-
sented, and said directors, for security to themselves, and all
persons interested, may retain in deposite in said bank, all, or any
part of the present capital stock which may be reimbursable to
the stockholders by this act, for a period not exceeding ninety
days from said first day of April. \_March 28, 1834.]

An Act to incorporate the Charlestown Infant School Society.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same.
That Catherine Walker, Maria T. Jackson, Elizabeth T. Hurd,
and Ann L. Holden, their associates, and successors, are hereby
made a corporation, by the name of " the Charlestown Infant
School Society," for the purpose of receiving and educating
children preparatory to their entering the public schools, with all
the powers and privileges, and subject to all the liabilities and re-
quirements, contained in the statute of one thousand eight hun-
dred and thirty-three, chapter eighty-third ; with power also to
hold real and personal estate to an amount not exceeding ten
thousand dollars, to be appropriated exclusively to the purposes
aforesaid. [March 28, \8Si.'\

1834. Chap. 136—140. 473

An Act in addition to an Act incorporating the Pocasset Iron Company. Chnn 1 Sfi

Sect. 1. BE it enacted by the Senate and House of Repre- i834ch!6i.
sentatives, in General Court assembled^ and by the authority of
the same, That the Pocasset Iron Company are hereby empow- Real estate,
ered to hold any real estate, not exceeding in the whole the
value of eighty thousand dollars.

Sect. 2. Be it further enacted, That the stock of the Number of
said corporation may be divided into such number of shares as shares,
the stockholders, at their first meeting, shall prescribe. [March
28, 1834.]

An Act in addition to " An Act to set off a part of the town of Foxborough, and (^fldj) 138.
annex the same to Walpole." -^

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same.
That all the land, with the inhabitants thereon, lying northerly of Boundary line,
a line running from the corner of Silas Smith's woodland, in said
act mentioned, thence running west by the needle, without al-
lowing for a variation thereof, until it intersects the line between
the said two towns, at a road running from the Norfolk and Bris-
tol turnpike, near the house of the heirs of Stephen Fuller, to
Wrentham, be, and the same hereby is set off from the town of
Foxborough, and annexed to the said town of Walpole, subject
to all the conditions and provisions in the act to which this is in
addition. [March 28, 1834.]

An Act to authorize the First Parish in Brookline to tax the Pews in their Meeting- (^hftv) 1 AQ

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same. That the First Parish in Brookline is hereby authori- parish authori-
zed to assess any sum or sums of money, which shall hereafter zed to assess
be voted by said parish to be raised for the support of public ^^^^'
worship and other parochial charges, upon the pews in the meet-
ing-house of said parish, according to the relative value of said
pews as appraised in the year eighteen hundred and six, by a
committee appointed for that purpose, as recorded in said parish
records : provided, however, that no pew now owned by any Proviso,
person who is a member of any other religious society shall be
subject to a tax for the support of a minister or ministers in said
parish, except with his or her own consent.

Sect. 2. Be it further enacted. That if any proprietor Saieof deiin-
of a pew neglect to pay his or her assessment, for the space '^"^"^ ^ P®^^'
of sixty days, after such assessment, is payable, the treasurer
shall advertise the pew of such delinquent for the space of
six weeks, by posting a notice at said meeting-house, and
two other public places in said town, stating the time, place, and
cause of sale, and if all arrears shall not then be paid, he shall
sell the same at auction to the highest bidder, and after deducting
all sums due, with costs of sale and charges of conveyance, shall
pay over the balance, if any, to the owner.

Sect. 3. Be it further enacted, That this act shall not go When this act
into operation until the consent of all the owners of pews who ^^f^ ^^^ ^^'

VOL. VII. 60

474

1834-

-Chap. 140—146.

ChapU3.

Persons incor-
porated.

Powers and du-
ties.

1829 ch. 53.

Real and per-
sonal estate.

Chapl4>4>.

Persons incor-
porated.

Powers and
duties.

1829 ch. 53.

Real and per-
sonal estate.

Chapl4>6.

Persons incor-
porated.

are members of said parish, shall be first obtained to the provis-
ions of the same. [March 28, 1834.]

An Act to incorporate the Lechmere Glass 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 Ralph Smith, Lemuel P. Grosvenor, An-
drew T. Hall, George Bond and Edmund Munroe, their asso-
ciates and successors, are hereby made a corporation by the
name of the "Lechmere Glass Company," for the purpose of
manufacturing glass in the town of Cambridge, in the county of
Middlesex, and for this purpose, shall have all the powers and
privileges, and be subject to all the duties and requirements con-
tained in the fifty-third chapter of the statutes of the year eigh-
teen hundred twenty-nine, entitled " an act defining the general
powers and duties of manufacturing corporations."

Sect. 2. Be it further enacted, That said corporation
may be lawfully seized and possessed of such real estate, not ex-
ceeding fifty thousand dollars in value, and such personal estate
not exceeding one hundred thousand dollars in value, as may be
necessary and convenient for the purpose aforesaid. [^Murch
28, 1834.]

An Act to incorporate the East Boston Timber 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 W. Paige, Francis J. Oliver and Gid-
eon Barstow, their associates and successors, are hereby made
a corporation by the name of the East Boston Timber Compa-
ny, for the purpose of sawing and preparing at East Boston, by
steam or water power, or otherwise, and of vending, ship and
other timber, plank, boards, staves, joist, scantling, and all and
every other article prepared and manufactured from wood, and
shall have all the powers and privileges, and be subject to all the
duties and requirements contained in the fifty-third chapter of
the statutes of the year eighteen hundred twenty-nine, entitled
" an act defining the general powers and duties of manufactur-
ing corporations."

Sect. 2. Be it further enacted. That said corporation may
lawfully hold and manage such real estate, not exceeding seventy-
five thousand dollars in value, and such personal estate not ex-
ceeding seventy-five thousand dollars in value, as may be neces-
sary and convenient for the purposes aforesaid. [March 28,
1834.]

An Act to incorporate the Berkshire 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 Henry C. Brown, David Carson, Theodore
Hinsdale, their associates and successors, are hereby made a
corporation, by the name of the Berkshire Cotton Manufacturing
Company, for the purpose of manufacturing cotton in the town '

1834. Chap. 146—156. 475

of Pittsfield, in the county of Berkshire ; 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 the fifty-third chapter of

the statutes of the year eighteen hundred twenty-nine, 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 be lawfully seized and possessed of such real estate not ex- *°"^ estate,
ceeding the value of sixty thousand dollars, and such personal
estate not exceeding in value the sum of sixty thousand dollars,
as may be necessary and convenient for the purposes aforesaid.
[March 28, 1834.]

An Act authorizing the Proprietors of a certain Wharf, at Commercial Point, in the (^fldT) 149
town of Dorchester, to extend the same. "

BE it enacted by the Senate and House, of Representatives, in
General Court assembled, and by the authority of the same,
That Elisha Preston and Charles O. Whitmore, of Dorchester, Persons incor-
in the county of Norfolk, Josiah Stickney, Nathaniel Thayer, P°'^*®''-
Jr., and Israel Lombard, of Boston, in the county of Suffolk,
together with their successors and assigns, are hereby authorized
to extend and maintain their wharf, in the town of Dorchester Wharf may be
aforesaid, into the harbor channel, in a southerly and easterly extended,
direction, one hundred feet from the end of their said wharf;
and that they shall have and enjoy the right and privilege of using
and occupying the flats adjacent to said wharf, when so extended,
at the end and at the sides thereof, in the same manner in which
they have hitherto occupied and enjoyed the flats adjoining said
wharf as it now is : provided, that nothing in this act contained Proviso,
shall in any wise impair or interfere with the private rights of any
other person or persons whomsoever. [March 28, 1834.]

An Act to change the names of the persons therein mentioned. K^iKip lOD.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same, ^^""^^ chang-
That William Billings, of Boston, in the county of Suffolk, may Suffolk,
take the name of William W. Billings ; that Ninian Clark, Jr., Essex,
of Beverly, may take the name of Augustus Ninian Clark ; that
Samuel Scott, of Andover, may take the name of Samuel Palmer
Scott, and all of the county of Essex ; that David Balcom, 3d., Worcester,
of Douglas, in the county of Worcester, may take the name of
David Howard Balcom ; that Achsah Ingram, of Amherst, in Hampshire,
the county of Hampshire, may take the name of Ellen A. In-
gram ; that Nathaniel T. Bowdoin, of Hanson, in the county of Plymouth.
Plymouth, may take the name of Nathaniel C. Towle ; and that
Eunice M., the wife of said Nathaniel T. Bowdoin, may take
the surname of Towle. And the several persons herein men-
tioned are hereby allowed to take, and hereafter be known by
the respective names which by this act they severally are author-
ized to assume. [March 29, 1834.]

476

1834.-

■Chap. 158—159.

ChapWS.

1821 ch. 110.

1822 ch. 107.
1824 ch. 49.

School commit-
tee.

Committee
chosen for the
term of two
years, &c.

An Act in further addition to an Act establishing 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 school committee of the city of Boston shall
consist of the mayor of said city, (who shall be ex officio chair-
man,) and twenty other members, who shall be chosen at large
from among the inhabitants of said city, at their annual election
of municipal officers. And there shall be one member at least a
resident in each ward at the time of the election.

Sect. 2. Be it further enacted. That the said school com-
mittee shall be chosen for the terra of two years ; but, at the
expiration of one year after the first election made under this act,
the seats of ten of the members thereof, which shall be deter-
mined by lot, by said committee, shall be vacated, and a second
election shall then be had to supply such vacancies ; and the ten
members chosen at such second election shall remain in office for
the term of two years, and at all succeeding elections after that,
a choice shall be made of ten persons to serve for two years,
and of such further number of persons to serve for one year as
may be necessary to supply any vacancies in the remaining part
of the committee. And said committee shall give notice to the
mayor and aldermen of all vacancies which may happen in their
board, and warrants shall be issued thereupon in the usual man-
ner to fill the same.

Sect. 3. Be it further enacted, That the said school com-
mittee shall have the care, superintendence, and direction of the
public schools of said city of Boston ; they shall have authority
to appoint the instructers of said schools, and also to remove
them as the said committee shall deem expedient ; and also to
determine the amount of the salaries of said instructers respective-
ly : provided, that in no case shall the aggregate amount of all
said salaries exceed the whole sum which shall have been appro-
priated by the city council for such purpose, nor shall any ex-
penditure be made, or contract, involving expenditure, be entered
into by said committee, unless an appropriation shall have been
first made by the city council.

Sect. 4. Be it further enacted, That so much of the act to
which this is in addition, as is inconsistent with the provisions of
this act, is hereby repealed : provided, however, that the present
school committee of said city shall continue in office until a new
committee shall be chosen under this act.

Sect. 5. Be it further enacted, That this act shall be void,
unless it shall be adopted by the inhabitants of said city of Bos-
ton, qualified to vote in city affairs, by written ballot, within
ninety days from the passing thereof, at a legal meeting of said
inhabitants called for that purpose. [March 29, 1834.] Add.
act, 1835 ch. 128.

(^h(tp loy. An Act to set off a part of the town of Tevvksbury, and annex the same to the town
of Lowell.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
S?be?.''"^ the same, That all that part of the town of Tewksbury, in the

Authority of the
school commit-
tee.

Part of former
act repealed.

When this act
shall take effect.

1834. Chap. 159—160. 477

county of Middlesex, lying within the following lines and bounds,
namely, beginning at the mouth of Concord river, at its conflu-
ence with the Merrimack river, thence running easterly on said
Merrimack river, two hundred and twenty-nine rods, to a large
rock in said river, about two rods from the shore, embracing all
that part of the Merrimack river against said line which is in the
town of Tewksbury ; thence running south seventeen degrees
and one quarter west, four hundred and four rods to said Con-
cord river, by the mouth of a small brook emptying into the
same ; thence running northerly on said Concord river five hun-
dred and fifty-three rods, to the bound first mentioned, including
all of said Concord and Merrimack rivers, against the lines first
and lastly herein mentioned, which belonged to the said town of
Tewksbury, together with all the inhabitants on the lands herein
described, be, and the same hereby are set off and separated from
said Tewksbury, and annexed to, and made a part of said town
of Lowell, and that the same land and the inhabitants thereon
shall be deemed and considered as annexed to, and constituting
a part of said town of Lowell : provided, hoivever, that said inhabitants to
tract of land and the inhabitants thereon, set off as aforesaid, sei^se^'^o^s^rant-
shall be holden to pay all such taxes as are already assessed or ed.
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.

Sect. 2. Be it further enacted, That the inhabitants of the Inhabitants to
land set off as aforesaid, shall be holden to pay to said tov/n of ponion'of town
Tewksbury their proportion of the debt now due and owing by debt,
said Tewksbury, after deducting therefrom all the property and
estate owned by or belonging to said town, to be ascertained, ap-
praised and estimated by the county commissioners for the county
of Middlesex ; which proportion of debt, that may be found due
as aforesaid, shall be assessed upon said inhabitants, and collected
in the same way and manner, as taxes are by law required to be
assessed and collected.

Sect. 3. Be it further enacted, That of all the state and State and
county taxes which shall be required of the town of Tewksbury, *^°"" ^ ^^^^^'
previous to a new valuation, the town of Lowell shall pay one
third part thereof. [March 29, 1834.]

An Act to incorporate the Trustees of the First Baptist Church in Lexington. CflClXf 1 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 Josiah Conant, Levi Pierce, Calvin Smith, and Persons incor-
their successors in office, are hereby made a corporation by the ''"'^^ ^
name of the Trustees of the First Baptist Church in Lexington,
with all the rights and privileges, and subject to all the duties and
liabilities, to which similar corporations are subject by the consti-
tution and laws of this Commonwealth.

Sect. 2. Be it further enacted. That said corporation shall Real and per-
have power to receive, hold and manage all the property, both real
and personal, belonging to said church, in trust for the support and
maintenance of the public worship of God in said church, and

478 1834. Chap. 160—166.

for the uses and purposes for which it may be committed to them,
and may receive and hold any gift, grant, bequest or donation,
made them for the benefit of said church : provided^ the income
of all the property so to be held by them, exclusive of their meet-
ing-house, shall not exceed one thousand dollars: and provided j
also, the same be appropriated only to parochial purposes.
Vacancies of Sect. 3. Be it further enacted, That all vacancies of said

Med.^^' °"^ trustees, that may happen from death, resignation, or otherwise,
may be filled at any annual meeting of the church in such way
and manner as said church shall direct. [March .31, 1834.]

f^Itfin "{ (^'\ An Act to incorporate the Female Society of Boston and the vicinity, for promotinff
i^nap lOO. Christianity among the Jews. . J, f &

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 samc. That Isabella Homes, Phebe Cutler, and Mary Bow-
porated. ^^.^^ their associates and successors, are hereby made a body cor-

porate by the name of " The Female Society of Boston and the
Personal estate, vicinity, for promoting Christianity among the Jews," with power
to take, hold and possess, by subscription, gift, grant, purchase,
bequest or otherwise, personal property, not exceeding in amount,
at any one time, the sum of ten thousand dollars, the funds so to
be held by them, and the income thereof to be expended in print-
ing and circulating the scriptures and other religious books, and
in the advancement of such measures as may be best calculated
to promote the objects of said society, as set forth in its title.
Treasurer to Sect. 2. Be it further enacted. That the treasurer of said

give on . society shall be a single woman, of the age of twenty-one years or
upwards, and shall give bond with sufficient surety or sureties, to
account annually, or oftener, if required by the society or the
board of managers, for all money and property of said society,
and in general to discharge the duties of said office with fidelity.
[March 31, 1834.]

Chnt) 1 fi'i "^^ ^^^ '" incorporate the First Universalist Society in Hanson.

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 Job Luther, Joshua Bates, and Isaiah S. Perry,
porated. ^j^^j^, aggQ^jates and successors, are hereby incorporated as a re-

ligious society, by the name of the First Universalist Society in
Hanson, with all the powers and privileges, and subject to all the
duties and liabilities, by law incident to religious societies, legally
established in this Conmionwealth.
Estate. Sect. 2. Be it further enacted. That said corporation shall

have power to receive, hold, and manage any estate, to the
amount of ten thousand dollars : provided, the same be appropri-
ated exclusively to parochial purposes. [.Mar c/i 31, 1834.]

C^hnn 1 fifi '^" ^^"^ '■° establish the District of Marshpee.

June 14, 1763. Sect. 1. BE it enacted by the Senate and House of Repre-

1788 ch. 2. 38. scntatives, in General Court assembled, and bii the authority of

1789 ch. 52. , ' r„, ,, , . r 1 J • ' . J • .1 / r

1795 ch. 48. the same, 1 hat all that tract ot land situated in the county ot
I796ch.23. Barnstable, known as the Plantation of Marshpee, excepting such

1834. Chap. 166. 479

parts thereof as are now annexed to the town of Fahnouth or 1807 ch. 109.
Sandwich, for the purpose of taxation or otherwise, together with jssschim
the indian and mulatto proprietors of said plantation, be, and they District of
hereby ;ire made a body politic and corporate, as a district, by Marshpee es-
the name of Marshpee, with all the powers and privileges, and
subject to all the duties and liabilities herein provided, and ne-
cessary to carry into full eiFect, the provisions of this act.

Sect. 2. Be it further enacted, That it shall be the duty Governor and
of the governor, by and with the advice and consent of the coun- *^q"",*^!| comniis-
cil, to appoint one able and discreet person, resident in the county siouer.
of Barnstable, and in the vicinity of said district, to be a com-
missioner of Marshpee, who shall hold his office for the term of
three years, unless sooner removed by the governor and council.
And the governor and council shall fill all vacancies which shall
happen in said office, by death, resignation, expiration of said
term or otherwise. It shall be the duty of such commissioner to Dutyof com-
exercise a careful supervision over all the affairs of said district, '"'ssioner.
agreeably to the provisions of this act ; and shall also discharge
and perform all the duties now required by law of the overseers
of the Herring Pond Indians. And the said comn)issioner shall
also be the treasurer of said district, and of the Herring Pond In-
dians, and shall give bonds to the satisfaction of the governor and
council, for the faithful performance of such trust. And the said
commissioner shall, on or before the first Wednesday of January,
in each year, report to the governor and council, for final settle-
ment, an account of the receipts and disbursements of the treas-
ury, including his own charge for all necessary official services,
and countersigned by the selectmen of the district, with their ap-
proval or disapproval of the same. To which report the com-
missioner shall subjoin a particular statement of the affairs of the
district, so far as may be necessary for a full understanding of the
same ; and the governor shall communicate such report and state-
ment to the legislature.

Sect. 3. Be it further enacted, That it shall be the duty of First meeting,
such commissioner, as soon as may be, after his appointment, to
issue his warrant to one of the principal proprietors of said dis-
trict, requiring him to notify and warn the first meeting thereof,
in such manner as he may deem proper, at which, and at all sub-
sequent meetings of the district, it shall be the duty of such com-
missioner to preside, and, for that purpose, he shall have all the
powers of a moderator. And the meetings of said district may
be held at the public meeting-house therein.

Sect. 4. Be it further enacted. That the indian and mulatto Legal voters.
proprietors of said district, including such as may be proprietors
in right of a wife, and no other persons whatever, shall be quali-
fied to vote in the elections and affairs thereof. And it shall be
the duty of said commissioner, and the selectmen, to keep a list
of such voters, and from time to time to correct the same, so
that it shall embrace all the male proprietors of said district, of
twenty-one years of age and upwards, and no others.

480 1834. Chap. 166.

Annual meet- Sect. 5. Be it further enacted^ That such commissioner

'"&• shall call a meeting of said proprietors, in the months of March

or April, annually, in the same manner as is provided for calling
the first meeling, requiring the person to whom his warrant may
be directed, to give such notice of any meeting, as the said pro-
prietors may establish, and at said first meeting, as well as at all
subsequent annual meetings, the said proprietors shall, by ballot,
elect a clerk and three selectmen, and one or more constables,
who shall be proprietors and sworn to the faithful performance of
their duty. It shall be the duty of such clerk, to keep a fair rec-
ord of all the proceedings of said district, and to keep in a sepa-
rate book a record of the official acts and doings of the selectmen.
Selectmen to be The selectmen shall also be the overseers of the poor, the sur-
overs^rs of the ygygrs of the highways, and school committee. And these
several officers shall have all the powers, and be subject to all
the liabilities, incident by law to their respective offices, so far as
the same is consistent with the provisions of this act. Upon the
application in writing of ten or more proprietors, it shall be the
duty of the commissioner to call a meeting of said district, to act
upon any lawful matter set forth in such application.
Selectmen to Sect. 6. Be it further enacted^ That the said selectmen

the^proprfe'tary shall have the care and management of all the proprietary lands
lands, fisheries, held in common, together with the fisheries, and they may estab-
°' lish all needful regulations and by-laws in relation thereto : pro-

vided^ they be duly approved by the proprietors in district
meeting, and also by said commissioner. And penalties may be
imposed for a violation of such regulations and by-laws, in the
same manner, and to the same extent, that towns may do the
same, and may be recoverable by indictment, to the use of said
district, in any court of competent jurisdiction. And the said
selectmen shall annually make the allotments of marsh and pasture
land, agreeably to the former usage of the plantation, and the
residue thereof shall dispose of to the best advantage, and imme-
diately place the proceeds thereof in the hands of the treasurer,
to be held by him for the common benefit of the district, and
subject to the order of the selectmen, for the purposes herein
provided.
Lands hereto- Sect. 7. Be it further enacted^ That the said proprietors
erahv^^'confinn- ^^^ hereby confirmed in the peaceable and exclusive enjoyment
ed, &c. of all lands which they heretofore may have rightfully held and

improved in severalty ; and in case it shall appear to said com-
missioner and selectmen, that it would be for the advantage and
encouragement of any proprietor to improve and hold more land
in severalty, they are hereby empowered to set off to such pro-
prietor, from the common land, so much thereof as they may
deem just and proper, having reference to the rights and interests
of all the proprietors. And the said commissioner shall enter
upon a book, to be kept for that purpose, a description of all the
several lots so held by said proprietors in severalty, together
with all permanent allotments of common land, that may be made

1834. Chap. 166. 481

to them as aforesaid, and also all lawful grants and transfers of
lands so held in severalty by said proprietors.

Sect. 8. Be it further enacted^ That the selectmen are Selectmen may
hereby authorized to dispose of so much of the wood upon the d-sposeofwood,
common lands each year, as shall be equal to the annual growth
thereof, and no more, agreeably to the regulations that may be
established in regard to the common lands as aforesaid, and the
proceeds thereof they shall immediately pay into the treasury :
provided^ always, that no persons, other than proprietors or in-
habitants of said district, shall ever cut such wood, or transport
the same therefrom. And every person offending against this
provision shall be liable to indictment therefor, and, upon con-
viction in any court of competent jurisdiction, shall pay a fine of
not less than fifty, nor more than one hundred dollars, to the use
of said district.

Sect. 9. Be it further enacted, That no sale or transfer of Sale of wood
any wood standing upon the common lands of said district, shall J^°ade1o^a"°iw-
be valid in law, unless made to a lawful proprietor ; and no per- m proprietor.
son shall ever become a proprietor of said district, by operation
of law, unless he be a lineal descendant of a proprietor. And
upon the death of any proprietor without such descendant, all his
interest in the lands of the district shall escheat to the proprietary :
provided, however, that any proprietor of lands in severalty, may
devise, or otherwise convey the same to any other proprietor.

Sect. 10. Be it further enacted, That the funds of the dis- Funds, how to
trict shall be faithfully applied to the support of, and necessary ^^pp'® •
medical attendance upon the poor of said district, the necessary
repair of highways, the support of schools, and other necessary
district charges. Such an amount shall be granted for these ob-
jects, respectively, as the said proprietors, at their annual meet-
ing, shall direct, and the commissioner approve. And all per-
sons not belonging to said district, and liable to become a charge
thereto, may immediately be removed therefrom, and committed
to the house of correction, in pursuance of the provisions of the
"act for the regulation of gaols and houses of correction :" pro- 1834 ch. 151.
vided, that the person so to be removed be guilty of some one or
more of the offences set forth in said act.

Sect. 11. Be it further enacted, That all contracts made Contracts made
bv said proprietors or inhabitants for ardent spirits shall be wholly ^y proprietors

' ■ 1 ' 1 I 1111 • 1 II • • •'for ardent spir-

void ; and any person, who shall knowmgly sell any spirituous Us, to be wholly
liquors to said proprietors or inhabitants, other than for the pur- ^'<"*^' '^'^•
poses of medicine, as prescribed by a regular physician, shall be
liable to indictment therefor, and, upon conviction in any court
of competent jurisdiction, shall pay a fine of not less than fifty,
nor more than one hundred dollars, to the use of said district.
And upon the trial of any indictment, or suit at law, touching the
interests and rights of said proprietors, in their common lands, or
in any fine accruing to them under the provisions of this act, they
shall, notwithstanding, be competent witnesses to testify : pro-
vided, they are not otherwise disqualified.

Sect. 12. Be it further enacted, That said proprietors shall

VOL. VII. 61

482

1834.-

Chap. 166—168.

Proprietors ex-
empted from the
payment of
state and county
taxes, &c.

Upon the ap-
pointment of a
commissioner,
the powers and
duties of the
present board of
overseers, &c.
shall cease.

Former acts re-
pealed.

Legislature
may alter or
repeal this act.

Chap-[68.

Pena/ty for
carrying away
earth; gravel,
&c.

Penalty for
building a fire
on Spectacle
island.

be exempt from the payment of state and county taxes ; and tlieir
lands, whether held in common, or in severalty, shall not be lia-
ble to be taken in execution. And in case their bodies shall be
arrested on execution, they may be admitted to the benefit of the
oath of the poor debtor, notwithstanding any interest they may
have in such lands, and their oath may be varied accordingly.

Sect. 13. Be it further enacted, That, upon the appoint-
ment and qualification of the commissioner under this act, the
powers and duties of the existing board of overseers, and treas-
urer, shall cease, and the commissioner is hereby authorized to
make a full settlement with them, to receive ihe papers and effects
belonging to the plantation, and give sufficient discharge therefor,
an account of which settlement, countersigned by the selectmen
of the district, with their approval or disapproval of the same,
shall be returned to the governor and council, for final settlement.
And all contracts made by the existing board of overseers, in
relation to the management of the affairs of the plantation, shall
be carried into effect, in good faith, by the commissioner and
selectmen of Marshpee.

Sect. 14. Be it further enacted, That all acts heretofore
passed, relating to the plantation of Marshpee, and the Indian,
mulatto and negro proprietors and inhabitants thereof, are hereby
repealed, except so far as the same may relate to the Herring
Pond Indians.

Sect. 15. Be itfurtJter enacted, That the Legislature may,
at any time hereafter, alter, amend, or repeal this act, at their
pleasure, excepting so far as right of property in severalty may
have been acquired under the provisions of the seventh section
of this act. [March 31, 1834.] Add. act, 1836 ch. 179.

An Act concerniug the Islands and Beaches in the Harbor 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 if any person shall wilfully carry away from any
island within the harbor of Boston, or from any beach adjacent
thereto, any earth, gravel, stone, or other material composing
such island or beach, without the consent of the owner thereof,
the person or persons so offending shall forfeit and pay, for each
offence, to the use of the Commonwealth, a sum not exceeding
one hundred dollars, nor less than five dollars, to be recovered
by indictment in any court competent to try the same : provided,
that this act shall not be construed to pi'event the taking of shell
fish from such islands and beaches.

Sect. 2. Be it further enacted, That if any person shall
wilfully build a fire on Spectacle island, in- the harbor aforesaid,
without the consent of the owner or owners thereof, such person
shall suffer the like forfeiture, and to be recovered and appropri-
ated in like manner as is provided in the first section of this act.
[March 31, 1834.]

1834. Chap. 171. 483

An Act to authorize the Boston and Providence Rail-road Corporation to construct a C^hrtrt 171
Branch Rail-road to Dediiam Village. y^iiUJJ 1 / 1 .

Sect. 1. BE it enacted by the Senate and House of Repre- }832ch'74'
sentatives, in General Court assembled, and by the authority of i833 ch! 5.
the same, That the Boston and Providence Rail-road Corpora- Authorized to
tion are hereby authorized to construct and complete a branch construct a
rail-road from their main rail-road to the village of Dedham, in road,
the course and direction following : beginning at station number
three hundred and sixty-three, of said main rail-road in Dedham,
and thence proceeding in a curve, in a southwesterly direction,
with a radius of thirteen hundred feet, till it strikes a point distant
eighty rods from station three hundred seventy-six, of said main
rail-road, and lying north, sixty degrees west therefrom ; thence
proceeding north sixty degrees west, three thousand feet, to a
stake in the public road, the width of the rail-road to this stake
being three rods ; thence north fifty degrees west, five hundred
feet, through land of George Byrd, two rods in width ; thence
the same course twenty-four hundred feet, three rods in width ;
thence the same course two hundred feet, where the road, to-
gether with the land taken for excavation, is seven rods wide ;
thence proceeding southwesterly, in a curve, with a radius of four
thousand feet, eleven hundred feet, the first three hundred feet
being seven rods wide, and the other eight hundred feet being
four rods wide ; thence proceeding due west, eighteen hundred
feet, the first fourteen hundred feet being six rods wide, and the
last four hundred feet being three rods wide ; thence proceeding
in a curve, west, a little north, with a radius of four thousand
feet, eight hundred feet in distance, to a point in the new road in
Dedham, opposite School street, the width in this part being
three rods. In all cases, the line above described is the centre
of the rail-road. Provided, however, that the said corporation Proviso,
shall obtain the consent of the town of Dedham to their making
said branch road as aforesaid, and also the consent of the owners
of all the lands through which said road passes, or of their guard-
ians, in case any of them are under guardianship, before they
commence the making of said road : and provided, also, that all
damages which may arise to any person or persons, by taking
any lands for said rail-road, or by making said road, shall be paid
by said corporation, and the payment thereof secured and en-
forced in the manner specified in their original act of incorpora-
tion, and in the act for defining the rights and duties of rail-road
corporations in certain cases.

Sect. 2. Be it further enacted. That said corporation shall Corporation to
be bound to make, and forever maintain legal and sufficient fences ^^''^ fences,
on the line of said branch rail-road ; and in case they shall neg-
lect so to do, they shall be liable to the owners of the adjoining
lands for all damages arising from such neglect, in an action of
debt, to be brought in any court proper to try the same.

Sect. 3. Be it further enacted, That said rail-road corpo- Privileges, &c.
ration shall be entitled to all the privileges, and subject to all the
duties, and the government shall have all the rights, in respect to

484 1834. Chap. 171—179.

the road, which is hereby authorized to be made, as exist in
respect to the main rail-road.
Condition of Sect. 4. Be it further enacted, That, if the said corporation

t IS act. gj^gjj ^^^ complete the said branch rail-road in two years from the

date hereof, then this act shall be void, otherwise it shall remain
in force as long as their original act of incorporation. {March
31, 1834.] Add. acts, 1835 ch. 46. 102: 1836 ch. 254.

ChttD'iTB ^'^ ^^"^ '" addition to the Act to establfsh the Andover and Wilmington Rail-road
-T ' Corporation.

c . 09. ^j5j ^-^ enacted by the Senate and House of Representatives,

in General Court assembled, and by the authority of the same,
Further time al- That the further time of six months from the first day of June,
lowed. ji^ ^j^g yggj. ^j- Q^i^, Lord one thousand eight hundred and thirty-

four, be allowed to said corporation for filing with the county
commissioners the location of the route of said rail-road.
[March 31, 1834.] Add. acts, 1835 ch. 134: 1837 ch.
113. 188.

Chat) 179. ^''^ ^^"^ *° incorporate the Broad Marsh Diking Company in Ipswich.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Proprietors in- the same. That the proprietors of a tract of marsh lying in Ips-
corporated. yvich, in the county of Essex, known by the name of Broad
Marsh, and belonging in part to the said town of Ipswich, with
their heirs, assigns, or other legal representatives, who may be-
come such proprietors, are hereby made a corporation, by the
name of the Broad Marsh Diking Company, in Ipswich, for the
purpose of making and keeping in repair forever such dikes at
the eastern and western ends of said marsh, as may be necessary
and sufficient to protect the same from the sea.
Assessments for Sect. 2. Be it further enacted. That the said company are
mamtammg hereby empowered to raise, by an assessment or tax, to be made
and levied on all the proprietors of said marsh lying within the
dikes to be made as afoiesaid, such sum or sums for defraying
the charges of making and maintaining the said dikes, as shall be
agreed upon by the said company, assembled at any legal meet-
ing to be called for that purpose. And such tax. or assessment
shall be apportioned upon such proprietors according to the
number of acres or quantity of said marsh belonging to them re-
spectively, without regard to the quality or value thereof.
Incaseofnon- Sect. 3. Be it further enacted. That if any proprietor of
payment of as- the said marsh shall neglect or refuse to pay the sum or sums of
Mny'mayseir' money duly assessed on him therefor, for the space of six months
delinquent's after such monies shall have been granted, and for the space of
nui^rsh. *^' One month after his assessment shall have been shown to him, or

a copy thereof left at his usual place of abode, then the said com-
pany are hereby empowered to sell, at public vendue, to the high-
est bidder, so much of said delinquent proprietor's part of said
marsh as will be sufficient to pay and sf^tisfy the sum or sums
assessed upon such delinquent proprietor as aforesaid, and all
reasonable charges attending such sale ; notice of such sale, and

1834. Chap. 179—181. ' 485

of the time and place thereof, being given by posting an adver-
tisement thereof in some public place in the town of Ipswich,
thirty days before the time of such sale ; and the said company
may, by their clerk, or a committee to be chosen for that pur-
pose, execute a good deed or deeds of conveyance of the part
of said marsh so sold unto the purchaser thereof, to hold in fee
simple : provided, nevertheless, that the proprietor or proprietors, Proviso,
whose part or share shall be sold as aforesaid, shall have liberty
to redeem the same at any time within twelve months after such
sale, by paying the sum such part or share sold for, and charges,
together with the further sum of six per centum on the amount
produced by such sale.

Sect. 4. Be it further enacted, That, so long as said town Overseers of
of Ipswich shall be proprietors of any part of said marsh, the pooriorepre-

r .1 • -J . r .1 .• 1 • in sent town m the

overseers ol the poor in said town, lor the tmie being, shall rep- meetings of said
resent the same in the meetings of said company, unless some company,
other person or persons shall be especially appointed for that ob-
ject by legal vote of the inhabitants of said town.

Sect. 5. Be it further enacted, That this act shall take Act, when to
effect and be in force so soon as said proprietors shall signify ^^^^ effect.
their assent thereto, in writing, or by voting therefor, at a meet-
ing duly called in the manner provided by law for the first meet-
ing of corporations, [^pril 1, 1834.]

An Act to incorporate the Trustees of the First Methodist Episcopal Church in New- (JfiClT) 181.
buryport. 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 Enoch Huse, Charles Peabody, Benjamin Pin- Persons incor-
dar, Nathaniel Pillsbury, John Dole, Benjamin Gunnison, John P°''^'"*^'^'-
Dodge, Jr., and their successors, are hereby made a corporation
by the name of the Trustees of the First Methodist Episcopal
Church in Newburyport, with all the powers and privileges, and
subject to all the duties and liabilities to which similar corporations
are subject by the constitution and laws of this Commonwealth.

Sect. 2. Be it further enacted, That said corporation shall Real and per-
have power to receive, hold and manage all the property, both ^°"^ estate,
real and personal, belonging to said church ; and any gift, grant,
bequest or donation, that may be made to them for the benefit of
said church, shall be held in trust for the support and maintenance
of the public worship of God, and for the uses and j)urposes for
which it may be committed to them : provided, the income
thereof shall not exceed two thousand dollars : and provided, also,
that the same be appropriated exclusively to parochial purposes.

Sect. 3. Be it further enacted. That the number of trus- Number of
tees of said church, as aforesaid, shall not be more than nine, ""^tees.
nor less than seven, a majority of whom shall constitute a quorum
for doing business ; and all vacancies that may happen from death,
resignation or otherwise, shall be filled according to the directions
given in the discipline of tlie Methodist Episcopal Church.
[April 1, 1834.]

486 1834. Chap. 185.

Chctp 1 85. ^^^ ^^^ '" incorporate the Soulh Wharf Corporation 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
porS '"''°'" ^^^ *"^«5 That William Wright, Abraham A. Dame, their asso-
ciates and successors, are hereby created a body corporate, by
the name of the South Wharf Corporation, and as such, shall
Powers. have all the powers and privileges, and be subject to all the re-

strictions and limitations, contained in the eighty-third chapter of
1833 eh. 83. the Statutes of eighteen hundred and thirty-three ; and said cor-
Real and per- poration may hold real estate to any amount not exceeding in value
sona esde, t{j,.gc hundred thousand dollars, and personal estate, not exceed-
ing in value thirty thousand dollars.
Corporation Sect. 2. Be it further enacted, That said corporation shall

possess certain ^^'ve authority to purchase, hold and possess, in fee simple or oth-
land, &c. erwise, any part of, or all the land, wharves and docks, lying

upon the easterly side of Sea street, near the end of the free
bridge, in Boston, and extending therefrom northerly, not inore
than six hundred feet, and, also, such quantity of land and flats
lying upon the opposite side of said street, as said corporation
Proviso. shall acquire by purchase of the rightful and lawful owners : pro-

vided the whole quantity so purchased shall not exceed four hun-
dred thousand square feet. And said corporation shall have
power to sell and convey, lease, mortgage, improve, or in any
way dispose of its corporate property, or any part thereof, in such
manner as the interest of said corporation may require ; and may
fill up and make solid ground of its flats, and lay out streets, un-
der the sanction of the mayor and aldermen of the city of Boston,
and may erect storehouses and other buildings on said land, and
repair, maintain and improve its whole corporate property in such
manner as may be most for the interest of said corporation : pro-
vided, hoivever, that said corporation shall not so use or improve
said corporate property as to encroach upon, or in any possible
way to affect or interfere with the legal rights of the South Cove
Corporation, the city of Boston, the Commonwealth, or any
other person or corporation whatever.
Number of Sect. 3. Be it further enacted, That said corporation may,

^ '^'^^^' at any legal meeting, agree upon the number of shares into which

its corporate property and estate shall be divided, and upon the
form of certificates of shares to be issued to the proprietors of
the stock, and upon the manner and condition of transferring the
same ; which shares shall be deemed and held as personal prop-
Assessments, erty. And said corporation shall have power to assess, from
tiiTie to time, upon said shares, such sums of money as may be
deemed necessary for making the improvements aforesaid ; and
may sell ihe shares of delinquent proprietors for the payment of
assessments, in such manner as said corporation may by its by-
laws determine : provided, however, that no share in said corpo-
ration shall ever be assessed to a greater amount in all than one
hundred dollars.
Right of voting. Sect. 4. Be it further enacted. That, at all meetings of said
corporation, the proprietors present shall be entitled to as many

1834. Chap. 185—192. 487

votes as they shall respectively hold shares in said corporation ;
and absent members may vote by proxy authorized in writing.
l^pril 1, 1834.]

An Act to reduce the Capital Stock of the People's Bank. Chdll 188

Sect. 1. BE it enacted by the Senate and House of Repre- isssch. 165.
sentatives, in General Court assembled, and by the authority of
the same, That, from and after the first day of May next, the Capital stock
capital stock of the corporation created by an act passed on the ■■^'^"'^^^•
twenty-fifth day of IMarch, in the year of our Lord one thousand
eight hundred and thirty-three, by the name of the president, di-
rectors and company of the People's Bank, be, and the same is
hereby reduced to the sum of one hundred thousand dollars.

Sect. 2. Be it further enacted. That the number of Number of
shares in said capital stock shall remain the san)e as now estab- ^iiares.
lished.

Sect. 3. Be it further enacted. That no dividend of the When dividend
capital stock of said bank, as now existing, shall be made, until '^J' ^^ '"^^^'
it shall have been proved to the satisfaction of the governor and
coimcil, or of commissioners by them appointed, at the expense
of said corporation, that the sum to which the said capital stock
is to be reduced, is sufficient to pay all notes in circulation, and
all deposits and other demands existing against said corporation ;
and that nothing contained in this act shall be construed to affect
'the liability of the corporation, or of the individual stockholders,
as established by the act incorporating said bank, or by any other
existing law. And 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 capital of said
bank, until tlie same shall be reduced as aforesaid, and all ar-
rearages of taxes paid. [,^pril 1, 1834.] Add. acts, 1836
ch. 283: 1837 ch. 105.

An Act to establish an Institution for Savings in Cambridge. C ^Jtr/n 1 Q 1

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That William .J. Whipple, William HiJliard, Levi Farwell, their persons incor-
associates and successors, are hereby incorporated by the name porated.
of "The Savings Institution in the town of Cambridge," and Powers and du-
shall be entitled to all the powers and privileges, and be subject "^^•
to all the duties, liabilities and requirements, contained in the
statute of one thousand eight hundred and thirty-four, entitled "an issich. 190.
act to regulate institutions for savings." [April 2, 1834.]

An Act to incorporate the Andover Institution for Savings. Chfin I Q/*

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same.
That Thomas C. Foster, Abraham J. Gould, and Samuel Mer- Persons incor-
rill, their associates and successors, are hereby incorporated, by po^^ted.
the name of " The Andover Institution for Savings," to be es-
tablished in the town of Andover, and shall be entitled to all the powers and
powers and privileges, and be subject to all the duties, liabilities ^^uties.

488

1834. Chap. 192—196.

1834 ch. 190.

Chap 193.

Persons incor-
porated.

Powers and
duties.

1834 cli. 190.

C/iajt?194.

Persons incor-
porated.

Powers and
duties.

1834 cii. 190.

Chap 195.

Persons incor-
porated.

Powers and
duties.

1834 ch. 190.

Chap\96.

Persons incor-
porated.

Powers and
duties.

1834 cli. 190.

and requirements, contained in the statute of one thousand eight
hundred and thirty-four, entitled " an act to regulate institutions for
savings." \^Jlpril 2, 1834.]

An Act to eslablisli an Institution for Savings in Greenfield.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That Ehjah Alvord, Horatio G. Newcomb and Thomas O.
Sparhawk, their associates and successors, are hereby incorpo-
rated, by the name of "the Frankhn Savings Institution," to be
estabHshed in the town of Greenfield, and shall be entitled to all
the powers and privileges, and be subject to all the duties, liabili-
ties and requirements, contained in the statute of one thousand
eight hundred and thirty-four, entitled "an act to regulate insti-
tutions for savings." [^^pril 2, 1834.]

An Act to establisli an Institution for Saving's in Nantucket.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That Daniel Jones, William Mitchell and Cromwell Barnard,
their associates and successors, are hereby incorporated, by the
name of "the Nantucket Institution for Savings," to be estab-
lished in the town of Nantucket, and shall be entitled to all the
powers and privileges, and be subject to all the duties, liabilities
and requirements, contained in the statute of one thousand eight
hundred and thirty-four, entitled "an act to regulate institutions
f n- savings." [^pril 2, 1834.]

An Act to incorporate the Hingham Institution for Savings.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same.
That David Whiton, Henry Nye, Luther and J. Barnes, their
associates and successors, are hereby constituted a corporation,
by the name of "the Hingham Institution for Savings," to be
established in the town of Hingham, and shall be entided to all
the powers and privileges, and subject to all the duties, liabilities
and requirements, contained in the statute of one thousand eight
hundred and thirty-four, entitled " an act to regulate institutions
for savings." [,Rpril 2, 1834.]

An Act to establish an Institution for Savings in Wellfleet.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That Josiah Whitman, Richard Libby and Ebenezer Freeman,
2d., their associates and successors, are hereby incorporated, by
the name of " the Institution for Savings in the town of Well-
fleet," to be established in the town of Wellfleet, and shall be
entitled to all the powers and privileges, and be subject to all the
duties, liabilities and requirements, contained in the statute of one
thousand eight hundred and thirty-foin*, entitled "an act to regu-
late institutions for savings." [April 2, 1834.]

1835. Chap. 1—3. 489

An Act to establish an Institution for Savings in Sciluate. Chtt'U 197.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That Sainuel A. Turner, Anson Robbinsand Ebenezer T. Fogg, Persons incor-
their associates and successors, are hereby incorporated, by the P°''^'^'l-
name of the "Scituate Institution for Savings," to be established
in the town of Scituate, and shall be entitled to all the powers Powers and
and privileges, and be subject to all the duties, liabilities and "'^^'
requirements, contained in the statute of one thousand eight hun- 1834 ch. 190.
dred and thirty-four, entitled "an act to regulate institutions for
savings." [^pril 2, 1834.]

An Act to establish an Institution for Savings in Lexington. CHdJ) 198.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same.
That William Chandler, Hammond A. Hosmer and Samuel Persons incor-
Chandler, their associates and successors, are hereby incorpo- P°''*'^ •
rated, by the name of the " Lexington Institution for Savings,"
to be established in the town of Lexington, and shall be entitled Powers and
to all the powers and privileges, and be subject to all the liabili-
ties and requirements, contained in the statute of one thousand 1834 ch. 190.
eight hundred and thirty-four, entitled "an act to regulate institu-
tions for savings." ^^pril 2, 1834.]

An Act to confer additional powers on the Fire Department in New Bedford. ChcL'D 1

BE it enacted by the Senate and House of Representatives, 1334 ^h. 7
in General Court assembled, and by the authority of the same.
That the board of firewards of the town of New Bedford shall be Money to be
authorized to expend such sums of money as they may deem ne- repairs^ °^
cessary for the annual repairs of the engines and other fire appara-
tus belonging to that town ; and any sum, not exceeding three
hundred dollars per annum, at their discretion, for alterations and
additions thereto. [Jan. 30, 1835.]

An Act to incorporate the Beverly Academy. Chctt) 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 Eliott Woodbury, Josiah Lovett, 2d., Michael Persons incor-
Whitney, all of Beverly, in the county of Essex, their associates P*"^^*^ '
and successors, are hereby incorporated, by the name of the
Beverly Academy, to be established in the town of Beverly,
with all the powers and requirements contained in the statute of Powers,
eighteen hundred and thirty-three, chapter eighty-three, concern- 1833 ch. 83.
ing corporations.

Sect. 2. Be it further enacted, That the said corporation Real and per-
shall be seized of, and hold a lot of land containing about forty- ^"^"^^ estate,
six poles, situated on Washington street, in said Beverly, and
measuring seventy-six feet on said street, with the school-house
thereon, and shall have power to hold any other real and personal
estate, not exceeding in value the sum of twenty thousand dollars,
to be devoted exclusively to the purposes of education. [Jan.
30, 1835.]

VOL. VII. 62

490

1835..

■Chap. 6—7.

Chcfp. 5. ^" ^^"^ '" addition to " An Act to incorporate the Dartmouth Bridge Company."

BE it enacted by the Senate and House of Representatives ^
in General Court assembled^ and by the authority of the same,
That a further time of one year, from and after the eighth day of
February, in the year of our Lord one thousand eight hundred
and thirty-five, be allowed the Dartmouth Bridge Company, to
complete the bridge which they are authorized to build, by the
act to which this is in addition. \^Feb. 7, 1835.]

1827 ch. 54.

1833 ch. 78.

1834 ch. 11.
Further time ai.
lowed to com-
plete bridge.

Chap. 6.

Persons incor-
porated.

Powers and
duties.

1817 ch, 120.
1819 ch. 141.
1832 ch. 95.

Real estate.

Capital stock.

Chap. 7.

Persons incor-
porated.

Estate.

An Act to incorporate the Essex 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 Treadwell, David Pingree and James
Devereux, their associates, successors and assigns, are hereby
incorporated, by the name of the Essex Insurance Company, to
be established in the town of Salem, for the purpose of making
maritime loans, and insurance against maritime losses, and losses
by fire, in the customary manner, with all the privileges, and sub-
ject to all the duties and obligations, contained in the one hundred
and twentieth chapter of the statutes of eighteen hundred and sev-
enteen, and in the one' hundred and forty -first chapter of the stat-
utes of eighteen hundred and nineteen, and also the ninety-fifth
chapter of the statutes of eighteen hundred and thirty-two, sev-
erally defining the duties and powers of insurance companies,
for and during the term of twenty years after the passing of this
act.

Sect. 2. Be it further enacted, 1 hat said corporation may
purchase, hold and convey any estate, real or personal, for the
use of said company : provided, that the real estate shall not ex-
ceed 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. 3. 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 pro-
visions and penalties, as the president and directors of said com-
pany shall order and appoint. \_Feb. 21, 1835.]

An Act to incorporate the Third Baptist Society in Springfield.

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 K. Marshall, William Green and Smith
Mudget, their associates and successors, are hereby made a cor-
poration, by the name of the Third Baptist Society in Spring-
field, with all the powers and privileges, and subject to all the
duties and liabilities, by law incident to religious societies legally
established in this Commonwealth.

1835. Chap. 7—9. 491

estate into shares, the number of which shall not be less than
fifty, nor more than one hundred ; and may make assessments on
each share, not exceeding fifty dollars.

Sect. 3. Be it further enacted^ That, at all meetings of Right of voting,
said corporation, each proprietor shall be entitled to one vote for
each share owned by him ; and absent members may vote by
proxy in writing : provided, that no proprietor shall be entitled
to more than ten votes. [Feb. 21, 1835.]

An Act to incorporate the South Boston Fire and Marine Insurance Company. Cyflttl), 8.

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 Dunham, John H. Bird, and William B. Persons incor-
Dorr, their associates, successors and assigns, are hereby made P°''**^ '
a corporation, by the name of the South Boston Fire and Ma-
rine Insurance Company, to be located in that part of the city of
Boston, known as South Boston, for the purpose of making
loans and insurance against fire and marine losses in the customary
manner, with all the privileges, and subject to all the duties and Powers and du-
obligations, contained in the one hundred and twentieth chapter *'^*'
of the statutes of the year eighteen hundred and seventeen, and 1817 ch. 120.
the ninety-fifth chapter of the statutes of the year eighteen hun- 1832 ch. 93.
dred and thirty-two, severally defining the powers and duties of
insurance companies, for and during the term of twenty years
from and after the passing of this act.

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 twenty-five dollars each, and shall be col- Shares,
lected and paid in, in such instalments, and under such provisions
and penalties, as the president and directors of said company
shall order and appoint ; and they may purchase and hold, and Real estate,
convey, any estate, real or personal, for the use of said company :
provided, the real estate shall not exceed the value of twenty-
five thousand dollars, except such as may be taken for debt, or
held as collateral security for money due to said company.

Sect. 3. Be it further enacted. That the president, and Residence of
at least two thirds of the directors, shall be resident in said ° *^®'"^'
South Boston.

Sect. 4. Be it further enacted. That said company shall not Limitation of
take a greater amount on any one risk than eight per cent, on its "*'^*"
capital stock. [Feb. 26, 1835.] Add. act, 1836 ch. 171.

An Act in addition to an Act to incorporate the Middlesex Mechanics' Association. dlCLP* 9.

BE it enacted by the Senate and House of Representatives, 1825 ch. 27.
in General Court assembled, and by the authority of the same,
That the Middlesex Mechanics' Association shall have power to Additional real
purchase, hold and enjoy real estate to the amount of ten thousand ^^**'®-
dollars, in addition to the twenty thousand dollars granted in their
act of incorporation, and the same to alienate and manage as they
may see fit, subject to the provisions and limitations contained in
the second and third sections of the statute of the year one thou-
sand eight hundred and twenty-five, chapter twenty-seven.
[Feb. 26, 1835.] Add. act, 1837 ch. 64.

492

1835.-

-Chap. 10.

Chap. 10.

Selectmen to
appoint engi-
neers, &c.

Organization of
engineers.

Engineers to
appoint engine-
men.

Exemption
from military
duty.

Number of en-
gine men, &c.

An Act to establish a Fire Department in the town of Worcester.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentativesj in General Court assembled^ and by the authority of
the same, That the selectmen of the town of Worcester are
authorized, and it shall be their duty, in the month of April in
each year, to appoint as many engineers for their fire department
as they may think expedient : provided, such number so appoint-
ed shall not exceed twelve, who shall hold their offices for one
year from and after the first day of May next succeeding, and
until others are appointed in their places. The said selectmen
are authorized and required to fill any vacancies in the said office
of engineer, and the said engineers shall possess the same author-
ity, and exercise the same powers in relation to the extinguish-
ment of fires as firewards do, by law, possess and exercise.

Sect. 2. Be it further enacted, That the said selectmen,
immediately after the appointment of said engineers shall have
been made, shall issue a warrant to one of their number, requiring
him to notify a meeting of the board of engineers, at such time
and place as shall be designated in such warrant, at which meet-
ing the said engineers shall elect from their number a chief engi-
neer, a clerk, and such other officers as they may deem necessary
for their more complete organization.

Sect. 3. Be it further enacted, That the said engineers be,
and they are hereby authorized and required to exercise all the
powers, and perform all the duties in relation to the nomination
and appointment of engine men, which the selectmen of said
town have been heretofore by law authorized and required to
exercise and perform ; and said engineers, and all persons ap-
pointed by them pursuant to this act, shall be subject to the same
duties, and entitled to the same privileges and exemptions, as
engine men are subjected and entitled to, when appointed by the
selectmen : provided, however, that they shall not be exempted
from military duty unless they shall produce to the commanding
officer of the company, within whose bounds they reside, in the
month of May in each year, certificates of their appointment,
signed by the chief engineer, or by the clerk of the board of
engineers.

Sect. 4. Be it further enacted. That the said engineers be,
and they are hereby authorized and empowered to appoint such
number of men to the engines, hose, 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 fifty men ; to each
common engine, thirty-five men ; to each hose carriage, five
men ; to the hook and ladder carriages, twenty-five men ; and
to the fire company, twenty-five men ; also to appoint three men
as assistant engineers, who shall exercise such supervising control
and authority, relative to the operations Cor extinguishing fires,
and to the inspection and preservation of the fire apparatus be-
longing to said town, as the board of engineers may, from time

1835. Chap. 10. 493

lo lime, delegate to them ; and the said engine, hose, hook and Companies may
ladder carriage men, and fire company, are authorized to organize sefyTs^^eiert"""
themselves into distinct companies, to elect captains, clerks, and officers, &c.
other necessary officers, to establish such rules and regulations
as may be approved by the board of engineers, and to annex
penalties to the breach of the same, which may be sued for and
recovered, by the clerk of any company so organized, before
any court of competent jurisdiction, to be appropriated to the
use of such company : provided, that no penalty shall exceed the
sum of ten dollars ; and provided further, that such rules and
regulations be not repugnant to the constitution and laws of this
Commonwealth.

Sect. 5. Be it further enacted, That the said board of en- Engineers to
gineers shall have the care and superintendence of the public en- -Ifte^^lp^ super-
gines, hose, fire-hooks, ladder carriages and ladders, together the public en-
with the buildings, fixtures and appendages thereto belonging, and S'°««'"^<=-
all the pumps, reservoirs for water, and all apparatus owned by
the town of Worcester, and used for extinguishing fires, and shall
cause the same to be kept in repair, and when worn out, to be
replaced, and from time to time shall make such alterations therein
and additions thereto, as they shall deem necessary : provided, Proviso,
such alterations, additions or repairs shall not exceed in any one
year, the sum of one hundred dollars, unless said town of Wor-
cester shall have authorized a larger appropriation.

Sect. 6. Be it further enacted, That the said board of en- Engineers to
gineers, at any meeting thereof, may establish such rules and or- and ordinTnces
dinances as they may judge proper, to prohibit or regulate the
carrying of fire, firebrands, lighted matches, or any other ignited
materials, openly in the streets or thoroughfares of said town, or
in such parts thereof, as they may designate, and to prohibit any
owners or occupants of any building within said town, or such
parts thereof as such board may designate, from erecting or main-
taining 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 spontaneous combustion, or
whatever else may give just cause of alarm, or may be the means
of kindling or spreading fires. And the said board of engineers
may also, from time to time, make and ordain rules and regula-
tions for their own government, and for the conduct of citizens,
present at any fire, and may annex penalties for the breach of any Penalties.
rule, regulation, or ordinance, which they may have deemed ex-
pedient to make, not exceeding twenty dollars for any one breach
thereof ; and the same may be prosecuted for, and recovered by
the chief engineer in his own name, before any court of compe-
tent jurisdiction, and all penalties so recovered shall be appropri-
ated by said engineers to the improvement of the fire apparatus of
said town : provided, such rules, regulations and ordinances shall
not be repugnant to the constitution and laws of the Common-
wealth, and shall not be binding until the same shall have been
approved by the inhabitants of said town, in legal meeting held for

494

1835.-

-Chap. 10—13.

Act, when to
take effect.

Chap. 12.

Persons incor-
porated.

Powers and
duties.

1829 ch. 53.

Real and per-
sonal estate.

Chap. 13,

Persons incor-
porated.

Powers and du-
ties.

1829 ch. 53.

Real and per-
sonal estate.

that purpose, and published in some newspaper printed in said
town of Worcester.

Sect. 7. Be it further enacted^ That all laws inconsistent
with the provisions of this act, be, and hereby are repealed, so
far as they may apply to said town of Worcester, and that the pro-
visions of this act shall not take effect until the same shall have
been accepted by a majority of the inhabitants of said town quali-
fied to vote in town affairs, at a meeting legally notified for that
purpose, and shall continue in force until modified or repealed by
the legislature of this Commonwealth. [JFe6. 26, 1835.]

An Act to incorporate the Boston and Lynn India Rubber 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 Charles C. Nichols, Thomas Whitmarsh, and
Benjamin Freeman, together with such other persons as may be-
come associates with them, their successors and assigns, be, and
they hereby are created a body corporate, by the name of the
Boston and Lynn India Rubber Manufacturing Company, for the
manufacture of india rubber in its various forms, in the town of
Lynn, in the county of Essex, and for this purpose shall have all
the powers and privileges, and shall be subject to all the duties
and requirements, contained in the statute of one thousand eight
hundred twenty-nine, chapter fifty-three, defining the general
powers and duties of manufacturing corporations.

Sect. 2. Be itfurther enacted, That said corporation may take
and hold such real estate, not exceeding in value the sum of fifty
thousand dollars, and such personal estate, not exceeding in value
the sum of one hundred and fifty thousand dollars, as may be suita-
ble for carrying on the manufacture aforesaid. [JMarch 2, 1835.]

An Act to incorporate the Boston India Rubber Factory.

Sect. 1 . BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Ezra Eaton, Frederick Gould, and James Mor-
rill, their associates, successors and assigns, be, and they are
hereby made a corporation, by the name of the Boston India
Rubber Factory, for the purpose of manufacturing in the county •
of Norfolk, or county of Suffolk, india rubber cloth, leather,
clothing, and other goods and fabrics, consisting wholly or in part
of india rubber, and shall have all the powers and privileges, and
be subject to all the duties and requirements, contained in the
statute of one thousand eight hundred twenty-nine, chapter fifty-
three, defining the general powers and duties of manufacturing ;
corporations. ,

Sect. 2. Be it further enacted, That the said corporation i
may take and hold such real estate, not exceeding in value twenty
thousand dollars, and such personal estate, not exceeding in value
eighty thousand dollars, as may be suitable and convenient for the
purposes aforesaid. [March 2, 1835.]

1835. Chap. 14—18. 495

An Act to incorporate the Boston Rice Mill Company. ChctV. 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 Prince, Samuel Hinckley, Benjamin Pick- Persons incor-
man, and William Pickman, their associates and successors, be, porated.
and they hereby are made a corporation, by the name of the Bos-
ton Rice Mill Company, for the purpose of hulling, cleaning and
grinding rice, and for such purpose shall have all the powers and Powers and du-
privileges, and be subject to all the duties and requirements, con- ''^^'
tained in the statute of one thousand eight hundred and twenty- 1829 eh, 53.
nine, chapter fifty-three, defining the general 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, not ex- ^'*"*' ^*'^^^-
ceeding in value twenty thousand dollars, and such personal estate,
not exceeding in value eighty thousand dollars as may be conven-
ient and necessary for the purposes aforesaid. [March 3, 1835.]

An Act to incorporate the Proprietors of West Bradford Meeting-house. C^IlflT) 1 5

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, Leonard Johnson and Alfred Persons incor-
Kittredge, their associates and successors, are hereby incorpo- P'""^'^'^-
rated as a religious society, by the name of the Proprietors of
West Bradford Meeting-house ; with all the powers and privi-
leges, and subject to all the duties and liabilities by law incident
to religious societies legally established in this Commonwealth.

Sect. 2. Be it further enacted, That said corporation shall Estate.
have power to hold and manage any estate, to the value of ten
thousand dollars : provided, the same be appropriated exclusively
to parochial purposes. [JMarch 4, 1835.]

An Act to incorporate Grace Church in the city of Boston. C/ldT) 1 6

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 Howard, Otis Daniell, Robert Farley, Persons incor-
Barnum Field, Thomas W. Haskins, Benjamin P. Richardson, P^i^^^^^-
and Edward S. Rand, and their associates and successors, are
hereby incorporated as a religious society, by the name of Grace
Church in the city of Boston ; with all the powers and privileges,
and subject to all the duties and liabilities, by law incident to
religious societies, legally established in this Commonwealth.

Sect. 2. Be it further enacted, That the said corporation Real and per-
may take and hold estate, real and personal, the income of which *°"^' ^^'^*^-
shall not exceed five thousand dollars per annum : provided, the
same be appropriated exclusively to parochial purposes. [March
4, 1835.]

An Act to incorporate the African Methodist Episcopal Church in Nantucket. CIlClV 1 8

Sect. 1. BE it enacted by the Senate a7id House of Repre-
sentntives, in General Court assembled, and by the authority of
the same, That Bristol Wright, Arthur Cooper, and John Coo- Persons incor-
per, their associates and successors, are hereby incorporated as po^'^^^d.

496

1835.-

■Chap. 18—21.

a religious society, by the name of the African Methodist Epis-
copal Church in Nantucket, with all the powers and privileges,
and subject to all the duties and liabilities by law incident to
religious societies legally established in this Gomtnonwealth.

Sect. 2. Be it further enacted, That said corporation shall
have power to hold and manage any estate of the value of three
thousand dollars : provided the same be appropriated exclusively
to parochial purposes. [March 4, 1835.]

An Act to incorporate the Holmes' Hole Union Wharf 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 Elijah Hilhnan, Thomas Bradley, Bartlett Allen,
Charles Look, their associates, successors and assigns, are here-
by made a corporation, by the name of the Holmes'. Hole Union
Wharf Company, with all the powers and requirements, con-
tained in the eighty-third chapter of the statutes of eighteen hun-
dred and thirty-three.

Sect. 2. Be it further enacted. That said corporation may
hold and possess a certain wharf, situate in the harbor of Holmes'
Hole, in Dukes' County, bounded by the foot of the street lead-
ing to the water, between the land of Jonathan Luce, Jr., and
that of the heirs of Silas West, and running thence in a parallel
line of said street, twenty-five rods, with all the privileges and
appurtenances thereto belonging. [March 4, 1835.]

An Act In addition to tlie Act to incorporate the African Humane Society.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Name altered, (he Same, That the African Humane Society be hereafter known
and called by the name of the Paul Humane .Society.

Sect. 2. Be it further enacted. That the standing commit-
tee of said society shall hereafter consist of the president, secre-
tary and treasurer, and four members of said corporation, to be
elected in the manner provided in the fourth section of the act to
which this is in addition, any four of whom shall constitute a quo-
rum to transact business. [March 4, 1835.]

Real and per-
sonal estate.

Chap. 19.

Persons incor-
porated.

Powers.
1833 ch. 83.

May hold emd
possess wharf.

Chap. 20.

1819 ch. 68.

Standing com
mittee.

Chap. 21.

1795 ch. 22.
(v. 4. p. 557.
App.)
1798 ch. 46.
(v. 4. p. 563.
App.)

1805 ch. 47.
1814 ch. 82.
1824 ch. 118.
1830 ch. 26.

Powers and du-
ties.

1817 ch. 120.
1832 ch. 95.

An Act to continue in force an Act to incorporate the Massachusetts Fire and Marine
Insurance Company.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same^
That the statute of the year one thousand seven hundred and
ninety-five, chapter twenty-two, incorporating the Massachusetts
Fire and Marine Lisurance Company, and the several acts in ad-
dition thereto, be continued and remain in force for the term of
twenty years, from and after the twenty-fifth day of June, in the
year one thousand eight hundred and thirty-five : provided, that
said company shall be subject to all the duties and obligations,
and entitled to all the privileges, contained in the statutes of the
year one thousand eight hundred and seventeen, chapter one hun-
dred and twenty, and of the year one thousand eight hundred and
thirty-two, chapter ninety-five. [March 4, 1835.] Add. act,
1836 ch. 39.

1835. Chap. 22—25. 497

An Act to establish an Institution for Savings in Canton. Chfin 99

BE it enacted by the Senate and House of Representatives, "*

in General Court assembled, and by the authority of the same,
That Adam Kingsley, Friend Crane and Jonathan Stone, their Persons incor-
associates and successors, are hereby made a corporation, by the P"*"**®**-
name of " the Canton Institution for Savings," to be established
in the town of Canton, in the county of Norfolk, with all the Powers and du-
powers and privileges, and subject to all the duties and liabilities,
prescribed in the statute of the year one thousand eight hundred 1834 ch. 190.
and thirty-four, chapter one hundred and ninety, regulating insti-
tutions for savings. [March 4, 1835.]

An Act to change the name of the Baptist Missionary Society in Massachusetts to the f^hnn 9*^
iMassachusetts Baptist Convention. ^IIU^. AakJ.

Sect. 1. BE it enacted by the Senate and House of Repre- Jgai ch 71
sentatives, in General Court assembled, and by the authority of
the same. That, from and after the passing of this act, the Bap- Name changed,
tist Missionary Society in Massachusetts shall be known and
called by the name of the Massachusetts Baptist Convention, and
that it retain, under said new name, all its existing powers, privi-
leges, rights and property, and remain subject to all its present
duties, obligations and liabilities.

Sect. 2. Be it further enacted, That so much of the act of Repeal,
incorporation of said society, as relates to the number, duties and
time and place of choosing the officers of said corporation, be,
and the same is hereby repealed. [Mayxh 4, 1835.]

An Act to establish an Institution for Savings in Concord. Ch(lt)» 24).

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That Nathan Brooks, Nehemiah Ball and Josiah Bardett, their Persons incor-
associates and successors, are hereby made a corporation, by the P°''^'^®'*-
name of "the Middlesex Institution for Savings," to be estab-
lished in the town of Concord, in the county of Middlesex, with Powers and
all the powers and privileges, and subject to all the duties and "''^^'
liabilities, prescribed in the statute of the year one thousand eight 1834 ch. 190.
hundred and thirty-four, chapter one hundred and ninety, regu-
lating institutions for savings. [March 4, 1835.]

An Act to establish the dividing line between Westborough and Southborough. (^hflT) 9^1

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 line shall be in future the dividing Dividing line
line between the towns of Westborough and Southborough, viz : described,
beginning at a stone monument near Charles Buck's house, at a
corner of Westborough, Southborough and Northborough ; thence
running south, twenty-eight and one quarter degrees east, one
thousand and sixty-one rods, to a stake and stones erected by
the viewing committee ; thence running south, eighty-six and a
half degrees west, one hundred and fifty-seven rods, to a stone
on the brink of Sudbury river, marked on the easterly side with
the letter S, on the westerly side with the letter W, and on the
southerly side with the letter H. [March 5, 1835.]

VOL. VII. 63

498

1835.-

■Chap. 26—28.

Chap. 26.

1833 ch. 23.

1834 ch. 6.
Authorized to
hold increased
amount of real
and personal
estate.

An Act in further addition to an Act to incorporate the Roxbury India Rubber Factory.

BE it enacted by the Senate and Hovse of Representatives^
in General Court assembled, and by the authority of the same,
That the Roxbury India Rubber Factory be, and they hereby
are authorized to take and hold real estate, for the purpose ot
prosecuting the business of said corporation, to an annount not
exceeding one hundred thousand dollars in value, and personal
estate, to an amount not exceeding two hundred thousand dollars
in value, the limitations in the several acts to which this is in ad-
tion to the contrary notwithstanding. [March 5, 1835.]

Chctp. 27. An Act to authorize the First Parish in Charlestown to sell certain real estate.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That the first parish in Charlestown is hereby authorized to em-
power their treasurer, for the time being, to sell any part or the
whole of their real estate within said town, and to make and exe-
cute a deed or deeds thereof to the purchaser or purchasers ;
and the proceeds of such sale or sales, as aforesaid, shall be in-
vested in such manner as said first parish shall direct : provided,
however, that the income only, and no part of the principal, shall
be applied to the support of the ministry in said parish : and
provided, also, that the minister or ministers thereof, for the time
being, shall concur with said parish in the sale of said real estate,
and join in the execution of any deed or deeds made for the con-
veyance thereof. [March 5, 1835.]

An Act to incorporate the Boston Asylum and Farm School for Indigent Boys.

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 two corporations, entitled " the Boston Asy-
lum for Indigent Boys," and "the Proprietors of the Boston
Farm School," be, and the same hereby are united into one cor-
poration, by the name of the Boston Asylum and Farm School
for Indigent Boys," with all the powers contained in the statute
of one thousand eight hundred and thirty-three, chapter eighty-
three.

Sect. 2. Be it further enacted. That all persons, who are
members for life of either of the said former corporations, or who
shall pay the sum of fifty dollars, in one payment, to the corpo-
ration hereby created, shall be members for life of the corporation
hereby created. And every person, who shall subscribe and pay
to the said corporation, a sum not less than three dollars annually,
shall be a member thereof so long as he continues to pay the
same.

Sect. 3. Be it further enacted, That the said corporation
shall be deemed and taken to be successor to the said first named
corporations, and may take and hold, free from taxes, real estate,
not exceeding seventy-five thousand dollars in value, and personal
estate, not exceeding one hundred thousand dollars, and shall be
authorized to receive and hold all property belonging to the said
former corporations. And the managers and officers of the two

Parish author-
ized to empower
their treasurer
to sell real
estate.

Income only to
be applied to
support of min-
ister.

Chap. 28.

1813 ch. 153.
1823 ch. 53.
1833 ch. 135.
Corporations
united.

Powers.
1833 ch. 83.

Members for
life.

Members.

Real and per-
sonal estate.

1835. Chap. 28. 499

former corporations, who are now in office, or the nnajor part of Deeds of as-
them, respectively, are empowered, at any time within three tSen *"*^
months, to make any deeds or instruments, that shall be consid-
ered proper or convenient, for confirming the said assignment and
transfer of the property of the two former corporations to the
corporation hereby created.

Sect. 4. Be it further enacted. That all the funds of said Admission of
corporation shall be managed and appropriated for relieving, in- °^ '
structing and employing indigent boys. And the said corpora-
tion shall have power to admit into their institution any indigent
boy above the age of five years, at the request of his parent or
guardian, and to accept from his father, or, in case of his death,
from his mother or guardian, a surrender in writing of any such
boy to the care and direction of said corporation. And they
may take into said institution any other indigent boys, residing
in the city of Boston, who have no parent or guardian within the
Commonwealth. And all boys so admitted shall be maintained
and employed in said institution, and shall be instructed in moral
and religious duties, and the learning usually taught in the com-
mon town schools. And when of suitable age, shall be employed
in a regular course of labor, and be so instructed in agriculture,
or such other useful occupations, as to prepare them to earn their
own livelihood.

Sect. 5. Be it further enacted, That the said corporation Boys to be
shall have authority to retain and employ such boys on their farm, ''°""<^ ""'•
after they are of suitable age, to be bound out until the age of
twenty-one years, or they may bind out such boys when of suit-
able age, in virtuous families, or as apprentices at any reputable
trade, until the age of twenty-one years, in like manner, and on
the same conditions, as overseers of the poor may, by law, bind
out the children of poor persons settled in their respective towns :
provided, that any such boy, who shall not have been surrendered Proviso,
to said corporation in the manner herein provided, may be with-
drawn from the institution, or the person to whom he is bound,
by his parent or guardian, upon payment to said corporation of
the expenses incurred by them in the relief, support and instruc-
tion of such boy.

Sect. 6. Be it further enacted, That the said two former Donations made
corporations shall continue to exist so far only as to enable them ^y ^'"•
to take any donation made to them by will or otherwise. And
in case of such donation, it shall be lawful for the corporation
hereby created, as the agent and successor of either of such
former corporations, to demand and receive such donation, and
give a sufficient discharge and release therefor, which shall be as
valid as if made by the corporation to which said donation shall
be given. And the same shall be appropriated in the manner
herein provided for the funds of the corporation hereby created.

Sect. 7. Be it further enacted. That the first meeting of First meeting,
the corporation hereby created, may be called by any three of
the managers or directors of either of said former corporations,
in the manner prescribed in the statute of one thousand eight

500 1836. Chap. 28—32.

hundred and thirty-three, chapter eighty-three. [March 5,
1835.]

Ch(iP» 29. ^^ ^^"^ *° incorporate the Second Methodist Episcopal Church 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

Persons incor- 1 the same, That Joseph Brovvneli, Billings F. Cory, and Abel
Hart, their associates and successors, are hereby made a corpo-
ration, by the name of the Second Methodist Episcopal Society
in New Bedford ; with all the powers and privileges, and subject
to all the duties and liabilities, by law incident to religious soci-
eties legally established in this Commonwealth.

Estate. Sect. 2. Be it further enacted, That said corporation shall

have power to hold and manage any estate, to the value of thirty
thousand dollars : provided, the same be appropriated exclusively
to parochial purposes. [JMarch 5, 1835.]

Chttt). 30. •^" ^'^'^ '° incorporate the Proprietors of the Belmont Institute.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
Persons incor- That John Jeffries, John Binney, Robert H. Eddy, A. C
porae . Lombard, E. Scholfield, Jr., and Francis Parkman, their asso-

ciates and successors, are hereby incorporated as the Proprietors
of the Belmont Institute, to be established within the limits of
the city of Boston, for the purpose of a female seminary, with
Powers, the powers and requirements contained in " an act concerning

1833 eh. 83. corporations," passed March eighth, one thousand eight hundred
Real and per- and thirty-three ; and with power to hold real and personal es-
sonar estate. ^g^g^ ^^^^ exceeding in value the sum of fifty thousand dollars, to
be devoted exclusively to the purposes of education. [March
6, 1835.]

OftCtjt?. ol • An Act authorizing the town of Tisbury to close up Bass Creek in said town.

BE it enacted by the Senate and House of Representatives,

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

Town author- ^hat the inhabitants of the town of Tisbury are hereby author-
ized to close up . , , , , , .', 1111
Bass Creek. ized and empowered to close up the creek, commonly called

Bass Creek, in the village of Holmes' Hole, so as effectually to

stop the communication of the waters of the harbor of Holmes'

Hole with the waters of the Lagoon Pond, so called, through

said creek. [March 6, 1835.]

ChcfD 32 ^^ ^^^ *° incorporate the Franklin Hemp and Flax Manufacturing Compan}'.

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 Henry Lewis and Joseph W. Lewis, their asso-
porated. ciates, succcssors and assigns, be, and they hereby are made a

[Name changed Corporation, by the name of the Franklin Hemp and Flax Man-
1837 ch. 71.] ufacturing Company, for the purpose of spinning hemp and flax,
and manufacturing cordage, hemp bagging, duck, and twine, in
Powers and du- the city of Boston, with all the powers and privileges, and sub-
*'®^' ject to all the duties and requirements, contained in the statute of

1829 ch. 53. eighteen hundred and twenty-nine, chapter fifty-third, defining
the powers and duties of manufacturing corporations.

1835. Chap. 32—36. 501

Sect. 2. Be it further enacted., That the said corporation Real and per-
may take and hold such real estate, not exceeding in value twen- s""^' estate,
ty-five thousand dollars, and such personal estate not exceeding
in value seventy-five thousand dollars, as may be suitable for car-
rying on the nnanufacture aforesaid. [March 6, 1835.] Add.
act, 1837 ch. 71.

An Act relating to the Three Rivers Bridge in Palmer. KyllCLp, OO.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That, froni and after the first day of April next, the Three Riv- |VPP°^p°^ ^^
ers bridge, so called, which crosses the Chickopee river in bridge.
Palmer, in the county of Hampden, shall be supported, amended
and sustained at the proper expense and charge of the said county
of Hampden. And it shall be the duty of the county commis-
sioners for the said county of Hampden, for the time being, to
carry the provisions of this act into effect. [March 6, 1835.]

An Act in addition to " An Act to establish the Winnisimmet Bank. Cy/lCip, «34<.

Sect. 1. BE it enacted by the Senate and House of Repre- i833ch. 195.
sentatives, in General Court assembled, and by the authority of ^^^'^ '^^- ^^■
the same, That the corporation created by the act, to which this Name changed,
is an addition, by the name of the "President, Directors and
Company of the Winnisimmet Bank," shall hereafter be known
by the name of the President, Directors and Company of the
Fulton Bank.

Sect. 2. Be it further enacted. That so much of the act Repeal,
to which this is an addition, as requires the said bank to be es-
tablished or kept near the Winnisimmet Ferry, in the city of
Boston, be, and the same is repealed, and that the said bank
may be established and kept in any part of said city. [March
6, 1835.]

An Act authorizing the town of Harwich to continue a Bridge over Herring River. CflCfV. t3o.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same.
That the town of Harwich is hereby authorized and empowered
to continue and maintain the bridge over Herring river, in said
town, near the house of Job Chase, notwithstanding any sup-
posed navigability of the waters over which said bridge extends :
provided, that no toll shall ever be demanded of any person for
passing the same. [March 6, 1835.]

An Act to incorporate the VVestport Allen Manufacturing Company. Chcip> 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 William H. Allen, Gideon Allen, Joseph H. Persons incor-
Allen, and Frederick Parker, their associates, successors and as- P"*"^^
signs, be, and they hereby are made a corporation, by the name
of the Westport Allen Manufacturing Company, for the purpose
of manufacturing cotton yarn, and cotton goods, in the town of
Westport, in the county of Bristol, with all the powers and priv- Powers and
ileges, and subject to all the duties and requirements, contained

502

1835.-

-Chap. 36—38.

1829 ch. 53.

Real and per-
sonal estate.

Chap. 37.

Persons incor-
poiated.

Powers and
duties.

1829 ch. 53.

Real and per-
sonal estate.

Chap. 38.

Persons incor-
porated.

Powers and
duties.

1829 ch. 53.

Real and per-
sonal estate.

in the statute of eighteen hundred and twenty-nine, chapter fifty-
third, defining the powers and duties of manufacturing corpo-
rations.

Sect. 2. Be it further enacted^ That the said corporation
may take and hold such real estate, not exceeding in value fifty
thousand dollars, and such personal estate, not exceeding in value
fifty-five thousand dollars, as may be suitable for carrying on the
manufacture aforesaid. {March 6, 1835.]

An Act to incorporate the New England India Rubber Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled, and by the authority of
the same, That William Butters, .Toshua C. Bates, Benjamin
Clark, Nathan Richardson, their associates, successors and as-
signs, be, and they hereby are constituted a body corporate, by
the naiTie of the New England India Rubber Company, for the
purpose of manufacturing, within the county of Norfolk, goods,
merchandize, and other articles, the component stock of which
will be wholl}^ or in part India rubber, or gum elastic, and for this
purpose shall have all the powers, and be subject to all the du-
ties and requirements, contained in the statute of eighteen hun-
dred and twenty -nine, chapter fifty-third, defining the powers and
duties of manufacturing corporations.

Sect. 2. Be it further enacted, That the said corporation
may take and hold such real estate, within said county of Norfolk,
not exceeding twenty thousand dollars, and such personal estate,
not exceeding in value fifty thousand dollars, as may be suitable
for carrying on the manufacture aforesaid. [JWarch 6, 1835.]

An Act to incorporate the Boyden Malleable Cast Iron and Steel 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 George Darracott, Joseph Mariner, William B.
Dorr, and their associates, successors and assigns, be, and they
hereby are created a corporation by the name of the Boyden Mal-
leable Cast Iron and Steel Company, for the purpose of manufac-
turing, in the city of Boston, in the county of Suffolk, all kinds
of iron and steel ware, and articles, and for plating, painting and
enammelling the same ; and for this purpose shall have all the
powers and privileges, and be subject to all the duties and require-
ments, contained in the statute of one thousand eight hundred and
twenty-nine, chapter fifty-three, " defining the general powers and
duties of manufacturing corporations."

Sect. 2. Be it further enacted. That the said corporation
may take and hold such real estate, in said Boston, not exceed-
ing in value the sum of one hundred thousand dollars, and such
personal estate, not exceeding in valtie the sum of two hundred
thousand dollars, as may be suitable for carrying on the manufac-
ture aforesaid. {March 6, 1835.]

1835. Chap. 39. 503

An Act to incorporate the Berkshire Mutual Fire Insurance Company. Chni) S9

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 Willis, Edward A. Newton, Ezekiel R. Persons incor-
Colt, their associates and successors, be, and they iiereby are po'"ated.
made a corporation, by the name of the Berkshire Mutual P^ire
Insurance Company, with all the powers and privileges con- Powers and pri-
tained in the statute of the year one thousand eight hundred and ^''^S^^-
thirty-three, chapter eighty-three, and all other powers and privi- 1833 ch 83.
leges incident to similar corporations, for the term of twenty-eight
years ; and every person who shall be insured by said corpora-
tion, shall be a member thereof so long as he shall be thus
insured.

Sect. 2. Be it further enacted, That the said corporation Directors,
shall annually elect not less than five directors, who, at the time
of their election, shall be citizens of the Commonwealth, and after
the first election, members of the corporation, and who shall
manage and conduct all the affairs and business of the corpora-
tion. All elections shall be by ballot, and in the manner pro- Right of voting.
vided by the by-laws, and absent members may vote by proxy :
provided, that no one member shall be allowed more than five
votes.

Sect. 3. Be it further enacted, That the directors shall Choice of presi-
meet as soon as may be after their election, and choose one of '^^"''•^<=-
their number to be president, and they shall also choose a secre-
tary and treasurer. The secretary shall be sworn to the faithful
discharge of his duty, and shall keep a true record of all votes of
the corporation, and of the directors, and of all policies issued by
the corporation. All the officers shall hold their offices until
others are chosen, and all vacancies may be filled by a special
election, in the manner prescribed for the annual elections.

Sect. 4. Be it further enacted. That, when the sum of When author-
fifty thousand dollars shall be subscribed to be insured by said '^^^ '^'""^"''^'
corporation, they may insure, for a term not exceeding seven
years, upon any building or furniture in the same, within this
Commonwealth, any amount not exceeding three fourths of the
value thereof; and all policies of insurance by them made, shall
be subscribed by the president, or, in case of his death, inability
or absence, by any two of the directors, and countersigned by
the secretary, and shall be binding upon the corporation, and
have the same effect as if under their corporate seal.

Sect. 5. Be it further enacted. That the funds of said cor- investment and
poration shall be invested in stocks or loaned on security, as the fdlfdT"^'^ '°" "
directors may order ; and shall be appropriated, first to pay their
expenses, and then to pay the damages which any member may
be entitled to recover on his policy, and if any member shall have
a just claiiTi upon said corporation, exceeding the amount of their
then existing funds, exclusive of deposit notes made by the mem-
bers, the directors shall forthwith assess such sum as may be ne- Assessments.
cessary to pay the same, upon the members, in proportion to
the amount of their premiums and deposits, severally, for seven

504 1835. Chap. 39.

years, but not to exeeed double the amount of such premiums
and deposits.
Liability of di- Sect. 6. Be it further enactcd, That whenever sufficient
fusaUo mVke ©State or funds of said corporation cannot be found to satisfy any
assessments, execution against them, founded upon a judgment on any policy
'^*=- issued by them, and the directors shall neglect or refuse, for thirty

days after the rendition of such judgment, to make an assessment
therefor, as herein provided, and to deliver the same to the treas-
urer, and direct him to collect the same, or if, when the said as-
sessment is collected, or when the said corporation have sufficient
funds therefor, the directors neglect or refuse to pay the said
execution ; then, and in either case, the same may be levied
upon the private property of any one or more of the directors.
And any director, whose property may be so taken, or who may
pay the same, may have his action against the corporation to re-
cover full and adequate damages therefor.
Policy to create Sect. 7. Be it further enacted, That each policy issued by
a lien on prop- said Corporation shall, of itself, and without any other ceremony,
erty insure . create a lien on the interest of the person insured, in any build-
ing thereby insured, and in the land under the same, for the se-
curity and payment of any sums for which he may be liable to be
Proviso. assessed, in consequence of taking or holding said policy : pro-

vided^ the extent of such liability, and the intention of the cor-
poration to rely upon sucli lien shall be set forth in the policy ;
and that such lien shall cease upon the expiration of the policy,
or upon the alienation of the estate to a bona fide purchaser, un-
less the policy shall be continued in force, by consent of the
purchaser, notwiihstanding such alienation. And if it shall be-
come necessary to resort to such lien for the payment of any
deposit note, or any assessment secured thereby, the treasurer
shall demand payment thereof from the assured, or his legal
representatives, and also from the tenant in possession of the
insured premises, setting forth in wa-iting the sum so due ; and in
Execution how ^^^^ ^'^© same is not paid, the corporation may maintain an action
levied. ' therefor, and may levy any execution issued thereon, upon the
estate subjected to the lien, and the officer making the levy may
sell the whole, or any part thereof at auction, in the same manner
as is required by law in the sale upon execution of equities of
Right to redeem redemption of mortgaged premises ; and the owner shall have a
estate. j-jght to redeem said estate within one year from the time of sale,

by paying the amount which may by such sale have been satisfied
on such execution, with interest at the rate of twelve per cent, per
annum thereon, deducting the rents and profits over and above
the repairs. And if there be any surplus of the proceeds of such
sale, after satisfying the execution with the legal costs and charg-
es, the officer shall return such surplus to the owner of the estate.
Right of mem- Sect. 8. Be it further enacted, That each member of the
Afnds°&c!^'^ '*'^ corporation shall, at the expiration of his policy, have a right to
demand and receive from them his share of the funds then re-
maining, after paying all expenses and losses then incurred, in

1835. Chap. 39—42. 505

proportion to the sum or sums by him actually paid, in conse-
quence of said policy.

Sect. 9. Be it further enacted, That the said corporation Liability to tax-
shall be liable to be taxed by any general law taxing similar insti-
tutions ; and the directors shall, when required by the Legislature,
Jay before them a statement of their affairs and business, and sub-
mit to an examination concerning the same under oath. [JWarch
6, 1835.]

An Act to incorporate the Proprietors of the Boston Chemical Laboratory. C/ilCip, 40.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Ebenezer Stevens, Benjamin F. Hathorne, Jo- Persons incor-
siah Dunham, Jr., and John P. Caldwell, their associates, sue- P<"'^'®***
cessors and assigns, be, and they hereby are made a corporation,
by the name of the Boston Chemical Laboratory, for the purpose
of manufacturing chemical preparations at Boston, in the county
of Suffolk, and for this purpose shall have all the powers and Powers and du-
privileges, and be subject to all the duties and requirements, ^'^^'
contained in the statute of one thousand eight hundred and twenty- 1829 oh. 33.
nine, chapter fifty-third, defining the general powers and duties
of manufacturing corporations.

Sect. 2. Be it further enacted, That said corporation may Real and par-
take and hold such real estate, not exceeding in value ten thou-
sand dollars, and such personal estate, not exceeding in value
twenty thousand dollars, as may be suitable for carrying on the
manufacture aforesaid. [March 6, 1835.]

An Act to establish a part of the dividing line between Pembroke and Hanover. CflCL'D' 41 .

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 line be in future a part of the divid- Dividing line,
ing line between the towns of Pembroke and Hanover, viz :
beginning at the middle of the centre pier of the bridge over
Indian Head river, below the dam, thence south, eighty-two
degrees west, by the magnetic meridian, eleven and one fourth
rods to the dam. [March 6, 1835,]

An Act to incorporate the Old Colony Insurance Company. ChdVm 42.

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 Jacob Covington, Ezra Finney, and their Persons incor-,
associates, successors and assigns, be, and they are hereby made P°^^*^ •
a body politic, by the name of the Old Colony Insurance Compa-
ny, for the purpose of making maritime loans and insurance against
maritime losses, in the customary manner, with all the privileges. Powers and du-
and subject to all the duties and obligations, contained in a law ^'^*'
entitled "an act to define the powers, duties and restrictions of 1817 ch. 120.
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 1832 ch. 95.

VOL. vir. 64

506

1835..

-Chap. 42-

Real estate.

Capital stock.

Location.

Chap. 43.

Societies
united.

Real and per-
sonal estate.

Chap. 44.

Persons incor-
porated.

Powers.

1833 ch. 83.

Real and per-
sonal estate.

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 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 he 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 one hundred dollars each, and shall all be collected
and paid, 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 the Old Colony In-
surance Company shall be located in the town of Plymouth.
[March 6, 1835.]

An Act to incorporate the Union Society in Marlborough.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That the First Parish, and the First Evangelical Con-
gregational Society, in the town of Marlborough, are hereby in-
corporated as one religious society, by the name of the " Union
Society in Marlborough," with all the powers and privileges, and
subject to all the duties and liabilities, by law incident to reli-
gious societies in this Commonwealth.

Sect. 2. Be it further enacted, That said Union Society
shall be deemed and taken to be the lawful successor of the said
First Parish and First Evangelical Congregational Society, and
as such shall take and hold all property now belonging to said last
mentioned societies respectively, and may take, hold and manage
any estate, the annual income of which shall not exceed one thou-
sand dollars : provided, the same be appropriated exclusively to
parochial purposes. [March 6, 1835.]

An Act to incorporate the Pierce Academy.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That John Allen, John O. Choules, Hervey Fittz, Peter H.
Pierce, Isaac Stevens, Wilkes Wood, Avery Briggs, Ehsha
Tucker, and James A. Leonard, their associates and successors,
be, and they hereby are incorporated as Trustees of the Pierce
Academy, to be established in the town of Middleborough, in the
county of Plymouth, with the powers and requirements, contained
in the statute of one thousand eight hundred and thirty-three,
chapter eighty-three, with power to hold real and personal estate,
not exceeding twenty thousand dollars, to be devoted exclu-
sively to the purposes of education. [March 7, 1835.]

1835. Chap. 45—46. 507

An Act to incorporate the Lafayette Fire and Marine Insurance Company. Chfin 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 Edmund Bray, Benjamin Porter, Joseph W. Persons incor-
Green, Edmund Kimball, and John Candler, Jr., their associ- P°^^^^ •
ates and successors, are hereby made a body politic, by the name
of the Lafayette Fire and Marine Insurance Company, to be lo-
cated in the town of Marblehead, for the purpose of making loans,
and insurance against fire and maritime losses, in the customary
manner ; with all the privileges, and subject to all the duties and Powers and du-
obligations, contained in the one hundred and twentieth chapter "^^'
of the statutes of eighteen hundred and seventeen, in the one hun- 1817 ch. 120.
dred and forty-first chapter of the statutes of eighteen hundred I819 ch. 141.
and nineteen, and in the ninety -fifth chapter of the statutes of 1832 ch. 95.
eighteen hundred and thirty-two, for and during the term of
twenty years after the passing of this act.

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, and shall be col-
lected and paid in, in such instalments, and under such provisions
and penalties, as the president and directors of said company shall
order and appoint ; and they may purchase, hold and convey any
estate, real or personal, for the use of said company : provided, Real estate,
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. [March 7, 1835.]

An Act for confirming the proceedings and extending the power of the Boston and C/httt) . 46.
Providence Rail-road Corporation. ,„_, f I/.

. 1831 ch. 66.

Sect. 1. BE it enacted by the Senate and House of Rep- 1832 ch. 74.
resentatives, in General Court assembled, and by the authority of [^m ch ni
the same. That the doings of the said corporation, locating the Location of the
route for their branch rail-road to Dedham Village, be confirmed, Dedham^branch
the said route being as follows : commencing at a point eight miles rail-road.
and three thousand four hundred and three feet from the Boston
and Providence rail-road depot in Boston, thence proceeding
south, thirty-one degrees and forty-five minutes west, one hun-
dred feet, thence south, thirty-eight degrees and fifteen minutes
west, one hundred feet, thence south, forty-four deegrees forty-
five minutes west, one hundred feet, thence south, fifty-one de-
grees, fifteen minutes west, one hundred feet, thence south, fifty-
seven degrees forty-five minutes west, one hundred feet, thence
south, sixty-four degrees fifteen minutes west, one hundred feet,
thence south, seventy degrees forty-five minutes west, one hun-
dred feet, thence south, seventy-seven degrees fifteen minutes
west, one hundred feet, thence south, eighty-three degrees forty-
five minutes west, one hundred feet, thence north, eighty -nine de-
grees forty-five minutes west, one hundred feet, thence north,
eighty-three degrees fifteen minutes west, one hundred feet, thence
north, seventy-six degrees forty-five minutes west, one hundred
feet, thence north, seventy degrees fifteen minutes west, one hun-
dred feet, thence north, sixty-three degrees forty-five minutes

508 1835. Chap. 46.

west, one hundred feet, thence north, fifty-nine degrees thirty-
minutes west, one hundred feet, thence north, fifty-eight degrees
west, twenty-nine hundred feet, thence north, fifty-seven degrees
west, one hundred feet, thence norlh, fifty-five degrees west, one
hundred feet, thence north, fifty-three degrees west, one hundred
feet, thence north, fifty-one degrees west, one hundred feet,
thence north, forty-nine degrees west, one hundred feet, thence
north, forty-eight degrees west, twenty-four hundred feet, thence
north, forty-eight degrees thirty minutes vv^est, one hundred feet,
thence north, fifty degrees west, one hundred feet, thence north,
fifty-two degrees west, one hundred feet, thence norlh, fifty-four
degrees west, one hundred feet, thence north, fifty-six degrees
west, one hundred feet, thence north, fifty-eight degrees west,
one hundred feet, thence north, sixty degrees west, one hundred
feet, thence north, sixty-two degrees west, one hundred feet,
thence nonh, sixty-four degrees west, one hundred feet, thence
north, sixty-six degrees west, one hundred feet, thence north,
sixty-eight degrees west, one hundred feet, thence north, seventy
degrees west, one hundred feet, thence north, seventy-two de-
grees west, one hundred feet, thence north, seventy-three de-
grees forty-five minutes west, one hundred feet, thence north,
seventy-four degrees thirty-five minutes west, twenty-six hundred
feet, thence north, seventy-two degrees thirty minutes west, one
hundred feet, thence north, sixty-eight degrees thirty minutes
west, one hundred feet, thence north, sixty-four degrees thirty
minutes west, one hundred feet, thence north, sixty-two degrees
thirty minutes west, one hundred feet, thence north, sixty de-
grees forty-five minutes west, one hundred feet. The above
courses being according to the magnetic meridian, and represent-
ing the centre h'ne of the road, the said centre line conforming to
those courses as near as practicable, consistently with its forming
a regular curve where the direction varies. And the route above
described shall be as valid, as if it had been so described in the
act authorizing the construction of said branch rail-road, passed in
the year eighteen hundred and thirty-four, chapter one hundred
and seventy-one.
Corporation Sect. 2. Be it further enacted, That the said corporation

authorized to be, and they hereby are authorized to contract with the Boston

contrsict lor use j j

of bridge and and Providence rail-road and transportation company, a corpora-
depot, &c. tJQjj established by the state of Rhode Island, for the use of a
bridge across Seekonk river, of a rail-road from thence to a suit-
able landing place in the city of Providence, of a depot for mer-
chandize, cars and engines, and of workshops, and other neces-
sary buildings, for the use of said road, at that place, the con-
struction of all which is contemplated by said last named corpo-
ration ; the said contract to be upon such terms as shall be thought
equitable between the parties. [March 7, 1835.] Add. acts,
1835 ch. 102: 1836 ch. 254.

1835. Chap. 47—52. 509

An Act to incorporate the Falmouth Academy. C^hflll 4<7

BE it enacted by the Senate and House of Representatives^
in General Court assembled, and by the authority of the same,
That John Jenkins, Richard S. Wood, and Knowles Butler, Persons incor-
their associates and successors, be, and they hereby are incor- Pirated.
porated as the Proprietors of the Falmouth Academy, to be es-
tablished in the town of Falmouth, in the county of Barnstable,
with the powers and requirements contained in the statute of the Powers,
year one thousand eight hundred and thirty-three, chapter eighty- 1333 ch. 83.
three, and with power to hold real and personal estate, not ex- Real and per-
ceeding in value the sum of twenty thousand dollars, to be de- ^""^' estate,
voted exclusively to the pin-poses of education. [JMarch 7, 1 835.]

An Act to incorporate the Proprietors of the Union Meeting-house in Worcester. j^i # q

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That .Tohn Coe, Samuel Perry and William T. Merrifield, Persons ine( r-
their associates and successors, are hereby made a corporation po^ated.
by the name of the Proprietors of the Union Meeting-house in
Worcester, with power to hold real and personal estate, to an Real and per-
amount not exceeding in value twenty thousand dollars, to be ^°"^^ estate,
appropriated exclusively to parochial purposes, which said prop-
erty may be holden by said proprietors in shares of one hundred
dollars each. [March 11, 1835.]

An Act to change the name of the town of East Sudbury. y~yj f- /-.

BE it enacted by the Senate and House of Representatives, ^'

in General Court assembled, and by the authority of the same.
That, from and after the passing of this act, the town of East Name changed.
Sudbury, in the county of Middlesex, shall be called and known
by the name of Wayland. [March 11, 1835.]

An Act in addition to the Act incorporating the Newburyport Athenaeum. C^hnn ^ I

BE it enacted by the Senate and House of Representatives, iggg ch. 54..
in General Court assembled, and by the authority of the sayne,
That the number of votes of each stockholder shall be according Right of voting,
to the number of shares he may hold : provided, that no one cor-
porator shall have more than five votes ; and absent stockholders
may vote by proxy, such proxy being authorized in writing.
[March 11, 1835.]

An Act to incorporate the VVinnisimmet Academy. CIlCW' 52.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That Abel Bowen, Henry H. W. Sigourney and Charles H. Persons incor-
Stedman, their associates, successors and assigns, are hereby ''"'^
made a corporation, by the name of Winnisimmet Academy, to
be established at Winnisimmet village, in the town of Chelsea,
county of Suffolk, with all the powers and privileges, and sub- Powers,
ject to all the duties and requirements, contained in the statute
of one thousand eight hundred and thirty-three, chapter eighty- is33ch. 83.
third ; with authority to hold and manage real and personal es- Real and per-

sonal estate.

510 1835. Chap. 52-— 53.

tate, not exceeding forty thousand dollars, to be devoted exclu-
sively to the purposes of education, the arts, and sciences.
[March 12, 1835.]

ChdTf. 53. ^^ ^'^'^ to establish a Fire Department in the town of Plymouth.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority oj
Selectmen to the Same, That the selectmen of the town of Plymouth are au-
appoimengi- thoHzed, and it shall be their duty, in the month of April in

neers annually , ' . r ' r \ • r j 4.

and fill vacan- each year, to appomt as many engineers, tor then- nre depart-
cies. ment, as they may think expedient : provided, such number so

appointed shall not exceed twelve, who shall hold their offices
for one year, from and after the first day of May next succeed-
ing, and until others are appointed in their places. The said
selectmen are authorized and required to fill any vacancies in
the said office of engineer, and the said engineers shall possess
the same authority, and exercise the same powers in relation to
the extinguishment of fires, as firewards do by law possess and
exercise.
Organization Sect. 2. Be it further enacted, That the said selectmen,

immediately after the appointment of said engineers shall have
been made, shall issue a warrant to one of their number, requir-
ing him to notify a meeting of the board of engineers, at such
time and place as shall be designated in such warrant, at which
meeting the said engineers shall elect, from their number, a chief
engineer, a clerk, and such other officers as they may deem ne-
cessary for their more complete organization.
Engineers to Sect. 3. Be it further enacted. That the said engineers

appoint engine [^g^ gj^^j j[-,gy gpg hereby authorized and required, to exercise all
the powers, and perform all the duties, in relation to the nomi-
nation and appointment of engine men, which the selectmen of
said town have been heretofore by law authorized and required
to exercise and perform ; and said engineers, and all persons by
them appointed, pursuant to this act, shall be subjected to the
same duties, and entided to the same privileges and exemptions,
as engine men are by law subjected and entitled to, when ap-
Exeniptionfiom pointcd by the selectmen : provided, hoicever, that they shall
military fluty, pot be exempted from military duty, unless they shall produce
to the commanding officer of the company, within whose bounds
they reside, in the month of May, in each year, certificates of
their appointment, signed by the chief engineer, or by the clerk
of the board of engineers.
Numberofen- Sect. 4. Be it further enacted. That the said engineers
gine men. be, and they are hereby authorized and empowered, to appoint

such number of men to the engines, and hook and ladder carri-
ages, 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 fifty men, to each common en-
gine thirty-five men, and that the number of hook and ladder
men shall not exceed fifty men. And the said engine, and hook
and ladder carriage men, are authorized to organize themselves

1835. Chap. 53. 511

into distinct companies, to elect captains, clerks, and other ne- Companies to
cessaiy officers, to establish such rules and regulations as may filfers,^&c.°'^"
be approved by the board of engineers, to annex penalties to
the breach of the same, which may be sued for and recovered
by the clerk of any company so organized, before any court of
competent jurisdiction, to be appropriated to the use of said
company : provided, that no penalty shall exceed the sum of ten
dollars ; and provided, further, that such rules and regulations
be not repugnant to the constitution and laws of this Common-
wealth.

Sect. 5. Be it further enacted, That the said board of en- Engineers to
gineers shall have the care and superintendence of the public ilfteudJncror
engines, hose, fire hooks and ladder carriages and ladders, to- the public en-
gether with the buildings, fixtures, and appendages thereto be- ^'"®^' '^*''
longing ; and all the pumps, reservoirs for water, and all apparatus
owned by the town of Plymouth, and used for extinguishing fires,
and shall cause the same to be kept in repair, and when worn out,
to be replaced ; and from time to time shall make such alterations
therein, and additions thereto, as they shall deem necessary : pro-
vided, such alterations, additions or repairs, shall not exceed, in
any one year, the sura of one hundred dollars, unless said town
of Plymouth shall have authorized a larger appropriation.

Sect. 6. Be it further enacted, That said board of engineers. Engineers to
at any meeting thereof, may establish such rules and ordinances and ordinances,
as they may judge proper, to prohibit or regulate the carrying of
fire, firebrands, lighted matches, or any other ignited materials,
openly in the streets or dioroughfares of said town, or in such
parts thereof as they may designate, and to prohibit any owners
or occupants of any building within said town, or such parts
thereof as such board may designate, from erecting or maintaining
any defective chimney, hearth, oven, stove or stove i)ipe, fire
frame, or other fixtures, deposit of ashes, or any mixture, or
other material, which may produce spontaneous combustion, or
whatever else may give just cause of alarm, or may be the means
of kindling or spreading fires. And the board of engineers may
also, from time to time, make and ordain rules and regulations,
for their own government, and for the conduct of citizens, present
at any fire, and may annex penalties for the breach of any rule. Penalties,
regulation or ordinance, which they may have deemed expedient
to make, not exceeding twenty dollars for any one breach thereof,
and the same may be prosecuted for, and recovered by the chief
engineer, in his own name, before any court of competent juris-
diction ; and all penalties so recovered shall be appropriated by
said engineers to the improvement of the fire apparatus of said
town : provided, such regulations and ordinances shall not be
repugnant to the constitution and laws of the Commonwealth,
and shall not be binding until the same shall have been approved
by the inhabitants of said town, in legal meeting held for that pur-
pose, and published in some newspaper printed in said town of
Plymouth. And it shall be the duty of said chief engineer, in
the month of March or April, annually, to make report to the

512 1835. Chap. 53—57.

town, of the state of the department, and render an account of
all monies received and expended.
Former laws Sect. 7. Be it further enacted, That all former laws incon-

repealed. sistent with the provisions of this act, be, and the same hereby

are repealed, so far as they are applicable to said town of Ply-
Act, when to mouth : provided, that this act shall not take effect until the same
a e 6 ec . gl^all have been accepted by a majority of the qualified voters of
said town, present and voting thereon, at a meeting legally noti-
fied for that purpose, and that, when so accepted, the same shall
be liable to be inodified or repealed by the Legislature of this
Commonwealth. [Anarch 12, 1835.]

f^hflli ^'^ ■'^" "'^'^^ ''° '"corporate the South Boston India Rubber Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the autho7'ity of
Persons incor- the Same, That Seth J. Thomas, Ebenezer Stevens, and Josiah
poraied. Dunham, Jr., their associates, successors and assigns, be, and

they hereby are made a corporation, by the name of the South
Boston India Rubber Company, for the purpose of manufacturing,
in the city of Boston, articles composed wholly, or in part, of
Powers and India rubber ; and for that purpose shall have all the powers, and
be subject to all the duties and requirements, contained in the
1829 ch. 63. statute of one thousand eight hundred and twenty-nine, chapter
fifty-third, defining the general powers and duties of manufacturing
corporations.
Real and per- Sect. 2. Be it further enacted. That said corporation may
sona estate. \iq\^ s,^]ch real estate in said city of Boston, not exceeding twenty
thousand dollars, and such personal estate, not exceeding in value
thirty thousand dollars, as may be suitable for carrying on the
manufacture aforesaid. \J\larch 19, 1835.]

C^hflTt ^H ■'^" ■^''^ '° authorize the widening of Choate's Bridge over Ipswich River, in the
JT * ' 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
Choate's bridge the Same, That the county commissioners for the county of Es-
to be widened. ^^^^ j-^g^ gj^^j ^j-j^^ hereby are authorized and empowered to widen
and extend Choate's bridge, in Ipswich, in such manner as they
shall judge the public convenience may require, notwithstanding
said bridge extends over navigable tide waters.
Assessment of Sect. 2. Be it further enacted. That the said commission-
expense. g,,g gj.g hereby authorized and required to assess upon the county
of Essex, one half of the expense of widening and extending
said bridge, and such other further sum as they shall judge rea-
sonable, and order the same to be paid from the treasinw thereof.
[March 19, 1835.] Add. act, 1837 ch. 153.

Chcit) 57 ■'^" "^^^ '° extend the time for paying in the Capital Stock of the India Fire and Ma-
J ' rine Insurance Company.

BE it enacted by the Senate and House of Representatives,

in General Court assembled, and by the cmthority of the same,

Time extended That the time wherein the capital stock of the India Fire and

capftaCstock. Marine Insurance Company is by law required to be paid in, be,

1835. Chap. 57—60. 513

and the same hereby is extended unto the twenty-fifth day of
March, in the year of our Lord one thousand eight hundred and
thirty-six. [March 19, 1S35.] Add. act, 1836 ch. 150.

An Act to incorpoiate the Northampton Female Seminary. CflUp. 58.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That Henry G. Bowers, Thomas Najoier, Charles A. Dewey, Persons incor-
their associates and successors, are hereby incorporated by the P^""*'^*^-
name of the Trustees of the Northampton Female Seminary, to
be established in Northampton, in the county of Hampshire,
with the powers contained in "an act concerning corporations," Powers,
passed March eighth, one thousand eight hundred and thirty-three, ^833 ch. 83.
and with power to hold real and personal estate, not exceeding Real and per-
in value the sum of fifty thousand dollars, to be devoted exclu- ^°°^' ^sme.
sively to the purposes of education. [March 19, 1835.]

An Act authorizing John O. Morse to construct a Wharf and Marine Railway in the CfldV, 59.
Harbor of Edgartown. -^

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same.
That John O. Morse be, and he hereby is authorized and ^^""'"^ "p'^fy
allowed to build, erect, continue and maintain a marine rail- harbor of Ed-
way and wharf, in the harbor of Edgartown, in Dukes County, gartown.
below low water mark, adjoining his land, and to extend the
same into the channel of said harbor, to where there may be a
depth of water equal to that at the other wharves erected in said
harbor, and that he be allowed all the privileges heretofore grant-
ed to proprietors of wharves, or that may hereafter be granted to
proprietors of wharves, or marine railways in said harbor, for the
use, occupation, and accommodation of said wharf and railway :
provided, that this grant shall in nowise interfere with the legal Proviso,
rights of any other person or persons whatever. [March 19,
1835.]

An Act to incorporate the Boston Union Manufacturing Company. ChcL'O 60

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 Eveleth and Samuel Wales, their asso- Persons incor-
ciates, successors and assigns, be, and they are hereby made a pofated.
corporation, by the name of the Boston Union Manufacturing
Company, for the purpose of manufacturing, bleaching, coloring
or printing cotton, linen and paper fabrics, and making machinery
and other articles necessary or convenient to be used therefor,
and carrying on the business thereof, in the county of Suffolk,
and for this purpose shall have all the powers and privileges, and powers and
be subject to all the duties and requirements, contained in the duties,
statute of one thousand eight hundred and twenty-nine, chapter 1329 ch. 63.
fifty-third, defining the general powers and duties of manufactur-
ing corporations.

Sect. 2. Be it further enacted, That said corporation Real and per-
may take and hold such real estate, not exceeding in value one ^°"^1 estate,
hundred thousand dollars, and such personal estate, not exceed-

voL. VII. 65

614

1835.-

-Chap. 60—62.

Chap. 61,

Persons incor-
porated.

Real estate de-
scribed.

Number of
trustees.

Burying ground
to be subject
to the by-laws
of the city of
Boston.

Rights of others
preserved.

Ckap, 62.

Persons incor-
porated.

Powers and
duties.

1829 ch. 53.

ing in value a like sum, as may be suitable for carrying on the
manufacture aforesaid. [March 19, 1835.]

An Act to incorporate the Trustees of the Hawes Burying Ground.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Abraham Gould, Adam Bent, Jabez Wilson,
Josiah Dunham and Edmund M. Sn)ith, their associates and suc-
cessors, be, and they are hereby made a corporation, by the
name of the Trustees of the Hawes Burying Ground, and are
hereby empowered to hold, for the purpose of a burying ground,
for the inhabitants of that part of the city of Boston, called
South Boston, and for no other purpose, a certain lot or parcel
of land, situate in said South Boston, bounded and described as
follows, to wit : northerly by the old road leading to the Point,
there measuring one hundred and nine feet, westerly by land be-
longing to the heirs of Ebenezer Clap, there measuring one hun-
dred feet, southerly by Abraham Gould's land, there measuring
one hundred and nine feet, easterly by said Abraham Gould's
land, there measuring one hundred feet, to the first named boun-
dary line, together with all the rights and privileges to the same
belonging ; being the same conveyed by John Hawes to said
Gould, Bent, Wilson, Dunham and Smith, by deed, dated the
twelfth day of October, one thousand eight hundred and sixteen.

Sect. 2. Be it further enacted, That the number of said
trustees shall not be more than seven, nor less than five, and said
corporation shall have power, from time to time, to fill all va-
cancies therein.

Sect. 3. Be it further enacted. That the said burying
ground, and all the doings of said trustees in relation thereto,
shall be at all times subject to the rules and regulations, by-laws
and ordinances, of the city of Boston, in the same manner, with
other places of interment within the city of Boston.

Sect. 4. Be it further enacted, That nothing in this act
contained shall be so construed or operate as to defeat or impair
the rights of any person now having any tomb in the land herein
before described. [March 19, 1835.]

An Act to incorporate the Northampton 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 Lyman, Samuel Hinckley and Theodore
Wright, their associates, successors and assigns, be, and they
are hereby created a corporation, by the name of the North-
ampton Manufacturing Company, for the purpose of manufac-
turing cotton, and woollen goods, at Northampton, in the coun-
ty of Hampshire, and for that purpose, shall have all the powers
and privileges, and be subject to all the duties and requirements,
contained in the statute of one thousand eight hundred and twen-
ty-nine, chapter fifty-three, defining the general powers and du-
ties of manufacturing corporations.

1835. Chap. 62—66. 515

Sect. 2. Be it further enacted, That said corporation Real and per-
niay take and hold such real estate, not exceeding in value sev- ^°"*' estate,
enty-five thousand dollars, and such personal estate, not exceed-
ing in value one hundred thousand dollars, as may be suitable for
carrying on the manufacture aforesaid. [March 20, 1835.]

An Act in addition to " An Act to incorporate the Bowdoin Insurance Company," in (Jfidj) ^3
^^"^"■. , , , c , r, ^ T. . 1834 oh. m. *

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That the time within which the capital stock of the Bowdoin Time extended
Insurance Company is required to be collected and paid in, capUalstfck
agreeably to the requisitions of the statute of one thousand eight
hundred and thirty-two, chapter ninety-five, be, and is hereby
extended one year, from March the twenty-fifth, in the year one
thousand eight hundred and thirty-five. [March 20, 1835.]
Add. act, 1836 ch. 157.

An Act in addition to " An Act transferring to the Selectmen of the town of Nan- f^hffYi fiA
tucket the powers and duties of County Commissioners for the county of Nantuck- ^'*'"//. yj'-b,
et," and for other purposes. 1834 ch. 83.

Sect. 1. BE it enacted by the Senate and House of Representatives, in General
Court assembled, and bij the authority of the same. That the second and third sections Repeal,
of an act passed on the twentj^-sixth day of February, in the year of our Lord one
thousand eight hundred and twenty-eight, entitled " an act to establish county com- 1827 ch. 11.
missioners, and to repeal the several acts establishing the courts of sessions, and in ad-
dition thereto, and the acts establishing commissioners of highways," be, and they
hereby are repealed, so far as they may apply to the county of Nantucket.

Skct. 2. Be it further enacted, That the counties of Nantucket and Dukes Coun- Nantucket and
ty, be, and they hereby are exempted from the obligation of erecting houses of cor- Dukes county
rection in the said counties respectively : provided, that the town of Nantucket shall, exempted from
before the first day June next, authorize the selectmen of said town, to establish the erecting houses
house of industry therein situated, or a suitable portion of the same, as a house of cor- of correction,
rection for the use of said county ; and the said selectmen shall, before the said first
day of June next, establish the same accordingly. [March 20, 1835.] Repealed
1836 ch. 7.

An Act authorizing Ebenezer Francis to extend his Wharf. CflCt'Dt 65.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of (he same,
That Ebenezer Francis, proprietor of a certain wharf in the E. Francis
southerly part of Boston, fronting on Sea street, and adjoining extend whar^
Wales' wharf on the south and Curtis' wharf on the north, is
hereby authorized to extend his wharf into the sea, so far as to
strike a straight line, drawn from the northeasterly corner of
Wales' wharf to the northeasterly corner of Piper's wharf, and
that he shall have and enjoy the right and privilege of using and
occupying the flats adjacent to said wharf, when so extended, at the
end and at the sides thereof, in the same manner in which he has
hitherto occupied and enjoyed the flats adjoining said wharf, as it
now is : provided, that nothing in this act contained shall in any Proviso,
wise impair or interfere with the private rights of any other per-
son or persons whatsoever. [March 23, 1835. J

An Act to establish the Lee Bank. Chctt), (SG,

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 G. Welch, Lemuel Bassett and Walter Persons incor-
Laflin, their associates, successors and assigns, are hereby ere- ^°^^ ^

516

1835.

-Chap. 66 — 68.

Powers and
duties.

1828 ch. 96.
1830 ch. 58.

1833 ch. 83.

Transfer of
stock.

Capital stock.

ated a corporation, by the name of the President, Directors and
Company of the Lee Bank, to be established in Lee, and shall
so continue until the first day of October, in the year one thou-
sand 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 the statutes of one thousand eight
hundred and twenty-eight, chapter ninety-six, of one thousand
eight hundred and thirty, chapter fifty-eight, and in the second
section of the statute of one thousand eight hundred and thirty-
three, chapter eighty-three.

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 instahnent into said bank.

Sect. 3. Be it further enacted, That the capital stock of
said corporation shall consist 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 may
direct : provided^ the whole be paid in, within one year from the
passing of this act. [March 27, 1835.]

/^i r»n An Act to change the name of the First Presbyterian Society in Millbury.

h fi5 * ^^ *^ enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
Name changed. That, from and after the passing of ihis act, the '•' First Presby-
terian Society in Millbury," shall be known and called by the
name of the " Second Congregational Society in Millbury ;" and
as such, shall hold and possess all the property, and be entitled
to all the rights and privileges, and subject to all the liabilities of
said presbyterian society. [March 27, 1835.]

An Act in further addition to " An Act to incorporate certain persons into a company
bv the name of the South Boston Association."

Chap. 68.

1805 ch. 9.
(v. 3. p. 607.)
1814 ch. 103.
1819 ch. 152.
1824 ch. 45.

Previous act
continued in
force.

Sales at auc-
tion.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That an act made and passed on the fourteenth day of
June, in the year of our Lord one thousand eight hundred and
five, entitled "an act to incorporate certain persons into a com-
pany by the name of the South Boston Association," be, and
the same is hereby continued in force, until the fourteenth day of
June, which will be in the year of our Lord one thousand eight
hundred and thirty-eight ; any thing in the act to which this is in
fiirther addition to the contrary notwithstanding.

Sect. 2. Be it further enacted, That the said association
may, at any regular meeting, by a major vote, authorize sales to
be made, at public auction, of the whole or any part of their
property, and pass deeds in conformity to such sales. [March
27, 1835.]

1835. Chap. 69—71. 517

An Act to incorporate the Berkshire Cotton Company. ChciJJ. 69.

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 Wilber Curtis, Edward F. Ensign, John C. Persons incor-
Coffing, their associates, successors and assigns, be, and they pof^'ed.
hereby are made a corporation, by the name of the Berkshire
Cotton Company, for the purpose of manufacturing cotton goods,
and cotton and woollen machinery, in the town of Great Barring-
ton, in the county of Berkshire, and for those purposes shall Powers and du-
have all the powers and privileges, and be subject to all the ^'^*-
duties and requirements, contained in the statute of one thousand 1829 ch. 63.
eight hundred and twenty-nine, chapter fifty-third, defining the
general powers and duties 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 twenty thou- '*°"^' estate,
sand dollars in value, and such personal estate, not exceeding
thirty thousand dollars in value, as may be suitable for the pur-
poses aforesaid. [March 27, 1835.]

An Act to incorporate the Suffolk India Rubber Company. f^hnn 70

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That James W. Paige, James Andrews, E. Hasket persons incor-
Derby and Caleb Pratt, Jr., their associates, successors and as- porated.
signs, be, and they hereby are made a corporation, by the name
of " the Suffolk India Rubber Company," for the manufacture of [Name chang-
India rubber cloth, clothing, leather, and other fabrics and articles ^['' ^^.'i,'J^^°
composed wholly or in part of India rubber, in the county of Suf-
folk ; and for this purpose shall have all the powers and privileges. Powers and du-
and be subject to all the duties and requirements, contained in the ^'®^-
statute of one thousand eight hundred and twenty-nine, chapter i829ch.53.
fifty-third, defining the general powers and duties of manufactur-
ing 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 sonal estate,
fifty thousand dollars, and such personal estate, not exceeding in
value the sum of one hundred thousand dollars, as may be suita-
ble and convenient for the purposes aforesaid. [JMarch 27,
1835.] Add. act, 1836 ch. 217.

An Act to incorporate the Warren Insurance Company. Chntl 71

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

sentatives, in General Court assembled, and by the authority of
the same. That Henry Winsor, John L. Dimmock, and Zacha- Persons incor-
riah Jellison, their associates and successors be, and they plated,
hereby are made a body politic, by the name of the Warren In-
surance Company, to be established in the city of Boston, for
the purpose of making maritime loans, and insurance against mar-
itime losses in the customary manner ; with all the privileges, and powers and
subject to all the duties and obligations, contained in the one hun- duties,
dred and twentieth chapter of the statutes of eighteen hundred 1817 ch. 120.
and seventeen, and also in the ninety-fifth chapter of the statutes i832 ch. 95.

518 1835.- Chap. 71—74.

of eighteen hundred and thirty-two, for and during the term of
twenty years after the passing of this act.

Sect. 2. Be it further enacted, That said corporation may
purchase, hold and convey any estate, real or personal, for the
Real estate. use of said company : provided, that the real estate shall not ex-
ceed the value of twenty-five thousand dollars, excepting such as
may be taken for debt, or held as collateral secm'ity for money
due to said company.
Capital stock. Sect. 3. Be it further enacted, That the capital stock of
[Increased, said company shall be one hundred thousand dollars, and shall be
1836 ch. G.] divided into shares of one hundred dollars each, and shall be col-
lected and paid in, in such instalments, and under such provisions
and penalties, as the president and directors of said company shall
order and appoint.
Limitation of Sect. 4. Be it further enacted, That said company shall

"*''*■ never take, on any one risk, a sum exceeding eight per centum

on their capital stock. [March 27, 1835.] Add. act, 1836
ch. 6.

r^hnn TQ -^'^ ^*^i" *° alter the town lines between the towns of Milford, Hoiliston and Hop-

L'tiap. 1^. ki„to„

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same.
Dividing lines That the dividing lines between the towns of Milford, Hoiliston,
described. ^^^ Hopkinton, shall be altered, and shall hereafter be estab-
lished as follows, to wit : beginning at a heap of stones on the
line between the towns of Milford and Hopkinton, at the foad
near the dwelling-house of Samuel McFarland, thence easterly
about one and three-fourth miles to a stone monument by the side
of Deer Brook, so called, thence north, sixty and a half degrees
east, twenty-five rods on the line between Hopkinton and Hoi-
liston ; thence due south, until it comes to the line between the
towns of Hoiliston and Milford ; and that part of said Milford,
which lies north of the first mentioned line, shall hereafter belong
to Hopkinton, in the county of Middlesex ; and that part of Hop-
kinton which lies south of said first mentioned line, shall hereafter
belong to Milford, in the county of Worcester ; and that part of
said Hoiliston, which lies west of the last mentioned line, shall
hereafter belong to said Milford. [March 27, 1S35.]

f^hnrt 7'^ An Act to repeal "An Act incorporating the Trustees of Mount Carmel Lodge."

1821 ciTcG. * ^^ ^^ enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same.
Former law re- That an act incorporating the Trustees of Mount Carmel Lodge
pealed. j^g^ g^^j {[jg ga^ie is hereby repealed. [March 27, 1835.]

^j « ;. An Act to incorporate the Boott Cotton Mills.

^' ' 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 samc. That Abbott Lawrence, Nathan Appleton, and John
porated. ^ Lowell, their associates, successors and assigns, be, and they

hereby are made a corporation, by the name of the Boott Cotton
Mills, for the purpose of manufacturing cotton and woollen goods

1835. Chap. 74—77. 519

in the town of Lowell, and county of Middlesex, and for this
purpose shall have all the powers and privileges, and be sub- Powers and du-
ject to all the duties and requisitions contained in the statute of ^'®^"
one thousand eight hundred and twenty-nine, chapter fifty-three, 1829 ch. 53.
" defining the general powers and duties of manufacturing corpo-
rations."

Sect. 2. Be it further enacted, That the capital stock of Capital stoclc.
said corporation shall not exceed the sum of one million of dollars, [increased,
and that the said corporation may be lawfully seized and possessed ^ c • i J
of such real estate as may be necessary and convenient for the Real estate,
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. [J\Iarch27,
1835.]"' Add. act, 1837 ch. 11.

An Act authorizing Thomas Records and his associates to erect a Wharf in Acoaxet /^/, ™,, ^C
River, in the town of Westport. i^/lUjJ. ID.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That Thomas Records, and such other persons as now are, or Thomas Rec-
hereafter may be associated with him, be, and they hereby are ords and others
authorized and allowed to erect a wharf on the west side of the erect a wharf,
west branch of Acoaxet river, in said Westport, from the said
Thomas Records' land, easterly to the channel, and that they be
allowed all the privileges heretofore granted, or that may be here-
after granted to proprietors of wharves in said river, for the use,
occupation and accommodation of said wharf : provided, that this Proviso,
grant shall in no wise interfere with the legal rights of any other
person or persons. [March 27, 1835.]

An Act in addition to " An Act to incorporate the Lewis Wharf Company, in the ^j mn

city of Boston." Lyflup. /D.

BE it enacted by the Senate and House of Representatives, 1834 ch. lis.
in General Court assembled, and by the authority of the same,
That the Lewis Wharf Company, and their successors, be, and Authorized to
they are hereby authorized and empowered to purchase and hold j^oid'l^n^i.^"'^
all that tract or parcel of land, whaif and flats, situate in the city of
Boston, including the wharf formerly called Scarlet's or Snow's
wharf, bounded westerly on Commercial street, northeasterly by
land, wharf and flats now or lately of Erasmus Thompson, south-
easterly by the harbor channel, and southwesterly by the land,
wharf and flats of said Lewis Wharf Company. And said com-
pany shall hold the said real estate, when purchased by them,
with all the powers and privileges, and subject to all the duties and
requisitions mentioned in relation to their other property, in the
act to which this is an addition. [March 27, 1835.]

An Act to change the name of the Baptist Society in Salem. y^»/ m^

BE it enacted by the Senate and House of Representatives, jg^^ J^ *g^
in General Court assembled, and by the authority of the same.
That, from and after the passing of this act, the " Baptist Soci- j^gme chang-
ety in Salem," shall be known and called by the name of the pd
" First Baptist Society in Salem ; " and as such, shall hold and

520

1835.-

-Chap. 77—80.

Chap. 78.

1817 ch. 117.

Increase of cap-
ital.

possess all the property, and be entitled to all the rights and priv-
ileges, and be subject to all the duties and liabilities of said Bap-
tist Society. [March 27, 1835.]

An Act in addition to an Act to incorporate tlie New England Glass Company.

BE it enacted by the Senate and House of Representatives^ in
General Court assembled, and by the authority of the same,
That the New England Glass Company may be lawfully pos-
sessed of one hundred thousand dollars in personal estate, in ad-
dition to their present authorized capital. [March 27, 1835.]

Chcit)' 79. -^^ Act to incorporate the Second Congregational Society in Cohasset.

Persons incor-
porated.

Estate.

Assessment
of pews.

1817 cli. 189.
Proviso.

Chap. 80.

Persons incor-
porated.

Real and per-
sonal estate.

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 Nichols Tower, Jairus Pratt and Thaddeus Law-
rence, proprietors of pews in the Second Congregational Meet-
ing-house in Cohasset, their associates and successors, are hereby
incorporated as a religious society, by the naine of the Second
Congregational Society in Cohasset ; with all the powers and
privileges, and subject to all the duties and liabilities by law inci-
dent to religious societies, legally established in this Conmion-
wealth.

Sect. 2. Be it further enacted, That said society shall have
power to take, purchase and hold said meeting-house, and any
other estate, for the use of said society, and the ministry thereof,
and the same to sell, mortgage, or otherwise dispose of : pro-
vided, the annual income thereof, exclusive of their meeting-
house, shall not exceed one thousand dollars.

Sect. 3. Be it further enacted, That said society may as-
sess upon the pews in their meeting-house, according to a valuation
to be agreed on by said corporation, such sums of money as shall
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 collected in the manner provided
by the statute of the year one thousand eight hundred and seven-
teen, chapter one hundred and eighty-nine : provided, that no
pew in said house shall be liable to be assessed, under the pro-
visions of this act, if, before the vote to assess the tax, the owner
of said pew shall file with the clerk of said society, a certificate
signifying his unwillingness to be taxed therefor. \_March 27,
1835.]

An Act to incorporate the Boston Hydraulic Dock 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 Timothy C. Kendall, A. Wallace Thaxter, Jr.,
Isaac Hall, and Lot Wheelwright, their associates, successors
and assigns, be, and they hereby are made a corporation, by the
name of the Boston Hydraulic Dock Company, for the purpose
of erecting hydraulic docks in the city of Boston, and of using
the same for repairing vessels, with the right to apply steam
power and other machinery for preparing materials therefor.

Sect. 2. Be it further enacted, That said corporation may

1835. Chap. 80—81. 521

take and hold such real estate, not exceeding in value thirty thou-
sand dollars, and personal estate not exceeding one hundred
and twenty thousand dollars, as may be necessary and convenient
for the purposes aforesaid.

Sect. 3. Be it further enacted^ That the property of said Shares, and the
corporation shall be divided into shares of one hundred dollars fansfer thereof,
each, and numbered in progressive order, beginning at number
one, and certificates thereof, signed by the treasurer, shall be
issued to the proprietors accordingly ; and the shares aforesaid
shall be transferable by endorsement on the back of the said
certificates, and the property in said shares shall be vested in the
assignee thereof, upon such transfer and delivery, if seasonably
recorded by the clerk or treasurer of the corporation, and whose
duty it shall be to issue new certificates accordingly, and in all
meetings of the members of the said corporation for the trans-
action of business, each proprietor shall be entitled to one vote Right of voting,
for every share held by him : provided, that no one member shall
be entitled to more votes than shall be equal to one fifth part in
value of the corporate property, and members shall have the
right to appear and act at any meeting by proxy, in writing.

Sect. 4. Be it further enacted, That the said corporation Assessment of
may, from time to time, at any legal meeting called for that pur- ^^^^^^' ^'^■
pose, assess upon each share such sum or sums of money, not
exceeding one hundred dollars, as shall be judged necessary for
effecting the objects of their incorporation, to be paid to the
treasurer at such time or times, and by such instalments, as shall
be decided by said corporation ; and if the proprietor of any
share shall refuse or neglect to pay any tax or assessment, duly
voted by the said corporation, for the term of thirty days after
the time set for the paytnent of the same, the treasurer is hereby
authorized to sell at public vendue, the share or shares of such
delinquent proprietor, sufficient to pay all taxes and assessments
which may be then due from such proprietor, with all necessary
and incidental charges, after having given notice in some public
newspaper in the city of Boston, of the time and place of sale,
at least seven days before the same, and such sale shall be a legal
transfer of the share or shares so sold to the purchaser, who shall
be entitled to receive a certificate, or certificates, of the share or
shares by him so purchased. \J\Iarch 27, 1835.]

An Act to incorporate the Park Street Congregational Society. ChcLI), 81.

