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

jiiiltiil ilipStiiil'iiS 



LAWS 



Commontoealtt) of ^as0ac|)U0etts(, 



PASSED AT THE SEVERAL 



SESSIONS OF THE GENERAL COURT, 



BEGINNING MAY, 1831, AND ENDING MARCH, 1833. 



33uftlfs!)eli agteeaftlj to a a&esolbe of ti»e sCjrtecntf) JJanuars, 1812. 



?— ^ 



VOIi. xxz. 



fronton: 

DUTTON AND WENTWORTH, PRINTERS TO THE STATE. 

1833. 



<"''/T'p J i^^riirv Hh 



SiTATE HOUSE, 



LAWS 



PASSED BY THE GENERAL COURT, 



AT THEIR SESSION, WHICH COMMENCED ON WEDNE9DAT, TH? TWEN- 
TY-FIFTH OF MAY, AND ENDBD ON THURSDAY, THE TWENTY- 
THIRD OF JUNE, ONE THOUSAND EIGHT HUNDRED AND 
THIRTY-ONE. 



CHAP. I. 

An Act to incorporate the Commercial Insurance 
Company in Nantucket. 

Sec. 1. -b>E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Christopher Mit- persons incorpo- 
chell, Frederic W. Mitchell, David Baxter, Martin 
T, Morton, Philip H. Folger, Jared Coffin, John W. 
Barrett, Gorham Coffin, Henrj Swift, Daniel Jones, 
and their successors, associates and assigns, be, and 
they hereby are incorporated and made a body poli- 
tic, by the name of the Commercial Insurance Com- 
pany, to be located in Nantucket, for the purpose 
of making-maritime loans and insurance against ma- 



Powers. 



NANT. COM. INS. CO. Junel, 1831. 

ritime 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 restrictions 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 com- 
mon 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 dollars, excepting such as may be taken 
for debt, or held as collateral security for money 
due to said company. 

Capital Slock. ^"E-C. 2. Be it farther 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 said residue shall 
be paid within one year from the first meeting of 
the company. 

Directors. Sec. 3. Be it further enacted, That the stock, 



NANT. COM. INS. CO. June 7, 1831. 5 

property, affairs and concerns of the said company i^rf '&".*' *^"^^^ 
shall be managed and 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 previous to 
the meeting, and the election shall be made by bal- 
lot, by a majority of the stockholders present, allow- 
ing 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 
second Monday of January as aforesaid, it shall be 
lawful to choose them on any other day, in the man- 
ner herein provided. 

Sec. 4. Be it further enacted, That the direct- 
ors, when chosen, shall meet as soon as may be af- 
ter every election, and shall choose out of their bo- 
dy 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, 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 



6 NANT. COM. INS. CO. June 7, 1831. 

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

Board for doiDR Sec. 5. Be it further enacted^ That the presi- 
dent, and four of the directors, or five of them in 
his absence, shall be a board competent to the trans- 
action 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 offi- 
cers, clerks and servants employed, and the election 
of directors, and all such matters as appertain to the 
business of insurance ; and shall also have power to 
appoint a secretary, and as many clerks and servants 
for carrying on the 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 thfr 
constitution and laws of this Commonw'ealth. 

First Meeting. gfc. 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 ad- 
vertising the same in any newspaper printed in Nan- 
tucket, 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, 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 



BEAMAN MAN. CO. June 7, 1831. 

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. 

Sec. 7. Be it further enacted, That said com- Taxation. 
pany shall be liable to be taxed by any general law, 
providing for the taxation of all similar corporations. 

[Approved by the Governor, June 7, 1831.] 



CHAP. II. 

An Act to incorporate the Beaman Manufacturing 
Company. 