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 pews in Park Street Meeting- Persons incor-
house, in the city of Boston, and their successors, are hereby po'^ted.
made a corporation, by the name of the Park Street Congrega-
tional Society, with all the powers and privileges, and subject to
all the duties and liabilities by law incident to religious societies
legally established in this Commonwealth.

Sect. 2. Be it further enacted, That said society shall have Real andper-
power to take, purchase and hold the said meeting-house, and ^°"*' ®*'**®-

VOL. VII. 66

322 1835.-^-Chap. 81—82.

other estate, real or personal, for the use of said society, and the
ministry thereof, and the same to sell, mortgage, or otherwise
dispose of, as they may see fit : provided, the income thereof,
exclusive of their meeting-house, and land under and adjoining
the same, shall not at any time exceed the sum of three thousand
dollars annually.
Assessments on Sect. 3. Be it further enacted, That said society shall
supponVf^pub- ^^^^^ power to assess upon the pews in said house, (which now
lie worship. are or hereafter may be held on a condition, or subject to a lia-
bility, to pay assessments thereon, for the support of public wor-
ship in said house,) according to the valuation thereof heretofore
made, or which may be hereafter agreed upon by said society,
such sums as shall be by them voted to be raised for the support
of public worship in said house, and for other parochial charges
of said society ; and all such assessments may be collected in the
1817 ch. 189. manner provided by the statute of one thousand eight hundred
and seventeen, chapter one hundred and eighty-nine. [JWarch
27, 1835.]

C^hflTI R'2 ^^ ^^^ '° incorporate the Fuller Ministerial Fund in the First Parish in Plymouth.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Trustees to be the same. That the First Parish in the town of Plymouth, may,
elected. within six months from the passage of this act, elect not less

than three, nor more than seven persons, members of said parish,
to be trustees of the Fuller Ministerial Fund, who, with their
successors, shall thereafter be constituted a body corporate, by
the name of the Trustees of the Fuller Ministerial Fund of the
First Parish in Plymouth.
When trustees Sect. 2. Be it further enacted, That said parish shall
shall be elected, choose, once in three years, in the months of March or April,
beginning in the year eighteen hundred and thirty-six, said board
of trustees, who shall hold their offices during said term of three
years, and until others are chosen in their stead, and all vacancies
happening during said term, by death, resignation, ceasing to be
members of said parish, or otherwise, shall be supplied by said
parish, at a legal meeting called for that purpose, and a majority
of said trustees shall constitute a quorum for doing business.
Income of funds Sect. 3. Be it further enacted, That said trustees shall
ated^oTh'eXp- ^""^^^ power to take, hold, and possess, and the deacons of the
port of the min- church of said parish are hereby authorized to convey to them all
'^^"y- the property now belonging to said parish, or the church thereof,

except their house of worship, and all property which may here-
after accrue to the same by gift, grant, devise, or otherwise, both
real and personal, in trust for the use of said parish as a fund, the
net income of which shall be appropriated exclusively, under the
direction of said parish, towards the support of the gospel minis-
try in said parish, and no part of the principal shall be expended
for that or any other purpose ; and should the income, or any
part thereof, be added to the principal, 'then only the proceeds
of the accumulated fund shall thereafter be expended, and only
for the support of the gospel ministry as aforesaid, and said trus-

1835. Chap. 82—83. 623

tees shall render to said parish annually an account of the state
of said fund.

Sect. 4. Be it further enacted, That said trustees are Trustees may
hereby empowered to sell all the real estate now belonging to ^^
said parish, or the church thereof, except as aforesaid, and convey
the same by deed or deeds, and such conveyance shall be effectual
to pass the title to the purchaser or purchasers : provided how- Proviso.
ever, that said parish, or the church thereof, authorize such sale
or sales, by a vote to that effect, within a year preceding such-
sale or sales.

Sect. 5. Be it further enacted, That all grants, devises Validity of
or donations made, or which may hereafter be made to said trus- fj^ount o°
tees, in their said capacity, for the use and benefit of said parish, funds,
shall be valid to every intent and purpose, and said trustees may
hold and possess funds, consisting of real and personal estate, or
either, for the object before specified, the annual income of
which shall not exceed the sum of fifteen hundred dollars.
[March 27, 1835.]

An Act to establish a Fire Department in the town of Duxbury. (^hflTI 8S

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 town of Duxbury shall Engineers to be
hereafter consist of a chief engineer, and as many assistant engi- *^ °^®" ^^°"'"'
neers, not exceeding ten in number, as the inhabitants of the town
of Duxbury, qualified to vote in town affairs, at their annual
meeting for choice of town officers, shall choose by ballot, who
shall hold their offices until others are chosen and organized in
their stead, and shall have all the powers, perform all the duties,
and be liable to all the penalties, which are given to and required
of firewards generally, by the laws of this Commonwealth.

Sect. 2. Be it further enacted. That the said chief engi- Organization of
neer, and assistant engineers, so chosen, shall, within ten days ^"^'"^^ ^'
after their acceptance of the trust, meet at some convenient place
in said town, and organize themselves into a board, by electing
from their number, a clerk, treasurer, and such other officers as
they may deem necessary for their complete organization, and
the chief engineer shall be chairman of the board, whose duty it
shall be to notify the first meeting of the board of engineers.

Sect. 3. Be it further enacted, That the said board of Engineers to
engineers be, and they are hereby authorized and required to ^PP^o'"^ engine
exercise all the powers, and perform all the duties, in relation to
the nomination and appointment of engine men, which the select-
men of the said town have been heretofore by law authorized and
required to exercise and perform, and all appointments made by
said engineers, pursuant to this act, shall subject the persons thus
appointed to the same duties, and entitle them to the same privi-
leges and exemptions, as engine men are by law entitled to, when
appointed by the selectmen : provided, however, that they shall Exemption from
not be exempted from military duty, unless they shall produce to "" ''^fy duty,
the oomnwnding officer of the company, within whose bounds

524

1835..

■Chap. 83.

Number of en-
gine men, &c.

Rules and regu-
lations.

Proviso.

Engineers to
have the care of
the engines, &c.

Engineers to es-
tablish rules and
ordinances in
relation to fire,
&c.

Proviso.

P^^ialti^s.

they reside, in the month of May, in each year, certificates of
their appointment, signed by the chief engineer, or clerk of the
board of engineers.

Sect. 4. Be it further enacted, That the said board of
engineers be, and they hereby are authorized and empowered to
appoint such number of men to the engines, hose, hook and lad-
der carriages, as they shall think expedient : provided, that the
number of men appointed to each hydraulion, or suction hose
engine, shall not exceed forty, and to each common engine thirty,
to each hose carriage five, and to hooks and ladders twenty, and
the said engine, hose, hook and ladder carriage men, are author-
ized to organize themselves into distinct companies, under the
directions of the board of engineers, to elect directors or captains,
clerks, and other necessary officers, to establish such rules and
regulations as may be a])proved by the board of engineers, 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 Plymouth : provided, that no penalty shall
exceed the sum of five dollars ; and that such rules and regula-
tions shall not be repugnant to the constitution and laws of the
Commonwealth, and 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 board of
engineers shall have the care and superintendence of the public
engines, hose, fire-hooks and ladder carriages and ladders, to-
gether with the buildings, fixtures and appendages thereto be-
longing ; and shall cause the same to be kept in repair, and may
from time to time make such alterations and improvements there-
in, as they shall deem expedient : provided, the simi expended
shall not exceed, in any one year, the sum of fifty dollars, unless
the said town of Duxbury shall have authorized a larger appro-
priation.

Sect. 6. Be it further enacted. That the said board of
engineers, at any meeting thereof, may establish such rules and
ordinances as they may judge proper, to prohibit or regulate the
carrying of fire, fire-brands, lighted matches, or other ignited
matter, openly in the streets or thoroughfares of said town, or in
such parts thereof as they may designate, and to prohibit any
owners or occupants of any buildings within said town, or such
parts thereof as such board may designate, from erecting or main-
taining any defective chimney, hearth, oven, stove or stove-pipe,
fire-frame, or other fixtures, deposit of ashes, or any mixture, or
other material, which may produce spontaneous combustion, or
whatever else may give just cause of alarm, or may be the means
of kindling or spreading fires : provided, such rules and ordinances
shall not be repugnant to the constitution and laws of this Com-
monwealth, and shall not be binding until the same shall have
been approved by the inhabitants of said town, in legal meeting
held for that purpose ; and the said board of engineers may annex
suitable penalties for the breach of any of said rules and ordi-
nances, not exceeding the sum of fifteen dollars for any one

1 835 Chap. 83—86. 525

breach thereof, and the same may be prosecuted for, and collect-
ed before any justice of the peace for the county of Plymouth,
not being an inhabitant of the said town of Duxbury, in the name
of the chief engineer, and all penalties so recovei'ed shall be ap-
propriated by the said board of engineers for the improvement of
the fire apparatus of said town.

Sect. 7. Be it further enacted, That the said board of Engineers to
engineers shall report to the said town, at their annual meeting for "'^ e report.
the choice of town officers, a full and detailed report of all their
doings the past year.

Sect. 8. Be it further enacted, That this act shall take Act, when to
effect when the same shall be accepted by the said town of Dux- ^^^^ ^^^'^*^> *•*'*
bury, at any legal meeting called for that purpose, at which meet-
ing the engineers provided for in this act sh^l be elected as herein
prescribed, and any vacancies that shall at any time occur in said
board of engineers may be filled at any town meeting legally no-
tified, and all persons elected as engineers shall be notified of their
election, and make known their acceptance or refusal in the same
manner, and be subject to the same penalties for neglecting so to
do, as are established by law. [March 27, 1835.]

An Act to incorporate the Samaritan Asylum for Indigent Children. Chfl7) 84-

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Mary S. Parker, Abigail Pico, Hepzibah Sulli- Persons incor-
van, Susan Paul, with their associates and successors, are hereby po^^ted.
incorporated, by the name of the Samaritan Asylum for Indigent
Children, for the purpose of providing for the support and edu-
cation of indigent children, especially among the colored popula-
tion.

Sect. 2. Be it further enacted. That said corporation may Real and per-
hold and manage such real and personal estate, not exceeding in son^' estate.
value twenty-five thousand dollars at any one time, as may be
necessary or convenient for the purposes of this act. [March
27, 1835.]

An Act to incorporate the Warren Iron and Steel Company. Ohdll 86

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 Heman Holmes, John French, John H. Bird, persons incor-
and Josiah Dunham, their associates, successors and assigns, be, poraied.
and they hereby are made a corporation, by the name of the
Warren Iron and Steel Company, for the purpose of manufac-
turing, in the city of Boston, in the county of Suffolk, all kinds [And Norfolk,
of iron and steel ware, and articles for plating, painting and enam- ^^^^ '^^- ^^1
elling the same, and for this purpose shall have all the powers Powers and
and privileges, and be subject to all the duties and requirements
contained in the statute of one thousand eight hundred and 1829 ch. 53.
twenty-nine, chapter fifty-three, defining the 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 in said Boston, not exceeding in '*"'^' •^="*^<^-

526 1835. Chap. 86—89.

value the sum of one hundred thousand dollars, and such per-
sonal estate, not exceeding in value the sum of one hundred thou-
sand dollars, as may be suitable for carrying on the manufacture
aforesaid. [March 30, 1835.] Add. act, 1836 ch. 66.

Chttl). 87t •'^" -fcT in addition to " An Act establishing a Fire Department in the town of Cam-

-» brido^e."

1832 ch. 139. °

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled^ and by the authority of
Appointment of ^/^g same, That the engineers, engine men, hose men and hook and
^"^ ■ ladder men, whom the selectmen of the town of Cambridge are,

by the act to which this is an addition, authorized to apjDoint,
shall hereafter be appointed annually, on the first Wednesday in
April, or as soon thereafter as may be ; any thing in the act^to
which this is in addition to the contrary notwithstanding.
Exemption from Sect. 2. Be it further enacted, That no member of said
mi 1 ary u y. ^^^ department who shall be appointed a member thereof in the
month of April, and who shall have produced within thirty days
after he shall have become a member thereof, to the commanding
officer of the military company within whose bounds he may re-
side, a certificate from the selectmen of Cambridge, stating that
he is a member of said department, shall be held to produce such
certificate in the month of May, next following the time of his
appointment ; and the production of such certificate to such com-
manding officer, by any member of said department, appointed
in the month of April, within thirty days after such appointment,
shall exempt such member from military duty so long as he shall
remain a member of said fire department ; any thing in the act to
which this is in addition, to the contrary notwithstanding. [March
30, 1835.]

CllCLl). 88. ^" ^*^'^' "' addition to an Act to incorporate the Merchants Marine Railway Company.

1834 ch 128. BE it enacted by the Senate and House of Representatives,

in General Court assembled, and by the authority of the same,
fo"d'hydrauiil° That the Merchants Marine Railway Company, be, and they are
docks, &c. hereby authorized and empowered lo purchase, construct, hold and
use one or more hydraulic docks, and all other machinery and im-
provements necessary or useful in the building and repairing of
vessels. [March 30, 1835.]

Cfl(ip. OUt An Act concerning the Proprietors of Mills on Concord River.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
pealed'^'''"*'^^ That all laws heretofore passed to prevent obstructions to the
1789 ch. 51. passage of fish, and all laws obliging the proprietors of mills to
(v. 1 p. 276.) leave a passage in their dams for said fish, be, and they are here-
(v 2 V213) '^y repealed, so far as they relate to or affect the proprietors of
isbs'ch.g*.' mills on the Concord River. [March 30, 1835.] •

1835. Chap. 91—94. 527

An Act to incorporate the American Copper Company. C^hfl'n Ql

8ect. 1. BE it enacted hy the Senate and House of Rep-
resentatives, in General Court assembled^ and by the authority of
the same, That Thomas N. French, Thomas Richardson, and Persons incor-
John French, their associates, successojs and assigns, be, and pof^ted.
tliey hereby are made a corporation by the name of the American
Copper Company, for the purpose of procuring and manufactur-
ing copper, (said manufacture to be carried on in the county of
Suffolk,) wiih all the powers and privileges, and subject to all the Powers and du-
duties and requisitions contained in the statute of one thousand "^^"
eight hundred and twenty-nine, chapter fifty-third, defining the 1829 ch. 53.
general powers and duties of manufacturing corporations.

Sect. 2. Be it further enacted, That the said corporation Real and per-
may lawfully hold and manage such real estate, not e.xceeding in ^onal estate,
value two hundred tliousand dollars, and such personal estate not
exceeding two hundred thousand dollars, as may be necessary for
carrying into effect the purposes of this act. [March 30, 1835.]

An Act in addition to "An Act establishing a Fire Department in the town of Hing- C'hfif^ Q^)

BE it enacted by the Senate and House of Representatives, '834ch. go.
in General Court assembled, and by the authority of the same.
That the provisions of " an act establishing a fire department in orio-inaiact.
the town of Hiiigham," shall take effect, as soon as the same when to take
shall have been accepted by a majority of the citizens of Hing-
ham, present at a meeting legally notified for that purpose, and
qualified to vote in town afiairs, any thing in the seventh section
of said act notwithstanding. [jMarch 30, 1S35.]

An Act authorizing Nehemiah Baker and others to build a bridge in Dennis. dufi), 94-

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 Nehemiah Baker, Eleazar Nickerson and Samu- Persons author-
el Rogers, together with their associates, successors and assigns, brldo^'e. "" "
are hereby authorized to build a free bridge over Swan Pond
river, in the town of Dennis, from the land and meadow of the
heirs of Joseph Killey on the east of said river, to the land
and meadow of the heirs of Reuben Baker, on the west of said
river : provided, said bridge be built within three years from the Proviso,
passage of this act.

Sect. 2. Be it further enacted. That the said bridge shall Manner in
be built on piles of good materials, and in a workmanlike manner, rhail be'bufk.
with suitable abutments thereto, and not less than fourteen feet
wide, the under part thereof not less than four feet above high
water mark nt common tides, and shall have sufficient rails on
each side for the protection of travellers, together with a good
and sufficient causeway, from the abutments over the meadow, to
the upland on each side, on the line of the road, as the same may
be located by the county commissioners ; and the town of Den- Town to keep
nis shall forever maintain and keep in repair said bridge and cause- paj/*^ '" '^*^"
way after the same shall have been built, unless the county com-
missioners shall otherwise determine and decide, and no toll

528

1836.-

■Chap. 94—95.

Chap. 95.

Persons incor-
porated.

Powers and
duties.
1833 ch. 83.

18.33 cli. 187.

ISS-l ch. 173.

Capital slock.

Government
vested in di-
rectors.

Auliiorized to
establish a fer-

Laiiding places,

shall ever be demanded of any person or persons, who shall pass
over said bridge. [March 30, 1835.]

An Act to incorporate the Fall River Mill Road, Rail-road, and Ferry 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 Henry Gardner, Andrew Robeson, Harvey
Chase, Samuel Rodman, Jr., Charles W. Morgan, Leander P.
Lovell, and William Wilbour, their associates, successors and
assigns, be, and they hereby are made a body politic and corporate,
under the name of the "Fall River Mill Road, Rail-road and
Ferry Company," with the powers and requirements, and subject
to the provisions contained in an "act concerning corporations,"
passed the eighth day of March, in the year of our Lord eighteen
iuindred and thirty-three, and an " act for defining the rights and
duties of rail-road corporations, in certain cases," passed March
the twenty-sixth, in the year of our Lord eighteen hundred and
thirty-three, and an " act for the more speedy recovery of dam-
ages caused by the laying out of iiighwaysand rail-roads," passed
March thirty-first, in the year of our Lord eighteen hundred and
thirty-four. And said corporation shall be, and hereby is vested
with 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.

Sect. 2. Be it further enacted, That the capital stock of
said corporation shall consist of not less than two thousand, nor
more than three thousand shares, of one hundred dollars each ;
and 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 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 said directors shall 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, for the faithful discharge of his trust.

Sect. 3. Be it further enacted, That said corporation be,
and they hereby are authorized to establish and support a ferry
across Taunton Great River, in the county of Bristol, from the
easterly shore of said river, between the line of the northerly
side of the land, and the southerly side of the wharf of Andrew
Robeson, to the western shore of said river, opposite the village
of Fall River, in the town of Somerset ; and to extend into said
river there, and maintain on each side of the ship channel there-
of, suitable and sufficient ferry wharves.

Sect. 4. Be it further enacted, That said corporation be,
and they hereby are authorized to lay out suf^cient landing places
on each side of said river, suitable for the accommodation of said

1833. Chap. 95. 529

ferry ; and to lay out, make and maintain a ^ood and sufficient Location of
road, to extend from the landing place located at the termination '■°^*^-
of said ferry, on the easterly side of said river, to South Main
street, in said village of Fall River, or to some one of the public
streets leading into said South Main street, and to extend from
the landing place, located at the termination of said ferry on the
westerly side of said river, over the Narrows on Lee's river, and
over Cole's river at the town landing, in the town of Swansey,
to the line of the state of Rhode Island, near Barnaby's corner.
And the said corporation are authorized to lay out said road, not
exceeding four rods in width, and shall keep the same in good
repair.

Sect. 5. Be it further enacted, That said corporation be. Authorized to
and they hereby are authorized and required to erect and keep in ^^*^^ bridges,
good repair a bridge over the Narrows, on Lee's river, and a
bridge over Cole's river, at the town landing in Swansey, with
a draw in said bridge over the Narrows, of sufficient width and
suitable construction for the convenient passing of such vessels
up and down said Lee's river, as cannot conveniently pass under
said draw. And the said corporation shall also construct such
convenient draw in the said bridge over Cole's river : provided,
the public wants shall at any time require, and the Legislature
shall order it.

Sect. 6. Be it further enacted, That the said corporation Authorized to
shall have power, and they hereby are authorized to build and ^uiid dams,&c.
maintain such abutments, piers and dams contiguous to said
bridges, on either side thereof, and to excavate and keep open,
or close such passage ways for the tide waters there, as may be
necessary for the purposes of erecting and propelling tide-mills,
for the grinding of grain : provided, nevertheless, that said cor- To construct
poration shall construct and keep constantly in good repair suf- Sfteways for

£ • -I 1 1 <i • 1 /-t 1 , 1 T , • ^"^ passage of

ticient gateways in the channels ot said Cole s and Lee s rivers, vessels.

for the safe and convenient passing and repassing of vessels, at

all suitable times, free of toll. And said corporation shall be

held liable to raise the draws and open such passage ways, and to

afford all reasonable accommodation to vessels having occasion to

pass at all seasonable times. And if any vessel shall be unrea- Damages for

sonably detained in passing said bridges, or either of them, by vessels being

, • , . - .' , o . 1 1 /. unreasonably

the negligence of said corporation, the owner or commander oi detained,
said vessel may recover reasonable damages therefor of the said
corporation, in an action of the case, before any court proper to
try the same : and provided, further, that the passage ways for
the passage of fish shall at all times be kept open in said bridges.

Sect. 7. Be it further enacted. That the said corporation steam ferry
shall provide, and at all times keep a good steam ferry boat, or ^°^^' ^''•
other boat of sufficient power to cross at said ferry ; and shall
afford necessary and proper accommodations, and give due at-
tendance to all persons having occasion to pass over said ferry ;
and, in case of any neglect, the said corporation shall forfeit and
pay the same sum which is forfeited by the like neglect, by vir-
tue of the provisions of an act entitled "an act for regulating 1796 ch. 42.

VOL. vii. 67

630

1835.-

-Chap. 95.

When corpora'
tion may re-
ceive tolls.

Rates of tolls.

ferries," passed the fourteenth day of February, in the year of
our Lord seventeen hundred and ninety-seven, to be recovered
and appropriated in the same way provided for in the act last
named.

Sect. 8. Be it further enacted, That it shall be lawful, and
when said ferry wharves and bridges shall be built, and said road
extended from said ferry to the said town landing in Swansey,
the said corporation shall have power to demand, recover and
receive, to the use of said corporation, ferriage, from the time of
one hour before sunrise in the morning, to the hour of nine of
the clock in the evening, not exceeding the following rates, viz :
for each coach, chariot, phaeton, curricle, carryall, or other four
wheel spring carriage, and for sleighs, used for pleasure, or for
the carriage of passengers, and drawn by four horses, fifty cents ;
for the like, drawn by two horses, thirty-eight cents ; for the
like, drawn by one horse, twenty-five cents ; for a chaise, sulkey,
or other two wheel spring carriage, for pleasure or passengers,
drawn by one horse, twenty-five cents ; for sleds, wagons, carts,
and other vehicles, not for pleasure, or the carriage of passen-
gers, but for other burdens, and drawn by one horse or other
beast, fifteen cents ; for each additional beast, in all cases not
herein otherwise provided for, ten cents ; for one person and
horse, ten cents ; for each foot passenger, six cents ; for each
wheel-barrow, hand cart, or the like, eight cents ; for drift calves
and colts, under one year old, each, two cents ; for one neat
creature, ten cents ; and for each additional neat creature, five
cents ; for sheep, lambs and swine, each, one cent ; allowing
with each carriage not used for the carriage of passengers, or for
pleasure mainly, but for the carrying of burdens, and drawn by
one horse, one person, and with such carriages drawn by more
than one horse or other beast, two persons only to pass free of
ferriage. And from the hour of nine of the clock in the evening,
to the time of one hour before sunrise in the morning, said cor-
poration shall have power to demand, recover and receive, to the
use of said corporation, such other reasonable rates of ferriage,
as the directors of said corporation shall from time to time agree
Restrictions, as upon and establish. And the load for a carriage drawn by two
loads &c° beasts, shall not, including .the carriage, exceed five thousand
pounds, and not more than one thousand five hundred pounds
shall be allowed for each additional beast ; and no carriage shall
be allowed to carry over said ferry a load, which, with the car-
riage, shall exceed eight thousand pounds. And for the ferriage
of such beasts, vehicles, or other things, as are not herein pro-
vided for, the said corporation shall have power to demand,
recover and receive, to the use of said corporation, such other
reasonable rates as the said directors shall from time to time es-
tablish : provided, nevertheless, that the said corporation shall not,
at any time, demand or receive, of any person or persons, for
passing over or upon the ferry road and 'bridges, herein before
described, or either of them, or any portion thereof, any other
tolls than the ferriage as provided for in this act. And the Le-

Proviso.

1835. Chap. 95. . 531

gislature shall have the right, at any time after the expiration of Legislature
ten years from the passage of this act, to alter and regulate the "ny'after^e^a
rates of ferriage to be received by said corporation. And upon years.
the ferry boats there shall be kept, and constantly exposed to
view, a sign-board, with the rates of ferriage fairly and legibly
written thereon.

Sect. 9. Be, it further enacted, That the said corpora- privileges and
tion shall be entitled to the privileges and immunities, and be duties,
subject to the duties and bound by the pi-ovisions, granted, im-
posed and contained in the act entitled "an act for the support 1793 ch. 74.
and regulation of mills," passed the twenty-seventh day of Feb-
ruary, in the year of our Lord seventeen hundred and ninety-six,
and the several acts in addition thereto, which are now in force.

Sect. 10. Be it further enacted. That the said corpora- Corporation
tion shall be holden to pay all damages that may arise to any per- ''^^'e for dam-
sons or corporations, by taking their lands for any of the pur- ^^^^"
poses aforesaid, when the same cannot be obtained by voluntary
agreement, to be estimated and recovered in manner provided by
law.

Sect. 11. Be it further enacted. That the annual meeting Annual meet-
of the members of said corporation shall be holden on the first *"?. choice of
Monday of May, at such hour and place as the directors for the "^ °^ '
the time being shall appoint, at which meeting, or at an adjourn-
ment thereof, the directors shall be chosen by ballot, each pro-
prietor being entitled to as many votes as he holds shares : 'pro- Right of voting.
vided, that no proprietor shall be entitled to more votes than one
tenth the number of the shares of the stock of said corporation.

Sect. 12. Be it further enacted. That the said corpora- Management of
tion are hereby authorized and empowered by themselves, the affairs,
president and directors thereof, for the time being, or their agents,
to exercise all the powers herein granted, and all such power and
authority for the management of the affairs of the corporation,
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 for the use of the roads, mills and
ferry named in this act, and for the transportation of persons,
goods and merchandize ; and to make such equal assessments Assessments
from time to time, on all the shares in said corporation, as they and sale of
shall deem expedient and necessary. And in case any subscrib- paymenrof^he
er or stockholder shall neglect to pay any assessment on his same.
share or shares for the space of thirty days after due notice from
the treasurer of said corporation, the directors may order the
treasurer to sell such share or shares at public auction, after giv-
ing thirty days notice thereof, to the highest bidder, and the
same shall be transferred to the purchaser ; and such delinquent
subscriber or stockholder shall be held accountable to the cor-
poration for the balance, if his share or shares 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 the interest and costs
of sale : provided, however, that no assessments shall be laid Proviso.

532 1835. Chap. 95.

upon any share in said corporation of a greater amount, in the
whole, than one hundred dollars on a share.
Release of Sect. 13. Be it further enacted, That when the lands or

lands, &c. of other property of any married woman, infant, or other person
guardknship,'^ who is under guardianship, shall be necessary for the purposes
&c. of the several grants in this act contained, the husband of such

married woman, and the guardian of such infant, or other person,
may release all damages for any lands, or estates, taken and ap-
propriated for the purposes aforesaid, as they might do if the
same were holden by them in their own right respectively.
Branch raiu Sect. 14. Be it further enacted, That the said corporation

zed. *" °"" ^36, and they hereby are authorized and empowered to construct
and complete a rail-road from the western shore of Taunton
Great river, opposite the village of Fall river, to meet the Bos-
ton and Providence rail-road at or near India Point bridge, in
the town of Seekonk, through all that portion of the course of said
rail-road that is included within the bounds and jurisdiction of
this Commonwealth. And for this purpose the said corporation
are authorized to lay out their road, not exceeding five rods
wide ; and for the purpose of cuttings, embankments, and for
procuring stone and gravel, may take so much more land as may
be necessary for the proper construction and security of said
rail-road ; and the course and direction of said rail-road shall be
Location of the as foUows : — beginning at station number one, on the western
route, &c. shore of Taunton Great river, on land of William Slade, in the
town of Somerset, and thence proceeding north, thirty-eight de-
grees west, forty-six hundred and twenty feet, to station num-
ber two ; thence proceeding in a curve with a radius of one
mile to and over the Narrows, on Lee's river, to station number
three, which is north fifty-one degrees west, from station number
two ; thence proceeding north, sixty-six degrees and thirty min-
utes west, sixty-two hundred and seventy feet, to station number
four, on the north-westerly end of Long Point, in the town of
Swansey, and proceeding thence in a curve with its centre to
the south, and with a radius of ten miles across Cole's river to
station number five, which is north sixty-eight degrees and thir-
ty minutes west, from station number four ; thence proceeding
north, seventy-one degrees and thirty minutes west, nineteen
hundred and eighty feet, to station number six ; thence proceed-
ing in a curve having its centre to the south, with a radius of
one mile, to station number seven, which is north, seventy-five
degrees west, from station number six ; thence proceeding north,
seventy-seven degrees west, five hundred and twenty-eight feet,
to station number eight, which is in the boundary line between
this Commonwealth and the state of Rhode Island and Provi-
dence Plantations, and in the line between the towns of Swan-
sey and Warren ; then commencing at station number ten, in the
line between this Commonwealth and said state of Rhode Island,
and in the line between the towns of Bar'rington and Seekonk,
and proceeding thence north, fifty degrees and thirty minutes
west, eighty hundred and fifty-two feet to station number eleven ;

1835. Chap. 95. 533

thence proceeding in a curve with its centre to the north, and
with a radius of one mile, to station number twelve, which is
north, thirty-four degrees west, from station number eleven ;
thence proceeding north, thirteen degrees west, thirty-eight hun-
dred and twenty-eight feet, to station number thirteen ; thence
proceeding in a curve, with a radius of ten miles, and having its
centre to the north, to station number fourteen, which is north,
eleven degrees west, from station number thirteen ; thence pro-
ceeding north, ten degrees west, twenty-three hundred and ten
feet to station number fifteen ; thence proceeding in a curve,
with its centre to the west, and with a radius of twenty hundred
and forty-six feet, to station number sixteen, which is north, for-
ty degrees west, from station number fifteen ; thence proceed-
ing in a curve, with its centre to the east, and with a radius of
twenty-six hundred and forty feet, to station number seventeen,
which is norti), fifty -five degrees west, from station number six-
teen ; thence proceeding north, fifteen degrees west, twenty-five
hundred and seventy-four feet, to station number eighteen ;
thence proceeding in a curve, with its centre to the east, and
with a radius of nine hundred and ninety-feet, to station number
nineteen ; which is north, sixteen degrees east, from station num-
ber eighteen ; thence proceeding north, fifty-five degrees east,
thirteen hundred and twenty feet, to the Boston and Providence
rail-road, near India Point bridge, in the town of Seekonk.

Sect. 15. Be it further enacted^ That said corporation shall Corporation to
be bound to make, and forever maintain legal and sufficient fences ^^ ^ ences.
on each side of said rail-road ; and in case they shall neglect so
to do, they shall be liable to the owners of the adjoining lands for
all damages arising from such neglect, in an action of debt, to be
brought in any court proper to try the same.

Sect. 16. Be it further enacted, That if the said rail-road. How road siiaii
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 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 highv/ay.

And said corporation shall have the power to raise or lower Power to raise
such turnpike, highway, or private way, so that the said rail-road, "[ke^&.c!"'^"
if necessary, may conveniently pass under or over the same.
And in case said corporation shall unreasonably neglect to make Alterations,
such alterations or amendments as the county commissioners for '°^'"^ ®'
said county of Bristol shall, according to the provisions of an act,
entitled "an act for defining the rights and duties of rail-road 1833 cii. 187.
corporations in certain cases," passed the twenty-sixth day of
March, in the year of our Lord eighteen hundred and thirty-three,
determine to be reasonable and proper, the proprietors of any

534 1835. Chap. 95.

such turnpike, or the selectmen of the town where the portion of
the said highway or private way so crossed by said rail-road is sit-
uate, as the case may be, may proceed to make such alterations 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 rea-
sonable damages for all charges, disbursements, labor and services
occasioned by making such alterations or amendments, with costs
of suit.

mn-road"'^ Sect. 17. 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 rail-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-
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 rail-road, shall be in conform-
ity with such rules, regulations and provisions as the directors
shall, from time to time, prescribe and direct, and said rail-road
may be used by any persons who shall comply with such rules

Proviso. and regulations : provided, however, that if, at the expiration of

ten years from and after the completion of said I'ail-road, the net
income or receipt 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 rail-road,
the Legislature n)ay 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 rail-road to be the same as in 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 the tolls and profits as to produce
less than ten per centum upon the cost of the said rail-road, with-
out the consent of the said corporation.

Slate may au- Sect. 18. Be it further enacted. That the state may author-

thorize the entry . ^ . , i -i i • c

of other rail- '^e any company to enter with another rail-road at any ponit of
roads. this 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 virtue of the provisions of this act : pro-
May purchase vided, ttlso, that it shall be in the power of the government of this
Commonwealth, at any time during the continuance of the charter
hereby granted, after the expiration of twenty years, to purchase
of the said corporation the said rail-road, and all the franchises,
property, rights and privileges of the said corporation, by paying
therefor the amount expended by said corporation ; and in case,
at the time of making 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

1835. Chap. 95. 535

sum, as, together with the profits of every kind which they shall
have received, will be equal to a net profit of ten per cent, per
annum on the expenditures of said corporation, from the -date of
the payment thereof by the stockholders of said corporation, to
the time of such purchase.

Sect. 19. Be it further enacted^ That it shall be the duty Corporation to
of the directors of said corporation, from year to year, to make t'he'iegisia°ure'°
report to the legislature, under oath or affirmation, of their acts yearly.
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 Forfeiture for
refuse to make such report, at the expiration of every year after neglect.
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 five thousand dollars, to be recovered by action or
indictment in any court of competent jurisdiction.

Sect. 20. Be it further enacted^ That the directors of said Authorized to
corporation, for the time being are hereby authorized to erect toll- hou*ses° &c.
houses, establish gates, appoint toll-gatherers, and demand toll
upon said rail-road, when completed, and upon such parts thereof
as shall from time to time be completed.

Sect. 21. Be it furtlier enacted^ l^h^i {he said corporation Corporation lia-
shall be holden to pay all damages that may arise to any person for taking"' ^^^''
or persons, corporation or corporations, by taking their lands or lands, &c.
other property for said rail-road, when the same cannot be ob-
tained by voluntary agreement, to be estimated and recovered
in the manner provided for by law.

Sect. 22. Be it further enacted, That if any person shall Penalties for
wilfully and maliciously, or wantonly and contrary to law, ob- r"es"^'°"^ '"•'""
struct the passage of any carriage on said rail-road, or in anyway
spoil, injure or destroy said rail-road, or any part thereof, or any
thing belonging thereto, or any material or implement to be em-
ployed in the construction, or for the use of said rail-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 ev-
ery 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 corpora-
tion ; and the offender or offenders shall be liable to indictment by Offenders liable
the grand inquest for the county within which such trespass shall an^"fine""^"^
have been committed, for any offence or offences, contrary to the
foregoing 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 such con-
viction mav be had.

636

1835.-

-Chap. 95—96.

Construction of
bridges, &c.

Draws.

Damages for
detaining ves-
sels in passing
bridges.

Bridges, &c.,
to be kept in
good repair.

Conditions of
this act.

Chap. 96.

Persons incor-
porated.

Powers.
1833 eh. 83.

Sect. 23. Be it further enacted. That the said corpora-
tion be, and they hereby are authorized and empowered to erect
for the sole and exclusive accommodation of the travel on said
rail-road, where the same crosses Cole's river and Lee's river, in
the towns of Swansey and Somerset, suitable bridges of such ma-
terials and form, and of such width, not exceeding four rods, as
they may judge best for the safe and convenient accommodation
of said rail-road : provided^ always^ that there be made proper
and sufficient passages for the water at each of said bridges, and
that there be made and kept in good repair sufficient draws or pas-
sage ways for the convenient and safe passing and repassing of ves-
sels at all suitable times free of toll. And the said corporation
shall be held liable to raise the draws or open such passage ways,
and to afTord all reasonable accommodation to vessels having oc-
casion to pass at all seasonable times. And if any vessel shall be
unreasonably detained in passing said bridges, or either of thein,
by the negligence of said corporation, the owner or commander
of said vessel may recover reasonable damages therefor of the
said corporation, in an action on the case, before any court proper
to try the same.

Sect. 24. Be it further enacted^ That said corporation shall
constantly maintain in good repair all bridges, abutments and etn-
bankments, which they may construct for the purpose of con-
ducting their rail-road over any canal, turnpike, or other highway
or private way, or for conducting such private way, turnpike, or
other highway over said rail-road.

Sect. 25. Be it further enacted, That if the said corpora-
tion shall fail to complete said rail-road, on or before the first day
of December, in the year of our Lord one thousand eight hun-
dred and forty-one, or if said corporation shall not build the ferry
wharves and bridges, and extend and complete the said ferry-road
to the said town landing in Swansey, which are severally referred
to in die eighth section of this act, on or before the first day of
December, which will be in the year of our Lord eighteen hun-
dred and thirty-eight, then this act shall be null and void. [March
31,1535.] Add. acts, 1836 ch. 264 : 1837 ch. 96.

An Act to incorporate the Proprietors of the Cemetery of Mount Auburn.

Sect. 1. BE it enacted hy the Senate and House of Repre-
sentatives^ in General Court assembled, and by the authority of
the same, That Joseph Story, John Davis, Jacob Bigelow, Isaac
Parker, George Bond and Charles P. Curtis, together with such
other persons as are proprietors of lots in the Cemetery at Mount
Auburn, in the towns of Cambridge and Watertown, in the coun-
ty of Middlesex, and who shall in writing signify their assent to
this act, their successors and assigns, be, and they hereby are
created a corporation, by the naine of the Proprietors of the
Cemetery of Mount Auburn, and they shall have all the powers
and privileges contained in the statute of the year one thousand
eight hundred and thirty-three, chapter eighty-three.

Sect. 2. Be it further enacted, That the said corporation

1835. Chap. 96. 537

may take and hold in fee simple the garden and cemetery at May hold addi-

Mount Auburn, now held by the Massachusetts Horticultural So- ^'''°^' '^"'^•

ciety, and any other lands adjacent thereto, not exceeding fifty

acres in addition to said garden and cemetery, upon the same

trusts, and for the same purposes, and with the same powers and

privileges, as the said Massachusetts Horticultural Society now

hold the same, by virtue of the statute of the year one thousand

eight hundred and thirty-one, chapter sixty-nine ; and may also

take and hold any personal estate, not exceeding in value fifty Personal estate.

thousand dollars, to be applied to purposes connected with and

appropriate to the objects of said establishment.

Sect. 3. Be it further enacted, That all persons, who shall Membership,
hereafter become proprietors of lots in said cemetery, of a size
not less, each, than three hundred square feet, shall thereby be-
come members of the said corporation.

Sect. 4. Be it further enacted, That the officers of the said Officers, their
corporation shall consist of not less than seven, nor more than number, «fec.
twelve trustees, a treasurer, secretary, and such other officers as
they may direct. The trustees shall be elected annually at the
annual meeting, and shall hold their offices until others are chosen.
And they shall choose one of their number to be president, who President,
shall be also president of the corporation ; and they shall also
choose the secretary and treasurer, either from their own body
or at large. And the said trustees shall have the general man-
agement, superintendence and care of the property, expenditures,
business and prudential concerns of the corporation, and of the
sales of lots in the said cemetery, and they shall make a report
of their doings to the corporation, at their annual tneeting. The
treasurer shall give bonds for the faithful discharge of the du- Treasurer,
ties of his office, and shall have the superintendence and manage-
ment of the fiscal concerns of the corporation, subject to the
revision and control of the trustees, to whom he shall make an
annual report, which shall be laid before the corporation at their
annual meeting. And the secretary shall be under oath for the Secretary,
faithful performance of the duties of his office, and shall record
the doings at all meetings of the corporation and of the trustees.

Sect. 5. Be it further enacted, That the annual meetings Annual meet-
of said corporation shall be holden at such time and place as the '"&*■
by-laws shall direct, and the secretary shall give notice thereof,
in one or more newspapers printed in Boston, seven days at least
before the time of meeting. And special meetings may be called Special meet-
by the trustees in the same manner, unless otherwise directed by '"gf' j^^^ ^° ^^

L I 1 11 • 1 I called.

trie by-laws ; or by the secretary, in the same manner, upon the
written request of twenty members of the corporation. At all Quorum for
meetings a quorum for business shall consist of not less than seven ^usmess.
members ; and any business may be transacted, of which notice
shall be given in the advertisements for the meeting, and all ques-
tions shall be decided by a majority of the members present, and
voting, either in person or by proxy.

Sect. 6. Be it further enacted, That, as soon as the said Transfer of gar-
corporation shall have received, from the Massachusetts Horticul- ^^j^ and^ceme-

voL. VII. 68 "^'

638

1835..

Chap. 96.

Powers.

1831 ch. 69.

Penalty for wil-
ful destruction
of tombs, &c.

Offender liable
in an action of
trespass.

Lots to be indi'
visible.

Trustees may
designate repre^
senlatives of
lots, &c.

tural .Society, a legal conveyance of the said garden and cemetery
at Mount Auburn, the Massachusetts Horticultural Society shall
cease to have any rights, powers and authorities over the same,
and all the rights, powers and authorities, trusts, immunities and
privileges, conferred upon the said society, and upon the propri-
etors of lots in the said cemetery, in and by virtue of the first
section of the statute of the year one thousand eight hundred and
thirty-one, chapter sixty-nine, shall be transferred to, and exer-
cised by the corporation created by this act ; and the same shall
to all intents and purposes apply to the said corporation, and all
proprietors of lots in the said cemetery, with the same force and
effect as if the same were herein specially enacted, and the said
corporation substituted for the Massachusetts horticultural society
hereby.

Sect. 7. Be it further enacted, That any person who shall
wilfully destroy, mutilate, deface, injure, or remove any tomb,
monument, grave-stone, or other structure, placed in the ceme-
tery aforesaid, or any fence, railing, or other work for the pro-
tection or ornament of any tomb, monument, grave-stone, or
other structure aforesaid, or of any cemetery lot, within the limits
of the garden and cemetery aforesaid, or shall wilfully destroy,
remove, cut, break or injure any tree, shrub or plant, within the
limits of the said garden and cemetery, or shall shoot or discharge
any gun or other fire-arm within the said limits, shall be deemed
guilty of a misdemeanor, and shall, upon conviction thereof, be-
fore any justice of the peace, or other court of competent juris-
diction, within the county of Middlesex, be punished by a fine
not less than five dollars, nor more than fifty dollars, according
to the nature and aggravation of the offence ; and such offender
shall also be liable in an action of trespass, to be brought against
him in any court of competent jurisdiction, in the name of the
proprietors of the cemetery of Mount Auburn, to pay all such
damages as shall have been occasioned by his unlawful act or
acts, which money, when recovered, shall be applied by the
said corporation, under the direction of the board of trustees, to
the reparation and restoration of the property destroyed, or in-
jured as above, and members of the said corporation shall be
competent witnesses in such suits.

Sect. 8. Be it further enacted. That the lots in said cem-
etery shall be indivisible, and upon the death of any proprietor of
any lot in the said cemetery, containing not less than three hun-
dred square feet, the devisee of such lot, or the heir at law, as
the case may be, shall be entitled to all the privileges of member-
ship as aforesaid ; and if there be more than one devisee or heir
at law, of such lot, the board of trustees for the time being shall
designate which of the said devisees or heirs at law shall repre-
sent the said lot, and vote in the meetings of the corporation,
which designation shall continue in force until, by death, removal,
or other sufficient cause, another designation shall become neces-
sary ; and in making such designation, the trustees shall, as far
as they conveniently may, give the preference to males over fe-

1835. Chap. 96. 539

males, and to proximity of blood and priority of age, having due
regard, however, to proximity of residence.

Sect. 9. Be it further enacted, That it shall be lawful for Corporation
the said corporation to take and hold any grant, donation or be- gran/ofprop'^
quest of property, upon trust, to apply the income thereof, under erty upon trust,
the direction of the board of trustees, for the improvement or ^'^'
embellishment of the said cemetery, or of the garden adjacent
thereto, or of any buildings, structures or fences, erected or to
be erected upon the lands of the said corporation, or of any in-
dividual proprietor of a lot in the cemetery, or for the repair,
preservation, or renewal of any tomb, monument, grave-stone,
fence or railing, or other erection, in or around any cemetery lot,
or for the planting and cultivation of trees, shrubs, flowers or
plants, in or around any cemetery lot, according to the terms of
such grant, donation or bequest ; and the supreme judicial court Supreme court
in this Commonwealth, or any other court therein, havine; equity may compel

. . ,. • t 11 I r 11 J • • 1- • II performance of

jurisdiction, shall have hill power and jurisdiction, to compel the said trusts, &c.
due performance of the said trusts, or any of them, upon a bill
filed by a proprietor of any lot in the said cemetery for that pur-
pose.

Sect. 10. Be it further enacted, as follows : First, that the
present proprietors of lots in the said cemetery, who shall be-
come members of the corporation created by this act, shall
thenceforth cease to be members of the said horticultural society,
so far as their membership therein depends on their being propri-
etors of lots in the said cemetery. Secondly, that the sales of Sales of lots,
the cemetery lots shall continue to be made as fast as it is prac-
ticable by the corporation, created by this act, at a price not less
than the sum of sixty dollars for every lot containing three hun-
dred square feet, and so in proportion for any greater or less
quantity, unless the said horticultural society, and the corporation
created by this act, shall mutually agree to sell the same at a less
price. Thirdly, that the proceeds of the first sales of such lots, Proceeds of
after deducting the annual expenses of the cemetery establish- sales, how ap-
ment, shall be applied to the extinguishment of the present debts
due by the said horticultural society on account of the said gar-
den and cemetery, and after the extinguishment of the said debts,
the balance of the said proceeds, and the proceeds of all future
sales, shall annually, on the first Monday in every year, be di-
vided between the said horticultural society and the corporation
created by this act, in manner following, namely : fourteen hun-
dred dollars shall be first deducted from the gross proceeds of
the sales of lots, during the preceding year, for the purpose of
defraying the superintendent's salary and other incidental ex-
penses of the cemetery establishment, and the residue of the said
gross proceeds shall be divided between the said horticultural
society and the corporation created by this act, as follows, name-
ly : one fourth part thereof shall be received by and paid over to
the said horticultural society, on the first Monday of January, of
every year, and the remaining three fourth parts shall be retained
and held by the corporation created by this act, to their own use

540

1835..

Chap. 96—97.

Appropriation
of money re-
ceived by hor-
ticultural soci-
ety,

—by this corpo-
ration.

First meeting-.

Cemetery ex-
empt from tax-

Chap. 97.

Persons incor-
porated.

forever. And if the sales of any year shall be less than fourteen
hundred dollars, then the deficiency shall be a charge on the sales
of the succeeding year or years. Fourthly, the money so re-
ceived by the said horticultural society shall be forever devoted
and applied by the said society to the purposes of an experi-
mental garden, and to promote the art and science of horticulture,
and for no other purpose. And the money so retained by the
corporation created by this act, shall be forever devoted and ap-
plied to the preservation, improvement, embellishment and en-
largenient of the said cemetery and garden, and the incidental
expenses thereof, and for no other purpose whatsoever. Fifthly,
a committee of the said horticultural society, duly appointed for
this purpose, shall, on the first Monday of January, of every
year, have a right to inspect and examine the books and accounts
of the treasurer, or other officer acting as treasurer of the cor-
poration created by this act, as far as may be necessary to ascer-
tain the sales of lots of the preceding year.

Sect. 11. Be it further enacted^ That any three or more
of the persons named in this act shall have authority to call the
first meeting of the said corporation, by an advertisement in one
or more nevi^spapers printed in the city of Boston, seven days at
least before the time of holding such meeting, and specifying the
time and place thereof. And all proprietors of lots, who shall
before, at, or during the time of holding such meeting, by writing,
assent to this act, shall be entided to vote in person or by proxy,
at the said first meeting. And at such meeting, or any adjourn-
ment thereof, any elections may be had, and any business done,
which are herein authorized to be had and done at an annual
meeting, although the same may not be specified in the notice
for the said meeting. And the first board of trustees, chosen at
the said meeting, shall continue in office until the annual meeting
of the said corporation next ensuing their choice, and until an-
other board are chosen in their stead, in pursuance of this act.

Sect. 12. Be it further enacted^ That the said cem-
etery shall be, and hereby is declared exempted from all public
taxes, so long as the same shall remain dedicated to the purposes
of a cemetery. [March 31, 1835.]

An Act to establish the Miller's River Bridge Corporation.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Patrick T. Jackson, Benjamin R. Nichols and
Charles R. Lowell, their associates, successors and assigns, be,
and they are hereby made a corporation, by the name of the
Miller's River Bridge Corporation, for the purpose of locating
building, and completing a bridge across Miller's river, in the di-
rection of Bridge street, in that pait of Cambridge called East
Cambridge, and following that direction till it reaches the Barrell
!Farm, so called, in Charlestown, the said bridge to be built of
good and sufficient materials, and to be not less than forty feet
in width, from outside to outside.

1835. Chap. 97. 541

Sect. 2. Be it further enacted, That the said corporation Damages.
shall be holden to pay all damages that may arise to any person
or persons, whose real estate shall be taken for the use of said
bridge, the same to be estimated and recovered in the manner
provided by law for the recovery of damages happening by the
laying out of highways.

Sect. 3. 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 which may be conveyed or
transported upon said bridge, the rates to be one half of those
mentioned in the third section of the statute of the year one
thousand seven hundred and eighty-four, chapter fifty-three, in- i'784ch. 53.
corporating the proprietors of Charles River bridge : provided, ^^^^ passen-
however, that no toll shall be taken for foot passengers passing gers exempt
the same ; and when the said corporation shall be reimbursed by '■"omtoll.
said toll, after deducting all expenses for the money by them ex-
pended in and about the building of said bridge, with lawful in-
terest thereon, they shall make no further dividends ; and when Bridge, when
they shall thereafter have raised from said toll a fund sufficient, t° become free,
in the opinion of the county commissioners, for the county of
Middlesex, to keep said bridge in permanent repair, the said
toll shall cease, and the said bridge shall become free for the use
of the public. And the said corporation shall pay over to the
treasurer of said county the fund so j'aised for keeping said bridge
in repair, and the said treasurer shall, under the direction of
said county commissioners, invest the same on good security,
and keep the same so invested from time to time ; and the inter-
est and income of said fund, so far as the same shall be needed
therefor, shall be applied from time to time for that purpose, un-
der the direction of the said county commissioners ; and such
part thereof as shall not be necessary therefor, in any one year,
shall be added to the principal, and invested in the same way,
until the same shall be needed for the repair or rebuilding of said
bridge.

Sect. 4. Be it further enacted, That it shall be the duty Corporation to
of said corporation, as soon as said bridge is completed, to "^e'^cosTofbund-
make to the governor and council an exhibit of the cost of the ing bridge, &c.
same, which shall not exceed the sum of seven thousand dollars,
and on the second Monday of January, annually, to exhibit to
the governor and council a statement of the profits accruing
from the toll, stating particularly the amount of money received,
and the amount expended, the expenses in no case to exceed
one thousand dollars annually ; and all said statements shall be
sworn to by the treasurer. And if said corporation shall not, J]"^""^)!,'"" "'^
within three years from the passage of this act, locate, build,
and complete said bridge, agreeably to the provisions aforesaid,
then this act shall be void.

Sect. 5. Be it further enacted. That the towns of Cam- Purchase of the
bridge and Charlestown, and the county of Middlesex, or any ""' ^^'
or either of them, may at any time purchase said bridge of said
corporation, by paying them the cost thereof with interest, de-

542

1835.

■Chap. 97—98.

Purchasers lia-
ble for injuries,
&c.

First meetinof.

Clerk.

Treasurer.

By-laws.

ducting the net receipts from the toll as aforesaid, in which case
the said bridge shall become free for ihe use of the public ; and
the purchaser or purchasers shall thereafter keep the same in
permanent repair, and shall be liable for any injury which may be
caused through any defect or want of necessary repair of said
bridge, in the same manner as towns are now by law liable for
any injuries caused through any defect or want of uecessaiy re-
pair of common highways and bridges ; and whenever the said
bridge shall become free as aforesaid, all the obligations herein
imposed upon said corporation to keep and maintain the same in
repair, shall thereafter cease.

Sect. 6. Be it further enacted, That either of the per-
sons named in this act, is authorized to call the first meeting of
said corporation, by causing notice thereof to be published in
one or more of the newspapers printed in Charlestown or Bos-
ton, or by giving personal notice to each stockholder, seven
days at least prior to said meeting. And said stockholders
by a vote of a majority of those present, or represented by
proxy, at said meeting, allowing one vote to each share, shall
choose a clerk and treasurer, who shall be sworn to a faithful dis-
charge of the duties of their respective offices ; the treasurer to
give bonds of not less than two thousand dollars, with sufficient
sureties ; and said offices may be united in one person, if the
stockholders shall so elect ; and at the same or any subsequent
meeting, said corporation may make and establish any by-laws,
rules and regulations, not repugnant to the constitution and laws
of the Commonwealth, that shall be necessary or convenient for
effecting the purposes aforesaid, and for collecting the toll herein
before granted, and the same by-laws, rules and regulations,
may cause to be kept and executed, or for the breach thereof,
may order fines and penalties not exceeding ten dollars : pro-
vided, that any such by-law which itnposes a penalty for its vio-
lation, shall be first approved by the county commissioners of
the county of Middlesex. The said stockholders may also
choose and appoint any other officer or officers of said corpora-
tion, that may be deemed necessary. And this act, and all by-
laws and votes of the said corporation, shall be fairly recorded
by their clerk, in a book or books, for that purpose provided
and kept, which book or books shall be subject to the inspec-
tion of any person or persons for that purpose appointed by the
legislature or by the governor and council. [JVIarch 31,18 ob."]

CflCtP' 98. An Act to authorize the United States to take or purchase a site for a Light-house on
the Neck in Marblehead, and to cede the jurisdiction of 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 United States of America may purchase or
take, as herein after provided, any tract of land, which shall be
found necessary or convenient for the light-house authorized by
congress to be erected at Marblehead, within this Commonwealth ;
and during the appropriation of said tract of land, to the purpose

Proviso.

Act, &c., to be
recorded by
clerk.

United States
may purchase
or take land for
a light-house.

1835. Chap. 98—99. 543

aforesaid, the jurisdiction of said tract of land, not exceeding four
acres, and situated at a place called the neck in said Marblehead,
shall be, and is hereby ceded to, and shall be in the United States,
reserving to this Commonwealth concurrent jurisdiction with the
United States in and over said land, so far that all civil and crim-
inal 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 jurisdiction had not been granted as afore-
said.

Sect. 2. Be it further enacted, That if the agent or person if the parties
employed for the United States, and the owner or owners of said ^hecoun°or'
land, which shall be found necessary and convenient for said common pleas
light-house, cannot agree in a sale and purchase thereof, such ^an^ to^beVp-^
agent or person employed may apply to the court of common praised by a
pleas in the county of Essex, and said court is hereby authorized J"""^'*
and empowered to cause the value of said land, together with
such damages as the owner or owners of the same may sustain,
by the erection of said light-house, to be appraised by a juiy, 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, after fourteen days notice to the
owner or owners of said land, 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 shall seal up
their verdict, and deliver the same to the said sheriff or his dep-
uty, who shall make return thereof to said court, at the next term Sheriff shall
to be holden in and for said county ; which verdict of the jury, [^eh-Ve^rdic"t.°^
being accepted by the said court, and the amount of said verdict
being paid to the owner or owners of the said land, or, if they
shall not appear, or shall refuse to receive said amount, then said
amount being deposited 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 for
the purpose aforesaid : provided, that all charges of such applica- Charges. &c.,
tion and appraisement shall be paid by the United States : pro- the United ^
vided, also, that all persons who shall dwell upon said tract of land States.
shall be deemed and taken to be inhabitants of said town of Mar-
blehead, and shall there be subject to the same duties, and have and
enjoy the same privileges, as other inhabitants of said town ; sav-
ing that the keeper of said light-house shall not be liable to serve
as a juror, or to perform military duty. [March 31, 1835.]

An Act to incorporate the City Mills Company. Ch(tV. 99«

Sect. 1 . BE it enacted hy the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Alexander De Witt, Samuel Dowse and Benja- Persons incor-
min F. Campbell, their associates, successors and assigns, be, ^^""^ ^
and they hereby are made a corporation, by the name of the
City Mills Company, for the purpose of manufacturing cotton

544

1835.-

-Chap. 99—102.

Powers and
duties.

1829 ch. 53.

Real and per-
sonal estate.

Chap WO.

Persons incor-
porated.

Location of
bridge.

Condition of
this act.

Chap\Q2.

1831 ch. 56.

1832 cii. li.

1833 cl). 5.
1834. ch. 171.
1835 ch. 46.
Increase of cap-
ital stock.

goods, in the town of Franklin, in the county of Norfolk, and for
this purpose shall have all the powers and privileges, and be sub-
ject to all the duties and requisitions, contained in the statute of
one thousand eight hundred and twenty-nine, chapter fifty-third,
defining the general powers and duties of manufacturing corpora-
tions.

Sect. 2. Be it further enacted, That said corporation may
lawfully hold and possess such real estate, not exceeding twenty-
five thousand dollars, and such personal estate, not exceeding
fifty thousand dollars, as may be suitable for the purposes afore-
said, l^pnl 1, 1835.]

An Act to incorporate the Proprietors of Chelsea Point Bridge.

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 Burrill, Joseph Belcher, John W.
Tevvksbury, and their associates, successors and assigns, are
hereby made a corporation, by the name of the Proprietors of
Chelsea Point Bridge.

Sect. 2. Be it further enacted, That said corporation is
hereby authorized to build a bridge from the westerly side of
Pulling Point, in the town of Chelsea, to the easterly side of
Belle Isle, lying within the limits of the city of Boston, across
the creek running between the two places aforesaid ; which bridge
shall be well built, of good and sufficient materials, not less than
twenty feet wide, with sufficient railings for the protection of pas-
sengers. And no toll shall be demanded of any person or per-
sons who shall pass over said bridge, and said corporation shall
be liable for all damages to travellers over said bridge, happening
through any defect of the same, in the same way and manner as
towns are liable for all defects in public highways and bridges.

Sect. 3. Be it further enacted. That if said corporation
shall neglect, for the space of three years after the passing of this
act, to build said bridge, then this act shall be void. [^April 1,
1835.]

An Act to authorize the Boston and Providence Rail-road Corporation to increase
their capital stock.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same.
That the Boston and Providence Rail-road Corporation be, and
they hereby are authorized to increase their capital stock, to an
atnount not exceeding five hundred thousand dollars, by creating
an additional number of shares, not exceeding five thousand, of
one hundred dollars each, the said shares to be apportioned
among the present stockholders pro rata ; and the same to be
assessed by instalments, from time to time, as the directors shall
find it expedient, the amount thus raised to be applied for the
purposes specified m their original act of incorporation, and the
acts in addition thereto, [^pril \, ]835.] Add. act, 1836
ch. 254.

1835. Chap. 103—106. 545

An Act to establish an Institution for Savings in Boston. OhctV 1 03.

BE it enacted by the Senate and House of Representatives^
in General Court assembled, and by the authority of the same,
That Thomas Richardson, Hugh Montgomery, Noah Brooks, Persons incor-
their associates and successors, are hereby incorporated, by the P*"'^'®*^-
name of "the Savings Institution of South Boston," to be locat-
ed in that part of the city of Boston, called South Boston, and
shall be entitled to all the powers and privileges, and be subject Powers and
to all the duties and liabilities, contained in the statute of one ^""®s-
thousand eight hundred and thirty-four, chapter one hundred and
ninety, entitled "an act to regulate institutions for savings." I834ch. 190.
[April 1, 1835.]

An Act to incorporate the Proprietors of Middlesex High School. C^hflil 1 C\hi

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same.
That Isaac Livermore, Joseph T. Buckingham, Charles Ever- Persons incor-
ett, their associates and successors, are hereby incorporated, by po''*'^^-
the name of the Proprietors of Middlesex High School, to be
established in Cambridge, in the county of Middlesex, with the Powers,
powers and requirements contained in " an act concerning cor- 1833 eh. 88.
porations," passed the eighth day of March, one thousand eight
hundred and thirty-three ; and with power to hold real and per- Real and per-
sonal estate, not exceeding in value the sum of twenty thousand sonal estate,
dollars, to be devoted exclusively to the purposes of education.
[April 1, 1835.]

An Act to authorize Darius Weeks and others to construct a Wharf on the south Chciv\05.
shore of the town of Harwich. *

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same.
That Darius Weeks, Zebina H. Small, Jonathan Small, and Darius Weeks
Zephaniah Nickerson, and their associates, are hereby empow- powered to con-
ered to construct and maintain a wharf, on the south shore of the struct a wharf,
town of Harwich, in the county of Barnstable, at or near Da-
rius Weeks' landing, not to exceed five hundred feet in length
from high water mark, and two hundred feet in breadth ; and
shall have the right to fasten and lay vessels at said wharf, and
receive wharfage therefor, and shall have all the privileges neces-
sary for the convenient and useful improvement and occupation
thereof : provided, hoivever, that this grant shall in no wise inter- Proviso,
fere with the legal rights of any other person or persons. [April
1, 1835.]

An Act concerning the Grammar School in Ipswich. CilCtp 1 06.

Sect. 1. BE it enacted by the Senate and House of Rep- Act of 1765.
resentatives, in General Court assembled, and by the authority of (Xof'^u^L'''^'^
the same, That the feofees of the grammar school in Ipswich, (v. i. p. 145.)
are authorized and empowered to sell, and pass deeds of the fol-
lowing parcels of real estate, namely: the "school-house or- Feofees author-
chard," the "school marsh," and all their right and interest in j^^s'"*^"
the "Cross farm," severally so called, to any person or persons,
his, her, or their heirs and assigns, for such consideration as shall

VOL. VII. 69

546

1836.-

-Chap. 106—108.

Investment of
proceeds.

Application of
income.

1786 ch. 54.

ChapWl.

Leander P.
Lovell and oth-
ers authorized
to construct a
wharf.

Proviso.

C/mjt?108.

Persons incor-
porated.

Corporation au-
thorized to hold
certain real es-
tate.

be agreed on, which deed and deeds, duly executed, acknowl-
edged and recorded, shall pass good titles to the purchaser or
purchasers, his, her, or their heirs and assigns, so tliat neither
the said feofees, nor their successors, nor the legal representatives
of the donors of said lands, shall ever have, claim or demand the
same, or any part thereof.

Sect. 2. Be it further enacted, That the said feofees shall
invest the net proceeds of said lands, in the stock or stocks of
some incorporated bank or banks, or put the same out upon in-
terest, on mortgage on real estate, or loan the same to any incor-
porated town or city in this Commonwealth ; and that they be
authorized to collect, and again to invest the same, as aforesaid,
when and so often as the said feofees, or a major part of them,
shall deem it to be most advantageous for said school, and they
shall apply the income thereof exclusively to the uses appointed
by the original donors, and agreeably to an act incorporating cer-
tain persons as feofees of said school, and for regulating the same,
passed in the year of our Lord one thousand seven hundred and
sixty-five, and which was made perpetual by an act passed on
the fourteenth day of February, in the year of our Lord one
thousand seven hundred and eighty-seven, [.^pril I, 1835.]

An Act authorizing Leander P. Lovell and Harvey Chace to construct a Wharf in
Taunton Great River.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That Leander P. Lovell, and Harvey Chace, be hereby author-
ized to construct a wharf, extending from their land, at a place
called Bowenville, in Fall River, to a point in Taunton Great
River, where the water is sixteen feet in depth at low water.
And the proprietors of said wharf shall enjoy all the powers and
privileges, and be subject to all the liabilities common to propri-
etors of wharves in said river : provided, that this act shall not
interfere with the legal rights of any other person or persons.
[^pril 1, 1835.]

An Act to incorporate the Mechanics Wharf Company in New Bedford.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority oj
the same, That Abraham Gifford, Gideon Allen, Benjamin Rod-
man, their associates, successors and assigns, be, and they hereby
are constituted a body corporate, by the name of " the Mechan-
ics Wharf Company."

Sect. 2. Be it further enacted, That the said corporation
be, and hereby is declared and made capable in law to have, hold
and possess in fee simple, lease-hold, or otherwise, all or any
part of certain real estate, situate in the said town of New Bed-
ford, and bounded and described as follows, to wit : southerly
on a lane or common way, called Ark lane, running from North
Second street to the Acushnet river, on the west by a lane
twenty feet wide, leading from said Ark lane to the line of land
owned by William Beetle, which lane is located seventy-nine

1835. Chap. 108—109. 547

feet from a line in continuation of the west side of Water street,

on the north by land owned by William Beetle, and on the east

by the Acushnet river : provided, the lawful owners of said prop- Provisos.

erty shall legally convey the same to said Mechanics Wharf

Company : and provided, that a way shall be left open for the

use of said company, forty feet wide in a line with a street called

Water street, in said New Bedford.

Sect. 3. Be it further enacted, That the said corporation Assessments,
shall have power, from time to time, to assess, on the stock-
holders, such sums of money, not exceeding, in the whole, five
hundred dollars on each share, for the purchase, improvement
and good management of their estate, or altering and building
any wharves and docks, or laying out streets or passage ways on
the land within the said described limits, or making or repairing
streets or ways, leading to the said premises : provided, the con-
sent of the proprietors of said streets or ways shall be first ob-
tained, or for the improvement and management of the corpo-
rate property and estate agreeably to the true intent of this act.
And in case any proprietor shall refuse or neglect to pay any in case of ne-
assessment, the said corporation may cause such of the shares of S^'^*'' *° P^^
such proprietors as may be sufficient therefor, to be sold at pub- corporation'
He auction to the highest bidder, after thirty days notice, to be may sell shares,
given by publication thereof, in one of the newspapers printed in
said New Bedford, which publication shall be made at least three
times, the last of which shall be at least seven days previous to
the sale, 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 ; provided, always, that no assessment shall be made at
any meedng, unless the same shall be agreed to by two thirds at
least in number of the votes of those present or represented at
said meeting.

Sect. 4. Be it further enacted, That in all meetings of the Right of voting,
members of said corporation, for the transaction of business,
each member or proprietor shall be entitled to one vote, for
every share held in such corporation, and proprietors may appear
and act by proxy in writing at any meeting.

Sect. 5. Be it further enacted, That the whole number Number and
of shares shall not exceed two hundred, and said shares shall be 'rans^'erof
deemed and held as personal property : provided, always, that
the stockholders in said corporation shall be liable in their indi-
vidual capacities, for all debts and liabilities of the said corpora-
tion, and said shares may be transferred by endorsement, a re-
cord of which shall be duly entered upon the books of the cor-
poration, by the clerk of said company, [^^pril 1, 1835.]

An Act to incorporate the New England Mutual Life Insurance Company. Cfldt) 1 09

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 T. Andrews, George Bond, Willard poS.'""""

648

1835.

-Chap. 109.

Powers and
duties.

1833 ch. 83.
Capital stock.

Number of di-
rectors, and
manner of
choosing them.

President and
secretary.

Right of voting.

Powers of the
directors.

Annual divi-
dends.

Phillips, Charles P. Curtis, and Samuel H. Walley, Jr., and
the persons who may be insured under this act, and their associ-
ates, successors, and assigns, be, and they hereby are consti-
tuted a corporation by the name of the New England Mutual
Life Insurance Company, for the purpose of making insur-
ance upon lives, with all the powers and privileges, and subject
to all the duties contained in an act passed in eighteen hundred
and thirty-three, chapter eighty-three.

Sect. 2. Be it further enacted, That there shall be an orig-
inal guaranty capital stock subscribed to the said corporation,
which shall be one hundred thousand dollars, to be divided into
shares by the corporation, half of which shall be paid in, in cash,
before the said corporation shall go into operation, for the pur-
pose of making insurance ; the other half of said stock may be
called for by the directors, from time to time, when they deem
it necessary or expedient, and shall be paid in by the holders of
the stock, which shall always stand pledged to the corporation
for all such assessments so called for.

Sect. 3. Be it further enacted, That, at the first meeting
of the corporation, a number of directors, not less than eight,
shall be chosen by the subscribers to the said guaranty stock,
who shall hold their offices for one year, and until others are
chosen in their stead ; at all subsequent elections of directors,
the number shall be such as may be provided for, by a previous
vote of the directors, or by-law of the corporation, and in case of
no provision on this subject, the number shall be the same as at
the first election, one half of whom shall be elected by the stock-
holders, and the other half by the assured, voting in separate
bodies ; the directors shall all be either stockholders or assured,
and, on ceasing to be such, shall cease to hold said office. The
directors may choose a president from their own number, or from
the stockholders, or the assured, in which case he shall be a di-
rector ex officio. They shall also choose a secretary, who shall
be under oath, and they shall appoint all such officers and servants
to transact the business of the corporation, as they see fit. Each
share of the guaranty capital stock shall entitle the holder to one
vote, and each assured shall be entitled to one vote in the elec-
tion of directors. In case of vacancies in the board of directors,
so as to reduce the number to less than six, meetings of the cor-
poration shall be held, and the vacancies shall be filled so as to
make the board consist of a greater number than six.

Sect. 4. Be it further enacted, That, except the election
of directors, and except the vote of the assured, provided for in
the sixth section, the whole business and affairs of the corpora-
tion shall be under the control and management of the directors.

Sect. 5. Be it further enacted. That, whenever the net
surplus receipts of the corporation over their losses and expenses,
and after providing for risks, shall be sufficient for the purpose,
the stockholders shall be entitled to an annXial dividend of seven
per centum, or to such less dividend as may be agreed upon at
the time of subscribing the stock, and in the case of such dividend

1835. Chap. 109. 549

not being made in any one year, it shall be made good at a sub-
sequent period, when the net resources of the company shall be
sufficient for paying the same.

Sect. 6. 13e it further enacted.. That, after providing for Reserved fund
risks, losses, incidental expenses and dividends, as aforesaid, the IhJ'^'refiption
directors shall set apart one quarter of the estimated surplus funds of the guaranty
and receipts, as a reserved fund, to be applied to the redemption *'°*^'''
of the guaranty stock, and whenever, after the expiration of ten
years from the time of organizing the company, the amount of
such reserved fund shall be sufficient for the purpose, and the
assured shall vote to redeem the said guaranty stock, the same
shall be redeemed.

Sect. 7. Be it further enacted. That, upon the redemption Whemhedirec-
and extinguishment of the guaranty stock, under the provision in chosen'by^he
section sixth, the directors shall be chosen by the assured. assured.

Sect. 8. Be it further enacted, That, at the expiration of Reimbursement
every period of five years, from the time of the organization of from^thesurpius
the company, the remaining three quarters of the estimated sur- funds and re-
plus funds and receipts shall be reimbursed to, and among the '^^'P^®-
assured, in manner following, namely : to the holders of policies
for entire lives, each of which is insured at an uniform annual
premium for the whole life, in the proportion of the whole amount
of premiums paid during the preceding five years, and in a cor-
responding and equivalent proportion upon policies made other-
wise than at such uniform rate of premium, that is to say, the
reimbursement shall be made in the same proportion, as if each
policy subsisting at the end of each five years had been made at
its commencement for an entire life, at an uniform annual premi-
um : provided, hoivever, that the reimbursement to the holder of Proviso,
any policy shall not be estimated upon a greater amount than
shall have been actually paid in, on such policy : provided, fur-
ther, that in consideration of any existing policies having at the
expiration of any such period of five years contributed, directly
or indirectly, to the fund for the redemption of the guaranty stock,
a provision may be made allowing a greater proportion of reim-
bursement on such policies, and preferring those of an older date,
before those of a more recent date, so that each policy shall, so
far as may be, consistently with the circumstances of the com-
pany, be reimbursed for the amount contributed as aforesaid to
the redemption of the guaranty stock.

Sect. 9. Be it further enacted, That the said corporation Portion of pro-
shall, on the third Monday of January of every year, pay over to over°to Ria'ss'
the trustees of the Massachusetts General Hospital, one third of Gen. Hospital.
the net profits, if any, which shall have arisen from insurance on
lives made during the preceding year.

Sect. 10. Be it further enacted. That the supreme judicial Equity jurisdic-
court shall hear and determine in equity all questions, arising be- p°en!e court"'
tween the said corporation, and any stockholder, or assured.
[^pril 1, 1835.]

550

1835.-

Chap. 110—111

ChapWO.

Persons incor-
porated.

Powers and du-
ties.

182!)ch. 53.

Real and per-
sonal estate.

ChapWl.

Persons incor-
porated.

Powers.
1833 cii. 83.

Location of the
rail-road.

Widlh of road.
Proviso.

Capital slock.
Officers.

Powers of the
president and
directors.

An Act to incorporate the Eagleville 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 George A. Titimbiill, Pliny Merrick, David T.
Brigham, their associates, successors and assigns, be, and they
hereby are made a corporation, by the name of the Eagleville
Manufacturing Company, for the purpose of manufacturing cotton
and woollen goods, in the town of Holden, in the county of Wor-
cester, and for that purpose shall have all the powers and privi-
leges, and be subject to all the duties and requisitions, contained
in the statute of one thousand eight hundred and twenty-nine,
chapter fifty-third, defining the general powers and duties of man-
ufacturing corporations.

Sect. 2. Be it further enacted, That said corporation may
hold such real estate, not exceeding in value twenty thousand
dollars, and such personal estate, not exceeding in value thirty
thousand dollars, as may be necessary and convenient for the
purpose aforesaid, [^pril 3, 1835.]

An Act to establish the Charlestown Branch Rail-road Corporation.

Sect. 1. BE it enacted by the Senate and House of Representatives , in General
Court assembled, and by the uuthoritij of the same, That Abijah Goodridge, Joseph
Thompson and William B. Swell, their associates, successors and assigns, be, and
the}' hereby are made a body politic and corporate, by the name of the " Charlestown
JJranch Rail-road Corporation," with the powers and requirements contained in " an
act concerning corporations," passed March eighth, one thousand eight hundred and
thirt3--three. And the said corporation are herel>y aiUhortzed and empowered to lo-
cate, construct, and finally complete a rail-road, commencing at Swell's wharf, in
Charlestown, and thence to the Boston and Lowell Rail-road in Cambridge, in the
county of Middlesex, so as to form a branch thereof, in the course and direction follow-
ing: begmning at the northeasterly side of Swett's wharf, in Charlestown, at a point
one hundred and fifty feet southeast of Water street, thence running parallel to Water
street, sixty rods to the Main street; thence, by a curve of four hundred and eighty
feet radius, fifteen rods to westerly side of Warren avenue ; thence, by a curve of elev-
en hundred feel radius, thirty-five rods across the flats, to the westerly side of Hunt's
wharf, about fifty feet from south end of same; thence north, forty-nine degrees west,
eighty rods ; thence, by a curve of four hundred and eighty feel radius, about forty
rods, to the draw of Prison Point dam bridge; thence along the easterly side of said
bridge, at a distance of thirteen feet from the same, to the new-made land east of said
bridge ; thence, by a curve of four hundred and eighty feet radius, about forty rods, to
a point in the centre of the Roston and Lowell rail-road, and four hundred and eighty
feet west of the west side of Prison Point dam bridge, in such manner and form as they
shall deem most expedient ; and, for this purpose, the said corporation are authorized
to lay out their road, not exceeding fifty feel wide, through the whole length. In all
cases, the line above described is the centre of the rail-road : provided, liowever, that
all damages that ma}' be occasioned to any person or corporation, by the taking of
such land for the purpose aforesaid, shall be paid by said corporation in the manner
herein after provided.

Sect. 2. Be it farther enacted. That the capital slock of said corporation shall con-
sist of one thousand shares, and the immediate government and direction of the affairs
of said corporation shall be vested in five directors, who shall be chosen by the mem-
bers of the corporation in the manner prescribed by their by-laws, 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 presicfenl of the board, who shall
also be president of the corporation ; and they shall have authority to choose a clerk,
who shall he sworn to the failhfiil discharge of his duly, and n treasurer, who shall give
bonds to the corporation, with sureties to the satisfaction of the directors, in a sum not
less thnn five thousand dollars, for the faithful discharge of his trust.

Sf.ct. 3. Be it further enacted, That the president and directors for the time being
are hereby authorized and empowered, by themselves or their agents, to exercise all
the |)owers herein granted to the corporation, for the purpose of locating, constructing
and completing said rail-road, and for the transportation of persons, goods and mer-
chandize, and all such other powers and authority for the jnanagement of the affairs of
the corporation, not heretofore granted, as may be necessary and proper to carry into
pfTect 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

1835. Chap. 111. 551

llie Iransportalion of persons, ffoods and merchandize, to make such equal assessments, Assessments,
from time to time, on all the shares in said corporaiion, as they may deem expedient &c.
and necessary, and direct the same to be paid to the treasurer of the corporation.
And the treasurer sliall give notice of all such assessments, and in case any .subscriber
or stockholder shall neglect to paj' 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 transl'erred to the purchaser, and such delinquent
subscriber or stockholder shall be held accountable to the corporation for the balance,
if his share or shares shall sell for less than the assessments due, with interest, and the
costs of sale; and, after paying the same, sliall be entitled to the overplus, if any re-
main ; provided, however, that no assessments shall be laid upon any shares in said cor- Proviso,
poration of a "reaier amount in the whole than one hundred dollars on each share.

Sect. 4. Be it further enacted, That a toll be, and hereby is granted and establish- Tolls &r.
cd, for the sole benefit of said corporation, upon all passengers, and jjroperty of all
descriptions, which may be conveyed or transported upon said road, at such rates as
may be agreed upon and established, from time to time, by the directors of said corpo-
ration. And the transportation of persons and proptity, the construction of wheels. Rules and reo-u-
tlie form of cars and carriages, the vveight of loads, and all other matters and things in lations. ^

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 or persons, corporation or corporations, who shall
comply- with such rules and regulations : provided, however, that if. at the expiration of Lco-islature
ten years from and after the time of the completion of said road, the net income or re- ma\' reduce the
ceipts from tolls and other profits, taking the ten years aforesaid for the basis of calcu- rate of tolls,
lation, shall have amounted to more than ten per cent, per airnum upon iho capital
slock paid in, the Legislature may lake measures to alter and reduce the rale of tolls
and other profits, in such manner as to take otf the over-plus for the ne.xl ten years cal-
culating the amount of irairsportation upon llie road to be the same as in the ten ne.\t
preceding years, and at the expiration of every ten years thereafter, the same proceed-
ings may be had : provided, further, that the Legislature shall not, at airy lime, so re- Proviso
duce the tolls anil other profits, as to produce less than ten per cent, per annum upon
the capital stock paid in, without the consent of said corporation.

Sect. 5. Be it further enacted. That the respective proprietors and owners of Rio-hts of pro-
wharves and lands, which shall be crossed by said road, shall severally have the right prieiors of
to unite an}' rail-road or rail-roads which they may respectively corrstrucl upon and wharves &c.
over their own land and \\harves, with the rail-road of said corporation, at their own '

expense, by turn-tables or otherwise, as the directors shall deem most expedient, and
at such points as the said proprietors shall respectively choose and designate, and the
main road of said corporation shall be so constructed, as easily to admit cars and other
vehicles from said lateral rail-roads, which cars and vehicles shall be liable to pay the
same, and no other rates of toll, and be subject to the same rules, regulations, and
provisions, as other cars and vehicles travelling upon said main road.

Sect. G. Be it further enacted, That the directors of said corjioration, for the time Directors au-
being, are herebj- authorized to erect toll-houses, establish gates, appoint toll-gatherers, ihorizod to erect
and demand toll upon the roatl when completed, and in no case sliidl the rate of Irav- toll-houses &c.
elling upon said road exceed four miles per hour.

Sect. 7. Be it further enacted, Tha-tlhe snid corporation shall be holden to pay Damao-es.
all damages that may arise to any person or persons, corporation or corporations, by
taking their land or other jjropert}' for said rail-road, when it cannot be obtainetl by
voluntary agreement, to be estimated and recovered iir the manner specified in the act 1833 cli. 187.
for defining the rights and duties of rail-road corporatiorrs in certain cases.

Sect.S Be it further enacted. That, when the lands or other property of any mar Lands of mar-
ried woman, infant, or person under guardianship, shall l)e necessary for the construe- ried women
lion of said rail road, the husband of such inarrieil woman, and the guardian of such &,c. how taken,
infant or other persoir, ma}' release all damages for any lands or estates, taken and
appropriated as aforesaid, as the)- might do, if the same were holden by them in their
own right respectively : provided, hoirever, that every married womair whose lands
shall be taken as aforesaid, shall be entitled to receive the said damages therefor lo
her own sole aird separate use.

Sect. 9. Be it farther enacted. That if airy person shall wilfully, maliciously, or Daman-es for
wantonly, and contrary to law, obstruct the passage of any carriage oir said rail-road, malicious inju-
or in any way spoil, injure or <leslroy said rail-road, or any part thereof, or an}' thing rles.
belongiirg thereto, or any material or imjilement to be employed in the construction or
for the use of said road, he, she. or llroy, or any person or persons assistiirg, aiding or
abetting such trespass, shall forfeit and pay lo said corporation, for every such ofiencc,
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
proper to try the same, by the treasurer of the corporation, lo the use of said corpo-
ration, and such ofiender or offenders shall be liable to indictment by the grand inquest Oflienders liable
for the count}' within which such trespass shall have been commitied, for any offence or to indictment,
oflfences, contrary to the above provisions, and on conviction thereof, before any court
of common pleas, to be holden in said county, shall pay a fine not exceeding one hun-
dred dollars, and not less tharr thirty dollars, to the use of the Commonwealth, or may
be imprisoned for a term not exceeding one year, at ihe discretion of the court before
whom the conviction may be had.

552

1835.-

•Chap. 111.

Right of voting.

Draw.

Damages for
detaining ves-
sels in passing
the draw.

Draw on the
Morrill estate.

Proviso.

How rail-road
shall be con-
structed across
private or pub-
lic ways.

Power to raise
or lower ways.

How and when
Commonwealth
ma}' purchase
rail-road.

Reports to the
I.esrisiature.

Penally for neo
lect.

Condition of
this act.

Sect. 10. Beit further enacted, That at all meetings of said corporation, each
proprietor shall be entitled to as many votes as he holds shares ; provided, that no vote
shall be given by any proprietor, by virtue of any shares held by him, exceeding one
tenth part of ihe whole number of shares.

Sect. 11. Be it furtlier enacted, That there shall be made and kept in such part
of said rail-road as shall run parallel with the Prison Point dam bridge, a draw of at
least thirty feet in width, for the passing and repassing of vessels, said draw to be di-
rectly opposite to the draw of said bridge, and the said corporation shall I'urnish a
proper pier below said road, for the accommodation of vessels passing through the
same. And the said corporation shall be liable to keep said draw in good repair, and
to raise or open 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 draw, by the negligence of the said corporation, in con-
stanll}' providing agents, to faithfully discharge the duties enjoined by this act, the
owner, commander, or person having the consignment of said vessel, may recover
reasonable damages therefor, of the said corporation, in an action on the case, before
any court proper to try the same.

Sect. 12. Be it further enacted, That there shall be made and kept in repair, on
such part of the Morrill estate, so called, as the warden of the slate prison shall di-
rect, a draw of thirty feet in width, for the safe and convenient passing and repassing
of vessels, said draw to be raised or opened in the same manner, and under the same
penalties, as are provided in the preceding section, concerning the draw therein re-
quired : provided, however, that if, at any time, the owners of the said Morrill estate
shall so till up their flats as to interrupt the passage of vessels through said draw, to
the wharf situated on the southerly side of Prison Point dam bridge, now belonging to
the stale prison estate in Charlestown, then, and in such case, said draw may be dis-
continued by saiil corporation, and the said corporation shall pay one moiety of the
expense of tilling up the flats belonging to that part of said state prison estate, lying
southerly of Prison Point dam bridge to the line of said load, and shall convey to the
Commonwealth so much of the flats outside of said road, as will be equal to the
amount of flats belonging to the Commonwealth, which shall be taken for the tract of
said road.

Sect. 13. Be it further enacted. That if the said rail-road, in the course thereof,
shall cross any private way, the said corporation shall so construct said rail-road as
not to obstruct the safe and convenient use of such private vvay, 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 said rail-road shall, in the course thereof, cross any highway, or
town way, the said rail-road shall be so constructed as not to impede or obstruct the
safe and convenient use of such way. And the said corporation shall have the power
to raise or lower such highway, town way or private way, so that the said rail-road
may conveniently pass the same, and if the said corporation shall raise or lower any
such highway, town way, or private way, and shall not so raise or lower the same as
to be satisfactory to the selectmen of the town in which said way may be situated,
said selectmen may require in writing of said corporation sucti alteration or amend-
ment as they may think necessary, and if the required amendment or alteration be
reasonable and proper, and the said corporation shall unnecessarily and unreasonably
neglect to make the same, if ordered so to do by the county commissioners of the
county of Middlesex, and not otherwise, such selectmen may proceed to make such
alteration or amendment, and may institute and prosecute to final judgment and exe-
cution, 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 damage for all charges,
disbursements, labor and services, occasioned by making such alteration or amend-
ments, with costs of suit.

Sect. 14. Be it further enacted, Tlml it shall be in the power of the government
of the Commonwealth, at any lime during the continuance of the charter hereby grant-
ed, after the expiration of twenty years from the opening of said rail-road for use, 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 such a sum as
will reimburse them for the amount of capital paid in, with a net profit thereon of ten
per cent, per annum, from the time of the payment thereof, by the stockholders, to
the time of such purchase, and no more ; and it shall be the duty of the directors of
said corporation, from year to year, to 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 inspection of any committee of the Leg-
islature appointed for that purpose ; and if said corporation shall unreasonably neg-
lect or refuse lo 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 five thousand dollars, to be recovered
by action or indictment in any court of competent jurisdiction.

Sect. 15. Be it further enacted. That if the amount of stock of said rail-road shall
not have been subscribed, the corporation organized, and the location of the route
filed with the county commissioners of the county in which the land proposed to be
taken for said rail-road is situated, previous to the first day of January in the year of
our Lord one thousand eight hundred and thirty-six, or if the said corporation shall
fail to complete the said rail-road on or before the first day of January, in the year

1835. Chap. 111—113. 553

of our Lord one thousand eight hundred and thirty-eight, this act shall be null and
void.

Sect. 16. Be it further enacted, ThuUhe said corporation are hereby authorized Authorized to
to enter with their rail-road on such part of the Boston and Lowell rail-road as is de- enter B. and L.
signaled by the first section of this act, paying for the right to use the same or any rail-road,
part thereof, such a rate of toll as the Legislature may from lime to time prescribe,
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 their act of incorpora-
tion : provided, however, that it shall be the duty of the corporation hereby created to Proviso,
enter the said Boston and Lowell rail-road, by such proper turn-outs or switches as
will not unreasonably incommode the travel upon the said Boston and Lowell rail-
road, and to leave them in such a state as not to interfere with the free use of said
road, and to pay all expenses incident to, and in consequence of any alterations ne-
cessary in said Boston and Lowell rail-road, to enable them to enter upon it in a proper
manner.

Sect. 17. Beit further enacted, That it shall be the duty of said corporation to Road to be con-
construct upon piles the whole of that part of said rail-road between the aforesaid structed upon
draw on the Morrill estate, and the new made land in Cambridge. piles.

Sect. 18. Beit further ewacierf, That said corporation shall have power to vary po^ygj. tQ vary
the location of that part of their rail-road which lies between Hunt's wharf and the lonaiion
eastern terminus herein before mentioned, as they may deem expedient: provided,
the consent of all the owners of the land over which the same shall pass, and the ap-
probation of the selectmen of Charlestown be first had and obtained.

Sect 19. Be it further enacted, That the said rail-road corporation shall have the Right to extend
right to extend said road across said Swell's wharf, in an easterly direction, to the the road,
line of the navy yard in Charlestown, or any part of said distance : provided, that
they shall obtain the consent of ihe selectmen of the town of Charlestown, and of the
owners of all the lands over which said road extended would pass : and provided, also, Proviso,
that nothing in this section contained shall be understood to bind said corporation to
extend said road beyond said Swell's wharf. [April 4, 1835.] Repealed 1836 ch.
187.

An Act to incorporate the North American Insurance Company. C/HcLt) 113.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That George Adams, William S. Bridge, Charles Persons incor-
Henshaw, their associates and successors, are hereby made a po'^^**'^'
corporation, by the name of the North American Insurance Com-
pany, to be located in the city of Boston, for the purpose of
making maritime loans, and insurance against maritime losses, and
losses by 6re, in the customary manner ; with all the privileges, Powers and du-
and subject to all the duties and obligations, contained in the one ""'
hundred and twentieth chapter of the statutes of eighteen hun-
dred and seventeen, and in the one hundred and forty-first chapter 1817 ch. 120.
of the statutes of eighteen hundred and nineteen, and also in I8i9ch. 141.
the ninety-fifth chapter of the statutes of eighteen hundred and 1832 ch. 95.
thirty-two, for and during the term of twenty years after the
passing of this act.

Sect. 2. Be it further enacted, That said corporation may Real estate,
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 fifty thousand dollars, excepting such as may be taken
for debt, or held as collateral security for money due to said com-
pany.

Sect. 3. 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, 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. 4. Be it further enacted, That said company shall Limitation of
at no time take any one risk by way of a policy of insurance, mari- ^^^^'

VOL. VII. 70

554 1835. Chap. 113—119.

time loan, or otherwise, to a greater amount than eight per cent,
on their capital actually paid in. [^pril 6, 1835.] Add. act,
1836 ch. 2.

ChctV 117. -^^ ■^'^'^ '*"" '''^ regulation of ihe Public Landing Place in Milton.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Inhabitants of the same, That it shall be lawful for the inhabitants of ihe towns
MntonYochoo"e °^ Dorchester and Milton, at their annual meeting in March or
a board of com- April, to choosc cach, three suitable persons, who jointly shall
missioners, &c. constitute a board of commissioners on the public landing place
in Milton, who, when organized by electing a chairman and a
clerk to keep a record of their doings, shall proceed to take
charge of the said landing place, and cause all nuisances thereon
to be abated, or to settle for the same upon such terms as they
may deem equitable ; and see that no encroachments in future are
made upon it, and regulate it in general in such a manner, as they
may deem necessary to secure an equal enjoyment of its privi-
leges to all.
Commissioners Sect. 2. Be it further enacted, That if said commissioners
authorized to gj-e of the Opinion that the public convenience requires that im-
mtais, &c.° provements be made upon said landing place by levelling the same,
erecting wharves, or in any other way, the said commissioners
are hereby authorized to make such improvements, from time to
time, as they may deem necessary for the public convenience ;
Empowered to and said commissioners are hereby authorized and empowered to
'Tr ' fcc'"^ lease, for a term of time, so much of said landing place, or exact
such wharfage on goods, wares or merchandize landed, shipped
or stored upon said landing place, as they may deem equitable ;
until said commissioners shall have received a sufficient sum of
money to indemnify them for all the expense that may have ac-
crued, after which the public shall have a right to use it free of
expense under the direction of said commissioners.
Commissioners Sect. 3. Be it further enacted, That said commissioners
invested with are hereby invested with authority to enforce such bargains, agree-
niake"bargains, mcnts, rules and regulations as they from time to time shall make
rules, &c. in their official capacity, by maintaining an action in any court of

law for the recovery of any forfeitures incurred by a breach of any
bargain, agreement, rule or regulation so made ; and said com-
missioners are authorized to receive such a compensation for their
services as the selectmen of the town to which they belong shall
approve, which sum shall be collected and paid, in the same man-
tier as the expenses of the improvements are collected and paid.
l^pril 7, 1835.]

/^h nm 1 1 Q An Act in addition to "An Act incorporatin? the Manufacturers Mutual Fire Insurance
l^napikXJ. Company."

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
Cornpany au- the Same, That the Manufacturers Mutual Fire Insurance Com-
sure public '" P^^y, be, and the same is hereby authorized to insure for a term
buildings. not exceeding one year, upon the same principles as those upon

1835. -Chap. 119—125. 555

which they are now authorized to insure manufacturing establish-
ments within this Commonwealth, any public building, public
hotel, store or store-house, together with any furniture, merchan-
dize, or other property contained therein.

Sect. 2. Be it further enacted^ That the third section of Corporation
the act to which this is in addition be so far amended, that the properly sftuate
property which the said corporation are authorized to insure, may without the
be situate in any state, district or territory of the United States, wealth?"'
and whenever the same shall be without the Commonwealth, the
said corporation may require such additional security for the de-
posit note to be given by the individual or corporation assured, as
they shall see fit. [^pril7, 1835.] Add. act, 1836 ch. 21.

An Act in further addition to "An Act to incorporate the Fishing Insurance Company." QJidj) \ 20,

Sect. 1. BE it enacted by the Senate and House of Repre- issoch. 63.
sentativeS; in General Court assembled, and by the authority of ^^^3 ch. 56.
the same, That the Fishing Insurance Company in the city of increase of
Boston, be, and it hereby is authorized and empowered to in- '^^P"*
crease its capital stock, by adding thereto fifty thousand dollars,
to be divided into shares of fifty dollars each, one half of such
additional capital to be paid in, within sixty days, and the residue
within one year from the passage of this act, in such instalments
as the president and directors shall in their discretion direct.

Sect. 2. Beit further enacted, That when such additional Right to make
capital is all paid in, the said corporation shall have the right to e"ve"r^dTscrip-°
make maritime loans, and insurance against maritime losses, upon tion of vessels,
every description of vessels, and the cargoes thereof, in the cus-
tomary manner : provided, that said company shall at no time Limitation of
take any one risk by way of policy of insurance, maritime loan,
or otherwise, to a greater amount than eight per cent, on their
capital stock actually paid in.

Sect. 3. Be it further enacted, That sections third, fourth Repeal,
and fifth of the act passed March first in the year one thousand
eight hundred and thirty-one, to which this act is in addition, and
all parts of said act inconsistent with the provisions hereof, be,
and the same are hereby repealed. [^April 7, 1835.]

An Act in addition to "An Act to prevent the destruction of Beach Grass in the Ch(tp\'25,
towns of Provincetown and Truro." 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 no neat catde, horses, sheep or goats, shall be No neat cattle,
S , . , c Tt • ^ oi.c., allowed to

permitted to go at large m the town ot Jr'rovmcetown, nor on g^ ^^ large.

that tract of land in the town of Truro between the line which

divides the towns of Provincetown and Truro, and a line drawn

parallel with the aforesaid line from the foot of eastern harbour

meadow in Truro, to the northern side of Cape Cod. And if Penalty.

any persons shall suffer any of the creatures aforesaid to go at

large on the aforementioned lands, he shall forfeit and pay to the

use of the person prosecuting therefor, for every one of said

creatures, except sheep and goats, not less than five, nor more

556

1835.-

Chap. 125—128.

Impounding of
cattie.

Notice of im-
pounding.

Sale of beasts
impounded.

Repeal.

Chap\2S.

1821 ch. 110.

1822 ch. 107.
1824 ch. 49.
1834 ch. 158.

Number of
school commit-
tee.

When to be
chosen.

Repeal.

than ten dollars, and for every sheep or goat, not less than one,
nor more than three dollars.

Sect. 2. Be it further enacted^ That it shall be lawful for
the committee mentioned in the third section of the act to which
this is in addition, or for any other person, to take up and im-
pound in the town pound in Provincetown, any neat cattle,
horses, sheep or goats, found at any time going at large, within
the limits in the preceding section mentioned, he, or they reliev-
ing the said creatures with suitable meat and water during the
time of their confinement. And when any of the creatures afore-
said shall be so impounded, it shall be the duty of the person or
persons impounding them, within twenty-four hours, to inform
the owner thereof, if known, by leaving a written notification at
his usual place of abode, or, if not known, by posting up a writ-
ten notification in three public places in the towns of Province-
town and Truro, which notification shall describe said creatures,
and shall specify the time, place and cause of impounding them,
and if said owner shall not, within three days from the time of
leaving or posting up such notifications, pay, or offer to pay to
the pound-keeper, the smallest penalty or penalties incurred as
aforesaid, and also the reasonable expenses of the relief and sus-
tenance of such creatures, together with the pound-keeper's legal
fees, the said committee or persons impounding said creatures
may proceed to sell them at public auction, first giving notice of
the time and place of sale, by posting up a written notification
thereof in three public places in Provincetown, forty-eight hours
at least before such sale ; and, after deducting from the proceeds
of any such sale the aforesaid penalties, expenses and fees, and
also the costs of such sale, the surplus, if any, shall be paid to
the owner or owners of the creatures so sold, if he or they shall
demand the same within one year after the sale, otherwise it shall
be paid itito the treasury of the town of Provincetown, for the
use of said town.

Sect. 3. Be it further enacted, That the first and fifth sec-
tions of the act to which this is in addition, be, and the same are
hereby repealed, saving, however, any rights already acquired,
and any remedies already adopted under the act aforesaid. [^Jlpril
7, 1835.]

An Act in fuither addition to an Act establishing 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 school committee of the city of Boston shall
consist of the mayor of said city, of the president of the common
council of said city, and of twenty-four other persons, two of
whom shall be chosen in each ward of said city, and who shall
be inhabitants of the wards in which they are chosen ; said twen-
ty-four members to be chosen by the inhabitants, at their annual
election of municipal officers.

Sect. 2. Be it further enacted, That so much of the act to
which this is an addition, as is inconsistent with the provisions of

1835. Chap. 128—131. 667

this act, is hereby repealed : provided, however, that the present Proviso,
school committee of said city shall continue in office, until a new
committee shall be chosen under the provisions of this act.

Sect. 3. Be it further enacted, That this act shall be void, j^°"fj^'°" "*"
unless it shall be adopted by ballot by the inhabitants of said city
of Boston, qualified to vote in city affairs, at a legal meeting of
said inhabitants called for that purpose, and held in their respec-
tive wards, within thirty days from the passing hereof, [^pril
7, 1835.]

An Act to establish the Taunton Branch Rail-road Corporation. CflCtT) 131.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That William A. Crocker, Charles Richmond, Sam- Persons incor-
uel L. Crocker and Daniel Brewer, their associates, successors P°'*^
and assigns, be, and they hereby are made a corporation, by the
name of the " Taunton Branch Rail-road Corporation," with all
the powers and privileges, and subject to all the liabilities, pre- Powers and
scribed in the statute of eighteen hundred and thirty-three, chap- '^""^^•
ter eighty-three, entitled "an act concerning corporations," and 1833 ch. 83.
in the statute of one thousand eight hundred and thirty-three,
chapter one hundred and eighty-seven, entitled " an act for de- 1833 ch. 187.
fining the rights and duties of rail-road corporations in certain
cases," except the seventh section thereof, and the said corpo-
ration are hereby authorized and empowered to locate and con-
struct a rail-road from Taunton, in the county of Bristol, to
Mansfield, in said county, and at Mansfield to form a junction
with the Boston and Providence rail-road ; the proposed road Course of the
commencing and pursuing the course following, viz : beginning ^°^ '
at station number eleven hundred and seventy-one, on said Bos-
ton and Providence rail-road in Mansfield, near the dwelling-house
of widow Williams, thence turning towards the east by a curve
of eleven hundred and twenty-six feet radius, for twelve hundred
and fifty feet, thence running in a straight line to Taunton, pass-
ing on the way, about six hundred and fifty feet east of Mansfield
meeting-house, about one and one eighth of a mile east of Norton
meeting-house, and so continuing in a direct line to the lot in
Taunton opposite N. R. Shaw's store, which is about twenty-one
hundred feet from " Taunton Green :" provided, however, that Proviso,
the said corporation, if they so elect, shall have the right of lo-
cating and constructing said rail-road, or any part thereof, at a
distance not exceeding three hundred feet westerly of the above
described line, the consent of the selectmen of the towns through
which said rail-road shall pass, and the consent of the owners of
the lands over which the same shall pass, being first obtained ;
and may join the Boston and Providence rail-road, at the western
proposed depot thereof in said Mansfield, the consent of the se-
lectmen of Mansfield, and the consent of the owners of the lands
over which the said rail-road would then pass, being first obtained.
And the said corporation are authorized to lay out their road not
exceeding five rods wide through the whole extent.

558

1835.-

■Chap. 131.

Capital stock.
[Capital in-
creased, 1836
eh. 281 : 1837
ch. 17.]

Powers of the
president and
directors. ;

Assessments,
&c.

Proviso.

Tolls, &c.

Legislature
may alter the
rate of tolls.

Sect. 2. Be it further enacted, That the capital stock of
said corporation shall consist of fifteen hundred shares, of one
hundred dollars each, and 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.

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 purpose of locating and con-
structing said rail-road, and for the transportation of persons,
goods and merchandize, and all such other powers and authority,
for the management of the affairs of the corporation, not hereto-
fore granted, as may be necessary and proper to carry into effect
the objects of this grant, to purchase and hold lands, materials,
engines, cars and other necessary things, in the name of the cor-
poration, for tlie 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 necessary, 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 or
stockholder 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 subscriber or stockholder sliall be held accounta-
ble to the corporation for the balance, if his share or shares shall
sell for less than the assessment due, with interest, and the costs
of sale ; and after paying the same, shall be entitled to the over-
plus, if any remain : provided, 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 a toll be, and is hereby
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 as may
be established, from time to time, by the directors of said corpo-
ration. And the transportation of persons and property, the con-
struction 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 or persons,
corporation or corporations, who shall comply with such rules
and regulations : provided, however, that if, at the expiration of
ten years from and after the time of the completion of said road,
the net income or receipts from tolls and other profits, taking the
ten years aforesaid for the basis of calculation, shall have a-
mounted to more than ten per cent, per annum upon the capital
stock paid in, the legislature may take measures to alter and re-

1835. Chap. 131. 669

duce 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 in the ten next
preceding years, and at the expiration of every ten years there-
after, 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 cent, per annum upon the
capital stock paid, as aforesaid, without the consent of said cor-
poration.

Sect. 5. Be it further enacted, That the directors of said Toll-houses,
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.

Sect. 6. Be it further enacted, That when the lands or How land of
other property of any married woman, infant, or person under &c"may*be^"'
guardianship, shall be necessarily taken for the construction of taken,
said rail-road, the husband of such married woman, and the guar-
dian of such infant or other person, may release all damages for
any lands or estate, taken and appropriated as aforesaid, as they
might do, if the same were holden by them in their own right re-
spectively ; and the compensation received for damages to the
land or estate of such married woman shall be secured to her own
separate use.

Sect. 7. Be it further enacted, That if any person shall Penalty for
wilfully, maliciously or wantonly, and contrary to law, obstruct j^esl*^'""* '"•'"'
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 implement 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 such tres-
pass, shall forfeit and pay to said corporation, for every such of-
fence, 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 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 Offenders liable
or offenders shall be liable to indictment by the grand inquest for ^'ndictmem,
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 hun-
dred 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 convic-
tion may be had.

Sect. 8. Be it further enacted, That, at all meetings of Right of voting,
said corporation, each proprietor shall be entitled to as many votes
as he holds shares : provided, that no vote shall be given by any
proprietor by virtue of any shares held by him, exceeding one
tenth part of the whole number of shares.

660 1835. Chap. 131.

How rail-road Sect. 9. Be it further enacted, That if the said rail-road,
si'ructed ac°o '" ^^^^ course thereof, shall cross any private way, the said cor-
privaie or pub- poration shall SO construct said rail-road as not to obstruct the
he ways. ggj-g g^^j 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
said rail-road shall, in the course thereof, cross any highway, or
town way, the said rail-road shall be so constructed as not to im-
pede or obstruct the safe and convenient use of such highway or
Power to raise town way. And the said corporation shall have the power to
owerways. ^^jgg ^^ lower such highway, town way or private way, so that the
said rail-road may conveniently pass the same, and if the said cor-
poration shall raise or lower any such highway, town way, or pri-
vate way, and shall not so raise or lower the same as to be satis-
factory to the selectmen of the town in which said way may be
situate, said selectmen may require in writing of said corporation
such alteration or amendment as they may think necessary ; and
if the required alteration or amendment be reasonable and proper,
and the said corporation shall unnecessarily and unreasonably
neglect to make the same, if ordered so to do by the county
commissioners of the county of Bristol, and not otherwise, such
selectmen 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 there recover a reasonable indemnity
in damage for all charges, disbursements, labor and services, oc-
casioned by making such alteration or amendment, with costs
of suit.
When and how Sect. 10. Be it further enacted, That it shall be in the
Common- power of the eovernment of the Commonwealth, at any time

wealth may ' . . > j

purchase rail- during the continuance of the charter hereby granted, after twenty
''°^'^* years from the opening of said rail-road for use, to purchase of

the said corporation the said rail-road, and all the franchise, prop-
erty, rights and privileges of the said corporation, by paying
therefor such sum as will reimburse the said corporation for the
amount of capital paid in, with a net profit thereon of ten per
cent, per annum from the time of the payment thereof, by the
stockholders, to the time of such purchase, and no more ; and it
Corporation shall be the duty of the directors of said corporation, from year
pon'tM^h'e^iegL- ^° y^^*"' ^° niake a report to the legislature, under oath, of their
lature yearly, 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
Penalty for purpose ; and if such corporation shall imreasonably neglect or
neglect. 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 five thousand dollars, to be recovered by action or
indictment in any court of competent jurisdiction.

1835. Chap. 131. 661

Sect. 11. Be it further enacted, That, if the amount of Conditions of
stock of said rail-road shall not have been subscribed, the corpo- ^ '***^*'
ration organized, and the location of the road filed with the
county commissioners of the county in which the land proposed
to be taken for said rail-road is situate, previous to the first day
of January, in the year of our Lord one thousand eight hundred
and thirty-six, or if the said corporation shall fail to complete the
said road on or before the first day of March, in the year of our
Lord one thousand eight hundred and thirty-seven, this act shall
be null and void.

Sect. 12. Be it further enacted, That the said corporation Authorized to

, , I • 1 • 1 1 • •! 1 -I c enter B. and F.

are hereby authorized to enter with their rail-road on either ot rail-road,
such points of the Boston and Providence rail-road as is desig-
nated by the first section of this act, paying for the right to use
the same, or any part thereof, such a rate of toll as the Legisla-
ture may from time to time prescribe, complying with such rules
and regulations as may be established by said Boston and Provi-
dence Rail-road Corporation, by virtue of the fifth section of their
act of incorporation : provided, however, that it shall be the duty Duty of the cor-
of the corporation hereby created to enter the said Boston and spectTtu'rn-ouu
Providence rail-road by such proper turn-outs or switches, as <fcc.
will not unreasonably incommode the travel upon the said Boston
and Providence rail-road, and to leave them in such a state as
not to interfere with the free use of said road, and to pay all ex-
penses incident to, and in consequence of any alterations neces-
sary in said Boston and Providence rail-road to enable them to
enter upon it in a proper manner.

Sect. 13. Be it further enacted. That said corporation shall Bridges, &c.,
constantly maintain in good repair all bridges, with their abutments good repair?
and embankments, which they may construct, for the purpose of
conducting their rail-road over any canal, turnpike or other high-
way, 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 if the said Boston Boston and
and Providence Rail-road Corporation shall vote to locate, con- road'corp^may
struct and complete the rail-road herein described, and shall make locate and con-
a contract with the corporation hereby created, as herein after *''"°'^*"*'*'*^"
mentioned, then the powers and liabilities of the corporation
hereby created shall be transferred to the said Boston and Provi-
dence Rail-road Corporation : provided, that the said Boston and
Providence Rail-road Corporation shall, within sixty days from
and after the passage of this act, give written notice of such vote
to the corporation hereby created, and shall also, within thirty
days from the time of such notice, make a written contract with
the last named corporation, that the said Boston and Providence
Rail-road Corporation will, within one year from the date of said
contract, locate, construct and complete the said rail-road herein
described, [^pril 7, 1835.] Add. acts, 1836 ch. 281 : 1837
ch. 17.

VOL. VII. 71

562

1835.-

■Chap. 132.

Chap 132.

1792 ch. 13.
(v. 1 p. 382.)
ITD."* ch. 27.
(v. 2. p. 61.)
1797 ch. 6.
(v. 2. p. 164.)
1803 ch. 102.
(v. 3. p. 365.)

Rates of toll.

Width of tow
path.

Half toll.

Grants, &c.
confirmed.

Proviso.

Repeal.

An Act to regulate the Toll on Patucket Canal.

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 fol-
lowing rates of toll shall be allowed to the proprietors of the
locks and canals on Merrinaack river, for passing their locks, ca-
nals and passage ways at Patucket Falls : — on salt, lime, plaster,
bar iron, pig iron, iron castings, anthracite coal, stone and hay,
eight cents per ton of twenty-two hundred and forty pounds ; on
bituminous coal, twelve cents per chaldron of thirty-six bushe s;
on bricks, sixteen cents per thousand ; on manure, fifty cents per
boat load ; on oak timber, thirty-five cents per ton of forty cubic
feet ; on pine timber, twenty-five cents per ton of forty cubic feet ;
on spars, thirty cents per ton of forty cubic feet ; on pine plank
and boards, thirty cents per thousand, board measure ; on oak
plank and boards, sixty cents per thousand, board measure ; on
ash and other hard stuff, forty cents per thousand, board meas-
ure ; on posts and rails, fifteen cents per hundred ; on tree-nails,
thirty cents per thousand ; on hop poles, twenty cents per
thousand ; on hard wood, twenty cents per cord ; on pine wood,
sixteen cents per cord ; on bark, twenty cents per cord ; on
white oak pipe staves, one dollar per thousand ; on red oak pipe
staves, sixty-seven cents per thousand ; on white oak hogshead
staves, sixty cents per thousand ; on red oak hogshead staves,
forty cents per thousand ; on white oak barrel staves, thirty cents
per thousand ; on red oak barrel staves, twenty cents per thou-
sand ; on hogshead hoops, sixteen cents per thousand ; on barrel
hoops, twelve cents per thousand ; on hogshead hoop poles, thirty
cents per thousand ; on barrel hoop poles, twenty cents per thou-
sand ; on all articles of merchandize, not enumerated, ten cents
per ton of twenty-two hundred and forty pounds : provided, that
the rates of toll aforesaid shall be subject to the direction of the
legislature, after the expiration of ten years from the passing of
this act.

Sect. 2. Be it further enacted. That the said proprietors
shall construct and maintain a sufficient horse tow path, of not
less than ten feet wide, from the Suffolk or Western Canal, to
the bridge near the head of the Patucket Canal, and also two free
landing places, the one above, and the other below the swamp
locks, to be approved by the selectmen of the town of Lowell.

Sect. 3. Be it further enacted, That on all articles that
shall pass through one or more locks, not exceeding three, one
half of the above rales of toll shall be allowed, and no more.

Sect. 4. Be it further enacted, That all the grants, rights
and franchises now enjoyed by the said proprietors, and their do-
ings under the same, be, and they hereby are confirmed : pro-
vided, however, that nothing herein contained shall debar any
person or corporation, injuriously affected by the erection of the
dam at Patucket Falls, from maintaining their action at law or
suit in equity against said proprietors.

Sect. 5. Be it further enacted. That all acts heretofore

1835. Chap. 132—134. 56S

passed, regulating the tolls to be taken at Patucket, be, and the
same hereby are repealed. [April 7, 1835.]

An Act in addition to " An Act to establish the Andover and Wilmington Rail-road C^f/wl 34.
Corporation." -•

Sect. 1. BE it enacted by the Senate and House of Repre- 1334 ch! 175'.
sentatives^ in General Court assembled, and by the authority of
the same, That the Andover and Wilmington Rail-road Corpo- Corporation
ration are hereby authorized and empowered to construct and c™n'^°r^ct\nd*
complete a rail-road, from the south parish in Andover, to the complete a raU-
central village in Haverhill, or [on] either of the routes desig- """^ ' *^*^'
nated on the plan presented by the petitioners for said road, now [Name changed
on the files of the legislature ; the first of said routes at station fcntieTTsa?'
number one, on the road near the meeting-house of said parish, ch. 113.]
thence north forty-six degrees east, eight hundred feet, thence Location of the
north forty degrees east, one hundred feet, thence north thirty- "^^ '°^^'
one degrees thirty minutes east, one hundred feet, thence north
twenty-two degrees thirty minutes east, one hundred feet, thence
north twenty degrees east, twenty-one hundred feet, thence north
eighteen degrees east, thirty-two hundred feet, thence north ten
degrees east, one hundred feet, thence north two degrees east,
eight hundred feet, thence north five degrees west, twenty-two
hundred feet, thence north five degrees thirty minutes east, six-
teen hundred feet, thence north seven degrees thirty minutes
west, eighteen hundred feet, thence north thirteen degrees thirty
minutes west, twenty-four hundred feet, thence north eleven de-
grees thirty minutes west, eighteen hundred feet, thence north
thirty minutes west, one thousand feet, thence north four degrees
thirty minutes east, two hundred feet, thence north fourteen de-
grees thirty minutes east, one hundred feet, thence north twenty-
four degrees thirty minutes east, one hundred feet, thence north
thirty degrees thirty minutes east, thirteen hundred feet, thence
north thirty-seven degrees thirty minutes east, nine hundred feet,
thence north twenty-seven degrees thirty minutes east, one hun-
dred feet, thence north seventeen degrees thirty minutes east,
three hundred feet, thence north seven degrees thirty minutes
east, one hundred feet, thence north two degrees thirty minutes
east, two hundred feet, thence north two degrees thirty minutes
west, five hundred feet, thence north eight degrees thirty minutes
west, eight hundred feet, thence north seven degrees thirty minutes
west, two hundred feet, thence north five degrees thirty minutes
west, five hundred feet, thence north seven degrees thirty minutes
west, eight hundred feet, thence north nine degrees west, two
hundred feet, thence north eleven degrees west, five hundred
feet, thence north five degrees west, four hundred feet, thence
north one degree west, one hundred feet, thence north four de-
grees thirty minutes east, two hundred feet, thence north ten
degrees thirty minutes east, one hundred feet, thence north six-
teen degrees thirty minutes east, two hundred feet, thence north
twenty degrees thirty minutes east, two hundred feet, thence
north twenty-nine degrees thirty minutes east, two hundred feet,
thence north thirty-two degrees thirty minutes east, one hundred

664 1835. Chap. 134.

feet, thence north thirty-six degrees fifteen minutes east, nine
hundred feet, thence north thirty-nine degrees thirty minutes
east, thirteen hundred feet, thence north forty-four degrees east,
five hundred feet, thence north thirty-four degrees thirty minutes
east, three hundred feet, thence north thirty-one degrees thirty
minutes east, five hundred feet, thence north twenty-seven de-
grees thirty minutes east, two hundred feet, thence north twenty-
two degrees thirty minutes east, two hundred feet, thence north
twenty-nine degrees thirty minutes east, four hundred feet,
thence north thirty-nine degrees thirty minutes east, three hun-
dred feet, thence north forty-three degrees thirty minutes east,
fourteen hundred feet, thence north thirty-seven degrees thirty
minutes east, one hundred feet, thence north thirty-two degrees
thirty minutes east, four hundred feet, thence north twenty-nine
degrees thirty minutes east, eight hundred feet, thence north
thirty-five degrees thirty minutes east, four hundred feet, thence
north thirty-two degrees thirty minutes east, one hundred feet,
thence north thirty degrees thirty minutes east, two hundred feet,
thence north twenty-five degrees thirty minutes east, one hundred
feet, thence north seventeen degrees thirty minutes east, one
hundred feet, thence north nine degrees tl)irty minutes east, one
hundred feet, thence north thirty minutes west, one hundred feet,
thence north six degrees thirty minutes west, two hundred feet,
thence north three degrees thirty minutes west, six hundred feet,
thence north eight degrees thirty minutes west, six hundred feet,
thence north two degrees thirty minutes west, one hundred feet,
thence north seven degrees thirty minutes east, one hundred feet,
thence north seventeen degrees thirty minutes east, one hundred
feet, thence north twenty-seven degrees thirty minutes east, one
hundred feet, thence north thirty-seven degrees thirty minutes
east, five hundred feet, thence north forty-two degrees thirty
minutes east, one hundred feet, thence north fifty degrees thirty
minutes east, eleven hundred feet, thence north forty-five degrees
thirty minutes east, one hundred feet, thence north thirty-seven
degrees thirty minutes east, one hundred feet, thence north thirty
degrees thirty minutes east, one hundred feet, thence north
twenty-three degrees east, seventeen hundred feet, thence north
thirty-one degrees thirty minutes east, one hundred feet, thence
north thirty-nine degrees thirty minutes east, one hundred feet,
thence north forty-six degrees thirty minutes east, one hundred
feet, thence north fifty-one degrees thirty minutes east, eight
hundred feet, thence north forty-seven degrees thirty minutes
east, seven hundred feet, thence north forty-six degrees east,
thirteen hundred feet, thence north forty-two degrees thirty min-
utes east, six hundred feet, thence north forty-nine degrees thirty
minutes east, one hundred feet, thence north fifty-six degrees
thirty minutes east, four hundred feet, thence north fifty-eight
degrees thirty minutes east, three hundred feet, thence north
forty-eight degrees thirty minutes east, s^ven hundred feet,
thence north forty degrees east, two hundred feet, thence north
thirty-seven degrees thirty minutes east, seven hundred feet,

1835. Chap. 134. 565

thence north forty-two degrees thirty minutes east, five hundred
feet, thence north forty-six degrees thirty minutes east, five hun-
dred feet, thence north fifty-three degrees thirty minutes east,
eighteen hundred feet, thence north fifty-nine degrees east, two
hundred feet, thence north sixty-six degrees thirty minutes east,
seven hundred feet, thence north sixty-nine degrees east, one
hundred feet, thence north seventy-two degrees thirty minutes
east, twelve hundred and fifteen feet. The other route com- Direction of the
mencing at the same point, and taking a more easterly direction, o'^er route,
passing through the central point of the north parish in Andover,
and intersecting the first route at station two hundred and thirty,
on the bank of the Merrimack river, as designated on the plan
before referred to, with liberty to make such variations as may
be necessary and proper to form the requisite curves in said road,
and, on obtaining the consent of the owners of the land, and of
the selectmen of the towns through which said road passes, to
make such other variations in the line of said road, as may be
deemed necessary. And the said corporation are authorized to
lay out their road at least four rods wide through the whole length,
and as much wider as may be necessary to form the proper slopes
of the embankments and cuttings.

Sect. 2. Be it further enacted, That said rail-road corpo- Powers and du-
ration shall have all the powers and privileges, and be subject to *'^*-
all the duties, and the Commonwealth shall have all the rights, in
respect to the road hereby authorized to be made, which exist in
the act to which this act is in addition : provided^ however, said Proviso,
corporation shall not have authority to take land unless by con-
sent of the owner without the limits of the location of said road,
for the purpose of procuring materials for the construction of the
same. And all damages paid for lands belonging to any mar-
ried woman shall enure to her sole use. And it shall be in the Power of Com-
power of the Commonwealth, at any time during the continu- purchase road,
ance of the charter hereby granted, after the expiration of twenty &c.
years from the opening of the said road for use, to purchase of
the said corporation the said rail-road, and all the franchise, pro-
perty, rights and privileges of the said corporation, by paying
therefor such sum or sums as will reimburse the stockholders for
the capital stock paid in, with a net profit thereon of ten per
cent, per annum, from the time of the payment thereof by said
stockholders, to the time of such purchase, and no more.

Sect. 3. Be it further enacted. That, for the purpose of Corporation au-

. , , • I • 1 1 .1 • J Ihorized to in-

constructmg said road, said corporation are hereby autnorized, crease their ca-
and empowered, by vote of the stockholders, at a meeting spe- pitai stock, &c.
cially notified for the purpose, to increase their capital stock by
the creation of an additional number of shares to be assessed the
same amount as the shares which are already created by their act
of incorporation : provided, that the additional number of shares
so to be created shall not exceed two thousand, and the propri-
etors of the shares already created for the time being shall have
the option of subscribing to the said additional shares in propor-

566

1835.-

-Chap. 134—139.

Conditions of
this act.

Any other in-
corporated rail-
road may enter
upon this road.

Corporation
may file with
the county com-
missioners a
new location of
former road.

tion to the amount which they may hold respectively of the said
original shares.

Sect. 4. Be it further enacted, That, if the additional stock
granted by this act shall not have been subscribed, and the loca-
tion of the road hereby granted, filed with the county commis-
sioners for the county of Essex, previous to the first day of Feb-
ruary, in the year of our Lord eighteen hundred and thirty-seven,
or if said corporation shall fall to complete said rail-road by the
first day of December, in the year of our Lord eighteen hun-
dred and thirty-nine, in either case so much of this act as regards
the road hereby granted shall be null and void.

Sect. 5. Be it further enacted, That any rail-road com-
pany which may be incorporated, may be authorized to enter
with their rail-road at any point of the road hereby granted, pay-
ing for the right to use the same, or any part thereof, such rate
of toll, and complying with such rules and regulations, as may be
established by this corporation, by virtue of the fourth section of
the act to which this is in addition.

Sect. 6. Be it further enacted, That said corporation are
hereby authorized to file with the county commissioners for the
counties within which the land proposed to be taken is situate, a
new location of such parts of the road granted by the act to which
this [is] in addition as they may deem necessary : provided, the
same be done with the consent of the selectmen of the towns in
which the land proposed to be taken is situate before the first day
of January next : and provided, also, that if said corporation shall
file a new location, it shall not be lawful for said corporation to
take stone, gravel or other materials for the construction of said
road without the limits of the lines of their road location, unless
by the consent of the owner of such land or materials ; and the
said corporation shall be allowed the further time of two years
from the first day of January, in the year of our Lord one thou-
sand eight hundred and thirty-six, to complete said road.
[^pril 7, 1835.] Add. acts, 1837 ch. 113. 188.

Chap 1 37. ^" ^^"^ '° repeal "An Act to regulate the taking of Fish in Connecticut River."

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That a statute of the year one thousand eight hundred and twelve,
chapter one hundred and three, entitled "an act to regulate the
taking of fish in Connecticut river," be, and the same is hereby
repealed. [Jpril 8, 1835.]

Chap 1 39. ^" ^^■^ ^°'^ '^^ '"'■^he'" regulation of the erection of Wooden Buildings in the city of

1817 ch. 171.

1821 ch. 26.31.

1822 ch. 16.
1826 ch. 144.
1829 ch. 34.

Further time
allowed for
completing
road.

Act repealed.
1812 ch. 103.

Height of wood-
en buildings.

Dimensions.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That, from and after the passing of this act, no wooden
building of more than sixteen feet in height, from the ground or
foundation thereof, shall be erected in the said city of Boston,
except under the following limitations and restrictions, namely :
the dimensions of such building, on the ground, not to exceed

1835. Chap. 139. 667

twenty-five feet by fifty feet ; or, being in any other proportion,
not to cover more than twelve hundred and fifty superficial feet
of land ; the walls not to exceed twenty feet in height from the
under side of the sills, which sills may be three feet six inches
above the level of the street, to the eaves of the roof ; the roof
in the highest point thereof not to rise more than thirty-two feet
from the under side of the sills aforesaid, and there shall be at
least one scuttle at or near the highest point of said roof.

Sect. 2. Be it further enacted, That, when two or more Partition walls
such two story buildings as are provided for in this act, shall be stone!^
erected in connexion, or within three feet of each other, or with-
in three feet of any other wooden building, more than sixteen
feet in height, there shall be an entire brick or stone wall between
them, commencing from the foundation of said wall, and carried
to the heiglit of twelve feet above the level of the street, at least
twelve inches in thickness, and the residue of said wall shall be at
least eight inches in thickness, and in case any openings are made
through said walls, the same shall be secured against fire by iron
doors applied to such openings : provided, that such brick or Proviso,
stone walls may be dispensed with by consent, in writing, of the
mayor and aldermen of the city of Boston, on what are commonly
called the neck lands, in said city : provided, also, that nothing
in this act shall in any way affect that part of the said city called
South Boston, or repeal any of the provisions of the existing law
relative to the erection of buildings in that place : and provided,
further, that that part of the said city of Boston, known by the
name of East Boston, shall be entitled to the same rights and
privileges as to tiie erection of wooden buildings, which now be-
long to that part of said city called South Boston.

Sect. 3. Be it further enacted. That, if any person or per- Penalty for vio-
sons shall violate the provisions of this act, such person or per-
sons, on conviction thereof in any court competent to try the
same, shall forfeit and pay, for every such offence, a sum not less
than fifty, nor more than five hundred dollars, and shall be liable
to a like prosecution and penalty for each and every year after
such conviction, until such building or buildings, erected con-
trary to the provisions aforesaid, shall be removed, or made to
conform thereto ; and the said penalties and forfeitures incurred
by virtue of this act may be recovered by indictment, to the use
of the city of Boston, or by an action of debt in any court com-
petent to try the same, one half to the use of the person or per-
sons who shall sue therefor, and the residue to the use of the said
city.

Sect. 4. Be it further enacted. That it shall be the duty of Engineersto
the board of engineers of the said city, to cause suits to be com- foTvk.^at'ionT'of
menced without delay against each and all who shall violate the this act.
provisions of this act, and to prosecute the same to final judg-
ment.

Sect. 5. Be it further enacted. That all acts and parts of Repeal.
acts respecting the erection of wooden buildings in the city of
Boston, excepting such only as relate in any way to brick or
stone buildings, be, and the same are hereby repealed.

lation of this
act.

668

1835.-

-Chap. 139—142.

Act, when to
take effect.

ChapU2.

Change of
names.

Suffolk.

Sect. 6. Be it further enacted. That this act shall not take
effect until the same shall have been approved by the citizens of
said city, at a legal meeting thereof duly convened for that pur-
pose, within sixty days from the passage of this act. [April 8,
1835.]

An Act to change the names of persons therein mentioned.

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 Chase, of Boston, may take the name
of Stephen Chase Bent ; that Julia Ann Chase, wife of said Ste-
phen Chase, may take the name of Julia Chase Bent ; that Fred-
erick Wentworth, of Boston, may take the name of Frederick
Augustus Wentworth ; that Epafhias Kibby Brodhead, of Bos-
ton, may take the name of George Hatnilton Brodhead ; that
Benjamin Callender, of Boston, may lake the name of Benjamin
Franklin Callender ; that John Chandler, of Boston, may take
the name of John Green Chandler ; that Godfrey Cady, of Bos-
ton, may take the name of William Godfrey Cady ; that James
Leach, Jr., of Boston, may take the name of James L. Dun-
can ; that Jeremiah Fenno Holden, of Boston, may take the
name of Edward Holden ; that Simon Rowland Hart, of Bos-
ton, may take the name of Rowland St. Victor ; that Philip
Page, of Boston, may take the name of Philip Sidney Page ;
that Edward Augustus Hay man Rogers, of Boston, may take
the name of Edward Hayman Rogers ; that John Boies Broad-
ers, of Boston, may take the name of John Dudley Richards ;
that James Smith, of Boston, may take the name of James
Wiggin Smith ; that Lydia Sprague, daughter of Samuel
Sprague, of Boston, may take the name of Mary Chadwick
Sprague ; that Benaiah Spaulding, of Boston, may take the
name of Benaiah Prescott Spaulding ; that Fonzo White, of
Boston, may take the name of William Fonzo White ; that Al-
exander Mair, of Boston, may take the name of Alexander Mair
Williams ; that George Washington Gorton, of Boston, may
take the name of George Washington Gorton Williams ; that
Samuel Whiting, of Boston, may take the name of Samuel
Greenwood Whiting ; that Elisha E. Wellman, of Boston, may
take the name of Samuel Ellenwood Wellman ; and that his
adopted daughter Sarah Jane Hamilton, may take the name of
Sarah Ann Wellman ; that Lyman Gaschall Reed, of Boston,
minor son of Thomas and Hannah Reed, may take the name of
Elisha Smith Reed ; that Isabella Parker, a minor, daughter of
Isaac Parker, of Boston, may take the name of Isabella Graham
Parker ; and that Henry Parker, a minor son of said Isaac Par-
ker, may take the name of Henry Melville Parker ; that Hart-
ford Olney Claflin, of Boston, may take the name of Henry
Claflin ; that John Holker Welch, a minor son of Francis
Welch, of Boston, may take the name of Edward Holker Welch ;
that John Boyd Wallace, of Boston, a minor, -may take the name
of John Wallace Boyd ; that Alfred Bertenshaw, of Boston,

1836. Chap. 142. 669

may take the name of Alfred B. Shaw ; that Abigail Howe, of
Boston, a minor, may take the name of Abigail Howe Amee ;
that Lewis Wilder, of Boston, may take the name of Charles
Lewis Wilder ; that Abigail, daughter of Thomas Jackson, of
Boston, may take the name of Abigail Callender Jackson ; that
James Adams, Jr., of Boston, may take the name of James
Bartlett Adams ; that Thomas Bird Murphey may take the name
of Thomas Murphey Bird ; that Henry Snook, of Boston, may
take the name of Henry Snook Bacon ; that William Eaton, of
Boston, a minor, may take the name of William Storer Eaton ;
that James Harris, of Boston, a minor, may take the name of
James Watson Harris ; that Lars Olsson, of Boston, may take
the name of Lewis Olsson ; that Isaac WharfT Smith may take
the name of Isaac William Smith : all of the county of Suffolk.

That John Felt, of Salem, may take the name of John G. Essex.
Felt ; that Jonas Loskey, of Salem, may take the name of
George Loskey ; that Jonathan Archer Ropes, of Salem, may
take the name of Archer Ropes ; that Royal Augustus Averell,
of Middleton, may take the name of Albert Augustus Averell;
that Samuel Christopher Kilby White, of Middleton, may take
the name of Henry Mansfield ; that Daniel Augustus Rogers, of
Gloucester, minor son of Betsey Rogers, may take the name of
Daniel Webster Rogers ; that William Pool, Jr., of Gloucester,
son of the late William Pool, of Hallowell, state of Maine, may
take the name of William Grover Pool ; that Deborah Lambert
Bridges, of Rowley, may take the name of Deborah Hubbard
Bridges ; that Charles Wilkins, of Salem, may take the name of
Charles Frederick Wilkins ; that Willard Harding, Jr., of Lynn,
may take the name of Willard Mason Harding ; that George
Creasey, of Rowley, may take the name of George W. Crea-
sey ; that Owen Eaton, of Andover, may take the name of
Franklin Howard Eaton ; that Daniel Hale Jaques, minor son of
William Jaques, late of Newbury, deceased, may take the name
of William Jaques ; that Andrew Standley, third, of Beverly,
may take the name of Andrew Warren Standley ; that Mary
Lindsey, of Salem, may take the name of Mary Lindsey Put-
nam ; that Joshua Eliphalet Hills, of Newburyport, may take
the name of Eliphalet Hills ; that John Patten Sargent, of
Amesbury, may take the name of Porter Sargent : all of the
county of Essex.

That Ezekiel Lysander Bascom Lamb, of Framingham, may Middlesex,
take the name of Lysander Wheelock ; that Andrew Munroe,
Jr., of Reading, may take the name of Andrew Brigham ; that
Jeremiah Paine, of Reading, may take the name of Jeremiah
Putnam ; that Cheney Allen, of Woburn, may take the name of
George Cheney Allen ; that Samuel H. Newell, of Cambridge,
may take the name of John Stark ; that Joshua Barrett, of
Westford, a minor, may take the name of Joshua Payson Bar-
rett ; that Edward Woodcock, of Groton, may take the name of
Charles Edwards Weston ; that David Woodcock, of Groton,
may take the name of David Brainard Weston ; that Washington

VOL. VII. 72

670 1835. Chap. 142.

Woodcock, of Groton, may take the name of George Washing-
ton Weston ; that Charles Ensworth, of Cambridge, may take
the name of Charles Ward Tracy ; that Joel Newton Onthank,
of Weston, may take the name of Joel Newton ; that Edward
Rogers and Edmund Rogers, of Groton, minors, sons of Willard
Rogers, may severally take the names of Edward Rogers Blood
and Edmund Rogers Blood ; that Josiah Rider, of Lowell, may
take the name of Josiah Lawrence ; that Robert L. Eells and
Louisa H. Eells, of Medford, may severally take the name of
Robert L. Ells and Louisa H. Ells ; that Mary Holden, of
Waltham, may take the name of Mary Raymond Motley ; that
George Washington Falconer, of Newton, a minor, may take
the name of Samuel Adlam ; that Olive Bean, of Holliston, may
take the name of Elizabeth Olive New ; that Augustus Grossman,
of Cambridge, a minor, may take the name of Augustus Sted-
man ; that John Williams, of Framingham, a minor, may take
the name of John Williams Turner ; that Susan Rebecca Dame,
of Medford, may take the name of Susan Rebecca Steel : all of
the county of Middlesex.
Worcester. That David B. Rider, of Hubbardston, may take the name

of David B. Makepeace ; that Harriet F. Thompson, of Hub-
bardston, may take the name of Harriet F. Phelps ; that Metcalf
C. Hardy, of Worcester, may take the name of William Seth
Hardy ; that Samuel Hardy, of Worcester, may take the name
of Samuel Henderson Hardy ; that Zacbarius Reed, of Warren,
may take the name of Alden Reed ; that Timothy S. Rice, of
Leominster, may take the name of George Kendall ; that Law-
yer Stanford, of Milford, may take the name of Joel L. Stan-
ford ; that Otis Sanford Billings, of Sutton, may take the name
of Lysander Woodburn Henderson ; that Nicholas Cowper
Moore, of Princeton, may take the name of Humphrey Moore ;
that Minerva Morse, of Southbridge, may take the name of Oscar
Plimpton Morse ; that Ivory Stackpole, of Athol, a minor, may
take the name of William Ebenezer Kelton Fowle ; that Samuel
Fiske, Jr., of Southbridge, a minor, may take the name of Sam-
uel Lynn Fiske ; that Eunice Cronch, of Bolton, may take the
name of Eunice Nelson ; that Leander Loring Ball, of Prince-
ton, may take the name of Leander Loring ; that Luther L.
Lackey, of Princeton, may take the name of Lurestan Chanve-
lin ; that Cyril Flint, of Barre, may take the name of Francis
Allen, and that Mary, his wife, as also their three children, mi-
nors, namely, John, Georgiana and Moriah, may severally take
the surname of Allen ; that Eliza Earl, of Hardwick, may take
the name of Mary Eliza Earl ; that Martha Houghton, of Bolton,
may take the name of Martha Stearns Houghton ; that Mary
Gardner, of Bolton, may take the name of Mary Louisa Gard-
ner ; that Betsey Osborn, of Bolton, may take the name of
Elizabeth Wyman Osborn ; that Miranda Wheelock, of Win-
chendon, may take the name of Miranda Elizabeth Wilder ; that
Henry Jackson Davis, of Grafton, may take the name of Henry
Davis ; that Bostic Penniman Greenlief, of Dudley, may take

1835. Chap. 142. 571

the name of Thomas Bostic Penniman : all of the county of
Worcester.

That Francis Witt, of South Hadley, may take the name of Hampshire,
Francis DeWitt ; that Lyman Nobles, Jr., of Northafnpton, may
take the name of Cyrus D wight Nobles ; that John Northum,
Jr., of Greenwich, may take the name of John Willcox Nor-
thum ; that Harriet Graves, of Hatfield, may take the name of
Harriet Cornelia Graves ; that Zilpha Nutting, of Leverett, may
take the name of Jane Celeste Nutting ; thatOrrin Blush Smith,
of Middlefield, a minor, may take the name of Charles Smith ;
that Oliver Smith, of Middlefield, a minor, may take the name
of Milton Smith ; that Consider Scott, of Hatfield, may take the
name of Consider Williams Scott ; that Elijah Brass, of South-
ampton, may take the name of Elijah Brass Emerson ; that Asa-
hel Salmon Abels, of Northampton, may take the name of Asa-
hel Salmon Abell ; that James Stebbins, of Ware, a minor, may
take the name of James Dexter Eddy ; all of the county of
Hampshire.

That David Needham, 2d., of Wales, may take the name of Hampden.
David Besse Needham ; that Harriet Tillotson, of Granville, a
minor, may take the name of Harriet Seymour ; both of the
county of Hampden.

That Julia Wait, of Whately, may take the name of Julia An- Franklin,
geline Wait ; that Seth Washburn Willard, of Greenfield, a mi-
nor, may take the name of Washburn Willard Graves ; that
Lucy Maria Whitney, of Warwick, may take the name of Lucy
Whitney Pierce ; that Esbon Elnathan Williams, of Wendell,
a minor, may take the name of William Claggett Johnson ; all of
the county of Franklin.

That Mercy Turner, of Clarksburg, may take the name of Berkshire.
Mercy Shipping ; that Diana Huntington, of Becket, may take
the name of Frances Diana Huntington ; that George Turner, of
Stockbridge, a minor, may take the name of George Nash Tur-
ner ; that Douglass Turner, of Stockbridge, may take the name
of Douglass Kellogg Turner ; all of the county of Berkshire.

That Volley Swain Death, of Walpole, may take the name of Norfolk.
Samuel Dickinson ; that Aaron Stetson, of Quincy, may take
the name of Jatnes Aaron Stetson ; that Francis Antignola, of
Weymouth, may take the name of Francis Hamilton ; that Bath-
sheba H. Balch, of Medfield, may take the name of Ellen B. H.
Balch ; that Abigail Riley, of Dorchester, may take the name of
Abigail Bartlett Ordvvay ; and that her infant daughter, Sarah
Hale Riley, may take the name of Sarah Hale Ordway ; all of
the county of Norfolk.

That Theodore Augustus Bigelow, of Taunton, a minor, may Bristol,
take the name of Theodore Stanwood Bigelow ; that Greenleaf
Orin Norice Bliss, of Seekonk, may take the name of Orin Nor-
ice Bliss ; that William GifFord, of Dartmouth, may take the
name of William Sisson GifFord ; all of the county of Bristol.

That Prince William Snow, of Nantucket, a minor may take the Nantucket.
name of Aaron Prince Snow : and the several persons herein men-

572

1835.-

Chap. 142—155.

Chapl5\,

Jurisdiction of
Straitsmouth
Island granted
to U. S.

Proviso.

Persons dwell-
ing upon said
land to lie
deemed inhabi-
tants of Glou-
cester.

Chap 155.

18-27 ch. 127.

1832 ch. 170.

1833 ch. 219.
183tch. 131.
Act continued
in force.
1833 ch. 219.

Disposition of
tolls already
collected.

Boston and
Charlestown
may make the
bridge free, by
giving bonds,
&c.

tioned are hereby authorized to take, and hereafter be known by
the respective names which by this act they severally are author-
ized to assume. [»^pril 8, 1835.]

An Act to cede to the United States the jurisdiction over Straitsmouth Island.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That the jurisdiction over Straitsmouth Island, near the eastern
point of Cape Ann, in this Commonwealth, be, and hereby is
granted to the United States of America, for the sole purpose of
erecting and maintaining a light-house on the same : provided,
that this Commonwealth shall retain, and hereby does retain,
concurrent jurisdiction with the United Slates, in and over said
land, so far as that all civil and criminal processes issued under the
authority of this Commonwealth, or any officer thereof, may be
executed on any part of said island, or in any building which may
be erected thereon, in the same way and manner, as if jurisdic-
tion had not been granted as aforesaid : and provided, also, that
all persons who shall dwell upon said tract of land, shall be
deemed and taken to be inhabitants of the town of Gloucester, in
this Commonwealth, and shall there do the same duties, and have
and enjoy the same privileges, as other inhabitants of said town,
saving that the keeper of said light-house shall not be liable to
serve as a juror, or to perform military duty. [^April 8, 1835.]

An Act to continue in force " An Act concerning Warren Bridge."

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same, That " an act concerning Warren Bridge," passed
March twenty-eighth, in the year one thousand eight hundred and
thirty-three, be, and the same shall hereby remain in full force
and operation, until the first Wednesday of March, in the year
of our Lord one thousand eight hundred and thirty-six. Pro-
vided, hoicever, that the tolls already collected, and such as may
be hereafter collected, shall be exclusively appropriated to the
repairs and maintenance of said bridge, and other purposes relat-
ing thereto, and to the payment of all such sums of money as
may be recovered by the proprietors of Charles River Bridge,
in any suit in law or equity, now pending or hereafter to be insti-
tuted, on account of the building, continuing, or making free of
toll the Warren Bridge.

Sect. 2. Be it further enacted, That, if the city of Boston
and the town of Charlestown shall, on or before the expiration of
this act, give a bond to the treasurer of the Commonwealth, to
be approved by the governor and council, and with the condition
that the obligors therein shall and will forever perform all the du-
ties imposed upon the Warren Bridge Corporation, by the third
section of the act establishing the same, and shall also indemnify
and save harmless the Commonwealth and the said Warren Bridge
Corporation, from all damages, expenses and-costs, already arisen
or to arise from the suit now pending in the supreme court of
the United States, between the proprietors of the Charles River

1836. Chap. 1—2. 573

Bridge and John Skinner and others, and the final decree or
judgment thereon, and shall also pay the proprietors of Charles
River Bridge such sum in damages as may in any suit be recov-
ered by them, for or on account of the building, using or contin-
uing the said VVarren Bridge, or making the same free of toll,
then this act shall cease, the said Warren Bridge shall become a
public highway, and the money in the treasury, received from
the tolls of said bridge, shall be paid to the said obligors : pro- Proviso.
tided, however, that if the condition of the bond mentioned in this
section shall be broken, to the injury of any person, the same
proceedings shall be had therein, and in the same manner, as are
provided by law in the case of the forfeiture of the official bonds
of sheriffs : and provided, further, that if the present directors of
said Warren Bridge shall not, on the day nest after the last day
of the session of this general court, give a bond to the treasurer
of this Commonwealth, conditioned to do and perform the same
services and duties as are required in and by the proviso in the
sixth section of the act to which this is in addition, until the bond
provided for in this act shall be given, then the third and fourth
sections, and so much of the first section of the act to which this
is in addition, as relates to the collection of toll, shall be in full
force.

Sect. 3. Be it further enacted, That the city of Boston Boston and
and the town of Charlestown may give the bond mentioned in Chariesto^-n

, 1-11 t • "'^^' ?'^'^ bond,

the second section, and may, by a tax, assessment or otherwise, and raise money
raise money to defray the expense of performing the condition ^° defray the
thereof. [.Yov. 4, IS.iS.] See resolve, April 16, 1836. ^

An Act lo incorporate Jlount Holyoke Female Seminary. /~^hnn 1

BE it enacted by the Senate and House of Representatives, in "'

General Court assembled, and by the authority of the same,
That William Bowdoin, John Todd, Joseph D. Condit, David Persons incor-
Choate and Samuel Willision, their associates and successors, ported,
be, and are hereby incorporated, by the name of the Trustees of
Mount Holvoke Female Seminary, to be established in South
Hadley, in the county of Hampshire, with the powers and privi- Powers and
leges, and subject to the duties and liabilities, provided in chap- <^"''^5-
ter forty-fourth of the Revised Statutes, passed November fourth, R. S. ch. 44.
in the year one thousand eight hundred and thirty-five, and with
power to hold real and personal estate, not exceeding in value Real and per- _
one hundred thousand dollars, to be devoted exclusively to the ^°°^ estate,
purposes of education. \_Feh. 11, 1836.]

An Act to extend the time for pacing in the Capital Stock of the North American In- r^hrftt 9
surance Company. l^HUJJ. £,.

BE it enacted by the Senate and Home of Representatives, in ^^^ '^^- ^^^■
General Court assembled, and by the authority of the same,
That the time wherein the capital stock of the North American Time estended.
Insurance Company is by law required to be paid in, is hereby
extended unto the thirtieth day of January, in the year of our
Lord one thousand eight hundred and thirty-seven. l_Feb. 11,
1836.]

574

1836.-

■Chap. 3—5.

Chap. 3.

Persons incor-
porated.

Powers and
duties.

R. S. ch. 41.

Real and per-
sonal estate.

Chap. 5.

Petitions, &c.,
returnable at
Worcester in
Februarj', and
at Barre in Jan-
uary, made re-
turnable at
Worcester on
the first Tues-
day in March.

Publication of
this act.

An Act to incorporate the Essex County Natural History Society.

BE it enacted by the Senate and House of Representatives^
in General Court assembled, and by the authority of the same,
That Andrew Nichols, William Oakes and William Prescott,
and their associates, are hereby made a corporation, by the name
of the Essex County Natural History Society, for the purpose
of promoting the science of natural history, with all the powers
and privileges, and subject to all the liabilities, contained in the
forty-fourth chapter of the Revised Statutes of this Common-
wealth, •■' passed on the fourth day of November, in the year one
thousand eight hundred and thirty -five," and for the purpose
aforesaid may hold real estate to the amount of ten thousand dol-
lars, and personal estate, exclusive of the books, papers and ar-
ticles in the cabinet of said society, to the amount of twenty
thousand dollars. [Feb. 12, 1836.]

An Act relating to the Court of Probate for the county of Worcester.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That all petitions, complaints, motions, notices and
other matters and things which were to have been heard and de-
termined, or were made returnable to the court of probate, which
by law was to have been holden at Worcester, within and for the
county of Worcester, on the first Tuesday in February in the
present year ; and also all sucli petitions, complaints, mo-
tions, notices, and other matters and things which were to have
been heard and determined, or were made returnable to the court
of probate, which by law was to have been holden at Barre, in
said county, on the third Tuesday in January, in the present year,
shall be deemed to revive, continue, and be in full force, and
shall be returnable to and have day in, and be acted upon by the
said court of probate, at the regular term of said court which is to
be holden at said Worcester on the first Tuesday in March next,
in the same manner, and to the same effect as if said courts had been
regularly held, and the said petitions, complaints, motions, noti-
ces, and other matters and things had been continued to that day ;
and all parties, witnesses, and others who would have been held
to appear and attend at either of the said terms of said court, had
the same been regularly held as aforesaid, shall be holden to ap-
pear on said first Tuesday in March next, in the same manner,
and to the same effect as if the said courts had been regularly
held, and the matters returnable to and pending before the same
had been continued to said day.

Sect. 2. Be it further enacted, That this act shall be pub-
lished in the " Massachusetts Spy," " Worcester Palladium,"
and '•' Worcester Republican," three newspapers printed in said
Worcester, one or more times before the said first Tuesday in
March next. [Feb. 15, 1836.]

1836. Chap. 6—9. 575

An Act authorizing the Warren Insurance Company to increase its Capital Stock, f^hfin f\

BE it enacted by the Senate and House of Representatives, I835 oh. 71.
in General Court assembled, and by the authority of the same,
as follows :

Sect. 1. The Warren Insurance Company is hereby au- increase of cap-
thorlzed to increase its capital stock, by an addition thereto of an I'a' stock,
amount not exceeding one hundred thousand dollars, to be di-
vided into shares of one hundred dollars each, and to be collected
and paid, in such instalments, and under such provisions and pen-
alties, as the president and directors of the said company may
appoint.

Sect. 2. When the capital stock of said company paid in, Limitation of
shall amount to one hundred and fifty thousand dollars, the said "*'^*-
company may insure on any one risk, an amount not exceeding
ten per cent, of the capital so paid in.

Sect. 3. That said company may insure against losses by insurance
fire in the customary manner. agamstfire.

Sect. 4. The said company may purchase, hold, and con- Real estate.
vey any real estate, for the use of the said company, not exceeding
in value one fourth part of its capital stock. [Feb. 17, 1836.]

An Act authorizing the sale of the parsonage lands of the First Parish in Dorchester, f^hffn S

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That the deacons of the first parish in Dorchester, for the time Deacons au-
being, are hereby authorized and empowered to sell at public or thorizeci to sell
private sale, that certain parcel of land, with the buildings thereon, vTstproceeds.
situate in Dorchester, in the county of Norfolk, which was de-
vised to them by Sarah Preston, deceased, in trust for the use of
the pastors or ministers of said church, and to make and execute
a deed or deeds thereof to the purchaser or purchasers, and to
invest the proceeds thereof in such manner as the first parish in
said Dorchester may direct : provided, however, that the pro- Proviso,
ceeds of such sale, shall be so invested, that the income only,
and no part of the principal, shall be applied to the use of such
pastors or ministers for the time being, forever. [Feb. 20, 1836.]

An Act to incorporate the Infant .School Association, for the education of colored C^Iinrk Q
youth in the city of Boston. i-yiuqj. O.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same.
That Thomas Dalton, George Washington, Charles V. Caples, Persons incor-
their associates and successors, are hereby made a corporation, pof^ted.
by the name of " The Infant School Association for the educa-
tion of colored youth in the city of Boston," for the purpose of
receiving and educating children of color preparatory to their en-
tering higher schools, with all the powers and privileges, and sub- Powers and du-
ject to all the liabilities and requirements contained in the forty- "*^'*"
fourth chapter of the Revised Statutes, passed on the fourth day R. s. ch.44.
of November, eighteen hundred and thirty-five, with power also Real and per-
to hold real and personal estate to an amount not exceeding ten ^°"^' estate.

676 1836. Chap. 9—12.

thousand dollars, to be appropriated exclusively to the purposes
aforesaid. [Feb. 20, 1836.]

f^hnn 1 0 *^" -'^^^ '" incorporate the East Mansfield 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 John M. Hale and William Fisk, their asso-
porated. ciates, successors and assigns are hereby made a manufacturing

corporation by the name of the East Mansfield Manufacturing
Company, for the purpose of manufacturing cotton and wool in
the town of Mansfield, in the county of Bristol, and for this pur-
Powers and du- pose shall have all the powers and privileges, and be subject to all
'^'^*- the duties, restrictions and liabilities, set forth in the thirty-eighth

R. S. ch. 38. 44. and forty-fourth chapters of the Revised Statutes, passed Novem-
ber fourth in the year one thousand eight hundred and thirty-five.
Real and per- Sect. 2. Said Company may hold, for the purposes afore-
sonai estate. ggj^j^ j.ggj estate to the amount of fifteen thousand dollars, and
personal estate, to the amount of twenty thousand dollars. [Feb.
24, 1S36.J

C^hnn 11 •^" ^^'^ ^° incorporate the Ballard Vale 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 John Marland, Abraham J. Gould, and Mark H.
porated. Newman, their associates, successors and assigns, are hereby

made a manufacturing corporation, by the name of the Ballard
Vale Company, for the purpose of manufacturing cotton and wool-
len goods in the town of Andover, in the county of Essex, and
Powers and du- for this purpose, shall have all the powers and privileges, and
*'®*- be subject to all the duties, restrictions and liabilities, set forth in

R. S. ch. 38. 44. the thirty-eighth and forty-fourth chapters of the Revised Stat-
utes, passed on the fourth day of November, in the year one
thousand eight hundred and thirty-five.
Real and per- Sect. 2. The said corporation may hold, for the purposes ^
sonal estate. aforesaid, real estate to the amount of thirty-five thousand dollars,
and the whole capital stock of said corporation shall not exceed
the amount of sixty-four thousand dollars. [Feb. 25, 1836.]

f^hnn 1 '^ ^^ Act to incorporate the Cuba Mining Company.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :
Persons incor- Sect. 1. Daniel Brcwcr, Lemuel Williams, and Thomas
porated. B. Smith, their associates, successors and assigns, are hereby

made a corporation by the name of the Cuba Mining Company,
for the purpose of procuring and smelting copper ore, (said smelt-
ing to be carried on in the county of Bristol,) and for this pur-
Powers and pose shall have all the powers and privileges, and be subject to
duties. all the duties, restrictions and liabilities, set forth in the thirty-

R.S. ch. 38. 44. eighth and forty-fourth chapters of the Revised Statutes, passed
on the fourth day of November, in the year one thousand eight
hundred and thirty-five.

1836. Chap. 12—14. 577

Sect. 2. The said company may hold, for the purposes Real and per-
aforesaid, real estate, to the amount of one hundred thousand ^^n^' estate,
dollars, and the whole capital stock of said company, shall not
exceed the amount of five hundred thousand dollars. iFeb.
29, 1836.]

An Act to incorporate the Pacific Insurance Company. Ch(lTf» 13.

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

Sect. 1, William W. Parrott, Josiah Bradlee, George Hal- Persons incor-
let, their associates, successors and assigns, are hereby made a p^""**^*^*
corporation, by the name of the Pacific Insurance Company, to
be located in the city of Boston, for the purpose of making mar-
itime loans, and insurance against maritime losses, and losses by
fire, in the customary manner, with all the powers and privileges. Powers and du-
and subject to all the duties, restrictions and liabilities, contained *'^^'
in the thirty-seventh and forty-fourth chapters of the Revised R. S. ch. 37. 44.
Statutes, passed on the fourth day of November, in the year one
thousand eight hundred and thirty-five, for the term of twenty
years from the passing of this act.

Sect. 2. The said corporation may hold any estate, real or Real estate,
persona], for the use of said company : provided, that the real
estate shall not exceed the value of fifty thousand dollars, except-
ing such as may be taken for debt, or held as collateral security
for money due to said company.

Sect. 3. The capital stock of said company shall be two Capital stock,
hundred thousand dollars, and shall be divided into shares of one
hundred dollars each, and shall be collected and paid in, in such
instalments, and under such provisions and penalties, as the pres-
ident and directors of said company shall order and appoint.

Sect. 4. The said company shall be empowered to com- When to com-
mence their business when one hundred thousand dollars of said "nence business,

I , ,, , , . , . , . . . , and limitation of

stock shall have been paid in, being restricted to eight per centum risks.
on any one risk ; and whenever said stock shall be increased to
one hundred and fifty thousand dollars, ten per centum shall be
allowed to be taken on any one risk : provided, however, that the
whole amount of two hundred thousand dollars shall be paid in,
within two years from the passing of this act. [March 10, 1836.]

An Act to authorize the Lawrence Manufacturing Company to increase their Capital f^hfiii lA

BE it enacted by the Senate and House of Representatives, ^^^^ '^^' ^'
in General Court assembled, and by the authority of the same,
as follows :

The Lawrence Manufacturing Company are hereby authorized increase of cap-
to increase their capital stock, by the addition thereto of personal '*^''
property to the amount of three hundred thousand dollars, said
company to have all the powers and privileges, and to be subject Powers and
to all the duties and restrictions, and liabilities set forth in the *^"*'^s-
thirty-eighth and forty-fourth chapters of the Revised Statutes, R. S, ch. 38. 44.

VOL. VII. 73

678

1836.-

-Chap. 14—17.

passed on the fourth day of November, in the year one thousand
eight hundred and thirty-five. [March 11, 1836.]

An Act to incorporate " the Sedgwick Seminary for Young Ladies."

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

Samuel G. Goodrich, Charles W. Greene, Charles Hill, their
associates and successors, are hereby made a corporation, by the
name of "the Sedgwick Seminary for Young Ladies," to be
established at Jamaica Plain, in the town of Roxbury, in the
county of Norfolk, with all the powers and privileges, and subject
to all the duties and liabilities, contained in chapter forty-fourth
of the Revised Statutes of this Commonwealth, passed Novem-
ber fourth, in the year one thousand eight hundred and thirty-five ;
with power to hold real and personal estate, not exceeding in
value the sum of fifty thousand dollars, to be devoted exclusively
to the purposes of education. [March 11, 1836.]

An Act authorizing the County Commissioners of the county of Berkshire to grant
relief to the town of Washington in the construction of a county road.

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

The county commissioners for the county of Berkshire are
hereby authorized and empowered, if they see fit, to order and
direct that the whole expense, or any part thereof, of making
that part of a county road recently laid out on the petition of
Henry W. Bishop and others, which is within the town of
Washington, shall be paid out of the treasury of the county of
Berkshire, any law of this Commonwealth to the contrary not-
withstanding. [March 11, 1836.]

An Act in addition to an Act, entitled " An Act to incorporate the Boston Gas Light
Company."

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

Sect. 1. The Boston Gas Light Company are hereby au-
thorized to increase their capital stock, by an amount not exceed-
ing one hundred and seventy-five thousand dollars ; and to pur-
chase and hold real estate in the county of Suffolk, as part and
parcel of their capital, not exceeding one half of their whole
capital as provided in this act, and in the act to which this is in
addition.

Sect. 2. The Boston Gas Light Company shall be subject
to all the duties, restrictions and liabilities, and shall have all the
R.S. eh. 38.44. powers and privileges, set forth in the thirty-eighth and forty-
fourth chapters of the Revised Statutes, passed on the fourth
day of November, in the year one thousand eight hundred and
thirty-five. [March 11, 1836.] Add. act, 1837 ch. 74.

Chap. 15.

Persons incor-
porated.

Powers and
duties.

R. S. ch. 44.

Real and per-
sonal estate.

Chap. 16.

Expense of a
road in Wash-
ington may be
assessed on the
county.

Chap. 17.

1822 ch. 41.

Increase of
capital stock
and real estate.

Powers and
duties.

1836. Chap. 18—20. 679

An Act in addition to " An Act to incorporate the Congregational Society in the town (Jfinri T 8

of Norton into a distinct parish ; and also to incorporate a committee of the said r' *

society for certain purposes," passed on the fourth day of March, in the year of our 1782 ch. 49.
Lord one thousand seven hundred and eighty-three. (v. 1. p. 44.)

BE it enacted by the Senate and House of Representatives, IJ^g '^p ' lU )
in General Court assembled, and by the authority of the same,
as follows :

The annual interest of the fund belonging to the " Congrega- Appropriation
tional Parish in Norton " may be appropriated by the said parish fund.^*^*^' °
towards the support of their minister, and for supplying the said
parish with preaching, although the same may not be sufficient
for the support of a minister, any thing contained in the act to
which this is in addition notwithstanding. [March 11, 1S36.]

An Act to incorporate the Whittenton Mills. C^hcLTt 1 ^

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

Sect. 1. Samuel A. Eliot, Charles A. Mills and Edmund Persons incor-
Dwight, their associates, successors and assigns, are hereby made P"""^*®*^-
a manufacturing corporation, by the name of the Whittenton
Mills, for the purpose of manufacturing cotton goods in the town
of Taunton, in the county of Bristol ; and for this purpose shall Powers and
have all the powers and privileges, and be subject to all the du- '^"''^s-
ties, restrictions and liabilities, set forth in the thirty-eighth and R. s. ch. 38. 44.
forty-fourth chapters of the Revised Statutes, passed on the fourth
day of November, in the year one thousand eight hundred and
thirty-five.

Sect. 2. The said corporation may hold, for the purpose Real and per-
aforesaid, real estate to the amount of one hundred thousand dol- *°°^' estate,
lars, and personal estate to the amount of one hundred thousand
dollars. [March 11, 1836.]

An Act to incorporate the Perkins Mills. C^hnTl ^O

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

Sect. 1. Williasn Appleton, Augustus Thorndike and Hen- Persons incor-
ry Cabot, their associates, successors and assigns, are hereby poi'aied.
made a manufacturing corporation, by the name of the Perkins
Mills, for the purpose of manufacturing cotton goods in the town
of Springfield, in the county of Hampden, and for this purpose Powers and
shall have all the powers and privileges, and be subject to all the duties,
duties, liabilities and restrictions, set forth in the thirty-eighth and r. s.ch. 38.44.
forty-fourth chapters of the Revised Statutes, passed on the fourth
day of November, in the year one thousand eight hundred and
thirty-five.

Sect. 2. The said corporation may hold, for the purposes Real and per-
aforesaid, real estate not exceeding the amount of one hundred ^°°^' estate,
and twenty-five thousand dollars, and the whole capital stock of
said corporation shall not exceed the amount of four hundred and
fifty thousand dollars. [March 11, 1836.]

680 1836. Chap. 21—23.

ChCLT) 21 . ■'^" ^^^ '" f'^'"^^*''' addition to " An Act incorporating the Manufacturers' Mutual Fire
-I * * Insurance Company."

1836 ch. 119. J^^ ^^ enacted by the Senate and House of Representatives^ in

General Court assembled^ and by the authority of the same,
as follows :
Company niay The Manufacturers' Mutual Fire Insurance Company is here-
oT"(K)ds ^'"'^^ ^y ^ut^horized to insure, for a term not exceeding one year, upon
the same principles as those upon which they are now authorized
to insure manufacturing establishments, public buildings, public
hotels, stores, store-houses, and property therein, all descriptions
of goods, chattels and merchandize, and all buildings, except
dwelling-houses, not connected with manufacturing establish-
ments. [March 11, 1836.]

Chci7}» 22. •'^^ ^^"^ ^° incorporate the Newburyport Steam Cotton Company.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as jolloxvs :
Persons incor- Sect. 1. Enoch S. Williams, Samuel T. De Ford, and
porated. Richard Stone, their associates, successors and assigns, are

hereby made a manufacturing corporation, by the name of the
Newburyport Steam Cotton Company, for the purpose of manu-
facturing cotton in the town of Newburyport, in the county of
Powers and du- Essex ; and for this purpose shall have all the powers and privi-
*'®®- leges, and be subject to all the duties, restrictions and liabilities,

R. S. eh. 38. 44. set forth in the thirty-eighth and forty-fourth chapters of the Re-
vised Statutes, passed on the fourth day of November, in the
year one thousand eight hundred and thirty-five.
Real and per- Sect. 2. The said corporation may hold real estate for the
sonai estate. purposes aforesaid, to the amount of fifty thousand dollars, and
the whole capital stock of said corporation shall not exceed the
amount of two hundred thousand dollars. [March 11, 1836.]

ChcLT) 23. ^^ ^^"^ '° incorporate the Boston Harbor Ice and Tow Boat Company.

jBjE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :
Persons incor- Sect. 1. Scward Porter, and his associates, successors and
porated. assigns, are hereby made a corporation, by the name of the

Boston Harbor Ice and Tow Boat Company, for the purpose of
keeping open a passage into, and out of Boston harbor, for ships
and vessels, and preventing the same from being obstructed and
blocked up by ice, and of towing vessels into, and out of said
harbor, and the neighboring harbors, and from place to place
Powers and du- within the same, with all the powers and privileges, and subject
ties. to all the duties, restrictions and liabilities, set forth in the forty-

R. S. ch. 44. fourth chapter of the Revised Statutes, passed on the fourth day
of November, in the year one thousand eight hundred and thirty-
five.
Real and per- Sect. 2. Said corporation may hold, for the above purposes,
sonai estate. personal property to the amount of fifty thousand dollars, and
real estate to the amount of five thousand dollars, and this act

1836. Chap. 23—27. 581

shall continue in force for the term of twenty years. [March
12, 1836.]

An Act to incorporate the Thorndike Company. ChWD, 25

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

Sect. I. John S. Wright, Luther Parks, and Israel Thorn- Persons incor-
dike, their associates, successors and assigns, are hereby made a P°''^'^'*'
manufacturing corporation, by the name of the Thorndike Com-
pany, for the purpose of manufacturing cotton, woollen, and silk
goods, and machinery, in the town of Palmer, within the county
of Hampden ; and for this purpose shall have all the powers and Powers and du-
privileges, and be subject to all the duties, restrictions and liabil- *'®^"
ities set forth in the thirty-eighth and forty-fourth chapters of the R. S. ch. 38.44.
Revised Statutes, passed on the fourth day of November, in the
year one thousand eight hundred and thirty-five.

Sect. 2. The said company may hold, for the purposes Real estate and
aforesaid, real estate to the amount of two hundred and fifty *^^P"^' ^^°'^^-
thousand dollars, and the whole capital stock of said company
shall not exceed the amount of five hundred thousand dollars.
[March 14, 1836.]

An Act to incorporate the Dadntiun Manufacturing- Company. (^flCip, ^O.

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

Sect. 1. Josiah How, William Graham and Samuel Dad- Persons incor-
mun, their associates, successors and assigns, are hereby made a P"""^'® •
manufacturing corporation, by the name of the Dadmun Manu-
facturing Company, for the purpose of manufacturing woollen
goods in the town of Templeton, within the county of Worces-
ter ; and for this purpose shall have all the powers and privileges. Powers and du-
and be subject to all the duties, restrictions and liabilities set "®*'
forth in the thirty-eighth and forty-fourth chapters of the Revised R. S. ch.38. 44.
Statutes, passed on the fourth day of November, in the year one
thousand eight hundred and thirty-five.

Sect. 2. The said company may hold, for the purposes Real estate and
aforesaid, real estate to the amount of fifty thousand dollars, and ^^P"^' ^'°'^^'
the whole capital stock of said company shall not exceed the
amount of one hundred thousand dollars. [March 14, 1836.]

An Act to incorporate the Lanesborough Marble Company. Cflttf). 27.

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

Sect. 1. Algernon S. Hubbell, Abial Piatt, Henry Mead, Persons incor-
their associates, successors and assigns, are hereby made a cor- ^"'^ ^
poration, by the name of the Lanesborough Marble Company,
for the purpose of digging, sawing, working, and transporting
marble in the town of Lanesborough, within the county of Berk-
shire ; and for this purpose shall have all the powers and privi- Powers and
leges, and be subject to all the duties, restrictions and liabilities "''^^'

582

1836.-

■Chap. 27—29.

R. s, ch.38.44. set forth in the thirty-eighth and forty-fourth chapters of the Re-
vised Statutes, passed on the fourth day of November, in the
year one thousand eight hundred and thirty-five.

Sect. 2. The said company may hold, for the purposes
aforesaid, real estate to the amount of fifty thousand dollars, and
the whole capital stock of said company shall not exceed the
amount of one hundred thousand dollars. [March 14, 1836.]

Real estate and
capital stock.

Chap. 28.

Persons incor-
porated.

Powers and
duties.

R. S.ch.37.44.

Real estate.

Capital stock.

Chap. 29.

Persons incor-
porated.

Powers and du-
ties.

R. S. ch.38.44.

Real estate and
capital stock.

An Act to incorporate the Packet Insurance Company.

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

Sect. 1. Zenas D. Bassett, George Lovell, Matthew Cobb,
their associates and successors, are hereby made a corporation,
by the name of the Packet Insurance Company, to be located
in the city of Boston, for the purpose of making maritime loans,
and insurance against maritime losses and losses by fire, in the
customary manner, with all the privileges, and subject to all the
duties and obligations set forth in the thirty-seventh and forty-
fourth chapters of the Revised Statutes, passed on the fourth day
of November, in the year one thousand eight hundred and thirty-
five, for and during the term of twenty years after the passing of
this act.

Sect. 2. Said corporation may purchase, hold and convey
any estate, real or personal, for the use of said company : pro-
vided, that the real estate shall not exceed the value of fifty thou-
sand dollars, excepting such as may be taken for debt, or holden
as collateral security for money due to said company.

Sect. 3. The capital stock of said company shall be two
hundred thousand dollars, and shall be divided into shares of one
hundred dollars each, and shall be collected and paid in, in such
instalments, and under such provisions and penalties, as the pres-
ident and directors of said company shall order and appoint.
[March 14, 1836.] Add. act, 1837 ch. 8.

An Act to incorporate the Canton Hardware Company.

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

Sect. 1. Jonathan Robinson, Joseph H. Hay ward, Charles
Leighton, their associates, successors and assigns, are hereby
made a manufacturing corporation, by the name of the Canton
Hardware Company, for the purpose of manufacturing cutlery,
hardware, and malleable iron, in Canton, within the county of
Norfolk, and for this purpose, shall have all the powers and priv-
ileges, and be subject to all the duties, restrictions and liabilities, set
forth in the thirty-eighth and forty-fourth chapters of the Revised
Statutes, passed on the fourth day of November, in the year one
thousand eight hundred and thirty-five.

Sect. 2. The said company may hold,' for the purposes
aforesaid, real estate to the amount of sixty thousand dollars, and

1836. Chap. 29-— 32. 583

the whole capital stock of said company shall not exceed the
annount of two hundred thousand dollars. {JUarch 14, 1836.]

An Act to incorporate the Massachusetts Silk Company. /^hn QH

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

Sect. 1. Thomas G.Fessenden, George C. Barrett, and persons incor-
William H. Montague, their associates, successors and assigns, po^ated.
are hereby made a corporation, by the name of the Massachusetts
Silk Company, for the purpose of raising, reeling, throwing and
manufacturing silk in the town of Framingham, in the county of
Middlesex, and in the city of Boston, in the county of Suffolk,
and for these purposes, shall have all the powers and privileges. Powers and du-
and be subject to all the duties, restrictions and liabilities, set ^''^^■
forth in the thirty-eighth and forty-fourth chapters of the Revised r. s. ch. 38. 44,
Statutes, passed on the fourth day of November, in the year one
thousand eight hundred and thirty-five.

Sect. 2. The said company may hold, for the purposes Real estate and
aforesaid, real estate to the amount of fifty thousand dollars, and '^^P''^' *i°'='^-
the whole capital stock of said company shall not exceed the
amount of one hundred and fifty thousand dollars. [JVIarch 14,
1836.]

An Act relating to the Merchants Insurance Company in Boston. r^hn/n "? I

BE it enacted by the Senate and House of Representatives, jgig ch^*66.
in General Court assembled, and by the authority of the same, 1817 ch. 96.

asjollows: 1825 ch. 149.

Sect. 1. The Merchants Insurance Company in Boston are I833ch. 117.
hereby authorized to invest a sum not exceeding one third of the Real estate,
capital stock of said company, in real estate, in the county of
Suffolk.

Sect. 2. So much of the third section of the act of incorpo- Repeal.
ration of said company, passed on the fifth day of December, in
the year of our Lord one thousand eight hundred and sixteen, as
restricts the choice of directors to stockholders, who are not di-
rectors in any other company carrying on the business of insur-
ance, and also so much of the second section of the act in addi-
tion thereto, passed on the fourteenth day of March, in the year
of our Lord one thousand eight hundred and thirty-three, as pro-
vides that no person who is a director, shall, while in the exer-
cise of that office, subscribe any part of any stock, created under
said act, are hereby repealed. \_J\larch 16, 1836.]

An Act to incorporate the New England Silk Company. f^hfin S6^

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

Sect. 1. Jonathan H. Cobb, George Gay, and Lemuel Persons incor-
Blake, their associates, successors and assigns, are hereby made P"""^'^*^-
a manufacturing corporation, by the name of the New England
Silk Company, for the purpose of growing and manufacturing

584 1836. Chap. 32—34.

silk in the counties of Norfolk and Suffolk, and for this purpose
Powers and shall have all the powers and privileges, and be subject to all
duties. ^j^g duties, restrictions and liabilities, set forth in the thirty-eighth

R. s.ch.38.44. and forty-fourth chapters of the Revised Statutes, passed on the
fourth day of November, in the year eighteen hundred and thirty-
five.
Realestate and Sect. 2. The said corporation may hold, for the purposes
capital stock, gforesaid, real estate to the amount of fifty thousand dollars, and
the whole capital stock of said corporation shall not exceed the
amount of one hundred thousand dollars. [JMarch 16, 1836.]

ChCLU 33. An Act lo incorporate the Fratning'ham India Rubber Company.

BE it enacted by the Senate and House of Representatives.,
in General Court assembled, and by the authority of the same,
as follows :
Persons incor- Sect. 1. That Wm. K. Phipps, Dcxter Hemmenway, and
porate . Isaac Stevens, their associates, successors and assigns, are

hereby made a manufacturing corporation, by the name of the
Framingham India Rubber Company, for the purpose of manu-
facturing all articles consisting wholly or in part of india rubber,
in the town of Framingham, within the county of Middlesex, and
Powers and du- for this purpose shall have all the powers and privileges, and be
''^*' subject to all the duties, restrictions and liabilities, set forth in

R. S.ch.38.44. the thirty-eighth and forty-fourth chapters of the Revised Stat-
utes, passed on the fourth day of November, in the year one
thousand eight hundred and thirty-five.
Realestate and Sect. 2. The said Company may hold, for the purposes afore-
capiia stoc . ^^jj^ ^,^gj estate to the amount of twenty thousand dollars, and the
whole capital stock of said company shall not exceed the amount
of seventy thousand dollars. [March 16, 1836.]

Chfin 34 "'^" Act to incorporate the Van Deusenville Manufacturing Company.

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

Persons incor- Sect. 1. Washington Adams, Julius Dresser, and John M.

porated. Selcy, their associates, successors and assigns, are hereby made

a manufacturing corporation, by the nairie of the Yan Deusen-
ville Manufacturing Company, for the purpose of manufacturing
cotton and woollen goods in the town of Great Barrington, in the

Powers and county of Berkshire, and for this purpose shall have all the powers
and privileges, and be subject to all the duties, restrictions and lia-
bilities, set forth in the thirty-eighth and forty-fourth chapters of the
Revised Statutes, passed on the fourth day of November, in the
year one thousand eight hundred and thirty-five.

Real estate and Sect. 2. The said corporation may hold, for the purposes
aioresaid, real estate to the amount ot twenty thousand dollars,
and the whole capital stock of said corporation shall not exceed
the amount of fifty thousand dollars. [March 16, 1836.]

R. S.ch.38.44.

capital slock;

1836. Chap. 35—37. 585

An Act to incorporate the Water Power India Rubber Company. C^hfin S^

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

Sect. 1. George Bullard, Simon Whitney, and Winthrop Persons incor-
E. Faulkner, their associates, successors and assigns, are hereby P<""^'««1-
made a manufacturing corporation, by the name of the Water
Power India Rubber Company, for the purpose of manufacturing
all articles composed wholly or in part of india rubber, and also
various kinds of machinery, in the town of Framingham, in the
county of Middlesex, and for this purpose, shall have all the Powers and
powers and privileges, and be subject to all the duties restric- '^"''^^•
tions and liabilities, set forth in the thirty-eighth and forty-fourth R. S. ch. 38. 44.
chapters of the Revised Statutes, passed on the fourth day of
November, in the year one thousand eight hundred and thirty-
five.

Sect. 2. The said company may hold, for the purposes Real estate and
aforesaid, real estate to the amount of thirty thousand dollars, and ^^^'^^^ ^^°'^^'
the whole capital stock of said company shall not exceed the
amount of one hundred and thirty thousand dollars. [JVIarch
16, 1836.]

An Act authorizing the Second Religious Society in Newbury to sell their Parsonage (^hftii "^f?

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

The Second Religious Society in Newbury, in the county of Society author-
Essex is hereby authorized to sell, atid by their treasurer, or a estate and in-
committee specially appointed for that purpose, to pass deeds to vest proceeds
convey all the right and interest, of said society in and to about
seven acres of land, lying on " The Plains," so called, in said
Newbury, and also in and to two cow rights in said Newbury,
the proceeds to be invested in such manner as the said society
may direct, and the interest of such proceeds only, and no part
of the principal, to be applied towards the support of the ministry
in said society : provided, that the minister or ministers of said Proviso,
society, for the time being, shall assent to the sale, and shall join
in the deed or deeds of conveyance. [March 16, 1836.]

An Act establishing certain boundary lines between the city of Boston and the town of (^hfin S7

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

The following lines, which have been mutually agreed upon be- Boundaries de-
tween the city of Boston and the town of Roxbury, shall hereaf- ^•^"''®''-
ter constitute and be considered the boundary lines in the section
to which they refer, between said city and said town, to wit :
beginning at a stone monument on the southwesterly side of the
dyke that forms the southwesterly boundary of the Empty Basin,
so called, from which point the centre of the steeple of Park
street meeting-house, in said city, bears north, fifty-three degrees

VOL. VII. 74

586

1836.-

-Chap. 37—40.

Chap. 38.

Persons incor-
porated.

Powers and
duties.

R. S. ch.44.

Real and per-
sonal estate.

Chap. 39.

1795 ch. 22.
(v. 4. p. 657.
App.)
1798 ch. 46.
(v. 4. p. 563.
App.)
1805 ch. 47.
1814 ch. 82.
1824 ch. 118.
1830 ch. 26.
1835 ch. 21.

Chap. 40.

Boundaries of
the woodland.

east, this line to run in this direction from the point above men-
tioned, about two hundred and ninety rods, until it strikes the
centre of the main channel westerly of the rope walk lands, in
said city ; thence turning and running northerly in the centre of
said channel, about one hundred and twenty-five rods, to a point
two hundred feet distant, southerly, from the main branch of the
Mill Dam, or Western Avenue ; thence turning nearly at right
angles, and running westerly nearly on a parallel line with said Mill
Dam, until it strikes the branch thereof leading to Roxbury, at
which point a stone monument has been erected. And the terri-
tory and jurisdiction on either side of the said lines as hereby es-
tablished, are accordingly confirmed to said city and said town re-
spectively. iMarch 16, 1836.]

An Act to incorporate the Belchertown Classical School.

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

Calvin Foote, Wright Bridgman, and Samuel Strong, their
associates and successors, are hereby incorporated, by the name of
the Trustees of the Belchertown CJassical School, to be estab-
lished in Belchertown, in the county of Hampshire, with all the
powers and privileges, and subject to all the duties, restrictions
and liabilities, set forth in chapter forty-fourth of the Revised
Statutes, passed on the fourth day of November, in the year one
thousand eight hundred and thirty-five ; and with power to hold
real and personal estate, to an amount not exceeding the sum of
twenty thousand dollars, to be devoted exclusively to the purpo-
ses of education. [^March 16, 1836.]

An Act relative to the " Massachusetts Fire and Marine Insurance Company'."

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That the capital stock of the Massachusetts Fire and Marine In-
surance Company may be divided into three thousand shares, of
one hundred dollars each, instead of eight thousand shares of
thirty-seven and a half dollars each, as by law is now required.
[March 21, 1836.]

An Act for the better preservation of the growth of Wood and Timber, on a tract of
woodland in the towns of Wenham and Hamilton.

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

Sect. 1. For the better preservation of the growth of the
wood and timber, on a certain tract or parcel of woodland com-
monly known by the name of Wenham Great Swamp, and bounded
as follows, viz : beginning at Pleasant Pond brook, commonly
so called ; thence southerly by Pleasant Pond, to land of Jacob
Dodge ; westerly and northerly on land of said Dodge, to a
meadow, known by the name of Wenham great meadow, to the
Nail maple, so called, near Ipswich river, in Topsfield ; thence
to said river, and northerly by said river to land of Reuben

1836. Chap. 40—42. 587

Smith ; thence easterly by land of said Smith, and other adja-
cent proprietors, to Pleasant Pond brook, aforementioned ; the
proprietors of said lands, their heirs and assigns, are hereby in-
corporated and invested with all the powers and privileges which
the proprietors of common and general fields by law are invest-
ed with.

Sect. 2. If any of the said proprietors, or any field driver, Penaityfor cat-

I 111 • 111 1 11 /? J L tie running at

or hay-ward duly appointed by them, shall nnd any horse, or jarge.
horse kind, neat catde or sheep, going at large in said woodland,
the owner or owners thereof shall forfeit and pay to the use
of said proprietors, or field driver, or hay-ward, one dollar a
head for neat cattle, and the same for each horse or horse kind,
and thirty cents for each sheep so found going at large ; the same
to be recovered as in cases of creatures taken damage feasant
in any general and common field.

Sect. 3. The said adjacent proprietors shall be severally enti- Fence, how to
tied to have and hold all the fence now standing on the dividing ^^fnf^ne'd.^'^*^
line, between their respective closes and said swamp, and they
shall severally be holden to make and maintain a legal and suffi-
cient fence upon the whole of the line aforesaid, during the con-
tinuance of this act ; and, at the expiration thereof, one half the
fence on the line aforesaid shall revert to, and be holden by said
proprietors ; and the said adjacent proprietors, severally, shall
be entitled to demand and receive of the said proprietors, at and
after the rate of seventy cents for each and every rod of one half
the fence on the dividing line aforesaid ; and if the said proprie-
tors shall fail, for the space of six months after the making and
completing such fence, and due notice thereof given to their
clerk, to pay the amount which may be due for such half of the
fence, then the said adjacent proprietors, severally, shall be en-
titled to an action for the recovery thereof, in any court proper
to try the same.

Sect. 4. This act shall continue and be in force for the Limitation of
term of thirty years. [March 21, 1836.]

An Act establishing the City of Salem. ChcW 42

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

Sect. 1. The inhabitants of the town of Salem shall continue Title and gene-
to be a body politic and corporate, under the name of the City '■^' powers,
of Salem, and as such, shall have, exercise and enjoy all the
rights, immunities, powers and privileges, and shall be subject to
all the duties and obligations, now incumbent upon and appertain-
ing to said town as a municipal corporation.

Sect. 2. The administration of all the fiscal, prudential and Government,
municipal affairs of said city, with the government thereof, shall
be vested in one principal officer, to be styled the mayor, one
council of six, to be denominated the board of aldermen, and one
council of twenty-four, to be denominated the common council ;
which boards, in their joint capacity, shall be denominated the

588 1836. Chap. 42.

city council, and shall be sworn to the faithful performance of the
duties of their respective offices. A majority of each board shall
constitute a quorum for the transaction of business.
Wards. Sect. 3. From and after the first Monday in March next,

for the purpose of holding all elections, said city shall be divided
into six wards, to contain as nearly as conveniently may be, an
equal number of inhabitants. And it shall be the duty of the
city council, once in ten years, and not oftener, to revise, and,
if it be needful, to alter said wards, in such manner as to preserve,
as nearly as may be, an equal number of voters in each ward.
Choice of war- Sect. 4. On the Tuesday preceding the second Monday in
and^heir duUes! March annually, there shall be chosen by ballot in each of said
wards, a warden and clerk, who shall hold their offices for one
year, and until others shall have been chosen in their places.
And it shall be the duty of such warden to preside at all ward
meetings, with the powers of moderators of town meetings.
And if, at any meeting, the warden shall not be present, the
clerk of such ward shall call the meeting to order, and pre-
side until a warden pro tempore shall be chosen by ballot. And
if, at any meeting, the clerk shall not be present, a clerk pro
tempore shall be chosen by ballot. The clerk shall record all the
proceedings and certify the votes given, and deliver over to his
successor in office all such records and journals, together with all
other documents and papers held by him in said capacity. The
inhabitants of each ward shall choose by ballot two persons to
assist the warden in receiving, sorting and counting the votes.
And the warden, clerk and assistants so chosen shall respectively
be under oath, faithfully and impartially to discharge their several
duties relative to all elections, which oath may be administered
Warrants for by any justice of the peace of said city. And all warrants for
meetings. ^j^g meetings of the citizens for municipal purposes, to be had

either in wards or in general meetings, shall be issued by the
mayor and aldermen, and shall be in such form, and shall be
served, executed and returned at such time, and in such manner,
as the city council may, by any by-law, direct and appoint.
Election of the Sect. 5. The mayor and aldermen shall be elected from the
couDcilf" *^"^ citizens at large, by the inhabitants of the city voting in their
respective wards, and four common council men shall be elected
from each ward, being residents in the wards where elected ; all
said officers shall be elected by ballot, and shall hold their offices
one year from the second Monday in March, and until others
shall be elected in their places.
Same subject. Sect. 6. On the Tuesday next preceding the second Mon-
day in March annually, immediately after a warden and clerk
shall have been elected and sworn, the qualified voters in each
ward shall give in their votes for a mayor, six aldermen and four
common council men : all the votes given for the said several
officers respectively, shall be sorted, counted, declared and re-
gistered in open ward [meeting, by causing the names of persons
voted for, and the number of votes given for each, to be written
in the ward record, in words at length. The ward clerk, within

1836. Chap. 42. 589

twenty-four hours after such election, shall deliver to the persons Certificates of
elected common council men, certificates of their election, and ®'^<=*'°"^-
shall forthwith deliver to the city clerk a certified copy of the
record of such election. Provided, however, that, if the choice
of common council men cannot conveniently be effected on that
day, the meeting may be adjourned to another day, not more
than two days thereafter, to complete such election. The board Organization,
of aldermen shall, as soon as conveniently may be, examine the
copies of the records of the several wards, certified as aforesaid,
and shall cause the person who shall have been elected mayor by
a majority of the votes given in all the wards, to be notified in
writing of his election ; but if it shall appear that no person shall ^''°*^^rf'"|yg"o
have been so elected, or if the person elected shall refuse to accept elect a mayor,
the office, the said board shall issue their warrants for another <^c.
election, and the same proceedings shall be had in all respects as
are herein before directed for the choice of mayor, and repeated,
from time to time, until a mayor shall be chosen ; and in case of
a vacancy in the office of mayor, by death, resignation or other-
wise, it shall be filled for the remainder of the term, by a new
election, in the manner herein before provided for the choice of
said officer. And if it shall appear that the whole number of al-
dermen shall not have been elected, the same proceedings shall
be had, as are herein before directed in regard to the choice of
mayor. And each alderman elected shall be notified in writing
of his election, by the mayor and aldermen for the time being.
The oath prescribed by this act shall be administered to the Oaihs of office,
mayor by the city clerk, or any justice of the peace in said city. '^*^-
The aldermen and common council men elect, shall, on the sec-
ond Monday in March, at ten o'clock in the forenoon, meet in
convention, when the oaths required by this act shall be adminis-
tered to the members of the two boards present, by the mayor or
any justice of the peace, and thereupon the two boards shall
separate, and the board of common council shall be organized by
the choice of a president and clerk. The board of aldermen
may, in the absence of the mayor, choose a president pro tem-
pore, who shall preside at joint meetings of the two boards.
Each board shall keep a record of its proceedings, and judge the
elections of its own members, and in case of failure of election,
or of vacancy by death, resignation, or otherwise, may order new
elections.

Sect. 7. The mayor thus chosen and qualified shall be the -q^^^^^ of itie
chief executive officer of said city. It shall be his duty to be mayor,
vigilant and active in causing the laws and regulations of the city
to be executed and enforced, to exercise a general supervision
over the conduct of all subordinate officers, and to cause their
violation or neglect of duty to be punished. He may call special
meetings of the board of aldermen and common council, or either
of them, when, in his opinion, the interest of the city requires it,
by causing a summons or notification to be left at the usual dwell-
ing place of each member of the board or boards to be convened.
He shall, from time to time, communicate to both of them such

690

1836.-

-Chap. 42.

Compensation.

City marslial.

Licenses.

1832 ch. 166.

City council to
elect overseers
of the poor,
scliool commit-
tee, (fee.

Sittings to be
public.

Accountability
of officers.

Expenditures to
be published
annually.

information, and recommend such measures, as the business and
interest of the city may in his opinion require. He shall pre-
side in the board of aldermen, and in joint meetings of the two
boards, but shall have only a casting vote. He shall be com-
pensated for his services by a salary, to be fixed by the city
council, payable at stated periods, and shall receive therefor no
other compensation, but such compensation shall not be increased
nor diminished during his continuance in office.

Sect. S. The executive powers of said city generally, and
the administration of police, with all the powers heretofore vest-
ed in the selectmen of Salem, shall be vested in the mayor and
aldermen, as fully as if the same were herein specially enumer-
ated. And the said mayor and aldermen shall have full and ex-
clusive power to appoint a city marshal and assistants, and a
constable or constables, and all other police officers ; and may
remove the same, when, in their opinion, sufficient cause for re-
moval exists. And the said mayor and aldermen shall have full
and exclusive power to grant licenses to innholders, victuallers
and retailers, within said city, in as full and ample a manner as
the mayor and aldermen of the city of Boston have authority to
grant licenses in said city of Boston, by virtue of "an act for
the due regulation of licensed houses." All other powers now
vested in the inhabitants of said town, and ail powers granted by
this act, shall be vested in the mayor and aldermen and common
council of said city, to be exeicised by concurrent vote, each
board to have a negative upon the other. But the city council
shall annually, as soon after their organization as may be conven-
ient, elect, by joint ballot in convention, the overseers of the
poor, school committee, city ti'easurer and collector, firewards,
city clerk, assessors and assistant assessors, and shall, in such
manner as said city council shall determine by any by-law made
for the purpose, appoint or elect all subordinate officers, not
herein otherwise directed, for the ensuing year, define their du-
ties, and fix their compensations, in cases where such duties and
compensations shall not be defined and fixed by the laws of this
Commonwealth. All sittings of the common council shall be
public, and all sittings of the mayor and aldermen, when they are
not engaged in executive business. The city council shall take
care that moneys shall not be paid from the treasury, unless
granted or appropriated ; shall secure a just and prompt account-
ability, by requiring bonds with sufficient penalty and sureties
from all persons trusted with the receipt, custody, or disburse-
ment of money ; shall have the care and supei'intendence of city
buildings, and the custody and management of all city property,
with power to let or sell what may be legally let or sold, except
the common, and to purchase property, real or personal, in the
name and for the use of the city, whenever its interests or con-
venience may in their judgment require it. And the city coun-
cil shall, as often as once a year, cause to be published, for the
use of the inhabitants, a particular account of receipts and ex-
penditures, and a schedule of city property.

1836. Chap. 42. 691

Sect. 9. In all cases in which appointments are directed to Appointments
be made by the mayor and aldermen, the mayor shall have the loofi'ce.
exclusive power of nomination, such nomination, however, being
subject to be confirmed or rejected by the board of aldermen :
provided, however, that no person shall be eligible to any office, Provisos,
the salary of which is payable out of the city treasury, who, at
the time of his appointment, shall be a member either of the
board of aldermen or common council. And neither the mayor,
nor any aldernnen, or member of the common council, shall, at
the same time, hold any other office under the city government.
Provided, however, that the mayor and president of the common
council, shall be, ex officio, members of the school committee ;
and provided further, that said mayor and aldermen, and one
common council man from each ward, shall be overseers of the
poor, if said city council shall so determine.

Sect. 10. Said city council shall have power to choose a Cit}- clerk,
city clerk, who shall be clerk of the board of aldermen. He
shall perform such duties as shall be prescribed by the board of
aldermen, and shall perform all duties, and exercise all the pow-
ers by law incumbent upon, or vested in, the town clerk of the
town of Salem.

Sect. 11. The city assessors, who shall be annually chosen Assessors.
by the city council, shall exercise the same powers, and be sub-
ject to the same duties and liabilities, that the assessors in the
several towns in the Commonwealth may exercise, or be subject
to, under existing laws. And the city council shall appoint two
persons in each ward, whose duty it shall be to furnish the as-
sessors with all necessary information relative to persons and
property taxable in their several wards, and who shall be sworn
to the faithful performance of their duty. All taxes shall be as- Assessment of
sessed, apportioned and collected in the manner prescribed by
the laws of the Commonwealth : provided, however, that the
city council may establish further or additional provisions for the
collection thereof.

Sect. 12. The city council shall have exclusive authority Laying out of
and power to lay out any new street or town way, or widen or streets.
otherwise alter or discontinue any street or town way in said city,
and to estimate the damages any individual may sustain thereby ;
and all questions relating to the subject of laying out, widening,
altering or discontinuing any street, shall be first acted upon by
the mayor and aldernnen. And any person, aggrieved by the de- Recovery of
cision or judgment of said city council, may, so far as relates images.
to damages, make complaint to the next meeting of county com-
missioners, in the county of Essex, who are hereby empowered
to hear and determine the same by a jury, or by a committee, if
the parties agree, in the manner authorized by " an act to estab- iS27cii. 77.
lish county commissioners, and to repeal the several acts estab-
lishing the courts of sessions, and in addition thereto, and the act
establishing commissioners of highways," where a party claims
greater damages than are awarded by said commissioners.

Sect. 13. All the power and authority now by law vested

692

1836.-

-Chap. 42.

Health commis-
sioners.

Number of rep-
resentatives.

Election of state
officers, &c.

Returns of
votes, and cer-
tificates.

Ward lists of
voters.

General meet-
ings.

in the board of health for the town of Salem, shall be transferred
to, and vested in, said city council, to be carried into execution
by the appointment of health commissioners, or in such other
manner as the said city council may deem expedient.

Sect. 14. It shall be the duty of the city council, in the
month of October, annually, to meet in convention, and deter-
mine the number of representatives to be sent to the general
court by said city in such year, and to publish such determina-
tion, which shall be conclusive, and the number thus determined
shall be specified in the warrant calling a meeting for the election
of representatives.

Sect, 15. All elections for county, state and United States
officers, who are to be voted for by the people, shall be held at
meetings of the citizens qualified to vote in such elections, in
their respective wards, at the time fixed by law for those elec-
tions respectively. And at such meetings, all the votes given
for said several officers respectively, shall be sorted, counted,
declared and registered in open ward meeting, by causing the
names of persons voted for, and the number of votes given for
each, to be written in the ward record in words at length. The
ward clerk shall forthwith deliver to the city clerk a certified
copy of the record of such elections. The city clerk shall forth-
with record such returns. And the mayor and aldermen shall,
within two days after every such election, examine and compare
all said returns, and make out a certificate of the result of such
elections, to be signed by the niayor and a majority of the alder-
men, and also by the city clerk, which shall be transmitted or
delivered in the same manner as similar returns are by law direct-
ed to be made by the selectmen of towns, and such certificates,
and returns shall have the same force and effect as like returns of
similar elections made by the selectmen of towns. And in all
elections for representatives to the general court, in case the
whole number proposed to be elected shall not be chosen by a
majority of the votes legally returned, the mayor and aldermen
shall forthwith issue their warrant for a new election, and the same
proceedings shall be had as are herein before directed, until the
whole number shall be elected.

Sect. 16. Prior to every election, the said mayor and al-
dermen shall make out lists of all the citizens of each ward, qual-
ified to vote in such elections, in the manner in which selectmen
and assessors of towns are required to make out lists of voters,
and for that purpose they shall have full access to the assessors'
books and lists, and be entitled to the aid and assistance of all as-
sessors, assistant assessors, and other officers of said city, and
they shall deliver said lists so prepared and corrected, to the
clerk of said ward, to be used at such elections ; and no person
shall be entided to vote, whose name is not borne on such list.
And to prevent fraud and mistake, a mark shall be placed against
the name of each voter on such list at the time of giving his vote.

Sect. 17. General meetings of the citizens, qualified to vote,
may from time to time be held to consult upon the public good,

1836. Chap. 42. 593

to instruct their representatives, and to take all lawful measures
to obtain redress of any grievances, according to the right se-
cured to the people by the constitution of this Commonwealth,
and such meetings may and shall be duly warned, by the mayor
and aldermen, upon the requisition of thirty qualified voters of
said city.

Sect. 18. It shall be the duty of the .city council, seasona- Wards,
bly before the Tuesday next preceding the second Monday in
March next, to cause a division of said city to be made into six [Four wards,
wards, in such a manner as to include, as nearly as conveniently ^ ' "■'
may be, with well defined limits to each ward, an equal number
of inhabitants in each ward. And the present division of said
town into wards shall continue, and all ward meetings, and all
elections, shall be held in them, until the meetings for the elec-
tion of city officers in March next.

Sect. 19. For the purpose of organizing the system of gov- The first elec-
ernment hereby established, and putting the same into operation zation" of* the""
in the first instance, the selectmen of the town, for the time be- city govern-
ing, shall seasonably, before the fourth Monday in April next, ""^^ '
issue their warrants for calling meetings of the said citizens, at
such place and hour as they shall deem expedient, for the purpose
of choosing a warden and clerk for each ward, and also to give
in their votes for a mayor and six aldermen, to be taken from the
city at large, and six common council men for each ward, and the
transcripts of the records of each ward, specifying the votes given
for a mayor, six aldermen and six common council men, certified
by the warden and clerk of each ward, shall at said first election
be returned to the said selectmen, whose duty it shall be to ex-
amine and compare the same. And in case said elections shall
not be completed at the first election, then to issue a new warrant
until such elections shall be completed, and to give notice thereof
in the manner herein before directed to the several persons elect-
ed. And at said first meeting, any inhabitant of said ward, being
a legal voter, may call the citizens to order, and preside until a
warden shall have been chosen. And at said first meeting, a list
of voters in each ward, prepared and corrected by the selectmen
of the town of Salem, for the time being, shall be delivered to
the clerk of each ward, when elected, to be used as herein be-
fore directed. And it shall be the duty of the city council, im-
mediately after their first organization, to elect all necessary city
officers, who shall hold their offices respectively until the second
Monday in March then next, and until others are chosen. And
the meetings in March next, for the election of ward and city
officers, shall be called by said mayor and aldermen, at such time
and places, and in such manner, as they shall direct. And at
the said first meeting, the said inhabitants may and shall also give
in their votes for county officers, which votes shall be recorded, '

certified and returned in the manner provided in the fifteenth sec-
tion of this act.

Sect. 20. The city council shall have power to make all By-laws and
such salutary and needful by-laws, as towns by the laws of this pe"*''es-

VOL. VII. 75

1836.-

-Chap. 42—43.

Police court.

Present town
officers contin-
ued, &.C.

Commonwealth, have power to make and establish, and to annex
penalties, not exceeding twenty dollars, for the breach thereof,
which by-laws shall take effect and be in force from and after the
time therein respectively limited, without the sanction of any
court or other authority whatever : provided, however , that all
laws and regulations now in force in said town of Salem, shall,
notwithstanding this act, be and remain in force, until they shall
expire by their own limitation, or be revised or repealed by the
city council, and all fines and forfeitures for the breach of any
by-law, shall be paid into the city treasury.

Sect. 21. The police court of the town of Salem, in addi-
tion to its present powers and jurisdiction, which are hereby con-
tinued to it, shall have cognizance of all offences against the
by-laws and regulations, which may be established by the city
council of the city of Salem, and may, on conviction thereof,
award such sentence as to law and justice may appertain. And
any person aggrieved by such sentence may appeal therefrom to
the court of common pleas for the county of Essex, under the
restrictions and conditions, provided by law in other cases of ap-
peal from said court.

Sect. 22. The annual town meetings, in the month of March
or April, shall be suspended, and all town officers now in office
shall hold their places until this act shall go into operation, or un-
til fourteen days after the same shall have been rejected by the
inhabitants of said town ; and in case said charter should be re-
jected by said inhabitants, the selectmen shall have authority,
within fourteen days after such rejection, to call a meeting of said
inhabitants, for the choice of town and county officers.

Sect. 23. AH such acts and parts of acts as come within
the purview of this act, and are inconsistent with, or repugnant
to, the provisions of this act, shall be, and the same are hereby
repealed.

Sect. 24. Nothing in this act contained shall be so construed
as to prevent the legislature from altering or amending the same,
whenever they shall deem it expedient.

Sect. 25. This act, except the twenty-second section, shall
be void, unless the inhabitants of the town of Salem, at a legal
town meeting called for that purpose, shall by a written vote de-
termine to adopt the same within fourteen days. [J\larch 23,
1836.] Add. act, 1837 ch. 4.

Chttf). 43. ^^ ^^"^ ^° incorporate tlie Suffolk Mutual Fire Insurance Company.

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

Nehemiah P. Mann, Elisha Howes and David Nickerson,
their associates and successors, are hereby made a corporation,
by the name of the Suffolk Mutual Fire Insurance Company, in
the city of Boston, in the county of Suffolk,' with all the powers
and privileges, and subject to all the duties, restrictions and lia-
R. s. ch. 37. 44. biHties, set forth in the thirty-seventh and forty-fourth chapters of

Repeal.

Legislative
control.

When this act
shall take effect.

Persons incor-
porated.

Powers and
duties.

1836. Chap. 43—46. 595

the Revised Statutes, passed on the fourth day of November, iri
the year one thousand eight hundred and thirty-five, for the term'
of twenty-eight years. [March 23, IS36.] Add. act, 1837
ch. 175.

An Act authorizing John Holmes to extend his Wharf in the town of Tisbury, and to f^h/i.ty AA
build a Marine Railway in the harbor of Holmes Hole, in said town. KyltiUj). ^^.

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

John Hohnes, of Tisbury, is hereby authorized to extend his Wharf may be
wharf from his own land (the same now being twenty-two feet in ^^"^^n^®^-
width) in the same direction and width that it now is, three hun-
dred feet further into the harbor, to terminate with a T seventy-
five feet in length at the end, with liberty to build a marine rail- Marine railway,
way seventy-five feet wide, to extend the whole length of said
wharf, four hundred feet from the shore on his own land : pro- Proviso.
vided, that this grant shall in no wise interfere with the legal rights
of any other person or persons whatsoever. [March 23, 1836.]

An Act to incorporate the Charles River- Wharf Company, in the city of Boston. f^hnn A^

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

Sect. 1. Edward A. Raymond, John Hews, and Samuel Persons iucor-
Curtis, their associates and successors, are hereby made a corpo- P^'^^^ed.
ration, by the name of the Charles River Wharf Company, with Powers and du-
all the powers and privileges, and subject to all the duties, re- *'®^*
strictions and liabilities, set forth in the forty-fourth chapter of R. S. ch. 44.
the Revised Statutes, passed on the fourth day of November, in
the year one thousand eight hundred and thirty-five, with power
to hold real estate to the amount of two hundred thousand dollars ; Real estate and
and the whole capital stock of said company shall not exceed cap'ta' stock,
two hundred and twenty thousand dollars, and shall be divided
into shares of one hundred dollars each.

Sect. 2. Said corporation may purchase, and hold in fee Purchase of
simple or otherwise, any part or all of a certain tract of land and lands and flats

Eiiitliorizcci

flats, situated in said Boston, lying upon the northwesterly side
of Brighton street, between Leverett street or Canal bridge and
Poplar street, and extending northwesterly from said Brighton
street to the channel, or low water mark, may fill up said flats,
build wharves, store-houses and other buildings on said land, and
make oiher improvements thereon : provided, that said corpora- Proviso,
lion shall not so use or improve its corporate property as to en-
croach upon, or in any way affect the legal rights of any person
or other corporation whatever. [March 23, 1836.]

An Act to incorporate the Proprietors of the Taunton Cemetery'. i^ilCLp, 4)0»

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

Sect. 1. George B. Atwood, Samuel B. King, and Samuel Persons incor-
O. Dunbar, together with such other persons as shall become po^ated.

596

1836.-

■Chap. 46.

Powers and du-
ties.

R. S. ch. 44.

Real estate.

Personal estate.

Powers of the
corporation.

Membership,
and exemption
of cemetery
from taxation.

Provisions of
1836 ch. 96,
extended to this
cemetery.

proprietors of lots in the cemetery in Taunton, in the county of
Bristol, their successors and assigns, are hereby made a corpo-
ration, by the name of the Proprietors of the Taunton Ceme-
tery ; and said corporation shall have all the powers and privileges,
and be subject to all the duties, restrictions and liabilides, set
forth in the forty-fourth chapter of the Revised Statutes, passed
on the fourth day of November, in the year one thousand eight
hundred and thirty-five.

Sect. 2. The said corporation may take a deed of gift in
fee simple, of a certain lot of land in said Taunton, from the
honourable Samuel Crocker, and hold the same, and take and
hold any other lands adjacent thereto, in fee simple, not exceed-
ing twenty acres, in addition to the said lot, for the purposes
herein after provided, and may also take and hold any personal
estate, not exceeding in value ten thousand dollars, to be applied
to the purposes connected with, and appropriate to the object of
said establishment.

Sect. 3. The said corporation shall take and hold the land
aforesaid, at and for a rural cemetery, or burying ground, and for
the erection of tombs, cenotaphs, or other monuments, for, or in
memory of the dead ; and for this purpose shall have power to
lay out the same in suitable lots or other subdivisions, for family
or other burying places, and to plant and embellish the same with
shrubbery, flowers, trees, walks, and other rural ornaments, and
enclose and divide the same, with proper walls and enclosures,
and to make and annex thereto, other suitable appendages, as
the corporation shall, from time to time, deem expedient ; and
the said real estate shall be forever held by said corporation, for
such purposes, and for none other ; and said corporation shall
have authority to grant, and to convey to any person or persons,
the sole and exclusive right of burial, and of erecting tombs and
cenotaphs, and any other ornaments, in any such designated lots
and subdivisions, upon such terms and conditions, and subject to
such reguladons, as the said corporation shall by their laws
prescribe ; and any 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. 4. All persons who shall hereafter become proprietors
of lots in said cemetery, of a size not less each than two hundred
square feet, shall thereby become members of said corporation,
and the said cemetery is hereby declared exempted from all pub-
lic taxes, so long as the same shall remain dedicated to the pur-
poses of a cemetery.

Sect. 5. All the provisions contained in the seventh, eighth
and ninth sections of the act of March thirty-first, in the year
one thousand eight hundred and thirty-five, to incorporate the
proprietors of the cemetery of Mount Auburn, in the county of
Middlesex, shall apply to, and have effect, as to the Taunton
cemetery, in the county of Bristol. [March 23, 1836. J

1836. Chap. 47—48. 597

An Act to incorporate the Hingham Malleable Iron Company. Chan 4,7

BE it enacted by the Senate and House of Representatives , ^

in General Court assembled, and by the authority of the same,
as follows :

Sect. 1. Robert Burr, Joseph R. Newell, and William Persons incor-
Whittemore, their associates and successors, are hereby made a P^"^^^'^-
manufacturing corporation, by the name of the Hingiiam Malle-
able Iron Company, for the purpose of manufacturing and con-
verting cast iron into malleable iron, in the town of Hingham,
within the county of Plymouth, and for this purpose shall have Powers and du-
all the powers and privileges, and be subject to all the duties, "®*'
restrictions and liabilities, set forth in the thirty-eighth and forty-
fourth chapters of the Revised Statutes, passed on the fourth R-S. ch. 38.44.
day of November, in the year one thousand eight hundred and
thirty-five.

Sect. 2. The said company may hold, for the purposes i^eai estate and .
aforesaid, real estate to the amount of fifty thousand dollars, and "^^P' ^
the whole capital stock of said company shall not exceed the
amount of one hundred thousand dollars. \_Alarch 23, 1S36.]

An Act to incorporate the Blackstone Insurance Company. CflCip, 48.

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

Sect. 1. Ebenezer Smith, Samuel E. Robbins, and John Persons incor-
F. Trull, their associates and successors, are hereby made a cor- P*"'^'®''-
poration, by the name of the Blackstone Insurance Company, to
be established in the city of Boston, for the purpose of making
maritime loans, and insurance against maritime losses, and insur-
ance against losses by fire, in the customary manner, and for this
purpose shall have all the powers and privileges, and be subject to Powers and du-
all the duties, restrictions and liabilities, set forth in the thirty- "^^"
seventh and forty-fourth chapters of the Revised Statutes, passed K.-S. ch.37. 44.
on the fourth day of November, in the year one thousand eight
hundred and thirty-five, for the term of twenty years after the
passing of this act.

Sect. 2. The said corporation may hold any estate, real or Real estate.
personal, for the use of said company : provided, lliat the real es-
tate shall not exceed the value of fifty thousand dollars, except-
ing such as may be taken for debt, or held as collateral security
for money due to said company.

Sect. 3. The capital stock of said company shall be two Capitalstock.
hundred thousand dollars, and shall be divided into shares of one
hundred dollars each, and shall be collected and paid in, in such
instalments, and under such provisions and penalties, as the pres-
ident and directors of said company shall order and appoint.
[March 23, 1836.] Add. act, 1837 ch. 55.

598> 1836. Chap. 49—50.

Chut) 4*9 ^" ^^^ '° incorporate the Sturbridge Cotton Mills.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :
Persons incor- Sect. I. Charles Everett, William Fisk, Henry B.Mather,
porated. gnd their associates and successors are hereby made a manufac-

turing corporation, by the name of the " Sturbridge Cotton Mills,"
for the purpose of manufacturing cotton and wool in the town of
Sturbridge, in the county of Worcester, and for this purpose
Powers and gj^ajj [^^y^ g]} j^g powers and privileges, and be subject to all the
duties, restrictions and liabilities, set forth in the thirty-eighth and
R. S, ch. 38. 44. forty-fourth chapters of the Revised Statutes, passed on the fourth
day of November, in the year one thousand eight hundred and
thirty-five.
Real estate and Sect. 2. The said Corporation may hold, for the purposes
capital stock, aforesaid, real estate to the amoimt of fifty thousand dollars, and
the whole capital stock of said corporation shall not exceed the
amount of one hundred and fifty thousand dollars. [March 23,
1836.]

f^hnn 'SO ■^" ^''^^ ^° establish a Fire Department in the town of Lynn.

' BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
asfolloics :
Appointment Sect. 1. The selectmen of the town of Lynn are authorized,

and number of gnd it shall be their duty, in the month of April, in each year, to
" ' appoint as many engineers for their fire department as they may
think expedient : provided, such number so appointed shall not
exceed twelve, who shall hold their offices for one year from and
after the first day of May next succeeding, and until others are
appointed in their places. The said selectmen are authorized
and required to fill any vacancies in the said office of engineer,
and the said engineers shall possess the same authority and exer-
cise the same powers in relation to the extinguishment of fires, as
firewards do by law possess and exercise.
Organization of Sect. 2. The said selectmen, immediately after the appoint-
" ■ ment of said engineers shall have been made, shall issue a war-
rant to one of their number, requiring him to notify a meeting of
the board of engineers, at such time and place as shall be desig-
nated in such warrant, at which meeting the said engineers shall
elect from their number a chief engineer, a clerk, and such other
officers as they may deem necessary for their more complete or-
ganization.
Appointment of Sect. 3. The said engineers are hereby authorized and re-
engine men. quired to exercise all the powers, and perform all the duties in
relation to the nomination and appointment of engine men, which
the selectmen of said town have been heretofore by law author-
ized and required to exercise and perform ; and said engineers,
and all persons appointed by them, pursuant to this act, shall be
subject to the same duties, and entitled to the same privileges
and exemptions as engine men are subjected and entitled to,
when appointed by the selectmen : provided, however, that they

1836. Chap. 50. 699

shall not be exempted from military duty, unless they shall produce Exemption from
to the commanding officer of the company, within whose bounds military duty:
they reside, in the month of May, in each year, certificates of
their appointment, signed by the chief engineer, or by the clerk
of the board of engineers.

Sect. 4. The said engineers are authorized and empowered Number of men
to appoint such number of men to the engines, hose, hook and ^c^.^*^^ engme,
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 fifty
men ; to each common engine, thirty-five men ; to each hose
carriage, ten men ; to the hook, sail and ladder carriages,
thirty-five men ; to the fire company, twenty-five men ; also to
appoint three men as assistant engineers, who shall exercise
such supervising control and authority relative to the operations
for extinguishing fires, and to the inspection and preservation of
the fire apparatus belonging to said town, as the board of engi-
neers may from time to time delegate to them ; and the said en- Organization
gine, hose, hook, sail and ladder carriage men, and fire company, ^"'^. ^y-iaws of

'-',.,' . , , P ,. . S •' ' engine compa-

are authorized to organize themselves into distinct companies, to nles.
elect captains, clerks, and other necessary officers, to establish
such rules and regulations as may be approved by the board of
engineers, and to annex penalties to the breach of the same,
which may be sued for and recovered, by the clerk of any com-
pany so organized, before any court of competent jurisdiction, to
be appropriated to the use of such company : provided, that no
penalty shall exceed the sum of ten dollars : and provided, fur-
ther, that such rules and regulations be not repugnant to the con-
stitution and laws of this Commonwealth.

Sect. 5. The said board of engineers shall have the care Powers and du-
and superintendence of the public engines, hose, fire-hooks, sails, aters. ^"^'
ladder carriages and ladders, together with the buildings, fixtures
and appendages thereto belonging, and all pumps, reservoirs for
water, and all apparatus owned by the town of Lynn, and used
for extinguishing fires, and shall cause the same to be kept in re-
pair, and when worn out, to be replaced, and from time to time
shall make such alterations therein and additions thereto, as they
shall deem necessary : provided, such alterations, additions or re-
pairs, shall not exceed in any one year the sum of three hundred
dollars, unless said town of Lynn shall have authorized a larger
appropriation.

Sect. 6. The said board of engineers, at any meeting thereof Engineers may
may establish such rules and ordinances as they may judge [nffi^e^&"^'
proper, to prohibit or regulate the carrying of fire, fire-brands,
lighted matches, or any other ignited materials openly in the streets
or thoroughfares of said town, or in such parts thereof as they may
designate, and to prohibit any owners or occupants of any build-
ing within said town, or such parts thereof as such board may de-
signate, from erecting or maintaining any defective chimney,
hearth, oven, stove or stove-pipe, fire-frame or other fixture, de-

600 1836. Chap. 50—52.

posite of ashes, or any mixture or other material which may pro-
duce spontaneous combustion, or whatever else may give just
cause of alarm, or may be the means of kindling or spreading fires.
And the said board of engineers may also from time to time make
and ordain rules and regulations for their own government, and

Penalties. for the conduct of citizens present at any fire, and may annex

penalties for the breach of any rule, regulation or ordinance,
which they may have deemed expedient to make, not exceeding
twenty dollars for any one breach thereof; and the same may be
prosecuted for, and recovered by the chief engineer, in his own
name, before any court of competent jurisdiction ; and all penalties
so recovered shall be appropriated by said engineers to the im-

Proviso. provement of the fire apparatus of said town : provided, such

rules, regulations, and ordinances, shall not be repugnant to the
constitution and laws of the Commonwealth, and shall not be
binding until the same shall have been approved by the inhabi-
tants of said town in legal town meeting held for that purpose,
and published in some newspaper printed in said town of Lynn.

When this act Sect. 7. All laws inconsistent with the provisions of this

shall lake effect, act are hereby repealed, so far as they may apply to said town of
Lynn, and the provisions of this act shall not take effect until the
same shall have been accepted by a majority of the inhabitants of
said town, qualified to vote in town affairs, at a meeting legally
notified for that purpose, and shall continue in force until modi-
fied or repealed by the legislature of this Commonwealth. iMarch
23, 1836.]

r^hnrt ^ 1 ^"' ^^^ ^'^ incorporate the Mansfield Mining Company.

"' BE it enacted by the Senate and House of Representatives,

in Central Court assembled, and by the authority of the same,
as follows :
Persons incor- Sect. 1. Charles EUis, Ephraim Harrington, and Joseph Wil-
porated, lard, with their associates and successors are hereby made a corpo-

ration, by the name of the " Mansfield Mining Company," for the
purpose of digging and mining for coals and other minerals in the
counties of Bristol and Norfolk, and for converting the same to use-
Powers and du- ful purposes, with all the powei's and privileges, and subject to all
"®*- the liabilities contained in the thirty-eighth and forty-fourth chapters

R. S. eh. 38. 44. of the Revised Statutes, passed on the fourth day of November,

in the year one thousand eight hundred and thirty-five.
Real and per- Sect. 2. The said Corporation may hold such real estate,
sonai estate. ^^^^ exceeding sixty thousand dollars in value, and such personal
estate, not exceeding forty thousand dollars in value, as may be
necessary to carry into effect the objects aforesaid. [March
23, 1836.]

Chni) 5^ ■'^" ^^^ '° incorporate the Sunderland Steam Mill Company.

BE it enacted by the Senate and House of Representatives,

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

as follows :

Persons incor- Sect. 1. William Delano, Horatio Graves, and Austin

porated. Smith, their associates and successors, are hereby made a cor-

1836. Chap. 62—54. 601

poration, by the name of Sunderland Steam Mill Company,

for the purpose of erecting and putting in operation steam power

to be used for the grinding of grain, and for other mechanical

uses, in the town of Sunderland, within the county of Franklin,

and for this purpose shall have all the powers and privileges, and Powers and du-

be subject to all the duties, restrictions and liabilities, set forth in

the thirty-eighth and forty-fourth chapters of the Revised Stat- R-S. ch.38. 44.

utes, passed on the fourth day of November, in the year one

thousand eight hundred and thirty-five.

Sect. 2. The said company may hold, for the purposes Real estate and

f • r J J ^ II CELDttEl stock

aforesaid, real estate to the amount of ten thousand dollars, and
the whole capital stock of said company shall not exceed the
amount of twenty thousand dollars. [March 23, 1836.]

An Act to incorporate the Northampton Silk Company. Chttt). 53,

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

Sect. 1. Samuel Whitmarsh, Christopher Hubbard and Persons incor-
William Clark, Jr., their associates and successors, are hereby
made a corporation, by the name of the Northampton Silk Com-
pany, for the purpose of carrying on the business of the culture
and manufacture of silk, in all its branches, in the town of North-
ampton ; and for this purpose shall have all the powers and privi- Powers and
leges, and be subject to all the duties, restrictions and liabilities,
set forth in the thirty-eighth and forty-fourth chapters of the Re- R. s, ch. 38. 44.
vised Statutes, passed on the fourth day of November, in the
year one thousand eight hundred and thirty-five.

Sect. 2. The said company may hold, for the purposes Real and per-
aforesaid, real estate to the amount of one hundred thousand dol- ^""^ e^ae.
lars, and personal estate to the amount of one hundred thousand
dollars ; and the whole capital stock of said company shall not
exceed two hundred thousand dollars. [March 23, 1836.]

An Act to incorporate the Berkshire Woollen Company. CHcLt), 5^»

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

Sect. 1. John C. Russell, Asa C. Russell and Ralph P. Persons incor-
Russell, their associates and successors, are hereby made a man- ^°^^ ^
ufacturing corporation, by the name of the Berkshire Woollen
Company, for the purpose of manufacturing woollen goods, in
the town of Great Barrington, within the county of Berkshire,
and for this purpose shall have all the powers and privileges, and Powers and
be subject to all the duties, restrictions and liabilities, set forth in '^"^**
the thirty-eighth and forty-fourth chapters of the Revised Stat- R. S. ch. 38. 44.
utes, passed on the fourth day of November, in the year one
thousand eight hundred and thirty-five.

Sect. 2. The said company may hold, for the purposes Real estate and
aforesaid, real estate to the amount of ten thousand dollars, and ^^^P''^' ®*°*^'^-
the whole capital stock of said company shall not exceed the
amount of twenty-five thousand dollars. [March 23, 1836.]

VOL. VII. 76

602 1836. Chap. 65—56.

Chftn, 55. ■^'^ ^^"^ *** incorporate the New England Worsted Company.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :
Persons incor- Sect. 1. George Bond, Samuel Wbitwell and H. Rogers
porated. Kendall, their associates and successors, are hereby made a cor-

poration, by the name of the "New England Worsted Compa-
ny," for the purpose of preparing wool and other fibrous sub-
stances, and for making the same into yarn, cloth and other
articles, and also for the purpose of manufacturing machinery, in
Powers and the counties of Middlesex and Suffolk, and for this purpose shall
""^^" have all the powers and privileges, and be subject to all the du-

R. S. ch. 38. 44. ties, restrictions and liabilities, set forth in the thirty-eighth and
forty-fourth chapters of the Revised Statutes, passed on the
fourth day of November, in the year one thousand eight hundred
and thirty-five.
Real estate and Sect. 2. The said corporation may hold, for the purposes
capital stoc . gforesaid, real estate to the amount of one hundred and fifty thou-
sand dollars, and the whole capital stock of said corporation shall
not exceed the amount of five hundred thousand dollars. [J\larch
23, 1836.]

f^hfin 'ifi •^" ^^^ ^° regulate the Alewive Fishery in the town of Wellfleet.

1788 h 14 ^^ ^^ enacted by the Senate and House of Representatives,

(v. 1. p. 200.) in General Court assembled, and by the authority of the same,

as follows :
Selectmen may Sect. 1. The selectmen of the town of Wellfleet, for the
prescribe time ^^^q being, may, in the month of March or April annually, pre-

QiiQ pl3,C6S lor *ii* 1 1 t c ^ * "x * *

taking alewives. scribe the time, place or places and manner oi takmg alewives, m
the creeks and brooks in the town of Wellfleet, such time not to
exceed four days in a week, and they may appoint some suitable
person to take the same, or they may sell the right to take said
fish as they think best, and shall fix the compensation therefor.
Selectmen may Sect. 2. Said selectmen may cause the natural courses of
streams^free of ^^^ Streams through which said fish pass, to be kept open and
obstructions. free of obstructions, and, for that purpose, as well as for other
purposes of this act, may go upon the land or meadow of any
person through which said streams run, without being deemed
trespassers, and if any person molest the said selectmen, or either
of them in the execution of his or their duties under this act, or
shall obstruct the passage of said fish, the person so offending
shall forfeit and pay a fine for every offence, not exceeding twen-
ty, nor less than ten dollars, upon conviction thereof before any
justice of the peace, in the county of Barnstable, not an inhabi-
tant of said town of Wellfleet.
Penalty for tak- Sect. 3. If any person shall take any of the fish aforesaid in
tofh*l^pr*o°v"isbn"s ^^^ crceks or brooks or ponds in which said fish cast their spawn,
of this act. at any time, or in any place or manner, other than shall be al-
lowed by said selectmen as aforesaid, each person so offending,
for each and every offence, on conviction .thereof, shall pay a
fine not exceeding twenty dollars.
Quantity of fish Sect. 4. The inhabitants of said town, at their annual meet-
and^rice'^™'^ ing, shall determine the quantity of said fish, each family in said

1836. Chap. 66—59. 603

town shall receive, and establish the price they shall pay there-
for.

Sect. 5. All persons, not otherwise disqualified, shall be Witnesses,
taken to be competent and legal witnesses in any prosecution up-
on this act, they being inhabitants of said town of Wellfleet not-
withstanding.

Sect. 6. All the forfeitures incurred by virtue of this act. Distribution of
shall be two thirds to the use of said town of Wellfleet, and one forfeitures.
third to the person or persons giving information, to be recovered
in an action of debt in any court proper to try the same, to be
brought by the treasurer thereof.

Sect. 7. All laws heretofore made regulating the alewive Repeal,
fishery in said town of Wellfleet are hereby repealed. [March
23, 1836.]

All Act to change tiie name of the " Beverly Charitable Society." f^hftn ^1

BE it enacted by the Senate and House of Representatives, r"

in General Court assembled, and by the authority of the same,
as follows :

The " Beverly Charitable Society," incorporated the first day Namechang-
of March, in the year one thousand eight hundred and nine, are ^ "
hereby authorized to take the name of the " Fisher Charitable
Society," and shall be entitled to all the powers and privileges,
and subject to all the restrictions, contained in their original act
of incorporation. [March 23, 1836.]

An Act to incorporate the Newburyport Linnean Society. ChCLT) 58.

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

Abraham Perkins, Moses Merrill, John Huse, their associates Persons incor-
and successors, are hereby made a corporation, by the name of P"""*®
the Newburyport Linnean Society, for the purpose of collect-
ing and preserving materials for the civil and natural history of
the county of Essex, in the town of Newburyport, with all the Powers and
powers and privileges, and subject to all the duties, restrictions ^"^'^^•
and liabilities, set forth in the forty-fourth chapter of the Revised R. S. eh. 44.
Statutes, and for the purpose aforesaid may hold real estate not Real and per-
exceeding in value the sum of five thousand dollars, and personal ^°°^' estate,
estate not exceeding the sum of ten thousand dollars. [March
23, 1836.]

An Act to incorporate the Holden Mill Company. f^hfin 'iQ

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

Sect. 1. Oliver Eldredge, Josiah Nickerson and James persons incor-
Lees, their associates and successors, are hereby made a manu- porated.
facturing corporation, by the name of the Holden Mill Company,
for the purpose of manufacturing cotton and woollen goods, in
the town of Holden, widiin the county of Worcester, and for Powers and du-
this purpose shall have all the powers and privileges, and be sub- "®^-

604

1836.-

-Chap. 69—61.

ject to all the duties, restrictions and liabilities, set forth in the
thirty-eighth and forty-fourth chapters of the Revised Statutes,
passed on the fourth day of November, in the year one thousand
eight hundred and thirty-five.

Sect. 2. The said corporation may hold, for the purposes
aforesaid, real estate to the amount of twenty thousand dollars,
and personal estate to the amount of fifty thousand dollars.
[March 23, 1836.]

An Act to incorporate the Boston Silk Manufacturing Company.

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

Sect. 1. Henry Rice, James C. Dunn, Henry Upham,
and their associates and successors, are hereby made a manufac-
turing corporation, by the name of "the Boston Silk Manufac-
turing Company," for the purpose of manufacturing silk, and silk
and cotton goods, within the county of Suffolk ; and for this
purpose shall have all the powers and privileges, and be subject
to all the duties, restrictions and liabilities, set forth in the thirty-
R. S. ch.38.44. eighth and forty-fourth chapters of the Revised Statutes, passed
on the fourth day of November, in the year one thousand eight
hundred and thirty-five.

Sect. 2. The said corporation may hold, for the purposes
aforesaid, real estate to the amount of seventy-five thousand dol-
lars, and the whole capital stock of said corporation shall not
exceed the amount of two hundred thousand dollars. [March
23, 1836.]

R. S. eh. 38. 44,

Real and per-
sonal estate.

Chap. 60.

Persons incor-
porated.

Powers and du
ties.

Real estate and
capital stock.

An Act to incorporate the Salem India Rubber Company.

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

Sect. 1. John Winn, Larkin Thorndike and Joseph G.
Waters, their associates and successors, are hereby made a man-
ufacturing Corporation, by the name of the Salein India Rubber
Company, for the purpose of manufacturing India rubber cloth,
leather, clothing, and other fabrics and articles, composed wholly
or in part of India rubber, in the town of Salem, within the
county of Essex, and for this purpose shall have all the powers
and privileges, and be subject to all the duties, restrictions and
R.S. ch.38.44. liabilities, set forth in the thirty-eighth and forty-fourth chap-
ters of the Revised Statutes, passed on the fourth day of Novem-
ber, in the year one thousand eight hundred and t hirty-five.

Sect. 2. The said company may hold, for the purposes
aforesaid, real estate to the amount of fifty thousand dollars,
and the whole capital stock of said company shall not exceed the
amount of one hundred and fifty thousand dollars. [March 23,
1836.]

Chap. 61.

Persons incor
porated.

Powers and
duties.

Real estate and
capital stock.

1836. Chap. 62—64. 605

An Act to incorporate the Marlborough Mutual Fire Insurance Company. Cho.'D 62

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

Abraham Howe, Solomon Weeks and Nicholas B. Proctor, Persons incor-
their associates and successors, are hereby made a corporation, P'"'^^^*^-
by the name of the Marlborough Mutual Fire Insurance Compa-
ny, in the town of Marlborough, in the county of Middlesex, with
all the powers and privileges, and subject to all the duties, re- Powers and
strictions and liabilities, set forth in the thirty-seventh and forty- ""^*"
fourth chapters of the Revised Statutes, passed on the fourth day R. S.ch.37. -M..
of November, in the year one thousand eight hundred and thirty-
five, for the term of twenty-eight years. [March 23, 1836.]

An Act authorizing School District Number Two, in Newbury, to sell lands, called C/fld'n, Q^,
the " Atkinson Donation." -*

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

Sect. 1. School district number two, in the town of New- School district
bury, is hereby authorized to sell and convey, by deed, the whole ^\\\laAs.^°
or any part of the lands lying in Newbury and Salisbury, which
were devised to said district by the last will and testament of
Moses Atkinson, late of said Newbury, deceased.

Sect. 2. The proceeds of such sales shall be invested in Investment of
such manner as said district may direct, and the annual income applic'atfon "f
thereof, only, applied to the support of schools therein : provided, income.
however, that the funds shall ever be under the direction of a
committee, chosen by the qualified voters of said district annually,
and shall be subject to the same liabilities and contingencies to
which said lands would be liable by the provisions contained in
said will, in case of a division of said school district, or a neglect
to appropriate the income thereof to the use of schools.

Sect. 3. The inhabitants of said school district, may, at any Manner of sell-
meeting legally called for that purpose, choose a committee to '"^ ^"
make sale of the whole, or any part of said lands, in such way
and manner as may be thought for the benefit of said district, and
the committee thus chosen shall have authority to execute and
deliver deeds accordingly. [March 23, 1836.]

An Act to incorporate the Charlestown Mutual Fire Insurance Company. CllUp. 6-4.

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

Sect. 1. Charles Thompson, James Bird, Jr., and William Persons incor-
Wyman, their associates and successors, are hereby made a corpo- po'^^'^'*-
ration, by the name of the Charlestown Mutual Fire Insurance
Company, in the town of Charlestown, in the county of Middle-
sex, with all the powers and privileges, and subject to all the du- Powers and du-
ties, restrictions and liabilities, set forth in the thirty-seventh and *'^*-
forty-fourth chapters of the Revised Statutes, passed on the R. S. ch. 37. 44.
fourth day of November, in the year one thousand eight hundred

606 1836. Chap. 64—67.

and thirty-five, for the term of twenty-eight years. [JUarch 23,
1836.]

Chap* 65. ^° ^^"^ '° incorporate the " Hinsdale Manufacturing Company."

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :
Persons incor- Sect. 1. Frederick Curtiss, D. M. Hinsdale, and William
porated. Hinsdale, their associates and successors, are hereby made a

manufacturing corporation, by the name of the " Hinsdale
Manufacturing Company," for the purpose of manufacturing cot-
ton and wool, in the town of Hinsdale, in the county of Berk-
Powers and du- shire ; and for this purpose shall have all the powers and privi-
''®^" leges, and be subject to all the duties, restrictions and liabilities,

R. S. ch. 38 44. set forth in the thirty-eighth and fourth-fourth chapters of the
Revised Statutes, passed on the fourth day of November, in the
year one thousand eight hundred and thirty-five.
Real estate and Sect. 2. The said Corporation may hold, for the purposes
capital stock, aforesaid, real estate to the amount of forty thousand dollars, and
the whole capital stock of said corporation shall not exceed the
amount of one hundred thousand dollars. \J\Iarch 23, 1836.]

ChttVt QQ' •'^" Act in addition to an Act to incorporate the Warren Iron and Steel Company.

1835 ch. 86. ^^ ^^ enacted by the Senate and House of Representatives,

in General Court assembled, and by the authority of the same,
as follows :

Sect. 1. The act establishing the Warren Iron and Steel
Company is so far altered, as to enable said company to exercise
their corporate franchise in the counties of Suffolk and Norfolk.

Powers and du- Sect. 2. The said Warren Iron and Steel Company shall
have all the powers and privileges, and be subject to all the du-
ties, restrictions and liabilities, set forth in the thirty-eighth and

R. S. ch. 38. 44. forty-fourth chapters of the Revised Statutes, passed on the
fourth day of November, in the year one thousand eight hundred
and thirty-five. [March 2S, 1836.]

ChttT) 67 '^^ ^^^ '° incorporate the " Ashuelot Manufacturing Company."

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :
Persons incor- Sect. 1. Henry Marsh, G. D. Weston, Walter Tracy,
porate . ^^^ j^jj^jj, aggQgjates and successors, are hereby made a manufac-

turing corporation, by the name of the " Ashuelot Manufacturing
Company," for the purpose of manufacturing cotton and wool in
the town of Dalton, in the county of Berkshire ; and for this
Powers and du- purpose shall havc all the powers and privileges, and be subject
"^''' to all the duties, restrictions and liabilities, set forth in the thirty-

R. S. ch.38.44. eighth and forty-fourth chapters of the Revised Statutes, passed
on the fourth day of November, in the year one thousand eight
hundred and thirty-five.
Real estate and Sect. 2. The said Corporation may hold, for the purposes
capi a stoc . aforesaid, real estate to the amount of fifty thousand dollars, and

1836. Chap. 67—69. 607

the whole capital stock of said corporation shall not exceed the
amount of one hundred and twenty thousand dollars. [March
23, 1836.]

An Act to incorporate the Berkshire Iron Company. ChCLD, 68.

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

Sect. 1. Charles Wood, John Adriance, and W. S. Ste- Persons incor-
vens, their associates, successors and assigns, are hereby made a P"''^^^^-
manufacturing corporation, by the name of the Berkshire Iron
Company, for the purpose of manufacturing iron in the town of
Great Barrington, in the county of Berkshire ; and for this pur- powers and du-
pose shall have all the powers and privileges, and be subject to *'es-
all the duties, restrictions and liabilities, set forth in the thirty- r. s. ch. 38. 44.
eighth and forty-fourth chapters of the Revised Statutes, passed
on the fourth day of November, in the year one thousand eight
hundred and thirty-five.

Sect. 2. The said company may hold, for the purposes Real estate and
aforesaid, real estate to the amount of fifty thousand dollars, and <=^P''^i ^^°'^^-
the whole capital stock of said company shall not exceed the
amount of one hundred and ten thousand dollars. \_March 23,
1836.]

An Act to incorporate the Newburyport Insurance Company. CflCip. 69.

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

Sect. 1. John Merrill, Philip Johnson, and Samuel Pettin- Persons incor-
gell, their associates and successors, are hereby made a corpora- P°^^'^ •
tion, by the name of the Newburyport Insurance Company, to
be located in Newburyport, for the purpose of making maritime
loans, and insurance against maritime losses, and losses by fire,
in the customary manner, with all the powers and privileges, and Powers and du-
subject to all the duties, restrictions and liabilities, set forth in
the thirty-seventh and forty-fourth chapters of the Revised Stat- R s ch.37.44.
utes, passed on the fourth day of November, in the year one
thousand eight hundred and thirty -five, for the term of twenty
years from the passing of this act.

Sect. 2. The said corporation may hold any estate, real or Real estate,
personal, for the use of said company : provided, that the real
estate shall not exceed the value of ten thousand dollars, except-
ing such as may be taken for debt, or held as collateral security
for money due said company.

Sect. 3. The capital stock of said company shall be sev- Capital stock,
enty-five thousand dollars, and shall be divided into shares of one
hundred dollars each, and shall be collected and paid in, in such
instalments, and under such penalties, as the president and direc-
tors of said company shall order and appoint.

Sect. 4. The said company shall be empowered to com- Commencement
mence their business when one half of said capital stock shall of business and

... . , . , '^ limitation ot

have been paid m, bemg restricted to eight per centum on any risks.

608 1836. Chap. 69—72.

[Time extend- One risk : provided, however, that the whole amount of seventy-
ed, I837ch.36.] g^g thousand dollars shall be paid in, within one year from the

passing of this act. [March 25, 1836.] Add. act, 1837

ch. 36.

Chtt'P, 70. An Act to incorporate the Newburyport Silk Company.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :
Persons incor- Sect. I. Hector Coffin, William Bartlett, John Porter,
porate . their associates and successors, are hereby made a corporation,

by the name of the Newburyport Silk Company, for the purpose
of carrying on the business of the culture and manufacture of silk,
in all its branches, in the towns of Newburyport, Newbury and
Powers and du- West Newbury ; and for this purpose shall have all the powers
*'^^' and privileges, and be subject to all the duties, restrictions and

R. S. ch.38. 44. liabilities, set forth in the thirty-eighth and forty-fourth chapters
of the Revised Statutes, passed on the fourth day of November,
in the year one thousand eight hundred and thirty-five.
Real and per- Sect. 2. The said company may hold, for the purposes
sonal estate. aforesaid, real estate, to the amount of forty thousand dollars, and
personal estate to the amount of sixty thousand dollars ; and the
whole capital stock of said company shall not exceed one hun-
dred thousand dollars. [March 25, 1836.]

CtlClT) 7 1 ''^" ^^'^ '^ incorporate the Wincliendon Manufacturing Company.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :
Persons incor- Sect. 1. Eiisha Parks and Thomas Lord, their associates
porated. g^j successors, are hereby made a manufacturing corporation, by

the name of the Winchendon Manufacturing Company, for the
purpose of manufacturing woollen goods in the town of Winchen-
don, within the county of Worcester, and for this purpose shall
Powers and du- have all the powers and privileges, and be subject to all the du-
^'®^- ties, restrictions and liabilities, set forth in the thirty-eighth and

R.S. ch.38. 44. forty-fourth chapters of the Revised Statutes, passed on the
fourth day of November in the year one thousand eight hundred
and thirty-five.
Real estate and Sect. 2. The Said company may hold, for the purposes
capital stock, aforesaid, real estate to the amount of twenty-five thousand dol-
lars, and the whole capital stock of said company, shall not ex-
ceed the amount of seventy-five thousand dollars. [March 25,
1836.]

f^hnn 7^ ■'^^ ^^'^ '° incorporate the IVIunroe Company.

"' ' BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :

Persons incor- Sect. 1. Luther Parks, Israel Thorndike, and John S.

porated. Wright, their associates and successors, are hereby made a man-

ufacturing corporation, by the name of "The Munroe Compa-

1836. Chap. 72—74. 609

ny," for the purpose of manufacturing woollen, cotton and silk

goods and machinery, in the towns of Palmer and Belchertown,

within the counties of Hampden and Hampshire, and for this

purpose shall have all the powers and privileges, and be subject Powers and

to all the duties, restrictions and liabilities, set forth in the thirty- duties.

eighth and forty-fourth chapters of the Revised Statutes, passed R.S. ch. 38. 44.

on the fourth day of November, in the year one thousand eight

hundred and thirty-five.

Sect. 2. The said company may hold, for the purposes Real estate and
aforesaid, real estate to the amount of two hundred and fifty thou- capital stock,
sand dollars, and the whole capital stock of the company shall
not exceed the amount of five hundred and fifty thousand dollars^
[March 28, 1836.]

An Act to authorize the First Congregational Parish in Uuxbury to sell their Ministe- CJldf), 73.
rial Lands. •* *

BE it enacted by the Senate and House of Representatives,
in General Court assembled.) and by the authority of the same,
as follows :

The First Congregational Parish in Duxbury is hereby author- Parish author-
ized, by their treasurer for the time being, or by a committee ap- isreHaUands!""
pointed for the purpose, to sell, either at public or private sale,
as the parish shall think best, and to pass deeds to convey, all the
ministerial lands belonging to said parish, the proceeds thereof to investment of
be safely invested in such manner as the parish shall direct, the app^fc^atfonof
annual income of such proceeds, and no part of the principal sum, income.
to be applied forever to the support of the ministry in said par-
ish : provided, that the minister or ministers of said parish, for
the time being, shall concur with the parish in making such sale,
and shall join in the deed or deeds of conveyance. [J\Iarch
28, 1836.]

An Act to incorporate the Boston and Roxbury Patent Leather and Cloth Company . f^hfivt "J A.

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

Sect. 1. John Haskins, Josiah Pierce, Otis Rich, and their Persons incor-
associates and successors, are hereby made a manufacturing corpo- P^''^'^^-
ration, by the name of the " Boston and Roxbury Patent Leather
and Cloth Company," for the purpose of carrying on the busi-
ness of manufacturing patent leather, and patent japanned cloth,
and other japanned articles, in the town of Roxbury, and for this
purpose, shall have all the powers and privileges, and be sub- Powers and
ject to all the duties, restrictions and liabilities, set forth in the <i"ties.
thirty-eighth and forty-fourth chapters of the Revised Statutes, R. S. ch. 38. 44.
passed on the fourth day of November, in the year one thou-
sand eight hundred and thirty-five.

Sect. 2. The said corporation may hold, for the purposes Real estate and
aforesaid, real estate to the amountof twenty-five thousand dollars, *^^^"* ^'"'^ "
and the whole capital stock of said corporation shall not exceed
seventy-five thousand dollars. [March 28, 1836.]

VOL. VII. 77

610 1836. Chap. 75—77.

C^hftn 7^ An Act to incorporate (he Brown Woollen Mills.

"' ' BE it enacted by the Senate and House of Representatives^
in General Court assembled, and by the authority of the samej
as foIloiDs :
Persons incor- Sect. 1. Arthur French, Edward H. Robbins, and John S.
porate . Wright, their associates and successors, are hereby made a man-

ufacturing corporation, by the name of the " Brown Woollen
Mills," for the purpose of manufacturing cotton and wool, in the
town of Millbury, in the county of Worcester, and for this pur-
Powers and du- pose shall have all the powers and privileges, and be subject to
*'^^' all the duties, restrictions, and liabilities set forth in the thirty-

R. S. ch.38.44. eighth and forty-fourth chapters of the Revised Statutes, passed
on the fourth day of November, in the year one thousand eight
hundred and thirty-five.

0 J J ^ J Sect. 2. The said corporation may hold, for the purposes
capital stock, aforesaid, real estate to the amount of fifty thousand dollars, and

the whole capital stock of said corporation shall not exceed the
amount of one hundred and fifty thousand dollars. [March 28,
1836.]

C^hnn 7fi An Act to increase the Capital Stock of the Naumkeag Bank.

1830 h 100 ^^ ^^ enacted by the Senate and House of Representatives,

in General Court assembled, and by the authority of the same,
as folloios :

Increase of cap- Sect. 1. The president, directors and company of the Naum-

'ta'- keag Bank, are hereby authorized to increase their present capi-

tal stock, by an addition of three hundred thousand dollars, in
shares of one hundred dollars each, which shall be paid, in such
instalments, as the president and directors of said bank may di-

Proviso. rect and determine : provided, that the whole amount shall be

paid on or before the first day of October next.

.,,... , Sect. 2. The additional stock aforesaid shall be subject to

Additional , ,., , . . • , . • i • i i

stock subject to the like tax, regulations, restrictions and provisions, to which the
tax, &c. present capital stock of said corporation is now subject.

Sect. 3. Before the said corporation shall proceed to do bu-
siness upon said additional capital, a certificate, signed by the
president and directors, and attested by the cashier, that the same
has been actually paid in to said bank, shall be returned into the
office of the secretary of the Commonwealth. [^March 30,
1836.]

f^hnn 77 -^'^ ^^^ *" increase the Capital Stock of the Warren Bank in Danvers.

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

1 e Sect. 1. The president, directors and company of the War-
increase of cap- T-. 1 • T~v ^ 11 I • I • I •

ital. ren Bank in Danvers, are hereby authorized to increase their pre-

sent capital stock, by an addition thereto, of sixty thousand dollars,
in shares of one hundred dollars each, which shall be paid, in
such instalments as the president and directors of said bank may

Proviso. direct and determine. Provided, that the whole amount shall be

paid in, on or before the first Monday in October next.

Certificate.

1836. Chap. 77—79. 611

Sect. 2. The additional stock aforesaid shall be subject to Additional
the like tax, regulations, restrictions and provisions to which the t^'^'y"''''^*^' '°
present capital stock of said corporation is now subject.

Sect. 3. Before said corporation shall proceed to do busi- Certificate,
ness upon said additional capital, a certificate signed by the pre-
sident 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 the Commonwealth. [JUarch 30,
1836.]

An Act to increase the Capital Stock of the Merrimack Bank. Kylldp. 78.

BE it enacted by the Senate and House of Representatives^ 1814 ch. 53. 38.
in General Court assembled, and by the authority of the same, \^Iq ^}J' 53"
as follows : 1832 ch! 71.'

Sect. 1. The president, directors and company of the increase of cap-
Merrimack Bank, are hereby authorized to increase their present ' ^ '
capital stock, by an addition thereto of ninety thousand dollars,
in shares of one hundred and fifty dollars each, which shall be
paid, in such instalments as the president and directors of said
bank may direct and determine. Provided, that the whole Proviso,
amount shall be paid in, on or before the first Monday of October
next.

Sect. 2. The additional stock aforesaid shall be subject to Additional
the like tax, regulations, restrictions and provisions to which the siock subject to

■ I1/--1 ■ • |. tax, &c.

present capital stock ot said corporation is now subject.

An Act to incorporate the Norfolk Granite Company. CflCip, 79.

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

Sect. 1. Thomas Butler, William Curtis Atwell, Richard Persons incor-
Henry Atw^ell, and Samuel L. Knapp, and their associates and P°''^*®'^-
successors, are hereby made a manufacturing corporation, by the
name of the Norfolk Granite Company, for the purpose of quar-
rying, hammering, cutting, manufacturing and vending granite
stone, in Quincy, in the county of Norfolk, and in Boston, in
the county of Suffolk, and for this purpose shall have all the Powers and du-
powers and privileges, and be subject to all the duties, restric- *'^^-
tions and liabilities set forth in the thirty-eighth and forty-fourth R. S. ch.38.44.
chapters of the Revised Statutes, passed on the fourth day of
November, in the year one thousand eight hundred and thirty-
five.

Sect. 2. The said corporation may be lawfully seized and Real estate and
possessed of such real estate as may be necessary and conveni- *^^^' ^ * "'^ *
ent for the purposes aforesaid, not exceeding the value of twenty-
five thousand dollars, and the whole capital stock of said corpo-

612 ' 1836. Chap. 79—82.

ration shall not exceed the sum of one hundred and fifty thousand
dollars. [March 30, 1836.]

Ch(JlV> 80. ^° ^^"^ *° incorporate the Proprietors of the First Freewill Baptist Meeting-house in
■* * * Lowell.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :
Persons incor- Nathaniel Thurston, Samuel Folsom, and Abram S. Hol-
porae . brook, their associates and successors, are hereby made a corpo-

ration, by the name of the Proprietors of the First Freewill Bap-
Powers and du- tjg^ Mceting-house in Lowell, with the rights and privileges, and
*'^*' subject to the duties and liabilities incident to religious societies

Real and per- in this Commonwealth, and with power to hold real and personal
sonal estate. estate, the annual income of which, exclusive of such meeting-
house as they may erect, with the land under and appurtenant to
the same, shall not exceed one thousand dollars : provided, the
same shall be appropriated exclusively to parochial purposes.
[JUarch 30, 1836.]

Cyhttpm ol. An Act to set off a part of the town of Truro, and annex the same to the town of
Provincetown.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :
Persons and ^'^ ^^^^t part of the town of Truro, in the county of Barnsta-

landssetoff. ble, which was originally run out, and known as the fourth lot,
with the fifth, sixth, and seventh lots in the westerly part of said
Truro, together with all the inhabitants on said lots, are hereby
set off and separated from said Truro, and annexed to and made
Taxes. a part of the town of Provincetown ; provided, however, that said

inhabitants, so set off, shall be liable to pay all taxes that have
been legally assessed on them by said town of Truro, in the
same manner as if this act had not been passed ; and provided,
further, that until a new valuation of polls and estates shall be
taken and made, the said town of Provincetown shall be liable
to pay over to the town of Truro all such sums of money as
shall be levied and collected from the inhabitants set off as afore-
Whenthis act said, as their proportion of the state and county taxes. This
effecV^*^^ act shall take effect from and after the fifteenth day of Novem-

ber next, unless the inhabitants of Provincetown shall, in a legal
town meeting, held prior to that time, vote not to accept the
same. [March 30, 1836.]

f^hnn 82 ■^" ^^^ '° authorize the First Parish in Bradford to sell Ministerial Lands.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
as follows :
Parish author- The First Parish in Bradford are hereby authorized to sell,

ized to sell min- ju^u*.. r i • ^ • "^ > •

isterial lands, and by their treasurer lor the time being, or by a committee
chosen for the purpose, to pass deeds to. convey any part, or
the whole of the ministerial lands of said parish, lying in said

Appropriation town of Bradford, and the proceeds thereof shall be added to

of income. *

1836. Chap. 82—83. 613

their parish funds, and the interest of such proceeds applied
towards the support of the ministry in said parish, agreeably to
the provisions of " an act to incorporate certain persons as trus- isosch. 76.
tees of a fund for the support of a congregational gospel minister (v. 3. p. 299.)
in the first parish in Bradford, in the county of Essex," passed
the tenth day of February, in the year one thousand eight hun-
dred and four : provided the minister of said parish shall give
his assent to such sale, by joining in the deed or deeds of con-
veyance. [March 30, 1836.]

An Act to incorporate the Rock Harbor River Company in Orleans and Eastham. CJlCLXft 83.

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

Sect. 1. Oliver Smith, Sparrow Horton, Jonathan Rogers, Persons incor-
their associates and successors, are hereby made a corporation, P°i^'^ ■
by the name of the Rock Harbor River Company, with all the Powers and
powers and privileges, and subject to all the duties, restrictions and ^""es-
liabilities contained in the forty -fourth chapter of the Revised R. S. ch. 44.
Statutes, passed on the fourth day of November, in the year one
thousand eight hundred and thirty-five.

Sect. 2. The said corporation shall be capable in law to Boundaries of
have, hold and possess in fee simple, leasehold, or otherwise, all ^^^ ^^
or any part of that certain real estate, situated in said Orleans and
Eastham, commencing at a rock on the southborder of said river,
being the boundary line between the said towns of Orleans and
Eastham, and extending thence due north across said river, to a
bound six rods from said river ; thence extending northwest-
wardly over the beach and sedge ground parallel widi said river,
and six rods from the same, to a point forty rods to the westward
of the sedge ground ; thence due south eighteen rods ; thence
southeastwardly, parallel with the said river, and six rods from
the same, to the town road ; thence eastwardly by the north side
of said road, to a point due south of the first mentioned bound ;
thence due north to the first mentioned bound, with all the rights,
privileges and appurtenances thereunto belonging : provided, the
lawful owners of the said property shall legally convey the same to
the said Rock Harbor River Company ; and the said company Company may
shall have authority to build a dam across said river, on the east and'^w^ar^s
end of the premises aforesaid, with a gate or gates to the same, &c.
and a sluice way, with authority to stop the water in the river
above the dam, at high tides, and to let it off at low tides, as they
may deem expedient. And the said corporation shall have au-
thority to build a wharf or wharves, and maintain the same, on
the borders of the said river, as they may deem expedient, and
to lay vessels at the side and ends thereof, and to receive dock-
age and wharfage therefor; and also to grant, sell and alien, in fee
simple, or otherwise convey their corporate property, or any part
thereof, within the above described limits, and to lease, manage
and improve, build, re-build, pull down and alter the same, also
to remove, construct, erect, alter or repair any dam-gate, sluice-
way, buildings, wharves, docks, passage ways, and straighten and

614

1836.-

■Chap. 83—85.

Proviso.
Shares.

deepen said river within the said limits, according to their pleas-
ure, by such forms of conveyance and contract as shall by their
by-laws be provided : provided^ that this act shall in no wise in-
terfere with the legal rights of any person or persons whatsoever.

Sect. 3. Said corporation, 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 and fifty,
and agree upon the form of the certificates to be given to the pro-
prietors, which shares shall be deemed and considered as per-
sonal estate, and shall be transferable by assignment on the back
of the certificate, recorded by the clerk of the corporation in a
book to be kept for that purpose, and shall be liable to attach-
ment on mesne process, and sale on execution, in the same man-
ner, and according to the statutes making provision for attach-
ment and sale of shares of debtors in corporate companies.

Sect. 4. The said corporation shall have authority, from
time to time, to assess on the stockholders such sums of money,
not exceeding fifty dollars in the whole on each share, for the
purchase, improvement and good management of their estate.
[March 30, 1836.]

An Act to incorporate the Dwight Company.

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

Sect. 1. Charles Stearns, George Bliss, and William
Dwight, their associates and successors, are hereby made a corpo-
ration, by the name of " The Dwight Company," for the purpose
of manufacturing locomotive and other steam engines, machinery
and cotton and woollen goods, in the town of Springfield, in the
county of Hampden, and for this purpose shall have all the pow-
ers and privileges, and be subject to all the duties, restrictions and
R. S. ch.38.44. liabilities, set forth in the thirty-eighth and forty-fourth chapters of
the Revised Statutes, passed on the fourth day of November,
in the year one thousand eight hundred and thirty-five.

Sect. 2. The said Company may hold, for purposes afore-
said, real estate to the amount of one hundred thousand dollars,
and the whole capital stock of said company shall not exceed
three hundred thousand dollars. [JMarch 30, 1836.]

Assessments.

Chap. 84.

Persons incor-
porated.

Powers and
duties.

Real estate and
capital stock.

Chap. 85.

Extension of
wharf author-
ized.

An Act authorizing John Hood to extend his Wharf in Somerset.

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

.John Hood, of Somerset, is hereby authorized to extend his
wharf in Somerset, called the Try-house Wharf, into Taunton
river, any distance not exceeding one hundred feet beyond its
present limits : provided, such extension shall not affect the
private rights of any other person. [March 30, 1836.]

1836. Chap. 86—88. 615

An Act to increase the Capital Stock of tlie Wrentham Bank. f^hflTI 86

BE it enacted hv the Senate and House of Representatives^ in ,00=, ^ .«,

^ , ^ '^ , , 7 11^; ^1 ■ r 7 1832 ell. 121.

ueneral Court assembled, and by the authority oj the same,
as follows :

Sect. 1. The President, Directors and Company of the increase of cap-
Wrentham Bank are hereby 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 Proviso,
whole amount shall be paid in, on or before the first Monday of
October next.

Sect. 2. The additional stock aforesaid shall be subject to Additional
the like tax, regulations, restrictions and provisions, to which the to°t'aV&c^*^'
present capital stock of said bank is now subject.

Sect. 3. Before said corporation shall proceed to do busi- Certificate,
ness upon said additional capital, a certificate, signed by the pres-
ident and directors, and attested by the cashier, that the sai«e has
been actually paid into said bank, shall be returned into the ofiice
of the secretary of the Commonwealth. [March 31, 1836.]

An Act to increase the Capital Stock of the Beverly Bank. C^hftn 87

BE it enacted by the Senate and House of Representatives, in .gig h 4i
General Court assembled, and by the authority of the same, isuch. 94!
as folloivs : 1830 ch. 58.

Sect. 1. The President, Directors and Company of the increase of cap-
Beverly Bank are hereby authorized to increase their present '^'''•
capital stock, by an addition of twenty-five thousand dollars, in
shares of sixty-two dollars and fifty cents each, which shall be
paid, in such instalments as the president and directors of said
bank may direct and determine : provided, that the whole amount Proviso.
shall be paid, on or before the first day of October next.

Sect. 2. The additional stock aforesaid shall be subject to Additional
the like tax, regulations, restrictions and provisions, to which the stock subject to

•. 1 ^ I f • 1 • • 1 • tax, &c.

present capital stock or said coi-poration is now subject.

Sect. 3. Before the said corporation shall proceed to do Certificate,
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 the Commonwealth. [JWarch 31,
1836.]

An Act to incorporate the Essex Printing' Company. f^hnn RS

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

Sect. I. Daniel Hastings, Jonathan Howard and William Persons incor-
H. Tileston, their associates and successors, are hereby made a P*""^'^^-
manufacturing corporation, by the name of the " Essex Printing
Company," for the purpose of printing, dyeing and bleaching
cotton, woollen, silk and other fabrics, in the town of Lynn, in

616 1836. Chap. 88—91.

Powers and the county of Essex, and for this purpose shall have all the pow-
duties. gj,g gi^j privileges, and be subject to all the duties, restrictions and

R. S. ch, 38. 44. liabilities, set forth in the thirty-eighth and forty-fourth chapters
of the Revised Statutes, passed on the fourth day of November,
in the year one thousand eight hundred and thirty-five.
Real estate and Sect. 2. The Said corporation may hold, for the purposes
capital stock, aforesaid, real estate to the amount of seventy-five thousand dol-
lars, and the whole capital stock of said corporation shall not ex-
ceed the amount of two hundred and twenty-five thousand dollars.
[March 31, 1836.]

r^Urtnn QQ All AcT authorizinff Beniatnin Ellis to extend his Wharf, on the Wankinco River, in
Chap. Oy. warehatn.

BE it enacted by the Senate and House of Representatives y

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

as follows :

B. Ellis author- Benjamin Ellis is hereby authorized to extend his wharf, in

ized to extend \Ya,.eham, situate on the Wankinco river, between the wharves

his wfaari. ' _^ iti*t-»iii r •

of Barnabas Hedge, and John A. Jrarker and others, so lar mto
said river, as to form a right line from the exterior corner of each
of the two last named wharves : provided, that such extension
shall not infringe on the legal rights of others. [March 31 , 1836.]

ChcLT) 90 ^^ ^^^ authorizing Barnabas Hedge to extend his Wharf, on the Wankinco River, in
-T* * Wareham.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :
B. Hedge au- Barnabas Hedge is hereby authorized to extend his wharf, sit-
thorized to ex- ^gjg q„ ^\^q Wankinco river, in Wareham, so far into said river,
as to be in a straight line with that part of said wharf which the
said Hedge purchased of Perez F. Briggs : provided, such ex-
tension shall not infringe on the legal rights of others. [March
31, 1836.

Chnil 91 An Act to increase the Capital Slock of the Fall River Bank.

1824. ch 135 ^-^ ^^ enacted by the Senate and House of Representatives,

1826 ch. 125. in General Court assembled, and by the authority of the same,
1830 ch. 58. 89. as follows :

Increase of cap- Sect. 1. The President, Directors and Company of the Fall
River Bank, are hereby authorized to increase their present
capital stock, by an addition thereto of two hundred thousand
dollars, in shares of one hundred dollars each, which shall be
paid, in such instalments as the president and directors of said

Proviso. bank may direct and determine : provided, that the whole amount

shall be paid in, on or before the first Monday in October next.

Additional Sect. 2. The additional slock aforesaid shall be subject to

tir'&c''"'^*^'^ *° ^^® ^''^^ *^^' I'egulations, restrictions and provisions, to which the
present capital stock of said corporation is now subject.

Certificate. Sect. 3. Before said corporation shall proceed to do busi-

ness 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

1836. Chap. 91—93. 617

office of the secretary of the Commonweahh. [March 31,
1836.]

An Act to increase the Capital Stock of the Merchants Bank, in Boston. CHcLt), 92

BE it enacted by the Senate and House of Representatives, in isso ch. 133.
General Court assembled, and by the authority of the same, 1832 ch. 68.
as follows :

Sect. 1. The President, Directors and Company of the increase of cap-
Merchants Bank, in Boston, are hereby authorized to increase "^''
their capital stock, by an addition of seven 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 deter-
mine : provided, however, that three hundred and seventy-five Proviso,
thousand dollars of said additional capital, the full amount of three
thousand seven hundred and fifty shares, shall be paid in, on or
before the tenth day of April next, and the residue on or before
the tenth day of October next.

Sect. 2. The additional stock aforesaid shall be subject to Additional
the like tax, regulations, restrictions and provisions, to which the stock subject to
present capital stock of said corporation is now subject. '

Sect. 3. Before the said corporation shall proceed to do Certificate,
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. [JMarch
31, 1836.]

An Act to increase the Capital Stock of the Bank of Brighton. CKcLD 93

BE it enacted by the Senate and House of Representatives, 1832 ch. 114.
in General Court assembled, and by the authority of the same,
as follows :

Sect. 1. The President, Directors and Company of the increase of cap-
Bank of Brighton, are hereby authorized to increase their capital *'^'-
stock by an addition of 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 Proviso.
whole amount shall be paid in, on or before the first day of Oc-
tober next.

Sect. 2. The additional stock aforesaid shall be subject to Additional
the like tax, regulations, restrictions and provisions, to which the ta^'&c'''^^^' *°
present capital of said corporation is now subject.

Sect. 3. Before said corporation shall proceed to do busi- Certificate,
ness 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 the bank, shall be returned into
the office of the secretary of the Commonwealth. [March
31, 1836.]

VOL. VII. 78

618 1836. Chap. 94—96.

ChaV' 9-4. ^" ■^^^'^ '■° '"Crease the Capital Stock of the Hampshire Manufacturers' Bank.

1824 eh. 149. ^^ ^^ enacted by the Senate and House of Representatives,

1830 eh. 58. in General Court assembled, and by the authority of the same,
as follows :

Increase of cap- Sect. 1. The President, Directors and Company of the
Hampshire Manufacturers' Bank, are hereby authorized to in-
crease their 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 time, as the president and

Proviso. directors of said bank may direct and determine : provided, how-

ever, that the whole amount shall be paid in, on or before the
first day of October next.

Additional Sect. 2. The additional stock aforesaid shall be subject to

tax^&c" ^^ the like tax, regulations, restrictions and provisions to which the
present capital of said corporation is now subject.

Certificate. Sect. 3. Before said corporation shall proceed to do busi-

ness 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 the bank, shall be returned into
the office of the secretary of the Commonwealth. [J\Iarch
31, 1836.]

f^hf/n Q^ A" -Act to increase the Capital Stock of the Rail-road Bank.