- Sec. 1 . -t>E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Oliver El- raT/d"^ mcorpo- 
dredge, Isaac Danforth, and Josiah Nickerson, to- 
gether with such others as now are, or may here- 
after be associated with them, their successors or as- 
signs be, and they hereby are made a corporation, by 
the name of the Beaman Manufacturing Company, 
for the purpose of manufacturing cotton and wool- 
len 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 require- 
ments prescribed and contained in an Act, passed 
the twenty third day of February in the year of our 



8 PALMER COMPANY. Junel, 1831. 

Lord one thousand eight hundred and thirty, en- 
titled " An Act defining the general powers and 
duties of Manufacturing Corporations. " 
Real and person- Sec. 2. Be it further enacted. That the said 

al estate. ♦^ ' 

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 conven- 
ient for carrying on the manufactures aforesaid. 

[Approved by the Governor, June 7, 1831.] 



CHAP. lU. 

An Act to incorporate the Palmer Company. 

Sec. \. ]iY, it enacted by the Senate and House 
of Representatives in General Court assembled, and 
Persons incoipo- 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 Pahner Company, 
for the purpose of manufacturing woollen and cot- 
ton 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 sub- 
ject 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. 



COMMERCIAL INS. CO. June 7, 1831. 

Sec. 2. Be it further enacted, That the said Se!"'"^ "*' 
Corporation may be lawfully seized and possessed 
of such real estate not exceeding 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. 

[Approved by the Governor, June 7, 1831.] 



CHAP. IV. 

An Act to incorporate the Commercial Insurance 
Company. 

Sec. 1. -OE tV enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That William J. Lor- p^^^^„^ j^^^^p^. 
ing, and his associates, and their successors and as- '■^'^''• 
signs, be, and they hereby are incorporated and 
made a body politic, by the name of the Commer- 
cial Insurance Company, with all the powers and 
privileges, and subject to all the restrictions, duties, 
and obligations, contained in a law of this Common- 
wealth, entitled " An Act to define the powers, du- 
ties, and restrictions of Insurance Companies," pass- 
ed 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 Insuiance 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, 



10 COMMERCIAL INS. CO. June 7, 1831. 

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 fifty thousand dollars, excepting such 
as may be taken for debt, or held as collateral secu- 
rity for money due to said company. 

Sec. 2. Be it further enactfd, That the capital 

Capital Slock. ^^^^^ ^^ ^.^jj com|)any shall be two hundred thou- 
sand 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 
remaining one hundred thousand dollars within one 
year from the passing of this act, in such instal- 
ments, 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 com- 
plied with in one year from the passing of this act, 
the same shall be void. 

Directors, Sec. 3. Bc it further enacted, That the stock, 

property and concerns shall be managed and con- 
ducted by nine directors, one of whom shall be the 
president of the company, and they shall hold their 
offices till the next annual meetin"; after their elec- 
tion, and until others are chosen in their stead, and 
they at the time of their election shall be interested 
in the stock of the company, and citizens of this 
Commonwealth, and shall be elected at the annual 



COMMERCIAL INS. CO. /wwe 7, 1831. 11 

meeting of the Company, which shall be holden at 
such time and place in the city of Boston, in the 
month of October 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 bal- 
lot, by a majority of the stockholders present, al- 
lowing one vote to each share of the stock. Pro- 
vided^ that no stockholder shall be allowed more 
than thirty votes, and absent stockholders may vote 
by proxy, under such regulations as the said com- 
pany 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 provid- 
ed for the election of directors. 

Sec. 4. Be it further enacted, That the direct- President. 
ors, 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, resigna- 
tion, or inability to serve of the president or any di- 
rector, such vacancy or vacancies shall be filled for 
the remainder of the year in which thej 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. 

Sec. 5. Be it further enacted. That the presi- P^^r^ (or dL.ing 
dent and four of the directors, or five of them, in bis 
absence, shall be a board competent to the transac= 



12 COMMERCIAL INS. CO. June 7, 183L 

tion 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 oflicers employed, the election of direct- 
ors, and all such matters as appertain to the busi- 
ness of insurance ; and said directors may appoint 
all officers aild agents, that in their opinion the af- 
fairs 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 constitution and laws of this Commonw'ealth. 