1830 ch 143 ^^ *^ enacted by the Senate and House of Representatives,

1832 ch. 70. in General Court assembled, and by the authority of the same,
1834 ch. 80. as follows:

Increase of cap- Sect. 1. The President, Directors and Company of the

"^'' Rail-road Bank, are hereby authorized to increase their present

capital stock by an addition thereto, of three hundred thousand

dollars, in shares of one hundred dollars each, which shall be

paid, in such instalments as the president and directors of said

Proviso. bank may direct and determine : provided, that the whole amount

shall be paid in, on or before the first Monday in October next.

Additional Sect. 2. The additional stock aforesaid shall be subject to

tax'^'&c''^^*^* '° ^^^^ ^''^^ ^^^'> J'egulations, restrictions and provisions to which the

present capital stock of said corporation is now subject.
Certificate. Sect. 3. Before said corporation shall proceed to do busi-

ness 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 the Commonwealth. [JWarch
31, 1836.J

y->ri Qn An Act to increase the Capital Stock of the Hingham Bank.

h\ ' ^^ ^^ enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :
incarase of cap- Sect. 1. The President, Directors and Company of the
ital- Hingham Bank, are hereby authorized to increase their present

capital stock by an addition of fifty ihou.sand dollars thereto, in
shares of one hundred dollars each, which shall be paid, in such
instalments, and at such time, as the president and directors of

1836. Chap. 96—98. ^ 619

said bank may direct and determine : provided, however, that the Proviso,
whole ainoLitit shall be paid in, on or before the first day of Oc-
tober next.

Sect. 2. The additional stock aforesaid shall be subject to Additional
the like tax, regulations, restrictions and provisions to which the to°tax^&c^*^'
present capital of said corporation is now subject.

An Act to increase the Capital Stock of the Andover Bank. Chfin 97

BE it enacted by the Senate and House of Representatives, in 1823 ch. 161.
General Court assembled, and by the authority of the same, IH^'^^'H'

as follows : 1833 ch! 150.

Sect. 1. The President, Directors and Company of the increase of cap-
Andover Bank are hereby authorized to increase their present ''^*'-
capital stock, by an addition of one hundred thousand dollars, in
shares of one hundred dollars each, which shall be paid, in such
instalments as the president and directors of said bank may direct
and determine : provided, that the whole amount shall be paid,
on or before the first day of October next.

Sect. 2. The additional stock aforesaid shall be subject to Additional
the like tax, regulations, restrictions and provisions, to which the stock subject
present capital of said corporation is now subject. '

An Act to increase the capitnl stock of the Lynn Mechanics' Bank. f^hnn Qft

BE it enacted by the Senate and House of Representatives, 1813 ch! 193.
in General Court assembled, and by the authority of the same, I8i4ch. 145.
as follows: llnlm.

Sect. 1. The President, Directors and Company of the 1830 ch. 58.
Lynn Mechanics' Bank are hereby authorized to increase their increase of cap-
present capital stock, by an addition thereto of one hundred thou- "^'"
sand dollars, in shares of one hundred dollars each, which shall
be paid, in such instalments as the president and directors of
said bank may direct and determine : provided, that the whole
amount shall be paid in, on or before the first day in October
next.

Sect. 2. The additional stock aforesaid shall be subject to Additional
the like tax, regulations, restrictions and provisions, to which the stock subject
present capital stock of said corporation is now subject. '

Sect. 3. Before said corporation shall proceed to do bu- Certificate,
siness upon said additional capital, a certificate, signed by the
president and directors, and attested by the cashier, that the

620 1836. Chap. 98—101.

same has been actually paid into said bank, shall be returned into
the office of the secretary of the Commonwealth. [March 31,
1836.]

ChWD' 99. •'^^ ^^'^ '° incorporate the Westfield Paper Mills.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :
Persons incor- Sect. 1. A. B. Whitman, Matthew Ives, Jr., and Hiram
poraied. Harrison, their associates and successors, are hereby made a

manufacturing corporation, for the purpose of manufacturing pa-
per, in the town of Westfield, within the county of Hampden,
Powers and du- and for this purpose shall have all the powers and privileges, and
*'®^' be subject to all the duties, restrictions and liabilities, set forth in

R. S. ch. 38. 44. the thirty-eighth and forty-fourth chapters of the Revised Stat-
utes, passed on the fourth day of November, in the year one
thousand eight hundred and thirty-five.
Real estate and Sect. 2. The Said company may hold, for the purposes afore-
capital slock, ggjj^ j.pgj estate to the amount of ten thousand dollars, and the
whole capital stock of said company shall not exceed twenty
thousand dollars. [March 31, 1836.]

ChCLt) 100 "^^ ^^^ ^° incorporate the American Stationers Company.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :
Persons incor- Sect. 1. Edwin Shepard, Lemuel Shuttuck and James
porated. Ballard, their associates and successors, are hereby made a man-

ufacturing corporation, by the name of the "American Stationers
Company," for the purpose of manufacturing type, stereotype
plates, and books, and carrying on the business thereof, in the
Powers and county of Suffolk, and for this purpose shall have all the powers
duties. gi^ J privileges, and be subject to all the duties, restrictions and lia-

R. s. ch.38.44. bilities, set forth in the thirty-eighth and forty-fourth chapters of the
Revised Statutes, passed on the fourth day of November, in the
year one thousand eight hundred and thirty-five.
Real estate and Sect. 2. The said corporation may hold, for the purposes
capital stock, gforesaid, real estate to the amount of seventy-five thousand dol-
lars, and the whole capital stock of said corporation shall not
exceed the amount of two hundred thousand dollars. [March
31, 1836.]

C^hnn 101 ^° ^^"^ '° increase the Capital Stock of the Bank of General Interest in Salem.

1830 ch 101 ^^ ^^ enacted by the Senate and House of Representatives,

in General Court assembled, and by the authority of the same,
as follows :
Increase of cap- Sect. 1. The President, Directors and Company of the
'*^' Bank of General Interest in Salem, are hereby authorized and

empowered to increase their capital stock, by an addition of two
hundred 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-

1836. Chap. 101—104. 621

mine : provided^ that the whole shall be paid in, on or before the
tenth day of October next.

Sect. 2. The additional stock aforesaid shall be subject to Additional
the like tax, regulations, restrictions and provisions, to which the ^o°tax^&c!*^'
present capital stock of said corporation is now subject.

An Act to incorporate the Nashua River Mutual Fire Insurance Company. CJldX) 1 02.

BE it enacted by the Senate and House of Represenlatives,
in General Court assembled, and by the authority of the same,
as follows :

David Child, Thomas A. Staples and Oliver Sheple, their Persons incor
associates and successors, are hereby made a corporation, by P"""^'^
the name of Nashua River Mutual Fire Insurance Company, in
the town of Groton, in the county of Middlesex, wiili all the Powers and
powers and privileges, and subject to all the duties, restrictions ""^^'
and liabilities, set forth in the thirty-seventh and forty-fourth chap- R- S.ch.37. 44.
ters of the Revised Statutes, passed on the fourth day of Novem-
ber, in the year one thousand eight hundred and thirty-five, for
the term of twenty-eight years. [^March 31, 1836.]

An Act to authoiize the First Parish in Walertown to taxthe pews in their nieetiiig- Lyflfip l\JO»
house.

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

The First Parish or Congregational Society in Watertown is Assessments
hereby authorized to assess upon the pews in any meeting-house "P°\^ p^^^ *"'
which said parish may hereafter build, or which may be hereafter
conveyed to said parish, for the purposes of public worship, re-
cording to a valuation of said pews, which shall first be agreed
upon by said parish, and recorded, any sum or sums of money
which shall hereafter be voted to be raised by said parish, for
the support of public worship, and other parochial charges, and
for the repairs of such meeting-house, and all such assessments Collection of
may be collected in the manner provided by the thirty-second, assessments,
thirty-third and thirty-fourth sections of the twentieth chapter of r. s. ch. 20
the Revised Statutes, passed the fourth day of November, in the
year one thousand eight hundred and thirty-five. [March 31,
1836.]

An Act authorizing the Mechanics' Wharf Company, in New Bedford, to build a CflCiplO'4rt
bridge or bridges.

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

The Mechanics' Wharf Company, in the town of New Bed- Company may
ford, are hereby authorized to locate and construct a bridge or b^Xer^

622

1836.-

■Chap. 104—106.

Location.

Draws.

Chap 1 05.

I'ersous incor-
porated.

Powers aud du-
ties.

R. S. ch.38. 44.

Real estate and
capital stock.

ChaplOQ.

Dover incorpo-
rated.

Powers and du-
ties.

R. S.

Town officers.

Property and
debts.

bridges across the water which separates the property of said
company from the land on the south thereof; said bridge, or
bridges, to be located at the foot of a lane leading to the channel of
the AcLishnet river : provided, the said company shall first obtain
the consent of the proprietors of the land : and provided, fur-
ther, that said company shall make and keep in repair, in said
bridge or bridges, good and sufficient draws, of the necessary
width to accommodate all vessels which may have occasion to
pass the same, and shall at all times raise said draws, and afford
all proper facilities to vessels passing the same. [JMarch 31,
1836.]

An Act to incorporate the Concord River Company.

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

Sect. 1. Horatio W. Hastings, Joel Stone, Jr., John
Whitney, and their associates and successors are hereby made a
manufacturing corporation, by the name of the " Concord River
Company," for the purpose of manufacturing cotton and woollen
goods in the town of Lowell, within the county of jNIiddlesex ;
and for this purpose shall have all the powers and privileges,
and be subject to all the duties, restrictions and liabilities set
forth in the thirty-eighth and forty-fourth chapters of the Revised
Statutes, passed on the fourth day of November, in the year one
thousand eight hundred and thirty-five.

Sect. 2. The said corporation may hold, for the purposes
aforesaid, real estate to the amount of fifty thousand dollars, and
the whole capital stock of said corporation shall not exceed the
amount of one hundred thousand dollars. [J\larch 31, 1836.]*

An Act to incorporate the town of Dover.

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

Sect. 1. The territory now known as the district of Dover,
in the county of Norfolk, is hereby made a town by the name of
Dover, and as such, shall have all the powers and privileges, and
be subject to all the duties and liabilities of similar corporations,
as set forth in the Revised Statutes, passed on tlie fourth day of
November, in the year one thousand eight hundred and thirty-
five.

Sect. 2. The present officers of the district of Dover shall
perform all the duties, and be subject to all the liabilities of town
officers, in their several offices, until, at a legal meeting of the
inhabitants of said town, called for that purpose, a new election
shall be had.

Sect. 3. All the property, of every description, now be-
longing to the district of Dover, shall hereafter", to all intents and
purposes, be the property of said town, and all the debts, liabili-
ties and obligations now existing against or upon said district, shall

1836. Chap. 106—109. 623

continue in force against, and be binding upon said town of
Dover.

Sect. 4. This act shall be wholly void and of no effect, un- When this act
less the inhabitants of said district of Dover, at a legal meeting shall take effect,
called for that purpose, within ninety days from the passage of
this act, shall accept the same. [March 31, 1836.]

An Act to increase the Capital Stock of the Phoenix Bank. C/lfll) 1 07

BE it enacted by the Senate and House of Representatives, i832 eh. 126.
in General Court assembled, and by the authority of the same,
as folloics :

Sect. 1. The President, Directors and Company of the Increase of
Phoenix Bank, are authorized 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 as the president and directors of said
bank may direct and determine : provided, that the w hole amount
shall be paid in, on or before the tenth day of October next.

Sect. 2. The additional stock aforesaid shall be subject to Additional
the like tax, regulations, restrictions and provisions to which the ^'■°'^^ subject

; o 7 ^ _ r ^ jQ lax, &c.

present capital stock of said bank is now subject.

Sect. 3. Before said corporation shall proceed to do busi- Certificate,
ness upon said additional capital, a certificate, signed by the pres-
ident 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 the Commonwealth. [March 31, 1836.]

An Act to incorporate the Atlantic Silk Company. C^hf/T) 1 08

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authonty of the same,
as follows :

Sect. 1. William H. Gardner, Samuel B. Tuck, and Wil- Persons incor-
liam Coffin, their associates and successors are hereby made a po^ated.
manufacturing corporation, by the name of the Atlantic Silk Com-
pany, for the production and manufacturing of silk in the county
of Nantucket, and for these purposes, shall have all the powers Powers and du-
and privileges, and be subject to all the duties, restrictions and ^'^^■
liabilities, set forth in the thirty-eighth and forty-fourth chapters R. s. ch. 38. 44.
of the Revised Statutes, passed on the fourth day of November,
in the year one thousand eight hundred and thirty-five.

Sect. 2. The said corporation may hold, for the purposes Real estate and
aforesaid, real estate to the amount of sixty thousand dollars, and c«P"ai stock,
the whole capital stock of said corporation shall not exceed the
amount of one hundred thousand dollars. [March 31, 1S36.]

An Act to establish the Neponset Bank. C^hnT) 1 OQ

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

Sect. 1. Adam Kinsley, Frederick W. Lincoln, James persons incor-
Dunbar, their associates and successors, are hereby created a cor- porated.
poration by the name of the President, Directors and Company

624 1836. Chap. 109—111.

of the Neponset Bank, to be established in the South Village in
Canton, and shall so continue until the first day of October, in
the year one thousand eight hundred and fifty-one, and shall be
Powers and entitled to all the povvers and privileges, and subject to all the
duties. duties, liabilities and requirements, contained in the thirty-sixth

R. S. ch. 36. chapter of the Revised Statutes, passed on the fourth day of No-
vember, in the year one thousand eight hundred and thirty-five.
Transferor Sect. 2. The stock in said bank shall be transferable only at

^'■"'^^- its banking house and in its books.

Capital stock. Sect. 3. The capital slock of said corporation shall consist
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 may direct : provided, the whole
be paid in, on or before the first day of January next. [JMarch
31, 1836.]

f^hnn 110 ^" ■^'^'^ '° increase the Capital Stock of the Cohannet Bank.

1828 ch. 126. BE it enacted by the Senate and House of Representatives,

1830 ch. 139. ^^ General Court assembled, and by the authority of the same,

as follows :
ncrease of Sect. 1. The President, Directors and Company of the

capital. Cohannet Bank are hereby authorized to increase their present

capital stock, by an addition thereto of one hundred thousand dol-
lars, in shares of one hundred dollars each, which shall be paid,
in such instalments as the president and directors of said bank may
direct and determine : provided, that the whole amount shall be
paid in, on or before the first Monday in October next.
Additional Sect. 2. The additional stock aforesaid shall be subject to

tax''&c''"'^*''^ '"^ the like tax, regulations, restrictions and provisions to which* the

present capital stock of said corporation is now subject.
Certificate. Sect. 3. Before said corporation shall proceed to do busi-

ness upon said additional capital, a certificate, signed by the pres-
ident 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 the Commonwealth. [.MarcA 31, 1836.]

CllCip 111. An Act to establish the Village Bank.

BK it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :

PeKons incor- Sect. 1. John Page, Moses Black, and Elias Putnam,
their associates and successors, are hereby created a corporation,
by the name of the President, Directors and Company, of the
Village Bank, to be established at Porter's Plain, so called, in
Danvers, and shall so continue until the first day of October, in
the year 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 the thirty-sixth

R. s. ch.36. chapter of the Revised Statutes, passed the fourth day of No-
vember, in the year one thousand eight hundred and thirty-five.

Transfer of Sect. 2. The stock in said bank shall be transferable only

porated.

Powers and du-
ties.

stock. at its banking house, and in its books.

1836. Chap. 111—113. 626

Sect. 3. The capital stock of said corporation shall consist Capital stock,
of one hundred and twenty thousand dollars, to be divided into
shares of one hundred dollars each, to be paid, in such instal-
ments, and at such times, as the stockholders may direct : pro-
vided^ the whole be paid in, on or before the first day of Janua-
ry next. [cMarc/i 31, 1836.]

An Act to establish the Quincy Stone Bank. ClKip 1 12.

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

Sect. 1. Harvey Field, Thomas Taylor, and Edward Glo- Persons incor-
ver, their associates and successors, are hereby created a corpo- ^'^'^^ ^
ration, by the name of the President, Directors and Company of
the Quincy Stone Bank, to be established in the town of Quin-
cy, and shall so continue until the first day of October, in the
year one thousand eight hundred and fifty-one, and shall be enti-
tled to all the powers and privileges, and subject to all the duties, ties,
liabilities and requirements, contained in the thirty-sixth chapter
of the Revised Statutes, passed on the fourth day of November, R. S. ch. 36.
in the year one thousand eight hundred and thirty-five.

Sect. 2. The stock in said bank shall be transferable only Transferor
at its banking house and in its books.

Sect. 3. The capital stock of said corporation shall consist Capital stock,
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 may direct : provided, the whole be
paid in, on or before the first day of January next. [JJ/arc/i 31,
1836.]

An Act to establish the North American Bank. CKcfU 1 13.

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

Sect. 1. Michael Shepard, Caleb Smith, and John Winn, Persons incor-
their associates and successors, are hereby created a corporation, P°''^'®<'-
by the name of the President, Directors and Company of the
North American Bank, to be established in Salem, and shall so
continue until the first day of October, in the year 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 re- duties,
quirements, contained in the thirty-sixth chapter of the Revised ^^ g ^i, 3g
Statutes, passed the fourth day of November, in the year one
thousand eight hundred and thirty-five.

Sect. 2. The stock of said company shall be transferable Transferor
only at its banking house and in its books.

Sect. 3. The capital stock of said corporation shall consist Capital stock,
of three 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; on or before the first day of .January next. [March 31,
1836.]

VOL. VII. 79

626 1836. Chap. 114—116.

CAflfjO 114*. An Act to establish the Mechanics' Bank at South Boston:

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
as follows :
Persons incor- Sect. 1. Noah Brooks, Solon Jenkins, and Artemas Simonds,
porated. their associates and successors, are hereby inade a corporation, by

the name of the President, Directors and Company of the Me-
chanics' Bank, to be'located in that part of the city of Boston,
called South Boston, and shall so continue until the first day of
October, in the year one thousand eight hundred and fifty-one,
Powersand ^"^ ^^^'^^^ ^® entitled to all the powers and privileges, and subject
duties. to all the duties, liabilities and requirements, contained in the

R. s.ch.36. thirty-sixth chapter of the Revised Statutes, passed on the fourth
day of November, in the year one thousand eight hundred and
thirty-five.
Transferor Sect. 2. The stock of said bank shall be transferable only

at its banking house and in its books.
Capital stock. Sect. 3. The capital stock of said corporation shall consist
of the sum of one hundred and fifty thousand dollars, to be di-
vided 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, on or before the first day of Jan-
uary next. [March 31, 1836.]

l^flCtp 1 lO. An Act to increase the Capital Stock of the Adams Bank.

1832 ch. 85. BE it enacted by the Senate and House of Representatives,

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

as follovjs :

Increase of Sect. I. The President, Directors and Company of the

stock. Adams Bank, are hereby authorized 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 as the president and directors of said

bank may direct and determine : provided, that the whole amount

shall be paid in, on or before the first Monday in October next.

Additional Sect. 2. The additional stock aforesaid shall be subject to

tax'^'&c'''"'^*'* '° the like tax, regulations, restrictions and provisions, to which the

present capital stock of said corporation is now subject.
Certificate. Sect. 3. Before said corporation shall proceed to do busi-

ness upon said additional capital, a certificate, signed by the pre-
sident 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 the Commonwealth. [March 31,
1836.]

Chap 116. An Act to establish the City Bank, in Lowell.

^JG it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :
Persons incor- Sect. 1. Joseph Locke, Jonathan Tyler, and John Nes-
porated. mith, their associates and successors, are hereby created a cor-

poration, by the name of the President, Directors and Company

1 836. Chap. 1 1 6—1 1 8. 627

of the City Bank, in Lowell, to be established in Lowell, and

shall so continue until the first day of October, in the year one

thousand eight hundred and fifty-one, and shall be entitled to all

the powers and privileges, and subject to all the duties, liabilities Powers and du-

and requirements, contained in the thirty-sixth chapter of the ''^^•

Revised Statutes, passed ths fourth day of November, in the R. S. ch.36.

year one thousand eight hundred and thirty-five.

Sect. 2. The stock in said bank shall be transferable only at Transferor
its banking house and in its books.

Sect. .3. The capital stock of said corporation shall con- Capital stock,
sist of one hundred and fifty thousand dollars, to be divided into
shares of one hundred dollars each, to be paid, in such instal-
ments, and at such times, as the stockholders may direct : pro- ed.™83Tch"i9 ]
vided, the whole of said capital stock be paid in, on or before
the first day of January, one thousand eight hundred and thirty-
seven. [March 31, 1836.] Add. act, 1837 ch. 19.

An Act to increase the Capital Stock of the Bristol County- Bank. CHcLX) 117.

BE it enacted by the Senate and House of Representatives, in jgsg ch. 98.
General Court assembled^ and by the authority of the same,
as follows :

Sect. 1. The President, Directors and Company of the increase of cap-
Bristol County Bank are hereby authorized to increase their "^''
present capital stock, by an addition thereto of one hundred thou-
sand dollars, in shares of one hundred dollars each, which shall
be paid, in such instalments as the president and directors of said
bank may direct and determine : provided, that the whole amount
shall be paid in, on or before the first Monday in October next.

Sect. 2. The additional stock aforesaid shall be subject to Additional
the like tax, regulations, restrictions and provisions, to which the toTax^VcT'
present capital stock of said corporation is now subject.

Sect. 3. Before said corporation shall proceed to do busi- Certificate,
ness upon said additional capital, a certificate, signed by the pres-
ident 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 the Commonwealih. [March 31, 1836.]

An Act to establish the Southbridge Bank. ChttJ) 118,

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

Sect. 1. Moses Plimpton, Ebenezer D. Ammidown, Persons incor-
Holmes Ammidown, their associates and successors, are hereby P"*"*^
created a corporation, by the name of the President, Directors
and Company of the Southbridge Bank, to be established in
Southbridge, and shall so continue, until the first day of October,
in the year one thousand eight hundred and fifty-one, and shall be
entitled to all the powers and privileges, and subject to all the Powers and
duties, liabilities and requirements, contained in the thirty-sixth
chapter of the Revised Statutes, passed the fourth day of No- R. S. ch. 36.
vember, in the year one thousand eight hundred and thirty-five.

628

1836.-

-Chap. 118—119.

Transfer of
stock.

Capital stock.

Chaplld,

Persons incor-
porated.

Boundaries of
real estate.

[Extension au-
thorized, 1837
eh. 213.]

Docks,
wharves, &c.

Estate.

Shares.

Assessments.

Sect. 2. The stock in said bank shall be transferable only
at its banking house and in its books.

Sect. 3. The capital stock of said corporation shall con-
sist 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 may direct : provided, the whole
be paid in, on or before the first day of January next. [March
31, 1836.]

An Act to incorporate the Charleslown Wharf Company, in Charlestown.

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

Sect. 1. John Skinner, David Devens, William Wyman,
their associates and successors, are hereby made a corporation,
by the name of the "Charlestown Wharf Company," for the
period of ten years, and may have and hold, in fee simple or oth-
erwise, all or any part of the real estate situate in said Charles-
town, and bounded as follows, viz : northwesterly by the land of
said Commonwealth, on part of which is the state prison, and by
the flats thereto belonging ; northerly, northeasterly and easterly
by Washington street. Bow street, part of Main street, and by
Water street ; easterly by the United States navy yard, and the
flats thereto belonging ; and southerly, southwesterly and westerly
by the channel of Charles river ; and all flats, rights, easements,
privileges and appurtenances thereto belonging. And the said
company may. within the limits aforesaid, construct docks and
wharves, lay vessels at the ends and sides thereof, and receive
dockage and wharfage therefor, and may erect buildings, lay out
streets and passage ways, and improve and manage said property
as to them shall seem expedient : provided, that nothing herein
contained shall be construed to authorize the said company to
obstruct the free navigation of said channel, by vessels or other-
wise, nor to lessen or injure the rights or property of the owner
or owners of any wharf or wharves, adjoining those of said com-
pany.

Sect. 2. The said company may hold such real and person-
al property and estate, not exceeding the value of four hundred
thousand dollars, as may be necessary and convenient to carry
into effect the objects of this act.

Sect. 3. The said Charlestown Wharf Company, at any
legal meeting, may agree upon the number of shares, not exceed-
ing four thousand, into which their corporate property and estate
shall be divided, and determine on the form of certificates to be
given to the proprietors ; which shares shall be deemed and con-
sidered as personal estate, and shall be transferable by assignment
on the back of the certificate, recorded by the clerk, in a book
to be kept for that purpose ; and may assess on the stockholders
such sums of money, from time to time, not exceeding in the
whole one hundred dollars on each share, as may be necessary
for the purchase, improvement and management of their estate :

1836. Chap. 119—121. 629

provided, always, that no assessment shall be made at any meet- Proviso,
ing, unless the same shall be agreed to by at least two thirds 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 thereof, by publication
thereof in one or more newspapers printed in said Charlestown,
or in the city of Boston.

Sect. 4. For the purposes aforesaid, the said corporation Powers and du-
shall have all the powers and privileges, and be subject to all the ''®^-
duties, restrictions and liabilities, set forth in the forty-fourth r. s. ch. 44.
chapter of the Revised Statutes, passed on the fourth day of
November, in the year one thousand eight hundred and thirty-five.
[March 31, 1836.] Add. act, 1837 ch. 213.

An Act to establish the " Randolph Bank." ChttJ) 1 20.

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

Sect. 1. Seth Mann, Royal Turner and Jonathan Wales, Persons incor-
their associates and successors, are hereby created a corporation, po^ateti-
by the name of the President, Directors and Company of the
" Randolph Bank," to be established in Randolph, and shall so
continue until the first day of October, in the year one thousand
eight hundred and fifty-one, and shall be entitled to all the privi- Powers and du-
leges and powers, and subject to all the duties, liabilities and
requirements, contained in the thirty-sixth chapter of the Revised R. S. ch. 36.
Statutes, passed the fourth day of November, in the year one
thousand eight hundred and thirty-five.

Sect. 2. The stock in said bank shall be transferable only Transferor
at its banking house and in its books. s,\.ock.

Sect. 3. The capital stock of said corporation shall consist capital stock.
of one hundred and fifty thousand dollars, to be divided into
shares of one hundred dollars each, to be paid, in such instal-
ments, and at such times, as the stockholders may direct : pro-
vided, the whole be paid in, on or before the first day of January
next. IMarch 31, 1836.]

An Act to establish the Powow River Bank. C^hfl't)^ 2 1

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

Sect. 1. Seth Clark, Robert Patten and Jonathan B. Web- Persons incor-
ster, their associates and successors, are hereby created a corpo- po''aied.
ration, by the name of the President, Directors and Company of
the Powow River Bank, to be established at the Mills Village in
Salisbury, and shall so continue until the first day of October, in
the year one thousand eight hundred and fifty-one, and shall be Powers and
entitled to all the powers and privileges, and subject to all the dunes,
duties, liabilities and requirements, contained in the thirty-sixth r. s. ch. 36.
chapter of the Revised Statutes, passed on the fourth day of
November, in the year one thousand eight hundred and thirty-
five.

630

1836.

-Chap. 121—123.

Transfer of
stock.

Capital stock.

Chap 122.

Persons incor-
porated.

Powers and du-
ties.

R S. ch.36.

Transfer of
stock.

Capital stock.

Chap]23.

Persons incor-
porated.

Powers and
duties.

R. S. ch. 36.

Transfer of
stock.

Capital slock.

Sect. 2. The stock in said bank shall be transferable only
at its banking house and in its books.

Sect. 3. The capital stock shall consist 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 may direct ; provided, the whole be paid in, on or
before the first day of January next. [March 31, 1S36.]

An Act to establish the East Bridgewater Bank.

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

Sect. 1. Wallace Rust, Zenas Keith, Jr., John A. Whit-
comb, their associates and successors, are hereby created a cor-
poration, by the name of the President, Directors and Company
of the East Bridgewater Bank, to be established in East Bridge-
water, and shall so continue until the first day of October, in the
year one thousand eight hundred and fifty-one ; and said corpo-
ration shall be entitled to all the powers and privileges, and sub-
ject to all the duties, liabilities and requirements, contained in
the thirty-sixth chapterof the Revised Statutes, passed the fourth
day of November, in the year one thousand eight hundred and
thirty-five.

Sect. 2. The stock in said bank shall be transferable only
at its banking house and in its books.

Sect. 3. 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 instal-
ments, and at such times, as the stockholders may direct : pro-
vided, the whole be paid in, on or before the first day of January
next. [April I, 1836.]

An Act to establish the Essex Bank.

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

Sect. 1. Isaac Osgood, Gayton P. Osgood, Nathaniel
Stevens, and Joseph Kittredge, their associates and successors,
are hereby created a corporation, by the name of the President,
Directors and Company of the Essex Bank, to be established in
Andover North Parish, and shall so continue until the first day
of October, in the year 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 the
thirty-sixth chapter of the Revised Statutes, passed the fourth
day of November, in the year one thousand eight hundred and
thirty-five.

Sect. 2. The stock in said bank shall be transferable only
at its banking house and in its books.

Sect. 3. The capital stock of said corporation shall consist
of one hundred thousand dollars, to be dividecl into shares of one
hundred dollars each, to be paid, in such instalments, and at such

1836. Chap. 123— -125. 631

times, as the stockholders may direct : provided, the whole be
paid in, on or before the first day of January next. [Jlpril
1, 1836. J

An Act to establish the Farmers and Mechanics Bank. CflCltJ 1 24<

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

Sect. I. Daniel Smith, Ira Richardson, and Richmond Persons incor-
Brown, their associates and successors, are hereby created a P*^""^^^ •
corporation, by the name of the President, Directors and Com-
pany of the Farmers and Mechanics Bank, to be established in
Adams South Village, and shall so continue until the first day of
October, in the year one thousand eight hundred and fifty-one ;
and shall be entitled to all the powers and privileges, and subject Powers and
to all the duties, liabilities and requirements, contained in the °""^^-
thirty-sixth chapter of the Revised Statutes, passed on the fourth R. S. ch. 36.
day of November, in the year one thousand eight hundred and
thirty-five.

Sect. 2. The stock in said bank shall be transferable only Transfer of
at its banking house and in its books. ^^°^^'

Sect. 3. The capital stock of said corporation shall consist Capital stock,
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 may direct : provided, the whole be [Timeextend-
paid in, within one year from the passing of this act. [Jlpril 1, josi^^^*^'^"
1836.] Add. act, 1837 ch. 108.

An Act to establish the Manufacturers Bank at Rowley. CilO.p l2o,

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

Sect. 1. John B. Savory, John A. Lovering, and Robert Persons incor-
Savory, their associates and successors, are hereby created a P^''^'^'^-
corporation, by the name of the President, Directors and Com-
pany of the Manufacturers Bank, to be established in the town
of Rowley, and shall so continue until the first day of October,
in the year one thousand eight hundred and fifty-one ; and shall
be entitled to all the powers and privileges, and subject to all the Powers and
duties, liabilities and requirements, contained in the thirty-sixth '^""^^•
chapter of the Revised Statutes, passed the fourth day of No- R. S. ch.36.
vember, in the year one thousand eight hundred and thirty-five.

Sect. 2. The stock in said bank shall be transferable only Transfer of
at its banking house and in its books. ^^°'^^'

Sect. 3. The capital stock of said corporation shall consist Capital stock,
of the sum of one hundred thousand dollars, to be divided into
shares of one hundred dollars each, to be paid, in such instal-
ments, and at such times, as the stockholders may direct : pro-
vided, the whole be paid in, on or before the first day of January
next. [,april 1, 1836.]

632

1836.-

-Chap. 126—128.

Chap 126.

Persons incor-
porated.

Powers and
duties.

R. S. ch.36.

Transfer of
stock.

Capital slock.

C/iap \27.

Persons incor-
porated.

Powers and du-
ties.

R. S. ch. 36.

Transfer of
stock.

Capital stock.

Chap\28.

1825 ch. 112.

Title, general
powers, and
government.

An Act to establish the Haverhill Bank.

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

Sect. 1. Enoch Silsbee, James Noyes, and Hiram Plum-
mer, their associates and successors, are hereby created a cor-
poration, by the name of the President, Directors, and Compa-
ny of the Haverhill Bank, to be established in the town of Ha-
verhill, and shall so continue until the first day of October, in
the year 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 the thirty-sixth
chapter of the Revised Statutes, passed the fourth day of No-
vember, in the year one thousand eight hundred and thirty-five.

Sect. 2. The stock in said bank shall be transferable only
at its banking house and in its books.

An Act to establish the Altleborough Bank.

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

Sect. 1. Jacob Bolkcom, Jonathan Bliss, and Richard
Robinson, their associates and successors, are hereby created a
corporation, by the name of the President, Directors and Com-
pany of the Attleborough Bank, to be established in Atdebo-
rough, and shall so continue, until the first day of October, in
the year one thousand eight hundred and fifty-one, and shall be
entitled to all the privileges and powers, and subject to all the
duties, liabilities and requirements, contained in the thirty-sixth
chapter of the Revised Statutes, passed the fourth day of No-
vember, in the year one thousand eight hundred and thirty-five.

Sect. 2. The stock in said bank shall be transferable only
at its banking house and in its books.

Sect. 3. The capital stock of said corporation, shall con-
sist 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 may direct : provided, the whole
be paid in, on or before the first day of January next, [^pril
I, 1836.]

An Act to establish the City of Lowell.

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

Sect. 1. The inhabitants of the town of Lowell, for all pur-
poses for which towns are by law incorporated, in this Common-

1836. Chap. 128. 633

wealth, shall continue to be one body politic, under the style and
denomination of the City of Lowell, and, as such, shall have,
exercise and enjoy all the rights, immunities, powers and privi-
leges, and shall be subject to all the duties and obligations, now
incumbent upon and appertaining to said town — and the adminis-
tration of all the fiscal, prudential and municipal concerns of the
city, with the conduct and government thereof, shall be vested in one
principal officer, to be styled the mayor, one select council consist-
ing of six persons, to be denominated the board of aldermen, and
one council to consist of twenty-four persons, to be denominated
the common council, together with such other boards of officers
as are herein after specified. The mayor, aldermen and common
council, in their joint capacity, shall be denominated the city
council, and shall not, excepting the mayor, receive any compen-
sation for their services.

Sect. 2. The mayor, aldermen and common council, chosen /^,„,„:,,,:„„ ».f

• 1 ■ r • I 1 I n I J • r I • r Organization t>f

as is herein alter provided, shall enter on the duties oi their ot- the city council,
fices the first Monday of April in each year, and shall hold their
offices for the term of one year from the time of their so enter-
ing on the duties thereof; and, before entering on said duties, the
mayor, aldermen and common council, shall be sworn to the
faithful discharge of the same ; and such oath may be administer-
ed to the mayor elect by any justice of the peace for the county
of Middlesex ; and such oath shall be administered to the alder-
men, and common council, by the mayor, being himself first
sworn as aforesaid, and a certificate of such oath having been
taken, shall be entered in the journal of the mayor and aldermen,
and of the common council, by their respective clerks ; and Proceedings in
whenever, on examination, by the mayor and aldermen for the todecta^""^^
time being, of the returns of votes given for mayor, at the meet- mayor,
ing of the citizens, holden for the purpose of electing that officer
last preceding the first Monday of April, in each year, no per-
son 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
the city clerk shall read, on the first Monday of April, in each
year, in the presence of the persons returned to serve as alder-
men and common council ; and thereupon the oath of office pre-
scribed by law, may be administered by any justice of the peace
for the county of Middlesex : and the board of aldermen shall
then proceed to elect a chairman, who shall perform the duties
of mayor until the mayor be duly chosen, and the common coun-
cil, a president, in their respective chambers, and being respec-
tively organized shall proceed to business. And in case any
person elected mayor of said city, shall refuse to accept said of-
fice, the same proceeding shall be had as herein before directed,
in respect to the organization of the board of aldermen and com-
mon council, in cases where there has been no choice of mayor ;
and the board of aldermen so organized, shall forthwith issue
their warrant for a meeting of the citizens for the choice of may-
or, at such time and place as they shall judge most convenient,

VOL, VII. 80

634

1836.-

-Chap. 128.

Proceedings in
case of death,
&c., of mayor.

Mayor and al-
dermen.

City clerk.

Common coun-
cil.

and said meeting shall be organized, and the same proceedings
had in all respects in relation to the choice of mayor, as are
herein after directed in the twentieth section of this act. And
in case of the unavoidable absence, by sickness or otherwise, of
the mayor elect, on the first Monday of April, in each year, the
city government 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. In case of the decease, inability, resignation or ab-
sence of the mayor, and the same being declared, and a vote
passed by the aldermen and common council, respectively, de-
claring such cause, and the expediency of electing a mayor for
the time being, to supply the vacancy thus occasioned, the alder-
men and common council may meet in convention, and elect a
mayor to hold the office until such occasion be removed, or until
a new election. And in case of the death or resignation of any
member of the board of aldermen, the citizens may fill such va-
cancy at any regular meeting that may thereafter be convened for
that purpose.

Sect. 4. The mayor and aldermen shall compose one board,
and shall sit and act together as one body, at all meetings of
which, the mayor, if present, shall preside, but in his absence,
the board may elect a chairman for the time being ; and the said
board, together with the common council, in convention, shall
choose a clerk, to be denominated the city clerk, who shall hold
his office for the term of one year, and until another person be
chosen and qualified to succeed him, removeable, however, at the
pleasure of the mayor and aldermen. Before entering on the
duties of his office, the clerk shall be sworn to the faithful discharge
of the same ; and shall keep a journal of the acts and proceed-
ings of said board, sign all warrants issued by them, and do such
other acts in his capacity, as may lawfully and reasonably be re-
quired of him ; and deliver over all journals, books, papers and
documents entrusted to him, as such clerk, to his successor in
office, immediately upon such successor being chosen and quali-
fied as aforesaid, or whenever he may be thereto required by the
mayor and aldermen. And the city clerk, thus qualified, shall
have all the powers, and perform all the duties, now by law be-
longing to the town clerk of the town of Lowell, as fully as if the
same were particularly enumerated, except in cases where it is
otherwise expressly provided.

Sect. 5. The persons chosen and qualified as members of
the common council of the city, shall sit and act together as a
separate body, distinct from that of the mayor and aldermen, ex-
cept in those cases in which the two bodies are to meet in con-
vention ; and the council may, from time to time, choose one of
their own members to preside over their deliberations, and pre-
serve order therein, and also [to] choose a clerk, who shall be
under oath faithfully to discharge the duties of his office, who shall
hold said office during the pleasure of the council, and who shall
attend the council, when the same is in session, keep a journal of

1836. Chap. 128. 635

its acts, votes and proceedings, and perform such other services
in said capacity as the council may require. All sittings of the Sittings to be
common council shall be public ; also all sittings of the mayor P" '*'■
and aldermen, when they are not engaged in executive business.
Four members of the board of aldermen, and fifteen of the com-
mon council, shall constitute a quorum for the transaction of bu-
siness. And each of the persons chosen as a member of the Certificates of
common council shall, within two days after his election, be fur- ^®'^^'°"-
nished with a certificate thereof, signed by a majority of the offi-
cers presiding at such election, which certificate shall be pre-
sumptive evidence of the title of such person to a seat in the
common council ; but the council, however, shall have the au-
thority to decide ultimately upon all questions relating to the qual-
ifications, elections and returns of its members.

Sect. 6. The mayor of the city, shall be the chief executive The mayor, his
officer of said corporation ; and shall be compensated for his servi- s?'ary and du-
ces by a salary, to be fixed by the board of aldermen and com-
mon council, in city council convened, payable at stated peri-
ods : which salary shall not exceed the sum of fifteen hundred
dollars annually, and he shall receive no other compensation or
emolument whatever : and no regulations enlarging or diminishing
such compensation shall be made, to take effect until the expira-
tion of the year for which the mayor, then in office, shall have
been elected. And the mayor shall be vigilant and active at all
times in causing the laws for the government ot said city to be
duly executed and put in force ; shall inspect the conduct of all
subordinate officers in the government thereof, and, as far as in
his power, cause all negligence, carelessness and violation of duty
to be duly prosecuted and punished. Whenever in his judg-
ment the good of the city may require it, he shall summon meet-
ings of the board of aldermen and common council, or either of
them,aUhough the meeting of said boards, or either of them, may
stand adjourned to a more distant day ; and perform such other
duties as the city council may legally and reasonably require.
And tiie mayor, from time to time, shall communicate to both
branches of the city council, all such information, and recommend
all such measures as may tend to the improvement of the finan-
ces, police, health, security, cleanliness, comfort and ornament
of the city.

Sect. 7. The administration of police, the executive powers Police, &c.,
of the city, with ail the powers heretofore vested in the select- vested m mayor

J r u r I r T ii 11*°'^ aldermen.

men and overseers ot the poor of the town ot Lowell, are hereby
vested in the mayor and aldermen, as fully as if the same were
herein enumerated, who shall be ex-officio members of the school
committee. The mayor and aldermen may also grant licenses to Licenses,
innholders, common victuallers and retailers, within the city, in
all cases wherein the county commissioners for the county of
Middlesex, on the recommendation of the selectmen of Lowell,
have heretofore been authorized to grant such licenses ; and may Constables,
appoint, annually, such a number of persons as constables for the
city, and from time to time such special constables as the public

636

1836..

■Chap. 128.

Lamps, &c.

Powers of the
city council.

By-laws.

Taxes.

Assessors.

City officers,
how chosen.

S treets, &e.

service may require ; all of whom shall be removable at the pleas-
ure of the mayor and aldermen ; and constables so appointed
shall have the same powers as are by law vested in constables
chosen by the towns in this Commonwealth. And the mayor
and aldermen may cause the public streets of the city to be
lighted, and for that purpose may set up and construct lamps, gas
pipes or other apparatus, such as the public necessity or conven-
ience may require.

Sect. 8. All other powers now by law vested in the town
of Lowell, or in the inhabitants thereof, as a municipal corpora-
tion, shall be, and hereby are vested in the mayor, aldermen and
common council of the city, to be exercised by concurrent vote,
each board having a negative upon the other ; especially they
may make all such needful and salutary by-laws, as towns by the
laws of this Commonwealth have power to make, and annex pen-
alties, not exceeding twenty dollars, for the breach thereof, which
by-laws shall take efibct, and be in force, from and after the times
therein respectively limited, without the sanction or confirmation
of any court, or other authority whatever : provided, that such
by-laws shall not be repugnant to the laws of this Commonwealth ;
and shall be liable to be annulled by the legislature thereof. The
city council, from time to time, may lay and assess taxes for
which towns are by law required or authorized to assess or grant
money, and also for all purposes necessary for carrying into effect
the powers conferred by this act : provided, however, that, in the
assessment and apportionment of such taxes, the same rules and
regulations shall be observed, as are now established by the laws
of this Commonwealth, or may hereafter be enacted, relative to
the assessment and apportionment of town taxes. The city
council may provide for the assessment and collection of such
taxes, make appropriations of all public moneys, and provide for
the disbursement thereof, and take suitable measures to ensure a
just and prompt account thereof, and for these purposes may
either elect such assessors and assistant assessors as may be need-
ful, or provide for the appointment or election of the same, or
any of them, by the mayor and aldermen, or by the citizens, as
may be most conducive to the public good, and shall also require
of all persons entrusted with the collection, custody or disburse-
ment of public moneys, such bonds, with such conditions, and
such sureties, as the case may require.

Sect. 9. The city council may provide for the appointment
or election of all officers necessary for the good government of
the city, not otherwise provided for ; prescribe their duties and
fix their compensation ; cause any street or streets, public places
or squares in the city to be graded, paved, macadamized or re-
paired ; and cause permanent sidewalks to be constructed on the
same, in front of buildings, at the expense of the owners thereof,
and temporary ones in front of vacant lands, at tiie expense of
the abuttors, or of the city, which sidewalks, .when accepted by
said council, shall be afterwards maintained at the expense of the
city, whenever the convenience of its inhabitants may require the

1836. Chap. 128. 637

same, and cause drains and common sewers to be laid down Drains, &ci
through any streets or private lands, paying the owners thereof
such damage as they may sustain thereby ; and require all persons
to pay a reasonable sum for the privilege of opening any drain
into said public drain or common sewer ; and lay out, make and
continue or discontinue all city and town ways or streets within
the limits of the city ; and widen or straighten county ways,
within the city, in such manner as the public convenience may
require ; and any party aggrieved by such building of sidewalks,
laying of drains or common sewers and alterations of ways, shall
have the same remedies as are provided by law for the doings of
county commissioners. The city council may also make and
establish necessary or fit rules and by-laws, for the inspection, inspection of
survey, measurement and sale of timber, brick, wood, coal, and '""ber, &c.
bark for fuel, brought into the city for sale, and for the regulation
of carriages in the streets of the city ; appoint certain suitable
places in the streets and squares of the city, as public stands for
wagons, carts, sleds, and carriages of every description, and or- Penalties for
dain fit penalties, not exceeding twenty dollars, for the breach of {''^^'^'' °f ^y-
any of the ordinances, rules and regulations so made and estab-
lished, to be recovered upon complaint of any officer or other
inhabitant of the city, before the police court therein, for the use
of the city. The city council shall also have the care and su- Public buildings
perintendence of the public buildings, and the care, custody and ^° P»"ope""y-
management of all the property of the city, with power to lease
or sell the same, and to purchase property, in the name and for
the use of the city, whenever its interest or convenience may re-
quire. The city council may, by a committee by them appoint-
ed, or by instructions to any officer having charge of the streets,
appropriate, set off and reserve, as sidewalks, such parts of any Sidewalks.
streets of the city, as may be necessary for the safety, conveni-
ence and accommodation of foot passengers, and permit or direct
posts of stone or wood, or trees, if necessary, to be placed along
the edge of said sidewalks, to protect the same, or the passengers
travelling thereon.

Sect. 10. All the powers and authority invested in the Health commis-
boards of health of towns in this Commonwealth, are hereby s'0"ers.
transferred to, and vested in, the city council, to be carried into
execution by the appointment of health commissioners, or in
such other manner as the health and cleanliness of the city may
require, subject to such alterations as the legislature may, from
time to time, adopt.

Sect. 11. The mayor, aldermen and common council shall. Treasurer,
as soon as convenient after their annual organization, meet in con-
vention, and elect a treasurer of the city.

Sect. 12. The persons elected to constitute the school com- School commit-
mittee, shall enter upon their duties on the first Monday of April ^^°-
in each year, and shall hold their offices for the term of one year,
from the time of their so entering upon said duties ; and they
shall have the same powers, and perform the same duties, as are

638

1836.-

-Chap. 128.

Statement of
receipts and ex-
penditures to be
published annu-
ally.

Power of nomi-
nation.

Number of rep-
resentatives.

Wards.

Lists of voters.

by Jaw vested in, and required of, the school committees of towns
and school districts in this Commonwealth.

Sect. 13. All boards and officers, acting under the authority
of the city, and entrusted with the receipt and expenditure of
public money, shall be accountable therefor to the city coun-
cil, in such manner as they may direct. And the city council
shall publish and distribute, annually, for the information of the
citizens, a particular statement of the receipts and expenditures
of all public moneys, and a particular statement of city property,
five days at least prior to the first Monday in February.

Sect. 14. In all cases in which appointments to office are
directed to be made by the mayor and aldermen, the mayor shall
have exclusive power of nomination ; such nomination, however,
being subject to be confirmed or rejected by the board of alder-
men : provided, hoicever, that no person shall be eligible to any
office, the salary of which is payable out of the city treasury,
who, at the time of his appointment, shall be a member of the
city council.

Sect. 15. The two branches of the city council, on the
second Monday of October, in each year, shall meet in conven-
tion, and determine the number of representatives, which it may
be expedient for the city to elect to the general court in such
year, and shall publish such determination, which shall be con-
clusive, and the number thus determined shall be specified in the
warrant calling the meeting for such election of representatives.

Sect. 16. The inhabitants of the city qualified as aforesaid,
may, at any meeting legally called for that purpose, order a di-
vision of the town into six wards, in such manner as to include
an equal number of inhabitants in each ward, as nearly as conven-
iently may be, consistently with well defined limits to each ward,
including in such computation of numbers of inhabitants, persons
of all descriptions, and taking the last census made under the au-
thority of the United States, this Commonwealth, or of the city,
as a basis of computation : provided, however, that not more than
two meetings for that purpose shall be holden in any one year.
And after said division into wards, the same shall not be altered
excepting by the city council once in five years, in such manner
as to preserve, as nearly as may be, an equal number of inhabi-
tants in each ward.

Sect. 17. Prior to every election of city officers, or of any
officer or officers under the government of the United States, or
this Commonwealth, the mayor and aldermen shall make out lists
of all the citizens of each ward, qualified to vote in such election,
in the manner in which selectmen and assessors of towns are
requiied to make out similar lists of voters, and for that purpose
they shall have free access to the assessors' books and lists, and
be entitled to the aid and assistance of all assessors, assistant as-
sessors, and other officers of the city. And the mayor and
aldermen shall deliver such lists of voters in- each ward, to be
used by the warden and inspector thereof, at such election ; and
no person shall be entitled to vote at such election, whose name

183G. Chap. 128. 639

is not borne on the list ; and to prevent all frauds and mistakes
in such elections, the officers presiding thereat shall take care
that no person shall vote at such election, whose name is not
borne on the list of voters, and shall cause a mark to be placed
against the name of each voter on such list, at the time of giving
his vote.

Sect. 18. At the first meeting of the inhabitants of the city, First city meet-
for election of officers in their several wards, the persons author- '"?' '^ wards,
ized to issue a warrant for said meeting, may designate some
suitable person to preside at each ward meeting, until the clerk
of the ward shall be chosen and qualified ; and the person so
presiding shall receive, son, count and declare the votes given
for such clerk, in open ward meeting, and the person having a
majority of all the votes given, shall be declared elected, and
such presiding officer shall record the state of the votes in a book,
to be kept by the ward for that purpose.

Sect. 19. On the last Monday of February, in each year, choice of war-
the citizens of the city, qualified to vote in city affairs, shall meet dens and clerks
together, within their respective wards, at such time and place as
the mayor and aldermen may in their warrant direct, and the citi-
zens shall then choose, by ballot, one warden and one clerk, who
shall hold their offices for one year, or until others shall be ap-
pointed in their stead. And such wardens shall have the same
powers as moderators of town meetings. And such clerks shall
make a fair and true record, and keep an exact journal of all the
acts and votes of the citizens at such ward meetings, and deliver
over such records and journals, together with all other docu-
ments and papers held by him in his said capacity, to his suc-
cessor in office. And if, at the opening of the annual meeting,
the warden of such ward shall not be present, the clerk of such
ward shall call the citizens to order, and preside at such meeting,
until a warden shall be chosen by ballot. And if, at any other
meeting, the warden shall be absent, the clerk in such case shall
so preside, until a moderator or warden pro tempore^ shall be
chosen, which may be by nomination and vote, if the clerk so
direct.

At such meeting, also, three inspectors of elections shall be inspectors,
chosen for such ward, being resident therein, by ballot, to hold
their offices for one year. And the warden and inspectors, in
each ward, shall receive, sort, count and declare all votes at all
elections within said ward. And the warden, clerk and inspec-
tors, so chosen, shall respectively be under oath faithfully and
impartially to discharge their several duties relative to all elec-
tions ; which oath may be administered by the clerk of such
ward to the warden, and by the latter to the clerk and inspectors,
or by any justice of the peace of the county of Middlesex.
And certificates of such oaths having been administered, shall be
entered in the record or journal, to be kept by the clerk of such
ward. And if, at any meeting, the clerk should be absent, a
clerk pro tempore shall be chosen by ballot.

640 1836. Chap. 128.

Manner of elect- Sect. 20. The inhabitants of the city, qualified to vote in
de^nT^^^coun- ^'^7 affairs, at their respective ward meetings, to be held on the
cii and school first Monday of March, in each year, shall be called upon to give
committee. j^^ j|-jgjj. yQ^gs for One person to be the mayor, six persons to
constitute the board of aldermen, and four persons, being inhabi-
tants of said ward, to be members of the common council, and
one person, being also an inhabitant of said ward, to be a mem-
ber of the school committee, and all the votes so given in each
ward, being counted and declared by the warden and inspectors
of elections, shall be recorded at large by the clerk in open ward
meeting ; and in making such declaration and record, the whole
number of votes given in, siiall be distinctly stated, together with
the name of every person voted for, and the number of votes
given for each person, such numbers to be expressed in words at
length, and a transcript of such record, certified and authenticated
by the warden, clerk, and a majority of inspectors of elections
for each ward, shall be forthwith transmitted or delivered by such
ward clerk to the clerk of the city. And the city clerk shall
forthwith enter such returns, or a plain and intelligible abstract of
them, as they are successively received, upon the journal of the
proceedings of the mayor and aldermen, or some other book to
Examination of be kept for that purpose. And the mayor and aldermen shall
returns, &.C. meet together, within two days after such election, and examine
and compare all the said returns, and ascertain what persons shall
have been elected to the offices aforesaid, and give notice, in
writing, to all persons elected to the several offices aforesaid, and
also make the same known to the inhabitants of the city. But
if, on such examination, said elections shall not be complete, the
mayor and aldermen shall issue their warrants for meetings in
such wards as shall have failed to complete their elections ; and
the same proceedings shall be had in all respects as are herein
before directed, until such persons shall be chosen by a majority
of all the voters voting in such elections : provided^ however,
that until the city be divided into wards, according to the six-
teenth section of this act, the inhabitants of the city shall meet
on the first Monday of March annually, at such time and place
as the mayor and aldermen shall, by their warrant calling such
meeting, appoint, and the city clerk presiding, shall then and
there choose a moderator to preside over said meeting, who shall
have the power and authority given to moderators of town meet-
ings by the laws of this Commonwealth, and shall then and there
vote by ballot for one person to be mayor, six persons to be alder-
men, twenty-four persons to be members of the common council,
and six persons to be members of the school committee for the
city. And the moderator and aldermen, or a majority of them,
shall receive, sort, examine and count the votes at such meeting,
given in for said mayor, aldermen, common council and school
committee, and then the same shall be declared by the modera-
tor, and recorded by the city clerk in open pieeting, in the jour-
nal of the proceedings of the mayor and aldermen, or some other
book kept for that purpose ; and in making such declaration and

1836. Chap. 128. 641

record, the whole number of votes shall be distinctly stated, to-
gether with the name of each person voted for, and the number Adjournment of
of votes given for each person respectively. And in case said ""^^''^gs.
elections shall not be completed at the first balloting, said meet-
ing shall adjourn for not less than one day nor more than four
days ; and at such adjourned meeting, the balloting shall be re-
newed for completing the same, and the same proceedings there-
upon had as herein before directed ; and such adjournment and
balloting shall be renewed, from time to time, if necessary, until
persons are elected to fill all said offices, by a majority of the
voters voting at such election. And the mayor and aldermen
shall ascertain, by inspection of said record, what persons are so
elected, and give notice thereof in writing to every person having
such majority, within two days after such election : provided,
further, that if, after three ballotings, there be no choice of may-
or, then a mayor shall be chosen from the two persons having
the highest number of votes for that office, by joint ballot of the
board of aldermen and common council, in city council assem-
bled.

Sect. 21. For the purpose of organizing the system of First organiza-
government, hereby established, and puttinar the same into oper- ^'°" °^ ^^^ "'^
ation in the first instance, the selectmen of the town of Lowell,
for the time being, shall seasonably, before the first Monday of
May next, issue their warrant for calling a meeting of the inhabit-
ants of said town, qualified to vote in town affairs, at such time
and place as they shall think expedient, for the purpose of giving
in their votes for a mayor, six aldermen, twenty-four members of
the common council and six members of the school committee.
And the votes so given in, shall be received, sorted, counted,
examined and declared by the selectmen, and recorded by the
town clerk. And in case said election shall not be conadeted at
the first balloting, the balloting may be renewed, and the select-
men may adjourn the meeting, from time to time, if necessary,
for not less than one day, nor more than four days, at any one
adjournment until said elections shall be completed. And the
selectmen shall give notice, in writing, within two days after such
election, to the persons elected by a majority of the voters voting
at such meeting. And the persons so elected, shall organize
themselves and enter upon the duties of their respective offices,
on said first Monday of May in the same manner as is pro-
vided in the second section of this act, and may continue in of-
fice until the first Monday of April, in the year one thousand
eight hundred and thirty-seven.

Sect. 22. All elections for governor, lieutenant governor. Election of gov-
senators, county treasurer, representatives, representatives to con- ^™°'^' *''
gress, and all other officers who are to be chosen and voted for
by the people, shall be held at meetings of the citizens, qualified
to vote in such elections, in their respective wards, at the time
fixed by law for those elections respectively. And at such meet-
ings, all the votes given in, being sorted, counted and declared
by the warden and inspectors of elections, shall be recorded at

VOL. VII. 81

642 1836. Chap. 128.

large in open ward meeting, by the clerk, and in making such
declaration and record, the whole number of votes given in shall
be distinctly stated, together with the name of every person voted
for, and the number of votes given for each person ; such num-
bers to be expressed in words at length. And a transcript of
such record, certified and authenticated by the warden, clerk and
a majority of inspectors of elections for each ward, shall forth-
with be transmitted or delivered by such ward clerk, to the city
clerk. And the city clerk shall enter such returns, or a plain
and intelligible abstract of them, as they are successively receiv-
ed, upon the journal of the proceedings of the mayor and alder-
Examination of men, or some other book to be kept for that purpose. And the
returns, &c. mayor and aldermen shall meet together, within two days after
every such election, and examine and compare all such returns,
and thereupon make out a certificate of the result of such elec-
tion, to be signed by a majority of the board of aldermen, and
also by the city clerk, which shall be transmitted, delivered, or
returned, in the same manner as similar returns are by law requir-
ed to be made by the selectmen of towns ; and such certificates
and returns shall have the same force and effect in all respects, as
like returns of similar elections made by the selectmen of towns.
And in all elections for representatives to the general court, in
case the whole number proposed to be elected shall not be
chosen by a majority of the votes legally returned, the same pro-
ceedings shall be had as is required by the laws of this Common-
wealth in case of towns failing to elect their representatives :
provided^ however, that until such time as the city shall be divid-
ed into wards, according to the 16th section of this act, the in-
habitants of said city, qualified as in this section aforesaid, at all
the elections in this section above mentioned, shall meet on the
days fixed by law for those elections respectively, at such time
and place as the mayor and aldermen, for the time being, may,
by their warrant calling such meeting, appoint ; and the same pro-
ceedings, in all lespects, shall be had as are by law provided in
the case of town meetings for said elections. And the like pro-
ceedings, in all respects, shall be had in regard to making out,
authenticating, and returning a certificate of the result of each of
such elections as are above in this section provided.
General meet- Sect. 23. General meetings of the c'tizens qualified to vote
ings of citizens, jj^ pj^y affairs, may, from time to time, be held to consult upon
the public good, to give instructions to their representatives, and
to take all lawful measures to obtain a redress of grievances ac-
cording to the rights secured to the people by the constitution of
this Commonwealth. And such meetings shall be duly warned
by the mayor and aldermen, upon the requisition of fifty qualifi-
ed voters of the city ; and in case the mayor and aldermen re-
fuse to call a meeting, any justice of the peace of the county,
upon the same requisition, is authorized, if he shall think proper,
to call such meeting by a warrant under his hand, directed to the
constables of the city, if any there be, and, otherwise, to any
of the persons applying therefor, directing them to summon the

1836. Chap. 128—130. 643

inhabitants qualified to vote in city affairs, to assemble at the
time and place, and for the purpose expressed in said warrant.

Sect. 24. The annual election of officers of the town of Suspension of
Lowell, in the months of March and April, in the year eighteen uons.
hundred and thirty-six, shall be suspended. And all officers,
now in office, shall hold their places until this act shall go into
operation.

Sect. 25. All officers of the town of Lowell, having the Records &c.

to DC QCiivcrcci

care and custody of any records, papers or property, shall de- to the city clerk,
liver the same to the city clerk within two days after his entering
upon the duties of his office.

Sect. 26. All acts and parts of acts inconsistent with, or re- Repeal,
pugnant to the provisions of this act, shall be, and the same are
hereby repealed ; but nothing in this act shall be so construed as
to restrain or prevent the legislature from amending or altering the
same whenever they shall deem it expedient.

Sect. 27. This act shall be void unless the inhabitants of When and how
the town of Lowell, at a legal town meeting called for that purpose, Jake^efffect^
shall, by a majority of the voters present, and voting thereon by a
written vote, determine to adopt the same within fourteen days
after the passing of this act. [^pril 1, 1836.]

An Act to incorporate the " Northampton Paper Mills." C^hftTt 1 2^

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

Sect. 1. J. Hunt Butler, Charles E. Forbes, Samuel F. Ly- Persons incor-
man, their associates and successors, are hereby made a manu- P°''*^^ •
facturing corporation, by the name of the " Northampton Pa-
per Mills," for the purpose of manufacturing paper, in the town
of Northampton, in the county of Hampshire, and for this pur-
pose, shall have all the powers and privileges, and be subject Powers and du-
to all the duties, restrictions and liabilities, set forth in the thirty- *'®*'
eighth and forty-fourth chapters of the Revised Statutes, passed R.S. ch.38.44.
on the fourth day of November, in the year one thousand eight
hundred and thirty-five.

Sect. 2. The said corporation may hold, for the purposes Real estate and
aforesaid, real estate to the amount of twenty-five thousand dol- <=*P"^' **°**-
lars, and the whole capital slock of said corporation shall not
exceed the amount of seventy-five thousand dollars. [Jlpril
4, 1836.]

An Act to regulate the Fishery in Palmer's River. f^hnrt 1 SO

BE it enacted by the Senate and House of Representatives, isosch. lie.

in General Court assembled, and by the authority of the same, (v- 3- p- 378.)

^„ f^n^. „ . ' :/ ^ J ■> 1819 ch. IL

as JoUows : ^ i820ch.6i.

Sect. 1. From and after the passing of this act, no person, ex- Privilege of

cept as is herein after provided, shall take shad or alewives with P'^'"?,^^^ "^^

• • . • T) 1 1 r>- -I /- rt be sold at auc-

semes, or m nets, m Jr'aJmer s Kiver, in the town of Swansey, tion.
in the county of Bristol, from the first day of April to the twen-
tieth day of June, in each year : provided, that the inhabitants of
Swansey may, at a legal meeting, held for that purpose, dispose

1836.-

Chap. 130—131.

Times for
taking fish.

Fish wardens.

Penalty for
taking fish con-
trary to the pro-
visions of this
act.

Repeal.

of the privilege at public auction, of taking shad and alewives,
with seines only, in said river, for the time aforesaid, to such per-
sons as may ofier the highest price for the same, and shall give
sufficient security for the payment of the purchase money, at such
time, and in such manner, as the town shall order.

Sect . 2. The town of Swansey may have two seines only, and
each seine may have the privilege of sweeping three days, in the
day time only, in each week, beginning on Monday, at sunrise,
and ending at sunset on Wednesday, and may sweep in any part
of the river aforesaid, between Rhode Island line, and Rehoboth
line on said river.

Sect. 3. The town of Swansey, at their annual meeting in
March or April, may choose one or more suitable persons, to
serve as fish wardens, who, when sworn, shall see this act en-
forced, and may prosecute for all violations thereof.

Sect. 4. If any person shall sweep with any seine or net, in
any lime, place or manner other than as before mentioned, or
shall set any seine, net, weare or other obstruction, in said river,
or in any part thereof, with the intent to take or destroy any shad
or alewives, he shall forfeit and pay fifty dollars, for each offence,
to be recovered to the use of the county in which the offence was
committed, or by action of debt, one half to the use of the person
prosecuting for the same, and the other half to the use of the
town in which the offence shall be committed.

Sect. 5. All laws heretofore passed, relating to the fishery
in Palmer's river in Swansey, are hereby repealed, [^pril 4,
1836.] Add. act, 1837 ch. 184.

Chapl3\,

1833 ch. 116.

Increase of
capital.

Treasurer to
subscribe
for stock.

When treasurer
shall pay as-
sessments.

An Act in aid of the Western Rail-road Corporation.

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

Sect. 1. The Western Rail-road Corporation may increase
their capital stock, by the addition of one million of dollars thereto.

Sect. 2. The treasurer of the Commonwealth is hereby di-
rected to subscribe, in the name, and in behalf of the Common-
wealth, for ten thousand shares in the capital stock of said corpo-
ration, and he shall pay all assessments laid, or which may
be hereafter laid, upon the said shares, according to the pro-
visions of their charter, and the governor is hereby author-
ized to draw his warrant therefor : provided, that the said
treasurer shall not pay any assessment on the shares so taken,
by the Commonwealth, in the capital stock of said corporation,
until three fourths of such assessment on the other two thirds
of the shares held by individuals, in said capital stock shall have
been paid in, which payment shall be made to appear by the certifi-
cate of the directors of said corporation, filed in the office of
the treasurer of the Commonwealth : and provided further, that
the said corporation in regard to the right of the Commonwealth,
to piu'chase the said rail-road, shall be subject to the provisions
of the eighty-fourth section of the thirty-ninth chapter of the Re-
vised Statutes, passed on the fourth day of November, one thou-

1836. Chap. 131—132. 646

sand eight hundred and thirty-five, any thing contained in the
fourteenth section of their act of incorporation, to the contrary
notwithstanding.

Sect. 3. The annual meeting of said corporation shall, Number ofdi-
after the second Monday of June next, be holden on the second '

Wednesday of February, and the number of directors shall be
nine, three of whom shall be annually chosen by the legislature,
by joint ballot of the two houses, and the residue by the stock-
holders, at their annual meeting, and the directors so chosen by
the legislature at the present session, shall be directors from and
after the second Monday of June next, and until others are
chosen, [^pril 4, 1836.] Add act, 1837 ch. 172.

An Act lo incorporate the West Stockbridge Rail-road Corporation. ChflT) 132

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

Sect. 1. Henry P. Boynton, Robbins Kellogg, and Eras- Persons incor-
tus Crocker, their associates and successors, are hereby made a
corporation, by the name of the West Stockbridge Rail-road
Corporation, with all the powers and privileges, and subject to Powers and
all the duties, liabilities and requirements, contained in that part ^"^'^*-
of the thirty-ninth chapter of the Revised Statutes, passed on the r. s.ch.39.44.
fourth day of November, in the year one thousand eight hundred
and thirty-five, which relates to Rail-road Corporations, and in
the forty-fourth chapter of said Revised Statutes.

Sect. 2. The said corporation may lay out and construct a Route of the
rail-road, commencing on the west line of this state, in the town '"aii-i'oad.
of West Stockbridge, near the intersection of said line with the
turnpike road to Albany, and extending in as direct a line as is
convenient and practicable, to the county road near Hinman's
Bridge, thence to, or into the village of West Stockbridge, or
some convenient place for a depot near the same.

Sect. 3. The capital stock of said corporation shall not ex- Capital stock,
ceed seventy-five thousand dollars, and shall be divided into
shares of one hundred dollars each : and they may invest and
hold such part thereof in real estate, as may be necessary and
convenient for the purposes of their incorporation.

Sect. 4. If the said corporation be not organized, and the Conditions of
location of their road filed according to law, on or before the first ii^'^ a'^'-
day of December, in the year one thousand eight hundi-ed and
thirty-seven, or if said road be not completed on or before the
first day of December, in the year one thousand eight hundred
and thirty-nine, this act shall be void.

Sect. 5. The said corporation shall so construct their road, Other rail-roads
as to make it practicable for any other rail-roads, leading from may unite wuh
the state of New-York, to unite with the same, at the western
line of this state ; and they shall not grant or allow, to the pro-
prietors of any such rail-road, any exclusive privilege on the
same, over the proprietors of any other rail-road from the same
state. And the said West Stockbridge Rail-road Corporation
shall permit the Western Rail-road Corporation to unite their

646 1836. Chap. 132—134.

road or any branch thereof with, and to enter upon the same in
any part thereof, and to use the same, paying such a sum there-
for as the legislature shall prescribe, and complying with such
regulations and rules as the directors of the said West Stock-
bridge Rail-road Corporation may, from time to time, prescribe,
by virtue of the eighty-third section of the thirty-ninth chapter of
the said Revised Statutes.
The western Sect. 6. The said Western Rail-road Corporation may, at

rail-road may g|^y [JQie, on or before the first day of December, in the year
road, «&c. One thousand eight hundred and thirty-nine, assume and purchase

the rail-road hereby authorized to be made, and hold and use the
same as a part of their main road, or as a branch thereof; or a
part thereof as a portion of their main road, and the residue as a
branch thereof, upon paying to the said West Stockbridge Rail-road
Corporation such a sum as will reimburse them the amount of cap-
ital paid in and expended thereon, with interest from the time of
payment thereof by the stockholders, to the time of such purchase.
And upon such payment, or a tender thereof, the said West
Stockbridge Rail-road Corporation shall assign and convey to
the said Western Rail-road Corporation the said road, with all
the privileges thereto belonging, and thereafter the said Western
Rail-road Corporation may hold and use the same under the pro-
visions of their act of incorporation, as fully as if they had origi-
nally located and constructed said road under said act ; and in
that event this act shall be void. [Jlpril 5, 1836.]

Chnn 1 SS ^^ ^^"^ '° incorporate Ihe Beverly Female Charitable Society.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :
Persons incor- Sect. I. Mary Weld, Nancy Bridge, and Charlotte Rantoul,
porate . their associates and successors, are hereby made a corporation,

by the name of "the Beverly Female Charitable Society," with
power to take and hold, by subscription, gift, grant, purchase,
Estate. bequest or otherwise, personal and real estate, not exceeding in

ainount, at any one time, ten thousand dollars, the funds so held,
and the income thereof, to be expended and to be applied, so as
best to promote the objects of the society, subject to the provi-
sions of the forty-fourth chapter of the Revised Statutes, passed
on the fourth day of November, in the year one thousand eight
hundred and thirty-five.
Treasurer. Sect. 2. The treasurer of said society shall be a single wo-

man, of the age of twenty-one years or upwards.
Accountability Sect. 3. Every married woman belonging to said society,
of husbands. ^^j^^ g|jg]j j.gceive any of the money or other property of said
society, shall thereby render her husband accountable therefor to
said society. \_<^pr{l 5, 1836.]

r^h 1 '^/i ^^ '^'^^ '" ^*^'''''°" 'o 3" Act to incorporate the Boston Steam Factory.

" ' BE it enacted by the Senate and House 'of Representatives,
in General Court assembled, and by the authority of the same,
as follows :

Sect. 1. The Boston Steam Factory, in addition to the

1836. Chap. 134—136. 647

powers already granted to them, are hereby empowered to hold increase of per-
the sum of seventy thousand dollars personal estate, for the pur- ^°"*' estate,
pose of carrying on and extending their manufacture of India
rubber goods, or goods in which gum-elastic is a component part.

Sect. 2. The said Boston Steam Factory shall have all the Powers and du-
powers and privileges, and be subject to all the duties, restric- "^*'
tions and liabilities, set forth in the thirty-eighth and forty-fourth R. s. ch. 38. 44.
chapters of the Revised Statutes, passed on the fourth day of
November, in the year one thousand eight hundred and thirty-five.
[April 5, 1836.]

An Act to incorporate the Massachusetts Mining Company. f^hnrt 1 '^'i

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

Sect. 1. Edward Eldridge, William B. Dorr and Ralph S. Persons incor-
Dorr, their associates and successors, are hereby made a corpo- pof^ted.
ration, by the name of the Massachusetts Mining Company, for
the purpose of digging and mining for coal and other minerals,
and for metals, within the counties of Bristol and Norfolk, and
for converting the same to useful purposes, with all the powers powers and du-
and privileges, and subject to all the duties, restrictions and lia- ''es-
bilities, set forth in the thirty-eighth and forty-fourth chapters of r. s. ch.38.44.
the Revised Statutes, passed on the fourth day of November,
in the year one thousand eight hundred and thirty-five.

Sect. 2. Said corporation may hold, for the purposes afore- Real estate and
said, real estate to the amount of fifty thousand dollars, and the ^^^P"^' ^^°'^^-
whole capital stock of said company shall not exceed the sum of
seventy-five thousand dollars. [April 5, 1836.]

An Act to incorporate the Amherst Manufacturing Company. CllCLT) 1 36.

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

Sect. 1. Thomas Jones, Marshall S. Jones and Daniel W. Persons incor-
Willard, their associates and successors, are hereby made a cor- P""^^^-
poration, by the name of the "Amherst Manufacturing Compa-
ny," for the purpose of manufacturing woollen, cotton and other
goods, in the town of Amherst, in the county of Hampshire ;
and for this purpose shall have all the powers and privileges, and Powers and du-
be subject to all the duties, restrictions and liabilities, set forth in "®^'
the thirty-eighth and forty-fourth chapters of the Revised Stat- r. s. ch. 38. 44.
utes, passed on the fourth day of November, in the year one
thousand eight hundred and thirty-five.

Sect. 2. The said corporation may hold real estate to the Real estate and
amount of fifty thousand dollars, and the whole capital stock of "^^P"*' ^*°'^^'
said corporation shall not exceed the sum of one hundred thou-
sand dollars. [April 5, 1836.]

648 1836. Chap. 138—140.

C^hnn 138 ^^ ^^^ '° incorporate the Boston Pearl Manufacturing Company.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :
Persons incor- Sect. I. George Odiorns, Parker H. Pierce and Edward
porated. j^^ Clark, their associates and successors are hereby made a

manufacturing corporation, by the name of the " Boston Pearl
Manufacturing Company," for the purpose of manufacturing arti-
cles composed wholly or in part of pearl, within the city of Bos-
Powers and du- ton ; and for this purpose shall have all the powers and privi-
*'es. leges, and be subject to all the duties, restrictions and liabilities,

R. S. eh. 38. 44. set forth in the thirty-eighth and forty-fourth chapters of the Re-
vised Statutes, passed on the fourth day of November, in the year
one thousand eight hundred and thirty-five.
Real estate and Sect. 2. The said corporation may hold, for the purposes
capital stock, gforesaid, real estate to the amount of thirty thousand dollars, and
the whole capital stock of said corporation shall not exceed the
amount of eighty thousand dollars. [April 5, 1836.]

r^h 1 '^Q •'^" Act to incorporate the Massachusetts Hemp Company.

■" * BE it enacted by the- Senate and House of Representatives,

in General Court assembled, and by the authority of the same,
as follows :
Persons incor- Sect. 1. J. W. Lewis, John Goulding and J. W. Harris,
porated. ^j^gjj. associates and successors, are hereby made a manufac-

turing corporation, by the name of the Massachusetts Hemp
Company, for the purpose of spinning hemp and flax, and manu-
facturing cordage, duck, hemp, bagging, twine and lines, in the
Powers and city of Boston, within the county of Suffolk, and for this purpose
*'""^^* shall have all the powers and privileges, and be subject to all the

R.S.ch. 38. 44. duties, restrictions and liabilities, set forth in the thirty-eighth
and forty-fourth chapters of the Revised Statutes, passed on the
fourth day of November, in the year one thousand eight hundred
and thirty-five.
Real estate and Sect, 2. The said Corporation may hold, for the purposes
capital stock, aforesaid, real estate to the amount of fifty thousand dollars, and
the whole capital stock of said corporation shall not exceed the
amount of one hundred and fifty thousand dollars. [April 5,
1836.] Add. act, 1837 ch. 237.

C^hnn'\^0 ■'^" ^^"^ to incorporate the Argus Manufacturing Company.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :
Persons incor- Sect. 1. Robert G. Shaw, James Harris and Charles W.
porated. Cartwright, their associates and successors, are hereby made a

manufacturing corporation, by the name of the Argus Manufac-
turing Company, for the purpose of manufacturing hemp, flax
and other vegetable fibrous substances, in the counties of Suffolk
Powers and and Norfolk ; and for this purpose shall have all the powers and
duties. privileges, and be subject to all the duties, restrictions and liabili-

R. S. ch.38.44. ties, set forth in the thirty-eighth and forty-fourth chapters of the

1836. Chap. 140—143. 649

vised Statutes, passed on the fourth day of November, in the
year one thousand eight hundred and thirty-five.

Sect. 2. The said corporation may hold, for the purposes Real estate and
aforesaid, real estate to the amount of fifty thousand dollars, and "=*P"*' ^'***^'^-
the whole capital stock of said corporation shall not exceed the
amount of two hundred and fifty thousand dollars, [^^pril 5,
1836.]

An Act to incorporate the Worthen Manufacturing Company. C^A/7wl4il

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

Sect. 1. Thomas Bailey, Robert Cross, Daniel Long, and their Persons incor-
associates and successors, are hereby made a manufacturing cor- poi^ated.
poration, by the name of the Worthen Manufacturing Com-
pany, for the purpose of manufacturing cotton by the application
of steam power, in the town of Amesbury, in the county of Essex,
and for this purpose shall have all the powers and privileges. Powers and du.
and be subject to all the duties, restrictions and liabilities, set "^^'
forth in the thirty-eighth and fourth-fourth chapters of the Re- RS.ch. 38. 44.
vised Statutes, passed on the fourth day of November, in the
year one thousand eight hundred and thirty-five.

Sect. 2. The said corporation may hold, for the purposes Real estate and
aforesaid, real estate to the amount of thirty thousand dollars, and *=^P"*' ^^°^^'
the whole capital stock of said corporation shall not exceed the
amount of sixty thousand dollars. \_April 5, 1836.]

An Act to incorporate the Arkwright Company. C^hflT} 1 412

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

Sect. 1. Jesse Fox, Sidney Spaulding, and William W.Wy- Persons incor-
man, their associates and successors, are hereby made a manu- P***^*'® •
facturing corporation, by the name of the Arkwright Company,
for the purpose of improving and manufacturing machinery, either
in the county of Suffolk or Middlesex, and for this purpose shall Powers and
have all the powers and privileges, and be subject to all the du- <^""es.
ties, restrictions and liabilities, set forth in the thirty-eighth and
forty-fourth chapters of the Revised Statutes, passed on the R. S. ch. 38. 44.
fourth day of November in the year one thousand eight hundred
and thirty-five.

Sect. 2. The said corporation may hold, for the purposes Real estate and
aforesaid, real estate to the amount of fifty thousand dollars, "^^P"*' *'°*^''-
and the whole capital stock of said corporation shall not exceed the
amount of one hundred and fifty thousand dollars. [April 5,
1836.]

An Act to incorporate the Mansfield Coal Company. ChOT) 143

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

Sect. 1. James L. Hodges, Elkanah Bates, and Nathaniel Persons incor-
Dorr, their associates and successors, are hereby made a corpo- ^°^^ ^

VOL. VII. 82

650

1836.-

■Chap. 143—146.

ration, by the name of the Mansfield Coal Company, for the pur-
pose of digging and mining for coal and other minerals, within the
counties of Norfolk and Bristol, and of converting the same to
useful purposes, with all the powers and privileges, and subject
to all the duties, restrictions and liabihties, set forth in the thirty-
R.S. ch. 38. 44. eighth and forty-fourth chapters of the Revised Statutes, passed
on the fourth day of November, in the year one thousand eight
hundred and thirty-five.

Sect. 2. Said corporation may hold, for the purposes afore-
said, real estate, to the amount of fifty thousand dollars, and per-
sonal estate to the amount of fifty thousand dollars. [^.Rpril 5,
1836.]

Powers and
duties.

Real and per
sonal estate.

Chapl4>^-

Persons incor-
porated.

Powers and du-
ties.

R. S. ch. 38. 44.

Real estate and
capital stock.

Chap} ^5.

Persons incor-
porated.

Powers and du-
ties.

R.S.ch. 44.

Real estate and
capital stock.

An Act to incorporate the Agawani Canal Company.

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

Sect. I. Charles Ely, Joseph S. Stebbins, and Henry P.
Kent, their associates and successors, are hereby made a corpo-
ration, by the name of the Agawam Canal Company, for the pur-
pose of creating water power, and manufacturing machinery in the
town of West Springfield, in the county of Hampden ; and for
this purpose shall have all the powers and privileges, and be subject
to all the duties, restrictions and liabilities, set forth in the thirty-
eighth and forty-fourth chapters of the Revised Statutes, passed
on the fourth day of November, in the year of our Lord one
thousand eight hundred and thirty-five.

Sect. 2. Said corporation may hold, for the purposes afore-
said, real estate to the amount of one hundred thousand dollars,
and the whole capital stock of said company shall not exceed
the amount of two hundred thousand dollars, [^pril 5, 1836.]

An Act to incorporate the Maverick Water Power Company.

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

Sect. 1. Stephen Locke, Benjamin Lamson, and Joseph
Ripley, their associates and successors, are hereby made a cor-
poration, by the name of the Maverick Water Power Company,
for the purpose of constructing a dam across the basin at East
Boston, so as to enclose the water within the same, thereby to
create a power for mechanical or manufacturing purposes, with
authority to construct all necessary sluiceways, causeways and
other works, and for this purpose shall have all the powers and
privileges, and be subject to all the duties, restrictions and
liabilities, set forth in the forty-fourth chapter of the Revised
Statutes, passed on the fourth day of November, in the year one
thousand eight hundred and thirty-five.

Sect. 2. The said corporation may hold, for the purposes
aforesaid, real estate to the aii ^unt of seventy-five thousand doL

1836. Chap. 145—147. 651

lars, and the whole capital stock of said corporation shall not ex-
ceed the amount of one hundred thousand dollars. [^pril 5,
1836.]

An Act for increasing the Capital Stock of the Boston and Lowell Rail-road Corpo- f^Jif/Y) 1 Afi

BE it enacted by the Senate and House of Representatives, 1832 ch! 87.
in General Court assembled, and by the authority of the same, 1834 ch.i.
as follows :

[Thatl the capital stock of the Boston and Lowell Rail-road increase of cap-
Corporation be further increased, six hundred shares of five hun- ''»' stock,
dred dollars each. Provided, that the annual report required to
be made to the legislature by the directors, shall be under oath
of the directors ; and the legislature may, at all times, examine
into the books and doings of said corporation ; and may further, State may pur-
after twenty years from the opening of said rail-road for use, pur- ^^f^ '^' '^^^ '
chase of the said corporation, the said rail-road, and all the fran-
chise, property, rights and privileges of the corporation, by pay-
ing them therefor, such a sum, as, together with the whole sum
received by said corporation, from tolls and all other sources of
profit, will reimburse them the amount of capital paid in, for con-
structing and keeping in repair said rail-road, and other necessary
expenses, with a net profit thereon of ten per cent, per annum,
any thing contained in the twelfth section of their act of incorpora-
tion, passed on the fifth day of June, one thousand eight hundred
and thirty, or in the first section of an additional act, passed on
the fifth day of March, one thousand eight hundred and thirty-
two, to the contrary notwithstanding : and provided, also, that the Proviso,
legislature may, at all times, exercise the same powers in relation
to altering, amending or repealing the said original act of incorpo-
ration, or any act in addition thereto, as are contained in the forty-
fourth chapter of the Revised Statutes, passed on the fourth day
of November, in the year one thousand eight hundred and thirty-
five ; except that the tolls shall not be so fixed or altered, as to
reduce the net profits arising from all sources, to less than ten
per cent, per annum : and provided, also, that said last named Proviso,
proviso shall be null and void, unless the same shall be assented
to by a majority of the stockholders of said corporation, within
thirty days from the time when this act shall take effect, [^^pril
6, 1836.]

An Act to establish an Institution for Savings in Sturbridge. Cllttl) 147

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

Calvin P. Fiske, Simeon A. Drake and Horatio N. Drake, Persons incor-
their associates and successors, are hereby made a corporation, P°^^^^^-
by the name of " The Sturbridge Institution for Savings," to be
established in the town of Sturbridge, in the county of Worces-
ter, with all the powers and privileges, and subject to all the du- Powers and
ties, liabilities and restrictions set forth in the thirty-sixth chapter "^'^*'

662

1836.-

-Chap. 147—150.

R. S. ch. :

ChapUS.

Persons incor-
porated.

Powers and
duties.

R. S. ch. 38. 44.

Real estate and
capital stock.

ChapUd.

1802 ch. 60.
(v. 3. p. 60.)

1803 ch 67.
(v. 3. p. 287.)

1804 ch. 24.
(v. 3. p. 460.)
1817 ch. 112.
1824 ch. 20.
Act of incorpo-
ration continu-
ed.

Powers and du-
ties.

R. S, ch. 37.

Chap 150.

1834 ch. 101.

1835 ch. 67.

Time extended.

of the Revised Statutes, passed on the fourth day of November,
in the year one thousand eight hundred and thirty-five, [^^pril
6, 1836. J

An Act to incorporate the New England Knitting- Machine Company.

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

Sect. 1. Thomas J. Whittemore, Charles Willis, and
George C Barrett, their associates and successors, are hereby
made a corporation, by the name of " The New England Knitting
Machine Company," for the purpose of vending and making Mc-
Mullen and Hollen's patent knitting machine, and for manufactur-
ing hosiery and other knit work in the city of Boston, and for this
purpose shall have all the powers and privileges, and be subject
to all the duties, restrictions and liabilities set forth in the thirty-
eighth and forty-fourth chapters of the Revised Statutes, passed
on the fourth day of November, in the year one thousand eight
hundred and thirty-five.

Sect. 2. The said company may hold, for the purposes
aforesaid, real estate to the amount of twenty thousand dollars,
and the whole capital stock of said company shall not exceed
fifty thousand dollars, [^prild, 1836.]

An Act to continue in force an Act to incorporate the Suffolk Insurance Company.

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

The statute of the year one thousand eight hundred and
eighteen, incorporating the Suffolk Insurance Company, and the
several acts in addition thereto shall be continued and remain in
force for the term of twenty years, from and after the thirteenth
day of February, in the year one thousand eight hundred and
thirty-eight, and said company shall have all the powers and
privileges, and be subject to all the duties, restrictions and liabil-
ities set forth in the thirty-seventh chapter of the Revised Stat-
utes, passed on the fourth day of November, in the year one
thousand eight hundred and thirty-five, [^pril 6, 1836.]

An Act to extend the time for paying in the Capital Stock of the India Fire and
Marine Insurance Company.

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

The time wherein the capital stock of the India Fire and Ma-
rine Insurance Company, is by law required to be paid in, is
hereby extended to the twenty-fifth day of March, in the year
one thousand eight hundred and thirty-seven. [^Jlpril 6, 1836.]

1836 Chap. 151—153. 653

An Act to incorporate the Keith Iron Company. ChCL'D 151

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

Sect. 1. Levi Keith, Jr., Zenas Keith, Jr., Sylvanus L. Persons incor-
Mitchell, their associates and successors, are hereby made a P°'^^
manufacturing corporation, by the name of the " Keith Iron
Company," for the purpose of rolling and slitting iron, and the
manufacture of nails and tacks in the town of East Bridgewater,
in the county of Plymouth ; and for this purpose, shall have all Powers and
the powers and privileges, and be subject to all the duties, re-
strictions and liabilities set forth in the thirty-eighth and forty- ^-S-ch.ss. 44.
fourth chapters of the Revised Statutes, passed on the fourth
day of November, in the year one thousand, eight hundred and
thirty-five.

Sect. 2. The said corporation may hold, for the purposes Real estate and
aforesaid, real estate to the amount of twenty thousand dollars, "^^^"^ *'°*' '
and the whole capital stock of said corporation shall not exceed
the amount of one hundred thousand dollars. [Jlpril 6, 1836.]

An Act to incorporate the Midneag Manufacturing Company. G«0!2?152.

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

Sect. 1. Caleb Rice, Charles Ely and Joseph S. Stebbins, Persons incor-
tbeir associates and successors, are hereby made a manufacturing porated.
corporation, by the name of the " Midneag Manufacturing Com-
pany," for the purpose of manufacturing cotton, wool and rna-
chinery, in the town of West Springfield, in the county of Hamp-
den ; and for this purpose, shall have all the powers and privi- Powers and
leges, and be subject to all the duties, restrictions and liabilities, ^""^^•
set forth in the thirty-eighth and forty-fourth chapters of the Re- R. S. ch. 38. 44.
vised Statutes, passed on the fourth day of November, in the
year one thousand eight hundred and thirty-five.

Sect. 2. The said corporation may hold, for the purposes ^^^1 estate and
aforesaid, real estate to the amount of fifty thousand dollars, and capital stock,
the whole capital stock of said corporation shall not exceed the
amount of two hundred and fifty thousand dollars, [^pril 6,
1836.]

An Act to incorporate the " Neponset Paper Mills." Chctp 1 b3.

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

Sect. 1. Silas Smith, Ellis Morse, and Warren Lewis, Persons incor-
their associates and successors, are hereby made a manufacturing porated.
corporation, by the name of the "Neponset Paper Mills," for
the purpose of manufacturing paper in the town of Walpole, in
the county of Norfolk ; and, for this purpose, shall have all the Powers and du-
powers and privileges, and be subject to all the duties, restric-
tions and liabilities set forth in the thirty-eighth and forty-fourth R- S. ch. 38. 44.
chapters of the Revised Statutes, passed on the fourth day of

654 1836. Chap. 153—157.

November, in the year one thousand eight hundred and thirty-
five.
Real estate and Sect. 2. The said corporation may hold, for the purposes
capital stock, aforesaid, real estate to the amount of forty thousand dollars, and
the whole capital stock of said corporation shall not exceed the
amount of eighty thousand dollars, [^pril G, 1S86.]

Chttl) 1 55. '^'^ ^^"^ '° incorporate the Mills Steam Company.

BE it enacted by the Senate and House of Representatives,

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

as folloiDS :

Persons incor- Sect. 1. Stephen Webster, Enoch W. Osgood, and Zeb-

porated. edee Morrill, their associates and successors, are hereby made a

manufacturing corporation, by the name of the " Mills Steam

Company," for the purpose of manufacturing machinery by steam

power, in the towns of Salisbury and Amesbury, in the county

Powers and du- of Essex ; and for this purpose shall have all the powers and

"^*- privileges, and be subject to all the duties, restrictions and liabil-

R. S.ch.38. 44. ities, set forth in the thirty-eighth and forty-fourth chapters of

the Revised Statutes, passed on the fourth day of November, in

the year one thousand eight hundred and thirty-five.

Real estate and Sect. 2. The said Corporation may hold, for the purposes

capital stock, aforesaid, real estate to the amount of ten thousand dollars,

and the whole capital stock of said corporation shall not exceed

the amount of twenty-five thousand dollars, [^^pril 6, 1836.]

ChwD 1 56. '^" ^^"^ '° incorporate the Warren Company.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as folloics :
Persons incor- Sect. 1. Jacob Sauudcrs, Ira Brown, Albert Howe, their
porated. associates and successors, are hereby made a manufacturing cor-

poration, by the name of the "Warren Company," for the pur-
pose of manufacturing cotton goods in the town of Townsend, in
Powers and the couiUy of Middlesex ; and for this purpose shall have all the
'^"^"'^- powers and privileges, and be subject to all the duties, restrictions

R. S. ch. 38. 44. and liabilities, set forth in the thirty-eighth and forty-fourth chap-
ters of the Revised Statutes, passed on the fourth day of No-
vember, in the year one thousand eight hundred and thirty-five.
Real estate and Sect. 2. The said Corporation may hold, for the purposes
capital stock, aforesaid, real estate to the amount of fifty thousand dollars, and
the whole capital stock of said corporation shall not exceed
the amount of one hundred and fifty thousand dollars, [^^pril
8, 1836.]

ChttV 157. ^" ^^"^ '° extend the time for paying in the Capital Stock of the "Bowdoin Insur-
■* ance Company, in Boston."

1835 ch. 63^' BE ''^ enacted by the Senate and House of Representatives,

in General Court assembled, and by the authority of the same,
as follows :

Time extended. The time wherein the capital stock of the Bowdoin Insurance
Company is by law required to be paid in, is hereby extended to
the twenty-fifth day of March, in the year one thousand eight
hundred and thirty-seven. [April 8, 1836.]

1836. Chap. 158—161. 655

An Act further to regulate the Fisheries in Mystic River. Chfin I 'iR

BE it enacted hy the Senate and House of Representatives^ 1788 ch 68
in General Court assembled^ and by the authority of the same, (v. i. p. 238.)
as follows: ll'V^fii)

The inhabitants of the town of Medford may hereafter take 1802 ch. 78.
shad and alewives in the Mystic river, on the flood as well as on isjf^.'^' |i"^
the ebb tide, on Wednesday of each week, between the first day I820ch.67!
of March and the last day of June, inclusive, any thing in the
"act of February fourteenth, in the year eighteen hundred and
twenty-one," for the regulation of the shad and alewive fishery
in Cambridge, Charlestown, Medford and West Cambridge, to
the contrary notwithstanding, [^pril 8, 1836.]

An Act to incorporate the Proprietors of the Amherst Female Seminary. CHcLD 159

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

Sect. 1. Heman Humphrey, Edward Hitchcock, and Sol- Persons incor-
omon Pitkin, their associates and successors, are hereby made a P°''^^^°-
corporation, by the name of the Proprietors of the Amherst Fe-
male Seminary, to be established in the town of Amherst, in the
county of Hampshire; with all the powers and privileges, and Powers and du-
subject to all the duties, restrictions and liabilities, set forth in "*^^'
the forty-fourth chapter of the Revised Statutes, passed on R. S. ch. u.
the fourth day of November, in the year one thousand eight hun-
dred and thirty-five.

Sect. 2. The said corporation may hold real estate to the Real and per-
amount of ten thousand dollars, and |)ersonal estate to the amount sonal estate,
of ten thousand dollars, to be devoted exclusively to the pur-
poses of education, [^pril 8, 1836. J

An Act to increase the Capital Slock of the Granite Railway Company. ChttT) 1 60

BE it enacted by the Senate and House of Representatives, 1825 ch. las
in General Court assembled, and by the authority of the same, ^^^i ch. 48.
as follows :

The Granite Railway Company are hereby authorized to in- Increase of cap-
crease their capital stock by the addition of one hundred and ""' ^^°'^^'
fifty thousand dollars, and to divide their whole capital stock into
any number of shares, not exceeding twenty-five hundred.
[April 8, 1836.]

An Act to incorporate the Hampshire and Hampden Mining Company. ChwO 161

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

Sect. 1. Forrest Shepherd, John B. Gray, and Ephraim Persons incor-
M. Cunningham, their associates and successors, are hereby ported,
made a corporation, by the name of the Hampshire and Hamp-
den Mining Company, for the purpose of exploring, quarrying
and mining for iron, marble and lime, and other minerals and
metals, within the counties of Hampshire and Hampden, in this
Commonwealth, and converting the same to useful purposes ;
with all the powers and privileges, and subject to all the duties. Powers and du-

656

1836.-

•Chap. 161—164.

R. s.ch.38.44. restrictions and liabilities, set forth in the thirty-eighth and forty-
fourth chapters of the Revised Statutes, passed on the fourth
day of November, in the year one thousand eight hundred and
thirty-five.

Sect. 2. The said corporation may hold such real estate,
not exceeding one hundred thousand dollars in value, and such
personal estate, not exceeding fifty thousand dollars in value, as
may be necessary to carry into effect the purposes aforesaid.
[Aprils, 18.36.]

Real and per
sonal estate.

Chap 162.

Persons incor-
porated.

Real and per-
sonal estate.

Chap\63.

Persons incor-
porated.

Powers and
duties.

R. S. ch. 33. 44.

Real estate and
capital stock.

Chap\6L

Persons incor-
porated.

An Act to incorporate the Proprietors of the Marlboro' Chapel in Boston.

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

Willard Sears, Amasa Walker and Increase S. Withington,
their associates and successors, are hereby made a corporation,
by the name of the Marlboro' Chapel in Boston, with all the
powers and privileges, and subject to the duties and liabili-
ties, incident to religious societies in this Commonwealth, with
power to hold real and personal estate, to an amount including
their chapel, and the land under and appurtenant to the same, not
exceeding in value the sum of eighty thousand dollars, and the
same to sell, mortgage, or otherwise dispose of: provided, the
income thereof be appropriated exclusively to parochial purposes.
[April 8, 1836.]

An Act to incorporate the Chicopee Falls Company.

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

Sect. 1. David M. Bryant, David Bemis, George W.
Buckland, their associates and successors, are hereby made a
manufacturing corporation, by the name of " the Chicopee Falls
Company," for the purpose of manufacturing machinery in the
town of Springfield, in the county of Hampden, and for this pur-
pose shall have all the powers and privileges, and be subject to
all the duties, restrictions, and liabilities set forth in the thirty-
eighth and forty-fourth chapters of the Revised Statutes, passed
on the fourth day of November, in the year one thousand eight
hundred and thirty-five.

Sect. 2. The said corporation may hold, for the purposes
aforesaid, real estate to the amount of twenty-five thousand dol-
lars, and the whole capital stock of said corporation shall not
exceed the sum of seventy-five thousand dollars. [Jlpril 8,
1836.]

An Act to incorporate the Patent Cork Manufactory.

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

Sect. 1. .John Henshaw, Ebenezer C Leman and Jonathan
Cutter, their associates and successors, are hereby made a manu-

1836. Chap. 164—167. 657

facturing corporation, by the name of the " Patent Cork Manu-
factory," for the purpose of manufacturing corks in the city of
Boston, and for this purpose shall have all the powers and privi- Powers and
leges, and be subject to all the duties, restrictions and liabilities,
set forth in the thirty-eighth and forty-fourth chapters of the Re- R. S. ch.38.44.
vised Statutes, passed on the fourth day of November, in the
year one thousand eight hundred and thirty-five.

Sect. 2. The said corporation may hold, for the purposes Real estate and
aforesaid, real estate to the amount of twenty thousand dollars, ^^P'^*' *'°<=^-
and the whole capital stock of said corporation shall not exceed
the sum of one hundred thousand dollars. [^Jlpril 8, 1836.]

An Act to incorporate the " Beaver Brook Manufactory." CflCtV 1 65.

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

Sect. 1. Willard Sayles, Ebenezer T. Andrews and Fran- Persons incor-
cis Skinner, their associates and successors, are hereby made a P"""^*^^ •
manufacturing corporation, by the name of the " Beaver Brook
Manufactory," for the purpose of manufacturing cotton and wool-
len goods, in the town of Dracut, in the county of Middlesex,
and for this purpose shall have all the powers and privileges, and Powers and du-
be subject to all the duties, restrictions and liabilities, set forth *'^^'
in the thirty-eighth and forty-fourth chapters of the Revised R. S. ch.38.44.
Statutes, passed on the fourth day of November, in the year one
thousand eight hundred and thirty-five.

Sect. 2. The said corporation may hold, for the purposes Real estate and
aforesaid, real estate to the amount of seventy-five thousand dol- <''*P''^^ *'<^*='^-
lars, and the whole capital stock of said corporation shall not
exceed the amount of two hundred thousand dollars. [Jlpril 8,
1836.]

An Act to incorporate the Proprietors of the Protestant Episcopal Church in Worces- (Jh/if) 1 QQ

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

Thomas H. Vail, Ira Barton and Edward F. Dixie, their as- Persons incor-
sociates and successors, are hereby made a corporation, by the poJ'ated.
name of the Proprietors of the Protestant Episcopal Church in
Worcester, with power to hold real and personal estate to an Real and per-
amount not exceeding the value of twenty thousand dollars : pro- ^°"*' «s'^^^-
vided, the same be appropriated exclusively to parochial purposes.
lApril 8, 1836.]

An Act confirming the doings of the Proprietors of Union Wharf, in the recent con- f^hnrt ] 67.
struciion of the abutment at the end thereof. "

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

The doings of the proprietors of the wharf in the city of Bos- Doings of pro-
ton, (now called and known by the name of Union wharf,) in pnetorscon-
the constructing of the head or abutment of said wharf, made

VOL. VIT. 83

658 1836. Chap. 167—169.

since the last session of the general court, are hereby ratified and
confirmed, and the said proprietors shall possess and enjoy the
same as a part of said wharf, and shall have the right and privi-
lege of using and occupying the flats adjacent to said head or
abutment, at the ends and sides thereof, in the same manner in
which they have hitherto had the right to use and occupy the

Proviso. flats or docks adjoining the other portions of said wharf : provid-

ed, that neither they nor their assigns shall have or claim any
right to use and occupy the flats on the south side of said head
or abutment, beyond a line drawn in continuation of the boundary
line, established by the first section of the act authorizing the ex-

1828 ch. 92. tension of said wharf, passed on the twenty-seventh day of Feb-
ruary, in the year one thousand eight hundred and twenty-nine :
and provided, also, that nothing herein contained shall be so con-
strued as to authorize said proprietors to lessen or injure the rights
or property of any other person or persons whatsoever, [^^pril
9, 1836.]

ChflT) 168 ^^ ■^^^ ^° incorporate the Eliot Society, in Roxbury.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
as follows :
Persons incor- Sect. 1. John Heath, William G. Lambert, and Alvah
porated. Kittredge, together with all persons who are subscribers to the

stock, or who now are, or shall hereafter become proprietors of
pews in the meeting-house situated in Kenilworth street, in Rox-
bury, are hereby made a corporation, by the name of the Eliot
Society in Roxbury, -with all the powers and privileges, and sub-
ject to all the duties and liabilities incident to religious societies
Real and per- in this Commonwealth, and with power to hold real and personal
sonai estate. estate, the income of which, exclusive of their said meeting-
house, and the land under and appurtenant to the same, shall not
exceed the sum of two thousand dollars per annum : provided,
the same shall be applied exclusively to parochial purposes.
Assessment on Sect. 2. Said society may assess upon the pews in said
P®^^' house, according to a valuation thereof, to be agreed upon by said

society, such sums as shall be by them voted to be raised for the
support of public worship in said house, and other parochial
charges of said society ; and all such assessments may be col-
R. S. ch.20. lected, in the manner provided by the thirty-second, thirty-third
=^ ■ ■ * and thirty-fourth sections of the twentieth chapter of the Revised
Statutes, passed the fourth day of November, in the year one
thousand eight hundred and thirty-five. [Jipril 9, 1836.]

ChCfP 1 69. ^"^ ^^"^ '° incorporate the Quinsigamond Paper Mills Company.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :
Persons incor- Sect. 1. Isaac Goddard, Orlow Brown, Gardner S. Bur-
porated. bank, their associates and successors, are her.eby made a manu-

facturing corporation, by the name of the Quinsigamond Paper
Mills Company, for the purpose of manufacturing paper and

1836. Chap. 169—172. 659

books, in the town of Worcester, in the county of Worcester ;

and, for these purposes, shall have all the powers and privileges, Powers and du-

and be subject to all the duties, restrictions and liabilities, set ^'^'"

forth in the thirty-eighth and forty-fourth chapters of the Revised R. S.ch.38. 44.

Statutes, passed on the fourth day of November, in the year one

thousand eight hundred and thirty-five.

Sect. 2. The said corporation may hold, for the purposes Real estate and
aforesaid, real estate to the amount of fifty thousand dollars, and ^^^^'^^ ^^°^^'
the whole capital stock of said corporation shall not exceed the
amount of one hundred thousand dollars^ ^Jlpril 9, 1836.]

An Act to incorporate the Eagle India Rubber Company. CtlCbtt 1 70

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

Sect. 1. Jacob Richardson, Samuel Sweetser, and Edward Persons incor-
Haynes, Jr., their associates and successors, are hereby made a P*"^*^^^-
manufacturing corporation, by the name of the Eagle India Rub-
ber Company, for the purpose of manufacturing, in the county of
Norfolk, or Middlesex, goods, merchandize, and other articles,
the component stock of which will be wholly, or in part, India
rubber or gum elastic ; and, for this purpose, shall have all the Powers and du-
powers and privileges, and be subject to all the duties, restric- *'^^"
tions and liabilities, set forth in the thirty-eighth and forty-fourth R. S. ch.38.44.
chapters of the Revised Statutes, passed on the fourth day of
November, in the year one thousand eight hundred and thirty-five.

Sect. 2. The said corporation may hold, for the purposes Real estate and
aforesaid, real estate to the amount of fifty thousand dollars, and capital stock,
the whole capital stock of said corporation shall not exceed the
amount of one hundred and fifty thousand dollars, [^pril 9,
1836.]

An Act to extend tiie time for paj'ing in the Capital Stock of the South Boston Fire (JJldTf \'^\ ,
and Marine Insurance Company. -^

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

The time wherein the capital stock of the South Boston Fire Time extended,
and Marine Insurance Company is by law required to be paid in,
is hereby extended unto the twenty-sixth day of February, in
the year one thousand eight hundred and thirty-seven. [^Jlpril
9, 1836.]

An Act to establish the Citizens Bank. Chctp 1 72L

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

Sect. 1. Calvin Willard, Stephen Salisbury, and Hervey Persons incor
Blashfield, their associates and successors, are hereby made a P*""^*«<^'
corporation, by the name of the President and Directors and
Company of the Citizens Bank, to be established in the town of
Worcester, and shall so continue until the first day of October,
in the year one thousand eight hundred and fifty-one, and shall be

660 1836. Chap. 172—174.

Powers and du- entitled to all the powers and privileges, and subject to all the
duties, liabilities and requirements, contained in the thirty-sixth

R. S. ch. 36. chapter of the Revised Statutes, passed the fourth day of No-
vember, in the year one thousand eight hundred and thirty-five.

Transferor Sect. 2. The stock in said bank shall be transferable only

at its banking house and in its books.

Capital slock. Sect. 3. 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 instalments, and at such
times, as the stockholders may direct : provided, the whole be
paid in, on or before the first day of January next. \^pril
9, 1S36.]

ChO/'D 1 73. ^^ ^^^ '° increase the Capital Stock of the Fairhaven Bank.

1830 ch. 115. -^^ *^ enacted by the Senate and House of Representatives,

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

as follows :

Increase of cap- Sect. 1. The President, Directors and Company of the

''^'' Fairhaven Bank, are hereby authorized 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 as the president and directors of said

bank may direct and deteimine : provided, that the whole

amount shall be paid in, on or before the first day of October

next.

Additional Sect. 2. The additional stock aforesaid shall be subject to

lax i^c.^^'^ ° th^ 'i'^s tax, regulations, restrictions and provisions to which the

present capital stock of said corporation is now subject.
Certificate. Sect. 3. Before said corporation shall proceed to do busi-

ness upon said additional capital, a certificate signed by the pre-
sident 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 the Commonwealth. I^pril9, 1836.]

C/ifl/? 1 74. An Act to incorporate the Proprietors of the Elm Street Baptist Meeting-house, in
^ Worcester.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :
^orated '"'^°'^' Sect. 1. John Flagg, Isaac Davis, and Daniel Goddard,
their associates and successors, are hereby made a corporation,
by the name of the Proprietors of the Elm Street Baptist Meet-
Powers and du- ing-house, in Worcester, with all the powers and privileges, and
*'^^' subject to all the duties and liabilities incident to religious socie-

Realandper- ties in this Commonwealth, with power to hold real estate to the
sonal estate. amount of twenty thousand dollars, and personal estate to the
amount of two thousand dollars : provided, the same be appro-
priated exclusively to parochial purposes.
Assessments, Sect. 2. Said proprietors may assess upon the pews in

iT'^th'^ of"^*'' their meeting-house, according to a valuation 'thereof, first to be
agreed upon by them and recorded, such sums as shall be neces-
sary for the support of public worship in said house and other

1836. Chap. 174—176. 661

parochial charges, and all such assessments may be collected in
the manner provided by the thirty-second, thirty-third and thirty-
fourth sections of the twentieth chapter of the Revised Statutes, R. s. ch. 20.
pa?sed the fourth day of November, in the year one thousand
eight hundred and thirty-five. [£pril 9, 1836.]

An Act to incorporate ttie Sutton Manufacturing Company. CflCip l7o.

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

Sect. 1. George B. Slater, George L. Wardwell and Ben- Persons incor-
jamin Hoppin, their associates and successors, are hereby made P"''^^
a manufacturing corporation, by the name of the Sutton Manu-
facturing Company, for the purpose of manufacturing, bleaching
and printing cotton, woollen and silk fabrics, and making machin-
ery in the town of Sutton, in the county of Worcester ; and,
for this purpose, shall have all the powers and privileges, and be Powers and
subject to all the duties, restrictions and liabilities set forth in the
thirty-eighth and forty-fourth chapters of the Revised Statutes, K.- S. ch.38. 44.
passed on the fourth day of November, in the year one thousand
eight hundred and thirty-five.

Sect. 2. The said corporation may hold, for the purposes Real estate and
aforesaid, real estate to the amount of one hundred and fifty <=^P'tai stock,
thousand dollars, and the whole capital stock of said corporation,
shall not exceed the amount of three hundred thousand dollars.
[^pril9, 1836.]

An Act to authorize the Proprietors of Wilkinson and Pratt's Wharf to extend the (^fldj) 176.
same. -'

BE it enacted by the Senate and House of Representatives, in
Gene7'al Court assembled, and by the authority of the same,
as folloivs :

The proprietors of the wharf, in the city of Boston, now Extension of
called and known by the name of Wilkinson and Pratt's Wharf, ed.
are hereby authorized and empowered to extend and maintain the
said wharf straight into the harbor channel, as far as to a line
drawn straight from the present northeasterly corner of Lewis' Boundaries,
wharf, 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 proprietors of said Union wharf
are authorized to extend the same, by an act entitled " an act to 1828 ch. 92.
authorize the proprietors of Union wharf to extend the same,"
passed on the twenty-seventh day of February, in the year one
thousand eight hundred and twenty-nine ; and that the proprie-
tors of the said Wilkinson and Pratt's Wharf shall have and en-
joy the right and privilege of laying vessels at the southerly side
and at the end of their said wharf, and receiving dockage and
wharfage therefor ; provided, that so much of said wharf as may Proviso,
be constructed in said channel, shall be built on piles : and pro-
vided, that nothing herein contained shall be construed to author-
ize the proprietors of said Wilkinson and Pratt's Wharf to lessen
or injure the rights or property of the owner or owners of any

662

1836.-

■Chap. 176—178.

Chaplll.

Persons incor-
porated.

Powers and du-
ties.

R. S. ch. 44.

Penalties for
taking fish
illegally.

Free passage
for fish.

Damages.

Members.

C/i«/7l78.

1833 ch. 42.

Name changed.

wharf or wharves adjoining said Wilkinson and Pratt's Wharf.
\_Jlpnl9, 1836.]

An Act to incorporate the Andrews Fishing Company in Harwich.

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

Sect. 1 . Elijah Small, Obed Brooks, Alvan Walker, their
associates and successors, are hereby made a corporation, by the
name of the Andrews Fishing Company in Harwich, for the
purpose of making the necessary improvements for the preser-
vation and taking of fish called alewives, in Andrews' river, in
said Harwich, and, for that purpose, shall have all the powers
and privileges, and be subject to all the duties, restrictions and
liabilities set forth in the forty-fourth chapter of the Revised
Statutes, passed on the fourth day of November, in the year one
thousand eight hundred and thirty-five.

Sect. 2. If any person, without the permission of the cor-
poration, shall take, catch, or haul on shore, any of said fish in
said river, or the pond from which said river issues, or within
one fourth of a mile, in any direction, from the mouth of said
river, he shall forfeit and pay a fine not exceeding five dollars for
each offence, if the quantity so taken be less than one barrel,
but if the quantity be more than one barrel, such person so of-
fending shall forfeit and pay for each barrel of fish so taken, five
dollars, for the use of said corporation, to be recovered in any
court proper to try the same, nor shall said corporation haul on
shore any fish within one fourth of a mile from the mouth of said
river, under the penalty of twenty-five dollars for each offence.

Sect. 3. Said corporation may, at their own expense, make
a free passage for said fish into the mill-pond at the head of said
river, for the space of fifteen days, annually, in the month of
April or May : provided, they do not injure the owner of the
dam now erected upon said river.

Sect. 4. If any damage shall be done by said corporation
to the property of any individual, not a member of the corpora-
tion, such individual shall be entitled to reasonable damage there-
for.

Sect. 5. All persons who now are, or shall hereafter be,
owners of land adjoining said river, may become members of said
corporation, subject, however, to pay their proportional part of
the expenses which shall have been incurred by said corporation
before the time of their admission. [^April 9, 1836.]

An Act to change the name ot the First Methodist Episcopal Society, in Randolph.

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

The First Methodist Episcopal Society in Randolph shall,
hereafter, be called and known by the name of the Second Bap-
tist Society in Randolph, and as such shall be entitled to all the
rights and privileges, and subject to all the duties and liabilities
of the said Methodist Episcopal Society. [^Jlpril 9, 1836.]

1836. Chap. 179—180. 663

An Act in addition to an Act to establish the District of Marshpee. ^, -. „q

BE it enacted by the Senate and House of Representatives, "

in General Court assembled, and by the authority of the same, 1^34 ch. 166.
as follows :

Sect. 1. In addition to ihe officers which the district of District may
Marshpee now is empowered to elect at their annual meeting in choose field
said district, by the act to which this is an addition, there shall
be chosen, in the same manner as other district officers are now
chosen in said district, two or more field drivers, two or more
fence viewers, and one or more pound keepers, who shall be
proprietors, and shall have all the powers, and be subject to all Their powers
the liabilities and restrictions set forth in the nineteenth chapter ^"^ ^""^^•
of the Revised Statutes, passed on the fourth day of November, R. S.ch. 19.
in the year one thousand eight hundred and thirty-five, so far as
the same is consistent with the provisions of the act establishing
the district of Marshpee.

Sect. 2. The proprietors of said district shall have all the Erection of
powers, and be subject to all the liabilities in relation to erecting ^"""^ ^'
and maintaining pounds in said district, which are set forth in the
chapter of the Revised Statutes above referred to. [April 9,
1836.]

An Act to incorporate the Brewster Harbor Company. C/l(lT) 1 80.

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

Sect. 1. Strabo Clark, Abraham WInslow, Frederick Wins- ^H^^'^l '°'=°^-
low, their associates and successors, are hereby made a corpora- P"""^^
tion, by the name of the Brewster Harbor Company, for the
purpose of widening, deepening and rendering navigable. Mill
creek, so called, in the town of Brewster, and for this purpose Powers and du-
shall have all the powers and privileges, and be subject to all the *'*^^'
duties, restrictions and liabilities, set forth in the forty-fourth K.- S. ch. 44.
chapter of tlie Revised Statutes, passed on the fourth day of
November, in the year one thousand eight hundred and thirty-
five.

Sect. 2. Said corporation may hold real estate to the amount Real and per-
of five thousand dollars, and personal estate to the amount of five
thousand dollars ; and may build a dam or dams across the said ^'■^*'''°^ °^
Mill creek, thereby to raise a head of water, in the most eligible ^"^^'
and convenient place on said creek, to be let off at low water, for
the purpose of clearing and deepening the said creek and channel
into Barnstable bay : provided, that said corporation shall in no Proviso.
way interfere with any private rights, nor obstruct any town road
or public highway to or across said creek, nor interrupt the pas-
sage of alewives up the same, nor interfere with the present rights
of individuals, or the said town of Brewster, to take the said ale-
wives upon the said creek. [April 9, 1836.]

664 1836. Chap. 181—183.

ChttV 181 *'^" ^^^ '° establish the India Bank.

BE it enacted by the Senate and House of Representatives^ in
General Court assembled^ and by the authority of the same,
as follows :
Persons incor- Sect. 1. Alfred Richardsoti, Thomas D. Bradlee and Fran-
porated. ^is Walts, their associates and successors, are hereby created a

corporation by the name of the President, Directors and Com-
pany of the India Bank, to be established in Boston, and shall so
continue until the first day of October, in the year one ihou-
Powers and sand eight hundred and fifty-one, and shall be entitled to all the
duties. powers and privileges, and subject to all the duties, liabilities and

R. S. ch. 36. requirements, contained in the thirty-sixth chapter of the Re-
vised Statutes, passed the fourth day of November, in the year
one thousand eight hundred and thirty-five.
Transferor Sect. 2. The stock of said company shall be transferable

only at its banking house and in its books.
Capital stock. Sect. 3. The Capital stock of said corporation shall consist
of one million dollars, to be divided into shares of one hundred
dollars each, to be paid, in such instalments, and at such times,
as the stockliolders may direct : provided, the whole be paid in,
on or before the first day of January next. [Jlpril 9, 1836.]

ChcLT) I 82 ^" ^^^ ^'^ authorize the Taunton Copper Manufacturing Company to increase their

1832 ch. 134. BE it enacted by the Senate and House of Representatives,

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

as follows :

Increase of cap- The Taunton Copper Manufacturing Company are hereby au-

itai stock. thorized to take and hold, for the purpose of prosecuting the

business of said corporation, real estate to an amount not exceeding

seventy-five thousand dollars in value, and the whole capital stock

of said company shall not exceed the amount of two hundred and

Powers and du- fifty thousand dollars ; the said corporation to have all the powers

*'®*' and privileges, and be subject to all the duties, restrictions and

R. S.ch. 38. 44. liabilities, set forth in the thirty-eighth and forty-fourth chapters

of the Revised Statutes, passed on the fourth day of November,

in the year one thousand eight hundred and thirty-five, [^pril

9, 1836.]

CIlWO 1 83. ■'^" ^^^ making the Pews in the Meeting-house of the First Universalist Society in
■,n-.r. f ,^. ' Roxbury, persona! estate.
1819 ch. 131. .

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :
Pews to be The pews in the meeting-house of the First Universalist Soci-

hereafter per- ety in Roxbury shall hereafter be deemed and taken to be per-
sonal estate ; and the present proprietors shall hold the same
under their respective deeds ; but the mode of future transfers
shall be determined by the by-laws of said corporation, and no
conveyance shall be valid until the same be entered on the rec-
ords of the corporation, [^pril 9, J 836.}

1836. Chap. 184—185. 665

An Act to incorporate the Proprietors of the Baptist Meeting-house at the Upper Chcip 1 84,
Falls in Newton. -^

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

Jesse Winslovv, Isaac Keyes and Ira M. Bullens, their asso- Persons incor.
ciaies and successors, are hereby made a corporation, by the P°''*'® •
name of the Proprietors of the Baptist Meeting-house at the Up-
per Falls in Newton, with power to hold real and personal estate Real and per-
to an amount not exceeding ten thousand dollars : provided, the
same be appropriated exclusively to parochial purposes, which
said property may be divided and holden by said proprietors, in
shares of not less than thirty, nor more than one hundred dollars
each, [^pril 9, 1836.]

An Act to incorporate the Proprietors of Sargent's Wharf in Boston. Kyflttp 1 00»

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

Sect. 1. Daniel Sargent, Henry Sargent and Lucius Man- Persons incor-
lius Sargent, their associates and successors, are hereby made a P"""*'^ ■
corporation, by the name of the Proprietors of Sargent's Wharf,
with power to purchase and hold, in fee simple or otherwise, all
or any part of that real estate situated at the northeasterly part of
Boston, and commonly known by the name of Sargent's Wharf, Boundaries of
bounded westerly upon Ann street, northerly, in part, by a '^ , gg
passage way, in part, by land of Daniel Ballard, and, in part, by i833ch. 35.'
land or flats adjacent to the estate called Union Wharf, easterly,
by the sea, and southerly, in part, by land or flats adjacent to the
estate of Wilkinson and Pratt, in part, by land of the same per-
sons, and in part by land of Joseph Urann to Ann street, with
all the privileges and appurtenances to the said premises belong-
ing ; and the said corporation within the limits aforesaid, may
construct docks and wharves, erect warehouses and buildings,
and improve and manage the said property as to them may seem
expedient ; provided, however, that nothing herein contained,
shall authorize the said corporation to infringe upon the legal
rights of any person.

Sect. 2. The said corporation may, at any legal meeting. Number of
agree upon the number of shares, not exceeding two hundred, amouat^of
into which their stock shall be divided, which shares shall be stock,
transferable in a book to be kept by the clerk of the corporation
for that purpose ; the corporation may, from time to time, assess
on the stockholders such sums of money, not exceeding, in the
whole, two hundred thousand dollars, as maybe necessary for the
purchase, improvement and management of their said estate, and
shall have all the powers and privileges, and be subject to all the Powers and
liabilities and duties expressed and contained in the forty-fourth
chapter of the Revised Statutes, passed on the fourth day of R. S. ch. 44.
November, in the year one thousand eight hundred and thirty-
five, [.^pril 9, 1836.]

VOL. VII. 84

666 1836. Chap. 186—187.

Chat) 1 86 •'^" ^'^'^ *° incorporate the Boston and Millbury Water Power and Manufacturing Com-

BE it enacted by the Senate and House of Representatives^
in General Court assembled, and by the authority of the same,
as follows :
Persons incor- Sect. 1. Asa H. Waters, William Tucker, and Daniel
porated. Denny, their associates and successors, are hereby made a manu-

[Name chang- facturing corporation, by the name of the Boston and Millbury
ed^i836chi Steam Power and Manufacturing Company, for the purpose of
manufacturing woollen, and manufacturing and printing cotton
goods, and making paper, in the town of Millbury, in the county
Powers and of Worcester, and for these purposes, shall have all the power
duties. gi^j privileges, and be subject to all the duties, restrictions and

R. S. eh. 38. 44. liabilities, set forth in the thirty-eighth and forty-fourth chapters
of the Revised Statutes, passed on the fourth day of Novem-
ber, in the year one thousand eight hundred and thirty-five.
Real estate and Sect. 2. The said corporation may hold, for the purposes
capital stock, gforesaid, real estate to the amount of seventy-five thousand dollars,
and the whole capital stock of said corporation shall not exceed
the amount of one hundred and fifty thousand dollars, [^pril
9, 1836.] Add. act, 1836 ch. 234.

r^hnn 1 9^1 ^^ ^^"^ ^° establish the Charleslown Branch Rail-road Company.

V. 1835 ch. 111. BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :
Persons incor- Sect. 1. Henry Jaques, Abijah Goodridge, and Hamilton
porated. Davidson, their associates and successors, are hereby made a cor-

poration, by the name of the Charlestown Branch Rail-road Com-
Powersanddu- pany, with all the powers and privileges, and subject to all the
*'^s- duties, liabilities and provisions, contained in that part of the

R.S.ch. 39. 44. thirty -ninth chapter of the Revised Statutes, passed Novem-
ber the fourth, in the year one thousand, eight hundred and
thirty-five, which relates to rail-road corporations, and in the
forty-fourth chapter of said Revised Statutes. And the said cor-
poration is hereby authorized and empowered to locate, construct
and finally complete a rail-road, the centre line of which shall be as
Route of rail- foUows, to wit : beginning at Swell's Wharf in Charlestown, at a
"^^^^ point not less than ninety feet nor more than one hundred feel from

Water street ; thence running westerly, about parallel with Wa-
ter street, nearly to Main street ; thence, by a curve of about
five hundred and fifty feet radius, about two hundred and sixty-five
feet, nearly to Warren avenue ; thence, by a curve, (running be-
tween high water mark and low water mark, so that said road shall
pass southwesterly of the solid part of the wharves of John Har-
ris and Richard Devens,) to a point near the southerly corner of
the land or wharf of the state prison ; thence running northw est-
erly by a straight line, across the bay, to land of the McLean
Asylum, or the "Joy land," so called ; and thence by a curve
of about six hundred and forty feet radius, to a point on the Bos-
ton and Lowell Rail-road, near the "one mile post," so called,
in such manner and form as a majority of said corporation, or of

1836. Chap. 187. 667

the directors thereof, shall deem expedient. And the said cor-
poration may extend said rail-road easterly across said Svvett's
wharf, to the navy yard in Charlestown, or any part of that dis-
tance, when and as a majority of said corporation, or of the di-
rectors thereof, shall think proper : provided^ that they shall first Proviso,
obtain the consent thereto of the selectmen of the town of Charles-
town, and of the owners of the lands over which said road, if so
extended, would pass.

Sect. 2. The said corporation shall construct and maintain Draw and piers,
in their said rail-road, at the channel in the bay northwesterly of
the state prison, a draw of at least twenty-seven feet in width, for
the passing and repassing of vessels and boats, and shall erect and
maintain on the southwesterly side of said rail-road, on the north-
westerly side of said draw, a pier, to be not less than one hun-
dred and fifty feel in length ; also, a pier on the northeasterly
side of said rail-road, on the southeasterly side of said draw, not
less than fifty feet in length, for the accommodation of vessels and
boats ; and each of said piers shall be suitably planked from high
water mark to low water mark. And the said corporation shall
keep the said draw and piers in good repair, and shall raise or
open said draw, and afford all reasonable accommodation to ves-
sels and boats having occasion to pass through the same, by day
or by night. And if any such vessel or boat shall be unreasona- Damages, for
bly detained in passing said draw, by the negligence of said cor- ®'^""°"' *■<=•
poration in constantly providing agents to discharge faithfully the
duties enjoined by this act, the owner, commander, or person
having the consignment of such vessel or boat, may recover
reasonable damages therefor, of said corporation, in an action on
the case before any court competent to try the same, and the said
corporation shall also raise their said road at a point distant not
more than one thousand feet northwesterly fro(n a point in the
Prison point bridge, distant forty-three feet southwesterly from
the prison wharf, so that, at the highest point of such elevation,
there shall be the same space, in the clear, between the said rail-
road and high water, as there now is in the clear between the
highest point in said bridge and high water. And said corporation Spaces for the
shall leave an open space, not less than fifteen feet wide, in the passage of
clear between the piles or abutments, for the passage of boats un-
der said elevated part of said road ; and shall also leave between
said bridge and the said elevated part of said rail-road, two other
open spaces for the passage of boats under and at right angles
with said road, each of which two last mentioned spaces shall be
at least fifteen feet wide in the clear between the piles or abut-
ments, and shall be left open as aforesaid in such places between
said bridge and elevation, as shall be designated by the superin-
tendent or agent of the Middlesex canal, who shall designate the
same in writing, within thirty days after the directors of said com-
pany shall in writing request him to do so ; and the said corpora- Howtheroad
tion may build the whole or any part or parts of said road solid or "^^^ ^^ '^"''''
on piles, as they shall deem expedient except the parts thereof
designated for any draw or draws, and excepting that they shall

668 1836. Chap. 187.

build on piles, all that part of said road lying between a point dis-
tant four hundred feet northwesterly from said prison point bridge,
and a point distant one thousand feet northwesterly from said
bridge, including the three spaces herein required to be kept
open.
Number of Sect. 3. The capital stock of said branch rail-road compa-

itauTocT. '^^^' ^y '^h^ll consist of not less than two thousand shares, nor more
than five thousand shares, the numbers of which shall be deter-
mined from time to time by said corporation, or by the directors
thereof ; and no assessment shall be laid thereon of a greater
amount in the whole than one hundred dollars on each share.
And the said corporation may purchase and hold such real es-
tate, materials, engines, cars, and other things, as may be neces-
sary for depots, for the use of said road, and for the transporta-
tion of persons, goods and merchandize. The capital stock of
said corporation shall be two thousand shares, until that number
shall be increased in the manner herein before provided. And
Conditions of ^^ ^^® ^^'^ ^^^° thousand shares shall not have been subscribed
this act. for, and the corporation organized before the first day of Janua-

ry, in the year one thousand eight hundred and thirty-seven, or
if the location of said road shall not be filed according to law, or
^V^oJ^^^'^^A-, if the said company shall not complete the said road to the ex-

ed, 1837 ch. 94.1 ■ , , • , r- -ri- . i_r .u

tent provided m the first section of this act, on or belore the
first day of January, in the year one thousand eight hundred and
thirty-eight, this act shall be void.
Owners of Sect. 4. The respective proprietors and owners of lands

lands may unite gnd wharves, which shall be crossed by said rail-road, shall sever-
with this! ""^"^ ^ ally have the right to unite any rail-road, or rail-roads which they
respectively may construct upon and over their own land and
wharves, with the rail-road of said company at their own ex-
pense by turn tables or otherwise, as the directors shall deem
most expedient, and at such points as the said proprietors shall
respectively choose and designate, and said proprietors shall
keep the same always in good order, and so as not to interrupt
the free and safe passage of cars over the main road of said com-
pany. The said main road shall be so constructed as easily to
admit cars and other vehicles from said lateral rail-roads ; and
the owners or conductors of said cars and vehicles shall be liable
to pay the same, and no other rates of toll, and be subject to the
same rules, regulations and provisions, as the owners or con-
ductors of other cars and vehicles travelling upon said main
road.
Draw on the Sect. 5. If the part of said rail-road, which shall be built

Morrill estate, across the MorriU estate, so called, shall be constructed on piles,
there shall be made, and kept in repair, by said company, on
such part of said estate as the warden of the state prison shall
designate a draw, not less than twenty-eight feet in width, for
the safe and convenient passing of vessels to and from the south-
easterly wharf of said prison ; and the said draw shall be opened
in the same manner and under the same penalties, as are provid-

1836. Chap. 187. • 669

ed in the second section of this act concerning the draw therein
required.

Sect. 6. The said corporation are hereby authorized to en- Entry upon ihe
ler, with their said branch rail-road, on that part of the Boston J^°j®"''^''"
and Lowell rail-road, designated in the first section of this act,
and use the same, or any part thereof, paying therefor such a rate
of toll as the legislature may from time to time prescribe, com-
plying with such rules and regulations as may be established by
the Boston and Lowell rail-road corporation, by virtue of the
fifth section of their act of incorporation. But the corporation
hereby created, shall enter the said Boston and Lowell Rail-road,
by such proper turn-outs or switches as will not unreasonably in-
commode the travel upon the said Boston and Lowell Rail-road,
and shall keep them in such a state as not to interfere with the
free and safe use of said road, and shall pay all expenses incident
to and in consequence of any alterations necessary in said Bos-
ton and Lowell Rail-road, to enable them to enter upon it in a
proper manner.

Sect. 7. His excellency the governor, by and with the ad- Saleoflandbe-
vice and consent of the council, is hereby authorized to sell, ex- co^'^°n? '^^
change or otherwise dispose of, to the said corporation, such wealth, &c.
part of the land and flats owned by the Commonwealth, on the
southeasterly and northwesterly sides of Austin street and of said
Prison point bridge in Charlestown, and lying without the walls
and fences of the state prison, in such manner, and upon such
terms as they may deem for the interest of the Commonwealth ;
and also make such arrangements with said corporation, concern-
ing the building of said branch rail-road, and the filling up of the
flats in and upon the land of the Commonwealth, as shall be con-
sidered just and expedient. And said road shall not be made
until his excellency the governor, by and with the advice and
consent of the council, shall have approved of the location and
proposed mode of building that part of said road which may be
constructed over the land and flats of the Commonwealth near
the state prison.