First Meeting. Sec. 6. Be it further enacted, That the said 
William J. Loring be, and he hereby is authorized, 
as soon as shall be convenient after the passing of 
this act, to call the first meeting of said company 
for the 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. Sec. 7. Be it further enacted, That said com- 

pany shall not take any risk, or subscribe any poli- 
cy, till one hundred thousand dollars of their capi- 
tal shall be paid in, and they shall at no time take 
any one risk by way of a policy of insurance, mari- 
time loan, or bottomry, or otherwise, to a greater 
amount than ten per cent, on their capital actually 
paid in. 

Location. ^^c. 8. Be it further euacted, li\\2iX x\ve Commev- 

cial 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 corpora- 
tions, that are by law liable to be taxed. 



LAWRENCE MAN. CO. Jme 7, 1831. 13 

Sec. 9. Be it further enacted, That the shares 
of said corporation shall be assignable and transfera- 
ble, according to such rules and regulations as the 
president and directors shall for that purpose ordain 
and establish, and not otherwise. 

[Approved by the Governor, June 7, 1831.] 



CHAP. V. 

An Act to incorporate the Lawrence Manufacturing 
Company. 

Sec. \. He it enacted by the Senate and House 
of Rfpresentaiives in General Court assembled, and 
by the authority of the same, That William Ap- j^^^""^ '"^"''p*'- 
pleton, Benjamin R, Nichols and Nathan Appleton, 
their associates, successors and assigns, be, and they 
hereby are made a Corporation by the name of the 
Lawrence Manufacturing Company, for the purpose 
of manufacturing cotton and woollen goods in the 
town of Lowell and county of Middlesex, and for 
this purpose shall have all the powers and privileges, 
and be subject to all the duties and requirements con- 
tained in an Act passed 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 of Manufacturing Corpor- 
ations." 

Sec. 2. Be it further enacted. That the capital ^^p"^' ^'°^''- 
stock of said Corporation shall not exceed the sum 
of tv\elve hundred thousand dollars, and that the said 
corporation may be lawfully seized and possessed of 



14 PILOTAGE. June 7, 1831. 

such real estate as ma}^ be necessary and convenient 
for the purposes aforesaid, not exceeding; the value 
of one hundred and fifty thousand dollais, exclusive 
of buildings and improvements that may be made 
thereon by the said Corporation. 

[Approved by the Governor, June 7, 1831.] 



CHAP. VI. 

An Act in addition to an act entitled "An Act to reg- 
ulate Pilota*: 
Fairhaven." 



ulate Pilotage from the Sea into New Bedford and 



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 
Bale of iiticre P^ssiug of this act, the rate of Pilotage which every 
person, authorized by law to pilot vessels from the 
Sea into New Bedford and Fairhaven, shall l)e enti- 
tled to demand and receive, shall be as follows, viz: 
For all vessels inward bound, two dollars per foot ; 
and for all vessels outward bound, one dollar per 
foot ; any thing which is contained in the fifth sec- 
tion of the act to which this act is in addition, to 
the contrary notwithstanding. 

[Approved by the Governor, June 7, 1851.] 



PROCESS OF OUTLAWRY. June 9, 1831. 15 



CHAP. VII. 

An Act in addition to an act, entitled " An Act in- 
corporating the Hingham Mutual Fire Insur- 
ance Company." 

1 E it enacted by the Senatf- and House of 
Representativfs in General Court assembled, and 
by the authority of the samp, That the Hingham Amhorizpriio in- 
Mutual Fire Insurance Company, shall be, and noi less uikn one 

, , , . , . f, „ vedr nor more 

hereby are authorized to msure, tor any term of ihan seven ytars. 
time not less than one year, nor more than seven 
years, on any dwelling house or other building, 
and on household furniture, in any part of this Com- 
monwealth, to any amount, not exceeding three 
quarters of the value of the property insured. 



[Approved by the Governor, June 8, 1831.] 



CHAP. VIII. 
An Act to abolish the process of Outlawry. 

-OE it enacted by the Senate and House of 
Rfpresentatives, in General Court assembled, and by 
the authority of the same. That an act entitled, " an Auiitionofout- 
act directing and regulating the process of outlawry," *^' '^^' 
passed on the second day of October in the year of 
our Lord one thousand seven hundred and eighty- 
two, and the last section of an act, entitled " an act 
for enforcing the speedy payment of rates and taxes, 



16. N. BED. MEC. INS. CO. June 9, 1831. 

and directino; the process against deficient Constables 
and Collectors," passed on the sixteenth day of Feb- 
ruary, in the year of our Lord one thousand seven 
hundred and eighty-six, be, and the same hereby are 
repealed ; and that the process of Outlawry be, and 
the same hereby is abolished. 

[Approved by the Governor, June 9, 1831.] 



CHAP. IX. 

An Act to incorporate the Mechanics Insurance 
Company in New Bedford. 

Sec. 1. UE it enacted by the Senate and House 
of Represcjitatives in General Court ass(^mbled. 
Persons incorpn- ^^^^^^ ^^ ^j^^ authorltij of the sume, That William R. 

Rodman, Gideon Howland, John Price, Ivory H. 
Bartlett, Thomas Mandell, Benjamin Rodman, Silas 
Kempton, Jireh Swift, Joseph R. Shiverick, Charles 
Russell, with their associates, successors and assigns, 
be, and they hereby are incorporated into a com- 
pany and body politic, by the name of the Mechan- 
ics Insurance Company in New Bedford, 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 Insu- 
rance Companies," passed on the sixteenth day of 
February, in the year of our Lord one thousand eight 
hundred and eighteen, and in a law of this Com- 
monwealth entitled " An Act authorizing the several 
Insurance Companies in this Commonwealth to in 



N. BED. MEC. INS. CO. June 9, 183!. 17 

sure against iire," 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 implea- 
ded, appear, prosecute and defend to final judgment 
and execution, and may hav e 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 twelve thousand dollars, ex- 
cepting such as may be taken for debt, or held as 
collateral security for money due to said company. 

Sec. 2. Be it further enacted, That the capi- capital stock. 
tal 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 discretion di- 
rect and appoint, iind 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 op- 
eration. 

Sec. 3. Be it further enacted, That the stock, uiieciors. 
property, aifairs and concerns of the said company, 
shall be managed and conducted by nine 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 



18 N. BED. MEC. INS. CO. June 9, 1831. 

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 
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, allowing 
one vote to each share in the capital stock ; Provi- 
ded 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 of January as aforesaid, it shall be law- 
ful to choose them on any other day in the manner 
herein provided. 
rresident. Sec. 4. Be it further enacted, That the directors, 

when chosen, shall meet as soon as may be after ev- 
ery election, and shall choose out of their body one 
person to be president, who shall be sworn or affirm- 
ed 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 for that purpose, to 
be held in the same manner as herein before directed 
respecting annual elections of directors. 
Board for doin- '^^c. 5. Be it farther enacted, That the presi- 
Lusiiiess. dent and four of the directors, or five of them in his 

absence, shall be a board competent to the transac- 
tion of business, and all questions before them shall 
be decided by a majority of votes ; and they shall 
have power to make and prescribe such by-laws. 



N. BED. MEC. INS. CO. June 9, 1831. , 19 

rules and regulations as to them shall appear need- 
ful and proper, touching the management and dispo- 
sition 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 offi- 
cers, clerks and servants employed, and the elec- 
tion 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 sal 
aries and allowances to them, and to the president, 
as to the said board shall seem meet ; Provided such 
by-laws and regulations shall not be repugnant to 
the constitution and laws of this Commonwealth. 