Sect. 8. The act to establish the Charlestown Branch Rail- Repeal,
road Corporation, passed on the fourth day of April, in the 1835 ch. ill.
year one thousand eight hundred and thirty-five, is hereby re-
pealed.

Sect. 9. The said Charlestown Branch Rail-road Compa- ^^^a^^ijo^^e^^"
ny is hereby authorized to permit the Charlestown Wharf Com- to subscribe to
pany, by their president, to subscribe for anv number of shares siock ofRail-

• 1 •' • , , ,1 ' r 1 • 1 • 1 J- '■°^° Company.

m the corporation hereby created, the cost oi which, including
all assessments which may be laid thereon, shall not be less than
twenty-five thousand dollars, nor more than fifty thousand dollars.
And the said Charlestown Wharf Company is hereby authorized
to subscribe, pay for, and hold the same, whenever a majority in
interest of the stockholders in the last named company shall
consent thereto, [^pril 9, 1836.] Add. act, 1837 ch. 94.

670

1836."

-Chap. 188—189.

ChaplSS.

Persons incor-
porated.

Powers and

duties.

R. S. ch. 44.

Real and per-
sonal estate.

Liability of
stockholders for
debts.

Remedy of
stockholders
ag'ainst the cor-
poration.

Certificates of
shares.

Chap IS9.

1833 ch. 203.

Repeal.

An Act to incorporate the Fall River Whaling Company.

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

Sect. 1. John Eddy, Bradford Durfee and Jason H.
Archer, their associates and successors, are hereby made a
corporation, by the name of the Fall River Whaling Compa-
ny, for the purpose of carrying on the business of obtain-
ing and manufacturing oil, and for this purpose shall have all
the powers and privileges, and be subject to all the duties, restric-
tions and liabilities set forth in the forty-fourth chapter of the
Revised Statutes, passed on the fourth day of November, in the
year one thousand eight hundred and thirty-five.

Sect. 2. The said corporation may hold for the purpose
aforesaid, real estate in the town of Fall River, not exceeding
fifty thousand dollars in value, and personal estate not exceeding
six hundred thousand dollars.

Sect. 3. The private property of the corporators or stock-
holders for the time being, and of those who shall be stockhold-
ers at the time when any debt shall be contracted, shall be hol-
den for the payment of such debt, and may be taken there-
for on any execution issued against the corporation for such debt
in the same manner as on executions issued against them for their
individual debts.

Sect. 4. Any stockholder who shall pay any debt of the
corporation, for which he is made liable by this act, shall have
the same remedies for the recovery of the amount so paid, or
any portion thereof, as are provided in the thirty-second section
of the thirty-eighth chapter of said Revised Statutes.

Sect. 5. The provisions of the thirty-eighth chapter of the
Revised Statutes aforesaid, with the exception of the thirty-
second section thereof, shall not be applicable to the corporation
hereby created.

Sect. 6. Every certificate of shares in said company which
shall be issued by the clerk of said corporation shall contain,
printed on the back thereof, a copy of the provisions of the third
section of this act. [,Spril 9, 1S36.]

An Act in addition to an Act to incorporate the Boston Book and Paper Manufactur-
ing Company.

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

The proviso of the first section of an act to incorporate the
Boston Book and Paper Manufacturing Company, passed on the
twenty-seventh day of March, in the year one thousand eight
hundred and thirty-three, which proviso is in the following words,
to wit : " Provided, however, that the said company shall not
print or publish any book of less size than duodecimo, nor any
work in duodecimo, unless the same shall. contain at least two
thousand printed pages," is hereby repealed. [April 9, 1836.]

1836. Chap. 190—192. 671

An Act to extend the lime for the location and completion of the Worcester and Nor- /-yr -i qz-v
wich Rail-road. Lyfiap lifiJ.

BE it enacted by the Senate and House of Representatives, 1833 ch. 118.
in General Court assembled, and by the authority of the same,
as follows :

That the time limited in the eleventh section of the act incor- Time for filing-
porating the Worcester and Norwich Rail-road Company, for l."omp°e"tion''of°'^
filing with the county commissioners of the county wherein the road, extended,
same is located, the location of their rail-road, be so extended
as to audiorize said company to file their location as aforesaid, on
or before the first day of July, in the year one thousand eight
hundred and thirty-seven, and that the time for the completion of
said rail-road be extended to the first day of July, in the year
one thousand eight hundred and thirty-nine ; and if said location
be filed, and said rail-road be completed as aforesaid, said com-
pany shall continue to enjoy unimpaired all the rights and privi-
leges granted by their charter : provided, that the said corpora- CommonweaUh
tion, in regard to the right of the Commonwealth to purchase J^^r pui^c'iase
said rail-road, shall be subject to the provisions of the eighty-
fourth section of the thirty-ninth chapter of the Revised Statutes, R. S. ch. 39. §
passed on the fourth day of November, in the year one thousand ^*'
eight hundred and thirty-five ; any thing contained in the fifteenth
section of their act of incorporation to the contrary notwithstand-
ing, l^pril 9, 1S36.] See 1836 ch. 204 : 1837 ch. 84.

An Act to incorporate the Belliiigham Steam Engine Company. C^hnn \^\

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

Sect. 1. Joseph Cotton, H. H. W. Sigourney, Charles Persons incor-
Hubbard, their associates and successors, are hereby made a P"""^^^ •
manufacturing corporation, by the name of the Bellingham Steam
Engine Company, for the purpose of manufacturing and working
iron, steel and other metals, engines, boilers and machinery, and
using and improving the same, and carrying on the business of
the same, in the county of Suffolk; and, for these purposes. Powers am. du-
shall have all the powers and privileges, and be subject to all "^'''
the duties, restrictions and liabilities, set forth in the thirty-eighth R. S. ch. 38. 44.
and forty-fourth chapters of the Revised Statutes, passed on the
fourth day of November, in the year one thousand eight hundred
and thirty-five.

Sect. 2. The said corporation may hold, for the purposes Real estate and
aforesaid, real estate to the amount of forty thousand dollars, and *^^P'^^' **°'=^'
the whole capital stock of said corporation shall not exceed
the amount of one hundred thousand dollars. [^Jlpril 9, 1836.]

An Act to establish the Lancaster Bank. CllCip 1 92.

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

Sect. 1. Davis Whitman, Jacob Fisher, Jr., and Stephen Persons incor-
P. Gardner, their associates and successors, are hereby made a P°'"^'*' •
corporation, by the name of the President, Directors and Com-

672

1836.-

-Chap. 192—193.

Powers and
duties.

R. S. ch. 36.

Transfer of
stock.

Capital stock.

Chap }9S.

Dividing line
described.

Part of Roches-
ter annexed to
Fairhaven.

Proviso.

pany of the Lancaster Bank, to be established in the town of
Lancaster, and shall so continue until the first day of October, in
the year 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 the thirty-sixth
chapter of the Revised Statutes, passed the fourth day of Novem-
ber, in the year one thousand eight hundred and thirty-five.

Sect. 2. The stock of said bank shall be transferable only
at its banking house and in its books.

Sect. 3. The capital stock of said corporation shall consist
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 may direct : provided, the
whole be paid in, on or before the first day of January next.
[April 9, 1836.]

An Act to establish the dividing line between the towns of Rochester and Fairhaven.

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

Sect. 1. The following described line is hereby established
as the dividing line between the town of Fairhaven, in the county
of Bristol, and the town of Rochester, in the county of Ply-
mouth, as follows : beginning at the Peaked Rock, so called, at
the county road ; thence thirty-nine rods to a stone monument,
set in the ground ; thence forty-two rods to a stone monument,
the southwest corner of Thompson and Lathrop's purchase ;
thence east three hundred rods to an old white pine tree, marked
D. R., and a stone monument set by the side of said tree;
thence seventeen hundred ninety-seven and a half rods to a stone
monument at Tripp's corner ; thence one hundred and seventy-
four rods to a stone monument by Sanders's land ; thence six
hundred and fifty-eight rods to a stone monument at Shaw's cor-
ner ; thence south two degrees thirty minutes west, to a stone
monument set in the beach, by the sea ; said monuments are
marked on the west by the letter F., and on the east by the
letter R.

Sect. 2. The inhabitants, with the land and estates on the
west side of said line, heretofore belonging to Rochester, are
hereby annexed and confirmed to the said town of Fairhaven :
provided, nevertheless, that the said inhabitants and estates shall
be holden to pay all taxes which have legally been assessed upon
them by the said town of Rochester ; and also their proportion
of the county tax, which shall be assessed according to the valu-
ation of said territory thus set off, until a new valuation is taken.
[April 9, 1836.]

1836. Chap. 194—195. 673

An Act to increase the Capital Stock of the Springfield Bank. CflWD 1 94i

BE it enacted by the Senate and House of Representatives, jgj3 ^j^ g^
in General Court assembled, and by the authority of the same, I8i4ch. i.eo.

as follows: Isnctsi.ns.

Sect. 1. The President, Directors and Company of the 1828 ch. 7.
Springfield Bank, are hereby empowered to increase their pres- i^^Och. 58.
ent capital stock by an addition of one hundred and fifty thousand increase of cap-
dollars thereto, in shares of eighty 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, how-
ever, that the whole amount shall be paid in, on or before the
first day of October next.

Sect. 2. The additional stock aforesaid shall be subject to Additional
the like tax, regulations, restrictions and provisions to which the t^*^'^"''''^*^* '°
present capital of said corporation is now subject.

An Act to establish the Nantucket O^'ster Company. ChOit) 195

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

Sect. 1. George B. Upton, Frederick W. Mitchell, and Persons incor-
Philip H. Folger, their associates and successors, are made a P*""^^®"*
corporation, by the name of the Nantucket Oyster Company, for
the purpose of planting, propagating and digging oysters, in and
from Capam and Sesacache Ponds, in the island of Nantucket ;
and, for that purpose, shall have all the powers and privileges, Powers and
and be subject to all the duties, restrictions and liabilities, set ^""^s-
forth and contained in the forty-fourth chapter of the Revised R. s. ch. 44,
Statutes, passed on the fourth day of November, in the year one
thousand eight hundred and thirty-five.

Sect. 2. The said corporation shall have the exclusive use penalty for tak-
of the ponds aforesaid, for the purpose of planting, propagating in? oysters
and digging oysters, for the term of twenty years ; and if any
person shall dig for, in said ponds, or take therefrom, any oys-
ters, during the term aforesaid, without leave of said corporation,
he shall forfeit and pay a fine, not exceeding five dollars for each
offence, to the use of the complainant, to be recovered in any
court proper to try the same.

Sect. 3. Said corporation may hold personal property to an Personal estate,
amount not exceeding five thousand dollars. [April 9, 1836.]

VOL. VII. 85

674

1836..

-Chap. 196—198.

Chap\96.

Persons incor-
porated.

[Name chang-
ed, 1837 ch.
243.]

Powers and du-
ties.

R. S. ch. 36.

Transfer of
stock.

Capital stock.

Chap\91.

Persons incor-
porated.

Powers and
duties.

R. S. ch. 36.

Transfer of
stock.

Capital stock.

Chapim.

1800 ch. 73.
(v. 2. p. 434.)
1825 ch. 48.

An Act to establish the Warren Bank.

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

Sect. 1. Edward D. Peters, John L. Dimmock, and Aaron
Rice, their associates and successors, are hereby made a corpo-
ration, by the name of tlie President, Directors and Company
of the Warren Bank, to be established in the city of Boston,
and shall so continue until the first day of October, in the year
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 the thirty-sixth chapter
of the Revised Statutes, passed the fourth day of November,
in the year one thousand eight hundred and thirty-five.

Sect. 2. The stock in said bank shall be transferable only
at its banking house, and in its books.

Sect. 3. 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 instalments, and at such
times, as the stockholders may direct : provided, the whole be
paid in, on or before the first day of January next. [April 9,
1836.] Add. act, 1837 ch. 243.

An Act to establish the Blackstone Bank in the city of Boston.

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

Sect. 1. Ebenezer Smith, Samuel E. Robbins, and John Lis-
comb, their associates and successors, are hereby created a corpo-
ration, by the name of the President, Directors and Company of
the Blackstone Bank, in the city of Boston, and shall so continue
until the first day of October, in the year one thousand eight
hundred and fifty-one, and shall be entitled to all the privileges
and powers, and subject to all the duties, liabilities and require-
ments, contained in the thirty-sixth chapter of the Revised Stat-
utes, passed the fourth day of November, in the year one thou-
sand eight hundred and thirty-five.

Sect. 2. The stock in said bank shall be transferable only
at its banking house and in its books.

Sect. 3. The capital stock of said corporation shall con-
sist 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, before the first day of January next. [April 9,
1836.]

An Act further regulating the Alewive Fishery, in We3'mouth.

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

The right of taking the fish called alewives, in the town of
Weymouth, and which right is now limited, by an act passed

1836. Chap. 198—199. 675

March the seventh, in the year one thousand eight hundred and
one, to Mondays, Wednesdays and Fridays, shall hereafter, un-
der the hinitations and restrictions of the said act, be extended to
Saturdays also. [April 9, 1836.]

An Act to incorporate the New Haven and Northampton Company. CflttZ) 199.

Whereas, the Hampshire and Hampden Canal Company, 1822 ch. 59.
and the president, directors and company of the Farmington Ca- ^^^7 ch! 128.
nal, incorporated by the state of Connecticut, having been associ- 1829 ch. 50.
ated and connected for the purpose of constructing a canal from ^^^^'^"- '•
New Haven to Northampton, have become deeply insolvent, and Preamble,
unable to sustain their canal, or meet the demands of their cred-
itors ; and whereas, with a view to putting and keeping said canal
in repair, and securing, as far as possible, the interests both of
stockholders and creditors, it has been proposed that the said
companies should transfer their rights, privileges and powers to a
new company, to be incorporated for that purpose, until the ob-
jects of such transfer shall have been fully accomplished :

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

Sect. 1. Samuel Hinckley, Samuel St. John, and Justus Persons incor-
Harrison, their associates and successors, are hereby made a cor- P^''^'®''*
poration, by the name of the New Haven and Northampton Com-
pany.

Sect. 2. The company hereby created may receive from Conveyance of
the said Hampshire and Hampden Canal Company, and from the iheH. H. c.
said Farmington Canal Company, a conveyance of all the fran- Co.,andF. c.
chises, rights, powers and privileges of said companies, and company,
thenceforth hold, exercise and enjoy the same within the respect-
ive limits of those companies, in as full and ample a manner to all
intents and purposes as the same have been heretofore held, ex-
ercised and enjoyed by the said corporations respectively, upon
the terms and conditions following, viz : I. The capital stock Conditions of
of the company hereby created shall not exceed the sum of three <^"nveyance.
hundred thousand dollars, to be divided into shares of twenty-five
dollars each, of which five thousand four hundred shares, or one
hundred and thirty-five thousand dollars, shall be subscribed to be
paid in cash. 2. Creditors of the Hampshire and Hampden Ca-
nal Company, and creditors of the Farmington CanalCompany,and
all persons having claims against said companies respectively, may,
within six months from the organization of the company hereby
created, subscribe the amount of their claims, the same being first
liquidated, to the stock of this company, upon such terms as this
company may prescribe. 3. Within ninety days from the or- [in any news-
ganization of this company, public notice shall be given by the paper pnntedm

° . '^ -^ • 1 inT /- 1 1 • I -^ ^ the county of

same, m some newspaper printed at Westneld, m the county ot Hampden,
Hampden, and in some newspaper printed at Northampton, in the ^^^^ '^^- '^^•\
county of Hampshire, that the company being organized, books
are opened at some convenient place, in each of those counties,
to receive subscriptions from creditors, and, upon the actual
transfer of the claims of such creditors, certificates shall be issued

676

1836.-

-Chap. 199.

Conditions of
conveyance.

Cash sub-
scription.

Payment of
cash subscrip-
tions.

by the company, of the stock thus subscribed for. 4. The com-
pany hereby created, from and after the organization thereof, and
the conveyance of the franchises of said Hampshire and Hamp-
den Canal Company, and the Farmington Canal Company, shall
be held to construct bridges, keep the canal in repair, and be
subject to all future damages and liabilities, in the same manner
and to the same extent, the said companies respectively would have
been liable, had no such conveyance been made. 5. The com-
pany hereby created shall keep an accurate account of all moneys
subscribed and paid, all claims assigned, and all moneys expended
in taking possession of the canal, and managing and keeping it in
repair, and of all their receipts and disbursements of every nature,
which account shall be examined and audited in the month of De-
cember, annually, at the expense of this company, by two com-
missioners to be appointed for that purpose, one by the governor
of this Commonwealth, and the other by the governor of the state
of Connecticut. 6. Whenever the said Hampshire and Hamp-
den Canal Coinpany, and the Farmington Canal Company shall
pay to the company hereby created, the full amount of all their
debts assigned to it, and all such sums of money as this company
may expend upon said canal, with interest on said debts and
money expended, together with all expenses which may in any
way arise, or be incurred by this company, in consequence of
taking possession of said canal, superintending and managing the
same, after deducting therefrom the income of said canal, then all
the rights of this company shall cease, and all the right and title
conveyed to it by the Hampshire and Hampden Canal Company
and the Farmington Canal Company be restored and revested in
those companies. And whereas, said Samuel Hinckley and
others, in contemplation of an act of incorporation, have sub-
scribed said sum of one hundred and thirty-five thousand dollars,
payable in cash to John Fitch, Esquire, part whereof is already
paid, and most of the creditors of the Hampshire and Hampden
Canal Company, and the Farmington Canal Company, respect-
ively, have subscribed the amount of their claims, and trans-
ferred their securities to said Fitch, in trust to hold, assign and
deliver over the same to this company, when incorporated, upon
the terms provided therefor :

Sect. 3. Whenever said Fitch shall assign and deliver over
to the company hereby created, the subscription moneys, debts
and securities so made, paid and transferred to him as aforesaid,
the said cash subscription shall be received and considered by
this company as the subscription of one hundred and thirty-five
thousand dollars herein before required, and such subscription of
claims as also made under the provisions of this act, and each sub-
scriber, entitled, upon the terms prescribed by this company, to
one share, shall be considered a member thereof.

Sect. 4. The instalments upon that part of the stock sub-
scription payable in cash, may be called for" at such times as this
company, or the directors thereof, may appoint ; and any sub-
scriber, who, after thirty days previous notice in some newspaper

1836. Chap. 199—200. 677

printed at New Haven, and in some newspaper printed in North-
ampton, that an instalment is ordered, shall delay for the term of
ten days to pay such instalment to the treasurer of this corpora-
tion, shall forfeit to the company, the whole of his stock upon
which such instalment is due ; but no person subscribing to the
stock of this company shall in any event be liable to pay more
than the amount of his subscription.

Sect. 5. Each share in the stock of this corporation shall en- Right of voting,
title its holder to one vote, and each stockholder shall be allowed
to act at all meetings of the corporation, by attorney, and to trans-
fer his shares in such manner as the company by its by-laws may
direct.

Sect. 6. Whenever the cash subscription of stock shall When thiscor-
amount to one hundred and thirty-five thousand dollars, either by poraiion may

I c 11111-1 • n 1 • .•'be organized.

the transter contemplated by the third section oi this act or oth-
erwise, the corporation hereby created may be organized, and
thenceforward, upon the franchises of the Hampshire and Hamp-
den Canal Company, and the Farmington Canal Company, being
conveyed to this company, as authorized by the second section of
this act, all penalties incurred, whether before or after, under
the act establishing the Hampshire and Hampden Canal Compa-
ny, and. with the assent of the state of Connecticut, under the act
establishing the Farmington Canal Company, shall enure to the
benefit of this company : provided^ however, that all actions, com- Proviso,
plaints and processes, then pending, or commenced within sixty
days from the passing of this act, against either of said corpora-
tions, may be proceeded in, as if this act had not been passed.
IJiprilQ, 1836.] Add. act, 1836 ch. 230.

An Act to establish tlie Newburyport Bank. f^hnn 900

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

Sect. 1. Enoch S. Williams, John Bradbury and Samuel T. Persons incor-
Deford, their associates and successors, are hereby madeacorpo- po'^f^^^'^-
ration, by the name of the President, Directors and Company
of the Newburyport Bank, to be established in the town of New-
buryport, and shall so continue until the first day of October, in
the year one thousand eight hundred and fifty-one, and shall be
entitled to all the powers and privileges, and subject to all the du- Powers and
ties, liabilities and requirements, contained in the thirty-sixth duties,
chapter of the Revised Statutes, passed the fourth day of No- r. s ch. 36.
vember, in the year one thousand eight hundred and thirty-five.

Sect. 2. The stock in said company shall be transferable Transfer of
only at its banking house and in its books. ^^''^^■

Sect. 3. The capital stock of said corporation shall consist Capital stock,
of one hundred 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, the whole be
paid in, on or before the first day of January next, [^pril 9,
1836.]'

678

1836.-

■Chap. 201—203.

Chap20\.

1817 ch. 163.

1818 ch, 30.
1830 ch. 58.

Increase of cap-
ital.

Additional
stock subject
to tax, &c.

Certificate.

Chap202.

Persons incor-
porated.

Powers and
duties.

R. S. ch.36.

Transfer of
stock.

Capital stock.

Cha])203.

Persons incor-
porated.

An Act to increase the Capital Stock of the Agricultural Bank.

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

Sect. 1. The President, Directois and Company of the
Agricultural Bank are hereby authorized and empowered to in-
crease their 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, the
whole shall be paid in, on or before the tenth day of October
next.

Sect. 2. The additional stock aforesaid shall be subject to
the like tax, regulations, restrictions and provisions, to which the
present capital stock of said corporation is now subject.

Sect. 3. Before the said corporation 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. [April 9, 1836.]

An Act to establish the Chicopee Bank.

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

Sect. 1. Elisha Edwards, William Bryant, Albert Mor-
gan, their associates and successors, are hereby created a cor-
poration, by the name of the President, Directors, and Compa-
ny of the Chicopee Bank, to be established in Springfield, and
shall so continue until the first day of October, in the year 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 the thirty-sixth chapter of the Re-
vised Statutes, passed on the fourth day of November, in the
year one thousand eight hundred and thirly-five.

Sect. 2. The stock in said bank shall be transferable only
at its banking house and in its books.

Sect. 3. The capital stock of said corporation shall consist
of two 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, on or before the first day of January next.
[April 9, 1836.]

An Act to establish the Shoe and Leather Dealers' Bank.

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

Sect. 1. Cheever Newhall, James Cheever and .Tosiab M.
Jones, their associates and successors, are hereby made a cor-
poration, by the name of the President, Directors and Company
of the Shoe and Leather Dealers' Bank, to be established in

1836. Chap. 203—204. 679

Boston, and shall so continue until the first day of October, in
the year 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 the thirty-sixth R. S. ch. 36.
chapter of the Revised Statutes, passed the fourth day of No-
vember, in the year one thousand eight hundred and thirty-five.

Sect. 2. The stock in said bank shall be transferable only Transfer of
at its banking house and in its books. *'°*^ "

Sect. 3. The capital stock of said corporation, shall con- Capital stock,
sist 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, on or before the first day of .January next. lApril
9, 1836.]

An Act to unite the Worcester and Norwich, and the Boston, Norwich and New l^on- C'/j^Z>204<
don Rail-road Companies. -i

BE it enacted by the Sennte and House of Representatives^ jg3g ^j|' jgo'
in General Court assembled, and by the authority of the same,
as follows :

Sect. 1. From and after the time when this act shall take Union of the
efl:ect, the stockholders of the Boston, Norwich and New Lon- *^° companies,
don Rail-road Company, a corporation incorporated by the legis-
lature of the state of Connecticut, in the year one thousand eight
hundred and thirty-two, be, and they hereby are constituted
stockholders of the Worcester and Norwich Rail-road Company,
a corporation incorporated by the legislature of the state of Mas-
sachusetts, by an act passed March fifteenth, in the year one 1833 ch. lis.
thousand eight hundred and thirty-three, with the same powers,
rights, privileges and franchises, as if they had subscribed an equal
amount of stock, in said Worcester and Norwich Rail-road Com-
pany. And all the tolls, franchises, rights, powers, privileges and
property, then or at any time thereafter owned, acquired or enjoy-
ed by the stockholders of said Worcester and Norwich Rail-road
Company, shall belong to the stockholders of said Boston, Nor-
wich and New London Rail-road Company, in proportion to the
number of shares by each of them owned. And, from and after
the time when this act shall take effect, all properly, owned, ac-
quired or enjoyed by either of said cor[)orations, shall be taken
to be the joint properly of the stockholders, for the time being,
of said two corporations.

Sect. 2. From and after the time when this act shall take Meetings of
effect, at all meetings of the stockholders of said Worcester and ^o<=''ho''iers,
Norwich Rail-road Company, the stockholders of said Boston,
Norwich and New London Rail-road Company shall be entitled
to the same notice, and shall enjoy the same right of voting, as
if they had originally been stockholders of said Worcester and
Norwich Rail-road Company. All meetings, which shall be
warned, and held by said original and associated stockholders,
pursuant to the by-laws which shall be by them established, shall
be legal and valid, and all officers, chosen at any such meeting,
shall be officers of said Worcester and Norwich Rail-road Com-

680

1836.-

-Chap. 204.

Attachment of
shares.

Separate ac-
counts of ex-
penses arising
in the two

When this act
shall take effect,

pany : provided.) ahvays, that there shall be one officer in each
state, who is an inhabitant thereof, on whom process against said
corporation may be served, and that the books and registry of
one corporation shall be taken to be the books and registry of
the other corporation.

Sect. 3. The shares of any stockholder in said company
shall be liable to attachment and execution in the state where
such stockholder, at the time of such attachment or execution,
shall reside or inhabit : provided^ always., that a true and at-
tested copy of such attachment or execution, shall be left at
the time of service, by the officer serving the same, with the
clerk or any director of said corporation, or at his usual place
of abode, in the state where such attachment or execution shall
be served.

Sect. 4. The said corporation shall keep separate accounts
of the expenses which have arisen, and which shall arise in the
construction of the portions of said rail-road, situated in the states
of Massachusetts and Connecticut respectively, and of all the
expenses which would properly have appertained and belonged
to the respective corporations if this act had not been passed,
until said rail-road, from Norwich to its termination in this state,
shall have been completed. And there shall be annually appoint-
ed two commissioners, whose duty it shall be to ascertain what
proportion of the expenditures on said rail-road, and of the other
expenses attending its construction and maintenance, also what
proportion of the receipts and profits of said rail-road, shall prop-
erly appertain and belong to the portions of said rail-road, situ-
ated in said two states. And the annual report, which shall be
made to the legislature of this state, in pursuance of the laws of
this state relating thereto, shall be approved by said commission-
ers. And the governor of each of said states shall appoint one
commissioner, who shall jointly execute the duties prescribed by
this act, and who shall receive from said corporation a reasonable
compensation for their services.

Sect. 5. This act shall not take effect until the legislature
of the state of Connecticut shall have passed a similar act, uniting
said two corporations, nor until the same shall have. been accept-
ed by the stockholders of each of said corporations, in meetings
called for that purpose.

Sect. 6. The said corporation, so far as their road is situ-
ated in this state, when united by virtue of the provisions of this
act, shall be subject to the general laws of this state, to the same
extent as the said Worcester and Norwich Rail-road Company
would have been if this act had not been passed.

Sect. 7. After said corporations shall be united, according
to the provisions of this act, they shall be one corporation, by
the name of the Norwich and Worcester Rail-road Company.
l^pril 10, 1836.] Add. act, 1837 ch. 84.

1836. Chap. 205—207. 681

An Act to incorporate the Orleans Fishing Company. Ch(W^05.

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

Sect. 1 . Nathan Rogers, James Higgins, Samuel Eldridge, J'^^^^J'd' '°"'°'
their associates and successors, are made a corporation, by
the name of the Orleans Fishing Company in Orleans, and are
empowered to open the brook running from Hesters pond, so
called, to Pleasant bay in said Orleans, so far as is necessary
for the purpose of an alewive fishery, and to regulate the same,
and for this purpose shall have all the powers and privileges, and Powers and au-
be subject to all the duties, restrictions and liabilities, contained "^^'
in the forty-fourth chapter of the Revised Statutes, passed on R. S. ch. 44.
the fourth day of November, one thousand eight hundred and
thirty-five.

Sect. 2. If any person, without the permission of the cor- Penalties for
poration, shall take, catch or haul on shore any alewives, in said out'pfrmis^oli."
brook or pond, or within one eighth of a mile in any direction
from the mouth of said brook, he shall forfeit and pay for the use
of said corporation a sum not exceeding two dollars, if the quan-
tity so taken be less than one barrel ; but if the quantity taken
be more than one barrel, the person so offending shall forfeit and
pay, for each barrel of fish so taken, five dollars, to be recovered
in any court proper to try the same.

Sect. 3. If any damage shall be done by said corporation to Damages,
the property of any individual, not a member of the corporation,
such individual shall be entitled to reasonable damage.

Sect. 4. All persons, who now are or shall hereafter be Owners of adja-
ovvners of land adjoining said brook, may become members of become mem^^
said corporation, subject, however, to pay their proportional part bersofthecor
of the expenses which shall have been incurred by said corpora- P"""^^'""-
tion before the time of their admission.

Sect. 5. Any member of this corporation, who shall take Penalty for

, , • •' 1 • , • -a • •! r •» members taking

or catch, by seine or otherwise, any alewives within the nmits fish illegally,
mentioned in the second section of this act, except in the brook
and pond aforesaid, shall incur the penalty provided for in said
section, to be recovered in the manner therein set forth, [^^pril
11, 1836.]

An Act to incorporate the "Needham Hat Factory." C/h(ip'2.01 >

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

Sect. 1. Coraelius Hersey, Lemuel Lyon, 2d., and Wil- Persons incor-
liam Ingalls, their associates and successors are hereby made a ^°^^ ^
mantifacturing corporation, by the name of the Needham Hat Fac-
tory, for the purpose of manufacturing hats, in the town of Need-
ham in the county of Norfolk ; and for this purpose shall have all Powers and
the powers and privileges, and be subject to all the duties, re-
strictions and liabilities, set forth in the thirty-eighth and forty- R. S. ch. 38. 44.
fourth chapters of the Revised Statutes, passed on the fourth day

VOL. VII. 86

682 1836. Chap. 207—211.

of November, in the year one thousand eight hundred and thirty-
five.
Real estate and Sect. 2. The said Corporation may hold, for the purposes
capia stoc . aforesaid, real estate to the amount of ten thousand dollars, and
the whole capital stock of said corporation shall not exceed the
amount of thirty thousand dollars, l^pril 12, 1836.]

Chctv'2-Od. -^'^ ^^"^ relating to the Hartford and Dedliani Turnpike Corporation.

1803 ch. 146. BE it enacted by the Senate and House of Representatives^

1808 ch ^M^ ^^ General Court assembled, and by the authority of the same,
1812 ch. 91. as follows :

TdfttJfstb ^^^'^' ^' The Hartford and Dedham Turnpike Corporation

lishel'.* ^ ^^ ^ ni3y keep a toll-gate at or near Breck's corner, in the town of

Medfield, and may take toll at the same, at the rate named in

their act of incorporation, in the same manner as they might have

done, if the gate had been originally located at that place.

Doings of cor- Sect. 2. In any future suit, contract, judgment, or execu-

^rme'd." *'°°* ^'O" ^^ ^^w, the doings of the corporation are so far confirmed, as

that said corporation shall sufler no loss, damage or impediment,

in consequence of any misapprehension respecting the location of

said gate, [^pril 12, 1836.]

(^hfirt^'l 0 An Act to incorporate the Roxburj Silk Factory.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as folloios :
Persons incor- Sect. 1. Caleb Parker, Edwin Lemist and William Dow,
porated. jj^^jj, gssociates and successors are hereby made a manufacturing

corporation, by the name of the Roxbury Silk Factory, for the
purpose of manufacturing silk fabrics, in the town of Roxbury,
Powers and du- in the county of Norfolk ; and for this purpose shall have all the
*'^*- powers and privileges, and be subject to all the duties, restric-

R. S. ch. 38. 44. tions and liabilities, set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes, passed on the fourth day of No-
vember, in the year one thousand eight hundred and thirty-five.
Real estate and Sect. 2. The said corporation may hold, for the purposes
capital stock, aforesaid, real estate to the amount of thirty thousand dollars, and
the whole capital stock of said corporation shall not exceed the
amount of one hundred thousand dollars, [^.^pril 12, 1836.]

y^T (7)-i 1 An Act to incorporate the " West Brook Company."

" ' BE it enacted by the Senate and House of Representatives,

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

as folloiDS :

Persons incor- Sect. 1. Chester Morton, Edward R. Smith and Benjamin

porated. Sikes, Jr., their associates and successors, are hereby made a

manufacturing corporation, by the name of the " West Brook

Company," for the purpose of manufacturing woollen goods, in

the town of Whateley, in the county of Franklin ; and for this

Powers and purpose shall have all the powders and privileges, and be subject

duties. ^Q gjj ^j^g duties, restrictions and liabilities, set forth in the thirty-

R. s. ch. 38. 44. eighth and forty-fourth chapters of the Revised Statutes, passed

1836. Chap. 211—213. 683

on the fourth day of November, in the year one thousand eight
hundred and thirty-five.

Sect. 2. The said corporation may hold, for the purposes Real estate and
aforesaid, real estate to the amount of twenty thousand dollars, ^^^' ***"=•
and the whole capital stock of said corporation shall not exceed
the amount of fifty thousand dollars, [^pril 12, 1836.]

An Act to establish the Middling Interest Bank. C^flw212.

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

Sect. 1. SamuelPrince,WilliamC.Perkinsand John Smith, Persons incor-
their associates and successors, are hereby created a corporation, ported,
by the name of the President, Directors and Company of the
Middling Interest Bank, to be established in the city of Boston, and
located in Commercial street, at or near the Winnesimmit ferry,
and within one hundred rods of the northerly termination of Han-
over street, and shall so continue, until the first day of October,
in the year 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 the thirty-sixth R. S. ch. 36.
chapter of the Revised Statutes, passed the fourth day of No-
vember, in the year one thousand eight hundred and thirty-five.

Sect. 2. The stock of said corporation shall be transferable Transferor
only at its banking house and in its books.

Sect. 3. The capital stock of said corporation shall consist Capital stock,
of one hundred and fifty thousand dollars, to be divided into
shares of one hundred dollars each, to be paid, in such instal-
ments, and at such times, as the stockholders may direct : pro-
vided, the whole be paid, on or before the first day of, January
next.

Sect. 4. A majority of the directors shall be residents north Residence of
of Richmond street in said Boston. [April 13, 1836.]

An Act in addition to an Act to incorporate the Pigeon Cove Harbor Company. C//l(lJ)^\3»

BE it enacted by the Senate and House of Representatives, 1330 ch. 34.
in General Court assembled, and by the authority of the same,
as follows :

The proceedings of the Pigeon Cove Harbor Company, in Proceedings of
creating new or additional shares in their capital stock, are here- foQgj.^d*^°"
by confirmed and made valid. But four fifths of all the votes to
which the stockholders are entitled shall be necessary, at any Assessments,
meeting called for the purpose, to lay assessments upon the ^^'
shares, or to create new shares, hereafter, or to contract any
debt in behalf of the company, for the extension of their wharves
or breakwater, or for any other purpose, except for the payment
of their existing debts ; and except for the making of repairs,
which may be authorized by a majority of the whole number of
votes, to which the stockholders are entitled. And all parts of
the act incorporating said company, inconsistent with the provi-
sions of this act, are hereby repealed. [April 13, 1836 1

684

1836..

-Chap. 214—216.

Persons incor-
porated.

Powers and
duties.

R. S. ch.38.44.

Real estate and
capital stock.

ChciT)^\^' ^^ ^^"^ to incorporate the Chelmsford Company.

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

Sect. 1. Alvah Mansur, Randall Meachani and Daniel
West, their associates and successors, are hereby made a man-
ufacturing corporation, by the name of the Chelmsford Company,
for the purpose of manufacturing cotton and woollen goods, in
the town of Chelmsford, in the county of Middlesex ; and for
this purpose shall have all the powers and privileges, and be sub-
ject to all the duties, restrictions and liabilities, set forth in the
thirty-eighth and forty-fourth chapters of the Revised Statutes,
passed on the fourth day of November, in the year one thousand
eight hundred and thirty-five.

Sect. 2. The said corporation may hold, for the purposes
aforesaid, real estate to the amount of twenty-five thousand dol-
lars, and the whole capital stock of said corporation shall not
exceed the amount of fifty thousand dollars. [Jlpril 13, 1836.]

Chctt)'2t\5t ■'^" Act to incorporate the Northwest District Fire Society in West Cambridge.

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

Sect. 1. Kimball Farmer, Abel Locke and John Perry,
their associates and successors, are hereby made a corporation,
by the name of the Northwest District Fire Society, in West
Cambridge, with all the powers and privileges, and subject to all
the duties, restrictions and liabilities, set forth in the forty-fourth
chapter of the Revised Statutes, passed on the fourth day of No-
vember, in the year one thousand eight hundred and thirty-five.

Sect. 2. The said corporation may hold, for the purposes
aforesaid, real estate not exceeding in value one thousand dollars,
and personal estate not exceeding in value fifteen hundred dol-
lars. [April 13, 1836.]

Persons incor-
porated.

Powers and du-
ties.

R. S. ch. 44.

Real and per-
sonal estate.

Chap2\6.

Persons incor-
porated.

Powers and du-
ties.

R. S. ch. 38. 44.

Real estate and
capital stock.

An Act to incorporate the Charlestown Steam Cotton Factory.

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

Sect. 1. Oilman Stanley, Richard Devens, and Ebenezer
F. Cutter, their associates and successors, are hereby made a
manufacturing corporation, by the name of the Charlestown Steam
Cotton Factory, for the purpose of manufacturing cotton, in the
town of Charlestown, in the county of Middlesex, and for this
purpose shall have all the powers and privileges, and be subject
to all the duties, restrictions and liabilities, set forth in the thirty-
eighth and forty-fourth chapters of the Revised Statutes, passed
on the fourth day of November, in the year one thousand eight
hundred and thirty-five.

Sect. 2. The said corporation may hold, for the purposes
aforesaid, real estate to the amount of fifty thousand dollars, and

1836. Chap. 216—219. 685

the whole capital stock of said corporation shall not exceed the
amount of two hundred and fifty thousand dollars, [^pril 13,
1836.]

An Act in addition to an Act to incorporate the Suffolk India Rubber Company. C'A.f?Z?21 7

BE it enacted by the Senate and House of Representatives, 1835 ch. 70.
in General Court assembled, and by the authority of the same,
as follows :

Sect. 1. The Suffolk India Rubber Company are hereby au- Name changed
thorized to take the name of the Chelsea Manufacturing Companv : f"*^ powers en-

..,,.. , . o I J y larged.

and m addilion to the })owers given by the act establishing the
same, are empowered to manufacture fabrics, composed wholly,
or in part, of cotton, wool or silk, and to make machinery.

Sect. 2. The business of said company shall be carried on Powers and
in the county of Suffolk, and said company shall have all the duties.
powers and privileges, and be subject to all the duties, restric-
tions and liabilities, set forth in the thirty-eighth and forty-fourth R.S.ch 38.44.
chapters of the Revised Statutes, passed on the fourth day of No-
vember, in the year one thousand eight hundred and thirty-five.
[Jlpril 13, 1836.]

An Act in relation to the Alewive Fisherj' in Weweantit River. f^hn'n'^A P

BE it enacted by the Senate and House of Representatives, 1797 ^h. 69.
in General Court assembled, and by the authority of the same, (v. 2. p. 214.)
as follows: I8i9ch.ii8.

Sect. 1. All the provisions of the several laws relating to Repeal,
the fish called alewives, in Weweantit river, and the fishery con-
nected with said river, so far as any duties are required of, or any
liabilities are imposed on the inhabitants of the town of Roches-
ter, in the county of Plymoutl), are hereby repealed.

Sect. 2. All the rights and privileges by law conferred on Rights and priv-
the inhabitants of said town of Rochester, to the fishery of said ''eges of Roch-
river, and the proceeds thereof are hereby conferred on .Joshua onY.B.^Tobey
B. Tobey, his heirs and assigns, and he and they are re-
quired, in the fall of each successive year hereafter, to appoint
three suitable persons as members of the committee for said river,
who shall be required to perform the same duties, and vested
with the same authority, as the committee of the town of Roch-
ester now are, and the said Tobey, his heirs and assigns, shall
be subject to the same pecuniary liabilities as the inhabitants of
Rochester now are. [Jlpril 13, 1836.]

An Act authorizing Elisha Burgess and William B. Pettis to extend a Wharf in Som- /^////*)9 1 Q

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

Elisha Burgess and William B. Pettis are hereby authorized to Extension of
extend their wharf at Somerset, into the channel of Taunton wharf author-
river, to a line drawn straight from the southeastwardly corner of '^^ '
Isaac Pierce's south wharf to the northeastwardly corner of the
wharf owned by Collins Chace and Mary Swasey : provided,

686 1836. Chap. 219—221.

that this grant shall in no wise interfere with the legal rights of
any other person, [^^pril 13, 1836.]

r^h ■n99n ^"^ ^^^ '" addition to an Aci to incorporate the Boston Children's Friend Society.

1834 ch! 66. ' -^-E ^^ enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :
What children Sect. 1. The said society may admit into their institution
may be admit- g^y indigent child, at the request of its parent or guardian, and
accept from its father, or in case of the father's being dead, from
its mother or guardian, a surrender in writing, of any such child,
to the care and direction of said corporation, and also may admit
any other indigent children residing in the city of Boston, who
have no parent or guardian within the Commonwealth. And all
children so admitted, shall be maintained and employed by said
society, and shall be instructed in moral and religious duties and
the branches of learning usually taught in the common town
schools.
Binding out of Sect. 2. The said society may retain and employ such chil-
chiidren,&c. J pen, after they are of suitable age to be bound out as appren-
tices ; or may bind out such children when of suitable age, as
domestics in virtuous families, or as apprentices at any reputable
trade, until the age of twenty-one years if males, or of eighteen
years if females, in like manner and on the same conditions as
overseers of the poor may, by law, bind out the children of poor
Proviso. persons settled in their respective towns : provided, that any such

child who shall not have been surrendered to said society in the
manner herein provided, may be withdiavvn from the society or
the persons to whom it is bound, by its parent or guardian, upon
payment to said society of the expenses incurred by them in the
relief, support and instruction of such child.
Powers and Sect. 3. This corporation shall have all the powers and

duties. privileges, and be subject to all the duties, restrictions and liabili-

R. S.ch.44. ties set forth in the forty-fourth chapter of the Revised Statutes,
passed on the fourth day of November, in the year one thousand
eight hundred and thirty-five. [J]pril 13, 1836.]

C/fl(ip'2!2'\ . An Act to establisii the Mount Hope Rail-road Corporation.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as folloios :
Persons incor- Sect. 1. EHsha Burgcss, Samuel L . Crocker, and Whcaton
porate . Lutlier, their associates and successors, are hereby made a cor-

poration, by the name of the Mount Hope Rail-road Corpora-
Powers and du- t'^"' ^^'''^^ ^'^ t'l^ powers and privileges, and subject to all the
ties. duties, liabilities and provisions, contained in that part of the thir-

R. S. ch. 39.44. ty-ninth chapter of the Revised Statutes, passed on the fourth
day of November, in the year one thousand eight hundred and
thirty-five, which relates to rail-road corporations, and in the for-
ty-fourth chapter of said Revised Statutes ; "and said corporation
is hereby authorized to locate, construct and finally complete a
rail-road from Taunton, in the county of Bristol, to Somerset,

1836. Chap. 221. 687

in the same county, in the direction hereafter described, viz : Route of the

■' . • 1 m -o 1 Ti •! 1 rail-road.

commencing at a pomt m the launton Branch Kail-road, near
Nathan R. Shaw's store in said Taunton, and passing southerly
about two thousand feet, in a curve to the right, crossing the
Taunton and Providence turnpike, near the house of Annis New-
comb ; thence southerly, about forty-two hundred feet ; thence
thirty-six hundred feet, on a curve to the right, to the table land
north of Dyer Pratt's : thence southwesterly, in a straight line,
about half a mile, to a point a little southwesterly of Blake's
landing ; thence, by a gentle curve, near the western bank of
Taunton river, about thirty-four hundred feet ; thence south-
westerly, in a straight line, about fifty-eight hundred feet, cross-
ing Three Mile river, and approaching near to Taunton river,
opposite " the needles," so called ; thence southerly and south-
westerly, by gende curves, of radii, varying from half a mile to
a mile and a half, crossing the Berkley road, passing westerly of
Church's hill, and crossing Sickeraganset river near its mouth ;
thence nearly south, in a straight line, to a point near the mouth
of " Mud cove," so called ; thence, crossing said cove and the
public road, along the west bank of Taunton river, to a point
near Jones' wharf, in Dighton ; thence southerly, to the mouth
of Broad cove, so called ; thence, crossing the cove, and pass-
ing near the bank of the river, about one mile ; thence, on the
west side of the hill upon Store-house point, one fourth of a
mile, to the bank of Taunton river ; thence, along the bank of
the river, to the depot in the southerly part of Somerset village.

Sect. 2. Said corporation shall furnish the same facilities. Facilities for
for the passage of vessels at Broad cove, as are provided in the vetse^sf^^^ °
act, authorizing a bridge to be built over said cove, passed on the i832ch. 132.
sixteenth day of March, in the year one thousand eight hundred
and thirty-two.

Sect. 3. The capital stock of said corporation shall consist Capital stock
of a sum not exceeding one hundred and fifty thousand dollars,
to be divided into shares of one hundred dollars each ; and said
corporation may purchase and hold such real estate, as may be
necessary for a depot, and other purposes connected with the
use of said road.

Sect. 4. At the expiration of four years, from and after the Legislature
time of tlie completion of said rail-road, the legislature may, j^j^s_ ^^
from time to time, alter or reduce the rate of tolls and other pro-
fits, upon said rail-road ; but the said tolls shall not, without the
consent of said corporation, be so reduced as to produce, with
said profits, less than ten per cent, per annum.

Sect. 5. Said corporation are hereby authorized to enter. May enter the
with their rail-road, on that point of the Taunton Branch Rail- 1^""'°"d •■

... i-i/'' • r I ■ •!•/• Branch Rail-

road, designated in the first section ol this act, or witliin torty road.

rods, in either direction from said point, paying for the right to
use the same, or any part thereof, such a rate of toll as the legis-
lature may from time to time prescribe, and complying with such
rules and regulations as may be established by said Taunton
Branch Rail-road Corporation, by virtue of the fourth section of

1831 ch. 53.

688 1836. Chap. 221—222.

their act of incorporation. Provided^ however^ that it shall be the
duty of the corporation hereby created, to enter the said Taunton
Branch Rail-road by such proper turn-outs or switches as will
not unreasonably incommode the travel upon the said Taunton
Branch Rail-road, and pay all the expenses incident to, and in
consequence of, any alterations necessary in said Taunton
Branch Rail-road, to enable them to enter upon it in a proper
manner.
Conditions of Sect. 6. If the amount of stock of said rail-road shall not
'"^'^'^'' have been subscribed for, the corporation organized, and the lo-

cation of the roail filed with the county commissioners of the
county of Bristol, previous to the first day of July, in the year
one thousand eight hundred and thirty-seven ; or, if the said cor-
poration shall fail to complete the said road on or before the first
day of September, in the year one thousand eight hundred and
thirty-eight, then this act shall be void.
B. and T. Rail- Sect. 7. If the charter granted to Cyrus Alger and others,
road Co. may nggsed on the twentv-sccond day of January, rjimel in the year one

DurchcLSc this ' . j ' \- -^ j

road. thousand eight hundred and thirty-one, to establish the Boston

and Taunton Rail-road Company, shall be renewed, or a similar
charter granted to said Alger and others, and the rail-road estab-
lished by that act shall be completed, so as to unite with the rail-
road established by this act, said Boston and Taunton Rail-road
Company may, at any time, within five years from opening the
rail-road established by this act for use, purchase of the corpo-
ration hereby created the rail-road so opened, and all the fran-
chise, property, rights and privileges thereof, by paying them
therefor such sum as will reimburse the amount of capital paid
in, with a nett profit thereon of six per cent, per annum, from
the time of the payment thereof by the stockholders, to the time

Proviso. of said purchase. Provided^ nevertheless, that the several stock-

holders of the rail-road company, established by this act, shall be
permitted on said purchase, to become stockholders in said Bos-
ton and Taunton Rail-road Company, by receiving stock or
shares thereof, to the amount in which they may be respectively
interested, as stockholders in the rail-road company hereby es-
tablished, l^pril 13, 1836.]

C/l(l'P'2''22> ^^ '^^'T *° incorporate the Rock Bottom Company.

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

Persons incor- Sect. I. Benjamin Poor, Charles Bradley and J. A. A.

porated. Laforest, their associates and successors, are hereby made a

manufacturing corporation, by the name of the Rock Bottom
Company, for the purpose of manufacturing cotton and woollen
goods, in the town of Stow, in the county of Middlesex ; and
for this purpose shall have all the powers and privileges, and be

dutTeT.^ ^" subject to all the duties, restrictions and liabilities set forth in the

R. s. eh. 38. 44- thirty-eighth and forty-fourlh chapters of the Revised Statutes,

1836. Chap. 222—226. 689

passed on the fourth day of November, in the year one thousand
eight hundred and thirty-five.

Sect. 2, The said corporation may hold, for the purposes Real estate and
aforesaid, real estate to the amount of forty thousand dollars, and '^^P"^ ^^°'^^-
the whole capital stock of said corporation shall not exceed the
amount of one hundred thousand dollars, [^pril 13, 1836.]

An Act in addition to " An Act to incorporate the Managers of the Boston Seamen's C/^-Cf/? 224'.
Friend Societj'." -*

BE it enacted by the Senate and House of Representatives, '^ '
in General Court assembled, and by the authority of the same,
as follows :

Five members of the board of managers shall constitute a quo- Quorum.
rum for the transaction of business, any provision in the act to
which this is in addition, to the contrary notwithstanding. [April
13, 1836.]

An Act to incorporate the Chemical D^'eing and Printing Company. Chct'P'2i^5.

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

Sect. 1. John Fenno, John Low, and Simeon Butterfield, Persons incor-
their associates and successors, are hereby made a manufacturing P"*^* ^
corporation, for the purpose of coloring, dyeing, manufacturing
and printing cotton, linen, silk and other fabrics, in the town of
Chelsea, in the county of Suffolk ; and, for this purpose, shall P^^^^rs and du-
have all the powers and privileges, and be subject to all the du-
ties, restrictions and liabilities, set forth in the thirty-eighth and R- S. eh. 38. 44.
forty-fourth chapters of the Revised Statutes, passed on the
fourth day of November, in the year one thousand eight hundred
and thirty-five.

Sect. 2. The said corporation may hold, for the purposes Real estate and
aforesaid, real estate to the amount of twelve thousand five bun- <=»P"ai stock,
dred dollars, and the whole capital stock of said corporation shall [Increased,
not exceed the amount of fifty thousand dollars. [April l^^^^^'' '^^•^^''•^
1836.] Add. act, 1837 ch. 187.

An Act to incorporate the Roxbur^' Hair Cloth Company. Chctpz^G.

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

Sect. 1. Stephen Faunce, .Jr., Kendall Brooks, and Frank- Persons ineor-
lin White, their associates and successors, are hereby made a ^^"^^ ^ '
manufacturing corporation, by the name of the Roxbury Hair
Cloth Company, for the purpose of manufacturing hair cloth in
the town of Roxbury, in the county of Norfolk ; and for this Powers and du-
purpose shall have all the powers and privileges, and be subject "^*"
to all the duties, restrictions and liabilities, set forth in the thirty- R. S. ch.38.44.
eighth and forty-fourth chapters of the Revised Statutes, passed
on the fourth day of November, in the year one thousand eight
hundred and thirty-five.

Sect. 2. The said corporation may hold, for the purposes Real estate and
aforesaid, real estate to the amount of thirty thousand dollars, *^^P"*' ^^°^^-

VOL. VII. 87

690 1836. Chap. 226—228.

and the whole capital stock of said corporation shall not exceed
the amount of one hundred thousand dollars, [^pril 13, 1836.]

ChCip'Z'Zl , An Act to establish the Roxbury Bank.

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

Persons incor- Sect. 1. Ebenezer Seaver, George Adams, and Amos

porated. Stevens, their associates and successors, are hereby created a

corporation, by the name of the President, Directors and Com-
pany of the Roxbury Bank, to be established in Roxbury, and
shall so continue until the first day of October, in the year one

Powers and du- thousand eight hundred and fifty-one, and shall be entitled to all
the privileges and powers, and subject to all the duties, liabilities

R. S. ch. 36. and requirements, contained in the thirty-sixth chapter of the
Revised Statutes, passed the fourth day of November, in the
year one thousand eight hundred and thirty-five.

Transfer of Sect. 2. The stock in said bank shall be transferable only at

^ °^ ■ its banking house and in its books.

Capital stock. Sect. 3. The capital stock of said corporation shall con-
sist 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 may direct : provided, the
whole be paid, on or before the first day of January next.
[^pril 13, 1836.]

Ky'lKtp^/i'O, An Act to authorize the town of Lynn to enclose their Public Common.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :
Enclosure of Sect. 1, The inhabitants of the town of Lynn shall have

commonauthor- jij^gj-iy [q enclose such part or parts of their public common, sit-
uated between Breed's hotel, (so called) on the Salem turnpike,
and the First Methodist meeting-house in said town, at any time,
and in such manner, as said town may determine at any legal
meeting of the inhabitants, due notice of such intention being
previously given by the selectmen in their warrant for calling said
meeting.
Howitshallbe Sect. 2. Whenever said town shall determine to enclose
^°^^- any part of said common, the same shall be done under* the di-

rection of a committee, appointed by the town for that purpose,
which committee shall have liberty to plant such ornamental trees
within the enclosure as they may deem proper, and said commit-
tee shall be required to provide a sufficient number of avenues or
passes, for the inhabitants to pass and repass on foot across the
said common.
Highway. Sect. 3. Nothing in this act contained shall prevent the

laying out a public highway through said enclosure, whenever the
public exigencies may require. [^A^ril 13, 1836.]

1836. Chap. 229—232. 691

An Act to incorporate the Union Charitable Society, in Salem. ChctV^^d*

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

Sect. 1. William Jones, Schuyler Lawrence, and William Persons incor-
Williams, their associates and successors, are hereby made a P°'"^ie<i-
corporation, by the name of the Union Charitable Society, in
Salem, with all the powers and privileges, and subject to all the Powers and du-
duties, restrictions and liabilities, set forth in the forty-fourth ^'^*-
chapter of the Revised Statutes, passed on the fourth day of r. s. ch. 44.
November, in the year one thousand eight hundred and thirty-five.

Sect. 2. Said corporation may hold real and personal es- Real and per-
tate, not exceeding in amount the sum of ten thousand dollars, to *°°* estate,
be devoted exclusively to charitable purposes, [^pril 13, 1836.]

An Act in addition to " An Act to incorporate the New Haven and Northampton Clh/rrj^SO.
ComDanv." x^

1836 ch. 199.

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

The notice, which in and by the act entitled, "an act to in- How notice
corporate the New Haven and Northampton Company," passed ™ay be given,
the ninth day of April, in the year of our Lord one thousand
eight hundred and thirty-six, is to be given in some newspapei',
printed in Westfield, in the county of Hampden, may be given
in such newspaper, or in want thereof, in any other newspaper
printed in said county, [^^pril 14, 1836.]

An Act to establish the Eastern Rail-road Company. ChQJ)^S'2',

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

Sect. 1. George Peabody, William H. Foster and Larkin Persons incor-
Thorndike, their associates and successors, are hereby made a P"*"^^^^-
corporation, by the name of the Eastern Rail-road Company,
with all the powers and privileges, and subject to all the duties. Powers and du-
liabilities and provisions, contained in that part of the thirty-ninth ^'^*'
chapter of the Revised Statutes, passed November the fourth, in R. s. ch. 39. 44.
the year one thousand eight hundred and thirty-five, which relates
to rail-road corporations, and in the forty-fourth chapter of said
Revised Statutes ; and said corporation is hereby authorized and
empowered to locale, construct and finally complete a rail-road
from the city of Boston to the boundary line between the Com-
monwealth of Massachusetts and the state of New Hampshire,
on or near the line next herein after described, viz : beginning at Route of raii-
or near the land or wharf of the Lewis Wharf Company ; thence ''°^^-
by steam boats, or other boats, over and across the ferry, to East
Boston, so called ; thence, through or near a depot of said cor-
poration, to Decatur street, in said East Boston ; thence, running
parallel with, and distant about two hundred feet from Chelsea
street, north, forty-nine degrees east, forty-three hundred and
twenty feet ; thence westerly, about sixteen hundred feet, by a

692 1836. Chap. 232.

Route of rail- curve of eleven thousand four hundred and sixty feet radius;

'°^ ■ thence north, forty-one degrees east, ninety-seven hundred and

fifty feet, crossing the westerly end of Bell Tsle and Chelsea
river, to the hill situate about half of a mile easterly of Chelsea
meeting-house ; thence easterly, about seven hundred feet, by a
curve of eleven thousand four hundred and sixty feet radius ;
thence north, thirty-eight degrees east, seventeen thousand two
hundred and twenty-eight feet, to the left bank of Saugus river,
to a point about three hundred yards from its mouth ; thence
easterly, about twenty-eight hundred and fifty feet, by a curve of
fifty-seven hundred and thirty feet radius ; thence north, sixty-six
degrees east, twelve thousand five hundred and fifty feet, passing
through Lynn, to a meadow south of Rufus Parrott's house ;
thence westerly, about forty-six hundred feet, by a curve of fifty-
seven hundred and thirty feet radius, passing near the house of
Pickering Dodge, and near the "great oak," so called ; thence
north, twenty-one degrees east, about five hundred feet, to a
point at or near the head of " big swamp," so called ; thence
easterly, about twenty-one hundred and fifty feet, by a curve of
fifty-seven hundred and thirty feet radius ; thence north, forty-
three degrees east, about sixteen hundred and sixty-five feet,
across the " big swamp," so called, to a point at or near an old
dam ; thence westerly, about nine hundred and forty-eight feet,
by a curve of fifty-seven hundred and thirty feet radius, crossing
a small pond ; thence north, thirty-four degrees east, about fifty-
six hundred and eighty-nine feet, to a point at or near " Castle
hill," so called ; thence easterly, about eleven hundred and fifty
feet, by a curve of fifty-seven hundred and thirty feet radius, into
a meadow ; thence north, forty-five degrees east, about twelve
hundred and one feet, to a point at or near the lead factory, so
called ; thence westerly, about twelve hundred feet, by a curve
of fourteen hundred and thirty-two feet radius, to a point at or
near a hill situate northerly of Harbor street ; thence north, two
degrees west, about twenty-five hundred and seventy-three feet,
to the southerly side of Forrester street, in the city of Salem ;
thence easterly, about nine hundred and twenty-five feet, by a
curve of eleven hundred and forty-six feet radius, to a point at or
near Northey street ; thence north, forty-four degrees east, sev-
enteen hundred and sixteen feet, crossing Bridge street ; thence
westerly, about twelve hundred and fifty feet, by a curve of
twenty-eight hundred and sixty-five feet radius ; thence north,
nineteen degrees east, about twenty-four hundred and seventy-two
feet, to the left bank of the North river, at a point about five hun-
dred and fifty feet below Beverly bridge ; thence westerly, about
ten hundred and fifty feet, by a curve of fifty-seven hundred and
thirty feet radius, to a point distant about two hundred feet north-
erly from the brick school-house in Beverly ; thence north, eight
degrees east, about eleven thousand two hundred and thirty-four
feet, to a point near the house of J. Sheldon ; thence easterly,
about fifty-two hundred feet, by a curve of seventeen thousand
one hundred and ninety feet radius, to a point at or near a small

1836.-

-Chap. 232.

693

pond; thence north, twenty-seven degrees east, about eleven Route of rail-
thousand four hundred feet, to a point at or near the house of J. '■°^^-
B. Dodge ; thence easterly, about sixteen hundred and thirty-
three feet, by a curve of eleven thousand four hundred and sixty
feet radius, to a swamp ; thence north, fifty-six degrees east,
about ninety-eight hundred and eighty-five feet, to a point at or
near the house of J. and B. Appleton ; thence westerly, about
twelve hundred and fifty feet, by a curve of fifty-seven hundred
and thirty feet radius ; thence north, twenty-one degrees east,
about twenty-two hundred and ninety feet, to the Topsfield road ;
thence easterly, about eight hundred and thirty-three feet, by
a curve of fifty-seven hundred and thirty feet radius, to a point
at or near a road ; thence north, thirty degrees east, about sixty-
eight hundred and ninety-two feet, to a point at or near the house
of G. Chapman, in Ipswich ; thence westerly, about eleven hun-
dred feet, by a curve of eleven hundred and forty-six feet radi-
us, to the low grounds ; thence north, twenty-five degrees west,
about seventeen hundred feet, to a point at or near the corner of
the Boxford road ; thence easterly, about twenty-five hundred
feet, by a curve of fifty-seven hundred and thirty feet radius, to
a cross road ; thence northerly, about thirty-seven thousand sev-
en hundred and forty-two feet, crossing the meadows of Ipswich,
Rowley and Newbury, and crossing Rowley, Parker and Lit-
tle rivers ; thence easterly, about eighteen hundred and sixty-
seven feet, by a curve of eleven thousand four hundred and
sixty feet radius ; thence north, eight degrees east, about forty-
seven hundred and fifty feet, to Union street, in Newburyport ;
thence westerly, about six hundred and twenty-five feet, by a
curve of fourteen hundred and forty-eight feet radius ; thence
north, seventeen degrees west, about two hundred and eight feet ;
thence easterly, about eleven hundred and ten feet, by a curve of
twelve hundred and thirty feet radius, to a point at or near the
western end of the chain bridge over the Merrimack river ; thence,
across the site of said bridge, about one thousand feet, to the left
bank of said river; thence north, thirty-five degrees east, about
twenty-nine hundred and seventy feet, running on the easterly
side of the Newburyport bridge road ; thence westerly, about
eiglit hundred and twenty-five feet, by a curve of thirty-three hun-
dred feet radius ; thence nortii, eighteen degrees east, about eighty-
six hundred feet, to a point at or near " Carr's corner ; " thence
westerly, about eight hundred and twenty-five feet, by a curve
of thirty-three hundred feet radius ; thence north, eight degrees
east, to the boundary line between the said Commonwealth and
the state of New Hampshire : provided, nevertheless, tliat a part Part of line maj
of the above described line may and shall be altered, if the in- ^*^ altered,
habitants of the town of Newburyport shall so determine, at any
legal meeting of said inhabitants, called for that purpose, in man-
ner following, to wit : from a suitable point in Newbury, to the
western end of the said chain bridge across the Merrimack river ;
which alteration shall be made in such manner as the engineer of
the said Eastern Rail-road Company shall deem most suitable to

694 1836. Chap.

carry the line of said rail-road west of the jail in Newburyport,
and across High street, passing through or near Winter street :
Construction of and provided, also, that said corporation shall not be holden or
FeTred'^^ "^^ ^° required to construct iheir said rail-road on that part of the above
described line, between said Union street or Winter street, and
the boundary line between the said Commonwealth and said state
of New Hampshire, until they shall deem it expedient to do so.
Existing rights Sect. 2. Nothing herein contained shall be construed to con-
"airedb^ this ^''"^' interrupt or impair, the existing rights of any corporation,
act. person or persons, owning, or interested in, any ferry already es-

tablished or licensed, or to restrain the power of setting up any
ferry, which the wants or convenience of the public may require ;
and the said rail-road company shall not locate or construct any
part of their rail-road in, upon or through any enclosure used or
appropriated for the burial of the dead, without the consent of
the inhabitants of the town where such enclosure is situated.
Capital stock. Sect. 3. The Capital stock of said corporation shall consist
of not less than thirteen thousand, nor more than twenty thousand
shares, the number of which shall be determined, from time to
time, by said corporation, or by the directors thereof ; and no
assessment shall be laid thereon, of a greater amount in the
whole than one hundred dollars on each share ; and said corpo-
ration may purchase and hold, in the name of the corporation,
such real estate, materials, engines, cars and other things, as may
be necessary for depots, for the use of said road, and for the trans-
portation of persons, goods and merchandize.
Bridges, draws, Sect. 4. The Said corporation shall construct and maintain,
piers, &c. ji^ their said rail-road, a draw of at least thirty feet in width, across

each of the following rivers, for the passing and repassing of ves-
sels, viz : Saugus river, Salem South river, 'and Beverly river ;
also, a draw, not less than twenty-five feet in width, across Chel-
sea creek ; also, a bridge across Rowley river, which last men-
tioned bridge shall be built in such manner as the county com-
missioners for the county of Essex shall approve ; also, such
buoys and hawsers at or near Beverly bridge, and such lights,
(not exceeding four in number,) at the draw thereof, as the se-
lectmen of Beverly, in writing, shall direct. The said corpora-
tion shall erect such piers, near the said draws, any or either of
them, as the commissioners for the county in which such draw or
draws may be situate, shall, in writing, require ; and the said cor-
poration shall keep each of said draws and piers in good repair,
and shall raise or open said draws, and afford all reasonable ac-
commodation to vessels having occasion to pass through the same.
Damages for or either of them, by day or by night ; and if any such vessel
vessels being | jj |^g unreasonably detained in passing either of said draws,

detained unrea- r- ■ , K .'^ , • i-

sonably. by the negligence ot said corporation, in constantly providing

agents to discharge, faithfully the duties enjoined by this act, the
owner, commander or person having the consignment of said ves-
sel, may recover reasonable damages therefor, of said corporation
in an action on the case, before any court competent to try the

1836. Chap. 232. 695

same. The said corporation shall not permit the passing of any
bridge erected by them, by any carriages of any description,
other than those adapted to the travelling on said rail-road, nor by
horses or other beasts not attached to such rail-road carriages,
nor by persons on foot, except by such persons, carriages, horses
or other beasts, as may be in the immediate service of said cor-
poration.

Sect. 5. If, in constructing said rail-road, it shall be neces- Provisions re-
sary to remove, or alter any of the pipes or other works of the gnd'^Da^fe^rs^'"
Salem and Danvers aqueduct corporation, in the city of Salem, aqueduct,
the said rail-road company shall cause such removal or alteration
to be n)ade at their own expense, in such good and sufficient
manner, and of such suitable and permanent materials as will
convey the water of said aqueduct as freely, copiously and se-
curely as it is now conveyed ; and shall, from time to time, as
may be necessary, maintain the pipes and other constructions,
made necessary by any such alterations or removals, in good and
sufficient repair ; and said rail-road company shall be held to in-
demnify said aqueduct corporation for any loss, damage or ex-
pense, which they may sustain by reason of the removals or
alterations aforesaid, or by any other interference of said rail-
road, with the pipes or other works of said aqueduct corporation.

Sect. 6. The Salem turnpike and Chelsea bridge corpora- Salem turnpike
tion may subscribe for any amount, not exceeding one fourth part brkige^Mmpany
of the shares and capital stock of said Eastern Rail-road Compa- may subscribe
ny : provided, that the said Salem turnpike and Chelsea bridge '^°' ^'*^'^'^-
corporation shall, within ninety days after the passing of this act,
notify either of the three persons first named in the first section
hereof, of their intention to subscribe for, and own said shares ;
and the said Salem turnpike and Chelsea bridge corporation shall
distribute the shares and capital stock, so subscribed for by them,
among the stockholders, or otherwise dispose of the same, as
the said corporation, or the directors thereof, shall deem just and
expedient : provided, always, that the holders or proprietors of Proviso,
the shares, which may be taken as aforesaid by the said Salem
turnpike and Chelsea bridge corporation, shall hold the same,
subject to all assessments and liabilities, and with the same priv-
ileges as are provided concerning the shares and capital stock in
said rail-road company.

Sect. 7. The capital stock of said rail-road corporation shall
be thirteen thousand shares, until the number thereof shall be in-
creased in the matiner expressed in the second section of this
act; and if the said thirteen thousand shares shall not have been Number of
subscribed for, and the corporation organized before the first day ^i toons' ^"'^this"'
of January, in the year one thousand eight hundred and thirty- act.
seven, or if the location of said rail-road shall not be filed ac-
cording to law, or if said company shall fail to complete the said
rail-road, to the extent provided in the first section of this act,
on or before the first day of September, in the year one thousand
eight hundred and forty, this act shall be void.

Sect. 8. The legislature may, after the expiration of five

696 1836. Chap. 232—235.

Tolls may be years from the time when this rail-road shall be open for use,
^Islature^ '^' ^''°'^" '^''"® ^° Ume, alter or reduce the rate of tolls and other
profits upon said road ; but the said tolls shall not, without the
consent of the corporation, be so reduced as to produce with
said profits less than ten per cent, per annum.
Entrance of Sect. 9. The Commonwealth may authorize any company

other rail-roads, to enter, with another rail-road, at any point of said Eastern 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 the directors of said Eastern Rail-road. [^April
14, 1836.] Add. acts, 1837 eh. 152. 190.

/^7. „„5>Q<3 An Act to incorporate the Lowell Dispensary.

BE it enacted by the Senate and House of Representatives^
in General Court assembled^ and by the authority of the same,
as follows :
Persons incor- Sect. 1, James G.Carney, John Clark, James Cook, their
poraied. associatcs and successors, are hereby made a corporation, by the

name of the Lowell Dispensary, for the purpose of furnishing
medicine, and other needful articles, and medical advice and re-
Powers and du- lief, to the sick poor of tiie town of Lowell, with all the powers
*'^^' and privileges, and subject to all the duties, restrictions and lia-

R. S. ch.44. bilities, set forth in the forty-fourth chapter of the Revised Stat-
utes, passed on the fom-th day of November, in the year one
thousand eigiu hundred and thirty-five.
Real and per- Sect. 2. The Corporation hereby established may take and
sonai estate. hold, for the pia'pose aforesaid, any real or personal estate, the
annual income of which shall not exceed the sum of three thou-
sand dollars. {April 15, 1836.]

Chnn^'^X ^" '^^'^ ^° Ei'^Pnd a" Act to incorporate the Boston and Millbury Water Power and
\^lia^Z.O^. Manufacturing Company.

1836 ch. 186. jgjqj j^ enacted by the Senate and House of Representatives,

in General Court assembled, and by the authority of the same,
as follows :

Name chano-ed. The name of the said company shall be the Boston and Mill-
bury Water Power and Manufacturing Company, any thing in
the act entitled, an act to incorporate the Boston and Millbury
Water Power and Manufacturing Company, passed on the
ninth day of April instant, to the contrary notwithstanding.
[April 15, 1836.]

Chci'Jj'2'SFf. •'^" ^^''- in addition to an Act to incorporate the Douglas Axe Manufacturing Com-
" * panj'.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
as follows :
Increase of cap- Sect. 1. The Douglas Axc Manufacturing Company may
iiai. be lawfully possessed of seventy thousand .dollars in personal es-

tate, and seventy thousand dollars in real estate, in addition to
their present authorized capital.
Powers and du- Sect. 2. The said corporation shall have all the powers and

1836. Chap. 235—236. 697

privileges, and be subject to all the duties, restrictions and liabil-
ities, set forth in the thirty-eighth and forty-fourth chapters of the R. s. ch.38.44
Revised Statutes, passed on the fourth day of November, in the
year one thousand eight hundred and tliirty-five. [jiprll 15,
1836.]

An Act to incorporate the Pittsfield and West Stockbridg-e Rail-road Company. Ch(tp^36.

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

Sect. 1. Lemuel Pomeroy, Robert Campbell, and Mathias Persons incor-
R. Lanckton, their associates and successors, are hereby made P"*"^'^
a corporation, by the name of the Pittsfield and West Stock-
bridge Rail-road Company, with all the powers and privileges, Powers and du-
and subject to all the duties, liabilities and provisions, contained
in the forty-fourth chapter, and in that part relating to rail-road R. S. ch. 39. 44.
corporations, of the thirty-ninth chapter of the Revised Statutes,
passed on the fourth day of November, in the year one thousand
eight hundred and thirty-five.

Sect. 2. The said company may lay out and construct a Route of rail-
rail-road, commencing at some convenient place for a depot, at
or near the village of Pittsfield, and passing, or passing from, a
point in the north street of said village, within one hundred rods
of the town-house of Pittsfield, in a southwesterly direction,
crossing the road from Pittsfield to Albany, within one hundred
and fifty rods of said town-house ; thence passing near the village
of Stearnsville, and the Shaker mill, into Richmond ; and pass-
ing through Richmond near the house of Edwin W. Dwight, and
near the fiirnace in said Richmond, into West Stockbridge, to
the intersection of this rail-road with the West Stockbridge rail-
road, or the Western rail-road, on or near Flat Brook meadows,
in said West Stockbridge.

Sect. .3. The capital stock of said corporation shall not exceed Capital stock,
three hundred thousand dollars ; and shall be divided into shares of
one hundred dollars each ; and the said corporation may invest
and hold such part thereof in real estate, as may be necessary
and convenient for the purposes of their incorporation.

Sect. 4. The legislature may, after (he expiration of four ^«S's'^'"'"«
years from the time when this rail-road shall be opened for use,
from time to time, alter, equalize or reduce the rate of tolls and
other sources of profit upon said road ; but said tolls shall not,
without the consent of the corporation, be so reduced as to pro-
duce, with said profits, less than ten per cent, per annum.

Sect. 5. The Commonwealth may authorize any company Entrance of
to enter with another rail-road at any point of said Pittsfield and o'her rail roads.
West Stockbridge 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 the directors of
said Pittsfield and West Stockbridge Rail-road.

Sect. 6. If the corporation hereby created be not organiz- Conditions of
ed, and the location of its road filed, after, and within one year

VOL. VII. 88

698

1836.-

Chap. 236— 239.

after, the final location of the Western rail-road through Berk-
shire county ; or from West Stockbriclge to Lee, (in case it
should be located from West Stockbridge to Lee,) and if said
Pittsfield and West Stockbridge Rail-road shall not be complet-
ed within three years from said final location of the Western
rail-road ; or if said Western rail-road shall be finally located
through Pittsfield, this act shall be void. [April 15, 1836.]

An Act to incorporate the Mechanics Mutual Fire Insurance Company.

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

Ezekiel Bates, William Adams and PhinehasDow, their asso-
ciates and successors, are hereby made a corporation, by the
name of the Mechanics Mutual Fire Insurance Company in Bos-
ton, for the purpose of making insurance upon any building,
stock, tools and furniture whatsoever, within this Commonwealth,
with all the powers and privileges, and subject to all the duties
and liabilities set forth in the thirty-seventh and forty-fourth chap-
R. S. eh. 37. 44. ters of the Revised Statutes, passed on the fourth day of No-
vember, in the year one thousand eight hundred and thirty-five,
and to continue for the term of twenty-eight years, [^pril 15,
1836.]

Chap2S7.

Persons incor-
porated.

Powers and du
ties.

Chap239.

Persons incor-
porated.

Powers and du-
ties.
R. S. eh. 44.

Real estate.

Capital stock.

Delegation of
powers.

An Act to incorporate the Albany Wharf and Warehouse (Corporation.

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

Sect. 1. William B. Reynolds, John A. McGaw and
Charles Ellis, their associates and successors, are hereby made
a corporation, for the purpose of building wharves and ware-
houses, near the proposed terminus of the Worcester Rail-road
in the city of Boston, by the name of the Albany Wharf and
Warehouse Corporation, and shall have all the powers and privi-
leges, and be subject to all the duties, restrictions and liabilities
set forth in the forty-fourth chapter of the Revised Statutes,
passed on the fourth day of November, one thousand eight hun-
dred and thirty-five.

Sect. 2. Said corporation may hold, in fee simple, or other-
wise, any lands, wharves and flats, lying between Front street
and the channel in said Boston ; provided, that nothing herein
contained shall authorize said corporation to encroach upon the
channel, or any property of the Commonwealth, or to interfere
with the legal rights of any person or corporation.

Sect. 3. The capital stock of said corporation shall be di-
vided into five thousand shares, subject to assessments, not ex-
ceeding one hundred dollars in the whole, on each share.

Sect. 4. Any or all of the powers of said corporation, in so
far as it shall think proper to delegate the same, may be exercis-
ed in its behalf by its directors or other officers, [^pril 1 5,
1836.]

1836. Chap. 242—244. 699

An Act to establish the Kilby Bank. Chap2i4i2,

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

Sect. 1. John S. Wright, Charles Leighton and John C. Persons incor-
Tebbets, their associates and successors, are hereby made a cor- P^''^'^^-
poration, by the name of the President, Directors and Compa-
ny of the Kilby Bank, and shall so continue until the first day of
October, in the year one thousand eight hundred and fifty-one,
and shall be entitled to all the powers and privileges, and be sub- Powers and
iect to all the duties, liabilities and requirements contained in the ^"^'^s-
thirty-sixth chapter of the Revised Statutes, passed the fourth ' • '^ • '^''•
day of November, in the year one thousand eight hundred and
thirty-five.

Sect. 2. The said bank shall be established in the city of Transferor
Boston, and the stock thereof shall be transferable only at its ^^°'^^-
banking house and in its books.

Sect. 3. The capital stock of said corporation shall consist Capital stock,
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, on or before the first day of January next. [Jlpril 15,
1836.]

An Act concerning' the Harbor and the South River in Salem. CA.fflo243

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

Joseph Peabody, David Pingree, Daniel Bancroft and their Excavation of
associates, are hereby authorized and empowered, to excavate Saiemharbor

3,u.tnoriz6Q.

and deepen, by digging or otherwise, the harbor of Salem, the
channels leading into said harbor, and the channel of South River
in said Salem, so that they may be rendered more convenient for
the purposes of navigation : provided, that such excavation or
deepening shall not injuriously affect the rights of any person
whatever, [^pril 15, 1836.]

An Act to incorporate the Quinebaug Reservoir Company. K^lldp At^irif,

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

Sect. 1. Josiah J. Fiske, Charles Everett, Willard Sayles, Persons incor-
Ebenezer D. Ammidown, Moses Plimpton and Larkin Ammi- P"*"^^
down, their associates and successors, are hereby made a cor-
poration, by the name of the Quinebaug Reservoir Company,
for the purpose of constructing reservoirs at the sources, and
upon the several tributary streams of the Quinebaug River, in
the county of Worcester, for the increase of the water power
of said river, and for the mutual benefit of the mills and manu-
facturing establishments upon said river, and its tributary streams,
and shall be entitled to all the powers [«nrf] privileges, and subject Powers and du-
to all the duties, restrictions and liabilities set forth in the forty- ^'®^*

700

1836..

Chap. 244—249.

Real and per-
sonal estate.

Proviso.

July 14. 1772.

Repeal.

Previous doings
of corporation
confirmed.

R. s. eh. 44. fourth chapter of the Revised Statutes, passed on the fourth day
of November, in the year one thousand eight hundred and thirty
five.

Sect. 2. Said corporation are hereby authorized to make
and construct all necessary dams, gates and trenches for the pur-
pose aforesaid, and may purchase and hold real estate to such
extent as may be necessary for such purposes, not to exceed in
amount the sum of twent)'-five thousand dollars, and may hold
personal estate for the purpose aforesaid, not exceeding twenty
thousand dollars : provided, nevertheless, that nothing in this act
contained, shall at any lime impair or change, without their con-
sent, the rights of any individual or individuals other than the
petitioners. [April 16, 1836.]

LyfldpZi^O, An Act to amend an Act entitled an Act for subjecting the inhabitants of a part of
the town of Danvers, called the Neck of Land, to the charge of maintaining and
supporting certain bridges and highwaj's.

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

Sect. 1. So much of said act, as requires that the clerk
and other officers, who may from time to time be chosen in con-
formity with said act, shall be proprietors of land within the limits
of said Neck of land, is hereby repealed.

Sect. 2. All proceedings of said corporation, and all meet-
ings heretofore holden, as the same are recorded on the books
of the corporation, shall be of the same force and effect as if the
officers heretofore chosen had been proprietors of land as afoie-
said, and all said meetings had been called by the competent au-
thority within the terms of said act. [^April 16, 1836.]

An Act to establish Jail Limits in the County of Worcester.

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

In respect to all proceedings on executions issuing upon judg-
ments, which have been or may hereafter be recovered upon
contracts made before the second day of April, in the year one
thousand eight hundred and thirty-four, the county commissioners
of the county of Worcester, are authorized to establish limits for
the jail of said county, in the manner and to the extent provided
by the first section of the eighty-sixth chapter of the statute of
eighteen hundred and twenty -two. [April 16, 1836.]

An Act to establish the Nashua and Lowell Rail-road Corpoiation.

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

Sect. 1. Jesse Bowers, Ira Gay and Daniel Abbot, their
associates and successors, are hereby made a corporation, by the
name of the Nashua and Lowell Rail-road Corporation, with all
the powers and privileges, and subject to all the duties, liabilities
and provisions contained in that part of the thirty-ninth chapter of
the Revised Statutes, passed November the fourth, in the year

Chap2^S.

County com-
missioners au-
thorized to
establish jail
limits.

1822 eh. 86.

Chap24>9.

Persons incor-
porated.

Powers and
duties.

1836. Chap. 249. 701

one thousand eight hundred and thirty-five, which relates to rail-
road corporations, and in the forty-fourth chapter of said Revis- R. S. ch. 39. 44.
ed Statutes ; and said corporation is hereby authorized and em-
powered to locate, construct, and finally complete a rail-road,
from Lowell, in the county of Middlesex, to form a junction
with that portion of said Nashua and Lowell Rail-road, lying
within the state of New Hampshire — the proposed rail-road com-
mencing and pursuing the course following, viz. : — Commencing Route of raii-
at the western termination of the straight line near the car-house '■°ad.
of the Boston and Lowell Rail-road ; thence passing along the
northern bank of the canal, about eighteen hundred feet, to a
point a little westerly of the bridge over the same ; thence west-
erly, curving a little to the north, about one hundred and seventy
rods, to a point in said canal, about forty rods south of the guard
locks ; thence crossing said canal, and running westerly, in the
same direction, curving slightly to the south, about two hundred
and fifty-six rods, to a point about ten rods south of Black brook,
crossing the high way about forty rods east of Whitney's house ;
thence westerly, crossing Black brook, and continuing a straight
line about one hundred and twenty rods, to the second lock of
the locks at the head of Middlesex canal ; thence crossing said
lock, and passing along near the south bank of Merrimack river,
about one mile, to the margin of the Merrimack, at the hill,
about ninety-five rods east of Stony brook ; thence curving grad-
ually to the north, to a point near the mouth of said brook ;
thence crossing said brook, and curving gradually to the south,
about three hundred and sixty-six roads, to the Middlesex turn-
pike gate ; thence passing near the eastern side of said turnpike,
about two miles, to a point near the head of said turnpike ; thence
curving to the south, on the southern bank of the Merrimack,
to the mouth of Biscuit brook ; thence curving northerly, and
passing up the westerly bank of the Merrimack, to the mouth of
Butterfield's brook ; thence passing said brook, and leaving said
bank, and curving gradually to the west, round the brow of the
ridge, across the horse-shoe bend, about one mile and one hun-
dred rods, to the mouth of Howard's Brook ; thence crossing
the same near its mouth, and running along the bank of the Mer-
rimack, to the northern line of the state, so as to unite with that
part of the Nashua and Lowell Rail-road, lying within the state
of New Hampshire ; or the said corporation may commence
their road at some convenient point near the Boston and Lowell
Rail-road, south of the Patucket canal, and run near the mar-
gin of said canal, till they meet the line before described.

Sect. 2. The capital stock of said corporation shall consist Capital stock.
of a sum not exceeding three hundred thousand dollars, to be
divided into shares of one hundred dollars each ; and said cor-
poration may purchase and hold such real estate as may be ne-
cessary for a depot, and other purposes connected with the use of
said road.

Sect. 3. Said corporation are hereby authorized to enter. Entrance upon
with their rail-road, on that point of the Boston and Lowell LoweU^raH-^"^
rail-road, designated in the first section of this act, or within road.

702 1836. Chap. 249—260.

thirty rods, in either direction from said point, 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 their act of incorporation : provided, however, that it
shall be the duty of the corporation hereby created, to enter the
said Boston and Lowell rail-road by such proper turn-outs or
switches as will not unreasonably incommode the travel upon the
said Boston and Lowell rail-road, and pay all the expenses inci-
dent to, and in consequence of any alterations necessary in said
Boston and Lowell rail-road, to enable them to enter upon it in
a proper manner.
Conditions of Sect. 4. If the amount of stock of said rail-road shall not
have been subscribed for, the corporation organized, and the lo-
cation of the road filed with the county commissioners of the
county of Middlesex, previous to the first day of January, in the
year one thousand eight hundred and thirty-seven ; or if said cor-
poration shall fail to complete the said road on or before the first
day of September, in the year one thousand eight hundred and
thirty-eight, this act shall be void.
How road shall Sect. 5. Nothing Contained in this act shall authorize said
be constructed corporation to ercct any pier or other obstruction in the Patuck-
et or Middlesex canal, and if they construct their rail-road across
either of said canals, they shall not in any way obstruct the safe
and convenient use of said canals.
Legislature Sect. 6. The legislature may, after the expiration of four
may a er o s,. ^g^^.^ f^^^^^ ^j^g jj,^g when this rail-road shall be open for use,
from time to time, alter or reduce the rate of tolls and other
profits upon said road ; but the said tolls shall not, without the
consent of said corporation, be so reduced as to produce with
said profits less than ten per cent, per annum. [^pril 16,
1836.]

CiKip^^O. An Act to chnng-e the names of the several persons therein mentioned.

BE it enacted by (he Senate and House of Representatives,
in General Court assembled, and by the authority/ of the same,
us follows :
Suffolk. Abram Babcock may take the name of George Williams

Abram Babcock ; William Hulin may take the name of William
Hulin Clifton ; John French may take the name of John Marshall
French ; Charles Robert Andrews, a minor son of Elizabeth
Andrews, may take the name of John Dudley Andrews ; Abel
Munroe may take the name of Abel B. Munroe ; Caroline Lou-
isa Grosvenor may take the name of Louisa Grosvenor ; John
Calrow may take the name John Glover Calrow ; William Cal-
row, Jr., may take the name of William Howard Calrow ;
Thomas Calrow may take the name of Thomas Baldwin Cal-
row ; Patrick Cavanah may take the name of William Pollard Cav-
anah ; John Hunting Capen, a minor, may take the name of John
Capen ; Charles Cunningham, a minor, may take the name of
Charles West Cunningham ; Lydia Emily Coffin, a minor, may
take the name of Lydia Emily Coffin Morse ; John Stoddard

1836. Chap. 250. 703

may take the name of John D. Stoddard ; William Smith may-
take the name of Marcellus Jiidson Smith ; Joseph Saunders
Coffin, a minor, may take the name of Joseph Saunders ; Perci-
val Eaton Howe, a minor, may take the name of John Percival
Howe ; Gookin Parker may take the name of William Gookin
Parker ; all of the city of Boston, in the county of Suffolk. Pe- Essex,
ter Russell, of Lynnfield, may take the name of Helon Russell ;
William Burnham, fifth, of Essex, may take the name of Wil-
liam Haskell Burnham ; Frederick Griffin, of Essex, a mi-
nor, may take the name of Frederick Perkins Gardiner; Susan
Eliza Wood, of Gloucester, a minor, may take the name of Su-
san Bartlett Haskell ; Ahira Putnam, of Danvers, may lake the
name of Ahira Herrick Putnam ; Louisa Stickney, of Salem,
may take the name of Louisa D. Kent ; Nancy Collins Johnson,
of Salem, may take the name of Emily Collins Johnson ; Sam-
uel Bartlett, of West Newbury, may take the name of Samuel
Waldo Bartlett; John Currier, fourth, of Amesbury, may take
the name of John Henry Currier ; Israel Foster, 3d., of Bev-
erly, may take the name of Israel Wallace Foster; Joseph Cole,
of Ipswich, may take the name of Joseph D. Salisbury ; Abigail
Cole, of Ipswich, may lake the name of Abigail L. Salisbury ;
Joseph Very, of Danvers, may take the name of Joseph Dempsey
Very ; Ansel Putnam, a minor, son of Daniel Putnam, of Dan-
vers, may take the name of Ansel Wallace Putnam ; Mary Jane
Morse, of Haverhill, a minor, may take the name of Mary Jane
Smith ; Charles Henry Kent, of Rowley, may take the name of
Charles H. Webster ; Sarah Merrill Kent, of Rowley, may take
the name of Sarah Augusta Webster ; Lavina Kimball, of Ames-
bury, a minor, may take the nameofLavina Kimball Pressey; Ben-
jamin Foster, 4th., of Beverly, may take the name of Benjamin
Lovett Foster ; Mary Phillips Abbott, of Andover, may take the
name of Mary Elizabeth Phillips Abbott ; Moody Russell ofMid-
dleton, may take the name of Samuel M. Russell ; all of the county
of Essex. Anthony Vaughn Baker, of Cambridge, may take the Middlesex.
name of Anthony Vaughn Fletcher ; Martha Baker, of Cambridge,
may take the name of Martha Fletcher ; Martha Elizabeth Baker,
a minor daughter of Anthony Vaughn Baker, may take the name
of Martha Elizabeth Fletcher ; Benjamin Franklin Smith, a mi-
nor, of Woburn, may take the name of Benjamin Franklin Oakes
Smith ; Georgiana Reymond, of Maiden, a minor, may take the
name of Mary Ann Faulkner ; Matthew Thomas Kidder Adams
Griffin, of Westford, may take the name of George Adams
Griffin ; Sarah Mclntire, of Reading, may take the name of Sa-
rah Flint ; William Newell, of Brighton, may take the name of
William Whiting Wheaton Newell ; Reuben Seiders, of Cam-
bridge, may take ihe name of Richard Thomas Austin ; Mary
Jane Sanborn, of Lowell, may take the name of Mary Jane
Rollins ; Ira Hodgman, of Ashby, may take the name of Charles
Day ; Nathan Goodale, of Marlboro', may take the name of
Nathan Munroe Goodale ; James Francis Smiley, of Groton, a
minor, may take the name of James Tarbell ; Samuel Brown
Stone, of Natick, may take the name of Warren Stone ; all of

704

Worcester.

1836.

■Chap. 250.

Franklin.

Hampshire.

the county of Middlesex. Jonathan Sawyer, of Harvard, a nni-
nor, may take the name of Augustus Jonathan Sawyer ; Royal
C. Chesmore, of Fitchburg, may take the name of Henry Otis
Rockwell ; Dolly Wilder, of Leominster, may take the name of
Frances Hills Wilder; Jesse Trickey, of Worcester, may take
the name of Ivers R. Harvey ; Elijah Hitchcock, of Sturbridge,
a minor, may take the name of William Henry Hudson ; Willard
Billings, of Worcester, may take the name of John Willard Bil-
lings ; George Merriam Pride, of Fitchburg, may take the name
of George Henry Merriam ; Gibson Colburn, of Northborough,
may take the name of Henry Gibson Colbourn ; Samuel Adams
Hitchcock, of Sturbridge, may take the name of Samuel Adams
Hudson ; Mehitable Rand, of Westminster, may take the name
of Ellen Mehitable Rand ; Benjamin Taft, Jr., of Southbridge,
may take the name of Merrick Luther Taft ; Jonathan Orcutt,
Jr., of Athol, may take the name of George Richardson Orcutt ;
Jonah T. Houghton, of Berlin, may take the name of Henry
Taylor Houghton ; Jonathan C. Sloan, of Hardvvick, may take
the name of Henry Clinton ; Henry Taylor, of Leominster,
may take the name of George Henry Taylor ; Moses Sawyer
Hastings, of Berlin, may take the name of Christopher Sawyer
Hastings ; John Crouch, of Brookfield, may take the name of
John Clayton ; Benjamin Moon, of Charlton, may take the name
of Benjamin Brooks ; Charlotte Moon, of Charlton, may take
the name of Charlotte Brooks ; Stephen Moon, Jr., of Charlton,
may take the name of Stephen Brooks ; Eunice Moon, of Charl-
ton, may take the name of Eunice Brooks ; Louisa and Lauren-
da, minor children of Stephen Moon, may take the surname of
Brooks ; Samuel Lynn Fiske, of Southbridge, may take the
name of Samuel Lyon Fiske ; Olerton Cushman Silvester, of
Leicester, may take the name of Oliver Cushman Silvester ;
William Clark, of Spencer, may take the name of Orlendo Rus-
sell ; Charles Augustus Munroe, of Shrewsbury, may take the
name of Charles Augustus Harrington ; Aaron Lyon, Jr., of
Spencer, may take the name of Charles C. Pinckney ; Asa B.
Howe, of Leominster, may take the name of Webster B. Ran-
dolph ; Cheney Hill, of Spencer, may take the name of Cheney
Leander Mandell ; Lewis Trescott, of Lancaster, may take the
name of Lewis Erastus Trescott ; Ballou BufFum, of Mendon,
may take the name of David Ballou BulTum ; all of the county
of Worcester. Nehemiah Hoar, of Greenfield, may take the
name of Nehemiah Hunt ; Charles Sawyer, of Colraine, may
take the name of Charles Carpenter ; Lathrop Delano, of Mon-
tague, may take the name of Edward Lathrop Delano ; Leonard
Chenery, of Montague, may take the name of Edward Wells
Chenery ; Fanny Eliza Petton, of Buckland, a minor, may take
the name of Fanny Eliza Smith ; Smith Downing, of Sunder-
land, may take the name of Smith Downing Elliott ; all of the
county of Franklin. Clarinda Clark, of Granby, a minor, may
take the name of Sarah Clarinda Clark ; Lewis Ford, of Cum-
mington, a minor, may take the name of Lewis Thayer Ford ;
Thomas James Quance, of Hadley, may take the name of James

1836. Chap. 250—251. 705

Whitiiiarsh ; Isaac Tubbs, Susan Tubbs, Isaac N. Tubbs and
Phebe Tubbs, of Cummington, may severally take the surname
of Allen; Daniel B. Tubbs and Henry M. Tubbs, of Cum-
mington, minors, may severally take the surname of Allen ;
Larry Cbapin, of South Hadley, a minor, may fake the name of
Joseph Corbin Chapin ; Williatn Watson Witt, of South Had-
ley, a minor, may take the name of William De Witt ; Cornelia
Dexter Bridges, of Ware, a minor, may take the name of Cor-
nelia Adeliza Gould ; Philena Bates, of Cummington, may take
the name of Philena Ford ; John Witt, Jr., of Granby, may
lake the name of John De Witt ; Caroline Witt, of said Granby,
may take the name of Caroline De Witt ; Charles Smith, of
Northampton, may take the name of Charles Pomeroy ; all of
the county of Hampshire. Joseph Bull, Jr., of Westfield, may Hampden,
take the name of Edward Joseph Bull ; Alured B. Hitchcock,
of Brimfield, may take the name of John Boy den Austin ;
Franklin K. Thrall, of Blandford, a minor, may take the name
of Franklin Knox Oatley ; all of the county of Hampden.
John Smith, of Williamstown, may take the name of John Led- Berkshire,
denhurst Smith ; Benjamin Remington, Jr., of Savoy, may take
the name of Benjamin Franklin Remington ; all of the county of
Berkshire. Allen Luther, Jr., of Dighton, a minor, may take Bristol,
the name of Allen Wardw^ell Luther ; George Luther, of Som-
erset, a minor, may take the name of George Bowers Luther ;
William Cole, of New Bedford, may take the name of William
Bowen Cole ; all of the county of Bristol. Amanda Cotton, of Barnstable.
Yarmouth, a minor, may take the name of Amanda Parker Cot-
ton ; Pinkham Baker, of Yarmouth, a minor, may take the name
of Frederick Pinkham Baker ; Franklin Hallet, of Yarmouth,
a minor, may take the name of Joseph Franklin Hallet, all of
the county of Barnstable. Samuel Davis Heath, of Roxbury, Norfolk,
may take the name of William Samuel Heath ; William Patrick,
of Roxbury, Elizabeth Mills Patrick, wife of said William Pat-
rick, William Barry Patrick and Rebecca Barry Patrick, minor
children of said William, may severally take the surname of
White ; all of the county of Norfolk. Billa Bryant, of Roches- Plymouth,
ter, may take the name of William Bryant ; William Clapp, of
Scituate, may take the name of Allen Clapp ; all of the county
of Plymouth. 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 hereafter be consid-
ered as their only proper and legal names, to all intents and pur-
poses. \^April 16, 1836.]

An Act to establish the Freeman's Bank in Boston. Chttp^Sl «

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

Sect. 1. Levi Bliss, Andrew Drake and Prentiss Hobbs, Persons incor-
iheir associates and successors, are hereby made a corporation, poi^ated.

VOL. VII. 89

706 1836. Chap. 251—253.

by the name of the President, Directors and Company of the
Freeman's Bank, to be located in that part of the city of Boston,
known by the name of Sea street, and shall so continue until the
first day of October, in the year one thousand eight hundred and

Powers and du- fifty-one, and shall be entitled to all the powers and privileges,

*'^*' and be subject to all the duties, liabilities and requirements, con-

R. S. ch. 36. tained in the thirty-sixth chapter of the Revised Statutes, passed
on the fourth day of November, in the year one thousand eight
hundred and thirty-five.

Transferor Sect. 2. The stock of said bank shall be transferable only

^'°^''- at its banking house and in its books.

Capital stock. Sect. 3. The capital stock of said corporation shall consist
of the sum of one hundred and fifty thousand dollars, to be di-
vided 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, on or before the first day of
January next.

Residence of Sect. 4. A majority of the directors shall reside south of

Summer street, in said Boston, [^^pril 16, 1S36.]

Chci'D^5'2'. -^^ ^^"^ '° increase the Capital Stock of the Grand i3ank.

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

Increase of cap- Sect. 1. The President, Directors and Company of the
Grand Bank, are hereby authorized to increase their present
capital stock, by an addition thereto of twenty-five thousand
dollars, in shares of one hundred dollars each, which shall be
paid, in such instalments as the president and directors of said
bank may direct and determine : provided, that the whole
amount shall be paid in, on or before the tenth day of October
next.

Additional Sect. 2. The additional stock aforesaid shall be subject to

slock subject to ^j^^ |j|^g ^^^^ regulations, restrictions and provisions to which the
present capital stock of said bank is now subject.

Certificate. Sect. 3, Before said corporation shall proceed to do busi-

C^hnn^^'^ An Act to establish the Waltham Bank.

BE it enacted by the Senate and House of Representatives, in

General Court assembled, and by the authority of the same,

as follows :

Persons incor- Sect. 1. Luke Fiske, George Miller, Nathaniel Maynard,

porated. their associates and successors, are hereby made a corporation,

by the name of the President, Directors and Company of the

Waltham Bank, to be established in Waltham, in the county of

Middlesex, and shall so continue until the first day of October,

Powers and in the year one thousand eight hundred and fifty-one, and shall

duties. ^g entitled to all the powers and privileges, and subject to all the

1836. Chap. 253—257. 707

duties, liabilities and requirements, contained in the thirty-sixth R.S.ch. 36.
chapter of the Revised Statutes, passed the fourth day of No-
vember, in the year one thousand eight hundred and thirty-five.

Sect. 2. The stock of said corporation shall be transferable Transferor
only at its banking house and in its books.

Sect. 3. The capital stock of said corporation shall consist Capital stock,
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 may direct : provided, the whole
be paid in, on or before the first day of January next. [April
16, 1836.]

An Act to authorize the Boston and Providence Rail-road Corporation to increase (JhCLp'2'K>^»
their Capital Slock. 1831 ch. 56.

BE it enacted by the Senate and House of Representatives^ 1832 ch. 74.
in General Court assembled^ and by the authority of the same^ Jgg^ ^|J" ^^j
as follows : I835ch.46. io2.

The Boston and Providence Rail -road Corporation are here- increase of cap-
by authorized to make a further increase of their capital stock,
to an amount not exceeding five hundred thousand dollars, by
creating an additional number of shares, not exceeding five tliou-
sand, of one hundred dollars each, the said shares to be appor-
tioned among the present stockhholders pro rata ; and the same
to be assessed by instalments, from time to time, as the directors
shall find it expedient, the amount thus raised to be applied for
the purposes specified in their original act of incorporation, and
the acts in addition thereto : provided, that the said corporation, Purchase of
in regard to the right of the Commonwealth to purchase said rail- [nonweaJOi""*
road, shall be subject to the provisions of the eighty-fourth sec-
tion of the thirty-ninth chapter of the Revised Statutes, passed
on the fourth day of November, in the year one thousand eight
hundred and thirty-five, any thing contained in an act in addition
to their act of incorporation, passed on the twenty-ninth day of
February, in the year one thousand eight hundred and thirty-two,
to the contrary notwithstanding. [April 16, 1836.]

An Act to establish the Woburn Bank. Chcip'257 ,

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

Sect. 1. John Wade, Bowen Buckman and Augustus Persons incor
Plympton, their associates and successors, are hereby made a P"""^'^ •
corporation, by the name of the President, Directors atid Com-
pany of the Woburn Bank, to be located in the town of Woburn,
and shall so continue until the first day of October, in the year
one thousand eight hundred and fifty-one, and shall be entided to Powers and
all the privileges and powers, and subject to all the duties, liabil- '^""es.
ities and requirements, contained in the thirty-sixtb chapter of R.S.ch. 36.
the Revised Statutes, passed the fourth day of November, in the
year one thousand eight hundred and thirty-five.

Sect. 2. The stock in said bank shall be transferable only Transfer of
at its banking house and in its books. **°'^'^"

708

1836.-

-Chap. 257—259.

Capital stock.

Chap259.

Persons incor-
porated.

Powers and du-
ties.

R. S. eh. 44.

Real estate.

Personal estate.

Number of
shares, assess-
ments, &c.

Proviso.

Sect. 3. The capital stock of said corporation shall consist
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 may direct : provided, the whole be
paid in, on or before the first day of January next. [April 16,
1836.] _^

An Act to incorporate the Boston Wharf Company.

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

Sect. 1. Cyrus Alger, Hall J. How, Josiah Dunham, their
associates and successors, are hereby made a corporation, by the
name of "the Boston Wharf Company," with all the powers
and privileges, and subject to all the duties, restrictions and lia-
bilities, set forth in the forty-fourth chapter of the Revised Stat-
utes, passed on the fourth day of November, in the year one
thousand eight hundred and thirty-five.

Sect. 2. The said corporation may take and hold all or any
part of the land and flats, with llieir privileges and appurtenances,
lying in South Boston, and whereof the said corporation shall
legally acquire the property from the lawful owners of the same,
that is to say, a parcel of land bounded and described as follows,
to wit : beginning at a point about four hundred and seventeen
feet easterly of Turnpike street, and bounding southerly on First
street, about eight hundred and twenty-two feet : easterly on land
now or lately of the Glass Company, as far as private rights to
said flats extend ; and westerly on land now or lately of Winslow
and others, as far as private rights to said flats extend ; and the
said corporation may receive dockage and wharfage for vessels
laid at their wharves ; and may, conformably to the provisions of
such by-laws as shall, from time to time, be established by them,
make any conveyances of their corporate property, and lease,
manage and improve their said property, as they shall deem ex-
pedient. And the said corporation may also hold any personal
property, to an amount not exceeding one hundred thousand
dollars.

Sect. 3. The said corporate property shall be divided into
twelve hundred shares of five hundred dollars each, and assess-
ments may be made from time to time thereon, not exceeding
the said sum of five hundred dollars on each share, and in case
any proprietor shall not pay such assessments as may be laid on
his share or shares, the said corporation may cause the same to
be sold by public auction, after fourteen days notice, in one
or more daily newspapers published in the city of Boston,
and the surplus, if any shall remain after paying the assessments,
together with interest and incidental charges, shall, upon request,
be paid over to such proprietor, and the purchaser shall be enti-
tled to a certificate of the share or shares so sold : provided, al-
ways, that all assessments on the shares shall be agreed to by at
least two thirds in number of the votes of proprietors present, or
represented in writing at any meeting, of which meeting, public

1836. Chap. 259—260. 709

notice in one or more daily newspapers published in said city of
Boston, shall be given seven days at least previously thereto.

Sect. 4. Each share in the said corporation shall entitle the pro- Right of voting,
prielor to one vote : provided, however, no propiietor shall be en-
titled to more votes than one fourth of the whole number of shares.

Sect. 5. Nothing herein contained shall be construed to au- Existing rigiits
thorize said corporation to obstructor encroach upon the channel, pfeserved.
or in any way to infringe or interfere with the rights of the Com-
monwealth in any flats in the harbor of Boston, or with the legal
rights of any other person or persons. [April 16, 1836.] Add.
act, 1837 ch. 70.

An Act to incorporate the Dorchester Whaling Company. ChnU^GO

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

Sect. 1 . Elisha Preston, Josiah Stickney, Charles O. Whit- Persons incor-
more, their associates and successors, are hereby made a corpo- P*""^^'*
ration, by the name of the Dorchester Whaling Company, for the
purpose of carrying on the whale fishery and manufacturing oil,
and, for this purpose, shall have all the powers and privileges. Powers and du-
and be subject to all the duties, restrictions and liabilities set "^'^'"
forth in the forty-fourth chapter of the Revised Statutes, passed R-S.ch. 44.
on the fourth day of November, in the year one thousand eight
hundred and thirty-five.

Sect. 2. Said corporation may hold such real estate, in the Real and per-
town of Dorchester, not exceeding fifty thousand dollars in value, s°"^' estate.
and such personal estate, not exceeding three hundred thousand
dollars, as may be necessary and convenient for carrying on tlie
business aforesaid.

Sect. 3. The private property of the stockholders, for the Private proper-
time being, and of those who shall be stockholders at the time e^s°hoW°en. '°
when any debt shall be contracted, shall he holden for the pay-
ment of such debt, and may be taken therefor on any execution
issued against the corporation for such debt, in the same manner
as on executions issued against them for their individual debts.

Sect. 4. Any stockholder, who shall pay any debt of the Remedy of
corporation, for which he is made liable by this act, shall have the stockholders,
same remedies for the recovery of the amount so paid, or any
portion thereof, as are provided in the thirty-second section of the
thirty-eighth chapter of said Revised Statutes.

Sect. 5. The provisions of the thirty-eighth chapter of the
Revised Statutes aforesaid, with the exception of the thirty-sec-
ond section thereof, shall not be applicable to the corporation
hereby created.

Sect. 6. Every certificate of shares in said company, which Certificate of
shall be issued by the clerk of said corporation, shall contain, si'ares.
printed on the back thereof, a copy of the provisions of the third
section of this act. [April 16, 1836.]

710

1836.

■Chap. 261—262.

Persons incor.
porated.

CAttw261. A^n Act to incorporate the Trustees of the Episcopal Divinity School in Massachu-

BE it enacted by the Senate and House of Representatives,
in Geiieral Court assembled, and by the authority of the same,
as follows :

Sect. 1. Alexander Viets Griswold, Jonathan M. Wain-
wright, Theodore Edson, Edward Tuckernian, and Simon
Greenleaf, with their associates, to be chosen as herein after pro-
vided, are hereby constituted a corporation, by the name of the
Trustees of the Episcopal Divinity School in Massachusetts, for
the purpose of educating young men of competent talents, pure
morals and piety, for the christian ministry, in such tnanner as the
trustees for the time being, shall direct, with power to take and
hold any estate, real or personal, exclusively for the purpose
aforesaid : provided, the annual income thereof shall never ex-
ceed the sum of fifteen thousand dollars.

Sect. 2. The board of said trustees, when completed, shall
consist of twelve persons, six of whom shall be clergymen, and
six laymen, and a majority of the existing trustees shall be neces-
sary to constitute a quorum for the transaction of any business,
except to adjourn.

Sect. 3. Any two of the persons named as trustees in this
act may appoint the time and place of the first meeting of the cor-
poration, by giving notice thereof to their associates two days
previous thereto, at which meeting, after the organization thereof,
the vacancies in the board of trustees shall be filled by written
ballots, so that the same shall consist of twelve trustees, as afore-
said, and no other business shall be transacted until the persons
so elected shall have had due notice of their election. Every future
vacancy in the board shall be filled as soon as may be, by the
written ballots of a majority of the existing trustees, at a meeting
duly called for the purpose, and all meetings, after the first, until
the trustees shall otherwise order, shall be called by written notice,
issued by the senior member thereof, to each trustee, ten days at
least before the meeting ; and no trustee shall receive out of the
funds of said institution any pay or emolument for his personal
services or expenses as trustee.

Sect. 4. The said corporation shall have all the powers and
privileges, and be su!)ject to all the duties, restrictions and liabil-
ities, contained in the forty-fourth chapter of the Revised Statutes,
passed on the fourth day of November, in the year one thou-
sand eight hundred and thirty-five. [^Jlpril 16, 1836.]

Real and per-
sonal estate.

Trustees.

First meeting
&c.

Vacancies in the
board of trus-
tees, how filled.

Powers and du-
ties.

11. S. ch.44.

r^//^T>262 •'^" ^^'^ '° change the name of the Washington Fire and Marine Insurance Company^

1823 ch. 85. BE it enacted by the Senate and House of Representatives,

in General Court assembled, and by the authority of the same,
as follows :

Name changed. The corporation now known by the name of the Washington
Fire and Marine Insurance Company, shall .be allowed to take
the name of the Washington Insurance Company. [^pril 16,
1836.]

1836. Chap. 264. 711

An Act in addition to an " act to incorporate the Fall River Mill-road, Rail-road and (7/10/? 264.
Ferry Company." -*

BE it enacted by the Senate and House of Representatives, 33 eh. 95.
in General Court assembled, and by the authority of the same,
as follows :

Sect. 1, The Fall River Mill-road, Rail-road and Ferry Entry upon
Company are hereby authorized to enter, with their rail-road, p°o|°dence
upon the Boston and Providence Rail-road, at or near In- Rail-road,
dia point bridge, in the town of Seekonk, as is provided j ^^ ^
by the twelfth section of the act establishing the Boston and
Providence Rail-road Corporation, paying a reasonable com-
pensation therefor : provided, hoicever, that the corporation cre-
ated by the act to which this is an addition, shall enter the said
Boston and Providence rail-road, by such proper turn-outs or
switches as will not unreasonably incommode the travel upon the
Boston and Providence rail-road, and shall leave them in such a
state as not to interfere with the free use of said road, and shall
pay all expenses incident to and in consequence of any altera-
tions necessary in said Boston and Providence rail-road, to ena-
ble them to enter upon it in a proper manner.

Sect. 2. Four fifth parts of that portion of the rail-road con- Portion of road
structed by virtue of the act to which this act is an addition, ^f^J?fssac"hu^
which lies between the point where the said rail-road crosses the scus.
easterly ravine which enters into Vial's creek in Seekonk, and
the point where it enters upon tiie Boston and Providence rail-
road, shall, for all the purposes specified in the act to which
this is an addition, be deemed to be in the state of Massachu-
setts.

Sect. 3. The said corporation may expend such sums of P'"ovisions m
money as shall be found expedient and necessary in constructing, Rhode island
completing and maintaining, in good repair, said rail-road, through part of the road,
that portion of the course thereof, that is included within the
bounds of the state of Rhode Island and Providence Planta-
tations : provided, that the same be done without any contraven-
tion of the laws of said state ; and provided, also, that said cor-
poration shall charge the same per mile for tolls and transporta-
tion, on that part of their road situated in the State of Rhode
Island and Providence Plantations, as is charged on that part of
their road situated in this state.

Sect. 4. The said company, in regard to the right of the ^"^'J^.Xse''
Commonwealth to purchase said rail-road, and all the franchises rail-road,
of said company, shall be subject to the provisions of the eighty-
fourth section of the thirty-ninth chapter of the Revised Stat-
utes, passed on the fourth day of November, in the year one
thousand eight hundred and thirty-five, any thing contained in the
eighteenth section of their act of incorporation to the contra-
ry notwithstanding. [April IG, 1836.] Add. act, 1837 ch.
96.

712

1836.-

-Chap. 265.

Chap 265.

Persons incor-
porated.

Powers and
duties.
R.S.ch. 44.

Location and
construction of
mill-dam, &c.

Lock for Mid-
dlesex canal.

Public high-
way over mil
dam.

Capital stock
and shares.

An Act to incorporate the Middlesex Mill-Dam Company in Charlestown.

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

8ect. 1. Henry Jaqiies, Abijah Goodridge, and Thomas
Hooper, their associates and successors, are hereby made a
corporation, by the name of the Middlesex Mill-Dam Compa-
ny, with all the powers and privileges, and subject to all the du-
ties, liabilities and provisions contained in the forty-fourth chapter
of the Revised Statutes, passed on the fourth day of November,
in the year one thousand eight hundred and thirty-five.

Sect. 2. The said company are hereby authorized and em-
powered to locate, construct, and complete a mill-dam, from the
upland, at or near the turpentine works, so called, in Cliarles-
town, across the bay and flats, southwesterly of the present
wharf of the state prison, to the upland, on the northerly side of
Miller's creek, at or near the estate of the McLean asylum ;
which dam shall not be less than forty feet wide, nor more than
sixty feet wide on the top, and may be so constructed, as that
said company may erect mills and factories at the sides thereof.
The said company are hereby also authorized to construct and
maintain wharves, race-ways, sluice-ways, buildings, locks, gates,
machinery, and all other things necessary or proper for mills and
factories at said dam ; and shall build and complete in said dam a
lock sufficient for the accommodation of the Middlesex canal,
and a sluice-way, not less than twenty feet wide, for the passage
of rafts; and may make any arrangements, they may deem
needful, with the proprietors of said canal, concerning the build-
ing and completion of said dam and lock, and the management
of said lock, and concerning the property owned by said pro-
prietors, and lying northerly of said proposed dam. And said
company shall have the right to demand and receive wharfage
and dockage from all vessels lying at said dam, or at any wharf
of said company ; and may sell and convey, or lease the right to
use any of the water inclosed by their said dam, and also any
mill-sites, lands, or other property of said company, on such
terms as they may deesn expedient. And whenever the county
of Middlesex, or the town of Charlestown, with the consent of
said company, shall accept a road passing over said dam, and as-
sume the charge of keeping it in repair, the same shall be open-
ed and used for all the usual purposes of a public highway forev-
er, free from toll. And the said company may make any ar-
rangements for laying on and over said dam the track or tracks of
any rail-road corporation, upon such terms as the directors of the
company hereby established, and of said rail-road corporation
shall agree.

Sect. 3. The capital stock of said Middlesex Mill-Dam
Company shall consist of not less than three hundred, nor more
than six hundred shares, the number of which shall be determin-
ed, from time to time, by said company, or by the directors
thereof ; and no assessments shall be laid thereon of a greater

1836. Chap. 265—266. 713

amount in the whole than five hundred dollars on each share.

And the capital stock of said company shall be three hundred

shares, until that number shall be increased in the manner herein

before provided. x\nd if the said shares shall not have been sub- f^^^^°'^^ **^

scribed for, and the corporation organized before the first day of

January, in the year one thousand eight hundred and thirty-seven,

or if said company shall not complete said dam, of the width of at

least forty feet on the top thereof, on or before the first day of

January, in the year one thousand eight hundred and forty, this

act shall be void.

Sect. 4. His excellency the governor, by and with the ad- Executive may
vice and consent of the council, is hereby authorized to sell, ex- flats to the
change, or otherwise dispose of, to the said company, such part company, &c.
of the land and flats of the Commonwealth, lying without the
walls and fences of the state prison, for the location and comple-
tion of said darn, in such manner and upon such terms as they
may deem for the interest of the Commonwealth, — and also
make such arrangements with said company concerning the build-
ing of said dam, and the filling up of the flats, as shall be con-
sidered just and expedient. And said dam shall not be made
until his excellency the governor, by and with the advice and
consent of the council, shall have approved of the location and
proposed mode of building of so much thereof, as shall be con-
structed over the land and flats of the Commonwealth near the
state prison, nor until the company hereby established, shall
have purchased of the proprietors of the Middlesex canal, their
interest in the mills and mill-pond lying northerly of the propos-
ed dam.

Sect. 5. The said company shall pay all damages which ^^^"^g®^-
any corporation, person or persons, shall sustain by the building
of said dam, or by the exercise of any of the rights and powers
herein granted to said company, — which damages shall be recov-
ered in the manner provided in the twenty-fourth and thirty-ninth
chapters of the said Revised Statutes, for the recovery of dam- R.S.ch. 24.39.
ages for laying out highways and rail-roads ; provided, that no
application for damages shall be instituted against said company,
unless made to the county commissioners of the county of Mid-
dlesex, within one year from the time when the same shall have
happened. [April 16, 1836.]

An Act to incorporate the Fulton Iron Foundry Company. C/llCip/ioOt

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

Sect. 1. George C. Thacher, Thomas Thacher, William Persons incor-
G. Billings, their associates and successors, are hereby made a P°'^^ ®
manufacturing corporation, by the name of the Fulton Iron
Foundry Company, for the purpose of manufacturing iron and
steel, in the city of Boston, in the county of SuiFolk, and for
this purpose shall have all the powers and privileges, and be sub- t^gs"^®*"^ ^'^^ *^""

VOL. VII. 90

714 1836. Chap. 266—267.

R.S.ch. 38.44. J6ct to all the duties, restrictions and liabilities set forth in the
thirty-eighth and forty-fourth chapters of the Revised Statutes,
passed on the fourth day of November, in the year one thousand
eight hundred and thirty-five.
Real estate and Sect. 2. The said Corporation may hold, for the purposes
capita stoc . aforesaid, real estate to the amount of one hundred thousand dol-
lars, and the whole capital stock of said corporation shall not
exceed the amount of two hundred thousand dollars, [t^pril 16,
1836.]

^A/»«267. ^^ ^^^ to incorporate the New Bedford and Fall River Rail-road Company.

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

Persons incor- Sect. 1. Andrew Robeson, Harvey Chace and Charles W.

pora e . Morgan, their associates and successors, are hereby made a cor-

poration, by the name of the "New Bedford and Fall River

Powers and Rail-road Company," with all the powers and privileges, and
subject to all the duties, liabilities and provisions, contained in

R, S. ch. 39. 44. that part of the thirty-ninth chapter of the Revised Statutes,
passed November the fourth, in the year one thousand eight hun-
dred and thirty-five, which relates to rail-road corporations, and
in the forty-fourth chapter of said Revised Statutes ; and said
corporation is hereby authorized and empowered to construct
and complete a rail-road from the eastern shore of Taunton Great
River, at Robeson's wharf, in the town of Fall River, to County
street, near the dwelling-house of John Avery Parker, in the
town of New Bedford, through all that portion of the course of
said rail-road that is included within the bounds and jurisdiction
of this Commonwealth. And the course and direction of said

Route of rail- rail-road shall be as follows : beginning at station number one,

road. Q^ Igpj Qf Andrew Robeson, in said Fall River, and thence

proceeding south, sixty-eight degrees east, two hundred and
eighty-four rods, to station number two ; thence proceeding in a
course to the right, with a radius of six thousand feet, one hun-
dred and twelve rods, to station number three ; thence south,
forty-six and one quarter degrees east, one hundred and eighty-
four rods, to station number four ; thence on a curve to the right,
with a radius of six thousand feet, eighty-four rods, to station
number five ; thence south, thirty-two and a quarter degrees east,
one hundred and sixty rods, to station number six ; thence on a
curve to the left, with a radius of three thousand feet, sixty-eight
rods, over the Narrows, so called, to station number seven ;
thence south, sixty-four and three fourths degrees east, one hun-
dred and sixty-four rods, to station number eight ; thence on a
curve to the right, with a radius of twelve thousand feet, thirty-
six rods, to station number nine ; thence south, fifty-three de-
grees and a half east, nine hundred eighty-three rods and six
tenths, to station number ten ; thence on a curve to the left, with
a radius of six thousand feet, one hundred and seventy-four rods
and eight tenths, to station number eleven ; thence north, eighty-

1836. Chap. 267. 715

eight degrees east, twelve hundred and fifty-two rods and eight
tenths, to station number twelve ; thence on a curve to the right,
with a radius of six thousand feet, two hundred and forty-four
rods, to station number thirteen ; thence south, thirty-five de-
grees and a half east, two hundred and twenty rods, to station
number fourteen ; thence on a curve to the left, with a radius of
three thousand feet, fifty-seven rods and six tenths to station
number fifteen ; thence south, sixty-five degrees east, one hun-
dred and seventy-six rods, to station number sixteen ; thence on
a curve to the right, with a radius of three thousand feet, forty
rods, to station number seventeen ; thence south, thirty-eight
degrees east, sixty-eight rods, to station number eighteen ; thence
on a curve to the right, with a radius of six thousand feet, ten
rods, to station number nineteen ; and thence south, twenty-six
degrees east, sixty-nine rods and two tenths of a rod, to station
number twenty, in the line of the westerly side of County street,
in the town of New Bedford.

Sect. 2. The capital stock of said corporation shall consist ^*P''*' ^^°'^^
of not less than two thousand, nor more than three thousand *"
shares, of one hundred dollars each ; and said corporation may
purchase and hold such real estate as may be necessary for de-
pots, and other purposes connected with the use of said road.

Sect. 3. Said corporation shall be bound to make, and for- Fences, &c.
ever maintain, legal and sufficient fences on each side of said rail-
road ; and in case it shall neglect so to do, it shall be liable to
the owners of the adjoining lands, for all damages arising from
such neglect, in an action of debt, to be brought in any court
proper to try the same.

Sect. 4. At the expiration of five years from and after the Legislature
, • r- • 1 -1 1 I I • 1 r .• . may alter tolls.

completion or said rail-road, the legislature may, trom time to

time, alter or reduce the rate of tolls, and other profits, upon said
road, but the said tolls shall not, without the consent of the cor-
poration, be so reduced as to produce, with said profits, less
than ten per cent, per annum.

Sect. 5. The Commonwealth may authorize any company Entry of other
to enter with another rail-road, at any point of this rail-road, pay- '■^' ''"''* ^•
ing for the right to use the same, or any part thereof, such rate
of toll as the legislature may, from time to time, prescribe, and
complying with such rules and regulations as may be established
by the corporation hereby created.

Sect. 6. The directors of said corporation, for the time be- Toll-houses,
ing, are hereby authorized to erect toll-houses, establish gates,
appoint toll-gatherers, and demand toll upon said rail-road, when
completed, and upon such parts thereof as shall, from time to
time, be completed.

Sect. 7. If the said company shall not have been organized. Conditions of
the location of the route filed according to law, and two thousand ' '* ^'^^'
shares of the capital stock subscribed before the first day of Sep-
tember, in the year one thousand eight hundred and thirty-seven ;
or if the said corporation shall fail to complete said rail-road,
from the place of its termination at County street, in the said

716

1836.-

Chap. 267—269.

Provisions re-
specting (he
Rhode Island
part of the road.

Chap26Q,

Persons incor-
porated.

Powers and du-
ties.

R. S. ch. 36.

Transfer of
stock.

Capital stock.

Residence of
directors.

Chap269.

Persons incor-
porated.

Powers and du.
ties.

town of New Bedford, to the place of its termination, at or near
the dam of the Wattui)pa Reservoir Company, in said town of
Fall River, on or before the thirty-first day of December, in the
year one thousand eight hundred and forty, then this act shall be
void.

Sect. 8. The said corporation may expend such sums of
money as shall be found expedient and necessary in constructing,
completing and maintaining in good repair said rail-road, through
that portion of the course thereof that is included within the
bounds of the state of Rhode Island and Providence Plantations ;
provided, that the same be done without any contravention of the
laws of said state : and provided, aho, that said corporation shall
charge the same per mile, for tolls and transportation, on that part
of their road situated in the stale of Rhode Island and Providence
Plantations, as is charged on that part of their road situated in
this state, [^pril 16, 1836. J

An Act Id establish the Lafayette Bank.

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

Sect. 1. George Page, Josiah Dunham, Jr., and George
Savage, their associates and successors, are hereby created a
corporation, by the name of the President, Directors and Com-
pany of the Lafayette Bank, to be located in that part of the
city of Boston, called South Boston, and shall so continue until
the first day of October, in the year one thousand eight hundred
• and fifty-one ; and shall be entitled to all the privileges and pow-
ers, and subject to all the duties, liabilities and requirements,
contained in the thirty-sixth chapter of the Revised Statutes,
passed the fourth day of November, in the year one thousand
eight hundred and thirty-five.

Sect. 2. The slock in said bank shall be transferable only
at its banking house and in its books.

Sect. 3. The capital stock of said corporation shall consist
of one hundred and fifty thousand dollars, to be divided into
shares of one hundred dollars each, to be paid, in such instal-
ments, and at such times, as the stockholders may direct : pro-
vided, the whole be paid in, on or before the first day of Jan-
uary next.

Sect. 4. Two thirds of the directors shall be residents of
that part of Boston called South Boston. [Jlpril 16, 1836.]

An Act to establish the Seekonk Branch Rail-road Company.

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

Sect. 1. Timothy P. Ide, Tristam Burgess and John W.
Richmond, their associates and successors, are hereby made a
corporation, by the name of the Seekonk' Branch Rail-road
Company, with all the powers and privileges, and subject to all
the duties, liabilities and provisions, contained in that part of the

1836. Chap. 269. 717

thirty-ninth chapter of [the] Revised Statutes, passed on the fourth R. S. ch.39. 44.
day of November, in the year one thousand eight hundred and
thirty-five, which relates to rail-road corporations, and in the
forty-fourth chapter of said Revised Statutes. And said corpo-
ration is hereby authorized and empowered to locate, construct
and finally complete a rail-road, beginning at or near Old Wharf
Point, so called, on the Seekonk river in Seekonk, and running
northeasterly across Rocky Point to some convenient point on
the Boston and Providence Rail-road, near its termination at the
rail-road bridge, a distance of about two thousand feet.

Sect. 2. The capital stock of the corporation hereby ere- Capital stock,
ated shall consist of one thousand shares ; and no assessment
shall be laid thereon, of a greater amount in the whole than fifty
dollars on each share ; and said corporation may purchase and Real estate,
hold, in the name of the corporation, such lands, and real estate,
for depots, buildings and other erections, stich materials and
other things, as may be necessary in building, maintaining or using
said road.

Sect. 3. If the said one thousand shares shall not have been Conditions of
subscribed for, and the corporation organized, before the first day ''^'^ ^"^*-
of October, in the year one thousand eight hundred and thirty- [Time extend-
six, or if the location of said rail-road, or at least that part thereof, j^^-, '
which extends from Rocky point to its entrance with said Bos-
ton and Providence Rail-road, shall not be filed according to law,
or if said company shall fail to complete the said lail-road on or
before the first day of September, in the year one thousand eight
hundred and thirty-seven, then this act shall be void.

Sect. 4. The Legislature may, after the expiration of four Legislature may
years from the time when this rail-road shall be opened for use, ^^^'^° ^•
from time to time, alter, equalize or reduce the rate of tolls and
other profits upon said rail-road ; but the said tolls shall not,
without the consent of said corporation, be so reduced as to pro-
duce, with said profits, less than ten per cent, per annum.

Sect. 5. The said corpoiation are hereby authorized to en- Entry upon the
ter with their said branch rail-road, on that part of the Boston p°ovkience
and Providence Rail-road designated in the first section of this Rail-road.
act, and use the same, or any part thereof, paying therefor such
a rate of toll as the legislature may, from time to time, prescribe :
complying with such rules and regulations as may be established
by the Boston and Providence Rail-road Corporation, by virtue
of the fifth section of their act of incorporation. But the corpo-
ration hereby created shall enter the said Boston and Providence
Rail-road by such proper turn-outs or switches, as will not unrea-
sonably incommode the travel upon the said Boston and Provi-
dence Rail-road, and shall keep them in such a state as not to in-
terfere with the free and safe use of said road, and shall pay all
expenses incident to, and in consequence of, any alterations ne-
cessary in the said Boston and Providence Rail-road, to enable
them to enter upon it in a proper manner.

Sect. 6. The Fall River Mill-road, Rail-road and Ferry 1^^^-^^™
Company are hereby authorized to enter with another rail-road at road, &c.' "

718 1836. Chap. 269—270.

any point of said Seekonk Branch Rail-road, to use the same,
or any part thereof, free of toll, complying with such rules and
regulations as may be established by the directors of said See-
konk Branch Rail-road. And the legislature may authorize any
other company to enter said branch, paying such rate of toll as they
may, from time to time, prescribe, and complying with said rules
and regulations.
First meeting. Sect. 7. Any two of the persons natned in this act may call
the first meeting of this corporation, by giving notice of the time
and place thereof, at least ten days before the day of holding said
meeting, and such notice shall be given by publishing the same
twice in a semi-weekly, or foui' limes in a daily paper, in Boston
and Providence.
Certain persons Sect. 8. The franchise, rights and property of this corpo-
exciuded from ration shall never be directed, controlled or owned by the same
the"s'to^'k of this persons, who, for the time being, direct, control or own the
corporation. southern termination of the Boston and Providence Rail-road, in
the state of Rhode Island, or any part thereof, or of the wharves,
docks and depot thereof ; and any conveyance of any share, right
or claim, in or to the stocks, estate, rights or privileges of the
corporation hereby established, made to any person or persons,
holding any share, right or claim, in or to the stock, estate, rights
or privileges of the said southern termination of said Boston and
Providence Rail-road, in the state of Rhode Island, shall be null
and void, [^pril 16, 1836.] Add. act, 1837 ch. 173.

f^hrm 970 ■^" ^^^ '° establish tlie Wiiiihrop Bank.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
as follows :
Persons incor- Sect. 1. Edward W. Bradley, .Tohn Heath and William
poraied. Bacon, and their associates and successors, are hereby created a

corporation, by the name of the President, Directors and Com-
pany of the Winthrop Bank, to be established in Roxbury, in the
county of Norfolk, and shall so continue until the first day of Oc-
tober, in the year one thousand eight hundred and fifty-one, and
Powers and shall be entitled to all the powers and privileges, and be subject to
duties. all the duties, liabilities and requirements, contained in the thirty-

R. S.ch. 36. sixth chapter of the Revised Statutes, passed on the fourth
of November, in die year one thousand eight hundred and thirty-
five.
Transfer of Sect. 2. The stock in said bank shall be transferable only

^^^^^- at its banking house and in its books.