Sec. 6. Be it further enacted^ That any two or pirst meeting. 
more of the persons named in this act are hereby 
authorized to call a meeting of said company, by ad- 
vertising the same in any newspaper 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 l)e void, un- 
less put in operation agreeably to the terms of it, 
within one }ear from and after tlie 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 been actually paid 
in, and they shall at no time take any one risk by 
way of a policy of insurance, maritime loan or bot- 
tomry, or otherwise, to a greater amount than ten 
p'er cent on their capital actually paid in. 

Sec. 7. Be it further enacted, That said insurance Location. 
company shall be located and kept in the town of 



20 SPRINGFIELD CANAL CO. June 9, 1831. 

New Bedford, and it shall be liable to be taxed by 
any general law providing for the taxation of all sim- 
ilar Corporations. 

[Approved by the Governor, June 9, 1831.] 



CHAP. X. 

An Act to incorporate the Springfield Canal Com- 
pany. 

Sec. 1 . I3E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 

Persons incorpo- i^y (fig authority of the same, That Benjamin Day, 
James Brewer, Samuel Henshaw, Edmund Dwight, 
Jonathan Dwight, Jr., Francis Stanton, Israel 
Thorndike, Harrison Gray Otis, Samuel A. Eliot, 
William H. Eliot, George W. Lyman, James K. 
Mills, Gorham Brooks and George Bliss, and their 
associates, successors and assigns, be, and they here- 
by 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 b}-- 
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. 

Capital stock. Sec. 2. Be it further enacted, That the capital 
stock of said corporation shall not exceed three hu-» - 
dred thousand dollars, and the same may be divid- 



SPRINGFIELD CANAL CO. June 9, 183L 21 

ed into shares, and the said shares may be transfer- 
red 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 con- 
tained in the fifth section of the 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. 

Sec. 3. Be it further enacted. That said corpo- ^««' ^'^■^ person- 

•^ ' A al csiate. 

ration shall have power to take and hold real estate 
not exceeding in value the sum of one hundred 
thousand dollars, exclusive of such improvements as 
may be made thereon, and personal estate not ex- 
ceeding in value the sum of two hundred thousand 
dollars ; and t.he said corporation may improve, sell 
or release their estates, as all other proprietors or 
owners of estates may lawfully do. 

Sec. 4. Be it further enacted, That said corpo- May construct a 

canal with locks. 

ration 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 
Chickapee River, in Springfield, in the county of 
Hampden, and through and over any public high- 
ways 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 re- 
pair, 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 con- 
nected with their estates, to construct and sell ma- 
chinery, and erect any building suitable therefor, 
and to construct, own and use any boats in the 



First Jleetifls 



FIREMENS' JNS. CO. June 10, 1831. 

navigation of said canal and of said Chickapee River 
or of the Connecticut River. 

Sec. 5. Be it further enacted, That any three 
of the persons named in this act, may call the first 
meeting of said Corporation, by giving notice of the 
time and place of meeting, in a newspaper printed 
in said Springfield, twenty days before the time 
of meeting. 

[Approved by the Governor, June 9, 1831. 



CHAP. XI. 

An Act to incorporate the Firemens' Insurance 
Company in the city of Boston. 

Sec. 1. i3e it e7iacted by the Se7iate cmd House 
of Representatives in General Court assembled, and 
Persons incorpo- by the authority of the same, That John S. Ellery, 
Ignatius Sargent, Thomas H. Perkins, H. G. Otis, 
William Prescott, William Appleton, Joseph Til- 
den, Samuel Appleton, Amos Lawrence, L. M. 
Sargent, Thomas C. Amory, James Barry, Jr., 
Elijah Clark, Edward G. Prescott, William G. Ea- 
ton, Henry Curtis, John Collamore, Jr., William 
Willett, and their associates, successors and assigns, 
be, and they hereby are incorporated into a compa- 
ny 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 



FIREMENS' INS. CO. June 10, 1831. 23 

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 plea- 
sure, and may purchase, hold and convey any es-^ 
tate, real or personal, for the use of said company, 
provided they shall not hold real estate exceeding 
the value of fifty thousand dollars, excepting such 
as may be taken for debt by said company, or held 
as collateral security for debts due to them. 