Capital stock. Sect. 3. The Capital stock of said corporation shall consist
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 may direct : provided, the
whole be paid in. on or before the first day of January next.
lApril 16, 1836.']

1836. Chap. 271—272. 719

An Act to incorporate the Proprietors of Swetl's Wiiarf, in Charlestown. CkaV^-l 1 .

BE it enacted by the Senate and House of Representatives, ^

in General Court assembled, and by the authority of the some,
as follows :

Sect. 1. Samuel Svvett, William B. Swett, and Tasker Persons incor-
H. Swett, their associates and successors, are hereby made a poraied.
corporation, by the name of the Proprietors of Swett's Wharf,
with power to purchase and hold, in fee simple or otherwise, all Real estate.
or any part of that real estate situated on Water street, in Charles-
town, and known by the name of Swett's Wharf, bounded north-
westerly on Water street, northeasterly by the land and wharf
known as Harris' Wharf, southeasterly on the channel of Charles
river, and southwesterly by the land of Benjamin Brintnal,
with all the privileges and appurtenances to the said premises
belonging ; and the said corporation, within the limits aforesaid,
may construct docks and wharves, erect warehouses and buildings,
and improve and manage the said propeity as to them ma^ seem
expedient ; provided, however, that nothing herein contained,
shall authorize the said corporation to infringe upon the legal
rights of any person.

Sect. 2. The said corporation shall, at their first legal meeting. Number of
agree upon and fix the number of shares, not exceeding two bun- shares and
dred, into which their stock shall be divided, which shares shall be assessments,
transferable in a book to be kept by the clerk of the corporation
for that purpose ; the corporation may, from time to time, assess
on the stockholders such sums of money, not exceeding, in the
whole, two hundred thousand dollars, as maybe necessary for the
purchase, improvement and management of their said estates, and
shall have all the powers and privileges, and be subject to all the Powers and
liabilities and duties expressed and contained in the forty-fourth
chapter of the Revised Statutes, passed on the fourth day of R. s. ch. 44.
November, in the year one thousand eight hundred and thirty-
five, l^pril 16, 1836.]

An Act to incorporate the Boston Hydrauhc Company. Cyhcip'2'T2-,

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

Sect. 1. William Sullivan, Daniel P. Parker, Caleb Eddy, Persons incor-

, . . , III • porated.

then' associates and successors, are hereby made a coiporation, "^

by the name of the Boston Hydraulic Company, with all tiie Powers and du-

powers and privileges, and subject to all the duties, liabilities

and provisions, contained in the forty-fourth chapter of the Re- ^ s. ch. 44.

vised Statutes, passed on the fourth day of November, one

thousand eight hundred and thirty-five.

Sect. 2. The capital stock of said company shall consist of Capital stock,
one thousand shares, and no assessments shall be laid thereon of
a greater amount, in the whole, than one thousand dollars on
each share.

Sect. 3. The said corporation may purchase, take, and Real estate.
hold, in fee simple, or for any less estate, any lands necessary for
the objects of this act, and for the convenient management of

720 1836. Chap. 272.

the concerns of said company, not exceeding in value the sum of
two hundred thousand dollars ; and may take any ponds, or lands
covered with water, situate northwardly of Charles river, and
within twelve miles of the city of Boston, for the purpose of
conducting water therefrom, through the town of Charlestown,
in the county of Middlesex, and into and through the city of
Boston ; and to this end, may take and hold any lands necessary
for laying aqueducts, forming reservoirs, and any flats flowed by
tide waters, which may be required to carry the objects of this
act into effect ; and may erect such wharves, and other build-
ings, as such corporation may find expedient, and establish such
steam engines, and other machinery, as may be necessary for the
Damages for purposes aforesaid. And if the proprietors of lands, which said
lands taken. corporation may take, at or near ponds, or elsewhere, for the
purpose of laying pipes or conductors of water, constructing
reservoirs, wharves, or other buildings, or for the protection of
the ponds whence water is to be taken or drawn by said company,
do not agree with said company on the price to be paid therefor,
any such proprietor may have the damages assessed in the same
R. S. ch. 116. manner as is provided in the one hundred and sixteenth chapter
of the Revised Statutes, passed on the fourth day of November,
in the year one thousand eight hundred and thirty-five, and the
said corporation, in all cases where it does not acquire title to
any land by voluntary conveyance, shall cause a certificate, de-
scribing the land so taken, to be signed by the president of said
company, and recorded in the registry of deeds of the county in
which the land lies.
Erection of Sect. 4. The Said corporation may erect dams at the outlets

ams, &c. Q^ gj^y ponds, which said corporation may take, pursuant to the
provisions of this act ; and if any person shall thereby be deprived
of water, which has been accustomed to flow through or over his
land, or if any land of any person shall be flowed, by means of
raising the water by such dams, the party so injured may recover
reasonable damages therefor, in the manner provided by the pre-
ceding section.
Laying of Sect. 5. The said corporation is hereby authorized and em-

pipes, &c. powered to lay its pij)es or aqueducts, under or over any rail-
road, canal, highway or street : provided, always, that the same
be done in such manner as not to obstruct or impede the passing
thereon ; and said corporation may lay its pipes and aqueducts
under or near Warren bridge, now erected across Charles river,
from the town of Charlestown to the city of Boston, through the
whole length of said bridge and its abutments : provided, always,
that the same be so done as not to impede or obstruct the con-
venient passing on said bridge ; and provided, also, that in laying
said pipes and aqueducts, or in the use or repair thereof, from
time to time, no damage or injury shall be done to said bridge ;
and provided, further, that the pipes or aqueducts be so laid in
Charles river, as not to obstruct or impede the free passage of
any vessel thereon.

Sect. 6. The said corporation, in laying its pipes or aque-

1836. Chap. 272. 721

ducts through the highways and streets of the town of Charles- Laying of
town, and in the city of Boston, and in repairing such pipes and P'P^^, &.c.
aqueducts, from time to time, shall not unnecessarily obstruct
such highways and streets ; and in every case of the removal of
any earth or pavement in any such highway or street, the said
corporation shall cause the earth to be replaced, and the pave-
ment to be laid anew, so that such highway or street shall be in
as good condition as the same were in before such removal.

Sect. 7. In the laying and construction of the pipes or Provisions re-
aqueducts which may be laid in the town of Charlestown, and in ofThe waie^r for
the city of Boston, the same shall be so laid and constructed that the exiin^uish-
water can be drawn therefrom for the extinguishment of fires, ""^"^^
and to be used by the persons thereto authorized by the town of
Charlestown, and by the city of Boston, respectively, and free
access to the water in such pipes and aqueducts shall be had,
whenever the same shall be laid within the city of Boston, and
within that part of the town of Charlestown lying within or east-
wardly of the Neck, so called ; and the said town and city shall
have the right, at their own cost respectively, to place fire-plugs,
and all proper and necessary fixtures therefor, upon any pipes or
aqueducts of said corporation, and at as many different places in
the several highways and streets, as the selectmen of the said
town, and the mayor and aldermen of the said city, shall deem
needful, for the purpose of drawing water for the extinguishment
of any fires which may happen in said town or city : provided,
that the said fire-plugs and fixtures shall not be used for the pur-
pose of drawing water from said pipes for any other use than for
the extinguishment of fires ; and shall be so constructed as to
prevent the water in the pipes from running to waste ; and the
said corpoiation shall not demand or receive any compensation
for water taken for the extinguishment of fires as aforesaid.

Sect. 8. If any person shall wilfully and maliciously defile. Penalty for ma-
corrupt or make impure, any pond or ponds, used by said cor- ''oous injuries,
poration as aforesaid, or destroy or injure any dam, pipe, aque-
duct, machinery, or other property of said corporation, such per-
son, and all who shall aid or abet in such trespass, shall forfeit to
the use of the said company, for every such offence, treble the
amount of damages which shall appear on the trial to have been
sustained thereby, and may further be punished by a fine not ex-
ceeding one thousand dollars, or may be imprisoned for a term
not exceeding one year.

Sect. 9. The said corporation is hereby empowered to sell Priviiepof
the privilege of using the water which may be conducted from "^'°^ ewaer.
the ponds as aforesaid, to any corporation, person or persons ;
said contracts to continue for no longer teini than three years :
provided, that no compensation shall be taken for the use thereof
for the extinguishment of fires as aforesaid ; and the said corpo-
ration may make all reasonable rules and regulations, as to the
manner, and the times, in which said water may be taken and
used.

VOL. vii. 91

722

1836..

-Chap. 272— 274.

Appropriation
of pouds; &c.

Record of pro-
ceedings, &c.

Boston may
subscribe for
stock, or pur-
chase the fran-
chise of the cor-
poration.

Conditions of
this act.

Assent of Bos-
ton.

C/iap274.

Persons incor-
porated.

Powers and

duties.

R, S. ch.36.

Sect. 10. Whenever the said corporation shall have appro-
priated any pond or ponds, or any lands, which it may deem
necessary and proper for carrying the purposes of this act into
effect, no other corporation, person or persons, shall enter upon
such pond or ponds, or land, for the purpose of conducting the
waters in such pond or ponds, or any streams connected there-
with, into the city of Boston or town of Charlestovvn ; nor draw
the same out of said pond or ponds for any purpose whatsoever ;
but such waters shall be, and remain to and ior the use of said
corporation, so long as said corporation shall supply the town of
Charlestown and the city of Boston with water from said ponds,
according to the true intent and meaning of this act.

Sect. 1 1. The said corporation shall cause a true and faith-
ful record of its proceedings, and just and accurate accounts, to
be kept, which books and accounts shall be subject, at all times,
to the inspection of any committee appointed by the general
court, or by a committee appointed by the city council of Bos-
ton ; and all officers and agents of said corporation shall be liable
to examination on oath by either of said committees.

Sect. 12. The city of Boston shall have the right to sub-
scribe (in common with others) for one third part of the shares
in said corporation, or any less proportion thereof; and the said
city may, at any time, purchase of the said coiporation their
franchise, and all their personal and real properly, by paying
therefor such a sum, as, together with their receipts, will reim-
burse the whole amount expended, with an annual interest often
per cent., and from and after the execution and delivery of the
conveyance and transfer aforesaid, the said city of Boston shall
have all the rights, and be subject to all the duties in this act ex-
pressed, as to said corporation ; and especially as to continuing
the supply of water to the town of Charlestown.

Sect. 13. If the said corporation shall not have begun to
carry this act into effect, by actually laying pipes and aqueducts,
within three years from the passing of this act ; or if the whole
of the works necessary to bring water into the city of Boston,
shall not have been completed, and put to that use, within six
years after the passing of this act, then, and in either of said
cases, this act shall be void.

Sect. 14. This act shall be void, unless the city council of
the city of Boston shall, within four months after the passage
thereof, declare by vote their assent thereto ; and, if such assent
be obtained, this act, and an attested copy of the record of such
assent, shall be recorded in the registry of deeds for the county
of Suffolk, [.ipril 16, 1830.]

An Act to establish the Chelsea Bank.

BE it enacted by the Senate and House of Representatives, in General Court assein-
bled, and by the authority of the same, asfoltmrs :

Sect. 1. Henry H.W. Sigourney, Charles H. Stedman and Charles Hubbard,
their associates and successors, are hereby made a corpijralion, by the name of the
President, Directors and Company of the Chelsea Bank, lo be established in Chelsea,
and shall so continue until the first day of October, in the year one thousand eight hun-
dred ctnd fifty-one ; and shall be entitled lo all the powers and privileges, and subject to
all the duties, liabilities and requirements, contained in the thirty-sixth chapter of the Re-

1836. Chap. 274—275. 723

vised Statutes, passed on the fourth day of November, in the year one thousand eight

hundred and thirty-five. m r r

Sect. 2. The stock in said banic shall be transferable only at its banking house and Transfer of
in its books stock.

Sect. 3. The capital stock of said corporation shall consist of one hundred thou- Capital stock,
sand dollars, to be divided into shares of one hundred dollars each, to be paid, in such
instalments, and at such limes, as the stockholders may direct : provided, the whole be
paid in, on or before the first day of January next. [April 16, 1836.] Repealed,
1837 ch 225.

An Act relating to certain Courts in the County of Middlesex. Chcip'2>T5*

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

Sect. 1. The term of the Supreme Judicial Court, which is Terms of the
now by law to be holden at Concord, within and for the county hereafter holden
of Middlesex, on the second Tuesday of April annually, shall, at Lowell,
on the second Tuesday of April, in the year one thousand eight
hundred and thirty-seven, and each year thereafter, be holden at
Lowell, in said county : and the term of the Court of Common
Pleas, which is now by law to be holden at said Concord, on
the second Monday of September annually, shall, on the second
Monday of September, in the year one thousand eight hundred
and thirty-seven, and each year thereafter, be holden at said
Lowell.

Sect. 2. All writs and processes of whatever nature, civil Return of writs,
or criminal, now pending, or hereafter to be commenced in the *'"
Supreme Judicial Court, or Court of Common Pleas, which are
or may be made returnable at either of the terms aforesaid at Con-
cord, shall be returned to, have day in, and be acted upon, at
the terms of said courts, as by this act established at Lowell.

Sect. 3. This act shall be wholly void and of no effect, un- Conditions of
less the town of Lowell shall, on or before the first day of March ' '* **^''
next, without expense to the county of Middlesex, provide a
suitable court room and other accommodations for said courts
and their officers, and a jail for the safe keeping of prisoners,
the expense of which jail shall not exceed ten thousand dollars,
in said Lowell, to the acceptance of the County Commissioners
for the county of Middlesex, and execute and deliver to them a
sufficient lease or other instrument to secure the use thereof, for
the purposes aforesaid, permanently to the said county. And
the said commissioners shall cause a record of such instrument
to be made by their clerk, and shall, as soon thereafter as may
be, cause a notice of the fact that such provision has been made,
and of its acceptance by them, to be published three weeks suc-
cessively in all the newspapers then printed in the county of
Middlesex, and in one or more of the newspapers in the city of
Boston : and said town is hereby authorized to raise and assess
a sufficient sum for the purpose of providing said accommodations
for said courts and erecting said jail, [^pril 16, 1836.] Add.
act, 1837 ch. 89.

724

1836.-

•Chap. 276—280.

ChapTiQ.

Persons incor-
porated.

Powers and du-
ties.

R. S. ch. 44.

Real estate.

Capital stock,
shares and
assessments.

Chap2^0.

1832 ch. 78.

Increase of cap-
ital stock.

Additional
stock subject
to tax, &.C.

Certificate.

An Act to incorporate the Boston Exchange Company.

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

Sect. 1. Robert G. Shaw, John D. Bates and James K.
Mills, their associates and successors, are hereby made a corpo-
ration, by the name of the Boston Exchange Company ; with all
the powers and privileges, and subject to all the duties, liabilities
and provisions, contained in the forty-fourth chapter of the Re-
vised Statutes, passed on the fourth day of November, in the
year one thousand eight hundred and thirty-five.

Sect, 2. The said corporation may purchase, hold, and pos-
sess such real estate, situate in the city of Boston, as they may
deem needful for an Exchange, and for the accommodation of
merchants and others, not exceeding in the whole fifty thousand
square feet : and may sell, convey, lease, mortgage or otherwise
dispose of the same, or any part thereof, as they shall deem ex-
pedient.

Sect. 3. The capital stock of said Boston Exchange Com-
pany shall consist of not less than six hundred shares, nor more
than one thousand shares, the number of which shall be deter-
mined, from time to time, by said corporation, or by the direc-
tors thereof; and no assessment shall be laid thereon, of a greater
amount in the whole than five hundred dollars on each share, and
the capital stock of said corporation shall be six hundred shares,
until that number shall be increased in the manner aforesaid.
[April 16, 1836.]

An Act to increase the Capital Stock of the Market Bank.

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

Sect. 1. The President, Directors and Company of the
Market Bank are hereby authorized and empowered to increase
their capital stock, by an addition of five hundred 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, the
whole shall be paid in, on or before the first day of October
next.

Sect. 2. The additional stock to be created by virtue of
this act shall be subject to the like tax, regulations, restrictions
and provisions, to which the present capital stock of said corpo-
ration is now subject.

1836. Chap. 281—282. 725

All Act to authorize the Taunton Branch Rail-road Corporation to increase their (7/tWw281.
capital stock. ■'

BE it enacted by the Senate and House of Representatives, ^^^^ '^^- ^^'•
in General Court assembled, and by the authority of the same,
as follows :

The Taunton Branch Rail-road Corporation, are hereby au- increase of

,.,. 1- -i.i. ...J capital stock.

thorized to nicrease then* capital stock to an amount not exceed- ^
ing fifty thousand dollars, by the creation of an additional num-
ber of shares, not exceeding five hundred, of one hundred dol-
lars each ; the said shares to be disposed of in such manner as
the corporation shall determine, and to be assessed as the direc-
tors shall find expedient ; the amount thus raised, to be applied
to the purposes specified in their act of incorporation, [^pril
16, 1836. J Add. act, 1837, ch. 17.

An Act to establish the Hancock Free Hridge. Chctp^S'2.

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

Sect. 1. Francis Bowman, Isaac Livermore, Sidney Wil- Persons incor-
lard, their associates and successors, are hereby made a corpora- po''«*ed.
tion, by the name of the Hancock Free Bridge, for the purpose
of erecting a bridge across Charles River, and for other purposes
herein specified ; and said corporation shall have all the powers Powers and
and privileges, and be subject to all the duties, restrictions and flu"es-
liabilities set forth in the forty-fourth chapter of the Revised R-S. ch.44.
Statutes, passed on the fourth day of November, in the year one
thousand eight hundred and thirty-five.

Sect. 2. The said corporation are hereby authorized to lo- Location and
cate and construct a bridge across Charles River, beginning at a bridffe"'^&°c" "^
point at or near the northwesterly end of Allen street, in the city
of Boston, and extending thence to the opposite shore of said
river in Cambridge, at some convenient point between the West
Boston Bridge and Canal Bridge, together with a suitable road
or way to connect the said Bridge with Allen street aforesaid,
and with the main street or road in said Cambridge, and for that
purpose to take a quantity of land extending the whole length of
the said bridge and ways, and not exceeding sixty feet in width,
except for the erection of piers near the draw, said land to be
used only for the purpose of a bridge and ways as aforesaid ; _ , .

•11-1 I 11 I ' 1 1 /? • 1 -J 1 Draw and piers.

said bridge sliall have a good and sumcient draw, as wide as the
draw of the present Charles River Bridge, which draw shall be
located by commissioners, to be appointed by the governor, with
the advice of the council, at the expense of said corporation ;
and said corporation shall construct a pier wharf near said draw,
on each side of said bridge, for the accommodation of vessels
passing through the same, of such form and dimensions, and ex-
lending in such directions as said commissioners shall direct and
appoint, said draw and wharves to be planked upon the inside
from the top of low water to the top of said draw and wharves,
together with such other facilities and accommodations for the
passage of vessels through said bridge, as said commissioners

726

1836.-

■Chap. 282.

Damages for
unreasonable
delay of ves-

Compensalion
for real estate
taken.

Second section
of this act, how
made void.

shall direct to be made ; said bridge, draw, and wharves shall be
built of good and sufficient materials, the bridge to be not less
than forty-four feet in width, from outside to outside, with a good
footway on each side thereof.

Sect. 3. The said corporation shall be held liable to keep
said bridge and diaw in good repair, and to raise the draw, and
afford all necessary and proper accommodation to vessels having
occasion to pass the same, by day or by night ; and shall, when
necessary, keep said bridge sufficiently lighted by lamps on each
side of the same, not exceeding seventy feet apart ; and if any
vessel shall be unreasonably delayed in passing said draw, by the
negligence of said corporation or their agents, in discharging the
duties enjoined by this act, the owners or commanders of such
vessels may recover reasonable damages therefor, of said cor|)o-
raiion, in an action on the case before any court proper to try
the same.

Sect. 4. Said corporation shall be holden to make compen-
sation to any person, or corporation, whose real estate shall be
taken for the use of said bridge, and if there should be a differ-
ence of opinion as to the value of the same, either party may
apply to the court of cominon pleas, in the county where such
real estate lies, for a committee to estimate the damage such per-
son, persons or corporation will sustain ; and, upon such appli-
cation, the court, after ten days' notice to the adverse party to
appear and show cause why such committee should not be ap-
pointed, shall, if no good reason be shewn to the contrary, ap-
point three or five disinterested freeholders within the county,
who being first sworn before some justice of peace, and giving
due notice to the parties to appear, if they see fit, for a hearing,
shall proceed to the duties of their appointment, and estimate the
value of real estate taken as aforesaid, and shall make return of
their doings, as soon as may be to said court ; and upon accep-
tance of said report, judgment may be given thereon, with costs,
to either party, according to the discretion of the court : provid-
ed, that in all cases either party may claim a trial by jury, as in
similar cases when lands are taken for public uses.

Sect. 5. The second section of this act shall be void and
of no effect, if, on or before the first day of June next, the
West Boston Bridge Corporation, by a vote at a legal meeting,
shall agree to sell their bridge and the franchise thereof to said
Hancock Free Bridge Corporation, for such a sum as three dis-
interested men, or a major part of them, one to be selected by
said West Boston Bridge Corporation, one by the said Hancock
Free Bridge Corporation, and the third to be selected by the
two thus chosen by said corporations, shall appraise the same to
be worth. And the said West Boston Bridge Corporation are
hereby authorized to make the aforesaid transfer of their bridge
and the franchise thereof. And on the completion of said trans-
fer, the West Boston Bridge shall be forever free from toll, and
be kept up and maintained, subject to all the provisions of this
act, as far as the same may be applicable, unless otherwise pro-

1837. Chap. 2—3. 727

vided for by law : provided, if the said Hancock Free Bridge, Condition of
and the roads leading thereto, shall not be completed and open this act.
for travel in four years fioni the passing of this act, then this act
shall be null and void. [Jlpril 16, 1836.] Add. act, 1837,
oh. 163.

An Act to repeal "An Act to establish the People's Bank." C/Aff2?28S

BE it enacted by the Senate and House of Representatives, in General Court as- igss rh ifis
sembled, and by the authority of the same, us follows : 1834 rh IRs'

Sect. 1. '-An Act to establish the People's Bank," passed on the twenty-fifth day „
of March, in the year one thousand eiijht hundred and thirty-three, is hereby repealed : iiepeal.
provided, that nothing in this act shall be so construed, as to absolve the said corpora- Proviso,
tion, or any director or stockholder thereof, from any liability created by the act here-
by repealed.

Sect. 2. This act shall lake effect from and after the first day of April next. [April
16, 1836 ] Repealed, 1837 ch. 105.

An Act to repeal the charter of the Slate Bank. C/tr/35 284'

BE it enacted by the Senate and Hotise of Representatives, in General Court as- -[^w ^ 84
sembled, and by the authority of the same, as follows : 1816 ch 86*

Sect. 1. So much of an act to continue the banking corporations therein named, 1830 ch' 58*
and for other purposes, passed on the twenty-eighth da}' of Febiuary, in the year one
thousand eight hundred and thirt^'-one, as provides for the continuance of the charier l^epG**'.
of the President, Directors and Company of the Stale Bank, in Boston, capital stock
eighteen hundred thousand dollars, is hereby repealed, and the chaiter of the said State „
Bank is hereby declared forfeit and void : provided, thai nothing in this act shall be so *^roviso.
construed as to absolve the said corporation, or any director or stockholder thereof,
from any liability created by the act hereby repealed.

Sect. 2. This act shall lake effect from and alter the first day of April next. ^April
16, 1836.] Repealed, 1837 ch. 100.

An Act to incorporate the Mountain Seminar}', at Worlhington. Chft.tl 2

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

Sect. 1 . William Wetmore, Hiram Bagg and William Ward, Persons incor-
their associates and successors, ai'e hereby made a corporation, ^°^
by the name of " The Mountain Seminary," to be established at
Worthington, in the county of Hampshire ; with all the powers Powers and
and privileges, and subject to all the duties, restrictions and liabil-
ities, set forth in the forty-fourth chapter of the Revised Statutes. ^ ^- <=^- **•

Sect. 2. The said corporation may hold real and personal Estate.
estate to the amount of thirty thousand dollars, to be devoted ex-
clusively to the purposes of education. [Feb. 7, 1837.]

Chap. 3.

An Act to incorporate the Conway Manufacturing Company.

jBjG it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :

Sect. I. Edmund Burke, Elijah Arms, and John Thomas, Persons inror.
their associates and successors, are hereby made a corporation, porated.
by the name of the " Conway Manufacturing Company," for the
purpose of manufacturing cotton and woollen goods, and ma-
chinery, in the town of Conway, in the county of Franklin, and
for this purpose shall have all the powers and privileges, and be Powers and du-
subject to all the duties, restrictions and liabilities, set forth in the '"^^'
thirty-eighth and forty-fourth chapters of the Revised Statutes. R. s. ch. 38. 44.

Sect. 2. The said corporation may hold, for the purposes Estate.
aforesaid, real estate to the amount of thirty thousand dollars.

728

1837.-

-Chap. 3—6.

Chap. 4.

1836 ch. 42.

Wards, and as-
sistant asses-
sors.

Common coun-
cil men.

Health com-
missioners.

Organization of
city govern-

Vacancies, how
filled.

Repeal.

Condition of
this act.

Chap. 5.

1793 ch. 25.
(v. 2. p. 231.)

Societ}' author-
ized to sell land.

Expenditure of
proceeds.

Chap. 6.

Persons incor-
porated.

and personal estate to the amount of seventy thousand dollars.

[Feb. 7, 1837.]

An Act in addition to an Act, entitled "An Act incorporating the city of Salem."

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

.Sect. I. The city of Salem shall be divided into four wards,
and the city council shall elect annually one or more assistant as-
sessors in each ward.

Sect. 2. Six common council men shall be annually elected
in each ward ; and, whenever it shall so happen that the whole
number of common council men sliali not be cliosen at the meet-
ing or meetings now provided for, the same proceedings shall be
had as are provided with reference to the choice of mayor.

Sect. 3. The city council may elect health commissioners
from either or both branches of said city council.

Sect. 4. The annual organization of the city government
shall take place on the fourth Monday in March ; and the present
officers shall hold their offices until others shall be chosen and
qualified in their stead.

Sect. 5. In case of the death or resignation of any member
of the board of aldermen, or of the common council, such va-
cancy may be filled at any regular meeting of the inhabitants of
said city, called for that purpose.

Sect. 6. All the provisions of the act to which this is in ad-
dition, inconsistent with the provisions of this act, are hereby re-
pealed.

Sect. 7. This act shall be void, unless the inhabitants of
said city, at a general meeting called for that purpose, shall, by
written votes, accept the same within twenty days from its pas-
sage. [Feb. 9, 1837.]

An Act to authorize the sale of parochial lands, by the Baptist Society in Harwich.

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

Sect. 1. The Baptist Society in Harwich is hei'eby author-
ized to sell a tract of land owned by said society, lying in said
town ; and the treasurer of said society, for the time being, is
authorized to execute a deed or deeds to convey the same to the
purchaser.

Sect. 2. The proceeds of such sale or sales of said land
shall be expended for parochial purposes, and none other. [Feb.
9, 1837.]

An Act to incorporate the Springfield Satinet Company.

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

Sect. 1. Elisha Curtis, Walter H. Bowdoin, and William
Child, their associates and successors, are hereby made a man-

1837. Chap. 6—9. 729

iifacturing corporation, by the name of " The Springfield Satinet
Company," for the purpose of manufacturing woollen and cot-
ton goods, and machinery, in the town of Springfield, in the
county of Hampden ; and for this purpose shall have all the pow- Powers and
ers and privileges, and be subject to all the duties, restrictions ^"''^s.
and liabilities, set forth in the thirty-eighth and forty-fourth chap- R.S. ch. 38. 44.
ters of the Revised Statutes.

Sect. 2. Said corporation may hold, for the purposes Estate,
aforesaid, real estate to the amount of thirty thousand dollars, and
the whole capital shall not exceed one hundred thousand dollars.
[Feb. 9, 1837.]

An Act to incorporate the Stale Mutual Fire Insurance Company. ChctJ), 7.

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

Henry Noyes, J. B. Russell, and Lemuel Shattuck, their Persons incor-
associates and successors, are hereby made a corporation, by the novated,
name of the State Mutual Fire Insurance Company, to be locat-
ed in the city of Boston, in the county of Suffolk, for the pur-
pose of making insurance upon any building, stock, or other pro-
perty whatever, within the Commonwealth, with all the powers Powers and du-
and privileges, and subject to all the duties, restrictions and lia- ^^^^\
bilities set forth in the thirty-seventh and forty-fourth chapters of • ■'^ - '•**'
the Revised Statutes, for the term of twenty-eight years. [^Feb.
11, 1837.]

An Act to extend the time for paying in the Capital Slock of the Packet Insurance (Jhup, 8.
Company, and for other purposes. -^

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

Sect. 1. The time wherein the capital stock of the Packet Time extended
Insurance Company is by law required to be paid in, is hereby capftaf.'"^'"
extended to the fourteenth day of March, in the year one thou-
sand eight hundred and thirty-eight.

Sect. 2. The said company may commence their business Whentocom-
vvhen one hundred thousand dollars of said stock shall have been mence business,
paid in, being restricted to eight per centum on any one risk ;
and whenever said stock shall be increased to one hundred and
fifty thousand dollars, ten per centum may be taken on any one
risk : provided, hoivever, that the whole amount of two hundred
thousand dollars shall be paid in, within two years from the pass-
ing of this act. [Feb. 11, 1837.]

An Act to increase the Capital Stock of the Menimack Manufac luring Company. CflClVt 9.

BE it enacted by the Senate and House of Representatives, -^^^i ch. 46.
in General Court assembled., and by the authority of the same, 1823 ch. 17.

r 11 •> iJ 3 J 1828 ch. 5.

as jollows :

The Merrimack Manufacturing Company is hereby authorized increase of cap-
to increase its capital stock by the creation of five hundred ad- '"*'
ditional shares, of one thousand dollars each. [Feb. 11, 1837.]

VOL. VII. 92

730 1837. Chap. 10—12.

Chap. 10.

1824 ch. 44.

An Act to increase the Capital Stock of the Hamilton Manufacturing Company.

BE it enacted by the Senate and House of Represenlaiives,
1827 ch. 37". in General Court assembled, and by the authority oj the same,
1832 ch. 60. as follows:

Increase of cap- The Hamilton Maiiufactuiing Company at Lowell, is hereby
authorized lo increase its present capital stock by an addition
thereto of two hundred and fifty thousand dollars. [Feb. 11,
1837.]

ChwP, 11. ^^ ^'^^'^ ^° increase the Capital Stock of the Boott Cotton Mills.

1835 ch. 74. BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :
Increase of cap- f he Boott Cotton Mills are hereby authorized to increase
"* ■ their capital stock by the creation of such number of additional
shares, not exceeding five hundred, of one thousand dollars each,
as the said corporation may, on the completion of their works,
find to be needful. [Feb. 11, 1837.]

ChttV' 1 2. An Act to incorporate the La Fayette Fire and Marine Insurance Company.

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

Persons incor- Sect. 1. Isaac Leonard, George W. Lewis and Ezra

porated. Hutchins, their associates and successors, are hereby made a

corporation by the name of the La Fayette Fire and Marine In-
surance Coinpany, to be located in the city of Boston, in the
county of Suffolk, for the purpose of making maritime loans,
and insurance against maritime losses, and losses by fire, in the

Powers and du- customary manner, with all the powers and privileges, and sub-
ject to all the duties, restrictions and liabilities set forth in the

R. S. ch. 37. 44. thirty -seventh and forty-fourth chapters of the Revised Statutes,
for the term of twenty years from the passing of this act.

Estate. Sect. 2. The said corporation may hold any estate, real or

personal, for the use of said company : provided, that the real
estate shall not exceed the value of fifty thousand dollars, except-
ing such as may be taken for debt, or held as collateral security
for money due the said company.

Capital stock. Sect. 3. The Capital stock of said company shall be two
hundred thousand dollars, and shall be divided into shares of one
hundred dollars each, and shall 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 ap-
point.

Corporation Sect. 4. The said company may commence their business

when to com- y^hen one hundred thousand dollars of said stock shall have been

mence busmess. . , . ■ • • i • i • i

paid m, being restricted to eight per centum on any one risk,
and, whenever said stock shall be increased to one hundred and
fifty thousand dollars, ten per centum shall be allowed to be taken
on any one risk : provided, however, that the whole amount of
two hundred thousand dollars shall be paid in, within two years
from the passing of this act. [Feb. 11, 1837.]

ties.

R. S. ch. 38. 44.

1837. Chap. 14—17. 731

An Act to change the name of the town of Ward. CflttV. 14.

BE it enacted by the Senate and House of Representatives^ Incorporated,
in General Court assembled, and by the authority of the same, Apr. 10, 1778.
as folio ivs :

The name of the town of Ward, in the county of Worcester, Auburn.
is hereby changed to the name of Auburn, and said town shall
henceforth be known and called by the said last mentioned name,
any thing in the act whereby the said town was incorporated, to
the contrary notwithstanding, [Feb. 17, 1837. "I

An Act to incorporate the Central Manufacturing Company. ChciPm 1 5«

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

Sect. 1. Ebenezer D. Ammidown, Hiram Wheelock, Li- Persons ineor-
nus Child, their associates and successors, are hereby made a P**""^'^ •
corporation by the name of the Central Manufacturing Company,
for the purpose of manufacturing cotton, in the town of South-
bridge, in the county of Worcester ; and for this purpose shall Powers and du
have all the powers and privileges, and be subject to all the du-
ties, restrictions and liabilities, set forth in the thirty-eighth and
forty-fourth chapters of the Revised Statutes of this Common-
wealth.

Sect. 2. The said corporation may hold, for the purposes
aforesaid, real estate to the amount of seventy-five thousand dol-
lars and personal estate not exceeding the value of one hundred
and fifty thousand dollars. [Feb. 17, 1837.]

An Act to establish the division line between liie towns of Wellfleet and Truro. CHCLJ), 16.

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

The dividing line between the towns of Wellfleet and Truro Dividing line
shall hereafter be as follows, viz : Beginning at a stone monu- ^^escnbed.
ment on the westerly side of the Cape ; thence westerly four
rods to the Bay ; thence from said monument east one degree
north, three hundred and eighty-two rods and thirteen links to a
stake ; thence east one degree north, two hundred and forty-six
rods and eight links to a pine tree, marked T. and W. ; thence
east one hundred and eighty-three rods to a stone ; thence east
three degrees south, one hundred and eight rods and five links to
a stake ; and thence east four degrees south, three hundred and
sixty rods and seventeen links to a stone monument ; thence east
to the ocean. [Feb. 22, 1837.]

An Act to authorize the Taunton Branch Rail-road Corporation to increase their cap- /^A/.*, 1 7

itai slock. i^nap. 1 / .

BE it enacted by the Senate and House of Representatives, isae ch! 281.
in General Court assembled, and by the authority of the same,
as follows :

The Taunton Branch Rail-road Corporation are hereby au- Increase of cap-
thorized to increase their capital stock, to an amount not exceed- "* ^'""^ *
ing fifty thousand dollars, by the creation of au additional number
of shares, not exceeding five hundred, of one hundred dollars

732 1837. Chap. 17—20.

each ; the said shares to be disposed of in such manner as the
corporation shall determine, and to be assessed as the directors
shall find expedient ; the amount thus raised to be applied to the
purposes specified in their act of incorporation. \_Feb. 22, 1837.]

Chap. 18.

1831 ch. 73.

An Act in addition to an Act to incorporate the Skinnaquils Fishing Company, in
Harwich and Chatham.

BE it enacted by the Senate and House of Representntives,
in General Court assembled^ and by the authority of the same,
as follows :
Annual meet- The time of holding the annual meeting of the Skinnaquits

'"^' Fishing Company, in Harwich and Chatham, shall be on the first

Tuesday in March, instead of the first Tuesday in April, as now
provided in the act to incorporate said company. \^Feb. 22,
1837.]

ChCLX) 19 ^^ ^^^ '" ^'^'''''on 'o ^" ^^^ entitled "An Act to establish the City Bank in Lowell."

1836 ch. 116. BE it enacted by the Senate and House of Representatives,

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

as follows :

Timeforpaying The time for paying in the capital stock of the corporation cre-

jn capital stock g^g^j j^y jj^g ^^.j jq which this is in addition, is hereby extended to

cxtcnucu. "' .

the first Monday in October, in the year one thousand eight hun-
dred and thirty-seven ; and the said act, to which this is in addi-
tion, and all the doings under and by virtue thereof, as well be-
fore as after the passage of this act, shall have the same validity,
force and effect, as if said capital stock had been paid in, on or
before the first day of January, in the year one thousand eight
hundred and thirty-seven, any thing in said act, to which this is
in addition, to the contrary notwithstanding. [^Feb. 22, 1837.]

C^hnn 20 ^"^ ^^^ ^^ incorporate the Odiorne Manufacturing Company.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :
Persons incor- Sect. 1. George Odiorne, Josiah J. Fisk, and Joseph J.
porate . Fales, their associates and successors, are hereby made a cor-

poration, by the name of the Odiorne Manufacturing Company,
for the purpose of manufacturing machinery, and cotton and
woollen goods, in the town of Sturbridge, in the county of Wor-
Powers and du- cester ; with all the powers and privileges, and subject to all the
ties- duties, restrictions and liabilities, set forth in the thirty-eighth and

R. S. ch.38.44. forty-fourth chapters of the Revised Statutes.
Estate. Sect. 2. The said corporation may hold, for the purposes

aforesaid, real estate to the amount of three hundred thousand dol-
lars, and the whole capital stock of the said corporation shall
not exceed the amount of five hundred thousand dollars. [Feb.
22, 1837.]

1837. Chap. 21—24. 733

An Act to incorporate the Dedham ftlutual Fire Insurance Company. ChciU 21 .

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

Leonard Hodges, Erastus Worthington, and Harvey Clap, Persons incor-
their associates and successors, are liereby made a corpora-
tion, by the name of the Dedham Mutual Fire Insurance Com-
pany, in the town of Dedham in the county of Norfolk, for
the purpose of insuring buildings, stock in trade, and all other
kinds of personal property, with all the powers and privileges, Powers and du-
and subject to all the duties, restrictions and liabilities, set forth
in the thirty-seventh and forty-fourth chapters of the Revised R.S. eh. 37 44.
Statutes, for the term of twenty-eight years. \^Feb. 22, 1S37.]

An Act to incorporate ttie Boston Fatiierless and Widows' Society. CIlCl'D 23.

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

Lydia Boles, M. P. Blagdeii, and Elizabeth F. Gurney, with Persons incor-
their associates and successors, are hereby made a corporation, P^"^^^^ •
by the name of the Boston Fatherless and Widows' Society, with
power to take and hold, by subscription, gift, grant, purchase, be- Estate,
quest or otherwise, personal and real estate, not exceeding in
amount at any one time fifty thousand dollars ; the funds so held,
and the income thereof to be expended and applied for the pur-
pose of relieving indigent widows and fatherless children, subject Powers.
to the provisions of the forty-fourth chapter of the Revised Stat- R. S. cii. 44.
utes of this Commonwealth. [Feb. 23, 1837.]

An Act to incorporate the Boston Cotton and Woollen IManufacturing Company. f^hrfn 24.

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

Sect. 1. John Cook, Samuel S. Ridgway, and Joshua Persons incor-
Child, their associates and successors, are hereby made a corpo- P°''^*^°-
ration, by the name of the Boston Cotton and Woollen Manu-
facturing Company, for the purpose of manufacturing cotton and
woollen goods, in the city of Boston, in the county of SufTolk ;
and for this purpose shall have all the powers and privileges, and Powers and du-
be subject to all the duties, restrictions and liabilities, set forth 'ies.
in the thirty-eighth and forty-fourth chapters of the Revised r. s. ch. 38. 44.
Statutes.

Sect. 2. The said corporation may hold, for the purposes Estate.
aforesaid, real estate to the amount of forty thousand dollars,
and the whole capital stock of said corporation shall not exceed
the amount of one hundred and fifty thousand dollars. [Feb. 23,
1837.]

734

1837.-

■Chap. 25—27.

Chap. 25

Persons incor-
porated.

Estate.

Powers.
R. S. ch.44.

Chap. 26.

Persons incor-
porated.

Powers and du-
ties.

R.S. eh. 38.44.

Estate.

An Act to incorporate the Warren Street Chapel Religious and Scientific Association:

BE it enacted by the Senate and House of Representatives,
in Genej-al Court assembled, and by the authority of the same,
as follows :

Charles F. Barnard, H. J. Bowditcli and John L. Emmons,
their associates and successors, are hereby made a corporation,
by the name of the Warren Street Chapel Religious and Scicnilfic
Association, for the purposes of establishing and maintaining a li-
brary, a cabinet of natural history and apparatus, andof giving instruc-
tion in religious and scientific knowledge, with power to take and
hold by subscription, gift, grant, purchase, bequest or otherwise,
personal and real estate, not exceeding in amount, twenty thou-
sand dollars ; the funds so held, and the income thereof to be ex-
pended and applied so as best to promote the objects of the so-
cie;y, subject to the provisions of the forty-fourth chapter of the
Revised Statutes of this Commonwealth. [Feb. 23, 1337.]

An Act to incorporate the ftlonson Branch Company.

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

Sect. 1. Joseph L. Reynolds, Cyrus W. Holmes, and Shef-
field C. Reynolds, their associates and successors, are hereby
made a corporation, by the name of the Monson Branch Com-
pany, for the purpose of manufacturing cotton and woollen goods,
in the town of Monson, in the county of Hampden, and, for
this purpose, shall have all the powers and privileges, and be
subject to all the duties, restrictions and liabilities, set forth
in the thirty-eighth and forty-fourth chapters of the Revised
Statutes.

ChaX). 27. An Act to incorporate the Damaslc Cloth Manufacturing Company.

BE it enacled by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :

Sect. 1. Otis Rich, William H. Montague, and Lemuel
Blake, their associates and successors, are hereby made a cor-
poration, by the name of the Damask Cloth Manufacturing Com-
pany, for the purpose of manufacturing damask cloth in the city
of Boston, and for this purpose shall have all the powers and
privileges, and be subject to all the duties, restrictions and liabili-
ties, set forth in the thirty-eighth and forty-fourth chapters of the
Revised Statutes.

Sect. 2. The said corporation may jiold, for the purposes
aforesaid, real estate to the amount of thirty thousand dollars,
and the whole capital stock of said corporation shall not exceed
the amount of one hundred thousand dollars. [Feb. 23, 1837.]

Persons incor-
porated.

Powers and
duties.

R. S. ch.38.44.
Estate.

1837. Chap. 28—31. 735

An Act to increase the Capita! Stock of the Bristol Print Works. CflQ't), 28.

BE it enacted by the Senate and House of Representatives, i833 ch. 45.
in General Court assembled.^ and by the authority of the same,
as follows :

The Bristol Print Works are hereby aiithorized to increase their increase of cap-

ital

capital stock to an amount not to exceed four hundred thousand
dollars ; and to purchase and hold real estate to an amount not
exceeding one hundred and seventy thousand dollars. \^J\Iarch
4, 1837.]

Chap. 29.

An Act to incorporate the Boston Granite Company.

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

Sect. 1. Joseph Richards, Luther Munn, and Seriah Ste- Persons incor-
vens, their associates and successors, are hereby made a corpo- P"""^® •
ration, by the name of the Boston Granite Company, for the pur-
pose of quarrying, hammering, cutting, manufacturing and vending
granite stone in the town of Quincy, in the county of Norfolk,
and in Boston, in the county of Suffolk ; and for this purpose Powers and du-
shall have all the powers and privileges, and be subject to all the "*'^"
duties, restrictions and liabilities, set forth in the thirty-eighth and R. s. ch.38.44.
forty-fourth chapters of the Revised Statutes.

Sect. 2. The said corporation may hold, for the purposes Estate,
aforesaid, real estate to the amount of sixty thousand dollars, and
the whole capital stock of said corporation shall not exceed one
hundred and fifty thousand dollars. [March 4, 1837.]

An Act to incorporate the Singletarj' Manufacturing Company. ^yi orv

BE it enacted by the Senate and House of Representatives, ^

in General Court assembled, and by the authority of the same,
as follows :

Sect. 1. Perley Goddard, Amasa Wood, and Simon Farns- Persons incor-
worth, their associates and successors, are hereby made a cor- P"''»'<='^-
poration, by the name of the Singletary Manufacturing Com-
pany, for the purpose of manufacturing woollen and satinet cloths
in the town of Millhury, in the county of Worcester, and for this
purpose shall have all the powers and privileges, and be sub- Powers and
ject to all the duties, restrictions and liabilities, set forth in the ttu'ies.
thirty-eighth and fourth-fourth chapters of the Revised Statutes. R. S. ch.38.44.

Sect. 2. The said corporation may hold, for the purposes Estate,
aforesaid, real estate to the amount of forty thousand dollars, and
the whole capital stock of said corporation shall not exceed the
sum of one hundred thousand dollars. [March 4, 1837.]

An Act to incorporate the West Stockbridge and Hudson Marble and Lime Company, f^hnrf 3 1

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

Sect. 1. Robbins Kellogg, Hubbard Fox, and Charles B. Persons incor-
Boynton, their associates and successors, are hereby made a po^ated.
corporation, by the name of the West Stockbridge and Hudson
Marble and Lime Company, for the purpose of quarrying, man-

736 1837. Chap. 31—34.

ufacturing, planing and vending marble, and the manufacturing

and vending of lime, in the town of West Stockbridge, in the

Powers and du- county of Berkshire, and for that purpose shall have all the povv-

ties. ers and privileges, and be subject to all the duties, restrictions and

R.S. ch. 38. 44. liabilities set forth in the thirty-eighth and forty-fourth chapters

of the Revised Statutes.
Estate. Sect. 2. The said company may hold, for the purposes

aforesaid, real estate to the amount of fifty thousand dollars, and
the whole capital slock of said company shall not exceed the
amount of one hundred thousand dollars. [March 4 j 1837.]

f^hfnt S*^ All Act to incorporate the Sutton Woollen Mills.

BE it enacted by the Senate and House of Representatives^
in General Court assembled, and by the authority of the same.,
as follows :
Persons incor- Sect. 1. Joseph L. Freeman, Nehemiali C. Sibley and
porated. George Barber, their associates and successors, are hereby made

a corporation, by the name of the Sutton Woollen Mills, for the
purpose of manufacturing woollen goods in the town of Sutton,
Powers and in the county of Worcester ; and for this purpose shall have all
"^*' the powers and privileges, and be subject to all the duties, re-

R. S.ch.38.44. strictions, and liabilities set forth in the thirty-eighth and forty-
fourth chapters of the Revised Statutes.
Estate. Sect. 2. The said corporation may hold, for the purposes

aforesaid, real estate to the amount of fifty thousand dollars, and
the whole capital stock of said corporation shall not exceed
the amount of one hundred thousand dollars. [^March 4, 1837.]

f^hfin '^S ■'^" "'^^^ '° incorporate the Weymouth Iron Company.

BE it enacted by the Senate and House of Representatives ,
in General Court assembled, and by the authority of the same,
as foUoivs :
Persons incor- Sect. 1. Jacob Perkins, Gad Robinson and Nahum Stet-
P*"^^'^ ■ son, their associates and successors, are hereby made a manufac-

turing corporation, by the name of the Weymouth Iron Compa-
ny, for the purpose of manufacturing and working iron in the
Powers and tovvn of Weymouth, in the county of Norfolk ; and for this pur-
duties. pose, shall have all the powers and privileges, and be subject to

R. S. ch. 33. 44. all the duties, restrictions and liabilities, set forth in the thirty-
eighth and forty-fourth chapters of the Revised Statutes.
Estate. Sect. 2. The said corporation may hold, for the purposes

aforesaid, real estate to the amount of seventy thousand dollars,
and the whole capital stock of said corporation shall not exceed
the amount of one hundred and fifty thousand dollars. [J\Iarch
4, 1837.]

Chnn *S4< ^" ■'^^^ '° incorporate the Trustees of the New England Christian Academy.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :
Persons incor- Sect. 1. Amos Shelden, Jonathan BufFum and Luther Ba-
porated. |^gj.^ ^j-igj|, associates and successors, are hereby made a corpora-

tion, by the name of the New England Christian Academy,, to

1837. Chap. 34—37. 737

be established in the town of Beverly, in the county of Essex ;

with all the powers and privileges, and subject to all the duties, Powers and du-

restrictions and liabilities, set forth in the forty-fourth chapter of d^*„ , . .

, -P, . , „ ' •' r^ R. S. ch. 44.

the Kevised fetatutes.

Sect. 2. The said corporation may hold real estate to the Estate,
amount of twenty thousand dollars, and personal estate to the
amount of thirty thousand dollars, to be devoted exclusively to
the purposes of education. [^JVIarch 4, 1837.]

An Act to incorporate the Livingston Company. C^hnrt '^'i

BE it enacted by the Senate and House of Representatives^ "'

in General Court assembled, and by the authority of the same,
as follows :

Sect. 1. Edward A. Raymond, John Hews, Samuel Cur- Persons incor-
tis, and their associates and successors, are hereby made a manu- P°'"aied.
facturing corporation, by the name of the Livingston Company,
for the purpose of manufacturing cotton, woollen and silk goods,
and machinery, in the town of Lancaster, in the county of Wor-
cester ; and for this purpose shall have all the powers and privi- Powers and du-
leges, and be subject to all the duties, restrictions and liabilities, '^^'
set forth in the thirty-eighth and forty-fourth chapters of the Re- R. s.ch.38.44.
vised Statutes.

Sect. 2. The said corporation may hold, for the purposes Estate,
aforesaid, real estate to the amount of fifty thousand dollars, and
the whole ca|)ital stock of said corporation shall not exceed the
amount of one hundred and fifty thousand dollars. [^March 4,
1837.]

An Act to extend the time for paying- in the Capital Stock of the Newbiiryport Insur- f^hnrt '^fi
ance Company. ^^nujj. OD.

BE it enacted by the Senate and House of Representatives, ^^^^ '^^' ^^'
in General Court assembled, and by the authority of the same,
as follows :

The time wherein the capital stock of the Newburyport In- Timeforpaying
surance Company is by law required to be paid in, is hereby extended. ^'°*''^
extended to the twenty-fifth day of March, in the year one thou-
sand eight hundred and thirty-eight. [March 4, 1837.]

An Act authorizing Bartlelt Murdock to extend his Wharf on the Wankinco River, in CIlCl'D 37
Wareham. Jr' *

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

Bartlett Murdock is hereby authorized to extend his wharf. Wharf may be
situate on the Wankinco river, in Wareham, from the easterly ^'"^"'^e^l-
corner of his wharf now erected, north, eighteen degrees west, to
the line of Silvanus Bourne's wharf lot ; and by said Bourne's
line south, seventy-nine degrees west, one hundred forty-five
feet, to the upper corner of his wharf aforesaid : provided, that
such extension shall not infringe on the legal rights of others.
[jMarch 4, 1837.]

VOL. VII. 93

738

1837.

-Chap. 38—40.

Chap. 38.

Persons incor-
porated.

Powers and
duiies.

R. S. ch.38.44.
Estate.

An Act to incorporate the Hampden Silk Manufacturing Company.

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

Sect. 1. Charles B. Sexton, Erastus Barbour and George
M. Fowle, their associates and successors, are hereby made a
corporation, by the name of the Hampden Silk Manufacturing
Company, for the purpose of manufacturing silk, in all its branch-
es, in the town of West Springfield, in the county of Hampden ;
and for this purpose shall have all the powers and privileges, and
be subject to all the duties, restrictions and liabilities, set forth in
the thirty-eighth and forty-fourth chapters of the Revised Stat-
utes.

ChttT). 39. An Act to continue in force an Act to incorporate the Manufacturers' Insurance Com-
■* _ pany, and for other purposes.

1824 ch! 11. BE it enacted by the Senate and House of Representatives^

in General Court assembled, and by the authority of the same,
as follows :

Sect. 1. The statute of the year one thousand eight hun-
dred and twenty-two, incorporating the Manufacturers' Insurance
Company, and the several acts in addition thereto, shall be con-
tinued and retnain in force for the term of twenty years from and
after the twenty-third day of February, in the year one thousand
eight hundred and forty-two ; and said company shall have all
the powers and privileges, and be subject to all the duties, re-
strictions and liabilities, set forth in the thirty-seventh and forty-
fourth chapters of the Revised Statutes.

Sect. 2. The said company is hereby authorized to increase
its capital to any amount not exceeding four hundred thousand
dollars, the additional stock to be divided into shares of one hun-
dred dollars, and to be subscribed under the direction of the
president and directors for the time being, and on such terms
and conditions as they may order and appoint.

Sect. 3. The additional stock which may be subscribed as
aforesaid, shall be paid in and invested in the same manner as the
other part of the capital is required to be invested, within six
months from the time the assessments respectively shall be paid.
[March 4, 1837.]

Statute contin-
ued in force.

Powers and du-
ties.

R. S. ch.37.44.

Company au-
thorized to in-
crease capital.

Additional
stock, how
paid in.

Chap. 40.

Persons incor-
porated.

An Act to incorporate the North Andover Mills.

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

Sect. 1. Joseph Kittredge, Eben Sutton and George
Hodges, their associates and successors are hereby made a cor-
poration, by the name of the North Andover Mills, for the pur-
pose of manufacturing cotton and woollen goods, in the town of

1837. Chap. 40—42. 739

Andover, in the county of Essex ; and for this purpose shall Powers and
have all the powers and privileges, and be subject to all the
duties, restrictions and liabilities, set forth in the thirty-eighth and R. s. ch.38.44.
forty-fourth chapters of the Revised Statutes.

Sect. 2. The said corporation may hold, for the purposes Real estate and
aforesaid, real estate to the amount of seventy-five thousand dol- cap"al stock,
lars, and the whole capital stock of said corporation shall not
exceed the amount of two hundred thousand dollars. [JMarch
4, 1837.]

An Act to incorporate the Taunton Iron Company. Chd/V' 41 •

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

Sect. 1. Horatio Leonard, Samuel Crocker and Charles Persons incor-
Richmond, their associates and successors, are hereby made a P"'^'^ •
corporation, by the name of the Taunton Iron Company, for the
purpose of making and manufacturing iron, in all its branches, in
the towns of Taunton and Raynham, in the county of Bristol ;
and for this purpose shall have all the powers and privileges, and Powers and
be subject to all the duties, restrictions and liabilities, set forth "''^^'
in the thirty-eighth and forty-fourth chapters of the Revised R.S. ch.38.44.
Statutes.

Sect. 2. Said company may hold, for the purposes afore- Real estate and
said, real estate to the amount of one hundred thousand dollars, *^^P'^^' **°*^ •
and the whole capital stock of said company shall not exceed the
amount of three hundred thousand dollars. iJMarch 7, 1837.]

An Act to establish the dividing line between the towns of Sutton and Northbridge. ChciVt 42.

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

The following described line is hereby established as the di- Boundary line,
viding line between the towns of Sutton and Northbridge.
Beginning at the most easterly angle of the town of Sutton, at a
heap of stones in the centre of Blackstone river ; thence north
eighty-two degrees and thirty minutes west, one hundred and
eight rods on said line, to the ancient northwesterly corner of
Mendon ; thence south eight degrees and forty-five minutes west,
two hundred and fifty-two rods on said line ; thence north eighty-
four degrees west, sixty-one rods and ten links ; thence south
one degree and forty-five minutes east, sixty rods and eleven
links ; thence south eighty-one degrees and fifteen minutes east,
forty-nine rods and five links, to said ancient line between the
towns of Mendon and Sutton ; thence south eight degrees and
forty -five minutes west on said line, one hundred and forty rods
and twenty-one links ; thence south eighty degrees forty-five
minutes west, two hundred and twenty-five rods ; thence south
sixteen degrees and twenty minutes west, one hundred and fifty-
five rods and twenty links ; thence south forty-five degrees and
twenty minutes west, two hundred ninety-nine rods and ten links
to an angle near the head of Swan pond ; thence through said

740 1837. Chap. 42—45.

pond south fifty-five degrees east, two hundred and twenty-six
rods ; thence south thirty-seven degrees and forty minutes west,
five hundred and tweniy-tliree rods ; thence north seventy-four
degrees east, three hundred and eighty-tliree rods ; thence south
thirty-nine degrees and thirty minutes east, one hundred and
twenty-three rods, to the said ancient line between Sutton and
Mendon : and that all the territory being on the right of said line,
proceeding in the above described courses, shall belong to the
town of Sutton ; and all the territory being on the left of the
same line, shall belong to the town of Northbridge. [March
7, 1837.]

ChCLp* 43. -^n Act to incorporate the Merchants and Mechanics Mutual Fire Insurance Coni-
-' pany.

BE it enacted by the Senate and House of Representatives^
in General Court assembled, and by the authority of the same,
as follows :
Persons incor- Adam Kinsley, Frederick W. Lincoln and Simeon Presbrey,
porated. jj^gjj. gggociates and successors, are hereby made a corporation,

by the name of the Merchants and Mechanics Mutual Fire In-
surance Company, in the town of Canton, in the county of Nor-
folk, for the purpose of making insurance upon any buildings,
machinery, stock, and other personal property whatever, within
Powers and du- this Commonwealth, with all the powers and privileges, and sub-
"®*' ject to all the duties, restrictions and liabilities, set forth in the

R. S. ch. 37. 44. thirty -seventh and forty-fourth chapters of the Revised Statutes,
for the term of twenty-eight years. [March 7, 1837. J

f^hnn 4^4^ '^" ^^^ ^° incorporate the Richmond Manufacturing- Company.

" BE it enacted by the Senate and House of Representatives,

in General Court assembled, and by the authority of the same,
as follows :

Persons incor- Sect. 1. William A. F. Sproat, Charles Richmond and

porated. Hiram M. Barney, their associates and successors, are hereby

made a corporation, by the name of the Richmond Manufacturing
Company, for the purpose of making, bleaching, colouring and
finishing cotton goods, in the town of Taunton, in the county of

Powers and du- Bristol ; and for this purpose shall have all the powers and privi-
leges, and be subject to all the duties, restrictions and liabilities,

R. s. ch.38. 44. set forth in the thirty-eighth and forty-fourth chapters of the Re-
vised Statutes.

Estate. Sect. 2. Said company may hold, for the purposes afore-

said, real estate to the amount of one hundred thousand dollars,
and the whole capital stock of said company shall not exceed the
amount of three hundred thousand dollars. [March 7, 1837.]

ChciP» 45. ^^ A^^ *° incorporate the Washington Granite Company.

BE it enacted by the Senate and House of Representatives,

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

as follows :

Persons incor- Sect. 1. Matthias Nutter, John H. Winkley and Hezekiah

pora e . ^ Martin, their associates and successors, are hereby made a

corporation, by the name of " the Washington Granite Compa-

1837. Chap. 46—48. 741

ny," for the purpose of quarrying, hammering, cutting and vending

granite stone in Quincy, in the county of Norfolk, and in Boston,

in the county of Suffolk ; and for this purpose shall have all the Powers and du-

povvers and privileges, and be subject to all the duties, restric- ^'^^'

tions and liabilities, set forth in the thirty-eighth and forty -fourth R. s.ch.38.44.

chapters of the Revised Statutes.

Sect. 2. The said corporation may hold, for the purj)Oses Estate,
aforesaid, real estate to the amount of sixty-five thousand dollars,
and the whole capital stock of said corporation shall not exceed
the sum of one hundred and fifty thousand dollars. [March 7,
1837.]

An Act to alter the dividing line between the towns of Lancaster and SterHng. ChttJ). 46.

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

The following described line shall hereafter be a part of the Dividing line
dividing line between the towns of Lancaster and Sterling, viz : described,
beginning at the stone monument on the height of land, about
midway between the houses of James Wilder and William Goss,
in Sterling, east of the bridleway which leads from said Wilder's
to said Goss', and running a course north, twelve degrees west,
forty-four rods and fourteen links the easterly side of said bridle-
way, to a stake and stones at the northwesterly corner of the
farm of Silas Thurston, .Tr. ; and all that part of Lancaster which
lies southwest of said line shall hereafter belong to Sterling.
[March!, 1837.]

An Act authorizing Silvanus Bourne to extend his Wharf on the Wankinco River, in C)h((rj AH
Wareham. J-

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

' Silvanus Bourne is hereby authorized to extend his wharf, sit- Wharf maybe
uated on the Wankinco river, in Wareham, one hundred forty-
five feet north, seventy-nine degrees east, from the upper cor-
ner of Bartlett Murdock's wharf, as now built ; thence north-
westerly by a direct line towards the upper corner of Barnabas
Hedge's wharf, until it comes to said Hedge's line ; thence by
said line southwesterly to said Bourne's wharf, as it now is : pro-
vided, such extension shall not infringe on the legal rights of
others. [March 7, 1837.]

An Act to incorporate the Taunton Iron Foundry. Chctt), 48.

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

Sect. 1. Charles Richmond, Samuel Crocker and John Persons incor-
Duxbury, their associates and successors, are hereby made a P^""^'^
corporation, by the name of the Taunton Iron Foundry, for the
purpose of making iron and other castings, in the town of Taun-
ton, in the county of Bristol ; and for this purpose shall have ail

742

1837.-

■Chap. 48—51.

Powers and
duties.

R.S.ch. 38. 44.

Estate.

Chap. 49.

Persons incor-
porated.

Powers and
duties.

R. S. cli. 38. 44..
Estate.

Chap. 50.

Persons incor-
porated.

Powers and
duties.

R.S.ch. 38.41.
Estate.

Chap. 51.

Persons incor-
porated.

Powers and
duties.

the powers and privileges, and be subject to all the duties, re-
strictions and liabilities, set forth in the thirty-eighth and forty-
fourth chapters of the Revised Statutes.

Sect. 2. Said corporation may hold, for the purposes afore-
said, real estate to the amount of fifty thousand dollars, and the
whole capital stock of said corporation shall not exceed the amount
of one hundred thousand dollars. \jjMarch 7, 1837.]

An Act to incorporate tiie Lee Manufacturing Company'.

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

Sect. I. Winthrop Laflin, John C. Furber and Cuder
Laflin, their associates and successors, are hereby made a cor-
poration, by the name of the Lee Manufacturing Company, for
the purpose of manufacturing cotton and paper, or either of them,
in the town of Lee, in the county of Berkshire ; and for this
purpose shall have all the powers and privileges, and be subject
to all the duties, restrictions and liabilities, set forth in the thirty-
eighth and forty-fourth chapters of the Revised Statutes.

Sect. 2. The said corporation may hold real estate, for the
purposes aforesaid, to the amount of twenty-five thousand dollars,
and the whole capital stock of said corporation shall not exceed
the amount of fifty thousand dollars. [Alarch 7, 1837.]

An Act to incorporate the Croclcer Manufacturing Company.

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

Sect. 1. Samuel Crocker, Charles Richmond and Samuel
B. King, their associates and successors, are hereby made a
corporation, by the name of the Crocker Manufacturing Compa-
ny, for the purpose of making cotton cloth and machinery in the
town of Taunton, in the county of Bristol ; and for this purpose
shall have all the powers and privileges, and be subject to all the
duties, restrictions and liabilities, set forth in the thirty-eighth and
forty-fourth chapters of the Revised Statutes.

Sect. 2. Said conipany may hold, for the purposes afore-
said, real estate to the amount of fifty thousand dollars, and the
whole capital stock of said company shall not exceed the amount
of one hundred and fifty thousand dollars. [March 7, 1837.]

An Act to incorporate the West Manufacturing Company.

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

Sect. 1. Etheridge Clark, Jr., Charles Richmond and Ab-
igail West, their associates and successors, are hereby made a
corporation, by the name of the West Manufacturing Company,
for the purpose of making cotton goods and paper in the town of
Taunton, in the county of Bristol ; and for this purpose shall
have all the powers and privileges, and be subject to all the du-

1837. Chap. 51—57. 743

lies, restrictions and liabilities, set forth in the thirty-eighth and R- s. ch. 38. 44,
forty-fourth chapters of the Revised Statutes.

Sect. 2. Said company may hold, for the purposes afore- Estate,
said, real estate to the amount of forty thousand dollars, and the
whole capital stock of said company shall not exceed the amount
of one hundred thousand dollars. [March 7, 1837.]

An Act to incorporate the Proprietors of the Norton Female Seminar}'. CflttV. 53.

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

Sect. 1. Laban M. Wheaton, Cyrus W. Allen and Lemu- Persons incor-
el Perry, their associates and successors, are hereby made g^"^^^''
corporation, by the name of the Proprietors of " the Norton
Female Seminary," to be established in the town of Norton, in po^^ers and
the county of Bristol ; with all the powers and privileges, and duties.
subject to all the duties, restrictions and liabilities set forth in the R. s.ch.44.
forty-fourth chapter of the Revised Statutes.

Sect. 2. The said corporation may hold real estate to the Estate.
amount of ten thousand dollars, and personal estate to the amount
of ten thousand dollars, to be devoted exclusively to purposes of
education. [March 10, 1837.]

An Act to extend the time for paying in the Capital Stock of the Blackstone Insur- f^/Kip, 00»
ance Company. ^ 1836 ch. 48.

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

The time wherein the capital stock of the Blackstone Fire Time for pay-
and JMarine Insurance Company is by law required to be paid in, ex^ended'"'^'
is hereby extended to the twenty-third day of March, in the
year one thousand eight hundred and thirtv-eight. [March 10,
1837.]

An Act to incorporate the Hope Insurance Company. f^Ilfin ^1

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

Sect. 1. William Cleveland, Stephen Phillips and Nathan- persons incor-
iel L. Rogeis, their associates and successors, are hereby made poraied.
a corporation, by the name of the Hope Insurance Company, to
be located in the city of Salem, in the county of Essex, for the
purpose of making maritime loans, and insurance against maritime
losses, in the customary manner, with all the powers and privi- Powers and du-
leges, and subject to all the duties, restrictions and liabilities, set j!'"*"
forth in tlie thirty-seventh and forty-fourth chapters of the Re-
vised Statutes, for the term of twenty years from the passing of
this act.

Sect. 2. The said corj)oration may hold any estate, real or Real estate,
personal, for the use of said company : provided, that the real
estate shall not exceed twenty thousand dollars, excepting such
as may be taken for debt, or held as collateral security for money
due to said company.

744 1837. Chap. 57—60.

Capital stock. Sect. 3. 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 be collected and paid in, in such
instalments, and undei" such provisions and penalties, as the pre-
sident and directors of said company shall order and appoint.
Commence- Sect. 4. The said Company shall be empowered to com-

ness^a^id'iim'i'ta- ^lence their business, when one half of the capital stock afore-
tion of risks. said shall have been paid in, being restricted to eight per centum
on any one risk : provided^ however^ that the whole amount of
one hundred thousand dollars shall be paid in, within two years
from the passing of this act. [JMarch 10, 1837.]

Ch(ip. 58. A" Act to increase the Capital Stock of the Curtisville Cotton Manufacturing- Com-
pany.

BE it enacted by the Senate and House of Representatives^
in General Court assembled, and by the authority of the same,
as follows :
Real estate. 'pj^g Curtisville Cotton Manufacturing Company may hold

real estate to the amount of one hundred thousand dollars.
[March 10, 1837.]

ChcCT) 59 ■'^" ^'^^ '° incorporate the Berkshire Mining Company.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :
Persons incor- Sect. 1, Daniel Coucli, Silas' Garfield and John Merrell,
porated. their associates and successors, are hereby made a corporation,

by the name of the Berkshire Mining Company, for the purpose
of exploring and mining for iron and other minerals, and metals
and coal, within the county of Berkshire, in this Commonwealth,
Powers and and Converting them to useful purposes ; with all the powers and
duties. privileges, and subject to all the duties, restrictions and liabilities

R. S. ch.38. 44. ggj^ j-^j,^!^ ji^ jj^^ thirty-eighth and forty-fourth chapters of the Re-
vised Statutes.
Estate. Sect. 2. The said corporation may hold such real estate

not exceeding twenty thousand dollars in value, and such person-
al estate not exceeding thirty thousand dollars, as may be ne-
cessary to carry into effect 'he purposes aforesaid. [JMarch 10,
1837.]

Cfl(ip> OU. An Act to incorporate the Taunton Mechanics' Association.

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

Persons incor- Sect. 1. Thomas C Browu, I. W. Crossman and Jos.

porae . Dixon, their associates and successors, are hereby made a cor-

poration, by the name of "the Taunton Mechanics' Association,"
to be established in the town of Taunton, in the county of Bris-
tol ; with all the powers and privileges, and subject to all the du-
ties, restrictions and liabilities set forth in .the forty-fourth chap-
ter of the Revised Statutes.

Real and per- Sect. 2. The said Corporation may hold property in real

sona estate. ^^^ personal estate to the amount of twenty thousand dollars, to

Powers and du-
ties.

R. S. ch.44.

1837. Chap. 60—63. 745

be devoted to the erection, in the town of Taunton, of a public
edifice, which may contain a convenient lecture room, hall
or halls suitable for the accommodation of public assemblies
of the citizens, apartments suitable for mechanics' libraries and
apparatus, and for instruction in mechanical science and arts.
[March 10, 1837.]

An Act to incorporate the Glendale Mills. UilCip, 61 •

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

Sect. 1. John Z. Goodrich, Samuel G. Wheeler and Persons incor-
Charles Worthington, their associates and successors, are here- P""^*'^ '
by made a corporation, by the name of the Glendale Mills, for
the purpose of manufacturing, dyeing and printing cotton and
woollen goods at Glendale in the town of Stockbridge, and coun-
ty of Berkshire ; and for this purpose shall have all the powers Powers and
and privileges, and be subject to all the duties, restrictions and J'^g'*', ^„ ^
liabilities set forth in the thirty-eighth and forty-fourth chapters of " '
the Revised Statutes.

Sect. 2. The said corporation may hold for the purposes Estate,
aforesaid, real estate to the amount of one hundred and fifty thou-
sand dollars, and the whole capital stock of said corporation shall
not exceed three hundred and fifty thousand dollars. \_March
10, 1837.]

An Act to change the name of the Bridgewater Manufacturing Company. ChctP> 62.

BE it enacted by the Senate and House of Representatives, in I8i3ch.37.
General Court assembled, and by the authority of the same,
asfolloics :

The Bridgewater Manufacturing Company may take the name, Name changed,
and shall hereafter be known as the Ritchie Manufacturing Com-
pany. [March 10, 1837.]

An Act to incorporate the Quincy Granite Company. ChcLX), 63.

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

Sect. 1. Benjamin F. Dudley, Gilman Dudley, and Nathan- Persons incor-
iel F. Potter, their associates and successors, are hereby made ^°^^ ^
a corporation, by the name of the Quincy Granite Company, for
the purpose of quarrying, manufacturing and vending granite, in
the town of Quincy, in the county of Norfolk ; and for this pur- Powers and du-
pose shall have all the powers and privileges, and be subject to ^'^^*
all the duties, restrictions and liabilities, set forth in the thirty- R. S. ch. 38. 44.
eighth and forty-fourth chapters of the Revised Statutes.

Sect. 2. Said corporation may hold, for the purposes afore- Estate,
said, real estate to the amount of ten thousand dollars, and
the whole capital stock of said corporation shall not exceed the
amount of seventy thousand dollars. [March 10, 1837.]

VOL. VII. 94

746

1837.-

-Chap. 64—67.

Chap. 64.

1825 ch. 27.
1835 ch. 9.

May establish a
reading-room,

Chap, QQ.

Persons incor-
porated.

Powers and du-
ties.

R.S. ch.38.44.
Estate.

Chap. 67.

Persons incor-
porated.

Powers and
duties.

R. S. ch. 37. 44.
Real estate.

Capital stock.

An Act relating to the Middlesex Mechanics' Association.

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

The Middlesex Mechanics' Association shall have power to
expend such a portion of their income as may be necessary for
the purpose of establishing a suitable reading room, and furnishing
the same with such books, pamphlets and newspapers, as may be
necessary for the improvement of the members of the association,
and also for the purpose of employing suitable persons to instruct
said members, by lectures, or otherwise, in the various arts and
sciences, any thing in the acts to which this is in addition to the
contrary notwithstanding. [March 10, 1837.]

An Act to incorporate the Amherst Silk Company.

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

Sect. 1. Martin Thayer, William McKee, and William H.
Scott, their associates and successors, are hereby made a corpo-
ration, by the name of the Amherst Silk Company, for the pur-
pose of carrying on the business of the culture and manufacture
of silk in all its branches, in the town of Amherst, in the county
of Hampshire ; with all the powers and privileges, and subject to
all the duties, restrictions and liabilities set forth in the thirty-
eighth and forty-fourth chapters of the Revised Statutes.

Sect. 2. The said corporation may hold, for the purpose
aforesaid, real estate to the amount of twenty thousand dollars,
and the whole capital stock of said company shall not exceed
the amount of fifty thousand dollars. [March 10, 1837.]

An Act to incorporate the Fulton Insurance Company.

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

Sect. 1. Stephen White, Peter Harvey, and I. C. Brod-
head, their associates and successors, are hereby made a cor-
poration, by the name of the Fulton Insurance Company, to be
established in the city of Boston, in the county of Suffolk, for
the purpose of making maritime loans, and insurance against mar-
itime losses, and insurance against losses by fire, in the custom-
ary manner ; and for this purpose, shall have all the powers and
privileges, and be subject to all the duties, restrictions and liabil-
ities set forth in the thirty-seventh and forty-fourth chapters of the
Revised Statutes, for the term of twenty years.

Sect. 2. The said corporation may hold any estate, real or
personal, for the use of said company : provided, that the real es-
tate shall not exceed the value of fifty thousand dollars, except-
ing such as may be taken for debt, or held as collateral security for
money due to said company.

Sect. 3. The capital stock of said company shall be two
hundred thousand dollars, and shall be divided into shares of one

1837. Chap. 67—70. 747

hundred dollars each, and shall be collected and paid in, in such
instalments, and under such provisions and penalties, as the pres-
ident and directors of said company shall order and appoint.
[AJarch 10, 1837.]

An Act to incorporate the Northampton Sugar Beet Company. Chdp. 68.

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

Sect. 1. Edward Church, Roswell Hubbard, and Hiram ^^;^°"j' '"'=°'-
Ferry, their associates and successors, are hereby made a corpo-
ration, by the name of " The Northampton Sugar Beet Com-
pany," for the purpose of the culture of the sugar beet and the
manufacture of sugar therefrom, and the refining of the same,
and also the culture of oleaginous plants, and the manufacture of
oil therefrom, in the town of Northampton, in the county of
Hampshire ; and for the aforesaid purposes shall have all the pow- Powers and
ers and privileges, and be subject to all the duties, liabilities
and restrictions, set forth in the thirty-eighth and forty-fourth chap- R. S. ch.38. 44.
ters of the Revised Statutes.

Sect. 2. The said corporation may hold, for the purposes Estate,
aforesaid, real estate to the amount of seventy-five thousand dol-
lars, and the whole capital stock of said corporation shall not ex-
ceed the amount of two hundred thousand dollars. [March 10,
1S37.]

An Act to incorporate the Indian Orchard Canal (yompany. f^hnn fiQ

BE it enacted by the Senate and House of Representatives, ' '

in General Court assembled, and by the authority of the same,
as follows :

Sect. 1 . Charles Stearns, George Bliss, and William persons incor-
D wight, their associates and successors, are hereby made a cor- porated.
poration, by the name of the Indian Orchard Canal Company, for
the purpose of creating water power, and manufacturing ma-
chinery, in the town of Springfield, in the county of Hampden ;
and for this purpose shall have all the powers and privileges, and Powers and du-
be subject to all the duties, restrictions and liabilities set forth in "^*-
the thirty-eighth and forty-fourth chapters of the Revised Stat- r. s. eh. 38. 44.
utes.

Sect. 2. Said corporation may hold, for the purposes afore- Estate,
said, real estate to the amount of one hundred thousand dollars,
and the whole capital stock of said company shall not exceed in
amount two hundred thousand dollars. [March 10, 1837.]

An Act in addition to " An Act to incorporate the Boston Wharf Company." C^hnt) 70

BE it enacted by the Senate and House of Representatives, 1336 eh. 259.
in General Court assembled, and by the authority of the same,
as follows :

The Boston Wharf Company may, in addition to the flats de- Company may
scribed in the act to which this is in addition, purchase and hold hoidad^ditfonal
other parcels of flats and land not exceeding in value, the sum of flats.

748 1837. Chap. 70—73.

fifty thousand dollars, and not included within the limits described
in the act aforesaid, for the purpose of obtaining therefrom, and
for no other purpose whatever, the materials for filling and corn-
Proviso, pleting said wharf : provided., that nothing in this act shall in any
way infringe or interfere with the lights of the Commonwealth, in
any flats in the harbor of Boston, or with the legal rights of any
other person or corporation. [JWarch 15, 1837.]

Chap. 71.

1833 ch. 32.

An Act in addition to "An Act to incorporate the Franklin Hemp and Flax Manufac-
turing Company."

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

Name changed. Sect. 1. The Franklin Hemp and Flax Manufacturing Com-
pany, shall hereafter be known by the name of the Franklin Bag-
ging Company.

Estate. Sect. 2. The said corporation may hold twenty thousand

dollars in real estate, and eighty thousand dollars in personal es-
tate, in addition to their present authorized capital. [JVIarch 16,
1837.]

C^hnn TS •^" ^^^ '■° '^f"^'' ^ P*'"'- of Erving's Grant to the town of Orange.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :
Boundaries de- Sect. 1. All the easterly part of the territory called Er-
scribed. ving's Grant, bounded and described as follows : beginning at

the southwest corner of Orange, on the north side of Miller's river,
thence north, ten degrees east, four hundred and fifty rods, to the
southeast corner of Warwick ; thence west, one and a half de-
grees south, seven hundred and fifty-eight rods, on Warwick
south line, to the southwest corner of said Warwick ; thence
south, six degrees west, three hundred and one rods, to Miller's
river ; thence up said river, on the north line of Wendell and
New Salem, to the first mentioned corner, with all the inhabitants
and estates thereon, is hereby set off and separated from the ter-
ritory of said Erving's Grant, and annexed to the town of Orange,
both in the county of Franklin.
Liabilities of Sect. 2. Said inhabitants and estates, so set off, shall be lia-

inhabitants j^jg ^^ pgy g]] tgxes that have been legally assessed on them by said
district of Erving's Grant, in the same manner as if this act had
not been passed.
Liability of the Sect. 3. Said town of Orange shall be liable to pay over to
towno range, ^j^^ ^^j^ district of Erving's Grant, all such sums of money as
shall be levied and collected from the inhabitants set off as their
portion of the state and county taxes, till a new valuation of polls
and estates shall be taken and made. [March 16, 1837.]

1837. Chap. 74—75. 749

An Act in addition (o " an Act to incorporate the Boston Gas Light Company." f^hnTt 74

BE it enacted hy the Senate and House of Representatives, is22ch.4i.
in General Court assembled, and by the authority of the same, ^^^^ *=''• ^^•
as follows :

Sect. 1. The Boston Gas Light Company are hereby au- Capital stock
thorized to increase their capital stock, by an amount not exceed- '°*^'^^^sed.
ing two hundred and fifty thousand dollars, and to purchase and
hold real estate in the county of Suffolk, as part and parcel of
their capital, not exceeding one half of their whole capital stock.

Sect. 2. The Boston Gas Lieiht Company, with the con- Company may

r ^i_ 1 ^ c !• • • I • c T-» extend llieir

sent 01 the seJectmen ot any town adjoinmg the city ot Boston, pipes into othrr
may extend their pipes and conductors into such town ; and for towns,
that purpose shall have power and authority to open the ground
in any part of the streets, lanes or highways of such town ; and
the said corporation, after opening the ground in any street, lane
or highway, for the purpose aforesaid, shall be held to put the
same again into repair, under penalty of being prosecuted for a
nuisance. \J\^[arch 16, 1837.]

An Act to annex a part of New Salem to Orange. CJlftl) 7 ^

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

Sect. 1. All that part of New Salem and the territory call- Boundaries de-
ed Litde Grant, bounded and described as follows : beginning at *'="''*^°'
the northeast corner of Wendell, thence south nine degrees
west, one thousand and forty-six rods on the line between Wen-
dell and New Salem, to a monument at the northwest corner of
Jabez E. Whipple's farm ; thence east nine degrees south, one
thousand three hundred and thirty-four rods, to the southwest
corner of Asa Farnsworth's lot, numbered ninety-four in the
fourth division of lots in said New Salem ; thence north on the
west end of lots numbered ninety-four, ninety-five, ninety-six,
ninety-seven and ninety-eight of said fourth division, to the south-
east corner of territory called Little Grant; thence continuing
north three hundred and twenty-five rods to Miller's river ; thence
down said river on the south line of Orange and Erving's Grant,
to the first mentioned boundary, with all the inhabitants and es-
tates thereon, is hereby set off and separated from the said town
of New Salem to the town of Orange, both in the county of
Franklin.

Sect. 2. • Said inhabitants and estates so set off, shall be lia- Liability of in-
ble to pay all taxes that have ' been legally assessed on them by "^^^''^n'^ ^^^ ''^■
the town of New Salem, in the same manner as if this act had
not been passed.

Sect. 3. Said town of Orange shall be liable to pay over to Liability of the
the said town of New Salem, all such sums of money as shall *°^"*' range,
be levied and collected from the inhabitants set off, as their por-
tion of the state and county taxes, till a new valuation of polls and
estates shall be taken and made.

Sect. 4. The said town of Orange shall be holden to pay Support of

poor.

750

1837.

-Chap. 75—79.

the expense of supporting all the poor, now chargeable to the
town of New Salem, in such proportion as the valuation of that
part of New Salem now set off to Orange, bears to the whole
valuation of said New Salem, made in the year one thousand
eight hundred and thirty-six. [March 16, 1837.]

An Act to incorporate the Washington Manufacturing Company.

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

Sect. 1. Edward Clarke, Luke Harrington and Simon
Dudley, their associates and successors, are hereby made a cor-
poration, by the name of the Washington Manufacturing Com-
pany, for the purpose of manufacturing cotton and woollen goods
and machinery in Sutton, in the county of Worcester ; and for
this purpose shall have all the powers and privileges, and be sub-
ject to all the duties, restrictions and liabilities, set forth in the
thirty-eighth and forty-fourth chapters of the Revised Statutes.

Sect. 2. The said company may hold, for the purposes
aforesaid, real estate to the amount of thirty thousand dollars,
and the whole capital stock of said company shall not exceed the
amount of one hundred thousand dollars. [JVlarch 16, 1837.]
Add, act, 18.37 ch. 230.

An Act for changing the name of the New Church ISociety in Charlestown.

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

Name changed. From and after the passing of this act, the name of the "New
Church Society in Charlestown" shall be changed, and the said
society shall be known and called by the name of the Harvard
Church in Charlestown, any thing in the act incorporating said
society, to the contrary notwithstanding. [March 16, 1837.]

Chap. 76.

Persons incor-
porated.

Powers and

duties.

R. S.ch.38.44.

Estate.

Chap. 77.

1815 ch. 74.
1818 ch. 62.

Chap. 79.

Persons Incor-
porated.

Powers and du-
ties.

R. S.ch.38.44,
Estate.

An Act to incorporate the Etna Furnace Companj'.

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

Sect. 1. Jacob Richardson, Albert Richardson, Micah
Ketcham, and their associates and successors, are hereby made
a manufacturing corporation, by the name of the Etna Furnace
Company, for the purpose of manufacturing, in the town of Cam-
bridge, county of jNIiddlesex, iron castings, and such goods, mer-
chandize or other articles, the component stock of which will be
wholly or in part cast iron ; and for this purpose shall have all
the powers and privileges, and be subject to all the duties, re-
strictions and liabilities, set forth in the thirty-eighth and forty-
fourth chapters of the Revised Statutes.

1837. CrfAP. 80—81. 751

An Act to annex a part of New Salem to Atliol. C^hffn 80

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

Sect. 1. All that part of New Salem, describetJ and bound- Annexation of
ed as follows : begimiins; at a stone monument at the southeast P^rtofNewSa-

rr-i/-? I 1 1 1/-! • '^'" '° 'he town

corner oi L»ittie Grant ; thence south on tlie west end of lots, in of Athoi.
the fourth division of lots in said town of New Salem, numbered Boundaries,
ninety-eight, ninety-seven, and so on, to the southwest corner of
Maltier Grossman's lot, numbered seventy-nine, six hundred and
thirty rods ; thence south, thirty-two degrees east, six hundred
and eight rods, to a monument at the southwest corner of Joseph
Waites' wood lot, on the line of Petersham ; thence on the line
of Petersham north, fifty-four degrees east, four hundred and
thirty-four rods, to a stone monument at the southeast corner of
Athol ; thence on the line between Athol and New Salem, to
the first mentioned monument, with all the inhabitants and es-
tates thereon, is hereby set off and separated from said New Sa-
lem, in the county of Franklin, and annexed to the town of Athol,
in the county of Worcester.

Sect. 2. Said inhabitants and estates so set off, shall be lia- Liabilities of in-
ble to pay all taxes that have been legally assessed on them by habitants set off.
the town of New Salem, in the same manner as if this act had
not been passed.

Sect. 3. Said town of Athol shall be liable to pay over to Liability of the
the said town of New Salem, all such sums of money as shall be '^"^"of Athol.
levied and collected from the inhabitants set off as their portion
of the state and county taxes, till a new valuation of polls and
estates shall be taken and made.

Sect. 4. The said town of Athol shall be holden to pay the Support of poor,
expense of supporting all the poor now chargeable to the town of
New Saleni, in such proportion as the valuation of that part of
New Salem now set off to Athol, bears to the whole valuation of
said New Salem, made in the year one thousand eight hundred
and thirty-six : provided, however, that the said town of New
Salem shall forever be liable to support Benoni Twitchell and
family, who have heretofore been paupers, belonging to the terri-
tory now set off from New Salem and annexed to Athol. \jMarch
16, 1837.]

An Act to incorporate the VVadsworth Woollen Company. f^hnn 81

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

Sect. I. Hiram Wadsworth, Henry Holbrook and Otis Persons ineor-
Prince, their associates and successors, are hereby made a man- P°'*'e^-
ufacturing corporation, by the name of the Wadsworth Woollen
Company, for the purpose of manufacturing woollen goods in the
town of Barre, in the county of Worcester ; and for this purpose Powers and du-
shall have all the powers and privileges, and be subject to all the "^^'

752 1837. Chap. 81—84.

R. S.ch.38.44. duties, restrictions and liabilities, set forth in the thirty-eighth
and forty-fourth chapters of the Revised Statutes.

Estate. Sect. 2. The said corporation may hold, for the purposes

aforesaid, real estate to the amount of one hundred thousand dol-
lars, and the whole capital stock of said corporation shall not
exceed the amount of two hundred thousand dollars. [JWarch
16, 1837.]

ChciVt 82. -^^'^ -'^^^ '° incorporate the Millbury Locomotive Engine Company.

BE it enacted by the Senate and House of Representatives., in
General Court assembled, and by the authority of the same,
as follows :
Persons incor- Sect. 1. Asa Waters, Abraham G. Randall and Simon
porated. Farnswortli, their associates and successors, are hereby made a

manufacturing corporation, by the name of the Millbury Loco-
motive Engine Company, for the purpose of manufacturing rail-
road locomotive steam-engines and other machinery, in the town
of Millbury, in the county of Worcester; and for this purpose
Powers and shall have all the powers and privileges, and be subject to all the
duties. duties, restrictions and liabilities, set forth in the thirty-eighth

R. s. ch.38. 44. and foriy-fourth chapters of the Revised Statutes.

Sect. 2. The said corporation may hold, for the purposes
Estate. aforesaid, real estate to the amount of forty thousand dollars, and

the whole capital stock of said corporation shall not exceed the
amount of one hundred thousand dollars, [jyiarch 17, 1837. J

CIlCfD 83 ^'^ ^'^^ '° establish the dividing line between the towns of Westfield and Southwick.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
as follows :
Boundary line Sect. 1. The dividing line between the towns of Westfield
described. gnd Southwick, in the county of Hampden, shall be a straight

line from an established monument on the East Mountain, so
called, being the southeast corner, to an established monument
on the West Mountain, so called, being the southwest corner of
the said town of Westfield.
Jurisdiction. Sect. 2. The territory and jurisdiction, according to the line

so established, are hereby confirmed to the towns, of Westfield
and Southwick respectively. [JMarch 20, 1837.]

tyilCtp. o4i. An Act to aid the construction of the Norwich and Worcester Rail-road.

1836 ch 190 ^^ *^ enacted by the Senate and House of Representatives,

204. " in General Court assembled, and by the authority of the same,

as folloiDs :
Treasurer au- Sect. 1. The treasurer of thls Commonwealth is hereby au-
thorized to issue thorized and directed to issue scrip or certificates of debt, in the
name and behalf of the Commonwealth, under the hand of the
said treasurer, and the seal of the Commonwealth, for the sum
of four hundred thousand dollars, bearing an interest of five per
cent, per annum, payable semi-annually, at the office of the said
treasurer, and redeemable at the same place, at the expiration of
twenty years from the first day of July next, which scrip or cer-

scrip.

1837. Chap. 84. 753

tificates shall be deemed to be a pledge of the faith and credit of
the Commonwealth for the redemption thereof. And the said
treasurer shall deliver said scrip or certificates of debt to the
treasurer of the Norwich and Worcester Rail-road Company, for
the purpose of enabling the said company to complete that part
of their road which lies within this Commonwealth, at such times,
and under such conditions, as are herein after provided.

Sect. 2. When said company shall have expended, or re- Scrip to be de-
ceived for the purpose of being expended in the construction of urer of said
their rail-road, the sum of two hundred and fifty thousand dol- company on
lars, the treasurer of the Commonwealth shall deliver to the uons.
treasurer of said company, scrip or certificates issued as afore-
said, to the amount of one hundred thousand dollars ; and when
they shall have expended, or received for the purpose of being
expended as aforesaid, the sum of five hundred thousand dollars,
in addition to the amount of the scrip which they shall have re-
ceived from this Commonwealth, the treasurer of the Common-
wealth shall deliver to the treasurer of the said company, scrip
or certificates issued as aforesaid, to the further amount of one
hundred thousand dollars. And when the said company shall
have graded the whole of their said road, the treasurer of the
Commonwealth shall deliver to the treasurer of said company the
remainder of the said scrip or certificates for said sum of four
hundred thousand dollars : provided^ that before any such scrip Proviso,
or certificates shall be delivered to the treasurer of said company
as aforesaid, the said company shall furnish evidence satisfactory
to the governor that said payments have been made as aforesaid.

Sect. 3. This act shall not take effect until said company, at Conditions of
a meeting of the stockholders duly notified for that purpose, shall *^'^ ^^^'
have assented to all the provisions thereof, and shall have exe-
cuted to the Commonwealth a bond, in such form as the attorney
general shall prescribe, conditioned that said company shall in-
demnify and save harmless the Commonwealth from all liability
on account of said scrip or certificates, and shall pay the interest
thereon punctually as the same shall fall due, at the office of the
treasurer of this Commonwealth, until the principal sum or sums
thereof shall be paid by said company, and shall pay at the office
of said treasurer of the Commonwealth the principal sum or sums
aforesaid, one year before the same shall become redeemable by
the Commonwealth ; and shall also convey, by a suitable instru-
ment, to be prepared for that purpose, under the direction of the
attorney general, their entire road and its income, and all the
franchise to them belonging, as a pledge or mortgage to secure
the performance of all the conditions of said bond ; and shall also
transfer to this Commonwealth four thousand shares of the capi-
tal stock of said company, to be held by the treasurer of the
Commonwealth, as further security for the performance of the
condition of the said bond, and to be sold by the said treasurer,
at the pleasure of the General Court, upon the failure of the said
company, to pay the interest of the said scrip or certificates of
debt, or the principal thereof as aforesaid. [March 20, 1837.]
VOL. VII. 95

754 1837. Chap, 87—89.

dlClt), 87. ^" ^^^ ^ increase the Capital Stock of the Tremont Mills.

1830 eh. 135. ^^ *^ enacted by the Senate and House of Representatives,

in General Court assembled, and by the authority of the same,
as follows :

Increase of The proprietors of the Tremont Mills are hereby authorized

to increase their capital stock, by the addition of such number of
additional shares, not exceeding two hundred, of one thousand
dollars each, as the said corporation may require for the conveni-
ent management of their business. [March 21, 1837.]

C^hfin 88 ■^'^ ^'^^ ^° increase the Capital Stock of the Suffolk Manufacturing Company.

1830 eh 21 ^^ *^ enacted by the Senate and House of Representatives,

in General Court assembled, and by the authority of the same,
as follows :

Increase of The Suflolk Manufacturing Company are hereby authorized to

increase their capital stock, by the creation of such number of
shares, not exceeding two hundred, of one thousand dollars each,
as the said corporation may require for the convenient manage-
ment of their business. [March 21, 1837.]

ChttVt 89. -^^ •'^^'^ '" addition to an Act relating to certain Courts in the County of Middlesex.

1836 h 275 ^^ ^^ enacted by the Senate and House of Representatives,

in General Court assembled, and by the authority of the same,
as follows :
Revival of for- Sect. 1. The acl to which this act is in addition, which act is
mer act, c. hereby revived, shall be void and of no effect, unless the city of
Lowell, on or before the first day of April next, shall pay to the
county commissioners, for the time being, of the county of Mid-
dlesex, the sum of ten thousand dollars, to be applied and ex-
pended by them towards the erection of a jail in said Lowell,
with suitable appurtenances, for the safe keeping of prisoners ;
and shall, also, on or before said day, finish the court room, and
other accommodations now begun at said Lowell, and in part fin-
ished, for the use of the courts named in said act, according to
the plan and style in which the same are now begun ; and shall,
also, on or before said day, by a good and sufficient lease or
other conveyance, duly executed and delivered to said county
commissioners, secure and confirm said court room and other
accommodations to the county of Middlesex, to be permanently
used for the purposes of said act.
Termsof courts Sect. 2. In case the city of Lowell shall fulfil the foregoing
Lowen°'*^^° ^' conditions, the term of the Supreme Judicial Court, now by law
to be holden at Concord, within and for said county, on the sec-
ond Tuesday of April annually, shall, on the second Tuesday of
April, in the year eighteen hundred thirty-seven, and annually
thereafter, be holden at said Lowell ; and the term of the Court
of Common Pleas, now by law to be holden at Concord, within
and for said county, shall, on the second Monday of September
next, and annually thereafter, be holden at said Lowell. And
th6 sheriff of said county shall give seasonable and proper notice
thereof in all the newspapers published in said county.

1837. Chap. 89—91. 755

Sect. 3. It shall be the duty of the county commissioners, County com-

-,.,. r • t J. • JL c 'A . missioners to

for the time being, of said county, to receive the aforesaid pay- purchase land
ment, and thereupon to proceed and purchase a lot of land in said and erect a jail.
Lowell, and to erect a jail on the same, with all necessary appur-
tenances and conveniences for the safe keeping of prisoners.
And if the aforesaid sum shall be insufficient to defray the ex-
pense of said land and jail, the residue of said expense shall be
defrayed by the county of Middlesex.

Sect. 4. All parts of the act to which this act is in addition. Repeal,
which are inconsistent with the provisions of this act, are hereby
repealed. [.liarcA 24, 1837.]

An Act to incorporate the Wrentham Carpet Company. CflCip, 90.

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

Sect. 1. Whiting Grant, George Sharp and Charles Per- Persons incor-
kins, their associates and successors, are hereby made a manu- P"""*'® •
facturing corporation, by the name of the Wrentham Carpet
Company, for the purpose of manufacturing carpets in the town
of Wrentham, in the county of Norfolk; and for this purpose Powers and du-
shall have all the powers and privileges, and be subject to all the
duties, restrictions and liabilities, set forth in the thirty-eighth and R. S. ch.38.44.
forty-fourth chapters of the Revised Statutes.

Sect. 2. The said corporation may hold, for the purposes Estate,
aforesaid, real estate to the amount of fifteen thousand dollars, and
the whole capital stock of said corporation shall not exceed the
amount of twenty-five thousand dollars. [J\Iarch 25, 1837.]

An Act to incorporate the Lowell Gas Company. CJlttT), 91 .

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

Sect. 1. Kirk Boott, Robert Means and Jolm Aiken, their Persons incor-
associates and successors, are hereby made a corporation, by the P°''*'^
name of the Lowell Gas Company, for the purpose of manufac-
turing and selling gas in the city of Lowell, in the county of
Middlesex, with all the powers and privileges, and subject to all Powers and du-
the duties, restrictions and liabilities, set forth in the thirty-eighth ^^^' . »g 44
and forty-fourth chapters of the Revised Statutes.

Sect. 2. Said corporation may hold, for the purposes afore- Estate,
said, real estate not exceeding one hundred thousand dollars, and
the whole capital stock of said corporation shall not exceed three
hundred thousand dollars.

Sect. 3. If the said corporation shall not, within three years Condition of
from the passage of this act, have erected their works, and be '^'* **^^-
prepared to manufacture gas for the use of the citizens of Lowell,
this act shall be void.

Sect. 4. Said corporation may, with the assent in writing Corporation

of the mayor and aldermen of the city of Lowell, dig up and may dig up or

•' ... . , . v , f 1 • open streets,

open any street or way within said city, lor the purpose oi placing

766

1837.-

Chap. 91—93.

Chap. 92.

Persons incor-
porated.

Powers and du-
ties.
R. S. ch. 4i.

Extension of
Wear.

Forfeiture for
taking fisii with-
out permission.

Restrictions of
fishing.

Chap, 93.

Persons incor-
porated.

Powers and
duties.

R. S. ch. 44.

Corporation to
have exclusive
use of ponds
and creeks.

such pipes as may be necessary for the conveyance and distribu-
tion of the gas, or for the repairs or extension of the same.
[March 2b, 1837.]

An Act to incorporate the Fish Wear Company*.

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

Sect. 1. John Kenrick, Isaac Linnell, Josiah Linnell,
their associates and successors, are hereby made a corporation,
by the name of the Fish Wear Company, for the purpose of
constructing a fish wear in the waters at Nanwicoit Point,
(so called) in the southeasterly part of the town of Orleans, in
the county of Barnstable, for the purpose of taking fish ; and for
this purpose shall have all the powers and privileges, and be sub-
ject to all the duties, restrictions and liabilities contained in the
forty-fourth chapter of the Revised Statutes.

Sect. 2. Said wear shall not extend farther into the water
than to the depth of four feet at low water.

Sect. 3. If any person shall take any fish from said wear,
without the perniission of said corporation, he shall forfeit to said
corpoiation a sum not exceeding five dollars, if the quantity so
taken be less than one hundred pounds ; but if the quantity taken
be more than one hundred pounds, the person so offending shall
forfeit five dollars for every hundred })ounds of fish so taken, to
be recovered in any court proper to try the same.

Sect. 4. If any person shall take by seine any fish within
twenty rods of the location of said wear, he shall forfeit a sum
not exceeding six dollars for each offence, for the use of said
corporation, to be recovered as aforesaid. [Jllarch 25, 1837.]

An Act to establish the Hope Oyster Company, in Nantucket.

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

Sect. 1. Micah Swain, Thomas Coffin, Reuben Joy, Jr.,
their associates and successors, are hereby made a corporation,
by the name of the Hope Oyster Company, for the pinpose of
planting, propagating and digging oysters, in Hummock Pond,
Salt Pond and Heither Creek, in the island of Nantucket ; and
for that purpose shall have all the powers and privileges, and be
subject to all the duties, restrictions and liabilities, set forth in the
forty-fourth chapter of the Revised Statutes.

Sect. 2. The said corporation shall have the exclusive use
of the ponds and creeks aforesaid, for the purpose of planting,
propagating and digging oysters, for the term of twenty years ;
and if any person shall dig for, in said ponds and creeks, or take
therefrom any oysters during the term aforesaid, without leave of
said corporation, he shall forfeit and pay a fine not exceeding five
dollars for each offence, to the use of the complainant, to be re-
covered in any court proper to try the same.

1837. Chap. 93—96. 757

Sect. 3. Said corporation may hold personal property to an Personal prop-
amount not exceeding five thousand dollars. [JV/arc/i25, 1837.] ^^ ^'

An Act in addition to an Act establisliing the Charlestovvn Branch Rail-road Com- (^il(ip» iz-l.
^^^'t^ ■ , , , cv , r, r T^ • 183Gch.l87.

Bt, It enacted by the iSenate ana House oj Representatives,
in General Court assembled , and by the authority of the same,
as follows :

Sect. 1. The time limited in the third section of the act Extension of
incorporating the Charlestovvn Branch Rail-road Company, for ""^"
filing with the county commissioners the location of their rail-
road, shall be so extended as to authorize said company to file
the same on or before the first day of January, in the year one
thousand eight hundred and thirty-nine, and the time for the com-
pletion of said rail-road shall be extended to the first day of Janu-
ary in the year one thousand eight hundred and forty.

Sect. 2. The said corporation shall not be required to build Corporation
the draw or piers mentioned in the second section of said act ; a'draw"^ '"''
but in lieu thereof, shall construct and maintain in their said rail-
road, in the bay northwesterly of the state prison a draw, the
centre of which shall not be more than six hundred feet nor less
than four hundred feet northwesterly of the Prison Point bridge ;
also suitable piers for the accommodation of vessels and boats,
to be approved by the governor and council, and by the superin-
tendent or agent of the Middlesex canal. And the said Charles-
town Branch Rail-road Company shall be subject to the same
duties and liabilities, concerning the draw and piers herein re-
quired to be built, as are prescribed in the second section of said
former act, concerning the draw and piers therein mentioned.
[March 25, 1837.]

An Act in addition to "an act to incorporate the Proprietors of the Middlesex C'flCip. aO.
bridge." 1834 ch. G3.

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

The time for building and completing their bridge by said pro- for'^uikhn^"'^^^
prielors of the Middlesex Bridge, is hereby extended for the bridge,
term of three years from the first day of May next, any thing in
the act to which this is in addition to the contrary notwithstand-
ing. [March 25, 1837.]

An Act in addition to an Act to incorporate the Fall River Mill-road, Rail-road and Cllttp. 96.
Ferry Company. •'

BE it enacted by the Senate and House of Representatives, isss ch 264.
in General Court assembled, and by the authority of the same,
as follows :

Sect. 1. The doings of the first meeting of the Fall River Doings of the
Mill-road, Rail-road and Ferry Company, holden on the first 3^.
Monday in May, one thousand eight hundred and thirty-five, are
hereby confirmed.

Sect. 2. The tenth section of the act to which this is in Tenth section
addition, shall be so construed as to give to the owner of land or o^.^F'.^o which
otner property, taken by said corporations in virtue ol the pro- tion,how
visions of their act of incorporation, all reasonable damages, to construed.

758 1837. Chap. 96—100.

be estimated according to the provisions of tliat part of the thir-
ty-ninth chapter of the Revised Statutes, which relates to rail-
road corporations. [March 25y 1837.]

dlOiD' 99. •'^" ^^"^ '" addition to " An Act further regulating the storage, safe keeping, and
^ transportation of Gunpowder in the city of Boston."

BE it enacted by the Senate and House of Representatives^
in General Court assembled, and by the authority of the same,
as follows :
Forfeiture for Sect. 1. Any Dcrson, who shall keep, have or possess any

keepinff or sell- i .,.•','. rn i ••

ing gunpowder gunpovvder Within the city oi Boston, contrary to the provisions
contrary tolaw. of the act to vvliich this act is in addition, or to the rules and re-
gulations of the board of engineers therein mentioned, or who
shall sell any gunpovvder in said city, without having a license
therefor, or contrary to such license, or the rules and regulations
aforesaid, shall forfeit a sum not less than one hundred dollars,
and not exceeding five hundred dollars, for each offence ; and if
Forfeiture in a'^y gunpovvder, kept contrary to the provisions of the act afore-
caseof explo- said, or to such license, or to the rules and regulations aforesaid,
shall explode in any building, or on board of any ship or other
vessel, or in any place in said city, the occupant, tenant or own-
er of which has not then a license to keep and sell gunpovvder
therein, such occupant, tenant or owner shall forfeit a sum not
less than one hundred dollars, and not exceeding one thousand
dollars for each offence.
Use of fines and Sect. 2. The Several fines, penalties and forfeitures, men-
oreituie;.. lioned in this act, and in the act to which this is in addition, shall
enure to the sole use of the board of engineers of the fire de-
partment of said city of Boston : provided, however, that when-
ever on the trial of any prosecution under the said acts, any one
or more of the said engineers shall be sworn and examined as a
witness on behalf of the prosecution, a record thereof shall be
made in court, and in such case, the fine, penalty, or forfeiture
shall enure to the use of the poor of the city of Boston, to be
paid over to the overseers of the poor thereof.
Repeal. Sect. 3. The fourth and eleventh sections of the act to

which this is in addition, are hereby repealed. [March 28,
1837.]

CJlCtp 1 00. ■'^'i ^*^T ^° repeal " An Act to repeal the charter of the State Bank."

1836 ch. 284. ^^ ^^ enacted by the Senate and House of Representatives, in

General Court assembled, and by the authority of the same,
as follows :

Repeal. An Act entitled " An Act to repeal the charter of the State

Bank," passed on the sixteenth day of April, in the year one
thousand eight hundred and thirty-six, is hereby repealed ; and
this act shall take effect from and after its passage. [March 29,
1837.]

1837. Chap. 101—103. 759

An Act to incorporate the Newburyport and Newbury Mechanic Association. dlCip 101.

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

Sect. 1. Benjamin Gunnison, John S. Dodge and Joseph Persons incor-
Couch, and their associates, are hereby made a corporation, by P"""^*^
the name of the "Newburyport and Newbury Mechanic Associ-
ation," for the purpose of promoting moral and mental culture ; powers and du-
with all the powers and privileges, and subject to all the duties, lia- ties,
bilities and restrictions, contained in the forty-fourth chapter ofR.S. ch.44.
the Revised Statutes.

Sect. 2. The said corporation may hold, for the purposes Estate,
aforesaid, real and personal estate to the amount of ten thousand
dollars. [March 29, 1837.]

An Act establishing a dividing line between the towns of Philiipslon and Royalslon. KyllCip 1 \jZ>,

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

Sect. 1. The following described line is established as the Dividing line.
true dividing line between the towns of Phillipston and Royals-
ton, to wit : beginning at a stone monument which is the cor-
ner of Royalston and Phillipston, and is three hundred and sixty-
six rods west, two degrees south from the southeast corner of
Royalston, and in the course of the dividing line between Royals-
ton, and Templeton ; thence running west ten degrees north, one
hundred and ninety-eight rods, to the stone monument at the cor-
ner of Phillipston and Royalston on Miller's river.

Sect. 2. The treasurer of the town of Royalston shall pay Liability of the
over to the treasurer of the town of Phillipston, on demand, all Jj^ion" °^'
money that shall, from time to time, be assessed in any s'tate or
county tax on the polls and estates of the persons hereby set off
from the town of Phillipston, and annexed to the town of Roy-
alston, until the next valuation of estates shall be taken by au-
thority of the state. [March 29, 1837.]

An Act to incorporale the Green Kiver Manufacturing Company. CllClT) 103.

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

Sect. 1. Lorenzo Kellogg, Sidney Tullar and Henry D. Persons incor-
Chapman, their associates and successors, are hereby made a P°''^^
manufacturing corporation, by the name of the Green River
Manufacturing Company, for the purpose of manufacturing cot-
ton and woollen goods in the town of Great Barrington, in the
county of Berkshire ; and for this purpose shall have all the J^""'^*"^ ^'"^ **"'
powers and privileges, and be subject to all the duties, restric-
tions and liabilities, set forth in the thirty-eighth and forty-fourth R- S. ch. 38. 44.
chapters of the Revised Statutes.

Sect. 2. The said corporation may hold, for the purposes Estate.
aforesaid, real estate to the amount of twenty thousand dollars.

760 1837. Chap. 103—107.

and the whole capital stock of said corporation shall not exceed
the amount of forty thousand dollars. [JVlarch 29, 1837.]

C^ndp I U'*. An Act to establish an Institution for Savings in Chelsea.

BE it enacted by the Senate and House of Representatives^
in General Court assembled, and by the authority of the same,
as follows :
Persons incor- gimeon Butterficld, John Low and Henry W. Fenno, their
associates and successors, are hereby made a corporation, by the
name of the Chelsea Institution for Savings, to be established in
the town of Chelsea, in the county of Suffolk, with all the pow-
Powers and ers and privileges, and subject to all the duties, liabilities and re-
duties, strictions set forth in the thirty-sixth chapter of the Revised
R.s.ch.36. Statutes. [March 29, \ 837.]

Cllltll 10^ ■'^" '^^^ '" repeal " An Act to repeal the Charter of the People's Bank."

10QC u oo, BE it enacted by the Senate and House of Representatives.

ISJb Ch. ZoJ. .^ J ^ ^ 777 77 7 7./-7

m General Court assembled, and by the authority oj the same,
as follows :
Act repealed. An Act entitled " An Act to repeal the charter of the Peo-

ple's Bank," passed on the sixteenth day of April, in the year
one thousand eight hundred and thirty-six, is hereby repealed ;
and this act shall take effect from and after its passing. [JWarch
29, 1837.]

Chnn 1 Ofi ^^ ^^^ '° authorize the South Parish in Sutton to sell certain real estate.

BE it enacted by the Senate and House of Representatives,

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

as follows :

Authorized to Sect. 1. The South Parish in Sutton are hereby authorized

sell estate. j^q gg]| g,^(j convev the real estate devised to them for purposes of

education, by the late John Cole, deceased.
Proceeds, how Sect. 2. The proceeds of said sale shall be permanently in-
invested, vested, by a committee of the parish for that purpose, at a legal
meeting, chosen ; and the income thereof, only, shall be, annually,
appropriated to schools, in conformity with the directions of the
last will and testament of said deceased. [J\Iarch 29, 1837.]

y^/ 1 n7 ■'^" ^^^ '^ incorporate the Berkshire Silk Company.

-^ ' BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as folloics :

Persons incor- Sect. 1. Isaac Hodges, Nathan Putnam, Elihu S. Hawkes,

porated. g^j jj^gjp associates and successors, are hereby made a corpo-

ration, by the name of the Berkshire Silk Company, for the
purpose of producing and manufacturing silk in the town of Ad-
ams, in the county of Berkshire, and for these purposes shall

Powers and du- havc all the powers and |)rivileges, and be subject to all the du-
ties, restrictions and liabilities, set forth in the thirty-eighth and

R. S. ch.38.44. forty-fourth chapters of the Revised Statutes.

Estate. Sect. 2. The said corporation may hold, for the purposes

aforesaid, real estate to the amount of twenty thousand dollars,

1837. Chap. 107—112. 761

and the whole capital stock of said corporation shall not ex-
ceed fifty thousand dollars. [March 29, 1837.]

An Act (o extend the time of paying in the Capital Stock of the Farmers and Mechan- QJldp \ 08.
ics Bank, located in the South Village in Adams. jg^- J^ .^

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

Sect. 1. The time for paying in the capital stock of the Time extended.
Farmers and Mechanics Bank, located in the South Village in
Adams, is hereby extended six months.

Sect. 2. This act shall lake effect from and after its passage. When to take
iJlpril 1, 1S37.] ^^^''-

An Act to incorporate the Proprietors of the Rochester Academy. Cflttp 110.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as foil 010 s :

Charles J. Holmes, Joseph Haskell, and George Bonney Persons incor-
their associates and successors, are hereby made a corporation, ^°
by the name of the " Proprietors of the Rochester Academy,"
to be established in the town of Rochester, in the county of Ply-
mouth, with all the powers and privileges, and subject to all the Powers and du-
restrictions and liabilities set forth in the forty-fourth chapter of
the Revised Statutes, with power to hold real and personal es- H-S.ch.44,
tate to an amount not exceeding twenty thousand dollars, to be Estate.
devoted exclusively to purposes of education. [.Bpril 5, 1837.]

An Act to establish the Cabot Bank. Cndp \\Z.

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

Sect. 1. John Chase, N. P. Ames, D. M. Bryant, their Persons incor-
associates and successors, are hereby made a corporation, by the P*"^*®
name of the President, Directors and Company of the Cabot
Bank, to be established at Cabotville, in the town of Springfield,
in the county of Hampden, and shall so continue until the first
day of October, in the year one thousand eight hundred and fifty- Powers and
one, with all the powers and privileges, and subject to all the d""^*-
duties, restrictions and liabilities set forth in the thirty-sixth chap- R. S. eh. 36.
ter of the Revised Statutes.

Sect. 2. The stock in said bank shall be transferable only at Transferor
its banking house and in its books.

Sect. 3. The capital stock of said corporation shall consist Capital stock,
of two htmdred thousand dollars, to be divided into shares of one
hundred dollars each, and to be paid, in such instalments, and at
such times, as the stockholders may direct : provided, the whole
be paid in, on or before the first day of January next. [April
5, 1837.]

VOL. VII. 96

762

837.-

-Chap. 113.

ChapWS.

1833 ch. 109.
1831 ch. 175.
1835 ch. 134.

Authorized to
contruct rail-
road.

First route.

Second route.

Third route.

An Act in addition to an Act to establish the Andover and Wilmington Rail-road Cor-
poration.

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

Sect. 1 . The Andover and Wilmington Rail-road Corporation
are hereby authorized and empowered to consti net and complete
a rail-road from the bank of Merrimack river, in Bradford, thence
through Haverliill to the line of the state of New Hampshire, on
or near either of the routes following, to wit : the first route be-
gins at a point in their rail-road, as now located on the bank of
Merrimack river, in Bradford, nearly opposite to " the sands,"
in Haverhill, and approaching the river by a curve of about nine
hundred feet radius ; thence northerly, by a bridge across the
river, about eight hundred feet ; thence by a gentle curve to the left,
about four hundred feet ; thence north, to the road opposite to Mrs.
Plunimer's barn ; thence, by a curve to the left, of forty-five hun-
dred feet radius, about twenty-one hundred feet, to a point on the
easterly side of Hale's mill pond ; thence crossing said pond, in a
curve to the right, of five thousand feet radius, about two thousand
five hundred feet ; thence, by a curve to the left, of four
thousand feet radius, two thousand five hundred feet ; thence
northwesterly, in a straight line, near the westerly bank of Little
river, about twenty-eight hundred feet ; thence by a curve to the
right, of about four thousand feet radius, about seventeen hundred
feet ; thence northerly in a straight line, nineteen hundred feet ;
thence, by a curve to the right, of forty-five hundred feet radius,
thirteen hundred feet ; thence, in a straight line, nearly north,
to the line of New Hampshire, about three hundred feet westerly
of Clark's mill pond.

The second route, leaving said rail-road, as now located,
about eleven hundred feet easterly of the first mentioned point,
and passing to the river in a curve of about seven hundred feet
radius ; thence, by a bridge, to the north bank of Merrimack
river, just below the mouth of Little river ; thence, by a curve
to the left, of thirteen hundred feet radius, one thousand feet ;
thence northwesterly, one thousand feet ; thence, by a curve to
the right, of five thousand feet radius, to the point before men-
tioned on the easterly side of Hale's mill pond ; thence by a
route before described, to a point twelve hundred feet southerly
of Eastman's bridge ; thence, by a curve to the right, of forty-one '
hundred feet radius, thirty-one hundred and fifty feet ; thence
northeasterly, in a straight line, to the line of the state of New-
Hampshire, a little northerly of Col. Clement's house.

The third route continues easterly on the Bradford bank of
Merrimack river, and approaches the river at the Haverhill bridge
by a curve of eight hundred feet radius ; thence across the river,
on the westerly side of Haverhill bridge ; thence, by a gentle
curve to the left, four hundred feet ; thence northwesterly, to a
point in the road, opposite the Haverhill academy, about eight
hundred feet ; thence, by a gentle curve to the right, one thou-
sand feet ; thence northerly, thirty-three hundred feet ; thence,

1837. Chap. 113—114. 763

by a curve to the right, of forty-five hundred feet radius, one
thousand feet ; thence nearly north, forty-six hundred feet ;
thence, by a curve to the right, of five thousand feet radius, eight
hundred feet ; thence northeasterly, twenty-four hundred feet, to
the iine of the state of New Hampshire, near Whitaker's house.

Sect. 2. Said rail-road corporation, in relation to this as Powers and
well as 10 all other parts of their road, shall have all the powers P^'vieges.
and privileges, and be subject to all the duties, restrictions and
liabilities, set forth in the forty-fourth chapter of the Revised R. S. ch. 39. 44.
Statutes, and in that part of the thirty-ninth chapter of said stat-
utes which relates to rail-road corporations.

Sect. 3. For the purpose of constructing said road, said Increase of cap-
corporation are hereby authorized and empowered, by a vote of "a''*^°<=''-
the stockholders, at a meeting specially notified for that purpose,
to increase their capital stock, by the creation of an additional
number of shares, to be assessed the same amount as the shares
which are already created by their acts of incorporation : provid-
ed^ that the additional number of shares shall not exceed one
thousand.

Sect. 4. If the location of the road hereby granted shall not Conditions of
be filed with the county commissioners for the county of Essex, ^'^'' ^*''"
previous to the first day of February, in the year eighteen hun-
dred and thirty-nine, or if said corporation shall fail to complete
said rail-road by the first day of December, in the year one thou-
sand eight hundred and forty-one, in either case so much of this
act as regards the road hereby granted shall be void.

Sect. 5. Any rail-road company, which is or may be in- othercompa-
corporated, may be authorized to enter with their rail-road at any nies allowed to
point of the road hereby granted, paying for the right to use the roads.^'
same, or any part thereof, such a rate of toll as the legislature
may prescribe, and complying with such rules and regulations as
may be established by this corporation, by virtue of the fourth
section of the first act to which this is in addition.

Sec. 6. The Andover and Wilmington Rail-road Corpora- Change of
tion shall, from and after the passing of this act, be known and "*'"^-
called by the name of the Andover and Haverhill Rail-road
Corporation.

Sec 7. This act shall take effect from and after its passage, when to take
l^pril ^, 1837.] Add. act, 1837 ch. IBS. effect.

An Act to incorporate the Proprietors of the East Bridgewater Academy. ChCL'D 114*

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

Aaron Hobart, Welcome Young and Wallace Rust, their as- Persons incor-
sociates and successors, are hereby made a corporation, by the poi'aied.
name of the Proprietors of the East Bridgewater Academy, to
bo established in the town of East Bridgewater, in the county of
Plymouth ; with all the powers and privileges, and subject to all Powers and du-
the duties, liabilities and restrictions, set forth in the forty-fourth 'i^s
chapter of the Revised Statutes ; with power to hold real and

764 1837. Chap. 114—116.

Estate. personal estate not exceeding ten thousand dollars, to be devoted

exclusively to purposes of education. [»^pril 5, 1887.]

ChcLT) 115 -All Act relating to the alteration of a part of the location of the Eighth Massachusells
,-,^^ -f .„ * Turnpike.

1799 ch. 48

(v. 2. p. 364.) BE it enacted by the Senate and House of Representatives,

?v*^ 387 1 ^^ General Court assembled, and by the authority of the same,

1804 ch. 96. as follows :

\^\l'^nf'^ Sect. 1. William Bliss, and Harvey Chapin of Springfield,

I820ch!7i! and Theodore Strong of Southampton, are hereby appointed a

Jol! *^'i'' B' committee upon the petition of the Eia;htli Massachusetts Turn-

1834 ch. 56. -, r^ ^- /■ 11 1 II • r 1 - j

Committee an- P Corporation, lor hberty to alter the location ol their road
pointed lo alter from a Convenient point on said road, near the foot of Dicker-
locationofroad. gQ^,»g Hill in Russell, ihence on a line a little westerly of the
present location to a point on said road, at or near the hill next
easterly of Andrew Mallary's house in said Russell. And said
committee are hereby authorized and required to view said pro-
posed alteration, and if by them deemed expedient, to lay out
the same, and assess all damages occasioned to individuals or
corporations by such location, said damages, together with the
expenses and compensation of said committee, to be paid by
said turnpike corporation : j?roDi(/e(/, /lotoefcr, that before pro-
ceeding to view or make said alteration, said committee shall
give due notice to all parties interested, of the time and place at
which they will meet for the purposes aforesaid, that they may
appear before said committee, and be fully heard thereon.

Sect. 2. Should said committee, after a full hearing of all
parties in interest, make said proposed alteration in said road,
Report of do- they shall make report of their doings, with their location of said
alteration, to the county commissioners for the county of Hamp-
den, at their meeting to be held next after such location shall
have been made ; and if said commissioners, after a full hearing
of all parties who may wish to be heard thereon, shall accept
said report, they shall make a record of said location, and there-
upon said road, as located by said coinmittee, shall become a
part of said Eighth Massachusetts Turnpike, under the same
restrictions, liabilities and privileges as said turnpike is now sub-
Trial by Jury j^^*- * Provided, however, that any person or corporation shall, on
application to said county commissioners, be entitled to a jury for
the reassessment of damages occasioned by said location, in the
same manner as is now provided in case of roads laid out and
established by county cotTimissioners. [Jlprill, 1837.]

Chnn 116 ■'^" ^^^ '° incorporate the Proprietors of the Unitarian Meeting-house, in the town of
II ' Greenfield.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :
Persons incor. Sect. 1. Jerome Ripley, Ambrose Ames and Thaddeus
porated. Colman, their associates and successors, are hereby made a cor-

poration, by the name of the Proprietors of the Unitarian Meeting-
house, in Greenfield, in the county of Franklin ; with all the
duttes"^"^ powers and privileges, and subject to all the duties, restrictions

mgs

1837. Chap. 116—118. 765

and liabilities set forth in the forty-foiuth cha[)ter of tlie Revised R. S. ch.44..

Statutes, [and that part of the twentieth chapter of said Statutes,] [The words en-

which relates to the proprietors of churches and meeting-houses, elr^weri'^i^n-'^'

Sect. 2. The said corporation may hold real and personal dout.todiy omit-

estate to the amount often thousand dollars : provided, the same Iheybeilf-^ found

is exclusively appropriated to parochial purposes. [Jlpril 7, '" ihe ortginai

I ft "7 1 papers in the

Secretary's
office.]

An Act to incorporate (lie Proprietors of the Protestant Episcopal Church in An- (^h(tr) \ \ 7

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

Abraliam Marland, Benjamin H. Punchard and John Derhy, Persons incor-
iheir associates and successors, are hereby made a corporation, P"'"''^'^"-
by the name of the Proprietors of the Protestant Episcopal
Church in Andover, with all the powers and privileges, and sub- Powers ai;d du-
jcct to the duties, restrictions and liabilities, set forth in the "^^'
forty-fourth chapter of the Revised Statutes, and in that part of R-S. ch.20.44.
the twentieth chapter of said statutes which relates to the propri-
etors of churches or meeting-houses ; with power to hold real Estate.
and personal estate to an amount, including their buildings and
land under and ap()urtenant to the same, not exceeding in value
the sum of twenty thousand dollars : provided, the income there-
of be appropriated exclusively to parochial purposes. [April 7,
1837.]

An Act to incorporate the North Falmouth Fishing Company'. f^Iifltt 1 1 f?

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

Sect. I. Ebenezer Nye, Prince Nye and Benjamin Nye, Persons incor-
their associates and successors, are hereby made a corporation, poi'ated.
by the name of the North Falmouth Fishing Company, in North
Falmouth, and are empowered to regulate the brook running from
Nye's pond, so called, to Cautomot harbor in said Falmouth, go
far as is necessary for the pui'pose of an alevvive fishery ; and for Powers and du-
this purpose shall have all the powers and privileges, and be "^^
subject to all the duties, restrictions and liabilities, set forth in R.S. ch.44.
the forty-fourth chapter of the Revised Statutes.

Sect. 2, If any person, without the permission of the cor- Forfeiture for
poration, shall take, catch, or haul on shore, any alewives in said '^king aiewives

} , ' . , . • 1 I r -1 • I- • r 1 without leave.

brook, or within one eighth ol a mile in any direction irom the
mouth of said brook, he shall forfeit and pay, for the use of said
corporation, a sum not exceeding two dollars, if the quantity so
taken be less than one barrel ; but if the quantity taken be more
than one barrel, the person so offending shall forfeit and pay, for
each barrel of fish so taken, five dollars, to be recovered in any
court jiroper to try the same.

Sect. 3. If any damage shall be done by said corporation Damages,
to the property of any individual, not a member of the corpora-

766 1837. Chap. 118—12].

tion, such individual shall be entitled to reasonable damage, to
be estimated in the same manner as damages occasioned by the
laying out of highways, [^pril 7, 1837. J

CIlll'O 119 ■^" ^'^^ to incorporate the Bemis Maimfacturing Company.

BEi it enacted by the Senate and House of Representatives,

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

as follows :

Persons incor- Sect. 1. Seih Bemis, Thomas Cordis and Thomas Fred-

^"""^ *^ ■ eric Cordis, their associates and successors, are hereby made a

manufacturing corporation, by the name of the Bemis Company,

for the purpose of manufacturing cotton and woollen goods, and

grinding dye-woods, in the towns of Watertown and Newton, in

Powers and du. the county of Middlesex ; and for this purpose shall have all the

''^^" powers and privileges, and be subject to all the duties, restric-

R. S. ch.38.44. tions and liabilities, set forth in the thirty-eighth and forty-fourth

chapters of the Revised Statutes.
Estate. Sect. 2. The said company may hold, for the purposes

aforesaid, real estate to the amount of fifty thousand dollars, and
the whole capital stock of said company shall not exceed the
amount of one hundred and fifty thousand dollars. [Jlpril 7,
1837.]

C^hnn 1 20 ■'^^ ^^^ *" incorporate the Valley Mills.

BH it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :

Persons incor- Sect. 1. Moses Smith, I. S. Smith and Jesse Bliss, their

poraied. associates and successors, are hereby made a corporation, by the

name of the Valley Mills, for the purposes of manufacturing pa-
per and books, and carrying on the business thereof, in the

Powers and town of Hardwick, in the county of Worcester; and for this
uties. purpose shall have all the powers and privileges, and be subject

R. S. ch.38.44. to all the duties, restrictions and liabilities, set forth in the thirty-
eighth and forty-fourth chapters of the Revised Statutes.

Estate. Sect. 2. The said corporation may hold, for the purposes

aforesaid, real estate to the amount of fifty thousand dollars, and
the whole capital stock of said corporation shall not exceed the
amount of one hundred thousand dollars, [^^pril 7, 1837.]

f^hnrt 1 '^l "" ^^ ^^^ '" incorporate the Wessacumcon Steam Mills.

* BH it enacted by the Senate and House of Representatives,

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

as follows :

Persons incor- Sect. 1. Richard S. SpofFord, Samuel T. D. Ford and

poraied. John Chickcring, their associates and successors, are hereby

made a corporation, by the name of the Wessacumcon Steam

Mills, for the purpose of manufacturing cotton cloths in the town

Powers and du. of Newbiuyport, in the county of Essex ; and for this purpose

"^** shall have all the powers and privileges, and be subject to all the

R.S. ch.38.44. duties, restrictions and liabilities, set fortl> in the thirty-eighth

and forty-fourth chapters of the Revised Statutes.

1837. Chap. 121 — 124. 767

Sect. 2. The said corporation may hold, for the purposes Estate,
a^ore-ald, real estate to the amount of fifty thousand dollai-s, and
the w jiole capital slock of said corporation shall not exceed the
amount of two hundred thousand dollars. [Jlpril 7, 1837.]

An Act to iiicorporale the West Sutton Literary Institute. f^hntt 1 '^^

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

Sect. 1. Charles H. Peabody, Samuel Waters and G. A. Persons incor-
Tourtellot, their associates and successors, are hereby made a p^''^'^'*-
corporation, by the name of the West Sutton Literary Institute,
for the purpose of promoting moral and mental culture, with all Powers and
the powers and privileges, and subject to all the duties, liabilities ^"^'^*-
and restrictions, set forth in the forty-fourth chapter of the Re- R. S. ch.44.
vised Statutes.

Sect. 2. The said corporation may hold, for the purposes Estate,
aforesaid, real and personal estate to the amount of twenty thou-
sand dollars. [Jlpril 7, 1837.]

An Act to auiliorize the Second Parish in West Newbury to sell their parsonage lands, (J/in]) 1 23
and for odier purposes. -I

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

Sect. 1. The Second Parish in West Newbury, in the Lands may be
county of Essex, are hereby authorized to empower their treas- ^^^ ^ auc ion.
urer to sell, by auction, their parsonage lands, situate in said West
Newbury, consisting of about nine acres of pasture land, and from
twelve to fifteen acres of wood land, and to make and execute a
deed or deeds to the purchaser or purchasers thereof.

Sect. 2. The proceeds of such sale shall, within two years Proceeds to be
from the passage of this act, be vested in such real estate as they '"yetted mreai
may think proper for a parsonage ; and the said parish are hereby
authorized to empower their treasuier to receive a deed or deeds
of such real estate, in the name of said parish ; and the real es-
tate so purchased shall be held by the same tenure, and for the
same purposes, as the lands hereby authorized to be sold are now
held.