Sec. 2. Be it further enacted, That the capital capital stock, 
stock of said company shall be three hundred thou- 
sand 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 pen- 
alties, as the president and directors shall direct and 
appoint, and said stock shall be invested according 
to the laws of this Commonwealth regulating insu- 
rance stocks. 

Sec. 3. Be it further enacted, That the stock. Director*. 
property, affairs and concerns of said company shall 
be managed and conducted by twelve directors, one 
of whom shall be president thereof, who shall hold 
their offices for one year, and until others are chosen, 
and shall at the time of their election be stockhold- 
ers of said company, and citizens of this Common- 
wealth, 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 print- 



24 FIREMENS' INS. CO. June 10, 1831. 

ed in said city, ten days next preceding such elec- 
tion, and the election shall be made by ballot by a 
majority of the votes of the stockholders present, al- 
lowing one vote to each share in the capital stock : 
But no stockholder shall vote at any election for di- 
rectors, unless the share or shares, upon which he 
may claim to vote, shall have been standing in his 
name in the books of the corporation for at least 
two months previous to such election : provided no 
stockholder shall have more than 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 direct- 
ors 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. 
President. Sec. 4. Be itfui'tlier enacted, That the directors 

so chosen shall meet as soon as may be after every 
election, and shall choose out of their number one 
person to be president, who shall be sworn faithful- 
ly to discharge the duties of his ofiice during the 
period for which he is elected, and the said direct- 
ors shall establish such compensation for his servi- 
ces as to them shall seem fit ; 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 may happen, by a special election, at a meet- 
ing of the stockholders to be notified and held as is 
herein before directed, in case of annual elections, 
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 officers, as shall 
be necessary for the conducting and executing the 



FIREMENS' INS. CO. June 10, 1831. 25 

business of the said corporation, and to allow the 
said persons so appointed, such compensation for 
their services respectively, as they shall deem rea- 
sonable, and to take security from any of the said 
officers, for the faithful discharge of their duties. 

Sec. 5. Be it further enacted, That the president, Board for doing 
and six or the directors, or seven oi the directors in 
the absence of the president, shall be a board com- 
petent for 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 pre- 
scribe 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 con- 
duct of the several officers, clerks and servants em- 
ployed in the service of the company, and the elec- 
tion 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 regula- 
tions be not repugnant to the constitution and laws 
of this Commonwealth ; and they shall also have 
power and authority, in behalf of said company, to 
make insurance on any property or building, against 
damage to the same by fire, originating in any cause 
except design in the assured, for such time, and on 
such conditions, and for such premiums as the par- 
ties may agree to, and to accept notes, or other se- 
curity for the premium : provided, that the said 
company shall not insure on any one risk more than 
ten per centum on the amount of the capital stock 
paid in ; and all policies of insurance by them 
made shall be subscribed by the president, or two 
of the directors, and countersigned by the secretary, 
4 



26 FIREMENS' INS. CO. June 10, 1831. 

and shall be binding and obligatory upon the said 
company, when so signed, and have the like effect 
and force, as if under the seal of the company ; and 
all losses, duly arising under the policies so subscrib- 
ed, may be adjusted and settled by the president and 
board of directors, or such agent as they shall au- 
thorize, and such adjustment shall be binding on 
said company. 

Syi'lgld'sci." Sec. 6. Be it further enacted, That the said 

''"** company shall not directly nor indirectly deal or 

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

fiiatemeiitof pro. Sec. 7. Be it further enacted, That once in each 
year, and oftener if required by a majority of the 
rotes of the stockholders, the directors shall lay be- 
fore the stockholders, at a general meeting, an ex- 
act 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, Avhen, 
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 examina- 
tion concerning the same under oath. 