Sect. 3. This act shall take eftect from and after its pass- When to take
age. [April 7, 1837.'] '^'''-

An Act to incorporate the Proprietors of the Evangelical Congregational Meeting- (^hnri'l^A.
house in Grafton. J^ *

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

Sect. 1. Albert Stone, Philip King, and Joseph Adams, Persons incor-
their associates and successors, are hereby made a corpora- po^ated.
tion, by the name of the Proprietors of the Evangelical Congre-
gational Meeting-house in Grafton, in the county of Worcester ;
with all the powers and privileges, and subject to all the du- Powers and du-
ties, restrictions and liabilities set forth in the forty-fourth chap- "®'-

768 1837. Chap. 124^127.

R. S. ch.20.44. ter of the Revised Statutes, and in the twentieth chapter of the
said Statutes, so far as the provisions of said chapter relate to the
proprietors of meeting-houses.

Estate. Sect. 2. The said corporation may have power to hold real

and personal estate to an amount not exceeding ten thousand dol-
lars : provided, the same be appropriated exclusively to parochial
purposes. [Jipril 7, 1837.]

ChCLT) 125. ^" ^'^'^ poncerning- the powers and duties of the Congregational Precinct in Roches-
..^r^n -f ^^ ter, Middleborouffh and Freetown.

1792 ch. G6. ^ .

(v. 1. p. 430.) BE it enacied by the Senate and House of Representatives ^

}\^i *^p 509 ) ^'^ General Court assembled, and by the authority of the same^

1825 ch. 41. as follows :

1826 ch. 17. rpjjg Congregational Precinct in Rochester, Middleborough
Precinct may and Freetown, may take and hold any property which may here-
hold property, after cotnc into the possession of said precinct, by taxation or

otherwise, and may manage the same in the same manner as other
parishes in this Commonwealth are by law authorized to do : pro-
vided, however, that this act shall not afiect the property already
in the hands of the trustees of said precinct, according to the pro-
visions of the forty-first chapter of the Statutes of the year one
thousand eight hundred and twenty-five. \^^pril 7, 1537.]

C^hnr} 1 '5'fi •'^" ^^^ '° incorporate the Minot Manufacturing Companj-.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the. same,
as follows :
Persons incor- Sect. 1. Marshal S. Jones, Leonard Woods, and Alvin
porated. Smith, their associates and successors, are hereby made a cor-

poration, by the name of the Minot Manufacturing Company, for
the purpose of manufacturing woollen goods in the town of En-
Powers and field, in the county of Hampshire ; and for this purpose shall
''"^^' have all the powers and privileges, and be subject to all the du-

ll, s.ch 38 44. ties, restrictions and liabilities, set forth in the thirty-eighth and

forty-fourth chapters of the Revised Statutes.
Estate. Sect. 2. The said corporation may hold, for the purposes

aforesaid, real estate to the amount of fifteen thousand dollars,
and the whole capital stock of said corporation shall not exceed
the amount of seventy-five thousand dollars. [Aprill, 1837.]

f^hnrt '\'^n ^^ ^^^ '° incorporate the Westfield While Lead Company.

•* BE it enacted by the Senate and House of Representatives,

in General Court assembled, and by the authority/ of the same,
as follows :
Persons incor- Sect.1. Scwall Dcwey, William Dewey, and Russcll Shcp-
porated. gj.^^ their associates and successors, are hereby made a corpo-

ration, by the name of the " Westfield White Lead Compa-
ny," for the purpose of manufacturing white lead in the town of
Powers and du- Russell, in the county of Hampden ; and for this purpose shall
"*'^' have all the powers and privileges, and be subject to all the du-

R. S. eh.38.44. ties, restrictions and liabilities, set forth i'n the thirty-eighth and
forty-fourth chapters of the Revised Statutes.

1837. Chap. 127—130. 769

Sect. 2. The said corporation may hold, for the purposes Estate,
aforesaid, real estate to the amount of twenty thousand dollars,
and the whole capital stock of said corporation shall not exceed
the amount of fifty thousand dollars. [^Jlpril 12, 1837.]

An Act to incorporate the proprietors of the New Bedford Rural Cemetery. (^flCtp loO.

BE it enacted bij the Senate and House of Representatives.)
in General Court assembled, and by the authority of the same,
as follows :

Sect. 1. John Perkins, Isaiah Burgess and Gideon Allen, Pers°iis incor-

1 • • 1 III • porated.

then- associates and successors, are hereby made a corporation,

by the name of the Proprietors of the New Bedford Rural

Cemetery ; and said corporation shall have all the powers and Powers and du-

privileges, and be subject to all the duties, restrictions and liabil- '^^"

ities, set forth in the forty-fourth chapter of the Revised Stat- H. S. ch. 44.

utes.

Sect. 2. The said corporation may take a deed of eift or ReaUnd per-

, • r -If .I'fii- • TA sonal estate

purchase, in tee simple ot a certain lot ot Jand, situate in Dart-
mouth, near the dividing line between said Dartmouth and New
Bedford, in the county of Bristol, and may hold the same, and
may also take and hold as aforesaid any other lands adjacent
thereto, in-fee simple, not exceeding fifty acres in addition to said
lot, for the purpose hereinafter provided ; and may also hold any
personal estate, not exceeding in value ten thousand dollars, to
be applied to the purposes connected with, and appropriate to,
the object of said establishment.

Sect. 3. The said corporation shall take and hold the land Landstobeheid
aforesaid as and for a rural cemetery or burying-ground, and for ^'|^'j^ ^^^n^^'^fy
the erection of tombs, cenotaphs, or other monuments, for or in
memory of the dead ; and for this purpose may lay out the same
in suitable lots or other sub-divisions, for family or other burying-
places, and plant and embellish the same with shrubbery, flowers,
trees, walks and other rural ornaments, and enclose and divide
the same with proper walls and enclosures, and may nfiake and
annex thereto other suitable appendages, as the corporation shall
from time to time deem expedient : and the said real estate shall
be forever held by said corporation for such purposes and for no
other ; and said corporation may grant and convey, to any per-
son or persons, the sole and exclusive right of burial, and of
erecting tombs, cenotaphs, or other monuments in any such de-
signated lots and sub-divisions ; and any right so granted and con-
veyed shall be held for the purposes aforesaid, and for none
other, as real estate, by the proprietor or proprietors thereof.

Sect. 4. All the provisions contained in the seventh, eighth fo-i' T' q}-^' "^
and ninth sections of the act of March thirty-first, in the year made appiica-
one thousand eight hundred and thirty-five, to incorporate the ''■^ to ihis
proprietors of the cemetery of Mount Auburn, in the county Qf '^^'^^ ^'^3'-
Middlesex, shall apply to and have effect as to the New Bed-
ford Rural Cemetery in the county of Bristol. [April 12, 1837.]

VOL. VII. 97

770

1837.-

•Chap. 131—133.

Chapl3\

Persons incor-
porated.

Powers and
duties.

R. S. ch. 36.

Act when to
take effect.

An Act to establish the City Institution for Savings in Lowell.

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

Sect. 1. Aaron Mansur, Jonathan Tyler and Amos Spauld-
ing, their associates and successors, are hereby made a corpora-
tion by the name of the Cit)' Institution for Savings to be estab-
lished in the city of Lowell, with all the powers and privileges,
and subject to all the duties restrictions and liabilities, set forth
in that part of the thirty-sixth chapter of the Revised Statutes
which relates to savings banks.

Sect. 2. This act shall take effect from and after the first
day of July next, [^pril 12, 1837.]

Chuj) \3'2', An Act annulling for certain purposes the charter of the Hampshire Bank.

1813 ch. 39.

1814 ch. 125.

1815 ch. 98.
1817 ch. 55.
1830 ch. 58.
Charter annull-
ed.

Bank Tax.

Stockholders'
liabilities.

Bank continued
body corporate.

Act when to
take effect.

Chap \ 33.

Persons incor-
porated.

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

Sect. 1. The charter of the President, Directors and Com-
pany of the Hampshire Bank, so far as respects the power of
loaning monies and issuing bills, shall be, and upon the petition of
said corporation, the same is hereby annulled, from and after the
third Monday of April, in the year one thousand eight hundred
and thirty-seven.

Sect. 2. The bank tax, which will become due from said
bank in the month of April in the year one thousand eight hun-
dred and thirty-seven, shall be paid to the treasurer of the Com-
monwealth, in the same manner as if this act had not been pass-
ed ; and thenceforward said bank shall be discharged from all ob-
ligations to pay any bank tax to the state.

Sect. 3. The holders of stock in said bank, shall be liable
in their individual capacities for the payment and redeiuption of
all bills, which may have been issued by said bank, and shall re-
main unpaid on the third Monday of April, in the year one thou-
sand eight hundred and thirty-seven, in the same manner as if
the period for which the charter was originally granted had ex-
pired.

Sect. 4. The said bank shall be continued a body corporate
for the term of three years, from the third Monday of April in
the year one thousand eight hundred and thirty-seven, for the
purpose of prosecuting and defending suits, and of enabling said
bank gradually to settle and close its concerns, dispose of and
convey its property, and divide its capital stock.

Sect. 5. This act shall go into operation from and after the
approval thereof, [^pril 12, 1837.]

An Act to incorporate the Franklin Manufacturing Company.

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

Sect. 1. Solomon Reed, Joseph Burton and Solomon Ara-
midon, Jr., their associates and successors, are hereby made a

1837. Chap. 133—136. 771

corporation, by the name of the Franklin Manufacturing Compa-
ny, for the purpose of manufacturing cotton and woollen goods
in the town of Rowe, in tiie county of Franklin ; and for this Powers and
purpose shall have all the powers and privileges, and be subject ""^*'
to all the duties, restrictions and liabilities, set forth in the r. s. ch. 38. 44.
thirty-eighth and forty-fourth chapters of the Revised Statutes.

Sect. 2. The said corporation may hold, for the purposes Estate,
aforesaid, real estate to the amount of fifteen thousand dollars,
and the whole capital stock of said corporation shall not exceed
the amount of forty thousand dollars. [Jlpril 12, 1837.]

An Act to authorize the Middleborough and Taunton Precinct to sell their lands. L/tiCLp lo^.

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

The Middleborough and Taunton Precinct is hereby author- Precinct author-
ized to sell, by public auction, and convey, (in such manner as iands'.°*^
said precinct shall think best,) any or all the parsonage lands be-
longing to said precinct, the proceeds thereof to be invested in
such manner as the precinct shall direct, the annual income of
such proceeds to be applied forever to the parochial purposes of
said precinct, [^pril 12, 1837.]

An Act to further regulate the Fishery in Dennis. CflttJ) 135.

BE it enacted by the Senate and House of Representatives, 1813 ch. 83.
in General Court assembled, and by the authority of the same,
as follows :

Sect. I. The committee, chosen by the inhabitants of the Committee to
town of Dennis, at their annual meeting, to regulate the fishery uftake*fishr°"*
in said town, shall, in addition to their duties now by law pre-
scribed, appoint all such suitable persons as make application,
being inhabitants of said Dennis, to catch alewives in said town,
and fix the compensation to be paid therefor.

Sect. 2. The inhabitants of said town, at their annual meet- Inhabitants to
ing, shall determine the quantity of said fish each family in said f,^y^™d g^"*"'
town shall receive, and establish the price they shall pay there- price,
for. l^pril 12, 1837.]

An Act to authorize the Proprietors of South Reading- Academy to sell and convey CHcip 1 SQ.
real estate. '^

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

Lilley Eaton, treasurer of the proprietors of the land and Treasurer may
building recently occupied and improved by the " Trustees of auction'^ani di-
South Reading Academy," or his successor in said office, is vide the pro-
hereby authorized to sell at public auction the said land and build-
ing, give valid deeds of conveyance, in behalf of the proprietors
aforesaid, to the purchasers thereof, and divide the proceeds of
such sales among the several proprietors of the property afore-
said, according to their respective interest therein. [^Jlpril 12,
1837.]

772

1837.-

Chap. 137—140.

Chap] 31.

1832 ch. 94.

1833 ch. 92.

Part of act re-
pealed.

ChapWS.

Persons incor-
porated.

Powers and
duties.

R.S. ch.S8.44,

Estate.

Chap 1.39.

Persons incor-
porated.

Powers and

duties.

R.S.ch. 38.44.

Estate.

An Act in addition to an Act establishing the Granite Bank in Boston.

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

That so much of the fourth section of the act passed March
sixth, one thousand eight hundred and thirty-two, as locates the
Granite Bank on Commercial street, as near the head of Ex-
change wharf, so called, as conveniently may be, be and the
same is hereby so far lepealed, that said bank may be located in
any place in the city of Boston. [April 12, 1837.]

An Act to incorporate the South Boston Steam Mill Company.

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

Sect. 1. Ebenezer Stevens, Josiah Dunham and James
Reed, their associates and successors, are hereby made a manu-
facturing corporation, by the name of the South Boston Steam
Mill Company, for the purpose of sawing and manufacturing ma-
hogany and other kinds of wood, in South Boston, in the coun-
ty of Suffolk ; and for this purpose shall have all the powers and
privileges, and be subject to all the duties, restrictions and liabil-
ities, set forth in the thirty-eighth and forty-fourth chapters of the
Revised Statutes.

Sect. 2. The said corporation may hold, for the purpose
aforesaid, real estate to the amount of fifty thousand dollars, and
personal estate to the amount of one hundred thousand dollars.
[April 12, 1837.]

An Act to incorporate Ihe Verd Antique Marble Company.

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

Sect. 1. Thon)as Pratt, Joshua Hewes and James C.
Nichols, their associates and successors, are hereby made a cor-
poration, by the name of the Verd Antique Marble Company,
for the purpose of quarrying and manufacturing marble in the
town of Lynnfield, in the county of Essex ; and for these pur-
poses shall have all the powers and privileges, and be subject to
all the duties, restrictions and liabilities, set forth in the thirty-
eighth and forty-fourth chapters of the Revised Statutes.

Chcil) 14t0. An Act to incorporate the Boston and Portsmouth Steam Boat Company.

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

Sect. 1. Isaac W. Goodrich, Thomas Howes and John
Welch, their associates and successors, are hereby made a cor-

Persons incor-
porated.

1837. Chap. 140—142. 773

poration, by ibe name of the Boston and Portsmouth Steam
Boat Com|)any, for the purpose of running one or more steam
boats, lor the convenience of the public travel, and the transpor-
tation of merchandize, between Boston and Portsmouth and ihe
intervening places ; and, for this purpose, shall l)ave all the powers powers and du-
and privileges, and be subject to all the duties, restrictions and i'^^-
liabilities, set forth in the thirty-eighth and forty-fourth chapters R. s. ch.38.44.
of the Revised Statutes.

Sect. 2. Said company may, for the purposes above men- Estate,
tioned, purchase, hold and convey, real estate to the value ot
twenty-five thousand dollars, and personal estate, not exceeding
the value of sevenly-five thousand dollars.

Sect. 3. The capital stock of said company shall be divided Shares.
into shares of one hundred dollars each, [^pril 12, 1837.]

An Act to incorporate the Boat Meadow River Company. Ky 11(11) 1 4^.

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

Sect. 1. Winslow L. Knowles, Joshua P. Atwood and Ira Pcs^^s incor-

• 1 111 poraled.

Mayo, their associates and successors, are hereby made a cor-
poration, by the name of the Boat Meadow River Company, Powers and du-
with all the powers and privileges, and subject to all the duties, i^^'^g,,!, 44
restrictions and liabilities, set forth in the forty-fourth chapter of
the Revised Statutes.

Sect. 2. Said corporation may purchase and hold, in fee Real estate in
simple or otherwise, all or any part of the real estate, with the *" ^^'""
privileges and appurtenances thereto belonging, lying in Eastham
in the county of Barnstable, bounded and described as follows,
10 wit : beginning at a stone by the north side of the road in Boundaries.
John Doane's range near high water mark ; thence northwesterly
thirty-three rods to a stake and stone ; thence northwest by west,
across said river to a stake and stone, five rods west of said river ;
thence west over the sedge ground to a point, eighty rods to the
westward of the sedge ground ; thence south by west, forty rods ;
thence easterly to the cart-way, on ihe south of said river ;
thence easterly by the north side of said cart-way, to the entrance
of the main road ; thence northerly to the first mentioned bound ;
and the said corporation may, within the limits aforesaid, straighten,
widen and deepen said river, and may erect a dam across the
same, on the northerly part of the premises aforesaid, with a gate
or gates and a sluice-way, and slop the water above the dam at
high tide, and let it off at low tides ; and may build wharves,
docks and stores, and receive dockage and wharfage, for vessels
laid at their wharves and docks ; and make conveyances of their
corporate property, lease, manage or improve the same as they
shall deem expedient.

Sect. 3. Said corporation may divide their capital stock shares and
into any number of shares not exceeding two hundred, subject to assessments,
assessment not exceeding fifty dollars in the whole on each share.
l^pril 12, 1837.]

774

1837.-

-Chap. 143—144.

ChapUS.

1822 ch 43.

1823 ch. 137.
138.

1826 ch. 101.

Medical de-
grees.

Privileges of
graduates.

Board of over-
seers.

Powers of said
board.

Act may be al-
tered.

Repeal of
1823 ch. 137.

Chap\U.

1833 ch. 153.

Capital stock
increased.

An Act in addition to an Act to incorporate the Berkshire Medical Institution.

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

Sect. 1. All medical degrees conferred upon the students
in the Berkshire Medical Institution, may be conferred by the
president, trustees, and faculty, under the same rules and restric-
tions as are adopted and recognized in conferring degrees of the
same nature by Harvard College.

Sect. 2. Any person who shall be graduated a doctor in
medicine, in the Berkshire Medical Institution, shall be entitled
to all the rig[)ts, privileges and immunities granted to the medical
graduates of Harvard College.

Sect. 3. There shall be a board of overseers of the said
Berkshire Medical Institution, which shall consist of the trustees
of the said institution, the president and secretaries of the Massa-
chusetts Medical Society, the senators of the Commonwealth
from the four western districts thereof, for the lime being, ex-
officio ; and the following persons, and their successors, to be
chosen as herein after provided, to wit : Edward A. Newton,
•lulius Rockwell and Robert Campbell of Pittsfield, Charles
Sedgwick and George I. Tucker of Lenox, Henry L. Sabin of
Williamstown, Asa G. Welch of Lee, James C. Alvord of
Greenfield, Thomas Longley of Hawley, Solomon Reed of
Rowe, Elisha Leffingwell of Montague, Jose])h H. Flint and
Elisha Mather of Northampton, Elisha Edwards of Southampton,
Gardiner Dorrance of Amherst, George Ashmun of Springfield,
and William G. Bates of Westfield ; which board shall meet
each year at the annual commencement of said institution, and at
such other times, and upon such notice, as they may prescribe ;
and ten members of said board shall constitute a quorum.

Sect. 4. The said board of overseers shall have the same
power and authority in relation to said institution, as belong to
the overseers of Harvard College in relation to the said college ;
and any vacancy that may occur therein, by the death or resigna-
tion of members not designated by their office, shall be filled at
any legal meeting thereof, by the board : provided^ that in such
election the trustees of said institution shall not be entitled to
vote.

Sect. 5. The Legislature shall have the power, at any time,
to alter or repeal this act.

Sect. 6. An act in addition to "an act regulating the prac-
tice of physic and surgery," approved by the governor on the
twenty-first day of February, in the year one thousand eight hun-
dred and twenty-four, is hereby repealed. \Jipril 12, 1837.]

An Act to increase the Capital Stock of the Northampton Bank.

BE it enacted by the Senate and House of Representatives,
in Gerieral Court assembled, and by the authority of the same,
as follows :

Sect. 1. The President, Directors and Company of the
Northampton Bank, are hereby authorized to increase their pres-

1837. Chap. 144—149. 775

ent 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 as the president and directors of said
bank may direct and determine : provided, that the whole amount
shall be paid in, on or before the first Monday of October next.

Sect. 2. The additional slock aforesaid shall be subject to Tax, &c.
the like tax, regulations, restrictions and provisions, to which the
present capital stock of said corporation is now subject.

Sect. 3. Before said corporation shall proceed to do bu- Certificate,
siness 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 the Commonwealth.

Sect. 4. This act shall take effect from and after its passage. When to take
l^pril 12, 1637.] '^'''-

An Act to incorporate the Goulding Patent Bale Hope Manufacturing Company. OIlCip 145.

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

Sect. 1. Isaac Thayer, John Goulding, Daniel Perkins, ^„7^°e"j' '"•="'•
their associates and successors, are hereby made a corporation,
by the name of the Goulding Patent Bale Rope Manufacturing
Company, for the purpose of manufacturing bale rope in the towns
of Roxbury and Brookline, in the county of Norfolk ; and for
this purpose shall have ail the powers and privileges, and be sub- Powers and
ject to all the duties, restrictions and liabilities, set forth in the '^"^'es-
thirty-eighth and forty-fourth chapters of the Revised Statutes. R. s. ch.38 4-1.

Sect. 2. The said corporation may hold, for the purpose Estate,
aforesaid, real estate to the amount of fifteen thousand dollars, and
the whole capital stock of said corporation shall not exceed fifty
thousand dollars, [^pril 12, 1837.]

An Act concerning the rate of toll on the Chester Turnpike. Ch(lJ) 1 48.

BE it enacted by the Senate and House of Representatives, I802 ch. lOo.
in General Court assembled, and by the authority of the same, ^jgQ^'Jjj ]^^'^
as follows: (v3. p. 223.)

The Chester Turnpike Corporation are hereby empowered to To'iis'^for^waa-.
demand and receive six and one quarter cents, and no more, for on s drawn by
wagons drawn by one horse, over their road, and through their ^"^ ''°''^^-
gate. lApril 12, 1837. J

An Act to incorporate the Norton Manufacturing Company. CKctp 149.

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

Sect. 1. Sainuel Crocker, Charles Richmond, and Albert Person^ incor-
Barrows, their associates and successors, are hereby made a ^°^^ '^
manufacturing corporation, by the name of the Norton Manufac-
turing Company, for the purpose of manufacturing cotton goods, in
the town of Norton, in the county of Bristol ; and for this purpose Powers and du-
shall have all the powers and privileges, and be subject to all the

116 1837. Chap. 149—152.

R. s. ch. 38. 44. duties, restrictions and liabilities, set forth in the thirty -eighth and
forly-foLirth chapters of the Revised Statutes.

Estate. Sect. 2. The said corporation may hold, for the purpose

aforesaid, real estate to the amount of fifty thousand dollars, and
the whole capital stock of said corporation shall not exceed one
hundred thousand dollars, [^pril 12, 1837.]

C^hnt) 1 ^0 ^'^ Act to incorporate the Conway Mills.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the aiithority of the same,
as follows :
Persons incor- Sect. 1. Asa Howland, George Rogers, Eliphaz Morse,
poraied. j[jgj|. associates and successors, are hereby made a corporation,

by the name of the Conway Mills, for the purpose of manufac-
turing cotton goods and machinery, in the town of Conway, in the
Powers and du- counly of Franklin ; and, for these purposes, shall have all the
'■'^^- powers and privileges, and be subject to all the duties, restric-

R. S.ch.38.44. tions and liabilities, set forth in the thirty-eighth and forty-fourth

chapters of the Revised Statutes.
Estate. Sect. 2. The said corporation may hold, for the purposes

aforesaid, real estate to the amount of twenty thousand dollars, and
the whole capital stock of said corporation shall not exceed sev-
enty thousand dollars. [Jlpril 12, 18.37.]

C^hnn 1 ^^ ^" ^^"^ '" ^dtl'lio" to "An Act to establisii the Eastern Rail-road Company."

18.^6 ch. 232. BE it enacted by the Senate and House of Representatives,

in General Court assembled, and by the authority of the same,
as folloios :
Company may Sect. 1. The Eastern Rail -road Company is hereby author-
aiteriineof jzed to alter the line of said road, as described in the act to which
this act is in addition, by striking out all that part of the descrip-
tion of said line between a point situate southerly of " Castle
hill," so called in Salem, to a point near the southerly bank of
an arm of Bass river, in Beverly, and substituting therefor the
following line, viz : beginning at a point eight hundred feet from
the easterly end of the line described in the act to which this is
in addition, as running " north, thirty-four degrees east, about
fifty-six hundred and eighty-nine feet, to a point at or near Castle
New line de- hill, SO called." The new line is to be as follows : ihence north-
iciibed. easterly, about one thousand feet, by a curve of twenty-eight hun-

dred and sixty-five feet radius, to the edge of the City mill pond ;
thence north, thirteen degrees east, about twenty-seven hundred and
fifty feet, to a point fourteen feet from the southwesterly corner of
the City mill building, and bearing therefrom north, eighty-seven
degrees west ; thence northerly, about six hundred feet, by a re-
versed curve of fourteen hundred and thirty-two feet radius, to a
point in Washington street, forty feet from the northeast corner
of a house owned by Charles Lawrence, bearing therefrom north,
seventy-eight degrees east ; thence north, two degrees east, about
twelve hundred feet, through Washington and Court streets, to a
point in Court street, thirty-nine feet from the northeast corner of
house occupied by Loammi Coburn, and owned by city of Sa-

1837. Chap. 152. 777

lem, bearing therefrom north, seventy-two and a half degrees
east ; thence northeasterly, about twelve hundred feet, by a re-
versed curve of about one thousand, and fourteen hundred and
thirty-two feet radii, to a point on the flats of the right bank of
North river ; thence about north, thirty degrees east, three thou-
sand feet, running westerly of Bridge street ; thence northeast-
erly, by a curve of three thousand feet radius, about five hundred
and fifty feet, to a point near the right bank of North river, op-
posite the town of Beverly ; thence about north, twenty-three
degrees east, four thousand one hundred feet, crossing the North
river westerly of Beverly bridge ; thence notheasterly, by a curve
of fifty-seven hundred and thirty feet radius, about seventeen hun-
dred feet, to a point in the line described in the act to which this
is in addition, as running " north, eight degrees east, about eleven
thousand two hundred and thirty-four feet, to a point near the
house of J. Sheldon," where the said last mentioned line inter-
sects the southerly bank of an arm of Bass river. And said
company are hereby authorized to construct their rail-road on or
near the line so substituted : provided, however, that, in making Conditions to
said alteration, the following conditions shall be observed by said be observed by

_ ' ~ . . . r CI 1 1 II I ^"e company.

company : r orrester street, m the city ot fealem, shall not be
lowered more than eighteen inches below its present grade or
height. If, in the construction of the rail-road, it shall be found
necessary to remove the city hay scales, in Forrester street, said
scales shall be rebuilt at the expense of the rail-road corporation,
in a place, and in a manner satisfactory to the city government.
If, in the construction of the rail-road, the public cisterns shall
be destroyed, new ones shall be built at the expense of said cor-
poration, in the nearest convenient place or places, under the di-
rection of the proper city authorities, and to the satisfaction of the
city government ; and if any drains or sewers shall be destroyed,
other convenient drains or sewers shall be laid by said corpora-
tion. No part of Essex street shall be raised more than two feet
and one half above its present grade, and no part of Norman
street shall be lowered more than five feet ; and all the streets
which shall be dug up, excavated or altered in constructing said
rail-road, shall be put into good order, and graded, fenced,
guarded and furnished with gates in the best and most convenient
manner by said corporation, under the direction of the city gov-
ernment, and to their satisfaction. The openings in Court street
shall not exceed four in number, eight feet in width, ten feet in
length ; they shall be surrounded by iron railings, to the satisfac-
tion of the city government, and lamps shall be provided and al-
ways lighted at night, at each opening, at the expense of said cor-
poration, under the direction of the proper city authorities, and
to their satisfaction. If, as is now proposed, the south entrance
of the tunnel shall be only five feet from the north end of Caleb
Webster's shop, then a covering shall be provided for a distance
of twenty-five feet, from that end of the tunnel in Washington
street, and a covering shall be provided for said rail-road, for a
distance of at least thirty feet from Essex street. The store be-
voL. VII. 98

778

1837.-

-Chap. 152.

Road may be
constructed
through Salem
in compliance
with the forego-
ing conditions.

Time extended.

Proviso.

Subscription for
shares by East
Boston Compa-
ny.

Repeal.

When to take
eflfect.

longing to John Daland, the Henfield house, the house of Jona-
than Haradan, and the buildings called the Marston stores, shall
be removed by said corporaiion, and all the lands under and ad-
joining, and belonging to said buildings, shall be kept open and
unenclosed for the widening of Washington street, except such
part thereof as shall be actually taken and used by said corpora-
tion for their road. The cuts at each end of the tunnel shall be
secured by an iron railing or fence, to be erected by said corpo-
ration, to the satisfaction of the city government. And said com-
pany is hereby authorized to lay out and construct their road
through the city of Salem, of such width, and in such manner as
to enable them to comply with all the foregoing conditions. And
said company shall not be required to construct a draw across
Salem South river, but said corporation shall be required to con-
struct a passage way under their rail-road, in Salem South
river, of at least eighteen feet in width, for the passing and re-
passing of rafts, boats and other craft. And said company are
hereby required to file a location of the line of said road, between
the South river in the city of Saletn, and the New Hampshire
line, within two years from the passage of this act.

Sect. 2. For the purpose of constructing said rail-road from
the South river in the city of Salem to the town of Newburyport,
an extension of time of five years from the first day of Septem-
ber, in the year one thousand eight hundred and forty, is hereby
granted to said company : provided Jioivever^ that if a rail-road shall
be constructed from Portsmouth, in New Hampshire, to the boun-
dary line between New Hampshire and this Commonwealth, so
as to meet the line of the rail-road of said Eastern Rail-road Com-
pany, the said company shall be required to construct their rail-
road to the extent provided in the first section of the act to which
this is in addition, within one year from the time when such road
from Portsmouth shall have been constructed.

Sect. 3. The president and directors of the said Eastern
Rail-road Company are hereby authorized to permit the East Bos-
ton Company, by its president, to subscribe for, purchase and
hold such a number of shares as a majority of the directors of
said East Boston Company, shall think prudent and expedient,
in the capital stock of the said Eastern Rail-road Company, and
the said East Boston Company is hereby authorized to subscribe,
purchase, pay for and hold the same, whenever a majority, in in-
terest, of the stockholders in the last named company shall con-
sent thereto.

Sect. 4. So much of the act, to which this is in addition,
as authorizes the said Eastern Rail-road Company, to locate a
part of their road over the North River easterly of Beverly
bridge, be, and the same is hereby repealed.

Sect. 5. This act shall take effect from and after its passage.
[April 12, 1837.] Add. act, 1837 ch. 190.

1837. Chap. 153—154. 779

An Act in addition to " An Act to authorize the widening of Choate's Bridge over (Jfidn \ 53»
Ipswich River, in the county of Essex." -«

BE it enacted by the Senate and House of Representatives, '^ ' '
in General Court assembled, and by the authority of the same,
as follows :

The county commissioners for the county of Essex, in widen- Commissioners'
ing said bridge, shall have and exercise all the powers conferred ^^ide^ninff"
upon county commissioners by the twenty-fourth chapter of the bridge.
Revised Statutes, except that one half at least of the expense of
making said widening, and such further sum, if any, as said com-
missioners for said county shall deem proper, shall be paid out of
the treasury of said county, any thing in said act to which this is
in addition to the contrary notwithstanding, [^pril 13, 1837.]

An Act to establish the Granite Bridge Corporation. CflCtp 1 54i.

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

Sect. 1. Edward Glover, Thomas Taylor and Lewis Persons incor-
Pierce, their associates and successors, are hereby made a cor- P"""*'^^-
poralion, by the name of " The Proprietors of the Granite
Bridge ;" with all the powers and privileges, and subject to the Powers and
liabilities, contained in the forty-fourth chapter of the Revised ^"'s.^ch. 44.
Statutes.

Sect. 2. Said corporation is hereby authorized to locate. Construction of
build and construct, or to cause to be built and constructed, a amho^lzed." °^
road, beginning at a point on the old county road at or near the
store of I. Babcock, Jr., in the town of Milton, in the county of
Norfolk ; thence running north ten and three quarters degrees
west, about two hundred and seventy-two rods ; thence turning
and running north nineteen degrees west, about fifty-six rods ;
thence turning and running north twenty-five and a half degrees
west, about one hundred and twenty-eight rods, to the Neponset
river ; and to locate, build and construct a bridge across said
river, in continuation of said last mentioned line of said road to
Dorchester, in said county of Norfolk ; and thence to continue
said road running north eight and three quarters degrees west,
about one hundred and eight rods to^he lower road in Dorches-
ter, so called, on or near the land of Rev. Ephraim Randall :
said bridge to be built and constructed with a good and sufficient Draw and piers,
draw, of thirty-one feet in width ; said draw to be located by
commissioners, to be appointed by the governor, with advice of
council, at the expense of said corporation ; and shall erect a
wharf or pier near said draw, on each side of said bridge, for the
accommodation of vessels passing through the same ; said draw
and said wharves to be planked upon the inside, from the top of
low water to the top of said draw and wharves ; said wharves to
be at the southerly end of said bridge, and to extend seventy-five
feet in length on each side of said draw in a straight line with the
southerly side of said draw ; and said bridge, together with the
wharves and piers, shall be built of good and sufficient materials ;
the bridge not to be less than thirty feet in width.

780

1837.-

■Chap. 154.

Duties of cor-
poration.

Width, &c., of
road.

Rates of toll.

When bridge
shall revert to
Common-
wealth.

Shares.

Statements of
expenses and
income to be

Sect. 3. That said corporation shall be held liable to keep
said bridge and draw in good repair, and to raise the draw, and
aiford all necessary and proper accommodation to vessels having
occasion to pass the same, by day or by night ; and shall keep a
sufficient light for vessels at said draw ; and if any vessel shall be
unreasonably delayed or hindered in passing said draw, by the
negligence of said corporation or their agents in discharging the
duties enjoined by this act, the owners or commanders of such
vessels may receive reasonable damages therefor, of said corpora-
tion, in an action on the case, before any court proper to try the
same ; and on one side of said bridge there shall be an inside
railing, five feet distant from the outside railing, for the safety of
passengers.

Sect. 4. The said corporation may lay out their road on the
upland not less than three, and not more than four rods wide, and
on the marsh not less than five, and not more than six rods wide,
and may purchase or take land and gravel for the construction
thereof, in the same way and manner as rail-road corporations are
allowed to do, by the thirty-ninth chapter of the Revised Statutes ;
and said corporation shall be holden to pay for all damages to any
and all real estate which shall be laken for the use of said road or
bridge, which damages shall be estimated and assessed as is pro-
vided in the twenty-fourth chapter of the Revised Statutes, on
highways.

Sect. 5. That for the purpose of reimbursing the said pro-
prietors for the money expended and to be expended in building
and supporting said road and bridge, a toll be and hereby is
granted ibr the sole benefit of said proprietors, according to the
rates following : for each person and horse, three cents ; for each
horse and cart, or wagon, four cents ; for each team drawn by
more than one beast, five cents ; for each horse and chaise, or
sulkey, six cents ; for each horse and sleigh, four cents ; for
each coach, chariot, phaeton or curricle, ten cents ; for each man
and wheelbarrow, one cent ; for each horse and neat cattle, ex-
clusive of those in teams, or rode on, one cent : the said toll to
commence from the time when said road and bridge shall be
open for travel, and to be demanded only for passing over said
bridge ; and when said proprietors shall be reimbursed the money
by them expended in and about the building said road and bridge,
and other necessary expenses, with six per cent, annual interest
thereon, which expenses shall not include the compensation of
any officer of the corporation, except the treasurer, then the said
bridge shall revert to and become the property of the Common-
wealth, and shall be surrendered by said proprietors, in good
repair, and the obligations herein imposed on said corporation
shall then cease.

Sect. 6. The stock of said corporation, shall be divided into
three hundred shares ; and no assessments shall be laid on said
shares over and above the sum of fifty dollars on eaph share.

Sect. 7. It shall be the duty of said proprietors as soon as
said road and bridge are completed, to make to the Governor

poraled.

Powers and du-
ties.

1837. Chap. 154—156. 781

and Council an exhibit of the cost of the same, which shall not "^^^^ to Gov-
exceed the sum ot fifteen thousand dollars ; and, on the second cii.
Monday of January, annually, to exhibit as aforesaid, a statement
of ilie profits accruing from tlie toll, stating particularly the amount
of money received, and the amount expended ; the expenses in
no case to exceed fifteen hundred dollars annually ; all said state-
ments to be sworn to by the treasurer ; and if said corporation
shall not, within three years from the passing of this act, locate,
construct, build and complete said bridge, agreeably to the pro-
visions of this act, then this act shall be null and void. [April 13,
1837.]

An Act to incorporate tlie Hopkinton Springs Company. C-'flUP 1 55.

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

Sect. 1. Henry Rice, J. W. Paige, William Hales, Eli- ^;^;ffj'j '"'=°'''
phalet Williams and Michael Mellen, their associates and suc-
cessors, are hereby made a corporation, by the name of the Hop-
kinton Springs Company, to provide suitable accomniodaiions for
persons resorting to the Springs in Hopkinton ; and for this pur-
pose shall have all the powers and privileges, and be subject to
all the duties, restrictions and liabilities, contained in the thirty- • • '^ • • •
eighth and forty-fourth chapters of the Revised Statutes.

Sect. 2. Said company may hold, for the purposes aforesaid, Estate,
real estate to the amount of forty-five thousand dollars, and the
whole capital stock of said company shall not exceed sixty
thousand dollars ; provided, however, that no assessments shall be
laid upon any share in said corporation of a greater amount in the
whole than two hundred dollars.

Sect. 3. Said company shall never permit the sale of any Sale of ardent
ardent spirits or other intoxicating drinks upon the real estate ?P'^'^^ prohib-
occupied by them for the purposes aforesaid. [^April 13, 1837.]

An Act auiiiorizing the County Commissioners for the county of Essex, to lay out a dldT) 156.
Road and construct a Bridge across Little River, in the town of Gloucester. -^^

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

The county coinmissioners for the county of Essex are hereby County Com-
empowered, if, in their opinion, the j)ublic necessity and conve- Jhori'zed to^ay
nience require it, to lay out a road or highway in the town of out road.
Gloucester, commencing near the gate on the way leading to the
house of Zebulon Stanwood ; thence passing through said Stan-
wood's land to Little River ; thence across said River to Eve-
lith's point, so called ; thence passing through land belonging to
the estate of William Preston, deceased, and others, to the main
road, near the house of Peter R. Dennen ; and provide for the
construction of a bridge over said river : provided, hoxcever, that Proviso,
said county commissioners shall cause a sufficient draw to be
made in said bridge for the passage of vessels through the same ;
and provided, further, that in laying out and constructing said

782

1837.-

-Chap. 156—159.

Chap 159.

Persons incor-
porated.

Powers and du-
ties.

R. S. ch.44.

Forfeitures for
taking fisli
without permis-
sion.

Damagres.

Crossing of
higliways.

Owners of ad-
joining land
may become
members.

road and bridge, said commissioners shall, in all respects, pro-
ceed as is now provided by law for laying out and constructing
county roads. [April 13, 1837.]

An Act to incorporate the Rock Harbor Fishing Company in Orleans.

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

Sect. 1. Richard Sparrow, Ira Mayo and Timothy Smith,
their associates and successors, are hereby made a corporation,
by the name of the Rock Harbor Fishing Company in Orleans,
ni the county of Barnstable ; and are empowered to open the
stream running from Tan Pond, (so called,) to the n)outh of
Rock Harbor in said Orleans, so far as is necessary for the pur-
pose of an alewive fishery, and to regulate the same ; and also
to erect a fish wear on the north side of Nanwicoit river in said
Orleans, in Meeting-house pond, (so called,) where said river
and pond adjoin the land of Isaac Doane, and, for this purpose,
shall have all the powers and privileges, and be subject to all the
duties, restrictions and liabilities, set forth in the forty-fourth
chapter of the Revised Statutes.

Sect. 2. If any person, without the permission of the cor-
poration, shall take, catch or haul on shore any alewives in said
Tan Pond or stream, he shall forfeit and pay, for the use of said
corporation, a sum not exceeding two dollars, if the quantity so
taken be less than one barrel, but if the quantity taken be more
than one barrel, the person so ofi^ending, shall forfeit and pay, for
each barrel of fish so taken, five dollars ; or if any person shall
take any fish from said wear, without permission of said corpora-
tion, he shall forfeit and pay a fine not exceeding five dollars if
the quantity so taken be less than one hundred pounds, but if the
quantity so taken exceed one hundred pounds, he shall forfeit and
pay five dollars for every hundred pounds so taken ; to be recov-
ered in any court proper to try the same.

Sect. 3. If any dan)age shall be done by said corporation
to the property of any individual, not a member of said corpora-
tion, such individual shall be entitled to reasonable damage to be
estimated in the same manner as damages happening in the laying
out of highways.

Sect. 4. If said corporation shall, in the prosecution of
their work, cross any highway, they shall do it in such a manner
as shall not unreasonably incommode the travel on said way, and
siiall leave said way in as good repair as it was before the altera-
tion or crossing of the same.

Sect. 5. All persons who now are, or shall hereafter be
owners of land adjoining said Tan Pond and stream running
therefrom to the mouth of Rock Harbor, may become men)bers
of said corporation, subject however to pay their proportional
part of the expenses which shall have been incurred by said cor-
poration, before the time of their admission. ' [April 13,
1837.]

1837. Chap. 160. 783

An Act lo incorporate the Cambridgeport Aqueduct Company. {^hftT) 1 60

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

Sect. 1. William Fisk, Aaron Rice and John Skinner, Persons incor-
their associates and successors, are hereby made a corporation, porai^^f^-
by the name of the Cambridgeport Aqueduct Company, with all
the powers and privileges, and subject to all the duties, liabilities duties.
and provisions, set forth in the forty-fourth chapter of the Revis- 11. S. ch.44.
ed Statutes.

Sect. 2. The capital stock of said company shall consist of Capital stock,
three hundred shares, and no assessments shall be laid thereon of
a greater amount, in the whole, than one hundred dollars on each
share.

Sect. 3. The said corporation is hereby authorized and em- Corporation au-

di J • . ■ •. • J » r .1 tlionzed to lake

to lay and maintain its pipes or aqueducts Irom the ^^^^^ ^„j jgy

spring or springs of water in land formerly of Jonathan Ireland, pipes.
at or near Prospect Hill, in Chailestown, through the town of
Charlestown and into and through the town of Cambridge, in the
county of Middlesex ; also such pipes or aqueducts as the said
corporation may deem needful for conveying and distributing said
water in Charlestown and Cambridge aforesaid ; and to this end
may take and hold any lands necessary for laying such aqueducts,
and may purchase and hold springs of water and reservoirs and
erect such buildings, and establish and maintain such machinery,
as may be necessary to carry into effect the objects of this act :
and if the proprietors of lands, which said corporation may take
for the purpose of laying pipes or conductors of water, do not
agree with said company on the price to be paid therefor, any Assessment of
such proprietor may have the damages assessed in the manner ^^'^as^*-
provided in the one hundred and sixteenth chapter of the Revis- R. S.ch 116.
ed Statutes ; and the said corporation, in all cases where it does
not acquire title to land for the purpose of laying and maintain-
ing such pipes, or to a privilege or easement for that purpose,
shall cause a certificate, describing the land so taken, to be sign-
ed by the president of said coiporation, and recorded in the re-
gistry of deeds in said county of Middlesex.

Sect. 4. The said corporation is hereby authorized and em- Pipes how laid
powered to lay and maintain its pipes or aqueducts under or over across ways,
any rail-road, canal, highway or street : provided, always, that
the same be done in such manner as not to obstruct or impede
the passing thereon. And the said corporation, in laying its pipes
or aqueducts, through the highways and streets of Charlestown
and Cambridge aforesaid, and in repairing the same from time to
time, shall not unnecessarily obstruct any highway or street, and
in every case of the removal of any earth or pavement in any
such highway or street, the said corporation shall cause the earth
to be replaced, and the pavement to be laid anew, so that every
such highway or street shall be in as good condition as the same
was in before such removal.

784 1837. Chap. 160—161.

Water may be Sect. 5. The said pipes and aqueducts shall be so laid and
used for the ex- constructed in said Charlestown and Cainbridsie, that water can

tinguishmeut of , r r , • ■ i P c j . u

fires. be diawn thereirom lor the extinguishment ol tires, and to be

used by persons thereto authorized by said respective towns, and
free access shall be had thereto for that purpose ; and for that
purpose each of said towns may, at its own cost, place all proper
and necessary fire-plugs and fixtures upon any pipes or aqueducts
of said corporation, at as many different places in the several
streets and highways as the selectmen of said towns respectively
Proviso. gj^f,]! deem needful : provided^ that the said fire-plugs and fixtures

shall not be used for the purpose of drawing water from said
pipes, for any other use than the extinguishment of fires ; and
shall be so constructed as to prevent the water in the pipes from
running to waste ; and the said corporation shall not demand or
receive any compensation for water taken for the extinguishment
of fires as aforesaid.
Forfeitures and Sect. 6. If any person shall wilfully and maliciously defile,
penalties for corrupt, or make impure, any spring or other source of water, or
malicious niju- j-gservoir, used by said corporation as aforesaid, or destroy or in-
jure any pipe, aqueduct, machinery, or other property of said
corporation, such person, and all who shall aid or abet in such
trespass, shall forfeit, to the use of said company, for every such
offence, treble the amount of damages which shall appear on the
trial to have been sustained thereby ; and may further be punish-
ed by a fine not exceeding one thousand dollars, or may be im-
prisoned for a term not exceeding one year.
Sale of the Sect. 7. The said corporation is hereby empowered to sell

using water '•^^ privilege of using the water which may be conducted as
aforesaid, to any corporation or person, such contracts to con-
tinue for no longer term than three years : provided, that no com-
pensation shall be taken for the use thereof for the extinguish-
ment of fires as aforesaid ; and the said corporation, or its di-
rectors, may make all reasonable rules and regulations, as to
the manner and the times in which said water may be taken and
used.
Records and Sect. 8. The said Corporation shall cause a true and faithful

accounts. record of its proceedings, and just and accurate accounts to be

kept, which record and accounts shall be subject at all times to
the inspection of any committee appointed by the General Court ;
and all officers and agents of said corporation shall be liable to
examination on oath by such committee, [^pril 13, 1837.]

i^tlCtp i O I . An Act to incorporate the Boston and New York Coal Mining Company.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same^
as follows :
^orated '"*^*"^' Sect. 1. Isaac F. Williams, Edwin Barnes and John Lil-
ley, their associates and successors, are hereby made a corpora-
tion, by the name of the Boston and New York Coal Mining
Company, for the purpose of digging for, raising 'and vending
metals, coals and other minerals, and carrying on the different

1837.- Chap. 161—162. 785

branches of the mining business, in the counties of Bristol, Nor- Powers and
folk and Suffolk ; and for these purposes shall have all the pow-
ers and privileges, and be subject to all the duties, restrictions r. s. ch. 38. 44.
and liabilities set forth in the thirty-eighth and forty-fourth chapters
of the Revised Statutes.

Sect. 2 The said corporation may hold, for the purposes Estate,
aforesaid, real estate to the amount of one hundred thousand dol-
lars ; and the whole capital stock shall not exceed two hundred
thousand dollars. [April 13, 1837.]

An Act to incorporate the Berkshire Rail-road Company. C^UCip \o2>t

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

Sect. 1. Robert F. Barnard, Wilbur Curtis and Increase Persons incor-
Suinner, their associates and successors, are hereby made a cor- P*''"^'^ •
poration, by the name of the Berkshire Rail-road Company ;
with all the powers and privileges, and subject to all the duties, Powers and du-
restrictions and liabilities, set forth in the forty-fourth chapter of
the Revised Statutes, and in that part of the thirty-ninth chapter R. S. ch. 39. 44.
of said statutes relating to rail-road corporations.

Sect. 2. The said company may construct a rail-road, com- (Construction

, , ,. r I • /^i 1 I • 1 c and route of

mencmg on the south line ol this Oommonwealtn, in the town ot ^oad.
Sheffield, near Ashley's mills ; thence running northerly to a
point near the junction of the Litchfield and Hartford turnpikes ;
thence northerly, near the road leading from said junction to the
village of Sheffield ; and, passing said village, near the meeting-
house, and continuing northerly, and running near the road lead-
ing from Sheffield to Great Barrington village, to a point near
the meeting-house in said village ; thence northerly, running near
the road leading from said village to Van Deusenville, to a point
near the chapel in said Van Deusenville ; thence northerly, run-
ning near the road leading from Van Deusenville to Housatonic-
ville, to a point near the factory of the Housatonic manufactur-
ing company ; thence northerly, passing near the dwelling-house
of Ebenezer Pope, in the town of West Stockbridge, to the
valley of Williams river, in said West Stockbridge ; thence
northerly, through said valley, to a convenient point at or near
the village of West Stockbridge, for its intersection with the
West Stockbridge rail-road, or with the Western rail-road. Or
said company, with the consent of the county commissioners of
the county of Berkshire, may commence their rail-road at any
point within said town of Sheffield, west of the southern termi-
nus at Ashley's mills ; thence running northerly in the most eli-
gible route, to a point in the route above indicated, at or south-
erly of Great Barrington village.

Sect. 3. The capital stock of said corporation shall not ex- Capital stock,
ceed eight hundred thousand dollars, and shall be divided into
shares of one hundred dollars each ; and said corporation may
invest and hold such part thereof in real estate, as may be neces-
sary and convenient for the purposes of their incorporation.

VOL. VII. 99

786 1837. Chap. 162—163.

TheW. R. R. Sect. 4. The Western jail-ioad Corporation may unite with

Corp. may pur- • j -i • - ■ i t-« i i • -i j

chase part of Said rail-roau, by purcliasing ot said Berkshire rail-road corpora-
''°^'^- tion all that part of their road north of the point of union ; pay-

ing to said Berkshire rail-road corporation the cost of the part
so purchased, with interest at six per cent, from the time of pay-
ment thereof, by the stockholders, to the time of such purchase ;
reserving to said Berkshire rail-road corporation the right of using
the same, by paying to the Western rail-road corporation such toll
as by law may be prescribed.
Conditions of Sect. 5. If the said corporation be not organized, and the
this Act. location of their road filed with the county commissioners of the

county of Berkshire, on or before the first day of December, in
the year one thousand eight hundred and forty, or if said road be
not completed by the first day of December, in the year
one thousand eight hundred and forty-three, this act shall be
void.
Other rail-roads Sect. 6. The Commonwealth may authorize any company
may enter upon ^^ ^^^^^, ^^j^^ another rail-road, at any point of said Berkshire
rail-road, paying for the right to use the same, or any part there-
of, 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 the directors of said Berkshire rail-
road.
How this road Sect. 7. If said Corporation shall enter with their rail-road
™^^ ^u^V,o'i°" any other rail-road, such entry shall be by proper turn-outs or

any other rail- J ' . J J t^ f i r i

road. switches, so as not to incommode unreasonably the travel ol tne

rail-road so entered ; and said corporation shall pay all the ex-
penses incident to and in consequence of any alterations that may
be necessary in order to effect such entry.
W. R. R.Corp. Sect. 8. If the Western rail-road corporation shall elect,
then- r^d mer previously to the construction of said Berkshire rail-road, to lo-
any part of the c ate their rail-road over any part of the route described in
route o t IS. ^j^^ second section of this act, they shall have authority so

to do.
Legislature Sect. 9. The Legislature may, after the expiration of four

may alter the years from the time when this rail-road shall be open for use,

rate of tolls. -L . . . , , r n i u

Irom time to time, alter or reduce the rate ol tolls and other
profits on said road, [^pril 13, 1837.]

C^hflT) 1 63 '^^ ^"^^ '" addition to " An Act to establish tlie Hancock Free Bridge."'

1836 ch. 282. BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as folloics :

Rates of joii Sect. 1. Whenever the said Hancock Free Bridge Corpo-

ration shall receive from the West Boston Bridge Corporation,
a legal transfer of their bridge and the franchise thereof, accord-
ing to the provisions of the fifth section of said act establishing
the Hancock Free Bridge, the same rates of toll may be taken
on said bridge, by the said Hancock Free Bridge Corporation,
as are now established by law', until the sum of eighty thousand
dollars shall be realized from the proceeds of said tolls, with

continued.

1837. Chap. 163—170 787

interest estimated semi-annually at the rate of five per cent, per
annum, after reserving the expense of maintaining and taking
care of said bridge, any thing in said act establishing the Han-
cock Free Bridge to the contrary notwithstanding : provided, Proviso,
the term for taking toll aforesaid by said corporation shall not ex-
ceed twelve years.

Sect. 2. Whenever the said sum of eighty thousand dol- Bridge whenio
lars, with semi-annual interest thereon, shall have been received q^^'^o" '^®
by said Hancock Free Bridge Corporation from said tolls, over wealth,
and above the expense of maintenance and repairs aforesaid, said
bridge with the franchise thereof, shall revert to and become the
property of the Commonwealth.

Sect. 3. Said Hancock Free Bridge Corporation shall Corporation to
make an annual report in the month of .January, in each year, to 1^00^^©" re-
the governor and council, of all receipts, from tolls or other ceipts and ex-
sources, and of all expenses incurred for repairs and taking care p^"*^*-
of said bridge, during the year next preceding ; and shall further
make a like report at any time when required by the governor,
by and with the advice of council.

Sect. 4. Said Hancock Free Bridge Corporation are here- shares.
by authorized to raise, for the purpose of purchasing said bridge,
the sum of eighty thousand dollars, by the creation of eight hun-
dred shares, of one hundred dollars each. [April 14, 1837.]

An Act to incorporate the New England Cordage Manufacturing Company. Chfin 1 6^

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

Sect. 1. John Webber, Josiah Dunham and Josiah Dun- Persons Incor-
ham, Jr., their associates and successors, are hereby made a p"""^^^ •
corporation, for the purpose of manufacturing cordage, in the
town of Roxbury, in the county of Norfolk ; and for this pur- Powers and du-
pose shall have all the powers and privileges, and be subject to ''^^•
all the duties, restrictions and liabilities, set forth in the thirty- R. S. ch.38.44.
eighth and forty-fourth chapters of the Revised Statutes.

Sect. 2. The said company may hold, for the purposes Estate,
aforesaid, real estate to the amount of fifteen thousand dollars, and
the whole capital stock of said company shall not exceed thirty
thousand dollars, [^pril 15, 1837.]

An Act for the preservation of the Grouse or Heath Hen. Chci'D 1 70.

BE it enacted by the Senate and House of Representatives, in jggg J[ ^^g
General Court assembled, and by the authority of the same, R. s. ch. 53.
as follows: 1836 ch. 7.

Sect. 1. If any person shall, within the term of four years Penalty for de-
from the first day of May next, take, kill or destroy any of the ^'/^^'J|j fgn""*®
birds called grouse or heath hens ; or shall, within the term afore-
said, sell or buy, or have in his possession, any of the said birds,
killed or taken as aforesaid, he shall forfeit for every such grouse
or heath hen, the sum of ten dollars, to be recovered by com-
plaint before any justice of the peace.

Sect. 2. If any person shall kill any grouse or heath hen, Additional

' » ^ ^ damages.

788

1837.-

-Chap. 170—172.

Towns may
suspend the op-
eration of this
act.

Treasurer au-
thorized to issue
scrip.

within the term named in the preceding section, upon lands not
owned or occupied by himsell, and without license from the
owner or occupant thereof, he shall forfeit and pay to the occu-
pant or owner of such lands the sum of ten dollars, in addition to
the actual damage sustained, to be recovered by such owner or
occupant in an action of trespass.

Sect. 3. The provisions of the preceding section shall not
extend to any town, in which the inhabitants shall, at their annual
meeting in any year, vote to suspend the oj)eration thereof, in
whole or in part. \_Jlpril 15, 1837.]

Chup 1 72. ^" ^^^ making provision for the pajment of the Commonwealth's subscription to the
■'^ stock of the Western Rail-road Corporation.

1836 ch! 13L BE it enacted by the Senate and House of Representatives^

in General Court assembled, and by the authority of the same,
as follows :

Sect. 1. The treasurer of this Commonwealth is hereby
authorized and directed to issue a scrip or certificates of debt,
under his signature and the seal of the Commonwealth, to any
amount not exceeding one million of dollars, bearing interest at
the rate of five per centum per annum, payable semi-annually,
which shall be disposed of as herein after provided ; and his ex-
cellency the governor shall countersign said scrip, pledging the
faith of the Commonwealth to its redemption in twenty years from
the date thereof.

Sect. 2. His excellency the governor, with the advice and
consent of the council, may appoint one or more commissioners,
who shall, with his consent, sell or cause to be sold the aforesaid
scrip, or any part thereof, either by public auction or otherwise,
at such times and in such places as he may deem expedient, and
the exigencies of the state require ; and the proceeds thereof shall
be paid into the treasury as soon as may be, after sale as afore-
said.

Sect. 3. The funds arising from the sale of scrip as afore-
said, except so much thereof as is herein after provided for, shall
be applied to the payment of any debts contracted by the Com-
monwealth, on account of its subscription to the capital stock of
the Western Rail-road Corporation ; and all future instalments of
said subscription, which may become due conformably with the
provisions of an act of the legislature, entitled " an act in aid of
the Western Rail-road Corporation," passed on the fourth day
of April, in the year one thousand eight hundred and thirty-six.

Sect. 4. The bonus, or profit, if any, on the sales of the
aforesaid scrip, together with all dividends of profits which may,
from time to time, be declared on the rail-road stock, and one
half of all money which may be received from the future sales of
the Commonwealth lands, with the interest thereon accruing,
shall, until otherwise ordered by the legislature, constitute a sink-
ing fund for the future purchase or final redemption of said scrip,
and for the payment of interest on the state debt, contracted by
authority of this act ; and if the same shall at any time be insufii-

Governor may
appoint com-
missioners to
sell scrip, &c.

Funds, how
disposed of.

1836 ch. 131.

Bonus and

sinking fund.

1837. Chap. 172—175. 789

cient to the payment of such interest, the deficiency shall be paid
from any money in the treasury not otherwise appropriated.

Sect. 5. Anv sum or sums of money which may hereafter Money received
be received from' the general government, on account of this v'iceTto'beTdd.
Commonwealth's claim upon the same for militia services, wheth- ed to sinking
er of principal or interest, shall also be applied, until otherwise "" '
ordered by the Legislature, to said sinking fund ; and so much
of the statutes of one thousand eight hundred and thirty, chapter
one hundred and twenty-sixth, as is inconsistent with this section,
is hereby repealed.

Sect. 6. This act shall take effect from and after the appro- When this act
val thereof by the governor, [t^pril 15, 1837.]

An Act in addition to an Act to establish the Seekonk Branch Rail-road Company. C/lCip 1 73.

BE it enacted by the Senate and House of Representatives^ 1836 ch. 269.
in General Court assembled, and by the authority of the same,
as follows :

The Seekonk Branch Rail-road Company shall be allowed the Time extended,
further term of one year to file the location of their road, and also
the further term of one year to complete the same. And in all
cases where no return has been made to said company of such
stocks as were subscribed before said first day of October, eigh-
teen hundred and thirty-six, the president and directors, or a ma-
jority of them may declare the same to be, and they shall be
thereupon utterly null and void, as against all persons who may
subscribe for the same stocks. [April 15, 1837.]

An Act to incorporate the Merrimack Coal Mining Company. f^hflV) 1 74*

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

Sect. 1. David Mighill, George Spofford, and George Persons incor-
Batchelder, their associates and successors, are hereby made a po'"^^*'''-
corporation, by the name of the Merrimack Coal Mining Com-
pany, for the purpose of digging and mining for coal within the
county of Essex, and of converting the same to useful purposes ;
with all the powers and privileges, and subject to all the du- Powers and
ties, restrictions and liabilities, set forth in the thirty-eighth and k. s. ch.38.44.
forty-fourth chapters of the Revised Statutes.

Sect. 2. Said corporation may hold, for the purposes afore- Estate,
said, real estate to the amount of fifteen thousand dollars, and per-
sonal estate to the amount of ten thousand dollars. [Jipril 15,
1837.]

An Act in addition to an Act to incorporate the Suffolk Mutual Fire Insurance Com- (JJidj) \ 75.
P^fy- _ J836 ch. 43.

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

The Suffolk Mutual Fire Insurance Company, in the city of Additional
Boston, is hereby authorized and empowered, in addition to pr'^'leges.
the privileges granted it by the act of April fifteenth, in the year

790

1837.

-Chap. 175—182.

ChapMl,

Penalty for
making bon-
fires.

Punishment for
making false
alarm of fire.

Proceedings in
city of Boston.

Cliap\Q2.

See 1828 ch. 25.
1833 ch. 191.

Persons incor-
porated.

Powers and
duties.

R. S.ch. 44.

Estate.

Disposal of
pews.

one thousand eight hundred and thirty-six, to insure upon slock,
tools, furniture and other personal property within this Common-
wealth. [Jpril 15, 1837.]

An Act to prevent Bonfires and False Alarms of Fire.

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

Sect. 1. If any person shall be concerned in causing or
making a bonfire, in any town in the Commonwealth, within ten
rods of any house or building, he shall be punished, on conviction
before any court proper to try the same, by a fine not exceed-
ing twenty dollars, or by imprisonujent not exceeding one month.

Sect. 2. If any person, without reasonable cause, shall, by
outcry or the ringing of bells, or otherwise make or circulate, or
cause to be made or circulated, in any town in the Common-
wealth, any false alarm of fire, he shall be punished, on convic-
tion, as mentioned in the preceding section, by a fine not ex-
ceeding fifty dollars : provided, hoivever, that all proceedings un-
der this act, within the city of Boston, shall be had on complaint
before the police court of said city, saving always the right of ap-
peal to the municipal court of the city of Boston, as in other
cases. [Jpril 17, 1837.]

An Act to incorporate the Proprietors of the First Universalist Meeting-house, in
Lowell.

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

Sect. 1. Ehphalet Case, David Boynton, and James Tow-
er, their associates and successors, are hereby made a corpora-
tion, by the name of the Proprietors of the First Universalist^
Meeting-house in Lowell, with all the powers and privileges,
and subject to the restrictions, duties and liabilities, set forth in
the forty-fourth chapter of the Revised Statutes.

Sect. 2. Said corporation may hold real and personal es-
tate, the annual income of which, exclusive of their meeting-
house, shall not exceed the sum of fifteen hundred dollars ; and
said corporation may divide their whole capital stock into shares,
not less than one hundred, nor more than four hundred in num-
ber : provided, that no share shall ever be assessed to a larger
sum in the whole, than fifty dollars.

Sect. 3. Said corporation may sell, lease, or otherwise
dispose of the pews in their meeting-house as they may think
proper : provided, that the proceeds of the same shall be applied
exclusively to parochial purposes, [^pril 17, 1837.]

1837. Chap. 184—186. 791

An Act further regulating the Fishery in Palmer River, in Rehoboth. Ch(lT)\ 84*.

BE it enacted by the Senate and House of Representatives., isosch ue.
in General Court assembled, and by the authority of the same, )8i9\!J,'^7f"'

as follows : )820ch. 51.

Sect. 1. If any person shall make, or cause to be made, or I836ch. 130.
shall continue any wear in Palmer river, in the town of Reho- Penalty for con-
both, in the county of Bristol, up stream from the land now be- s'f uct"ig wear.
long,ing to Royal Horton, situate on the westerly side of said
river, he shall forfeit and pay fifteen dollars for each offence.

Sect. 2. All forfeitures named in this act, or in either of the Forfeitures, how
acts to which this is in addition, may be recovered either by in- ■"^"^"^^''^
dictment for the use of said county or otherwise, as now provided
by law.

Sect. 3. All acts and parts of acts regulating the fishery in Former acts re-
said town, inconsistent with this act, are hereby repealed. pealed.

Sect. 4. This act shall take effect from and after the passage When to take
of the same, [^pril 18, 1837.] ^^^^^-

An Act to establish a Registry of Deeds for the southern towns in the county of CjJldT) \ 86
Bristol. ' "

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

Sect. 1. The towns of Westport, Dartmouth, New Bed- Towns forming
ford and Fairhaven, in the county of Bristol, are hereby consti- a district for

1 1- • r I • PI I ^ r n i • i • *"e registry

tuted a district tor the registry ot deeds, and lor alJ thmgs reiatmg of deeds.
to a register and registry of deeds shall be deemed to be a county ;
and all provisions of law now existing concerning that subject
shall apply to that office and officer in said district, (excepting as
is herein after provided for the first election of register and for
the term of his office,) and the office of the said register shall be
kept in the town of New Bedford.

Sect. 2. For the purpose of choosing the first register, the Manner of
selectmen of each of said towns are hereby directed to call meet- re°isTe"r^ '''^*'
ings of the inhabitants of their respective towns, qualified to vote
for representatives to the general court, for the first Monday of
June next, to elect some person duly qualified by law for register
of deeds of said district, and the result of said election shall
forthwith be transmitted to the county commissioners of said
county of Bristol, in the same manner as is now provided con-
cerning the stated elections of registers for the several counties ;
and said county commissioners shall meet at the court-house in Duties of coun-
New Bedford, on the third Monday of June next, and there ^i^
proceed to count the votes, and in all respects to act as they are
by law required to do concerning the elections of registers for
the several counties ; and if no j)erson shall be elected, said
commissioners shall appoint some person to be register, unlil an
election shall be made, and shall issue their notices for a new
election, and further proceed as is provided by law.

Sect. 3. Said register shall hold his office for the term of Register, how
five years from the annual meeting of said towns, in the year o°f{|f J° ''"''^ '^'^
eighteen hundred and thirty-six, and until some other person is

commission-
ers.

792 1837. Chap. 186—188.

chosen and qualified in his stead, subject however to all the pro-
visions now existing, relating to the office of register.
Other towns in Sect. 4. All the towns in said county of Bristol, not above
conriUme a°dis- named, are hereby also constituted a district for the registry of
trici for registry deeds, and in all things relating to the registry and register of deeds,
of dee s. gj^gj| ^^ deemed a county ; and the present register of deeds for the

said county of Bristol, shall be the register of the said last men-
tioned district, for the term for which he was elected, and until
some other person is chosen and qualified in his stead, under the
general provisions of law.
Act, when to Sect. 5. This act shall take effect from and after the first

take efiiect. (Jay of July next, excepting as to the election of the register pro-
vided for in the second section hereof, [^pril 18, 1837.]

ChCLTJ 1 87. •'^" -^'^'^ '" addition to An Act to incorporate the Chemical Dyeing and Printing Com-

1836 ch. 225. P^"^''

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same.,
as folloivs :
^ w^°dTi'' ^''i '^^^^ Chemical Dyeing and Printing Company, in addition to the
estate. ' powers already granted them, are hereby authorized to hold real es-
tate of the value of fifty thousand dollars, for the purposes set
forth in their charter ; and the whole capital stock of said cor-
poration shall not exceed one hundred and fifty thousand dollars.
[£pril 18, 1837.]

CyRCtp I Ou. An Act to aid the construction of the Andover and Haverhill Rail-road.

1833 ch. 109. BE it enacted by the Senate and House of Representatives, in

1835 ch 134 General Court assembled, and by the authority of the same,

1837 ch. 113.' as folloivs:

Treasurer of Sect. 1. The treasurer of this Commonwealth is hereby

weaiih°author- authorized and directed to issue scrip or certificates of debt, in
ized to issue the name and behalf of the Commonweallh, for the sum of one
^"^^' hundred thousand dollars, bearing an interest of five per cent, per

annum, payable semi-annually at the office of said treasurer, and
redeemable at the same place, at the expiration of twenty years
from the first day of August next ; which scrip or certificates shall
be deemed a pledge of the faith and credit of the Commonwealth
for the redemption thereof; and the said treasurer shall deliver
said scrip or certificates of debt to the treasurer of the Andover
and Haverhill Rail-road Corporation, for the purpose of enabling
the said corporation to complete their rail-road, at such times and
under such conditions as are hereafter provided.
Treasurer, Sect. 2. When said Corporation shall have paid in and ex-

pended, in the construction of their rail-road, the sum of two hun-
dred thousand dollars, the treasurer of the Commonwealth shall
deliver to the treasurer of said corporation scrip or certificates
issued as aforesaid, to the amount of fifty thousand dollars.
And when they shall have paid in and expended as aforesaid the
sum of three hundred thousand dollars, in addition to tlie amount
of scrip which they shall have received from this Commonwealth,
the treasurer of the Commonwealth shall deliver to the treasurer

when to deliver
scrip

1837. Chap. 188—189. 793

of said corporation scrip or certificates, issued as aforesaid, to the
amount of the further sum of fifty thousand dollars : provided. Proviso,
that before any such scrip or certificates shall be delivered to the
treasurer of said corporation as aforesaid, said corporation shall
furnish evidence satisfactory to the governor and council, that said
payments and expenditures have been made as aforesaid.

Sect. 3. This act shall not take effect until said corpora- Conditions of
tion, at a meeting of the stockholders duly notified for that pur- this act.
pose, shall have assented to all the provisions of the same, and
shall have executed to the Commonwealth a bond, in such form
as the attorney general shall prescribe, conditioned that said cor-
poration shall indemnify and save harmless the Commonwealth
from all liability on account of said scrip or certificates, and shall
pay all interest thereon punctually, as the same shall fall due, at
the office of the treasurer of the Commonwealth, until the princi-
pal sum or sums thereof shall be paid by said corporation ; and
shall pay, at the office of said treasurer of the Commonwealth,
the principal sum or sums aforesaid, one year before the same
shall become redeemable by the Commonwealth. And shall
also convey, by a suitable instrument, to be prepared for that pur-
pose, under the direction of the attorney general, their entire road
and its income, and all the property and franchise to them belong-
ing, as a pledge or mortgage to secure the performance of all the
conditions of said bond. And shall also transfer to this Com-
monwealth one thousand shares of the capital stock of said cor-
poiation, to be held by the treasurer of the Commonwealth, as
further security for the performance of the conditions of the said
bond, and to be sold by the said treasurer, at the pleasure of the
General Court, upon the failure of the said corporation to pay the
interest of the said scrip or certificates of debt, or the principal
thereof, as aforesaid. [Jlpril 18, 1837.]

An Act to authorize Abraham Hobart to erect a dam across Monatiquot river, in the Chttt) 1 89.
town of Braintree. -*

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

Abraham Hobart, of Braintree, his heirs or assigns, are hereby A. Hobart au-
authorized to erect a mill dam across Monatiquot river, in said a milTdam.^'^^*^'
town, three or four rods below where his present dam is now lo-
cated, to be raised no higher than the tide usually flows, with a
sufficient passage or sluice way therein, for the passage of such
vessels, boats or rafts as may have occasion to go up and down
said river, of at least twenty-four feet in width, with good and
sufficient sluice gates, to be constructed with paddle gates therein
of two feet square : provided, however, that the mud sill upon provisos,
which said sluice gates are placed, shall not rise more than twelve
inches above the bed of the river, and that said sluice gates shall
at all times be opened by said Hobart, his heirs or assigns, when
it is practicable so to do, for the passage of vessels, boats or rafts
up and down said river ; and provided, further, that, at all times
during the continuance of said dam, there shall be kept up and main-

VOL. VII. 100

794 1837. Chap. 189—190.

tained upon the water privilege, created by said dam, a grist mill
in which shall be ground all kinds of grain, and that there shall be
maintained, in said dam, a sufficient passage way, for the herring
and other fish to pass up said river : and provided, further, that
nothing herein contained shall authorize said Hobart, his heirs or
assigns, to appropriate, for said dam and privilege, the property or
lands of others, except in the manner now provided by law.
And that said dam shall be erected within three years from and
after the passage of this act. [^pril 18, 1837.]

C^hnn 1 90 •'^^ ^^^ '° ^'"^ ^^^ construction of the Eastern Rail-road.

1836 ch. 232. BE it enacted by the Senate and House of Representatives,

1837 ch. 152. i^ General Court assembled, and by the authority of the same,

asfolloivs :
Treasurer of; Sect. 1. The treasurer or receiver general of the Common-
izecTtolssur vvealth is hereby directed to issue scrip or certificates of debt, in
scrip. the name and in behalf of the Commonwealth, under the hand of

the said treasurer, and the seal of the Commonwealth, for the sum
of five hundred thousand dollars, bearing an interest of five per
cent, per annum, payable semi-annually, at the office of the said
treasurer, and redeemable at the same place, at the expiration of
twenty years from the first day of July next, which scrip or cer-
tificates shall be deemed to be a pledge of the faith and credit of
the Commonwealth for the redemption thereof. And the said
treasurer shall deliver said scrip or certificates of debt to the
treasurer of said Eastern Rail-road Company, for the purpose of
enabling the said company to complete their road, at such times
and under such conditions as are herein after provided.
Treasurer when Sect. 2. When the said company shall have received on
to deliver scrip, assessments legally made, and expended in the construction of
their road, or the necessary appurtenances thereof, the sum of
three hundred thousand dollars, the treasurer of the Common-
wealth shall deliver to the treasurer of said company scrip or
certificates, issued as aforesaid, to the amount of one hundred
thousand dollars. And when said company shall have complet-
ed their road from the city of Boston to the South River in the _
city of Salem, the treasurer of the Commonwealth shall deliver ■
to the treasurer of said company, scrip or certificates, issued as
aforesaid, to the further amount of one hundred thousand dollars.
And when they shall have received as aforesaid the further sum
of two hundred thousand dollars, in addition to the amount of
scrip received from the Commonwealth, and shall have expend-
ed the said two hundred thousand dollars on the road between
Salem and Newburyport, the treasurer of the Commonwealth
shall deliver to the treasurer of said company, scrip or certifi-
cates, issued as aforesaid, to the further amount of one hundred
thousand dollars. And when they shall have expended, or re-
ceived as aforesaid for the purpose of being expended, the sum
of seven hundred thousand dollars, in addition to the amount of
said scrip which they shall have received from the Common-
wealth, the treasurer of the Commonwealth shall deliver to the

1837. Chap. 190—191. 795

treasurer of the said company, scrip or certificates, issued as
aforesaid, to the further amount of one hundred thousand dollars.
And when they shall have completed their road as far as the pro-
posed depot in Newburyport, the treasurer of the Common-
wealth shall deliver to the treasurer of said company, scrip or
certificates, issued as aforesaid, to the further amount of one
hundred thousand dollars : provided, that before any such scrip Proviso,
or certificates shall be delivered to the treasurer of the said com-
pany, as aforesaid, the said company shall furnish evidence, satis-
factory to the governor and council, that said expenditures and
completion have been made as aforesaid.

Sect. 3. This act shall not take effect until said company, Conditions of
at a meeting of the stockholders duly notified for that purpose, '* *^ '
shall have assented to all the provisions thereof, and shall have
executed to the Commonwealth a bond, in such form as the at-
torney general shall prescribe, conditioned that said company
shall indemnify and save harmless the Commonwealth from all
liability on account of said scrip or certificates, and shall pay the
interest thereon punctually, as the same shall fall due, at the of-
fice of the treasurer of the Commonwealth, until the principal
sum or sums thereof shall be paid by said company. And shall
pay, at the office of said treasurer of the Commonwealth, the
principal sum or sums aforesaid, one year before the same shall
become redeemable by the Commonwealth. And shall also
convey by a suitable instrument, to be prepared for that purpose
under the direction of the attorney-general, their entire road and
its income, and all the property and franchise to them belonging,
as a pledge or mortgage to secure the performance of all the con-
ditions of said bond. [April 18, 1537.]

An Act autiiorizing Isaac Harris to extend liis Wliarf [ Whai-nes.] L/tldp 1 1/ I «

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

Isaac Harris, proprietor of two certain wharves in the city of \ Hamsau-

■ • tnonzcG to GX*

Boston, fronting on Commercial street, and lying between , end and main-
Fiske's wharf and the Winnisimmet ferry slip, is hereby author- ta'" wharves,
ized and empowered to extend and maintain his said wharves
straight into the harbor channel, as far as the line established by
the commissioners appointed to survey the harbor of Boston,
under a resolve of the Legislature passed March fifth, in the
year one thousand eight hundred and thirty-five, and shall have
and enjoy the right and privilege of laying vessels at the sides
and ends of his said wharves, and receiving dockage and wharf-
age therefor : provided, that so much of said wharves as may be Proviso,
constructed in said channel shall not be built otherwise than on
piles within two hundred and twenty-five feet of said line : and,
provided, that this grant shall in no wise interfere with the legal
rights of any other person or persons whatsoever. [April 18,
1837.]

796

1837.-

•Chap. 193—195.

Chap 193.

1801 ch. 65.
(v. 2. p. 516.)
1808 ch. 78.
1815 ch. 111.
1819 ch. 137.
Town may dis-
pose of the right
of taking
alewives.

Repeal.

When this act
shall take effect.

Chap 195.

Apr. 26. 1771.
(v.3.p.21.App.)
1792 ch. 44.
(v. l.p. 408.)
1796 ch. 62.
(v. 2. p. 117.)
1805 ch. 76.
1808 ch. 91.
1812 ch. 106.

Town may re-
gulate the tak-
ing of fish.

Selectmen to
post up regula-
tions.

Fines for offen-
ces against this
act.

Proviso.

Repeal.

An Act to regulate the Alewive Fishery in Middleborough.

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

Sect. 1. The inhabitants of the town of Middleborough, in
the county of Plymouth may, at any meeting called for that pur-
pose, dispose of their right of taking alewives in said town by
contract, or by sale at public auction, for a term not exceeding
five years, on any one contract, or sale ; or said town may im-
prove their right aforesaid by choosing agents to take said ale-
wives, and dispose of the same as the town may, from time to
lime, direct.

Sect, 2. All acts and parts of acts, regulating the fishery in
said town, inconsistent with this act, are hereby repealed.

Sect. 3. This act shall take effect from and after the pas-
sage thereof. [^Jlpril 18, 1837.]

An Act to regulate the Fishery in Newbury.

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

Sect. 1. The inhabitants of the town of Newbury, in the
county of Essex, may, at any legal meeting called for that pur-
pose, regulate the taking the several kinds offish, in Parker river
and other streams within said town, or dispose of the privileges
of taking the same to their own use and benefit, in any manner
they may think proper, and shall choose by ballot, a committee
consisting of three discreet persons, who shall cause the regula-
tions adopted by said town to be carried into effect, who shall be
sworn to the faithful performance of their duly.

Sect. 2. The selectmen for the lime being shall post up at
three or more public places in said town, the regulations estab-
lished by said town respecting the fishery in the river and streams
aforesaid.

Sect. 3. If any person shall take any fish, in said river and
streams at any time, or in any place or manner, other than shall
be allowed by said town as aforesaid, he shall for each offence,
on conviction thereof, pay a fine not exceeding five dollars, to be
recovered in any court proper to try the same, to the use of him
who shall prosecute for the same : provided, hoivever, that noth-
ing contained in this act shall be so construed as to prohibit any
inhabitant of the town of Rowley, from taking fish in that part
of the branch of Parker river called Mill river, which constitutes
the dividing line in part between the towns of Newbury and
Rowley.

Sect. 4. All acts and parts of acts inconsistent with the
provisions of this act, are hereby repealed. [April 18, 1837.]

1837. Chap. 196—201. 797

All Act to authorize the Proprietors of the Wharf formerly called " Thompson's (~Jfl(XJJ 1 96
Wliarf," to extend the same. ■»

BE it enacted by the Senate and House of Representatives^
in General Court assembled, and by the authority of the same.,
as folloios :

The proprietofs of the wharf in the city of Boston, Proprietors au-
formerly called Thompson's Wharf, adjoining the wharf call- lend whalf.^""
ed Snow's wharf, are hereby authorized and empowered to
extend and maintain the said wharf straight into the harbor chan-
nel, as far as to a line drawn straight from the ])resent northeast-
erly corner of Lewis' wharf, so called, to a point on the north-
erly end of said line, intersected by the southeasterly line or side
of Union wharf, extended straight as far as the ))roprietors of
said union wharf are authorized to extend the same, by an act, 1828 ch. 92.
entitled, an act to authorize the proprietors of Union wharf to
extend the same, passed on the twenty-seventh day of February,
in the year one thousand eight hundred and twenty-nine : and
the proprietors of the said wharf, formerly called Thompson's
wharf, shall have and enjoy the right and privilege of laying ves- Rights and
sels at the northerly side, and at the end of their said wharf, and privileges,
receiving wharfage and dockage therefor : provided, that so Provisos,
much of said wharf as may be constructed in said channel shall
be built on piles : and, provided, that nothing herein contained
shall be construed to authorize the proprietors of said wharf to
lessen or injure the rights or property of the owner or owners of
any wharf or wharves adjoining the said wharf, formerly called
Thompson's Wharf. ^Jipril 19, 1837.]

An Act to incorporate the Essex County Teachers' Association. C^hcit) 1 97

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

Nehemiah Cleveland, Benjamin Greenleaf, George Titcomb, Persons incor-
their associates and successors, are hereby made a corporation, por^ied.
by the name of the " Essex County Teachers' Association," to
be established in the county of Essex ; with all the powers and j "j^et? ^"'^
privileges, and subject to all the duties, liabilities and restrictions,
set forth in the forty-fourth chapter of the Revised Statutes ; R.S.ch. 44.
and said corporation may hold real and personal estate, to the Estate,
amount of twenty thousand dollars, to be devoted exclusively to
purposes of education, and the improvement of the qualifications
of teachers. [April 19, 1837.]

An Act to incorporate the Shavvmut Mills. C/h(W'2-0\ .

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

Sect. 1. Arthur Livermore, Caleb Abbott, John Nesmith, Persons incor-
their associates and successors, are hereby made a corporation, P""^*^^^-
by the name of the Shawmut Mills, for the purpose of manufac-
turing cotton and woollen goods and machinery, in the town of
Andover, in the county of Essex ; and for these purposes shall

798

1837.-

■Chap. 201—204.

Powers and
duties.

R. S. ch,38.44.

Estate.

Boundary be-
tween Boston
and Roxbury.

have all the powers and privileges, and be subject to all the du-
ties, restrictions and liabilities, set forth in the thirty-eighth and
forty-fourth chapters of the Revised Statutes.

Chcip'2.0'2'. An Act to alter certain parts of the Boundary Line between the city of Boston and
' the town of Roxbury.

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

Sect. 1. The boundary line between the city of Boston
and the town of Roxbury, which now runs on the easterly side
of Plymouth street, shall be altered so that the same shall here-
after be established as follows, to wit : beginning at a stone mon-
ument, which now marks the south corner bound of said city,
being one hundred and forty-one feet easterly of said Plymouth
street, and from the said monument running on a straight line in
a northeasterly direction to the Centre point, (so called,) where
the Roxbury old and nevj channels form a junction, being about
four thousand five hundred feet from the said monument.

Sect. 2. The boundary line between the said city and town
which now passes over a part of Tremont street, in said city,
shall be altered so that the same shall be hereafter established as
follows to wit : beginning on the southeasterly side of said Tre-
mont street, at the centre of a bridge now erected across the
creek which divides the said city from said town, and thence run-
ning northwesterly at right angles with said Tremont street, about
two hundred and fifty feet, until it intersects the present boun-
dary line between said city and town, in the middle of said creek.
[April 19, 1837.]

Boundary on
Tremont street.

Chap203.

1824 ch. 150.

Additional as-
sessment au-
thorized.

Chap20A.

B. Comey au-
thorized to ex-
tend and main-
tain his wharf.

An Act in addition to an Act to incorporate the Proprietors of the Quincy Canal.

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

The Proprietors of the Quincy Canal are hereby authorized to
assess upon the shares of the capital stock of said corporation,
the sum of thirty dollars each in addition to the sum specified in
the act to which this is in addition. [April 19, 1837.]

An Act authorizing- Benjamin Comey to extend his Wharf.

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

Benjamin Comey, proprietor of a certain wharf in the north-
erly part of Boston, fronting on Commercial street, and lying be-
tween Ripley's wharf and the town slip or Foster street, is here-
by authorized to extend and maintain his said wharf into the harbor
channel, as far as the line established by the commissioners for

1837. Chap. 204—208. 799

the survey of Boston harbor, appointed under a resolve of the
legislature, passed March fifth, in the year one thousand eight
hundred and thirty-five ; and that he shall have the right and
privilege of laying vessels at the southeasterly side and the end of
said wharf, and of receiving dockage and wharfage therefor : pro- Proviso.
vided, that so nuich of said wharf as shall be erected under this
act, shall be built on piles, and that this grant shall in no wise in-
terfere with the legal rights of any person or persons whatever.
\£pril 19, 1837.]

An Act lo incorporate the Tremont Mining Company. CJlCl'p'^.OQ,

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

Sect. 1. Charles Mason, Charles Rice, Seth Mason, their Persons incor-
associates and successors, are hereby made a corporation, by P"""^'*^
the name of the Tremont Mining Company, for the purpose of
digging for, raising or quarrying minerals, coals and metals, vend-
ing the same, and carrying on the various branches of the quarry-
ing and mining business, in the counties of Bristol, Suffolk and
Norfolk ; and for these purposes shall have all the powers and Powers and
privileges, and be subject to all the duties, restrictions and lia- ""*^^'
bilities, set forth in the thirty-eighth and forty-fourth chapters of R- S. ch.38.44.
the Revised Statutes.

Sect. 2. The said corporation may hold, for the purposes Estate.
aforesaid, real estate to the amount of one hundred thousand dol-
lars, and the whole capital stock shall not exceed two hundred and
fifty thousand dollars. [April 19, 1837.]

An Act to incorporate the Proprietors of the Fourth Universalist Meeting-house in Bos- (^/lilt) 208.

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

Sect. 1. Joseph Harris, .Jr., William P. Loring, and Eb- Persons incor-
enezer Stevens, their associates and successors, are hereby made P"''*'^'^"
a corporation, by the name of the Proprietors of the Fourth
Universalist Meeting-house in Boston, in the county of Suffolk ;
with all the powers and privileges, and subject to all the duties. Powers and du-
restrictions and liabilities, set forth in the forty-fourth chapter of "®^-
the Revised Statutes, and in that part of the twentieth chapter of R. S.ch. 20.44.
said statutes which relates to the proprietors of churches or meet-
ing-houses.

Sect. 2. Said corporation may hold personal and real estate Estate,
to an amount not exceeding twenty thousand dollars : provided,
that the annual income thereof be applied exclusively to paro-
chial purposes. [April 19, 1837.]

800

1837.-

-Chap. 209—212.

Chap209.

Persons incor-
porated.

Powers and
duties.

R.S. cli.3S.44..

Estate.

Chap2\\

1833 cli. 197.

Company au-
thorized to ex-
tend tlieir
wharves, &c.

Proviso.

Cliap2\2.

S. Aspinwall
authorized to
extend his
wharf.

An Act to incorporate the Stoneham Marble and Lime Company.

BE it enacted by the Senate and House of Representatives.,
in General Court assembled^ and by the authority of the same^
as follows :

Sect. 1. Charles E. Bovvers, Elias Kingsley, antJ Johr>
Low, their associates and successors, are hereby made a corpo-
ration, by the name of the Stoneham Marble and Lime Company,
for the purpose of quarrying and manufacturing marble and lime
and carrying on the business thereof in Stoneham, in the county
of Middlesex, and in Boston, in the county of Suffolk ; and for
this purpose shall have all the powers and privileges, and be sub-
ject to all the duties, restrictions and liabilities, set forth in the
thirty-eighth and forty-fourth chapters of the Revised Statutes.

Sect. 2. The said corporation may hold, for the purposes
aforesaid, real estate to the amount of one hundred thousand dol-
lars, and the whole capital stock shall not exceed two hundred
thousand dollars, [^pril 19, 1837.]

All Act to authorize the extension of the wharves and landing place of the Winnisim-
met Company.

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

The Winnisimmet Company are hereby authorized to extend
their wharves, dock and landing place, situated near the foot of
Hanover street, in the city of Boston, into and over the tide
waters of the harbor, with the same right and privilege of using
and occupying the flats within or adjoining their said wharves and
structures, when so extended, as they now have of using and oc-
cupying the flats within or adjoining the said wharves and struc-
tures as they now are : provided, that said wharves and struc-
tures shall not in any part be extended beyond the line proposed
in the report of the commissioners, appointed for the survey of
Boston harbor, under a resolve passed March the fifth, in the
year one thousand eight hundred and thirty-five, as a limit to the
extension of wharves in the city of Boston ; and shall not be built
otherwise than on piles within two hundred and twenty-five feet
of said line : and provided, that nothing in this act contained shall
in any wise impair or interfere with the private rights of any other
person or persons wtiatsoever. [.^pril 19, 1837.]

An Act authorizing Samuel Aspinwall to extend his Wharf.

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

Samuel Aspinwall, proprietor of a certain wharf in the north-
erly part of Boston, fronting on Commercial street, and lying be-
tween Constitution wharf and the Chelsea ferry-way, is hereby
authorized to extend and maintain his said wharf into the harbor
channel, as far as the line established by the commissioners for
the survey of Boston harbor, appointed under a resolve of the
legislature, passed March fifth, in the year one thousand eight

1837. Chap. 212—215. 801

hundred and thirty-five ; and that he shall have the right and priv-
ilege of laying vessels at the southeasterly side and the end of said
wharf, and of receiving dockage and wharfage therefor : provided, Proviso,
that so much of said wharf as shall be erected under this act,
shall be built on piles, and that this grant shall in no wise inter-
fere with the legal rights of any person or persons whatever.
l^pril 19, 1837.]

An Act to authorize the Charlestown Wharf Company to extend their wharves. C^flo213

BE it enacted by the Senate and House of Representatives, in 1836 ch. 119.
General Court assembled.) and by the authority of the same,
as follows :

The Charlestown Wharf Company, their successors and as- Company au-
signs, are hereby authorized and empowered to extend and main- tend their
tain their several wharves, situate in Charlestown, in the county wharves,
of Middlesex, and lying between Harris' wharf and Charles river
bridge, into the channel as far as to a line drawn straight from the
present easterly corner of the end of Gray's wharf, to a point on
the said bridge, distant fifty feet from the present end of Austin's
wharf ; with the right and privilege to lay vessels at the sides and
ends of said respective wharves, and receive wharfage and dock-
age therefor : provided, that so much of said wharves respect- Proviso,
ively as may be constructed in said channel, shall be built on
piles : and provided, also, that nothing herein contained shall be
construed to authorize the proprietors thereof to lessen or injure the
rights or property of the owner or owners of any wharf or wharves
adjoining any wharf which may be so extended, or the legal rights
of any other person or persons whatever. [April 19, 1837.]

An Act to repeal the charter of the Nahant Bank. C/lrtJ?21'*.

BE it enacted by the Senate and House of Representatives, 1^33 eh. 144.
in General Court assembled, and by the authority of the same,
as follows :

The act incorpoiaiing the President, Directors and Company Act repealed,
of the Nahant Bank, passed the twenty-second day of March,
in the year one thousand eight hundred and thirty-three, is hereby
repealed. This act shall take effect from and after its passage :
provided, that nothing in this act shall be so construed as to ab- Proviso,
solve said corporation, or any director or stockholder thereof,
from any liability created by the act hereby repealed. \_Jlpril 19,
1837.]

An Act to change the name of the Third Congregational Society in Beverly. CflCip^iiOm

BE it enacted by the Senate and House of Representatives, 1802 ch. 115.
in General Court assembled, and by the authority of the same, isbscS. 14.
as follows : 1820 ch. 4.

From and after the passage of this act, the name of the Third Name changed.
Congregational Society in Beverly, in the county of Essex, shall
be changed, and the said society shall be known and called by
the name of the Dane Street Society, in Beverly ; any thing in
the act incorporating said society to the contrary notwithstanding.
[April 19, 1837.]

VOL. VII. 101

802

1837.-

■Chap. 216—218.

Chap2\6.

R. G. Shaw au-
thorized to ex-
tend his wharf.

Proviso.

Chap2\S.

1786 ch. 69.
(v. 1. p. 153.)
1801 ch. 63.
(v. 2 p. 506.)

Rates of toll.

When bridge
shall revert to
the Common-
wealth.

An Act authorizing Robert G. Shaw to extend his Wharf.

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

Robe.t C Shaw, his heirs and assigns, are hereby authorized and
empowered lo extend and maintain his wharf, formerly called At-
kins' wharf, and being the estate next to the northeasterly side of
Charles river bridge, in the city of Boston, straight into the har-
bor channel, as far as to aline drawn southwesterly straight from
a point in said channel, at the present westerly corner of Brown's
wharf, to the northerly corner of Trull's wharf, and to make such
extension of the present width of said Shaw's said estate, or any
part thereof; and that said Shaw, his heirs and assigns, shall have
and enjoy the right to lay vessels at the end and sides of his wharf,
extended as aforesaid, and to receive dockage and wharfage
therefor : provided, that so much thereof as may be constructed
in said channel, shall be built on piles : and provided, that noth-
ing herein contained shall be construed to authorize the said
Shaw, his heirs or assigns, to lessen or injure the rights or prop-
erty of the owner or owners of any wharf or wharves adjoining
the said estate of said Shaw, or to interfere with the legal rights
of any other person or persons whatever. [^Jlpril 19, 1837.]

An Act in addition to an Act incorporating the Proprietors of Maiden Bridge.

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

Sect. 1. The rates of toll to be received by said proprie-
tors, from and after the passing of this act, shall be as follows, to
wit ; for each foot passenger, one cent ; for each man and horse,
three cents ; for each horse and cart, or wagon, four cents ; for
every team drawn by more than one beast, six cents ; for every
sled or sleigh drawn by one beast, five cents ; for every sled,
drawn by more than one beast, six cents ; for every sleigh drawn
by more than one horse, twelve cents ; for each horse and chaise,
carryall or buggy wagon, six cents ; for every coach, chariot,
phaeton or curricle, twelve cents ; for each horse and neat cattle,
not in teams, nor rode on, two cents ; and for each sheep or
swine, one cent. And said proprietors shall be entitled to re-
ceive said tolls, until they shall have been reimbursed and paid the
sum of nineteen thousand and five hundred dollars, and also the
cost of all necessary repairs, improvement and alterations of said
bridge, which shall hereafter be made, and all necessary expen-
ses, including a reasonable compensation to the directors and
other officers, together with interest on said sum of nineteen thou-
sand and five hundred dollars, and on said cost of repairs, im-
provements and alterations, and on said expenses, at the rate of
six per cent, per annum, to be paid quarterly, and that then the
said bridge shall revert to and become the property of the Com-
monwealth, and shall be surrendered by said proprietors," in good
repair, and the obligations imposed on the said corporation shall

1837. Chap. 218. 803

then cease ; provided^ that no interest shall be allowed for re- Proviso,
pairs, improveinents and alterations, so far as the same shall have
been made by the tolls actually collected and remaining, after de-
ducting therefrom the interest and expenses to which said pro-
prietors may have been entitled.

Sect. 2. Three disinterested persons shall be appointed by Governor to ap-
the governor, with advice of the council, as commissioners, who, ^oners°o audit
together with the superintendent of said bridge, shall sanction the accounts, and
repairs which shall be made, and direct how far the bridge shall pa"r^s"°" '^^"
be improved by being made solid, and audit and settle the ac-
counts for all repairs, improveinents and alterations : provided^ Proviso,
the expenditures for repairs and improvements, in any one year,
shall not exceed the whole amount of tolls for that year, without
the consent of the directors, unless the said commissioners shall
choose to advance an additional sum, in which case it shall be ex-
pended as far as it can be done advantageously, and said commis-
sioners shall be entitled to receive from the tolls of the corpora-
tion the amount so advanced and expended, with interest thereon
at the rate of six per cent, per annum, to be paid quarterly, after
the said corporation shall have been first paid the whole amount ex-
pended by them for repairs, and alterations, and necessary expen-
ses, and the interest which may have become due according to
the provisions of this act.

Sect. 3. The said commissioners shall be paid for their ser- Commissioners
vices by said corporation, and the sum so paid shall be consid- to ^e paid for
ered a part of the expenses of the same ; and when the sum of po'raUon. ^ *^*'''
five thousand dollars shall have been received, over and above
said alterations, improvements, repairs, expenses and interest, a
dividend of the same shall be made to the stockholders in said
corporation, to reduce said principal sum of nineteen thousand and
five hundred dollars.

Sect. 4. The said corporation, when required so to do by Draw may be
said commissioners, shall, out of funds to be advanced to them, ^"'®"®^-
by said commissioners, widen the present draw in said bridge, to
the width of thirty-six feet, and maintain the same, until said
bridge shall revert to the Commonwealth, as herein provided.
And said commissioners shall be repaid by said corporation, one Expenses, how
half the sum thus advanced and expended in widening said draw, p^"^"
with legal interest thereon, out of toll to be collected at said
bridge, after the said corporation shall have been reimbursed as
is herein before provided. And the sum thus to be repaid to said
commissioners, shall be considered as part of the expenses to be
reimbursed to said corporation, from said tolls, before said bridge
shall revert to the Commonwealth, under the provisions of this
act.

Sect. 5. So much of the fourth section of the act to which Repeal,
this is in addition, as requires the said bridge to be higher than
Charles river bridge, is hereby repealed, and the directors of said
corporation are authorized to lower the same, if they shall think
it expedient ; and the provisions of said act, so far as the same

804 1837. Chap. 218—222.

are inconsistent witli the provisions of this act, are hereby
pealed. lApril 19, 1837.] Add. act, 1837 ch. 245.

Ch(l'o'2i\ ^ ■'^" ^^"^ '° incorporate the Boston Calico Works.

BE it enacted by the Senate and House of Representatives,

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

as follows :

Persons incor- Sect. 1. David Gould, William Bittle, and John Sawin,

porated. their associates and successors, are hereby made a manufacturing

corporation, by the name of the Boston Calico Works, for the

purpose of manufacturing, coloring and printing cottons, silks, and

other similar fabrics, in the town of Chelsea, in the county of

Suffolk, and in the town of Danvers, in the county of Essex ;

Powers and and for these purposes shall have all the powers and privileges,

duties. gi^jj jjg subject to all the duties, restrictions and liabilities set

R. S. ch. 38. 44. forth in the thirty-eighth and forty-fourth chapters of the Revised

Statutes.
Estate. Sect. 2. The said corporation may hold, for the purposes

aforesaid, real estate to the amount of one hundred thousand dol-
lars, and the whole capital stock of said corporation shall not
exceed the amount of two hundred thousand dollars. [April 19,
1837.]

C//ltt/7222. An Act to change the names of the several persons therein mentioned.

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

Suffolk. Elizabeth Sprague, a minor, may take the name of Helen

Elizabeth Sprague ; John Quincy Adams Conkey may take the
name of John Adams Conkey ; Luke George may take the
name of Albert George ; Charles Johnson may take the name
of Charles Berkley Johnson ; William Hersey may take the
name of William Glover Hersey ; Walter White may take the
name of Franklin John Walter White ; Benjamin Tappan may
take the name of Edward Antill Tappan ; Sarah W. Downey
may take the name of Sarah W. Johnson ; William Hearsey
may take the name of William Barron Hersey ; Matthew Tasker,
a minor, may take the name of Matthew Calvert Tasker ; Charles
Rhoades Lamson, a minor, may take the name of Charles Lam-
son ; Robert Coe Burr may take the name of De Vere Burr ;
Jerushee Goodwin Hamilton may take the name of Melvina
Jane Hamilton ; Nancy Smith may take the name of Nancy
Babcock ; John Smith may take the name of John Clifton ;
Martha Ann Smith, a minor, may take the name of Martha Ann
Babcock ; Maria F. Smith may take the name of Maria F.
Clifton ; Joseph Dorr, merchant, may take the name of Joseph
Goldthwait Dorr ; Isaac Winslow Turn, a minor, may take the
name of James W. Chilion ; Henry John Stevenson Washburn
may take the name of Henry Stevenson Washburn ; all of the

Essex. city of Boston, in the county of Suffolk. Daniel Verry, of Dan-

vers, may take the name of Daniel Malcom Verry ; Jacob
Wiley, Jun., of Lynntield, may take the name of George William

1837. Chap. 222. 805

Wiley ; Joseph Ober, third, of Beverly, may take the name of
Joseph Edwards Ober; William Nichols, Juii., of Amesbury,
may lake the name of William Howard Nichols ; William Cox,
of Lynnfield, may take the name of William Emerson Cox ;
Eliza Woodberry, of Beverly, may take the name of Eliza Au-
gusta Woodberry ; Hannah Elizabeth Batchelder, a minor, of
Danvers, may take the name of Mary Jane Batchelder ; Sarah
Stanwood, of Ipswich, may take the name of Sarah Elizabeth
Stanwood ; Sarah Rand, of West Newbury, may take the name
of Sarah Emery Rand ; Grover Burnham Perkins, of Salem,
may take the name of Edward Burnham Perkins ; Mary Abbott,
of Andover, may take the name of Mary James Abbott ; Sarah
Ashworth, of Amesbury, may take the name of Sarah Taylor;
Dorothy Pearson Hills, of Rowley, may take the name of Laura
Ann Hills ; William Gardner Endicott, of Salem, n)ay take the
name of William Crowninshield Endicott ; George Washington
Read, of Salem, may take the name of George Fox Read ; Dan-
iel Sygestrom, of Danvers, a minor, may take the name of Dan-
iel Sygestrom Henderson ; Lois Peabody Spiller, of Rowley,
may take the name of Martha Ann Webster ; Charles Augustus
Warren, of Amesbury, may lake the name of Nathan Burpee
Jewett ; Mary Farrington Warren, of Amesbury, may take the
name of Mary Farrington Jewett ; Olwyn Jones, of Gloucester,
a minor, may take the name of Olwyn Trask Jones ; Charles
Lewis Newhall may take the name of Charles Lewis Deluow ;
Martha Jane Newhall may take the name of Martha Jane
Delnow ; Ellen Maria Newhall may take the name of Ellen
Maria Delnow ; Hubbard Mortimer Newhall may take the name
Hubbard Mortimer Delnow ; and Charles Henry Newhall, o("
Lynn, may take the name of Charles Henry Delnow ; John
Clark, of Salem, may take the name of John Daniel Clark ; all
of the county of Essex. Francis Albert I^eighton, of Westford, Middlesex.
may take the name of Albert Leighton ; Maiy Ann Brown, of
Lexington, a minor, may take the name of Mary Ann Gleason ;
Caleb Symmes, 3d., of Charlestow n, may take the name of Caleb
Trowbridge Symmes ; Albert Lawrence Bull, of Concord, mav
lake the name of Albert Chester Lawrence ; Rhoda Ann Bull,
of Concord, may take the name of Rhoda Ann Lawrence ; Albert
Lawrence Bull, of Concord, a minor, may take the name of
Albert Chester Lawrence. Caroline Matilda Thayei-, of Cam-
bridge, may take the name of Caroline Thayer Penniman ; Susan
A. Raymond, of Maiden, may take the name of Susan Ann Bar-
rett ; George Cook, of Cambridge, may take the name of George
Lincoln Cook ; Mary Adams Ferrell, of Framingham, may take
the name of Mary Barnes Adams ; Thomas Hovey, of Cam-
bridge, may take the name of Thomas Green Hovey ; Allen
Blood, of Medford, may take the name of George Washington
Allen ; Sarah Bancroft, of Townsend, may take the name of
Sarah Proctor ; Caroline Clark, of Framingham, a minor, may
take the name of Caroline Buckminster Clark ; Charles Brown,
of Woburn, may take the name of Charles William Stevens ;

806 1837. Chap. 222.

William Greenough Blood, of Woburn, may take the name of
William Townsend Perry ; Fanny Vickers, of Naiick, may take
the name of Fanny Wheeler ; all of the county of Middlesex.

Worcester. Matthew Davenport, of Boylston, may take the name of James
Davenport ; Eunice Tainter, of Leominster, may take the name
of Elizabeth Eunice Tainter ; John Emery Marsh, of North
Brookfield, may take the name of John Edward Marshall ; Jarvis
Hunting, of Hubbardston, may take the name of William Jarvis
Parker ; Joseph Park, of Millbury, may take the name of Asa
Lewis Park ; Isaac Smith, 2d., of Leominster, may take the
name of Isaac Warren Smith ; John Park, 2d., of Millbury, may
take the name of John William Park ; Elizabeth Maria Keyes,
of Leominster, may take the name of Maria Caroline Richardson ;
William Peck, of Royalston, a minor, may take the name of
James W. Peck ; Silas Holman, 2d., of Bolton, may take the
name of Silas W. Holman ; Salome Fay, of Northborough, may
take the name of Mary Salome Fay ; William Houghton, of
Berlin, may take the name of William Addison Houghton ;
Geoigc Hitchcock, of Sturbridge, a minor, may take the name
of George Hitchcock Hudson ; John Gleason, 3d., of Worces-
ter, may take the name of John Fiske Gleason ; Charles C.
Pinckney, of Spencer, may take the name of Francis Aaron
Lyon ; Edwin Norcross, of Shrewsbury, may take the name of
Henry Wilson ; Roger Phelps, of Northborough, may take the
name of Henry Rogers Phelps ; all of the county of Worcester.

Hampshire. Maria Cowles, daughter of Eleazer Cowles, of Amherst, may
take the name of Maria Harriet Cowles ; Washington Everleth,
George Everleth and Lucy Hinsdale Everleth, of Belchertown,
may respectively take the surname of Eliot ; Zimri Everleth, of
the same Belchertown, may take the name of Charles Eliot ;
Relief Russell, of Hadley, may take the name of Jane Russell ;
Henry Fay, of Ware, may take the name of Charles Braken-
ridge Fay ; Climene Clapp, of Westhampton, a minor, may take
the name of Climene Clapp Lyman ; all of the county of Hamp-

Hampden. shire. Dorcas W. Fisk, of Ludlow, may take the name of
Elizabeth W. Fisk ; Foster Newell Hitchcock, of Brimfield, a
minor, may take the name of Foster Newell ; Phineas Crouch,
of Brimfield, may take the name of James Munroe Clayton ;
Ozni Underwood, of Springfield, may take the name of Henry

Franklin. Robert Vaille ; all of the county of Hampden. Emily Field, of

Gill, may take the name of Emily Gratia P'ield ; Ferona Drusilla
Field, of Gill, may take the name of Ferona Dwight Field ;
Reuel Coller, of Northfield, may take the name of Reuel Collier ;
John Nash, of Northfield, may take the name of John Farns-
worth ; Mercy Allen, of Gill, may take the name of Sarah M.
Allen ; Abel Bullock, of Montague, may take the name of Abel
Carpenter Adams ; George Kentfield, of Montague, may take
the name of George Lee Horton ; Rhoda Kentfield, of Montague,
may take the name of Jane Horton ; Phineas Hemenway, Jr.,
of Leverett, may take the name of .lames Phineas Hemenway ;
Jonah Ball, .Tr., of Shutesbury, may take the name of Jonah

1837.- Chap. 222—223. 807

Rudolph Ball ; all of the county of Franklin. Nial Benlley, of Berkshire.
Pitt?field, in the county of Berkshire, may lake the name of
James Henry Bentley ; Hannah S. Wiiittemore, of Weymouth, Norfolk,
may take the name of Augusta Whittemore ; Alfred Tupper, of
Roxhury, may take the name of Alfred Tupper Gray ; Mary
Woodward Tupper, wife of said Alfred, may take the name of
Mary Woodward Gray ; Mary Woodward Tupper, a minor,
and daughter of said Alfred and Mary, may take the name of
Mary Woodward Gray ; Augusta Greenleaf Tupper, daughter
of said Alfred and Mary, may take the name of Augusta Green-
leaf Gray ; Alfred Greenleaf Tupper, son of said Alfred and
Mary, fnay take the name of Alfred Greenleaf Gray ; Helen
Matilda Tupper, minor, daughter of said Alfred and Mary, may
take the name of Helen Matild Gray ; Edward Gray Tupper,
minor, son of said Alfred and Mary, may take the name of Ed-
ward Tupper Gray ; M. Edward Hunt, of Braintree, may take
the name of Edward Hunt ; James Trickey, of Dedham, may
take the name of James Lyman ; George Curtis, of Roxhury,
may take the name of George Scarborough Curtis ; Bezer Keitli,
of Braintree, a minor, may take the name of Bezer Richmond
Keith ; all of the county of Norfolk. Hanan Hack Skinner, of Brisid.
Taunton, may take the name of Hanan Hack ; William Blackmer,
Jr., of New Bedford, may take the name of William Tisdale
Blackmer ; George Frederick Wing, of Dartmouth, may take
the name of George Wing Slocum ; all of the county of Bristol.
Louiza Beck, of Duxbury, in the county of Plymouth, may take Plymouih.
the name of Louisa B. Drew. Mayo Bassett, of Yarmouth, in Barnstable.
the county of Barnstable, may take the name of Isaac Mayo
Bassett ; Michael Cook, of Provincetown, may take the name
of Harvey Cook ; Charles Thacher, minor, of Yarmouth, may
take the name of Henry Charles Thacher : 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 hereafter be considered as their only proper and legal names,
to all intents and purposes. [^April 19, 1837.]

An Act to incorporate the Essex street Con^'regatioiial Society. L/ ll(ip Z-iO.

BE it enacted by the Senate and House of Representatives^
in General Court assembled^ and by the authority of the same^
as follows :

Sect. 1. The proprietors of pews in the Union Church, or Persons incor-
Meeting-house so called, in Essex street, in the city of Boston, P°'^'^
and their successors, are hereby made a corporation, by the name
of the Essex Street Congregational Society, with all the powers Powers and du-
and privileges, and subject to all the duties, restrictions and lia- "^'''
bilities, set forth in the forty-fourth chapter of the Revised Stat- R. S. eh. 20. 44.
utes, and in that part of the twentieth chapter of said statutes,
which relates to parishes or religious societies.

Sect. 2. Said corporation may hold real and personal es- Estate,
tate, the annual income of which, exclusive of their meeting-

808 1837. Chap. 223—229.

house, shall not exceed the sum of three thousand dollars : and
provided^ that the income be applied exclusively to parochial
purposes. [April 19, 1837.]

Cfl(lt)'2'^5. "'^" -^^^ '** repeal the Charter of the Chelsea Bank.

1836 ch 274 ^^ *^ enacted by the Senate and House of Representatives,

in General Court assembled, and by the authority of the same,
as follows :
Charter Sect. 1. The act entitled an "act to establish the Chelsea

repealed. Bank," passed Apiil the sixteenth, in the year one thousand

Troviso. eight hundred and thirty-six, is hereby repealed : provided, that

nothing in this act shall be so construed, as to absolve the said
corporation, or any director or stockholder thereof, from any li-
ability created by the act hereby repealed.
When to take Sf.ct. 2. This act shall take effect from and after its passage.

^^^" [April 19, 1837.]

KyllUp ZiZ»kJ, Xn Act to preserve the Harbor of Boston, and to prevent enoroachinents therein.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
as follows :
Line in the har- Sect. 1. The line herein after described, from the Free
bor established. ^,.j(j^g ]„ [\^q liarbor of Boston to Warren Bridge in said harbor,
shall be and the same is hereby established as one of the lines in
said harbor, beyond which no wharf or pier shall ever hereafter
be extended into and over the tide water of the Common-
wealth.
Boundary line Sect. 2. The Said line begins at the east end of the north
described. abutment of the Free bridge, and runs straight to the southerly
corner of Brown's wharf; thence, by the end of the same, and
of Wright's four wharves, fronting on the channel, to the east
corner of Wright's northeast wharf ; thence, on a straight line,
to the south corner of Wales' wharf, and by the end to the east
angle of the same ; thence, from this last point straight to the
east corner of Russia wharf; thence to the south angle of Fort
Hill wharf straight, and by the end of the wharf to the east
corner ; thence to the south corner of Arch wharf, the line is
straight ; the line then follows the end of the last, and Otis'
wharf to the east corner of the last ; the direction is then
straight to the southeast angle of Foster's south wharf; then
straight to the south corner of Rowe's wharf. From this point
in a straight direction to the south corner of Long wharf ; thence
straight to the south angle of the advanced part of the said
wharf, and by the end of the same to the east corner thereof;
thence the line is straight to the east end of Union wharf. From
the last point straight to the southeast corner of Battery wharf.
Here the three next lines commence to advance further into
deep water than the following wharves, to the west corner of
Gray's, and are thus drawn through the southeast a^gle of Batte-
ry and the west corner of Gray's wharf; a circular arc is struck,
with a radius of twelve hundred feet, and three equal chords of

1837. Chap. 229. 809

four hundred and seventy feet are drawn upon this arc ; then
from Battery wharf the line is northerly four hundred and seven-
ty feet, forming an angle of twenty-seven degrees and fifteen
minutes with the chord of the said arc. From the end of the
last, the line is also four hundred and seventy feet long, and par-
allel with the said chord. From the end of the last mentioned
line the line is four hundred and seventy feet to the west corner
of Gray's wharf, forming the same angle with the chord of the
whole arc as that from Battery wharf. From Gray's, the line is
straight to the north corner of Vinal's wharf. The line then
passes along the end of this and Brown's wharf to the west cor-
ner of the last ; thence straight crossing Charles river bridge to
the north east corner of Trull's wharf ; thence the line is straight
to the south abutment of Warren bridge. Which said line thus
described is part of the line reported by commissioners appoint-
ed under the resolve, passed the fifth of March, in the year one
thousand eight hundred and thirty-five, to survey the harbor of
Boston, and by said commissioners drawn and defined on plans
by them taken, and deposited in the library, excepting that the
line herein described and intended, varies from the line of said
commissioners by crossing Charles River bridge in a straight
line from Brown's wharf to Trull's wharf, as above expressed.

Sect. 3. No wharf, pier or building, or incumbrance of any Extension of
kind, shall ever hereafter be extended beyond the said line into n^^teT*' ^ '
or over the tide water in said harbor.

Sect. 4. No person shall enlarge or extend any wharf or No wharf, &c.,
pier, which is now erected on the inner side of said line, further withou^illave^of
towards the said line than sjuch wharf or pier now stands, or than Legislature,
the same might have been lawfully enlarged or extended before
the passing of this act, without leave first obtained from the
Legislature.

Sect. 5. No person shall, in any other part of the said bar- No wharf, &e.,
bor of Boston, belonging to the Comnjonwealth, erect or cause Jhe'^harbor '°
to be erected any wharf or pier, or begin to erect any wharf or
pier therein, or place any stones, wood or other materials in said
harbor, or dig down or remove any of the land covered with wa-
ter at low tide, in said harbor, with intent to erect any wharf or
pier therein, or to enlarge or extend any wharf or pier now
erected : provided^ however, that nothing herein contained shall
be construed to restrain or control the lawful rights of the own-
ers of any lands or flats in said harbor.

Sect. 6. Every person offending against the provisions of Offences
this act, shall be deemed guilty of a misdemeanor, and shall be hfw"pun?shed?'
liable to be prosecuted therefor, by indictment or information, in
any court of competent jurisdiction, and on conviction shall be
punished by a fine not less than one thousand dollars, nor more
than five thousand dollars, for every offence, and any erection or
obstruction which shall be made, contrary to the provisions and
intent of this act, shall be liable to be removed and abated as a
public nuisance, in the manner heretofore provided for the re-
moval and abatement of nuisances on the public highways.

VOL. VII. 102

810

1837.-

-Chap. 229—232.

Chap230.

1837 ch. 76.

Capital stock
increased.

Noashes,&c., Sect. 7. No aslies, Cinders, or other rubbish, or materials

to be thrown r j • • i n i i r i

into the harbor. 01 any description snail be put or thrown out ol any steam-boat
in the harbor of Boston above Fort Independence, under a pen-
alty of ten dollars for each offence.

Sect. 8. This act shall go into operation from and after the
passing of the same. [Jlpril 19, 18.37. J

An Act in addition to an Act to incorporate the Washington Manufacturing Com-
pany.

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

Sect. 1. The Washington Manufacturing Company, incor-
porated on the sixteenth day of March, in the year one thousand
eight hundred and thirty-seven, are hereby authorized to increase
their capital stock by the addition thereto of real estate not ex-
ceeding the amount of twenty thousand dollars, and the said cor-
poration may locate their works in the town of Millbury, in the
county of Worcester, any thing in the act to which this is in ad-
dition to the contrary notwithstanding.

Sect. 2. This act shall take effect from and after the pas-
sage of the same, [^pril 19, 1837.]

l^llCLp Z-Oi , An Act to authorize the sale of Ministerial Lands by the First Parish in Truro.

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

Sect. 1. The first parish in Truro is hereby authorized to
sell several tracts of land owned by said parish, and lying in said
town, and the treasurer of said parish, for the time being, is au-
thorized to execute a deed or deeds to convey the same.

Sect. 2. The proceeds of the sale or sales of said land as
sforesaid, shall be invested in such manner as said parish shall
direct : provided, however, that the income only, and no part of
the principal, shall be applied for the support of the ministry in
said parish.

Sect. 3. This act shall take effect from and after the pas-
sage of the same, [^pril 19, 1837.]

When to take
effect.

Parish authoriz-
ed to sell lands,

Proceeds, how
invested.

When to take
effect.

Chap232.

Proprietors au-
thorized to ex-
tend their
wharf.

fAn Act authorizing the Proprietors of Harris' Wharf to extend the same.

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

The Proprietors of the wharf in Charlestown now called and
known by the name of Harris' Wharf, and lying between Swett's
wharf and Gray's wharf so called, are hereby authorized and em-
powered to extend and maintain the said wharf straight into the
harbor channel, as far as to a line drawn straight from the wester-
ly end of said Swett's wharf, to the easterly end of said Gray's
wharf ; and the proprietors of the said Harris' wharf siiall have and
enjoy the right and privilege of laying vessels at the sides and
end of their said wharf, and receiving dockage and wharfage

1837 Chap. 232—243. Bll

therefor : provided, tliat so much of said wharf as may be con- Proviso,
structed in said channel shall be built on piles : and provided,
that nothing herein contained shall authorize the proprietors of
said Harris' wharf to interfere with the legal rights of any other
person or persons whatever. [April 19, 1S37.]

An Act authorizing' James Ingersoll to extend his Wharf. LyflCip ZXj^,

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

James Ingersoll, proprietor of a certain wharf in the norther- j. ingersoll may
ly part of Boston, fronting on Commercial street, and lying be- ^^'^nf^ his
tween Vinal's wharf and Chamberlin's wharf, is hereby authoriz-
ed to extend and maintain his said wharf into the harbor channel,
as far as the line established by the commissioners for the survey
of Boston harbor, appointed under a resolve of the legislature,
passed March fifth, in the year one thousand eight hundred and
thirty-five ; and that he shall have the right and privilege of lay-
ing vessels at the sides and the end of said wharf, and of receiving
dockage and wharfage therefor : provided, that so much of said proviso,
wharf as shall be erected under this act shall be built on piles,
and that this grant shall in no wise interfere with the legal rights
of any person or persons whatever. [^April 19, 1837,]

An Act to repeal the Charter of the Salem and Boston Stage Company. ChQ/t)'2-35t

BE it enacted by the Senate and House of Representatives, i828ch. 136.
in General Court assembled, and by the authority of the same,
as follows :

Sect. 1. An act entitled an act to incorporate the Salem Company's
and Boston Stage Company, passed on the fourth day o( ^J^^'^^^r lepeai-
March, in the year one thousand eight hundred and twenty-nine,
is hereby repealed : provided, that nothing in this act shall be so Proviso,
construed as to ahsolve the said corporation, or any director, or
stockholder thereof, froin any liability created by the act hereby
repealed.

Sect. 2. This act shall take effect ninety days after its pas- When to take
sage. [April 19, 1837.] ^^^"^^

An Act to alter the location of the Massachusetts Hemp Company. Ch(ip^31l ,

BE it enacted by the Senate and House of Representatives, 1836 ch. 139.
in General Court assembled, and by the authority of the same,
as follows :

The Massachusetts Hemp Company is hereby authorized to Location
locate the same in the town of Roxbury, in lieu of the city of *^ ^°^^
Boston. [April 20, 1837.]

An Act to change the name of the Warren Bank in Boston. CflUP^ASt

BE it enacted by the Senate and House of Representatives, '836 eh. 196.
in General Court assembled, and by the authority of the same,
as follows :

Sect. 1. The corporation by the name of " The President, Name changed.
Directors and Company of the Warren Bank," created by an

812

1837.-

Chap. 243—245.

Proviso.

Condition of
this act.

Chap24>5.

1837 ch. 218.

Act when to
take effect.

act passed April ninth, one thousand eight hundred and thirty-six,
and located in the city of Boston, shall hereafter be known by the
name of " The President, Directors and Company of the Shaw-
mutBank:" provided^ \h^t lh\s act shall not absolve the said
corporation, or any director or stockholder thereof, from any lia-
bility created by the act establishing the said Warren Bank.

Sect. 2. This act shall be void unless the same shall be ac-
cepted by the stockholders of said corporation, at a legal meeting
called for that purpose, on or before the first day of July next.
[^pril 20, 1837. J

An Act in further addition to an Act to incorporate tiie Proprietors of Maiden Bridge.

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

The act passed the present session, in addition to an act to in-
corporate the Proprietors of Maiden Bridge, shall take effect from
and after the passing hereof. [.4|pn/20, 1837.]

APPENDIX

Containing several Private and Special Statutes passed before
the First Session of the Legislature^ under the Constitution,
in 1780, which have not been publisiied in the previous
volumes.

An Act for erecting a Parcell of the Lands belonffine- to ihe Inhabitants of the Wes-
terly part of the Town of Brookfeild, and the Norlherly part of tlie Town of Brim-
feild, and Easterly part of Kingsfeild so called (viz : those parts of the said Lands
that adjoin to said Brookfeild) into a township by the Name of Western.

Whereas divers Inhabitants of the Towns of Brookfeild Preamble,
and Brimfeild, and of Kingsfeild (so called) labour under Diffi-
culties by reason of their not being incorporated into a Town-
ship :

BE it enacted by his Excellency the Governour, Council and
Representatives, in General Court assembled, and by the Au-
thority of the same, That the Lands hereafter bounded and des- Description of
cribed be, and hereby are erected into a separate and distinct j^J'^^'^^^wnship.
Township by the Name of Western, viz : Beginning at Brook-
feild South-west Corner, then running half a Mile North on said
Brookfeild Line ; Then West thirty-four degrees North, three
Miles and eighty Rods to the River, and bounded with a small
Walnut Staddle standing in the Split of a Rock, thence running
up the River to an Elm Tree marked, thence crossing the River
and running North forty-four degrees East, about three Miles and
an half, to Brookfeild West Line to a heap of Stones near a
Chesnut Tree marked, and running East eleven degrees and
thirty Minutes South, one Mile and an hundred and fifty Rods to
a heap of Stones on a Rock at the end of a Meadow or Mill
Pond, Then bounding on Cornelius White's Land till it comes
to Mill-brook, (so called,) Then bounded with the Mill-brook to
the River as the Brook runs, Then crossing the River and ex-
tending South-easterly to a white Oak Tree known by the Name
of The North-east Corner of the Mile square, thence extending
South-easterly to Brookfeild South Line, intersecting that Line
two Miles and three quarters from said first mentioned South-
West Corner Bounds ; And that the Inhabitants of the said
Lands be, and hereby are vested with all the powers, Privileges
and Immunities that the Inhabitants of other Towns within this
province are or by Law ought to be vested with ; And that the
said town of Western belong to the County of Worcester.

Provided, Jlnd be it further enacted by the AutJiority afore-
said, That nothing in this Act contained shall be construed or Rights in com-
intended to hinder, alter or prejudice the Right and Interest of ^""'^"^^P""^'
all or any person whatsoever, in any of the common or undivided
Lands in the said Townships of Brookfeild, Brimfeild and the
plantation called Kingsfeild, but the same shall remain as hereto-

814

APPENDIX.

Disposal of
common lands.

Preamble.

Boundaries of
the district.

[Districts incor-
porated before
January,
1777, to be
towns, 1785 ch.
75. § 9.]

Choice of Rep
resentalives to
the General
Court.

fore ; And the inhabitants of the respective towns and plantation
aforesaid shall have their full vote in the ordering improving or
disposing of such common and undivided Lands as by Law they
have or ought to have before the Enacting hereof Provided
also, and be it further Enacted, That the Inhabitants of the said
Town of Western shall be liable and subject, (notwithstanding
their being set off and constituted a Township as aforesaid,) to
pay their Proportion of all province. County and Town Rates
for this Year, in the said Towns of Brookfeild, Brimfeild and
Kingsfeild respectively and shall be accordingly assessed thereto
in the san)e manner as they would have been if this Act had
never been made : Any thing herein before contained to the
Contrary notwithstanding. [Jan. 16, 1741.] Add. act, 1834
ch. 76.

An Act for erecting the South part of Brimfield in the County of Hampshire into a
District by the name of South Brimfield.

Whereas the Inhabitants of the South Part of Brim6e]d in
the County of Hampshire have represented to this Court the
great Difficulties and Inconveniences they labour under in their
present Situation, and have earnestly requested that they may
be incorporated into a District :

BE it therefore enacted by the Governor, Council and House
of Representatives : That the said South Part of Brimfield,
bounded as follows, viz : beginning with the first Bounds in the
Colony line at the Southwest Corner of Sturbridge, being the
Southeast Corner of Briinfield ; from thence to run first North
in the Line between said Brimfield and Sturbridge to the North
Line of the Farm, called Winthrop's Farm, being four Miles ;
thence to run West about eight Degrees North in the North
line of said Farm, to the Northwest corner thereof, and so to
extend the same Course or a parallel Line with the Colony Line
to the East line of Monson District, being about six Miles and
an half; then to tiu'n and run South in the Line between said
Brimfield and Monson to the Colony Line, being four Miles ;
and from thence in said Colony Line to the first mentioned
Boundary ; be, and is hereby incorporated into a distinct and
separate District by the Name of South Brimfield, and that the
said District be, and hereby is invested with all the Priviledges,
Powers and Innnunities that Towns in this Province do, and by
Law may enjoy, that of sending a Representative to the Gene-
ral Assembly only excepted ; and that the Inhabitants of said
District shall have full power and Right, from Time to Time, to
join with the Town of Brimfield, in the choice of a Representa-
tive or Representatives, in which Choice they shall enjoy all the
Priviledges which the Inhabitants of the several Towns within this
Province are infilled to. And that the Selectmen of the Town
of Brimfield as often as they shall call a Meeting for the choice
of a Representative shall give Seasonable Notice to the Clerk of
said District for the Time being, of the Time and' place of said
Meeting to the End that the said District may join them therein,
and the Clerk of said District shall set up in some Public place,

APPENDIX. 815

in said District, a notification thereof accordingly, which Repre-
sentatives may be chosen Indifferently from said Town or Dis-
trict, tlie pay and allowance to be born by said Town and Dis-
trict, and the District of Monson in Proportion as they shall,
from Time to Time pay to the Province Tax. Provided nev-
ertheless, and be it further enacted, That the said District shall
pay their Proportion of all Town, County and Province Taxes
already set on, or granted to be raised by said town of Brinifield,
as if this Act had not been made.

Jlnd be it further enacted , That .Josiah Dwight, Esq., be, and First meeting,
hereby is empowered to issue his Warrant directed to some prin-
cipal Inhabitant in said District, requiring him to notify and warn
the Inhabitants of said District, qualified by Law to vote in Town
Affairs, to meet at such Time and place as shall be therein set
forth, to chuse all such Officers as shall be necessary to manage
the Affairs of said District. [Sept. 18, 1762.] Add. act,
1827 ch. 68.

An Act to incorporate Jonathan Gardner, Junr. and others therein named into a Soci-
ety hy the Name of the Marine Society at Salem in the County of Essex in the
Province of the Massachusetts Bay in New England.

Whereas a considerable Number of Persons who are or have Preamble,
been Masters of Ships or other Vessels, have, for several years
past, associated themselves in the Town of Salem, and the prin-
cipal End of said Society being to improve the Knowledge of
this Coast by the several Members upon their Arrival from Sea,
communicating their Observations inwards and outwards, of the
Variation of the Needle, Soundings, Courses and Distances, and
all other remarkable Things about it in Writing, to be lodged
with the Society, for the making the Navigation more safe ; and
also to relieve one another and their Families in Poverty or oth-
er adverse accidents of Life, which they are more particularly
liable to, and have for this End raised a considerable common
Stock ; and the said Persons associated as aforesaid, finding
themselves under Difficultys and Discouragements in carrying
on the said Designs without an Incorporation, and Jonathan Gard-
ner, Junr., and others, of them haveing petitioned the Great and
General Court of this Province, in their present Session, to be
incorporated for the Purposes aforesaid, and their Intention ap-
pearing laudable and deserving Incouragement :

Be it enacted by the Governor, Council and House of Rep-
resentatives, That Jonathan Gardner, .h\. John Ropes, Samuel Persons incor-
Webb, William Lylley, Amos Mansfield, Michael Driver, Israel P°^^'*^'"-
Obear, Edmund Needham, Robert Hale Ives, Larking Dodge,
William Bartlet, Jos. Lambert, Benjamin West, Edmund Giles,
William Slueman, Samuel Williams, Josiah Batcheldor, John
Battan, John Elkins, George Crowninshield, Edward Gebbaut,
Joseph Lee, Edward Allen, Samuel Grant, .Jacob Crownin-
shield, Josiah Orne, Ebenezer Ward, Junr., Daniel Hawthorne,
John Darby, Cabot Gerrish, George Southard, David Masury,
Nathaniel Knight, John Archer, John Berry, Habackuk Bow-
ditch, John Bovvditch, Jonathan Webb, John Fisk, William
Morgan, Robert Alcock, Jonathan Mason, Stephen Cleveland,

816

APPENDIX.

Powers.

Real and per-
sonal estate.

First meeting.

Annual meeting
and choice of
ofScers.

[This act is
copied from the
original bill
which passed
to be engrossed;
no engrossed
act having been
found in the
Secretary's of-
fice ]

Benjamin Warren, Thomas Frye, Jonathan Lambert, Junr.,
Henry Higginson, and George Cabot, the Members of said So-
ciety, be incorporated and made a Bod}'' Politick, for the Pur-
poses aforesaid, by the Name of the Marine Society at Salem in
New England ; that they, their associates and Successors, have
perpetual Succession by said Name, and have a Power of mak-
ing bye Laws for the Preservation and Advancement of said
Body, not repugnant to the Laws of the Government, with Pen-
alty, either of Disfranchisement from said Society, or of a Mulct,
not exceeding Twenty Shillings, or without Penalties, as it shall
seem most meet, and have leave likewise to make and appoint
their Common Seal, and be liable to be sued and enable [enaiZerf]
to sue, and make Purchases, and take Donations of Real and Per-
sonal Estate for the Purposes aforesaid, not exceeding the Sum of
Five Hundred pounds per Annum ; and to manage and dispose
said Estate as shall seem fit ; And said Society shall have a Mas-
ter, Deputy Master, Treasurer and Clerk, and other Officers
they shall think proper.

,^}id be it therefore further enacted, That the said Marine
Society shall, on the Second Thursday in June next, assemble
to appoint their first Master, Deputy Master, Treasurer and
Clerk, and other Officers, as they shall think proper, and their
Seal, and make bye Laws. And said Officers shall continue
until the last Thursday in October next, on which Dav the said
Marine Society shall meet annually afterwards on the said last
Thursday of October annually at Salem aforesaid to chuse a
Master, Deputy Master, Treasurer and Clerk, and other officers
as they shall think proper ; and for the admission of new Mem-
bers which shall be done by a major vote of the members pre-
sent at said annual meeting ; and to make, alter and annul their
bye Laws, and if by Reason of any Emergency the Business
of said annual Assembly cannot be compleated on said Day, they
may adjourn once to a short Day, to finish it, and no more ;
and said Society shall meet at said Salem on the last Thursday
of every month for all other Business ; and whenever any of the
Officers of said Society shall die, or be disabled, or remove out
of the Government, others shall be appointed or elected in their
room, at the next monthly meeting ; and all Instrimients which
said Society shall lawfully make, shall, when in the Name
of said Society, and pursuant to the votes thereof, and signed
and delivered by the Master, and Sealed with their Common
Seal, bind said Socjety and be valid in Law ; and the Com-
mander in Chief of this Province is hereby authorized to give a
Charter of Incorporation, under the Province Seal to the afore-
named Persons, associates accordingly. [^^pril 14, 1772.]
Add. acts, 1783 ch. 34: 1789 ch. 32 : 1830 ch. 18.

An Act for Incorporating the Proprietors of Boston Pier, otherwise called the Long
Wharf in the town of Boston.

Preamble. Whereas the Proprietors of Boston Pier, otherwise called

the Long Wharf in the Town of Boston, have by their petition
preferred to the Great and General Court, in their present Ses-

APPENDIX. 817

sion, set forth, That in the Year 1715, the said Wharf was by
Deed, under the Hands and Seals of the then Proprietors, di-
vided into twenty-four Shares, in which Deed it was, among
other Things, agreed to keep the said Wharf in good and suffi-
cient Repair ; and that, if any particular Proprietor should ne-
glect or refuse to repair their respective Parts, it should be done
by the Proprietors' Committee, and the Cost and Charge be
deducted out of such particular Proprietor's Share of thie com-
mon Wharfage ; and that by said Deed they warranted to each
Proprietor his Share as then allotted, "so nevertheless as always
to be and continue subject to the Rules and Regulations for the
Management and Improvement of the whole Wharf or Pier, and
upholding the same in good Order and Repair, and in such Meth-
od and Manner as are already, or shall further be agreed upon,
by the major Part of the Proprietors, and entered in their Book."
That, in consequence of such agreement, the said Pier or Wharf
has been kept in Repair by the Income thereof ever since, but
that within a few Years past it was greatly gone to Decay, and
in Danger of being utterly lost ; whereupon the Proprietors
agreed to build a Stone Head, further out towards the Channel,
in Order to secure the whole Interest, which they have in a great
Measure effected ; the said Head still lying in common and un-
divided ; but that the Cost and Charge of such Work will amount
to much more than the Income of said Wharf will defrey or
reimburse in many years to come. And that, in Consideration
of the Premises, the Proprietors of the said Wharf did at a
Meeting duly warned on the 29th of April 1772, at which Meet-
ing the Proprietors of seventeen Shares and three Quarters were
present, unanimously appoint a Committee to prepare and prefer
a Petition to the Great and General Court, praying that they may be
incorporated, in Order more effectually to transact the Business
of the Propriety, and empowered to subject the respective Inter-
ests of the several Proprietors, when it shall be found necessary,
for defreying the Charges of Additions or Repairs, which have
been, or hereafter may be voted, and ordered, at any legal
Meeting.

BE it therefore enacted by the Governor, Council and House
of Representatives, That the Proprietors of Boston Pier, other- Proprietors of

wise called the Lona; Wharf in Boston, be created, made, erect- ^ongWh&rf
... J-. -p, , ,• • r u T> L incorporated,

ed and incorporated mto a Body politic, for the Purposes here-
after mentioned, by the Name of the Proprietors of Boston Pier,
or the Long Wharf in the town of Boston in New England ; and
that they, their Heirs and Assigns, have a perpetual Succession
by the said Name, and by that Name may sue or be impleaded,
and manage, lease, bargain, sell or otherwise dispose of such
Part of the said Propriety, whether divided or undivided, as shall
be found necessary for defreying the Cost of such Additions or
Repairs as have been already voted and ordered, or hereafter
may be voted and ordered, at any Meeting of the Proprietors,
duly warned for transacting the Business of the Propriety.
Provided, That no Part of the said Interest shall be sold,

VOL. VII. 103

818

APPENDIX.

Number of
votes.

Proceedings
when the pro-
prietors of two
third parts of
the interest do
not attend any
meeting.

First meeting.

Repairs, how
to be paid for.

unless the Income of the said Wharf shall be deemd insufficient,
within the Course of the then current Year, to defrey the Cost
of the Work, that may have been, by the Proprietors, voted and
ordered to be carried on and effected.

Be it further enacted, That there shall be no more than twen-
ty-four votes allowed in the said Propriety, agreable to the
Number of Shares into which the said Wharf was originally di-
vided, notwithstanding any after Divisions of the same, and that
the Proprietors of at least two third Parts of the whole Interest
shall be always present, either in Person, or by Proxy, to con-
stitute any Meeting for the transacting of Business (the whole
number being previously warned, in such manner as they may
agree) and that the Votes of those present shall be estimated or
reckoned, according to their respective Shares or Interests.

Provided nevertheless, That if the Proprietors of two Third
Parts of the Interest shall not appear at any Meeting duly noti-
fied, another Meeting shall be notified for the same Purpose or
Purposes, with Intimation that, if there shall not then be a full
Meeting, the Proprietors, who may be present, will proceed up-
on the Business of the Meeting : And the Votes and Doings
of the major Part of those present shall be effectual to all Intents
and Purposes, as if the Proprietors of two Third Parts of the
Interest had been present.

^nd be it further enacted, That Job Prince, who, at a meet-
ing of the Proprietors on the 29th Day of April last, was chosen
their Clerk, be, and hereby is empowered and directed to notify
a meeting of the said Proprietors, to be held at Boston aforesaid,
on the first Wednesday in August next, which Notification shall
be inserted in two of tlie Boston News Papers, that are usually
circulated in the Province, at which meeting the Proprietors
may determine and vote what monies shall be raised when the
satne shall be paid in, and in what Way and Manner the same
shall be levied and collected, in order to carry on and compleat
such new Work and Repairs, as have already been, or may then
be determined and voted to be effected.

Jlnd be it further enacted, That when the income of the said
Wharf shall be insufficient to defrey the Expence of any Work
or Repairs, then and not otherwise, the Proprietors may subject
the Interest itself in said Wharf to be sold for that Purpose ;
And every Proprietor who shall refuse or neglect to pay such
Sum or Sums of Money, as have been, or shall from Time to
Time hereafter be duly granted and voted to be raised and levied
upon his Right or Share in said Wharf, for the Space of Six
Months, after such Grant, and his Proportion thereof shall have
been published in two of the Boston News Papers, as aforemen-
tioned ; then the Committee of the said Proprietors, or the major
Part of them, their Clerk, or Agent, may, and hereby are fully
empowered, from Time to Time, at a publick Vendue, to sell
and convey away so much of said delinquent Proprietor's Right
or sharejn said Wharf, whether divided or undivided, as will be
sufficient to pay and satisfy his Tax, or Proportion of such Grant,

APPENDIX. 819

and all Reasonable Charges attending such Sale to any Person or Sale of shares
Persons who shall give most for the same ; Notice of such Sale redeml'tion^
being given in two of the Boston News Papers, as aforesaid,
forty Days at least before such Sale ; and may accordingly exe-
cute and give a good Deed or Deeds, to the purchaser thereof,
to hold in fee simple. Provided, that the Proprietor or Propri-
etors, whose Interest in said Wharf shall be so sold, shall have
Liberty to redeem the same in twelve months after the said Sale,
by paying the Sum it may be sold for, and Charges, together
with the further sum of Twelve Pounds for each hundred Pounds
produced by such sale, and so pro Rata for any greater or lesser
Sum, and likewise all such further Sum or Sums, that may have
been voted in the mean time by the Proprietors, for carrying on
any new Work, or for repairs of said Wharf. [July 14, 1772.]
Add. acts, 1806 ch. 11 : 1824 ch. 2 : 1825 ch. 117.

An Act for (he subjecting the Inhabitants of a Part of the Town of Daiivers called the
Neck of Land hereafter described, to the charge of maintaining- and supporting
certain Bridges and Highways.

Whereas unhappy Divisions and Controversies have arisen in Preamble,
the Town of Danvers, in the County of Essex, relative to their
Highways and Bridges ; and the Inhabitants of that Part of the
said Town which is a Neck of Land, making the Northerly or
Northeasterly corner, or Skirt of the South Parish in said Town,
have come to a final and amicable Compromise and Settlement
of such Divisions and Controversies with their Brethren of the
other residuary Part of said Town, touching said Highways and
Bridges, for the Ratification of which, and making the same Com-
promise and Settlement valid and binding in Law, they have mu-
tually expressed their Desire ; now, for the closing and putting an
End to all such Divisions and Controversies, for the future, and
in order to accomplish the good Purposes of Union and Har-
mony in said Town :

Be it enacted by the Governor, Council and House of Rep-
resentatives, That the Neck of Land, as hereafter bounded and Inhabitants of
limited, being the Northerly or Northeasterly corner or Skirt of support bridges
the South Parish in Danvers in the County of Essex, and the and highways.
Inhabitants thereof be, and the same Neck of Land and Inhabi-
tants are, and forever hereafter shall be subject to, and charged
with the Maintainaiice, Support and keeping in Repair of the
Bridge built over Waters's River (so called) in said Danvers,
and also of the Highway laid out by the Selectmen of said
Danvers, and Confirmed by the Court of General Sessions of
the Peace within and for said County, from Porter's Corner
(there so called) to the Easterly End of said Waters's Bridge,
for the more convenient passing of the Inhabitants of said Neck
of Land to and from the Place of publick Worship in the South
Parish aforesaid, and other useful Purposes ; and also of all and
any other Highways and Bridges that shall at any Time ever
hereafter, at the special Instance and Request of the Inhabitants
of said Neck of Land, or by the Court of General Sessions of
the Peace within and for said County be opened and laid out, or
erected and built any where within the Boundaries and Limits of

820

APPENDIX.

Public meet-
ings.

Choice of offi-
cers.

First meeting.

said Neck of Land, containing by Estimation three hundred
Acres, bounded as follows, viz : Beginning at the Bridge by
John Verry's in Danvers, commonly called Crane-River
Bridge, thence running down the Channel till it comes to Lieut.
Thomas Stevens's Land, about thirty Poles above the Mill Dam
by a Cove in the Mill Pond, thence running on a Snah\^ Straight]
Line as said Stevens's Fence now stands till it strikes Waters's
River, near the Bridge, upon the West Side, and across said
Waters's River to high Water Mark, thence down said Waters's
River to Frost-Fishbrook-river (so called) at low water Mark,
thence up the Channel of said River to the Bridge called Frost-
fish Brook Bridge on Ipswich Road, thence on the Eastern Side
of said Road to Crane River Bridge above mentioned.

Be it further enacted, That from henceforth for ever the
Freeholders and other Inhabitants of said Neck of Land be, and
they hereby are authorized and empowered to hold publick
Meetings for to chuse a Clerk to record their votes ; and for the
laying and levying of Taxes upon the Estates and Inhabitants
and occupiers and Improvers of Land within the Boundaries of
said Neck of Land from Time to Time, and at all Times for the
Purpose of supporting and repairing said Highway and Bridge
and all and any other Highways or Bridges to be erected or laid
out, within the Boundaries of said Neck of Land as aforesaid ;
and also for the Choice of a Treasurer for the receiving and
paying of all the Monies, to be hereafter laid and levied as afore-
said, within said Neck of Land for the Purposes aforesaid ;
and also for the Choice of three Assessors of the Tax and Taxes,
which shall, at any Time hereafter be found or judged necessary ;
and also a Collector or Collectors to gather the same, to be paid
into the Hands of the Treasurer according to the Direction of
his Warrant for the Purposes aforesaid, and also a Surveyor or
Surveyors of the said Highway and Bridge, and of all or any oth-
er Highways or Bridges laid out or erected at any Time here-
after as aforesaid ; and every such Clerk, and all other Officers
aforementioned (being Proprietors of Land lying within the said
Boundaries of said Neck of Land and Inhabitants commonly
there resident) shall be under Oath to the faithful Performance
of their respective Offices ; and they are hereby empowered
to do, act and proceed in and upon all Matters and Things pro-
perly arising and occurring within their special Department, rela-
tive to the aforesaid Way and Bridge, and all or any future High-
ways or Bridges, within said Boundaries, as aforesaid, in as full
and ample a Manner, and to all Intents and Purposes, as the oth-
er Officers in said Danvers shall or may by Law do, act and pro-
ceed upon similar Matters and Things arising and occurring with-
in their Department relative to Highways and Bridges, and the
same Freeholders and other Inhabitants are hereby ordered and
empowered to meet for the first Time, for the Purposes afore-
said, on the first Monday of September next, aiid all future
Meetings of the same Freeholders and Inhabitants shall be call-
ed from Time to Time, and at all Times by the Assessors for

APPENDIX. 821

the Time being by posting up a Notification in some publick
Place within said Neck of Land seven Days before such Meet-
ing, and all such Freeholders and Inhabitants being so met and
assembled in publick Meetings shall be, and they are hereby au-
thorized and empowered to proceed and act upon the Premises,
to all Intents and Purposes, in the same Manner as Town-meet-
ings in this Province usually proceed on similar Occasions.

And he it further enacted^ That the said Neck of Land, lying Neck of land
and bounded and limited as aforesaid, and the Inhabitants there- faxesfoMhe"™
of shall not, at any Time hereafter be charged with, subject or support of other
liable to any Charge or Charges, Tax or Taxes, Rates or assess- bnd^eTin^Dan-
ments, (but therefrom shall forever hereafter be wholly ex- vers,
empted,) for the erecting, building, laying out, Maintainance,
Support or Repairs, of all or any Bridge or Bridges, Highway
or Highways, that now are, or at any Time hereafter shall, or
may be erected, built or laid out within said Town of Danvers,
and are or shall be without the Boundaries aforesaid of said Neck
of Land.

Jind he it further enacted^ That the said Town of Danvers, Town of Dan-
lying without the Boundaries aforesaid of said Neck, and the l^^^ exempted

TIL- I r 1 1 n rr.- I r 1 from taxes for

Inhabitants on such Land shall not, at any lime hereaiter be thesuppo.tof
charged with, subject or liable to any Charge or Charges, Tax h'ghways and

^ ' J J zj o J bnciffes within

or Taxes, Rates or assessments, (but therefrom shall for ever the Neck,
hereafter be wholly exempted and freed) for the erecting, build-
ing, laying out, Maintainance, Support or Repairs of all or any
Bridge or Bridges, Highway or Highways, that now are, or at
any time hereafter shall or may be erected, built or laid out,
within the Boundaries aforesaid of said Neck of Land, unless
laid out at the Request of the Inhabitants of said Town of Dan-
vers, living without the Boundaries of said Neck of Land.

*^nd be it further enacted, That Benjamin Prescot, Esq., be B. Prescot au-
and hereby is empowered to issue his Warrant, directed to some firstmeethiff.^
principal Inhabitant of said Neck of Land, requiring him to call a
Meeting of said Inhabitants, on the first Monday of September
next for the Purposes aforementioned. [July 14, 1772.]
Add. act, 1836 ch. 246.

An Act to incorporate James Hudson, and others therein Named into a Society by
the Name of the Marine Society, at Newhuryport, in the County of Essex, in
the State of Massachusetts, in New England.

Whereas a Considerable Number of Persons, who are or Preamble,
have been Masters of Ships, or other Vessels have for several
Years past associated themselves in the Town of Newburyport,
and the principle End of said Society, being to improve the
Knowledge of this Coast, by the several Members upon their
Arrival from Sea, communicating their Observations Inwards
and Outwards of the Variation of the Needle, Soundings, cour-
ses, distances, and all other remarkable things about it in Writ-
ing, to be Lodged with the vSociety, for making the Navigation
more safe ; and also to relieve one another, and their Families in
Poverty or other adverse accidents of Life, which they are
more particularly liable to ; and have for this End raised a Con-

822

APPENDIX.

Persons incor-
porated.

Powers.

Real and per-
sonal estate.

First meeting.

Annual meet-
ing.

siderable Common Stock ; and the said Persons associated as
aforesaid finding themselves under difficulties and discourage-
ments in Carrying on the said Designs without an Incorpora-
tion : and .James Hudson, and others of them having Petitioned
the Great and General Court of this State in their present Ses-
sion, to be incorporated for the Purposes aforesaid ; and their
Intention appearing Laudable and deserving Encouragement :

Be it Enacted, by the Council, and House of Representa-
tives in General Court Jlssembled, and by the Authority of the
same, that James Hudson, Thomas Jones, Jonathan Parsons,
William Freind, Samuel Newhall, Michael Hodge, David
Coats, William Stickney, William Noyes, Joseph Stanwood,
Moses Hale, William P. Johnson, Nathl. Novell, Joseph
Noyes, Henry Freind, Joseph Newman, Nicholas Johnson, Mo-
ses Brown, James Johnson, William Wyer and William Nichols ;
the Members of said Society be Incorporated and made a Body
politic for the purposes aforesaid by the Name of the Marine
Society at Newbury port in New England : And that they, their
Associates and Successors have perpetual succession by said
Name, and have a power of making By-Laws for the preserva-
tion and Advancement of said Body, not repugnant to the laws
of the Government with penalty, eiiher of disfranchizement from
said Society, or of a Mulct, noi exceeding Twenty Shillings, or
without penalties, as it shall seem most meet, and have Leave
likewise to make, and appoint their Common Seal, and be liable
to be sued, and enable [enabled'] to sueandmake pui'chases and take
Donations of Real and Personal Estate for the purposes afore-
said, provided, the Rents of the Real Estate, together with the
Interest of the Personal Estate, shall not exceed the Sum of
Eight hundred pounds pr Annum ; and to manage and dispose
said Estate as shall seem fit ; and said Society shall have a Mas-
ter, Deputy Master, Treasurer and Clerk and other Officers
they shall think proper.

./Ind be it therefore further Enacted^ by the Authority afore-
said that the said Marine Society shall on the first Thursday in
November next, Assemble to appoint their first Master, Dep-
uty Master, Treasurer and Clerk, and other Officers as they
shall think proper, and their Seal, and nuike By-Laws : and said
Officers shall continueuntill the Last Thursday in November One
thousand seven himdred and Seventy Eight, on which day and
ever after on the last Thursday of November Annually said Ma-
rine Society shall meet at Newbury Port aforesaid to chuse a
Master, Deputy Master, Treasurer, and Clerk, and other Offi-
cers, as they shall think proper, and for the Admission of New
Members, which shall be done by a Major Vote of the Mem-
bers present at said Annual Meeting, and to make, alter, and
Annul their By-Laws : and if, by reason of any Emergency the
Business of said Annual Meeting cannot be Compleated on said
day, they may Adjourn once to a short day to finish it and no
more ; and said Society shall meet at Newbury Port on the last
Thin'sday of every month for all other business ; and when ever

APPENDIX. 823

any of the Officers of said Society shall die or be disabled or
remove out of the Government, others shall be appointed or
Elected in their room at the next monthly meeting, by a Major
Part of the Members present, and all Instruments which said
Society shall lawfully make shall when in the Name of said Soci-
ety, and pursuant to the votes thereof, and Signed and delivered
by the Master, and Seal'd with their Common Seal, bind said
Society, and be valid in Law. [^Oct. 13, 1777.] Add. acts,
1814 ch. 69 : 1829 ch. 30.

An Act for erecting' a Parish lately set off from the Towns of Worcester, Sutton,
Oxford, and Leicester in the County of Worcester, into a Town by the name
of Ward.

Whereas the Inhabitants of the Parish lately set off from Preamble,
the Towns of Worcester, Sutton, Oxford, and Leicester in the
County of Worcester, have represented to this Court the great
difficulties and inconveniencies they Labour under in their pre-
sent Situation, and have Earnestly requested that they may be
incorporated into a Town, by the Name of Ward :

Be it therefore Enacted, and it hereby is Enacted by the Coun-
cil and House of Representatives in General Court assembled,
and by the Authority of the same, that the said Parish, now to Boundaries of
be incorporated into a Town by the Name of Ward shall be ^^^ '°^"-
bounded as follows, viz : beginning at a heap of Stones in the
line between Sutton and Oxford, and from thence running North
thirty five degrees East upon the Sutton line tvvelve hundred and
forty four rods to a heap of Stones ; fi'om thence North, Sixteen
degrees West upon Worcester line Two hundred and eighty
eight Rods to a heap of Stones : from thence North, thirty two
degrees West upon Worcester Line Eighty rods to a heap of
Stones, from thence North Eleven degrees West upon Wor-
cester Line One hundred and Seventy four Rods to a heap of
Stones : from thence West, three Degrees South partly on
Worcester and partly on Leicester lines. Nine hundred and
twenty four Rods to a heap of Stones : from thence South, for-
ty three degrees West on Leicester line three hundred aiid
twenty Rods, to a Gray Oak Tree : from thence, North, thirty
three degrees and thirty minutes West upon Leicester Line five
hundred and Sixty Rods to a heap of Stones : from thence
partly on a Gore and partly on the Oxford Line five himdred
and Sixty Seven Rods to a heap of Stones, from thence East
forty degrees South on Oxford line three hundred and fifty
Eight Rods to a White Pine Tree and h'om thence East Six
degrees South upon Oxford line three hundred and Seventy
Rods, to the first mentioned Heap of Stones, which described
Plot of Ground Contains Eight thousand three hundred and
forty Acres, and is hereby erected into a Town by the Name
of Ward.

Provided nevertheless, that Samuel Curtis, the Widow Mary Persons not in-
Biggelow, Daniel Biggelow, William Elder, John Elder,
Jonathan Fisk, Benjamin Chapin, Eli Chapin, Joseph Clark,
Moses Bancroft, John Savory, Levi Stone, Abel Holman,
Stephen Holernan, Samuel Trask, Jabez Stock well, Joseph

eluded iu the
town.

824 APPENDIX.

Pratt and the Widow of the late Johnson Watson, residents
within the aforenamed Town of Ward, as herein described,
with their Polls, Lands and other estates now in their possession,
although included within the aforesaid Bounds of the said Town
of Ward but not included within the said late Parish, shall never-
theless be accounted as parts of the said Towns of Worcester,
Sutton, Oxford or Leicester, to which they respectively belong-
ed before the Enacting hereof, so long as they Severally, or
their Several Heirs or Assigns of the same lands, shall see
cause so to lye and belong to the said Towns of Worcester,
Sutton, Oxford or Leicester, to which they respectively belong-
ed before the Enacting hereof, and shall do duty and receive
priviledge within their said respective Towns, so long as they
shall so remain, but no longer, and provided the said Samuel
Curtis, the Widow Mary Biggelow, Daniel Biggelow, William
Elder, John Elder, Jonathan Fisk, Benjamin Cliapin, Eli Cha-
pin, Joseph Clark, Moses Bancraft, John Savory, Levi Stone,
Abel Holeman, Stephen Holman, Samuel Trask, Jabez Slock-
well, Joseph Pratt and the Widow of the late Johnson Wat-
son, or their respective Heirs or Assigns of the same Lands
now in their possession as aforesaid or any or either of them,
shall at any time hereafter, refuse to lay to the said Several
Towns of Worcester, Sutton, Oxford or Leicester to which
they respectively belonged before the Enacting hereof, and shall
refuse to pay their proportionable part of the Taxes in any of
How said per- said Towns for said Lands and Estate : and that if either or any
thelowK ■'°"' o^l^he persons aforesaid their respective Heirs or Assigns, so
refusing shall Signify their intention of joining with the said
Town of Ward in all Town-Affairs for the future, and shall by
a Writing, under his or their hands, to the Town Clerk of any
of the said Towns of Worcester, Sutton, Oxford or Leicester
to which he or they shall then belong [and] Signify the same :
such Town Clerk shall and he hereby is directed immediately to
transmit an Attested Copy of the same to the town Clerk of the
said Town of Ward, who shall record the same in said Town's
Records, and which shall empower the Inhabitants of said Town
of Ward, to Tax such Inhabitants, Lands and Estate, in all future
Taxes, as though he or they, his or their said Lands and Estate,
had been set off with the other Inhabitants, in this present Act
included, and shall be Subjected to all duties, and invested with
all the priviledges of the said Town of Ward in Common as the
other Inhabitants are Subjected to, or invested with, and shall be
held to pay all such Taxes as thereafter shall be so laid upon
them ; and they shall also be held to pay all such Taxes as are
or shall be laid upon them by the respective Towns of Worces-
ter, Sutton, Oxford or Leicester, to which they respectively
belonged previous to the Enacting hereof at any time before
such Notification be given to the Town Clerk of said Worces-
ter, Sutton, Oxford or Leicester, in manner as aforesaid or to
any of them, and not otherwise.

And Provided Jllso, that Paul Thurston, Elisha Livermore

APPENDIX. 825

and Uriah Stone, Jiinr., with their several Lands and Estate lying How persons
contiguous to, but on the outside of the said described Line of [!^w^n.''°'" *^'
the Town of Ward, shall have right to Join themselves and said
Estates to said Town of Ward, tliey Severally taking the same
measures as are herein-before laid down in the former Proviso.
And the said Town of Ward shall be, and hereby is invested
with all the rights, priviledges, powers and immunities, belonging
in Common to other towns within this State. Jind Provided
nevertheless , and it is hereby further enacted, that the said Town
of Ward, shall pay their proportion of all Town, County, and
State Taxes already set on or granted to be raised by the Gen-
eral x\ssembly of this State in the County of Worcester or the
said Towns of Worcester, Sutton, Oxford and Leicester or
any of them, in like manner as if this Act had not been made.

Stid be it further enacted, that Edward Davis Esqr., be and First meeting,
hereby is directed and impowered to issue his Warrant directed
to some principal Inhabitant within said Town of Ward requir-
ing him to Warn the Inhabitants of said town of Ward qualified
to vote in town affairs, to Assemble at some suitable time and
place in said Town, to choose all such Officers as the Law
requires to manage the affairs of said Town.

^nd it is hereby further Enacted, That the respective Town Dutyofiown
Clerks of said Worcester, Sutton, Oxford and Leicester, before •''^'■''^•
the first meeting of the said Town of Ward, shall deliver to the
Person who shall be directed and impoweied as aforesaid to
Warn said Inhabitants a Copy of the last list of Valuation of the
Real and personal Estate of the Inhabitants of said Town of
Ward, in Order to determine the qualification of voters at said
Meeting, and that the Inhabitants who shall appear by said list, to
be voters according to Law shall be allowed to vote. [^Jlpril
10, 1778.] Add. act, 1837 ch. 14.

An Act for Incorporating the Easterly part of the Town of Sudbury in the Couuty of
Middlesex, into a Separate Town by the Name of East Sudbury.

Whereas it appears to this Court that the Inhabitants of the Preamble.
Easterly Part of the Town of Sudbury in the County of Middle-
sex, labour under many difficulties in their present situation, and
Whereas for the remedying of which they have earnestly re-
quested that they may be Incorporated into a Separate Town :

Be it therefore Enacted by the Council and House of Rep-
resentatives in General Court assembled, and by the Authority
of the same that the Easterly part of the Town of Sudbury in Boundaries of
the County of Middlesex, Bounded as followeth, viz : Beginning the town,
with the River, between Concord and Lincoln, thence to run
with the River till it comes to the mouth of a Ditch on the Wes-
terly Side of said River between the Meadows of William Bald-
win Esq., and Eliakim Rice thence on the said Ditch to the
County Road leading to Stow crossing said Road and Bounded
on the Southerly side thereof, till it comes to the line between
ihe land of Nathaniel Rice and Jonathan Carter — thence South-
erly witli the line between said Rice and Carter, to the land of

VOL VII. 104

826 APPENDIX.

Lieut. Elisha Wheeler, then running Eastwardly with the hue,
between said Carter and Wheeler, to the County Road, leading
to Marlborough, thence running up and bounding on the West-
erly side ot" said Road, till it comes opposite to the line between
the Heirs of Lieut. Daniel Goodenow deceased and land in pos-
session of Robert Ernes at Sandy Hill so called ; thence cross-
ing said Road, to the Corner aforesaid, thence running to a
White Oak Tree, near the Head of Capt. Moses Maynard's
Meadow, thence running a straight line to a Swanip While Oak
Tree, standing on the bank of the River, Eastwardly from the
dwelling house of Capt. Moses Stone, thence up and with said
River to Framingham Line ; thence bounded on all other parts
agreeable to the known and Ancient Bounds of the Town of
Sudbury on the Towns of Framingham, Natick, Wesiown and
Lincoln, to the first mentioned Bounds, Be, and hereby is Incor-
porated into a Town by the Name of East Sudbury, and that the
Inhabitants thereof be and they are hereby Invested with all the
Powers, Privileges and Immunities which the Inhabitants of
Towns within this State do or may by Law enjoy.
Support of Provided J\*evertheless, and be it further Enacted^ that the In-

brid-es and habitants of said Town of East Sudbury, and the Town of Sud-
bury, shall support and maintain the Bridges and the long Cause-
ways over the River and Meadows, near Mr. Jonathan Carter's
within said Town of East Sudbury — Notwithstanding said Cause-
ways and Bridges lying witiiin the said Town of East Sudbury,
in equal proportion between the said Town of East Sudbury and
the town of Sudbury, and that the Town Stock of Arms and
Ammunition, be divided, according to the Number of Persons
that are obliged to bear Arms in said Towns ; and that the Do-
nation given by Mary Dean to the Inhabitants of the East
side of the River be disposed of according to the Direction of
the Donor, and all other Donations given to the Poor or for the
Benefit of Schools, and all Lands and all INIonies now in the
Treasury, or due on Bonds under the care of Trustees or by
any other way or means, that doth belong to the Town of Sud-
bury, shall be equally divided between said Town and the Town
of East Sudbury. And the Poor which now belong to the said
Town of Sudbury shall be divided between the Town of Sud-
bury and the Town of East Sudbury according to the last Tax
Act.

And it is also Enacted, that tiie House and Lands of Caleb
Wheeler, together with the Training Field adjoining thereto
remain to the Town of Sudbury.
Rights in com- And Be it further Enacted, that the Proprietors in the Town
vided^^ids"^'' °^ Sudbury shall forever hold all their Rights and Privileges in
all their Common and Undivided Lands, and Remain a Joint
Propriety in the Town of Sudbury and the Town of East Sud-
bury as if the Town of East Sudbury had not been set off" into a
Separate town.

And Be it further Enacted, that the said Town of East Sud-
bury shall be held to pay their proportionable part of all Town,

APPENDIX. 827

County, and State Taxes that have been Assessed, or Granted, ^^^™®°'°^
or that shall be Granted to be assessed on the Town of Sud-
bury, by the Great and General Court during their present Ses-
sion.

And Be it further Enacted that Josiah Stone, Esquire, be. First meeting,
and he is hereby directed and iinpowered to issue his warrant
directed to some Principal Inhabitant of said Town of East
Sudbury requiring him to warn the Inhabitants of said Town of
East Sudbury Qualified by Law to act in Town affairs to As-
semble at some suitable time and place in said Town, to choose
all such Officers as Towns by Law are required to choose in the
Month of March annually, and to transact all other matters and
things necessary to be done in said town. [April 10, 1780.]
Add. acts, 1785 ch. 57 : 1835 ch. 50.

An Act to incorporate an Academy in the Town of Andover by the name of Phillips
Academy.

Whereas the education of Youth has ever been considered by Preamble,
the wise and good, as an object of the highest consequence to
the Safety and Happiness of a People : — As at that period the
mind easily receives and retains impressions, is formed with pe-
culiar advantage to Piety and Virtue, and directed to the pursuit
of the most useful knowledge ; — And whereas the Honorable Sam-
uel Phillips of Andover in the County of Essex, Esquire, and the
Honorable John Phillips of Exeter, in the County of Rocking-
ham and State of New Hampshire Esquire, on the first day of
April, in the year of our Lord one thousand seven hundred and
seventy eight, by a legal instrument of that date gave, granted and
assigned to the Honorable William Phillips Esquire and others
therein natned, and to their heirs, divers lots and parcels of land
in said instrument described, as well as certain other estate, to
the use and upon the trust following, viz : that the rents, profits
and interest thereof be forever laid out and expended, by the
Trustees in the said instrutnent named for the support of a pub-
lic free School or Academy in the town of Andover ; — And
whereas the execution of the generous and important design of
the grantors aforesaid, will be attended with very great embar-
rassments, unless by an Act of incorporation, the Trustees men-
tioned in the said instrument and their Successors shall be au-
thorized to commence and prosecute actions at law, and trans-
act such other matters in their corporate capacity as the interest
of the said Academy shall require :

Be it therefore enacted by the Council and House of Repre-
sentatives in General Court assembled^ and by the Authority of
the same^ that there be, and there hereby is established, in the Academy es-
Town of Andover and County of Essex, an Academy by the 'at>''«^eci.
Name of Phillips Academy for the purpose of promoting true
Piety and Virtue, and for the Education of Youth in the En-
glish, Latin, and Greek Languages together with writing, Arith-
metic, Music, and the Art of speaking, also practical Geometry,
Logic, and Geography and such other of the liberal Arts, and
Sciences, or Languages as Opportunity may hereafter permit,
and as the Trustees herein after provided shall direct.

828

APPENDIX.

Trustees incor-
porated.

Lands and es-
tate confirmed
to Trustees.

Powers.

Visitors and
their powers.

Be it further Enacted by the Authority aforesaid that the
Hon]. Samuel Phillips of Andover aforesaid Esqr., the Honl.
John Phillips of Exeter aforesaid Esqr., the Honl. William
Phillips and Oliver Wendell Esqrs., and John Lowell Esqr., of
Boston in the County of Suffolk and State of Massachusetts Bay
the Revd. Josiah Stearns of Epping in the County of Rocking-
ham aforesaid, the Revd. William Symms of said Andover, the
Revd. Elias Smith of Middleton in the said County of Essex
the Revd. Jonathan French, Saml. Phillips Junr., Esqr., Mr.
Eliphalei Pearson, Gentleman, and Mr. Nehemiah Abbot, Yeo-
man, all of Andover aforesaid be, and they hereby are nominat-
ed and appointed Trustees of said Academy, and they are here-
by incorporated into a body politic by the name of the Trustees
of Phillips Academy, and that they and their Successors shall
be and continue a body politic and corporate by the same name
forever.

And he it further Enacted by the Authority aforesaid^ that all
the Lands and monies, which, by a legal Instrument bearing
date the first day of April in the Year of our Lord one thousand
Seven hundred and seventy eight were given, granted and assign-
ed by the beforementioned Samuel Phillips and John Phillips
unto the said William Phillips, Oliver Wendell, John Lowell,
Josiah Stearns, William Symmes, Elias Smith, Jonathan
French, Samuel Phillips Junr., Eliphalet Pearson and Nehemi-
ah Abbot, and to their heirs be and they hereby are Confirmed
to the said William Phillips and others last named, and to their
Successors as Trustees of Phillips Academy forever, for the
Uses and purposes and upon the Trust, which in said Instru-
ment are expressed ; — And the Trustees aforesaid their Suc-
cessors and the Officers of the said Academy, are hereby requir-
ed in Conducting the Concerns thereof, and in all matters relat-
ing thereto, to regulate themselves Conformably to the true
design and intention of the said Grantors, as expressed in their
Instrument abovementioned.

And be it further Enacted by the Authority aforesaid, that
the said Trustees and their Successors shall have one Common
Seal, which they may make use of in any cause or business that
relates to the said Office of Trustees of the said Academy, and
they shall have power and authority to break, change and renew
the said Seal from time to time as they shall see fit : and that they
may sue and be sued in all actions, real, personal and mixed, and
prosecute and defend the same unto final Judgment and execu-
tion by the name of the Trustees of Phillips's Academy.

And be it further Enacted by the authority aforesaid, that the
said Samuel Phillips and others the Trustees aforesaid and their
Successors, the longest livers and Survivors of them be the true
and sole Visitors, Trustees and Governors of the said Phillips
Academy in perpetual Succession forever, to be continued in the
way and manner hereafter specified, with full power and authori-
ty to elect such Officers of the said Academy, as they shall judge
necessary and convenient, and to make and ordain such Laws,

APPENDIX. 829

Orders and Rules, for the good Government of said Academy,
as to them the said Trustees, Governors and Visitors aforesaid
and their Successors, shall from lime to time according to the
various occasions and Circumstances seem most fit and requisite,
all which shall be observed by the Officers, Scholars and Ser-
vants of the said Academy upon the penalties therein contained ;
Provided JSTotwithstanding that the said Rules, Laws and Or-
ders be no ways contrary to the Laws of this State.

t/3nrZ be it further Enacted by the Authority aforesaid that the Number of
Number of the said Trustees aforesaid and their successors, shall Trustees.
not at any one time be more than Thirteen nor less than Seven ;
Seven of w'hom shall constitute a Quorum for transacting busi-
ness, and a major part of the Members present at any legal
Meeting, shall decide all Questions that shall come before them,
except in the instance herein after excepted ; That the Princi-
pal Instructor for the time being shall ever be one of them ; that
a Major part, shall be Laymen and respectable Freeholders, also
that a Major part shall consist of iMen who are not Inhabitants of
the Town wliere the Seminary is situate — And to perpetuate
the Succession of the said Trustees,

Be it further enacted by the Authority aforesaid that as often Election of
as one or more of the Trustees of said Phillips Academy shall Trustees.
die or resign, or in the Judgement of a Major part of the other
Trustees, be render'd by age or otherwise, incapable of dis-
charging the duties of his Office, then and so often, the Trustees
then surviving and remaining or the Major part of them, shall
elect one or more persons to supply the Vacancy or Vacancies.

And be it further Enacted by the Authority a/oresafrf, that the Real and per-
Trustees aforesaid and their Successors, be, and they hereby *°"^* ^*'^'®-
are rendered capable in Law to take and receive by Gilt, Grant,
Devise, Bequest or otherwise any Lands, Tenements or other
Estate real and Personal, provided^ that the annual income of the
said real Estate shall not exceed the sum of Five Hundred
pounds and the annual income of the said Personal Estate shall
not exceed the sum of Two Thousand pounds, both sums to be
valued in Silver at the rate of six shillings and eight pence by
the Ounce : To have and to hold the same, to them the said
Trustees and their Successors, on such Terms and under such
Provisions and Limitations, as may be expressed in any Deed
or instrument of Conveyance to them made : Provided alicays^
that neither the said Trustees nor their successors shall ever
hereafter receive any Grant or Donation, the Condition whereof
shall require them or any others concerned to act in any respect,
counter to the design of the first Grantors, or of any prior Do-
nation ; and all Deeds and Instruments which the said Trustees
may lawfully make, shall when made in the name of the said
Trustees, and signed and Delivered by the Treasurer, and Seal-
ed with their Common Seal, bind the said Trustees and their
Successors and be valid in Law.

And be it further Enacted by the Authority aforesaid^ that if
it shall hereafter be judged upon mature and impartial Conside-

830 APPENDIX.

Power of re- ration of all Circumstances, by two thirds of all the Trustees,

moving semi- , r i i<-ii -i i-i !•• i

nary. that lor gooQ and bubstantial reasons winch at this time do not

exist, the true design of this Institution will be better promoted,
by removing the Seminary from the place, where it is founded,
in that case it shall be in the Power of the said Trustees to re-
move it accordingly, and to establish it in such place within this
State, as they shall judge to be best calculated for carrying into
effectual execution the intention of the Founders. [^Oct. 4,
1780.] Add. acts, 1807 ch. 22 : 1813 ch. 125 : 1823 ch. 50.

INDEX.

[In this Index subjects not referred to in their alphabetical order will be found under some one of the fol-

lowing general heads, viz :
ACADEMY,
ANNEXATION,
BANK,
BRIDGE,
CANAL,
FISHERY,

INSTITUTION FOR SAVINGS,
INSURANCE COMPANY,
MANUFACTURING CORPORA-
TION,
MINISTERIAL FUND,
NAMES CHANGED,

PARISH, PRECINCT OR

RELIGIOUS SOCIETY,

RAIL-ROAD CORPORATION,

SOCIETY,

TURNPIKE,

WHARF.]

Academy — Adams, incoi'porated, ....

Beverly, incorporated, ....
Boxford, proprietors incorporated, .
Central Village, in Dracut, incorporated,

Dorchester, proprietors and trustees incorporated,

Dukes County, incorporated,

East Bridgewater, proprietors incorporated,

Edgartown, proprietors incorporated, .

Egremont, proprietors incorporated,

Falmouth, incorporated,

Fellenberg, in Greenfield, incorporated,

Franklin, proprietors incorporated.

Fuller, incorporated, ....

Goodale, incorporated,

Lynn, incorporated, ....

Millbury, proprietors incorporated,

New England Christian, incorporated, .

Newton Female, incorporated,

Pawtucket, incorporated,

Phillips, in Andover, incoi-porated,

Pierce, incorporated, ....

Randolph, Lncoi-porated,

Rochester, incorporated.

South Reading, authorized to sell real estate,

Westminster, incorporated,

Winnisimmet, incorporated,

Worcester Female, proprietors incorporated, .
AiBANT Wharf and Warehouse Corporation established
American Academy of Arts and Sciences, S. J. Court authorized to hear
and determine, in equity, all matters in relation to Count Rumford's
donation to, .

273

489 ■
48

310

271

324

763

318

164

509

198

365

408

283

257
227
736
22
185
827
506
379
761
771
284
509
248
698

832

INDEX.

American Institute of Instruction, incorporated,
American Stationers Company, incorporated,
Amherst Female Seminary, proprietors incorporated,
Andrews Fishing Company, in Harwich, incorporated, .
Annexation to Athol, of a part of New Salem,

Boston, of Thompson's Island from Dorchester,

Dorchester, of a part of Dedham,

Foxborough, of a part of Wrentham,

Framingham, of a part of HolUston, .

HaUfax, of a part of Plympton, ,

Hardwick, of a gore of unincorporated land,
of Hardwick Gore,

Holden, of a part of Paxton, .

Lowell, of a part of Tewksbury, .

Orange, of a part of Erving's Grant, .
of a part of New Salem,

Palmer, of a part of Western,

Provincetown, of a part of Truro,

Sutton, of a part of Northbridge,

Walpole, of a part of Foxborough,
line altered,
AspiNWALL, Samuel, authorized to extend his wharf,

Atkinson Donation, School District, No. 2, in Newbury, authorized to sell,
Atwood, Pain G. authorized to erect a bridge over Duck Creek, in Wellfleet,
Auburn, name of the town of Ward changed to, .

48
620
655
662
751
456
121

26
294

26
291

278, 476

748

749

27
612
111
398
473
800
605
333
731

Baker, N. and others authorized to build a bridge over Swan Pond River,

in Dennis, ........ 527.,

Bank, Adams, incorporated, ...... 220

increase of capital authorized, .... 626

Agricultural, charter continued, ..... 40

increase of capital authorized, .... 678

American, authorized to reduce its capital stock, ... 13

charter extended, ...... 40

Amherst, Sunderland, name and location changed to, . . 103

Andover, charter extended, ...... 40

increase of capital authorized, . . . 171, 369, 619

Asiatic, charter extended, ...... 40

Atlantic, charter extended, ...... 40

Atlas, established, ....... 407

time extended for paying in capital stock, . . . 429

Attleborough, established, ...... 632

Bank of Brighton, incorporated, ..... 247

increase of capital authorized, . . . 617

Bank of General Interest, incorporated, .... 67

increase of capital authorized, . . 620

INDEX.

833

Bank, Bank of Norfolk, chartei- extended,

Barnstable, charter extended, ...

increase of capital authorized,
Bedford Commercial, charter extended,

increase of capital authorized,
Beverly, charter extended, ....

increase of capital authorized,
Blackstone, in Boston, established, •
Blackstone, in Uxbridge, chai-ter extended,
Boston, charter extended, ....
Brighton, allowed further time to close their concerns,
Bristol County, in Taunton, incorporated, .

increase of capital authorized.
Bunker Hill, charter extended,
Cabot, established,
Cambridge, charter extended,

reduction of capital authorized;
Central, charter extended,
Charles River, incorporated,
Charlestown, incorporated, .
Chelsea, established,

charter repealed,
Chicopee, established,
Citizens', in Nantucket, incorporated.
Citizens, in Worcester, established.
City, in Boston, charter renewed.
City, in Lowell, established,

time for paying in capital extended,
Cohannet, allowed further time to complete subscription,

increase of capital authorized,
Columbian, charter extended.
Commercial, in Boston, incorporated.
Commercial, in Salem, charter extended.
Commonwealth, charter extended, .
Concord, incorporated, .
Danvers, charter extended, .

increase of capital authorized,
Dedham, charter extended, .

increase of capital authorized,
Dorchester and Milton, incorporated,
Duxbury, established.
Eagle, charter extended.
East Bridgewater, established, .
Essex, established,
Exchange, chaiter extended,
Fairhaven, incorporated,

increase of capital authorized,
Fall River, charter extended,

capital stock reduced.

VOL. VII.

105

834

INDEX.

Bank, Fall River, increase of capital authorized,
Falmouth, charter extended, .
Fai'mers and Mechanics, established,

time for paymg in capital extended,
Fitchburg, incorporated,

Framingham, established, ....
Franklin, in Boston, charter extended, .

uicrease of capital authorized,
Franklin, in Greenfield, charter extended,

name changed to Greenfield,
Freeman's, in Boston, established,
Fulton, name of Winnisimmet changed to, and location altered,
Globe, charter extended, ....

Gloucester, charter extended,

increase of capital authorized.
Grand, incorporated, .....

increase of capital authorized, .
Granite, name of Mercantile, in Boston, changed to,

location altered, ....

Greenfield, name of Franklin changed to, .

increase of capital authorized,
Hamilton, incorporated, ....

Hampden, charter extended, ....
Hampshii'e, in Northampton, charter extended,

charter annulled, for certain purposes,
Hampshire Manufacturers', in Ware, charter extended,

increase of capital authorized,
Hancock, established,

Haverhill, established, ....
Hingham, established,

increase of capital authorized,
Housatonic, charter extended,
Ipswich, established, ....
India, established, ....
Kilby, established, ....

Lafayette, established,

Lancaster, established, ....
Lee, established, . • . .

Leicester, charter extended,
Lowell, charter extended,

increase of capital authorized, .
Lynn Mechanics, charter extended,

increase of capital authorized,
Manufactm-ers, at Rowley, established,
Manufacturers' and Mechanics', charter extended,
Marblehead, charter extended,
Mai'ine, in New Bedford, incorporated,
increase of capital authorized.
Market, incorporated,

INDEX

835

Bank, Market, increase of capital authorized, ....

Massachusetts, charter extended, .....
Mechanics', hi New Bedford, incorporated.
Mechanics', ui Newburyport, charter extended,

increase of capital authorized.
Mechanics', at South Boston, established, ....
Mendon, charter extended, .....

bills to be redeemed at the Commercial Bank, in Boston,
Mercantile, in Boston, incorporated, ....

named changed, and time for paying in capital extended.
Mercantile, in Salem, charter extended.
Merchants', in Boston, incorporated,

increase of capital authorized.
Merchants', in New Bedford, charter extended,

authorized to increase their capital stock.
Merchants', in Newburyport, incorporated, .

increase of capital authorized.
Merchants', in Salem, charter extended,
Merrimack, charter extended, ....

mcrease of capital authorized, .
Middlesex, incorporated, ....

Middling Interest, established,

Millbury, charter continued, ....
Nahant, established, ....

charter repealed, ....

Nantucket, incorporated, ....
Naumkeag, incorporated, ....

increase of capital authorized,
Neponset, established, .....
Newbuiyport, charter extended,

to cease to be a banking company,
Newburyport, established, ....
New England, charter extended.
North American, established,
Northampton, established, ....

increase of capital authorized.
North, charter extended, ...

Ocean, ui Newbiu-yport, incorporated.
Old Colony, in Plymouth, incorporated.
Oriental, incoi-porated, ....

increase of capital authorized,
Oxford, chai'ter continued, ....
Pacific, charter continued, ....

payment to A. Mitchell and others, and subscription for stock,
Pawtucket, charter extended, .....

People's, established, .....
capital stock reduced,

charter repealed, ....

act to repeal the charter repealed.

724

101

375

626

249

230

330

203, 617

.68

377

205, 611

683

367

801

610

623

106

677

625

374

774

364

219

148

200

380

487

727

760

836

INDEX.

Bank, Phoenix, incorporated, .....

increase of capital authoi-ized,
Plymouth, chaiter extended, ....

Powow River, established, ....

Quincy Stoue, established, ....

Quinsigairiond, established, ....

Rail-road, incorporated, ......

uicrease of capital authorized, . . . 204,

Randolph, established, .....

Roxbury, established, .....

Salem, charter extended, .....

Shawmut, name of Warren, in Boston, changed to,

Shoe and Leather Dealers', established.

South, established, .....

Southbridge, established, .....

Springfield, charter extended, ....

increase of capital authorized.
State, charter extended, ....

charter repealed, .....

act to repeal the charter repealed,
Sufl^oJk, charter extended, .....

Simderland, charter extended, and capital stock to be made up,

name and location changed to Amherst,
Taunton, charter extended, ....

increase of capital stock autliorized,
Traders', incorporated, .....

Tremont, charter extended, ....

Union, charter extended, ....

Union, of Weymouth and Braintree, incorporated.

Village, m Dauvers, established,

Waltham, established, .....

Wai-eham, established, .....

Wan-en, in Boston, established, ....

name changed to Shawmut,
Warren, in Danvers, incorporated,

increase of capital authorized,
Washington, chai-ter extended, ....

Winnisimmet, established, ....

tune for paying in capital extended,
name changed to Fulton, and location altered,
Winthrop, established, .....

Woburn, established, .....

Worcester, charter extended, ....

Wrentham, incorporated, .....

increase of capital authorized,

Banks, no individual or corporation to o^\■n more than half the capital of any

bank, .........

Corporations that are stockholders liable to make good deficiencies,
Bass Creek may be closed up by the town of Tisbury,

INDEX. 837

Beach Grass, destruction of, in Provincetown and Truro, prevented, . 366, 555

Belchertown Classical School, incorporated, .... 586

Bellingham, Franklin and Med way, dividing lines between straightened, 186

CiiLMONT Institute, incorporated, ..... 500

Belvidere Female Seminary, incorporated, .... 387

Berkshire County Commissioners authorized to pay expense of road in

Washington out of County treasury, .... 578

Berkshire 3Ianual Labor High School, established, . . . 433
Berkshire Medical Institution, authorized to confer degrees, and board of

overseers appointed, ....... 774

Berkshire Mining Company, incorporated, .... 744

Berkshire Silk Company, incorporated, ..... 760

Blanford, School District No. 3, who shall constitute board of trustees

and their powers, ....... 329

Boat Meadow River Company, incorporated, .... 773

Bonfires and false alarms of fire, penalties for making, . . 790
Boston, City of, bonfires, and false alarms of fire, proceedings for recovery

of penalties for making, in Boston, . . . 790
Bridge Free in, city may build wharves for the preservation of, 75

Chelsea, conditions of the connection with, . . 146
City Council to meet in October to determine number of

Representatives to General Court, . 122
authorized to appropriate money for the relief
of members of the Fii-e Department sus-
taining injuries, .... 127

may appoint directors of the House of Industry, 358
may empower surv eyors of highways to regu-
late sidewalks, .... 359

Gunpowder, storage and transportation of, ftirther regulated, 369
fines and forfeitures to enure to the use of the
Board of Engineers, . . . 758
Harbor of, provisions to prevent encroachments in, . 808
Islands and Beaches in Boston Harbor, penalties for com-
mitting trespasses upon, .... 482

Mayor and Aldermen authorized to lay out certain streets in, 387

authorized to extend Front street, 439

Mayor, election of, in certain cases, provided for, . . 8

Police Court, jurisdiction of, in cases under the license laws, 12

and Roxbury boundaiy lines between, established, . 585

altered, . . 798

School Committee, choice and powers of, . . 476

number and choice of, . . 556

Streets may be macadamized instead of being paved, . 103

Watch, Mayor and Aldermen may set, at such hour afl:er

sunset as they shall deem expedient, . . . 314
Wood, coal and bark, survey and admeasurement of, pro-
vided for, ...... 18

Wooden buildings in, the erection of, further regulated, . 566

Boston Academy of Music, incorporated, . . . . 400

838 INDEX.

Boston Asylum and Farm School for Indigent Boys, incorporated,

Boston and Bangor Steamboat Company, iucorpoi'ated,

Boston Bewick Company, incorporated, .....

Boston Copper Mining Company, incorporated,

Boston and Charlestown authorized to make Warren Bridge free,

Boston Exchange Company, incorporated, ....

Boston Farm School, proprietors incorporated, ....

Boston Gas Light Company, authorized to increase theii" capital stock,

further increase of capital and extension of pipes
into adjoining towns authorized,
Boston and Gloucester Granite Company, incorporated,
Boston Granite Company, incorporated, .....

Boston Harbor Ice and Tow Boat Company, incorporated,

Boston and Hingham Steam Boat Company, incorporated,

Boston Hydraulic Company, incorporated, . . .

Boston Hydraulic Dock Company, incorporated, ....

Boston and Lowell Stage Company, incorporated,

Boston Lying-in Hospital, incorporated, .....

depositions may be taken to perpetuate evidence

in relation to the proceedings of the trustees, 312

Boston and New York Coal Mining Company, incorporated, . . 784

Boston and Norwegian Coal Cobipany, incorporated, . . . 357

Boston Phrenological Society, incorporated, .... 382

Boston and Portsmouth Steam Boat Company, incorporated, . . 772

Boston and Roxbury Mill Corporation allowed a certain time to build

a dam from Boston to South Boston, .... 357

Boston Seminary for Young Ladies, established, .... 404

Boston Society of Natural History, incoi*porated, ... 39

Boston Wharf Company, incorporated, ..... 708

authorized to pm-chase additional flats, . 747

Bourne, Silvanus, authorized to extend his wharf on the Waukinco River in

Wareham, . . . . . . . .741

Braintree and Weymouth Coal Company, incorporated, . . 277

Brewster, act authorizing the town of, to sell ministerial lands repealed,

and proceeds of former sales to be paid to North Pai-ish in Harwich, 429

Brewster Harbor Company, uicoiporated, ..... 663

Bridge, Bass River, proprietors authorized to discontinue, . . 385

Bass River Lower, proprietors incorporated, . . . 257

Bass River Ujiper, proprietors incorporated, . . . 386

Boston South, proprietors authorized to sell their bridge to the city

of Boston, ...... 151

pi'oprietors authorized to discontinue bridge, unless

Boston purchase it, . . . . 264

Broad Cove, from Somerset to Dighton, authorized, . . 260

Central, authorized to reduce and compound tolls, . . 249

act authorizing them to reduce and compound tolls repealed, 404

Chelsea Free, proprietors incorporated, . . ... 470

Chelsea Point, proprietors incorporated, . . . 544

Choate's, in Ipswich, County Conmiissioners authorized to widen, 512

INDEX. 839

Bridge, Choate's, in Ipswich, further provisions concerning, . . 779
Dai'tinoutl), Company, meeting how called, . . . 324
time for completing bridge extended, 412, 490
Free, in the city of Boston, city may build wharves for the preser-
vation of bridge, ...... 75

wharves not to be built within foitv feet of other whai'ves, 126

Granite, established, ...... 779

Hancock Free, established, ...... 725

may continue tolls on West Boston Bridge atter its

transfer, ..... 786

Herring River, may be continued by Harwich, . . . 501
Hingham and Quincy Bridge and Turnpike Corporation, draws and

piers regulated, ....... 251

Little River, in Gloucester, County Conunissioners authorized to

erect a bridge over, ...... 781

Maiden, tolls, repairs and reversion of, to the Commonwealth, pro-
vided for, ...... 802

when act shall take effect, ..... 812

Mechanics' Whaif Company, in Ne^v Bedford, authorized to build a

bridge, ....... 621

Middlesex, incorporated, ...... 437

time for completing bridge extended, . . 757

Middlesex Merrimack River, name changed to Paturket, . . 426

Mill River, between Newbury and Rowley, established, . 443

Miller's River Bridge Corporation, established, . . . 540

Mount Holyoke, proprietors incoi-porated, .... 431

Neponset, proprietors authorized to build additional piers, . 1
Paddock, J., and others authorized to build a bridge over Sesuit

Creek, in Dennis, ...... 461

Patucket, name of 3Iiddlesex Merrimack River, changed to, . 426

Pitcher Great, provisions for rebuilding of, .... 124

Point Bridge Company, in Gloucester, incoi-porated, . . 206

Sunderland, width of bridge regulated, .... 239

Swan Pond River, in Dennis, N. Baker and others authorized to build, 527

Tenean Free Bridge Company, in Dorchester, incorporated, . 3-34
Three Rivers, in Palmer, to be supi^orted by the County of Hampden, 501

Wan*en, toll continued, ...... 279

tolls continued, settlement of accounts, &c., . . 404

act of 1833, concerning, continued in force, . . 471, 572

Boston and Charlestown authorized to make bridge free, 572

Wellfleet, over Duck Creek, may be erected by P. G. Atwood, . 333

Bristol Couxtt, Registry of Deeds for Southern towns in, established, 791

Broad Cove Dam Compaint, iucoi-porated, ..... 31

Broad Marsh Diking Compact, in Ipswich, incorporated, . . 484
Burgess, Elisha, and W. B. Pettis, authorized to extend their wharf in Somerset, 685

Cambridge Board of Health, may cause drains to be made, . . 443

840 INDEX.

Cambridge Common, enclosure of a part of, authoiized, ... 7
Cambridge, Fire Departmeut established in, . . . . . 266
Cambridgeport Aqueduct Company, incorporated, . . . 783
Canal, Agawarw, company incorporated, . _ . . . . 650
at Farley's Falls, may be constructed by Ipswich Manufacturing Com-
pany, 177

Hampshire and Hampden, time for the completion of extended, 186

Indian Orchard Canal Company, incorporated, . . . 747

New Haven and Northampton Company, incorporated, . . 675
notice may be given in any newspaper printed in the

county of Hampden, .... 691

Patucket, tolls and tow-paths regulated, .... 562

Quincy, authorized to place spiles or dolphins in Town river, . 242

assessment of shares authorized, .... 798

Springfield, company incorporated, .... 96

Cemetery of Mount Auburn, proprietors incorporated, . . . 536

New Bedford Rural, proprietors incorporated, . . 769

Taunton, proprietors incorporated, .... 595

Central Coffee House, in Hopkintou, i^roprietors incorporated, . 118

Charlestown and Boston, authorized to make Warren bridge free, . 572

Charlestown Dock Company, incorporated, .... 177

Charlestown Female Seminary, incorporated, .... 313

Charlestown Lyceum Hall in, mcorporated, .... 46

Charlestown Selectmen, authorized to establish regulations concerning the

burial of the dead, ....... 273

Charlestown Wharf Company, incorporated, .... 628

authorized to extend their wharves, . 801
Chatham Harbor, passage through Nauset Beach may be opened for the im-

provemeut of, ....... 175

Chase, J. and others, authorized to erect a Pier or Wharf in Dennis, . 442

Chelsea, conditions of the connection with Boston, . . . 146

Coal Company, Boston and New York Coal Mining Company, incorporated, 784

Boston and Norwegian, incorporated, . . . 357

Braintree and Weymouth, incorporated, . . . 277

Franklin, incorporated, ..... 181

restricted to digging for coal, . . . 274

Lycoming, incoqjorated, ..... 293

Mansfield, incorporated, ..... 649

Merrimack Coal Mining, incorporated, . . . 789

Comey, Benjamin, authorized to extend his whai-f, in Boston, . . 798
Concord River, laws obliging proprietors of mills on, to leave passages in their

dams for fish, repealed, ....... 526

Court, in the County of Middlesex, terms to be held at Lowell, and on what

conditions, . . . 723
former act revived and duties of County

Commissioners, . . . 754

Police, in the city of Boston, jurisdiction in cases of false alarms of fii-e, 790

jurisdiction under the license laws, 12

Police, in Lowell, established, ..... 314

INDEX. 841

Court, Police, in Lowell, time when act shall take eftect, . . 341

Police, in New Bedford, established, ..... 419

Police, in Newbury and Newburyport, established, . . 269

Police, established in Salem, ...... 150

Police, in Newburyport, established, .... 390

jurisdiction extended, ...... 325

Police, in Taunton, estabhshed, ..... 448

Probate for the County of Worcester, proceedings in, revived and

continued, ........ 574

Supreme Judicial, special term of, for the County of Essex, provided

for, , 14

term of, ibr the County of Suffolk, revived, . 20
authorized to hear and determine, in equity, all
matters in relation to Count Rumford's donation

to the American Academy of arts and sciences, 62
Crowell, Simeon, authorized to erect piers or wharves in Bass river, in

Yarmouth, ....... 430

Cuba Mining Company, incorporated, . , . . • 576

Danvers, inhabitants of neck of land in, subjected to the maintenance and

support of bridges and highways therein, . . . 819

proceedings of inhabitants of neck of land in relation to highways
and bridges confirmed, and provision requiring officers to be
fi'eeholders, repealed, ...... 700

Dartmouth and New Bedford, dividing line between, altered,

Dedham, part of annexed to Dorchester, ....

Dispensary, Lowell, incorporated, ....

Salem, incorporated, .....

Divinity School, Episcopal in Massachusetts, trustees incorporated,

Dock Company, Charlestown, incorporated, ....

Dorchester Whaling Company, incorporated,

Dover, town of, incorporated, .....

Duck Harbor and Beach Company, in Wellfleet, incorporated.

34
121
696

20
710
177
709
622

Dukes County exempted from the erection of House of Correction, . 515

East Boston Company, incorporated, ..... 373

East Boston Timber Company, incorporated, .... 474

East Boston Wharf Company, incorporated, .... 388

Eastern Point, in Gloucester, site of a light-house on, ceded to the U. S., 125

East Sudbury, town of, incorporated, ..... 825

name of, changed to Wayland, .... 509

Eaton, Lilley, authorized to sell real estate of South Reading Academy, . 771

VOL. VII. 106

842 INDEX.

Ellis, Benjamin, authorized to extend liis wharf into Wankinco river, in

Wareham, ........ 616

Episcopal Divinity School, in Massachusetts, trustees incorporated, . 710
Essex County Commissioners authorized to lay out a road and construct a

bridge over Little River, in Gloucester, .... 781

Essex County, special term of the Supreme Judicial Court in, provided for, 14

Essex County Teachers' Association, incorporated, . . . 797

Fairhaven and Rochester, dividing line between, established, . . 672

Fall River, name of Troy changed to, . . . . . 413

Fall River Mill Road, Rail-road, and Ferry Company, incorporated, 528

authorized to enter upon Boston and Providence Rail-road, &c., 711

doings of company confii-med, .... 757

Fall River Whaling Company, incorporated, .... 670

Female Seminary, m Springfield, incorporated, .... 47

Ferry, New Bedford and Fairhaven, proprietors incorporated, . 243
Fire Department, in Boston, City Council authorized to appropriate money

for the relief of members sustaining injuries, . 127

Cambridge, established, .... 266

time of appointment and exemption of

members from military duty regulated, 526

Duxbury, established, ..... 523

Gloucester, in the First, or Harbor Parish, established, 27

Hingham, established, .... 434

when act establishing shall take effect, . 527
Lowell, Selectmen may establish additional fire com-
panies, ...... 434

Lynn, established, ..... 598

New Bedford, established, ... 409
Firewards authorized to expend money
for repairs and additions to fire ap-
paratus, .... 489

Plymouth, established, . . . . 510

Salem, Charitable Association of, incorporated, . 305

Troy, established, ..... 260

Worcester, established, .... 492

Fire Society in the northwest district in West Cambridge, incorporated, 684

Fishery, Andrews Fishing Company, in Harwich, uicorporated, . 662

Chatham and Harwich Skinnaquits Fishing Company, incorporated, 157
Concord River, laws to prevent obstructions to the passage of fish

in, repealed, ....... 526

Connecticut River, law regulating the taking of fish in, repealed, 566

Dennis, further regulated, ..... 771

Dracut, laws relating to the alewive fisheiy in a stream running

fi-om Peter's Pond, in Dracut, into Merrimack River, repealed, 463
Duxbury, authorized to make regulations concerning the taking of

shell fish within its limits, ..... 65

INDEX. 843

Fishery, Harwich, in Andi-ews river, fishing company incorporated, . 662
Harwich and Chatham, Skinnaquits Fishing Company in, incorporated, 157
Merrimack river, repeal of forfeitures in former act, and reduction

of i)enalties, ...... . 198

Middleborough, ale wive regulated, .... 796

Monatiquot river, in Braintree, prosecutions for penalties regulated, 197

passage ways for fish m dam across, provided for, 793

Mystic River, shad and alewive further regulated, . . 655
Nantucket, provisions for the preservation of the Eel, at Muskeeket

Island, 401

Hope Oyster Company, incorporated, . . 756
Nantucket Oyster Company, incorporated, . . . . 673
Nemasket Rivei", in Middleborough, further regulated, . . 364
Nevvbmy, town may regulate in, ..... 796
North Falmouth Fishing Company, incorporated, . . 765
Orleans Fishing Company incorporated, and authorized to regulate
the alewive fishery in the brook from Hester's Pond to
Pleasant Bay, ..... 681
Fish Wear Company, incorporated, . . . 756
Rock Hai-bor Fishing Companj^, incorporated, . 782
Palmer's River, in Swansey, regulated, .... 643
Palmer River, in Rehoboth, further regulated, , . . 791
Plymouth, oyster and other shell fishery in, regulated, . . 1
Rochester, all the rights of, to the fishery in Weweantit River con-
ferred on Joshua B. Tobey, ..... 685
Sandwich, destruction of shell fish in, prevented, . . . 464
taking of alewives in Herring River regulated, . 466
Skinnaquits Fishing Company, in Harwich and Chatham, incorporated, 157
annual meeting to be in March, . . 732
Taunton Great River, near Kingsbridge, regulated, . . 250
near the mouth of Segregansett river, shad

and alemve regulated, . . . 184

Wellfleet, alewive in, regulated, ..... 602

Weymouth, alewive, further regulated, .... 674

FoxBOROUGH AND Sharon, dividing line between, established, . , 285

Francis, Ebenezer, authorized to extend his w^harf, . . . 515

Frankxin, Bellingham, and Medwav, dividing lines between straightened, 186

Franklin Co, \L, Company incorporated, ..... 181

prohibited from procuring coal, except by digging, . 274

Franklin County authorized to use gaol in Hampshire County, . 28

Fresh Pond Meadows, in Cambridge, Watertown and West Cambridge,

proprietors of, incorporated, ...... 458

Gloucester, County Commissioners for the County of Essex authorized to

lay out a road and construct a bridge over Little River, . 781

Point Bridge Company in, incorporated, . . . 206

844

INDEX

Gloucester, Town of, authorized to create mill privileges in the highway

over Goose Cove and to erect mills thereon, . . 42
Sandy Bay Pier Company in, powers enlarged, . . 225
Goose Cove, Town of Gloucester authorized to create mill privileges, in con-
structing the highway over, ...... 42

Grand Lodge of Massachusetts, act of incorporation repealed, . . 431
Green's Harbor Marsh, in Marshfield, dm-ation of the company for the

draining of, limited, ... .... 66

Grouse, destruction of prevented in Dukes' County, . . . 272
Grouse or Heath Hen, penalty for the destruction of, . . . 787
Gunpowder, storage and transportation of in the City of Boston further reg-
ulated, 369

fines and forfeitures to enure to the use of the Board of Engi-
neers, ..... ... 758

storage and sale of, in Lowell, regulated, . . • 359

Hampden County, to maintain bridge over the Three Rivers in Palmer,
Hampshire County Commissioners, authorized to pay Cummington a part
of the expense of a road and bridge, . . ...

Hampshire, County Gaol in, may be used by county of Franklin,
Hampshire and Hampden Mimng Company, incorporated,
Hanover and Pembroke, dividing line between, established,
Hardwick, Gore of land annexed to, .....

Harris, Isaac, authorized to extend his wharves, in Boston, .
Harvard College, vacancies in the Boad of Overseers, how filled,
Harwich, authorized to continue a bridge over Herring River,
Hawes Burying Ground, in South Boston, Trustees incorporated,
Hawes Fund, in Boston, Trustees incorporated.
Hedge, Barnabas, authorized to extend his Wharf into Wankinco River, in
Wareham, .......

Herring River Company, in Harwich, incorporated,

Hingham, landing place in, discontinued, ....

Hingham and Quincy Bridge and Turnpike Corporation, draws and pier
regulated, . . ......

HoBART, Abraham, authorized to erect a dam across Monatiquot River, in
Braintree, ........

HoLLisTON, HoPKiNTON AND MiLFORD, dividing Hues between, altered,
Holmes, John, authorized to extend his Wharf in Tisbury and to build a Ma-
rine Railway in the harbor of Holmes Hole, . . . .

Holmes, J. and C. Smith, authorized to maintain a Wharf in Edgartown,

Hood, John, authorized to extend his Wharf in Somerset,

HoosAC Rail or McAdamised Road Company, established,

Hopkins Donation, records of lands belonging to, in Hopkinton and Upton,

removed to the registry of deeds for the county of Middlesex,
Hopkinton, HoLLisTON and Mi i.ford, dividing lines between, altered,
Hopkinton Springs Company, incorporated, .....

501

413

655

505

26, 291

795

470

501

514

616
342
286
s

251

793
518

595
384
614

187

319
518

781

INDEX

845

Horticultural Society, Massachusetts, authorized to appropriate lands for

a Rural Cemetery, .... 149

peualties for trespasses, membership, and dona-
tions upon trust, . . . 451
HowLANP, D. and B. may extend a Wharf in Apponaganset River, in Dart-
mouth, ........ 210

Hydraulic Dock Company, in Boston, incorporated, . . ' . 520

Ice and Tow Boat Company, Boston Harbor, incorpoi-ated,
Indians and People of Color, in Dukes' County, salary of the guardian
increased, ........

Infant School Association, for the education of colored youth in Boston,
incorporated, . .......

Ingerpoll, James, authorized to extend his Wharf, in Boston,

Institute of Instruction, American, incorporated.

Institution for Savings, Andover, incorporated, ....

Barnstable, incorporated,

Boston, authorized to piu-chase and hold real es-
tate, . . . •
authorized to hold increased amount of
real estate, ....

Boston, for Seamen, incorporated,
Cambridge, established,
Canton, established,
Chelsea, established, .
City, in Lowell, established,
Concord, established, .
Dedham, incorporated,
Fairhaven, incorporated,
Gloucester, incorporated,
Greenfield, established,
Hingham, established,
Lexington, established,
Nantucket, established, .
Newton, incorporated,
Scituate, established.
South Boston, established,
Sturbridge, established, .
Wellfleet, established,
Weymouth and Braintree, incorporated.
Insurance Company, iEtna, name changed to National, and time extended
for payment of instalments, .
Bai-nstable County IMutual Fire, incoi-porated,

authorized to insure throughout the
Commonwealth,
Berkshire Mutual Fire, incorporated, .
Black stone, incorporated, ....

580
66

575

811

487

311
321
487
497
760
770
497

83
171

21
488
488
489
488
120
489
545
651
488
301

181
317

443
503
597

846 INDEX.

Insdrance Company, Blackstone, time for i)aying in capital extended, . 743

Boston, increase of ca])ital authorized, . . 383

Boston Mutual Fire, incorporated, . . . 295

Bowdoin, incorporated, .... 465
time extended for paying in capital stock, 515, 654

Cambridge Mutual Fire, incorporated, . . 334

Charlestown Fire and Marine, incorporated, . . 9
named changed to Neptune, and location

to Boston, .... 109

Charlestown Mutual Fire, incorporated, . . 605

City Mutual Fire, in Boston, incorporated, . 354
repayment of premium and deposit

money provided for, . . 427

Commei'cial, in Boston, incorporated, ... 91
authorized to hold increased amount of

real estate, .... 403

Commercial, in Nantucket, incorporated, . . 88

increase of capital authorized, . . 159

Dedham Mutual Fire, incorporated, . . 733

Duxbury Fire and Marine, incorporated, . . 411

Essex, incorporated, .... 490

Fairhaveu, incorporated, . . . . 62

Fall River Fire and Marine, incorporated, . 416

Firemen's, in Boston, incorporated, ... 97

Fishing, in Boston, incorporated, ... 44
authorized to take risks upon schooners and

sloops of all kinds, . . . 311
authorized to increase capital and take gen-
eral marine risks, . , . 555
Fishing, in Provincetown, incorporated, . . 237
authorized to increase their capital and take

general marine risks, . . . 298

Fulton, incorporated, .... 746

Globe Fire and 3Iarine, capital stock reduced, . 412

Haverhill Mutual Fire, incorporated, . . 34
Hingham, Cohasset, and Scituate Fire and Marine,

incorporated, . . . . . 4] 4
Hingham Mutual Fire, authorized to insure property

in any part of the Commonwealth, . . 93
Hope, allowed further time to comply with the provi-
sions of their act of incorporation, . . 51
Hope, in Salem, incorporated, .... 743
India Fire and Marine, incorporated, . . 456
time for paying in capital extended, . . 512, 652
Lafayette Fire and Marine, in Boston, incorporated, 730
in Marblehead, incorporated, 507
Lowell Mutual Fire, incorporated, . . 230
Lynn Mechanics Fire and Marine, incorporated, ' . 282
Manufacturers', act of incorporation continued in

force for twenty j^ears, . . . 738

INDEX. 847

Insurance Company, Manufacturers Mutual Fire, iucorporated, . . 423

authorized to insure public buildings
and property in thenj, within the

United States, . . . 554

authorized to insure all kinds of goods, 580

Marlborough Mutual Fire, incorporated, . . 605
Massachusetts Fire and Marine, authorized to reduce

its capital stock, ... 17

charter extended twenty years, . 496

number of shares reduced, . . 586

Mechanics Mutual Fire, in Boston, incorporated, 698

Mechanics, m New Bedford, incorporated, . 93

Mercantile, in Salem, authorized to reduce its capital

stock, ...... 430

Merchants, in Bostoji, acts incorporatiug continued in

force, .... 349

authorized to hold increased amount of

real estate, .... 583

directors in this, may be directors in oth-
er Lisurance Companies, and may sub-
scribe for stock, . . . 583
Merchants, in Newbui-yport, incorporated, . 56
Merchants and Mechanics Mutual Fire, incorporated, 740
Middlesex Mutual Fire, collection of assessments and

competency of officers, .... 320

Nashua River Mutual Fire, incorporated, . . 621

National, named changed to, from ^tna, . . 181

authorized to take marine risks, . 279
Neptune, name of Charlestown Fire and Marine

changed to, . . . . . 110

New Bedford Marine, incorporated, . . . 309

Newburyport, incorporated, . . . 607

time for paying in capital extended, . 737
Newburyport Marine, Trustees and Agents appointed

for the settlement of its affairs, . , . . 160, 169

New England Mutual Life, incorporated, . . 547

North American, incorporated, . . . 553

time for paying in capital extended, 573

Old Colony, incorporated, .... 505

Pacific, in Boston, incorporated, . . . 323, 577

Packet, incorporated, .... 332, 582

time for paying in capital extended, . . 729
Plymouth County Mutual Fire, authorized to insure
property situated in any part of the Common-
wealth, and policy to create a lien on property in-
sured, ... ... 167

Plymouth Marine, incorporated, . . . 343

Protection, incorporated, .... 161

capital stock, reduced, . . • 280

848 INDEX.

Insurance Compant, Second Essex Mutual Fire, incorporated, . . 468

Social, act establishing revived, ... 13

South Boston Fire and Marine, incorporated, . 491

time for paying in cap-
ital extended, . C59
State Mutual Fire, incorporated, . . . 729
Suffolk, act of incorporation continued for twenty

years, . . , . . 652
Suffolk Mutual Fire, incorporated, . . . 594
authorized to insure stock, tools
and furniture within the Com-
monwealth, . . 789
Taunton Fire and Marine, incorporated, . . 299
Tremont, incorporated, .... 76, 318

Union Fire and Marine, in Lynn, incorporated, • . 291

Union Marine, authorized to reduce their capital stock, 1

Union Marine, in Boston, incorporated, . . 268

time for paying in capital extended, 401

Warren, incorporated, ..... 517

increase of capital authorized, , . 575
Washington Fire and Marine, name changed to Wash-
ington, ...... 710

Westfield Mutual Fire, incorporated, . . . 366

Weymouth and Braintree Mutual Fire, incorporated, 307

Ipswich, Feofees of Grammar School in, authorized to sell lands, . . 545

Jail Limits for the County of Worcester, in relation to contracts
made before the 2d of April, 1834, may be established by the County
Commissioners, ........ 700

KiLLET, Zeno, authorized to maintain and extend a Wharf in Bass river in

Yarmouth, ........ 408

Lancaster and Sterling, dividing line between, altered, . . . 741

Landing Place in Hingham, discontinued, .... 286
Landing Place in Milton, to be regulated by Commissioners to be chosen

by Milton and Dorchester, ...... 554

Lessees of the City Wharf, in Boston, incorporated, . . . 178
Little River, Silas Pearson confirmed in the location of a dam across, in

Newbury, ........ 60

INDEX

849

LovELL, L. P. & H. Chace, authorized to construct a wharf in Taunton
Great River, .......

Lowell, City of, established, .......

Lowell, certain Courts of the County of 3Iiddlesex to be holden at, and
on what conditions, ....

former act revived, and duties of the County Coirunissioners,
Lowell Dispensary, incorporated, ....

Lowell Gas Company, incorporated, ....

Lowell Gas Light Company, incorporated,

Lowell, PoUce Court estabhshed in, ... .

time when original act shall take effect,
storage and sale of gunpowder in, regulated,
Luce, E. & T. Pitcher, authorized to build a wharf in Rochester,
Ludlow and Springfield, boundary line between, established,
Lyceum Hall, in Charlestown, incoi-porated,
Lycoming Coal Company, incorporated, ....

Lying-in Hospital, Boston, incorporated,

evidence in relation to the records of, how perpetuated,
Lynn, authorized to enclose then public common.

546

632

723
754
696
755
399
314
341
359
335
12
46
293
170
312
690

Malden Agricultural and Mechanic Association, incorporated, . 389

Mansfield Coal Company, incorporated, .... 649

Mansfield Mining Company, incorporated, ..... 600

Manufacturing Corporation, American Copper, incorporated, . 527

American Stationers, incorporated, . . . 620

Ames, incorporated, ..... 418

Amherst, incorporated, ..... 647

Amherst Silk, incorporated, . . . 746

Ai-gus, incorporated, ..... 648

Arkwright, incorporated, .... 649

Ashuelot, incorporated, .... 606

Atlantic Silk, incorporated, .... 623

Ballard Vale, incorporated, .... 576

Beaman, incorporated, .... 90

Beaver Brook Manufactory, incorporated, . 657

Bellingham Cotton, incorporated, . . . 202

Bellmgham Steam Engine, incorporated, . . 671

Belvidere Woollen, incorporated, . . . 471

Bemis, incorporated, ..... 766

Berkshire Cotton, in Great Barrington, incorporated, . 517

in Pittslield, incorporated, . 474

Berkshire Iron, incorporated, , . . 607

Berkshire Silk, incorporated, .... 760

Berkshire Woollen, incorporated, . . . 601

Blumvale Iron, incorporated, .... 433

VOL. VII.

107

850

INDEX

Manufacturing Corporation, Boott Cotton Mills, incorporated, . 518

increase of capital authorized, . 730

Boston and Barre, incorporated, . . . 160

Boston Bewick, incorporated, .... 466

Boston Book and Paper, incorporated, . . 400

restriction as to size of books

published, repealed, . 670

Boston Calico Works, incorporated, . . 804

Boston Chemical Laboratory, incorporated, . . 505

Boston Chemical Printing, incorporated, . . 408

Boston Cotton and Woollen, incorporated, . . 733
Boston Gas Light Company authorized to inci'ease their

capital stock, . 578
further increase of capital and extension of

pipes into adjoining towns, authorized, 749
Boston and Gloucester Granite, mcoi-porated, . . 428
Boston Granite, incorporated, . . . 735
Boston Hemp, incorporated, .... 66
Boston India Rubber Factory, incorporated, . 494
Boston and Lynn Lidia Rubber, incorporated, . . 494
Boston and Millbury Steam Power and, incorporated, 666
name changed to Water Power and, 696
Boston Paper, incorporated, .... 43
Boston Pearl, incorporated, .... 648
Boston Porcelain, incor[)orated, . . . 145
Boston Rice Mill Company, incorporated, . . 495
Boston and Roxbury Patent Leather and Cloth, incorporated, 609
Boston Silk, incorporated, .... 604
Boston Steam Factory, incorporated, . . 312
authorized to hold increased amount of per-
sonal estate, .... 646
Boston Sugar Refinery, incorporated, . . 458
Boston Union, incorporated, .... 513
Boston and Walpole Woollen, incorporated, . 366
Boston Wrought Nail, incorporated, . . . 123
Boy den Malleable Cast Iron and Steel, incorporated, 502
Bridgewater, name changed to Ritchie, . . 745
Bristol Print Works, incorporated, . . . 306
increase of capital authorized, . 735
Brown Woollen Mills, incorporated, . . 610
Cabot, incorporated, ..... 200
Canton Hardware, incorporated, . . . 582
Central, incorporated, ..... 731
Central Mills, act to incorporate revived, . . 249
Centralville Cotton and Woollen, incorporated, . 285
Charlestown Steam Cotton Factory, incorporated, . 684
Chelmsford, incorporated, .... 684
Chelsea, name of Suffolk India Rubber, changed to, . 685

INDEX

851

Manufacturing Corporation, Chemical Dyeing and Printing, incoi'porated, 689

increase of capital authorized, 792

Chicopee Falls, incorporated, .... 656

City Mills, incorporated, .... 543

Concord, incorporated, ..... 163

Concord River, incorporated, . . . 622

Conway, incorporated, ..... 727

Conway Mills, incorporated, . . . 776

Crocker, incorporated, ..... 742

Cuba Mining Company, incorporated, . . 576

' Curtis ville Cotton, incorporated, . . . 306

increase of capital authorized, . . 744

Dadmun, incorporated, .... 581

Damask (Jloth, incorpoi-ated, .... 734

Dana, incorporated, ..... 256

authorized to manufacture paper, . . 302

Davis, incorporated, ..... 433

Davisville, incorporated, .... 412

Douglas Axe, incorporated, . . . 431

increase of capital authorized, . . 696

Dresser, incorporated, .... 418

Dwight, incorporated, ..... 614

Dyer Pocket Book, incorporated, . . , 294

Eagleville, incorporated, .... 550

Eagle India Rubber, incorporated, . . . 659

East Boston Timber, incorporated, . . . 474

East Mansfield, incorporated, . . . 576

Essex Printing, incorporated, .... 615

Etna Furnace, incorporated, . . . 750
Fall River Iron Works Company authorized to build a

wharf in Fall River, .... 463

Fourdrinier Paper, incorporated, ... 23

Framingham Lidia Rubber, incorporated, . . 584

Franklin, incorporated, .... 770

Franklin Hemp and Flax, incorporated, . . 500
name changed to Franklin Bagging, and

increase of capital authorized, . 748

Franklin Laboratory, incorporated, . . . 274

authorized to hold increased amount of estate, 333

Fredonian, incorporated, . • . . 178

Fulton, incorporated, .... 225

Fulton Iron Foundi-y, incorporated, . . . 713

Glendale Mills, incorporated, . . . 745

Goulding Patent Bale Rope, incorporated, . . 775

Great Barrington L-on, incorporated, . . 463

Greenfield, incorporated, .... 169

Green River Hemp and Flour, incorporated, . 159

Green River, incorporated, .... 759

Hadley Falls, authorized to hold additional estate, . 166
Hamilton, increase of capital authorized, . . 192, 730

852

INDEX

Manufacturing Corporation, Hamilton Woollen, incorporated, , 16

Hampden Silk, incoi-])orated, .... 738

Hampshire and Hampden Mining Company, incorporated, 655

Hanson, incorporated, .... 72

Hingliam Malleable Iron, incorporated, . . 597

Hinsdale, incorporated, . » . . 606

Holden Mill, incorporated, .... 603

Hoosac River, incorporated, .... 432

Hopewell, incorporated, ..... 328

Housatonic, incorporated, .... 292

Hubbardston Copperas, incorporated, . . . 442

Ipswich, authorized to construct a canal at Farley's Falls, 177

Ixion Black Lead Factory, mcorporated, . . 361

Keith Iron, incorporated, .... 653

Lanesborough Marble, incorporated, . . 581

Lawrence, incorporated, .... 93

increase of capital authorized, . . 577

Lechmere Glass, incorporated, .... 474

Lee, incorporated, ..... 742

Leverett Place Brewing, incorporated, . . . 165

Livingston, incorporated, .... 737

Lowell, increase of capital authorized, . . . 225

Lowell Bleachery, incorporated, . . . 279

Lowell Gas, incorporated, .... 755

Lowell Gas Light, incorporated, . . . 399

Lowell Paper Mills, incorporated, . . . 284

Mansfield Coal Company, incorporated, . . 649

Mansfield Mining Company, incorporated, . . 600

Marland, incorporated, .... 417

Massachusetts Hemp, incorporated, . . . 648

location altered, . . 811

Massachusetts Mining, incorporated, . . . 647

Massachusetts Silk, incorporated, . . . 583

Merrimack, increase of capital authorized, . 729

Middlesex, incorporated, .... 12

Middlesex Paper, incorporated, . . ■ . 281

Midneag, incorporated, .... 653

Millbmy Locomotive Engine, incorporated, . . 752

Mill Dam Foundry, incorporated, . . . 127

Mills Steam, incorporated, .... 654

Minot, incorporated, ..... 768

Monson Branch, incorporated, . . . 734

Munroe, incorporated, .... 608

Natick Paper, incorporated, .... 316

Needham Hat Factory, incorporated, . . 681

Neponset, incorporated, ..... 56

Neponset Paper Mills, incorporated, . • 653

New Bedford Brass and L-on Foundiy, incorporated, • . 447

Newburyport Silk, incorporated, . . . 608

Newburyport Steam Cotton, incorporated, . . 580

INDEX.

853

Manufacturing Corporation, New England Cordage, incorporated, . 787

New England Glass, increase of capital authorized, 520

New England India Rubber, incorporated, . . 502

New England Iron Works, incorporated, . . 144

New England Knitting Machine, incorporated, . 652

New England Silk, incorporated, . . . 583

New England Worsted, incorporated, . . 602

Nichawagg, incorporated, .... 439

Norfolk Granite, incorporated, .... 611

Norfolk Laboratory, incorporated, . . , 412

Northampton, incorporated, .... 514

Northampton Paper Mills, incorporated, . , 643

Northampton Silk, incorporated, . . . 601

Northampton Sugar Beet, incorporated, . . 747

Northampton Woollen, incorporated, ... 17

North Andover Mills, incorporated, . . 738

Northborough Cotton, incorporated, ... 49

Norton, incorporated, .... 775

Odiorne, incorporated, ..... 732

Palmer, incorporated, .... 90

Patent Cork Manufactory, incorporated, . . 656

Palucket, incorporated, .... 180

Perkins Mills, incorporated, .... 579

Pittsfield Cotton Mills, incoqjorated, . . 281

Pocasset L-on, incorporated, .... 436
authorized to hold additional amoimt of

real estate, .... 473

Quincy Granite, incoifiorated, .... 745

Quinsigamond Paper Mills, mcoi-porated, . . 658

Richmond, incorporated, .... 740

Ritchie, name of Bridgewater changed to, . . 745

Rock Bottom, incorporated, .... 688

Rockville Manufacturing and Printing, incoi-porated, 440

Roxbui-y Hair Cloth, incorporated, . . . 689

Roxbury Lidia Rubber Factory, incorporated, . 292
authorized to hold increased amount of estate, 409,498

Roxbury Silk Factory, incorporated, . . . 682

Salem India Rubber, incorporated, . . . 604

Salem Lead, authorized to hold additional estate, . 17
Saxon Cotton and Woollen Factoiy, name changed to

Saxon Factoi-y, ..... 178

Shawmut Mills, incorporated, .... 797

Singletary, incorporated, .... 735

South Boston India Rubber, incorporated, . . 512

South Boston Steam Mill, incorporated, . . 772

Spring, incorporated, ..... 168

Springfield Satinet, iucoi-jjorated, . . . 728

Squanicook, incorporated, .... 224

Stoneham Mai'ble and Lime, incorporated, . . 800

854

INDEX

Manufacturing Corporation, Sturbridge Cotton IMills, incorporated,

Suffolk, incorporated, ....

increase of capital authorized, .
Suffolk India Rubber, incorporated,

name changed to Chelsea, and powers enlarged,
Suffolk Iron Manufactory, incorporated,
Sunderland Steam Mill, incorporated,
Sutton, incorporated, . . . . .

Sutton Woollen Mills, incorporated,
Taunton, increase of capital authorized, and additional
powers granted, .....

Taunton Brittania, incorporated,

increase of capital authorized,
Taiuiton Copper, incorporated,

increase of capital authorized,
Taunton Iron, incorporated,
Taunton L-on Foundry, incorporated,
Thorndike, incorporated,
Tremont Mills, proprietors incorporated,

increase of capital authorized,
Tyngsborough Glass, incorporated, .
Valley Mills, incorporated.
Van Deusenville, incorporated,
Verd Antique Marble, incorporated,
Wadsworth Woollen, incorporated,
Walcott, incorpoi-ated, ...
Warren, in Townsend, incorporated,
Warren L'on and Steel, in Boston, incorporated,

authorized to exercise its corporate franchise
in the counties of Suffolk and Norfolk,
Washington, incorporated, ....

increase of capital and dlteration of loca-
tion authorized,
Washington Granite, incorporated.
Water Power India Rubber, incorporated,
Watuppa, incorporated, .
Wessacumcon Steam Mills, incorporated.
West, incorporated.
West Brook, incorporated,
Westfield Paper Mills, incorporated,
Westfield White Lead, incorporated,
Westport Allen, incorporated,
West Stockbridge and Hudson Marble and Lime, incor

porated, ....

Weymouth Iron, incorporated,
Whittenton Mills, incorporated, .
Wilberfbrce Manufacturing and Manual Labor School

Company, incorporated,
Winchendon, incorporated.

598
16
754
517
685
127
600
661
736

144

297
465

263,664

739

741

581

81
754
165
766
584
772
751
173
654
525

C06
750

810
740
585
37
766
742
682
620
768
501

735

736
579

446
608

INDEX.

855

Manufacturing Corporation, Worthen, incorporated, . . 649

Wrentham Carpet, incorporated, . . . 755

Marblehead, site for a light house on the Neck in, ceded to the U. S., . 542

JMarshfield, Corporation for draining Green's Harbor Marsh in, continued, 66

Marshpee, District of, established, ...... 478

authorized to choose Field Drivers and erect Pounds, . 663

Overseers to keep highways in repair, .... 406

Martha's Vineyard, site for a light house on the West Chop in, ceded to

the U. S., 71

Massachusetts Claim for Militia Services, money received on account

of, to be invested in stocks or loaned to Banks, ... 79
Massachusetts Horticultural Society, authorized to appropriate lands

for a rural cemetery, . 149
penalties for trespasses, mem-
bership, and donations upon trust, 451

Massachusetts Mining Company, incorporated, .... 647

Massachusetts Medical Society, repeal of certain provisions in former

act, and Treasurer authorized to sue for assessments and penalties, . 86

Maverick Water Power Company, incorporated, . . . 650

Mayhew, T. W., authorized to erect a wharf in Acoaxet river in Westport, 68
Mayhew, Thomas 2d, authorized to construct a wharf in the harbor of Ed-

garto^\ii, ....... 173

Mechanic Hall Association, in Boston, incorporated, . . 100
Medway, Bellingham, and Franklin, dividing lines between, straightened, 186
Merrimack Coal Mining Company, incorporated, . . . 789
Middlesex County, certain Courts established at Lowell, . . . 723
former act revived and duties of County Commission-
ers, ....... 754

exempted from maintaining a bridge in Newton, . 248
Middlesex High School, proprietors incorporated, . . . 545
Middlesex Mechanics Association, authorized to hold additional real es-
tate, .... 491

authorized to establish a reading room

and lectures, . . . 746

Middlesex Mill Dam Company, in Charlestown, incorporated, . 712

Milford, Holliston, and Hopkinton, dividing lines between, altered, . 5J8
Milton and Dorchester, authorized to choose commissioners to regulate

the public landing place in MiUon, . . . . • 554

Mining Company, Berkshire, incorporated, .... 744

Boston and New York Coal Mining, incorporated, . 784

Cuba, incorporated, ..... 576

Hampshire and Hampden, incorporated, . . . 655

Mansfield, incorporated, .... 600

Massachusetts, mcorporated, .... 647

Merrimack Coal, incorporated, .... 789

Tremont, incorporated, ..... 799

Ministerial Fund, Amherst, Congregational Union Society, name changed

to North Parish, in, ..... . 69

856 INDEX.

Ministerial Fund, Andover, Trustees of the South Parish, in, to pay over

the whole interest of fund, .... 322

Berkley, Vacancies in the board of Trustees, how filled,

and appropriation of funds, .... 176

Beverly, First Parish, Trustees incorporated, . 303

Boston, Hawes, Trustees incorporated, ... 37

Bradford, First Parish, proceeds of the sale of ministe-
rial lands to be added to their fund, . . 612
Gharlestowu, First Parish authorized to appropriate the
income of the proceeds of the sale of real estate to

the support of the ministry, . . . 498

Dorchester, First Parish, Deacons authorized to sell

lands and invest proceeds, 575

Trustees incorporated, . 102

Duxbury, First Congregational Parish, authorized to sell
lands and appropriate the uicome of the proceeds to

the support of the ministiy, . . . 609

Eastham, First Parish, income of proceeds of sale of
ministerial lauds to be applied to the support of the

ministry, ...... 441

Fuller, in First Parish in Plymouth, Trustees incorpora-
ted, 522

Groton, First Parish, niunber of Trustees and mode of

their election, .... 245

Hopkinton, First Parish, interest of proceeds of sale of
ministerial lands to be appropriated to the support

of the ministry, ..... 343

Lexington, First Baptist Church, trustees incorporated, 477

Milton, First Congregational Parish, interest of pi'oceeds
of sale of ministerial lands to be appropriated to the

support of the ministry, . . . 183

Newbury, Second Religious, to apply interest of the pro-
ceeds of the sale of real estate to the support of the

ministry, ..... 585

Newburyport, First Methodist Episcopal Church, trus-
tees incorporated, ..... 485
Norton Congregational Parish, interest of fund may be

appropriated to support of minister, . . 579

Plymouth, First Parish, Fuller, Trustees incorporated, 522

Randolph, First Baptist Church and Society, in, name
changed to First Baptist Church and So-
ciety, in Stoughton, . . . 116
First Congregational Parish, Trustees incor-
porated, .... 174
Stoughton, First Baptist Church and Society, in, name
changed to, from First Baptist Church and Society,

in Randolph, ..... 116

793

INDEX. 857

Ministerial Fund, Truro, First Parish, income of the proceeds of the sale
of ministerial lands to be applied to the support of

the ministry, ..... 810

MoNATiQuoT River, in Hraintree, A. Hobart authorized to erect a dam

across, ........

Morse, John O., authorized to construct a Wharf and Marine Railway in Ed-

gartown harbor, ....... 513

Mountain Seminary, at Worthington, incorporated, . . . 727

Mount Auburn, Proprietors of the (Cemetery of, incorporated, . . 536

Mount Carmel Lodge, act incorporating trustees, repealed, . . 518

Mount Holyoke Female Seminary, incorporated, . . . 573

Mount Pleasant Classical Institution, in Amherst, incorporated, . 30

Mount Washington Association, incorporated, . . • 403

Murdoch, Bartlett, authorized to extend his wharf on the Wankinco River

in Wareham, ........ 737

Names Changed in the Political Year 1830, .... 51

1831, . . . .147

IN THE Year 1832, .... 252

1833, . . . 393,401

1834, .... 452, 475

1835, . . . .568
18:36, .... 702
1837, . . . .804

Nantucket Atheneum incorporated, ..... 426

Nantucket, County exempted from erecting House of Correction, and from

stated meetings of County (Commissioners, • . . 515

Selectmen to have the powers of County Commissioners, . 444

Nantucket Oyster Company, incorporated, ..... 673

Nantucket Steam Boat Company, incorporated, . . • • 283

Naumkeag Wharf and Whale Fishery Company, incorporated, . • 381

New Bedford AND Dartmouth, dividing line between altered, . . 34

New Bedford and Fairhaven Ferry, proprietors incorporated, • . 243

New Bedford, Police Court established in, ... . 419

Wardens of the Port authorized to place Piles and Dolphins

in the harbor, ...... 164

New Bedford Marine Railway and Wharf Company, incorporated, . 184

New Bedford Mechanics Association, incorporated, . . . 290

New Bedford Rural Cemetery, proprietors incorporated, . . . 769

Newbury and Newburyport, Police Court for, established, . . 26S
Newbury, School District number two, authorized to sell lands called the

Atkinson Donation, ....... 605

Newburyport, acts to secure the town from fire, repealed, . . . 167

Police Court established in, ... . 390

Newburyport Atheneum, right of voting regulated, . . . 509

Newburyport and Newbury Mechanic Association, incorporated, . 759
VOL. VII. lOS

858 INDEX.

New Haven and Northampton Company, incorporated, . . . 675

notice, how given, , . 691

Newton, obliged to maintain a bridge, previously supported by the County of

Middlesex, ........ 249

Nix's Mate, ceded to the United States for site of a Beacon, . . . 183

time for complying with conditions of former act, extended, 426

North American Steam Coach Compant, incorporated, . . . 331

Northampton Female Seminary, incorporated, . . • . 513

Northampton Sugar Beet Company, incorporated, .... 747

NoRTHBRiDGE, part of annexed to Sutton, ...... Ill

Northbridge and Sutton, dividing line between, established, . . 739

North Falmouth Fishing Company, incorporated, . . . 765

Norton Female Seminary, proprietors incorporated, . . . 743

Norton, G., and B. Worth, authorized to construct a wharf in the harbor of

Edgartown, ....... 5 300

Oregon Territory, Society for the settlement of, incorporated, . . 145

Orleans Fishing Company, incorporated, .... 681

Paddock, J., and others, authorized to build a bridge over Sesuit creek, in

Dennis, ......... 461

Parish, Precinct, or Religious Society, Amherst, Congregational Union

Society, name changed to North Parish in, . . 69
Andover, First Baptist, incorporated, . • . . 415
First Methodist Episcopal, trustees incorporated, . 240
Protestant Episcopal Church, proprietors incorporated, 765
Beverly, Third Congregational, name changed to Dane Street So-
ciety, ....... 801

Boston, Baptist Church, South, incorporated, . . . 401

Baptist, Federal Street, incorporated, . . . 415

Bowdoin Street Congregational, incorporated, . . 80

Essex Street Congregational, incorporated, . 807

Grace Church, incorporated, .... 495

Marlboro' Chapel, proprietors incorporated, . . 656
Park Street Congregational, incorporated, . . 521
Phillips Church Society, incorporated, . . 460
Pine Street Congregational Society, incorporated, . 121
Proprietors of the Fourth Universalist Meeting-house, in-
corporated, ...... 799

Salem Street Congregational, incorporated, . . 300

Trinity Church, incorporated, .... 58

Boylston, First Unitarian Congregational, incorporated, . _ 416

INDEX

859

Parish, Precinct, or Religious Society, Bradford, First Parish, authorized
to sell ministerial lands, and add the proceeds to their min-
isterial fund, ......

Braintree and Weymouth, First Unitarian, incorporated, .
Brewster, act authorizing town of, to sell ministerial lands, re-
pealed, and proceeds of sales to be paid to North Parish in
Harwich, .......

Brookline, Fu'st Parish, authorized to tax pews in their meeting-
house, ........

Bj^eld, Proprietors of Meeting-house, incorporated,
Cambridge, Second Baptist Society, incorporated,
Cambridgeport Parish may tax pews for repairs of meeting-
house, ........

Canton, First Congregational Church, authorized to sell land,
Charlestowu, Harvard Church, name of New Church changed to,
First Parish, authorized to sell real estate, .
New Church Society, name changed to Harvard
Church, .....

Winthrop Society, iiicoi'porated,
Cohasset, Second Congregational Society, incorporated, .
Danvers, First Unitarian Church, assessments on pews regulated,
Dorchester, First Parish, deacons authorized to sell lands and in-
vest proceeds, ....

First Parish, trustees incorporated,
Methodist Episcopal, incorporated,
Dnxbury, First Congregational, authorized to sell lands and ap-
ply the income of the proceeds to the support of
the ministry, ....

First Universalist, assessments on pews, how to be
made, .....

Eastham, Fh-st Parish, authorized to sell ministerial land,
Egremont Congregational Society, incorporated, .
Fairhaven, Pi-oprietors of Washington Street Christian Meeting-
house, incorporated, .....

Fall River, Unitarian, incorporated, ....

Fitchburg, Village Baptist, incoi'porated, .

Grafton, Proprietors of Evangelical Congregational Meeting-
house, incorporated, .....

Granby, Second Parish, incorporated, ....

Greenfield, Proprietors of Unitarian Meeting-house, incorporated,

Hanson, First Universalist, incorporated, .

Harwich, Baptist Society, authorized to sell parochial lands.

North Parish, authorized to receive monies arising from
sale of ministerial lands by Bi-ewster, and appro-
priate the same, .....

Holliston, Methodist Episcopal, incorporated, .
Hopkinton, First Parish, authorized to sell ministerial lands,
Leicester, Proprietors of Second Congregational Meeting-house,
incorporated, .......

Lexington, First Baptist Church, trustees incorporated,

612
336

429

473

460
400

445
750
498

750
310
520
266

575

102

446

609

425
441
414

330
246
416

767
457

764

478

728

429
444
343

446
477

860 INDEX.

Parish, Precinct or REWGidUs Society, Longmeadow, Second Parish, in-
corporated, . . . . . . .116

Lowell, First Freewill Baptist Meeting-house, proprietors incoi*-

porated, ...... 612

Second Baptist Society, incorporated, . . 399

South Congregational Meeting-house, proprietors incor-
porated, ...... 78

South Congregational Society, authorized to tax pews, 361

Third Congregational Meeting-house, proprietors incor-
porated, ...... 263

First Universalist Meeting-house, proprietors incorpo-
rated, 390, 790

Lynn, First Baptist Society, incorporated, . . . 365

South Street Methodist Episcopal, authorized to assess

pews, . . . . . . . 69

Marlborough, Union Society, incorporated, . . . 506

Middleborough and Taunton Precinct, authorized to sell paro-
chial lands, ....... 771

Millbury, First Presbyterian, name changed to Second Congre-
gational, ....... 516

Milton, First Congregational Parish, authorized to sell ministerial

lands and invest the proceeds, .... 183

Nantucket African Methodist Episcopal Church, incorporated, 495

First Congregational Meeting-house, assessments on

pews regulated, ..... 36

New Bedford, Grace Church, Wardens, Vestry, and Proprietors,

incorporated, ..... 447

North Christian, incorporated, . . . 341

Second Methodist Episcopal Church, incoi-porated, 500

Trinitarian Church, incorporated, . . 168

Newbury, Second Religious, authorized to sell real estate, and

appropriate the income of the proceeds to the support of the

ministry, ....... 585

Newburyport, First Methodist Episcopal Chui-ch, Trustees incor-
porated, ....... 485

Newton Upper Falls, Proprietors of Baptist Meeting-house, incor-
porated, ....... 665

Newton and Watertown, Universalist Society, authority to tax

pews, repealed, ...... 457

Northampton, Edwards Church Society, incorporated, . 387

Northbridge, Congregational, authorized to tax pews, . . 70

North Bridgewater, First Society of the New Jerusalem Church,

incorporated, ....... 221

Orleans, First Baptist, incoi-porated, .... 441

First Universalist, incorporated, .... 441

Petersham, Orthodox Congregational, incorporated, . . 445

Pittsfield, Methodist Episcopal, incorporated, . . . 106

St. Stephen's Church, incorporated, . . • 194

Quiucy, First Universalist, incorporated, .... 336

INDEX.

861

Parish, Precinct or Religious Society, Randolph, Second Baptist, name

of First Methodist Episcopal, changed to, .

Randolph, First Methodist Episcopal, incorporated, .

name changed to Second
liaptist,
Rochester, Middleboroiigh, and Freetown, Congregational Pre-
cinct in, authorized to take and hold property,
Roxbmy, Eliot Society, incorporated, ....

St. James's Church, Proprietors incorporated,
First Uuiversalist Society, pews in their RIeeting-house
to be personal estate, ....

Salem, Baptist, named changed to First Baptist, .

Crombie Street Church, Proprietors incorporated.
Tabernacle Church, notice for meetings, regulated,
Scituate, Proprietors of the Westerly Meeting-house, incorporated,
Springfield, Third Baptist Society, incorporated, .
Stoughton, First Baptist, authorized to sell parsonage lands, .
Sutton, First Congregational, authorized to tax pews.

South Parish, authorized to sell lands and apply income
of proceeds to the support of schools,
Taunton, Second Baptist Society, incorporated,

Episcopal Church of St. Thojnas, authorized to convey

estate, and doings of confirmed
First Universalist Society, incorporated,
Tisbury, First Methodist Episcopal Society, incorporated
Troy, First Baptist, incorporated, .

First Christian Union Society, incorporated.
Unitarian, at Fall River, incorporated,
Truro, First Parish, authorized to sell ministerial lauds,
Tyngsborougli, First Baptist, incorporated,
Uxbridge, First Evangelical Congregational, incorporated,
Watertown, First Baptist, incorporated.

First Parish, authorized to tax their pews.
West Boylston, Fu'st Liberal Congregational Society, incorpora-
ted, ........

West Bradford, Proprietors of Meeting-house, incorporated.
West Newbury, Second Parish, authorized to sell their parson-
age lands, .......

West Newbury and Newbury, First Methodist Episcopal in, in-
corporated, .......

Westport, First Christian Baptist, incorporated,
Woburn, Pi-oprietors of New Baptist Meeting-house, incorporated,
Worcester, Proprietors of the Elm Street Baptist Meeting-house
incorporated, . . . . .

Proprietors of the Protestant Episcopal Church, incor-
porated, ... ...

Proprietors of the Union Meeting-house, incorporated,
Wrentham, First Parish, authorized to appropriate proceeds of
ministerial lands to building a new Meeting-house,

662
303

662

768
658
296

664
519
308
416
426
490
365
108

760
327

251
313
324
124
119
246
810
441
442
445
621

414

495

767

175

293
46

660

657

509

427

862 INDEX.

Paxton, part of, annexed to Holden, ...... 87

Peabody, Joseph and others, authorized to excavate the Harbor and South

lUver in Salem, ........ 699

Pearson, Silas, confirmed in the location of his dam across Little River, 60

Pembroke and Hanover, dividing line between, estal)lished, . . 505
Pettis, William B. and E. Burgess, authorized to extend their wharf in

Somerset, ........ 685

Phillipston anp Royalpton, dividing line between, established, . 759

Pigeon Cove Harbor Company, in Gloucester, incorporated, . . 23

proceedings of, in creating
new shares confirmed,
and assessments regu-
lated, . . 683
Plymouth Aqueduct, transfer of shares, and conveyance of water regula-

ted, 297

Plymouth, authorized to elect assistant Assessors, . . . 448

Plympton, part of, annexed to Halifax, ..... 65

Prospect Hill Observatory Association, in New Bedford, incorporated, 183
Provincetown and Truro, destruction of Beach Grass in prevented, . 366,555

Quinebaug Reservoir Company, incorporated, .... 699

Rail-road Corporation, Andover and Haverhill, name of Andover and Wil-
mington changed to, . . 763
Treasurer authorized to issue scrip of

the Commonwealth in aid of, . 792
Andover and Wilmington, established, . . . 336
further time allowed for filing location of, . 484
location on different routes authorized, and fur-
ther provisions concerning, . 563, 762
name changed to Andover and Haverhill, . 763
Berkshire, incorporated, ..... 785
Berkshire and New York, established, . . . 211
Boston and Lowell, established, .... 2
capital stock increased and time extended, 55
provisions for bridges, draws, &c , and pur-
chase of road by the Commonwealth, 222
capital increased, and time for completing

road extended, . . . 408

authorized to increase its capital stock, 651

Boston and Ontario, established, .... 139

INDEX. 863

Rail-road Corporation, Boston and Providence, incorporated, . . 134

time lor completing road extended, and Common-
wealth authorized to purchase the same, 206
annual meeting, liability for assessments and esti-
mate of damages, .... 280
authorized to construct a Branch Rail-road to Ded-

ham Village, .... 483

location of Branch to Dedham Village confirmed, and

contract for depot, &c., at I'rovidence, authorized, 507
increase of capital stock authoi'ized, . . 544,707

Boston and Taunton, established, . . . 129

Commonwealth may purchase franchise
and time foi- completion of, extended, 242
Boston and Worcester, established, . . . 152

authorized to erect a bridge across
Charles River and to construct branches
and increase their capital, and right re-
served to the Commonwealth to pur-
chase road, . . . 274
further time for filing location granted, and

estimate of damages provided for, 329

Charlestown Branch, established, . . . 550, 666

former act repealed, . . 666

time for filing location and for the com-
pletion of the road extended, , 757
Eastern, established, ..... 691
authorized to alter route of road and conditions to

be observed in constructing the same through Salem, 776
Treasurer of the Commonwealth authorized to issue

scrip in aid of, .... . 794

Fall River, Mill Road, Rail-road, and FeiTy Company, incor-
porated, ..... 528
authorized to enter upon Boston and Providence

Rail-road, &c., .... 711

doings of the Company confirmed, . . 757

Franklin, additional provisions in lavor of, and extension ot

time granted to, .... 15

right of voting regulated, and extension of time

granted to, . . . . . 21]

Hoosac Rail, or McAdamized road Company, established, 187

Mount Hope, established, ..... 686

Nashua and Lowell, established, . . , 700

New Bedford and Fall River, incorporated, . . 714

Norwich and Worcester, name of the United Worcester and
Norwich, and Boston, Norwich and New

London Companies, changed to, . . 679

Treasurer of the Commonwealth authorized to

issue scrip in aid of, . . . 752

Pittsfield and West Stockbridge, incorporated, . , 232, 697

Seekonk Branch, established, .... 716

864 INDEX.

Rail-road Corporation, Seekonk Branch, time extended for filing location

and for completion of road, . . . 789
Taunton Branch, established, . . 557
increase of capital authorized, 725, 731
Western, established, . . , . . 344
Treasurer of the Commonwealth directed to sub-
scribe for stock, .... 644

directed to issue scrip to pay for stock subscribed for, 788
West Stockbridge, incorporated, .... 111,645

Worcester and Norwich, incorporated, . . . 350
time for filing location and for com-
pletion of road extended, . 671
Worcester and Norwich, and Boston, Norwich and New
London, companies united and name changed to Nor-
wich and Worcester, ..... 679

Railway, Granite, increase of capital authorized, . . . 655
limitation in charter repealed, and continuation of ofiicers

inoflice, ...... 126

Marine, may be built by John O. Morse in the Harbor of Edgartown, 513

may be built by John Holmes in Holmes Hole Harbor, 595

Merchants Marine, at East Boston, incorporated, . . . 469

authorized to hold Hydraulic Docks, . 526

New Bedford Marine, and Wharf Company, incorporated, . 184

Reading Agricultural and Mechanic Association, incorporated, . 29

Records, Thomas and others, authorized to erect a wharf in Acoaxet River,

hi Westport, ........ 519

Registry of Deeds for the Southern towns in the County of Bristol, estab-
lished, 791

Richmond and West Stockbridge, dividing line between, established, . 466
Rider, James and others may erect wharves m Apponegansett river, in

Dartmouth, ........ 297

Robeson, Andrew, authorized to build a wharf in the town of Fall River, 415

Rochester and Fairhaven, dividing line between, established, . . 672

Rock Harbor Fishi.ng Company, in Orleans, incorporated, . . 782

Rock Harbor River Company, in Orleans and Eastham, incorporated, . 613

RoxBURY AND THE CiTY OF BosTON, boundary lines between, established, 585

altered, . 798
RoYALSTON AND Phillipston, dividing line between, established, . 759
Rumford's, Count, donation to the American Academy of Arts and Sciences,
S. J. Court authorized to hear and determine in equity all matters in re-
lation to, ........ 62

Salem and Boston Stage Company, charter repealed, . . . 811

Salem, Charitable Association of the Fire Department, mcorporated, . 305

Salem, City of, established, . . . . . ... 587

Wards, choice of Common Council men, and Health Commissioners,

and time of the organization of the City Government provided for, 728

Salem Dispensary, incorpoi-ated, . . . . . 20

INDEX

865

Salem, excavation of Harboi- aiid South River by J. Peabody and others,
authorized, .......

Firewards autliorized to increase the number of engine men,
Pohce Court estabhshed in, .....

jiu'isdiction of, extended,
Selectmen authorized to appoint (Constables,
Salt Water Pond Company, in Harwich, incorporated,
Sandy Bay Pier Company, authorized to hold additional real and personal

estate, &c., ....

valuation of property and division of income,
Sedgwick Seminary for Young Ladies, incorporated,
Sharon and Foxborough, dividing line between, established,
Shaw, Robert G., authorized to extend his wharf,
Silk Company, Amherst, incorporated, .....

Atlantic, incorporated, ....

Berkshire, incorporated, .....

Boston, incorporated, .....

Hampden, incorporated, ....

Massachusetts, incorporated, ....

Newbuiyport, incorporated, ....

New England, incorporated, ....

Northampton, incorporated,

Roxbury, incorporated, .....

Skinnaquits Fishing Company, in Harwich and Chatham, incorporated,

annual meeting to be in March,
Smith, Charles, authorized to erect a wharf in Holmes Hole Harbor,
Smith, C. and J. Holmes, authorized to maintain a wharf in Edgartown
Harbor, ........

Society, African Humane, name changed to Paul Humane,

American, for the settlement of the Oregon Territory, incorporated
Baptist Missionary, name changed to Massachusetts Baptist Con-
vention, .......

Beverly Charitable, name changed to Fisher Charitable,
Beverly Female Charitable, incorporated,

Boston Asylum and Farm School for Indigent Boys, incorporated,
Boston Children's Friend, incorporated.

Children, how admitted and how bound out,
Boston Fatherless and Widows', incorporated,
Boston Musical Professional, incorporated, .

Boston, of Natural History, incorporated,
Boston Phrenological, incorporated, ....

Boston Seamen's Friend, five to constitute a Quorum of Managers,

Boston Society of Artists, incorporated.

Charitable Association of the Salem Fire Department, incorporated.

Charlestown Infant School Society, incorporated,

Dummer Academy, Society of the Sons of, incoi*porated, .

Essex County Natural History Society, incorporated,

Essex County Teachers' Association, incorporated,

Fairhaven Seamen's Friend, incorporated,

VOL. VII. 109

866 INDEX.

Society, Farm School and Boston' Asylum, united, . . . 498

Female Auxiliary Bible Society of Boston and vicinity, incorporated, 418
Female, of Boston and vicinity, for promoting Christianity among

the Jews, incorporated, ...... 478

Fisher Charitable, name of Beverly Charitable, changed to, . 603

Grand Lodge of Massachusetts, act of incorporation repealed, . 431

Lifant School Association for colored youth, incorporated, . 575

Maiden Agricultural and Mechanic Association, incorporated, . 389

Mai'blehead Charitable incorporated, .... 202

Marine, at Newburyport, incorporated, .... 821

at Salem, incorporated, ..... 815

authorized to hold increased amount of estate, . 15
Massachusetts Haptist Convention, name of the Baptist Missionary,

changed to, ...... 497

Massachusetts Charitable Fire, authorized to dispose of part of their

funds to other charitable purposes, .... 103

Massachusetts Horticultural authorized to appropriate any part of their

real estate for a rural cemetery, . 149
trespasses upon the grounds of, member-
ship and donations upon trust provided for, 451
Massachusetts Medical, repeal of provisions requirmg three years
practice for admission, and authorizing Li-
centiates to use libraries, . . 86
Treasurer authorized to sue for penalties and as-
sessments, .... 87

Mechanic Hall Association, in Boston, incorporated, . . 100
Middlesex Mechanics' Association, authorized to hold additional real

estate, . . . 491
authorized to establish a reading

room and lectures, . . 746

Mount Carmel Lodge, act of incorporation repealed, . . 518

Nantucket Atheneum, incorporated, .... 426

New Bedford Mechanics Association, incorporated, . . 290

New Bedford Port, for the moral impi-ovement of seamen, incorporated, 176

Newburyport Linnean, uicorporated, .... 603

Newburyport and Newbury Mechanic Association, incorporated, 759

Paul Humane, name of African Humane changed to, . . 496

Port, of Boston and vicinity, allowed to have additional income, 241

five to constitute a quorum, . . 460

Prospect Hill Observatoi-y Association in New Bedford, incorporated, 183

Reading Agricultural and Mechanic Association, incorporated, . 29

Samaritan Asyhun for Indigent Children, incorporated, , 525
South Boston Association, act of incorporation continued in force

and corporation authorized to sell their estate at auction, . 516

South Reading Mechanic and Agricultural Institution, incorporated, 331

Taunton Mechanics' Association, incorporated, . . . 744

Theological Education, society for promoting, incorporated, . ]28

Union Charitable, in Salem, incorporated, . . . .' 691

United States Naval Benevolent Association, incorporated, . 358
Warren Street Chapel Religious and Scientific Association, incorporated, 734

INDEX.

867

Society, West Sutton Literary Institute, incorporated,

Worcester (bounty Historical, incorporated,
SouTHBOROuGH AND Wes I BOROUGH, diviiiiug Uue between, established,
SoDTH BosroN Associatiox, act of incorporation continued in force, and

corporation authorized to sell their property at auction,
Soui'H Boston Meeting and Market House Association, incorporated,
South Boston Wharf and Dock Company, incorporated, .
South Brimfield, district of, incorporated, ....

South Cove Corporation, established, ....

South Hadley, Woodbridge School in, incorporated,

South Reading Mkchanic and Agricultural Institution, incorporated,
South wick and Wkstfikld, dividing line between, established,
Spkctacle Island, in Boston Harbor, penalties for building fires upon,
Springfield, Female Seminary in, incorporated,
Springfikld and Ludlow, boundary line between, established.
Stage Company, Boston and Lowell, incorporated,

Salem and Boston, charter repealed.
Sterling and Lancaster, dividing line between, altered,
Stoneham Marble and Lime Company, incorporated,
Straitsmouth Island, ceded to the U. S. for site of a light-house, .
Suffolk County, term of the Supreme Judicial Court for, revived.
Sugar Beet Company, Northampton, incorporated,
Sunderland Steam Mill Company, incorporated,
Sutton, South Parish to sell lands and apply iiicom e of proceeds to the

support of schools, ......

Sutton and Northbridg.'^, dividing line between, established,
Swett's Wharf, in Charlestown, proprietors incorporated.

767

497

516

123

384

814

286

331

752

482

115

811

741

800

572

747

600

760
739
719

Taunton Cemetery, proprietors of, incorporated, .... 595

Taunton Hotel, proprietors of, incorporated, .... 195

Taunton Market-house Company, incorporated, .... 428

Taunton Mechanics' Association, incorporated, . . • 744

Taunton, Police Court in, established, ..... 448

Theatrical Henevolent Fund, act establishing repealed, . . 83

Theological Education, society for the promotion of, incorporated, , 128

Thompson's Island, set off from Dorchester and annexed to Boston, . 456

Tisbury, authorized to close up Bass Creek, ..... 500

ToBEY, Joshua B., to have all the rights, and be subject to all the liabilities of

the town of Rochester in relation to the Fishery in Weweantit River, 685

Town River, in Quincy, spiles may be placed in, to improve the navigation, 242

Tremont House, projirietors of, incorporated, .... 104

Tremont Mining Company, incorporated, .... 799

Troy, name changed to Fall River, ...... 413

Truro and Provincetown, destruction of Beach Grass in, prevented, . 366,555

Truro and Wellfleet, dividing line between, established, . . 731

863 INDEX.

Turnpike, Chester, tolls on wagons, established, .... 775

Hampden and Bei'kshii e, authorized to alter the location of their

road, ....... 182

Hartford and Dedham, gate estabUshed at Breck's corner in Med-

field, 682

Hingham and Quincy Bridge and Turnpike Corporation, estab-
lished, ....... 251

Massachusetts, Second, corporation dissolved, . . . 333

Eighth, toll for one horse wagons, established, 433

committee appointed to alter the loca-
tion of, .... 764

Salem Tur?<pike and Chelsea Bridge Corporation, authorized to dis-
continue a part of their road in Charlestown, . . . 117
Titler, Charles Twining, name changed to Royall Tyler, . . . 401

United States, site for a light-house on Eastern Pomt in Gloucester, ce-
ded to, 125

site for a light-house on the Neck in Marblehead, ceded to, 542

Nix's Mate, ceded to, for a site of a beacon, . . 183
time extended for complying with conditions of

former act, .... 426

Straitsmouth Island, ceded to, for site of a light-house, . 572
site for a light-house, ceded to, on West Chop, Mai'tha's

Vineyard, ...... 71

United States Naval Benevolent Association, incorporated, . 358

Ward, town of, incorporated, . . . . . • . 823

name of the town of, changed to Auburn, . . . 731

Warren, name of Western changed to, ~ ..... 443

Washingion, expense of road iu, may be assessed on the County of Berkshii-e, 578

Watland, name of East Sudbury changed to, .... 509

Webstlr, town of, incorporated, ...... 228

Wkeks, D. and others, authorized to construct a wharf in Harwich, . 545

Welleleei-, Duck Harbor and Beach Company in, incorporated, . 43

Wellflekt and Truro, dividing line between, established, . . 731

Wenham Great Swamp, provisions for the preservation of wood and timber in, 586

Westborough and Southborough, dividing line between, established, . 497

West Cambridgf, North West District Fire Society in, incorporated, . 684

Western, part of, annexed to Palmer, ..... 27

town of, incorporated, ...... 813

name changed to Warren, ..... 443

Westfield and Southwick, dividing line between, established, . ' 752

West Stockbridge and Richmond, dividing line between, established, . 466

West Sutton Literary Institute, incorporated, . . . 767

INDEX. 869

Whaling Companv, Dorchester, incorporated, .... 709

Fall River, incorporated, .... G70

Wharf, in Acoaxet river, in Westport, may be erected by Thomas Records

and otliers, ....... 519

Albany Wharf and Warehouse Corpoiation, established, . 698
in Appouagauset river, in Dartmouth, may be extended by D. and

J3. Rowland, . . 210
may be erected by James

Rider and others, . 297

Aspinwall, Samuel, authorized to extend his wharf, . . 800

in Bass rivei-, in Yarmouth, may be maintained by Z. Killey, . 408
may be erected by Simeon Crowell and

another, .... 430

Boston Pier or Long Wharf, proprietors incoi-porated, . . 816

Boston Wharf Company, incorporated, .... 708

authorized to purchase additional flats, 747
Boui'ne, Silvanus, authorized to extend his wharf on the Wankinco

river, in Wareham, ...... 741

at Bowenville, in Fall River, may be constructed by Lovell and

another, ........ 546

Central Wharf Company, in Yarmouth, incorporated, . 303

Charles River Wharf Company, in Boston, incorporated, . 595

Charlestown Wharf Company, incorporated, . . . 628

authorized to extend their wharves, 801

Chase, J. and others, authorized to erect a wharf in Dennis, . 442

City, in Boston, Lessees of, incorporated, .... 178

Comey, Benjamin, authorized to extend his wharf in Boston, . 798

at Commercial Point, in Dorchester, extension of, authorized, . 475

Coinmercial Wharf Company, in the city of Boston, incorporated, 192

East Boston Wharf Company, incox-porated, . . . 388

in Edgartown harbor, may be maintained by C. Smith and J. Holmes, 384

may be constructed by John O. Morse, . 513
Ellis Benjamin, authorized to extend his wharf into Wankinco river,

in Wareham, . . . . . . . 616

in Fall River harbor, may be built by the Fall River L'on Works

Company, ........ 463

FranciSj Ebenezer, authorized to extend his whai'f, in Boston, . 515

Hancock's, extension of, authorized, ..... 239

Harris' Wharf, in Charlestown, extension of, authorized, . . 810

Harris, Isaac, authorized to extend his wharves, in Boston, . 795

Harwich, D. Weeks and others authorized to construct a wharf in, 545
Hedge, Barnabas, authorized to extend his wharf into Wankinco

river, in Wareham, ...... 616

in Holmes Hole Harbor, authorized to be erected by Charles Smith, 384

Holmes Hole Union Wharf Company, incorporated, . . 496

Holmes, John, authorized to extend his wharf in Tisbuiy, . 595

Hood, John, authorized to extend his wharf in Somerset, . . 614

Ingcrsoll, James, authorized to extend his wharf, in Boston, . 811

Lewis' extension of, authorized, ..... 240

870 INDEX.

Wharf, Lewis Wharf Company, in Boston, incorporated, . . 461

authorized to purchase additional land, . 519

Lincoln's, extension of, autliorized, .... 428

Long Wharf, or lioston Pier, proprietors incorporated, . . 816

Mattapoisett Wharf Company, incorporated, . . . 402

Mayhew's, in Edgartown, location confirmed, . . . 177
Mayhew, T. W., authorized to build a whai'f in Acoaxet river, in

Westport, ........ 68

Mayhew, Thomas, 2d., authorized to construct a wharf in the harbor

of Edgartown, ....... 173

Mechanics Wharf Company, in New Bedford, incorporated, . 546

authoi'ized to build

bridges, . 621
Murdock, Bartlett, authorized to extend his wharf on the Wankinco

river, in Wareham, ...... 737

Naumkeag Wharf and Whale I'ishery Company, incorporated, . 381

New Bedford Marine Railway and Wharf Company, incorporated, 184
Norton, G, and B. Worth, authorized to construct a wharf in the

harbor of Edgartown, . . . . . . 300

Rochester, Wharf at the Old Lauding, continued, and extension of,

authorized, . . 323
authorized to be built by E.

Luce and T. Pitcher, . 335

Botch's Wharf Company, incorporated, .... 60

Sargent's, extension of, authorized, .... 299

Proprietors of, incorporated, .... 665

Shaw, Robert G., authorized to extend his wharf, . . . 802
Somerset, extension of a wharf owned by E. Burgess, and W. B.

Pettis, authorized, ...... 685

South Hoston Wharf and Dock Company, incorporated, . 384

South Wharf Corporation, in Boston, established, . . . 486

Swell's, in Charlestown, Proprietors incorpoi'ated, . . 719

T, in the city of Boston, owners authorized to extend the same, 199

Tapley's, in Charlestown, extension of, authorized, . . . 389
in Taunton Great River, in the town of Fall River, may be erected

by Andrew Robeson, ....... 415

Thonjpson's, in Boston, extension authorized, . . . 797
Union, in Boston, doings of the proprietors confirmed, . . 657
Union Wharf Company, in Provincetovvn, incorporated, . 326
in Truro, incorporated, ... 54
Vinal. N. and others, authorized to extend their Wharf, . 462
Wilkinson and Pratt's, in Boston, extension of authorized, . . 601
Winnisimmet Company's wharves, extension of, authorized, . 800
WiLBKRFORCK MANUFACTURING AND Manual Labor School Company, in-
corporated, ........ 446

Winnisimmet Company, incorporated, ..... 397

authorized to extend their wharves and landing

place, . . . . . .800

INDEX. 871

Wood, Coal and Bark, survey and admeasurement of, in the city of Bos-
ton, provided for, ....... 18

WooDBRiDGE ScHooL, in Soutli Hadlsy, incorporated, ... 6
WoRCKSTER County, County Commissioners authorized to establish jail lim-
its for executions on contracts made before the second of April, 1834, 700
Worcester County Historical Society, incorporated, ... 36
Worcester County Manual Labor High School, incorporated, . 427
Worcester County Probate Court, proceedings in revived and contin-
ued, ......... 574

Wrentham, part of| annexed to Foxborough, ..... 26

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