Dividends. Sec. 8. Be it further enacted, That it shall be 

the duty of the directors to make semi-annual divi- 
dends of the interest arising from the capital stock, 
and of the profits of said company, if it should ap- 
pear 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 Department in such man- 
ner as they shall see fit ; but monies received and 
notes taken for premiums of risks, which shall be 



First meeting. 



FIREMENS' INS. CO. June 10, 1831. 27 

undetermined and outstanding at the time of mak- 
ing 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 lessened, no sub- 
sequent dividend shall be made, until a sum equal to 
such diminution shall have been added to the capital. 

Sec. 9. Be it further enacted, That any three of 
the persons named in the first section of this act 
are hereby authorized to call a meeting of said com- 
pany in Boston, by advertising the same for tw^o 
weeks successively in any three newspapers printed 
in said Boston, for the purpose of electing the first 
board of directors, 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. 

Sec. 10. Be it further enacted, That the shares shares, 
of the capital stock of the said corporation 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 other- 
wise. 

Sec. W. Be it further enacted, That the capital stock not to i.e 

'^ ^ _ sol<l or transfer 

stock of said insurance company, or any part of it, 'eti. 
shall not be sold or 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 
in operation within one year from the passage of this 
act, the same shall be void. 

Sec 12. Be it further enacted, That said Fire- LocaUon. 
mens' Insurance Company shall be established in 
the city of Boston, and be liable to be taxed by any 
general law providing for the taxation of all similar 
corporations. 

Sec. 13. Beit further enacted, That incase of ^ "'^^^ 



28 STEAM BOAT CO. Jmie 10, 1831. 

any loss or losses taking place whicli 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 accountable for the amount of any and every loss 
which shall take place under policies thus subscrib- 
ed. 

[Approved by the Governor, June 10, 1831.] 



CHAP. XII. 

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

Sec. 1. JjE it enacted by the Senate and House of 
Representutives, in General Court assembled, and by 
Persons incorpo- ^^^ authority ofthe same, That David Whiton, Luther 
rated: j^ Bamcs, Rufus Lane, Henry Nye, Ensign Barnes, 

Rufus W. Lincoln, Charles Lane, Bela Whiton, Dan- 
iel 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 connected 
therewith, for the convenience of the public travel 
between Boston and Hingham, and the towns adjacent 
thereto, with authority to sue and be sued, to 
choose such officers and to make such by-laws as the 
good management of said Corporation may require, 



MECH. HALL ASSOC. June 10, 183L 29 

provided the same are not repugnant to the consti- 
tution and laws of the Commonwealth. 

Sec. 2. Be it further enacted, That said company Site'? ^"^°"' 
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 ex- 
ceeding the value of forty thousand dollars. 

Sec. 3. Be it further enacted, That David Whiton First meeiing. 
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. 

[Approved by the Governor, June 10, 1831.] 



CHAP. XIII. 

An Act to incorporate the Mechanic Hall Association. 

Sec. 1. JjE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Daniel Messinger, persons incorpo- 
Samuel T. Armstrong, Joseph T. Buckingham, '^'*^'^" 
John Cotton, Uriel Crocker, George Darricott, Ezra 
Dyer, Stephen Fairbanks, James McAllister, Benj- 
amin Russell, John P. Thorndike, Charles 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 of record, or other place whatsoever, may have 
a common seal, and the same at pleasure may 



30 MECH. HALL ASSOC. June 10, 183L 

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. Provided, That such by-laws be 
not repugnant to the Constitution and laws of this 
Commonwealth. 
Real and person- Sec. 2. Be it further eiiacted, That the said cor- 
poration may be lawfully seized and possessed of such 
real and personal estate, not exceeding one hundred 
thousand dollars in value, as may be necessary and con- 
venient for the purpose of erecting and maintaining, 
in the city of Boston, a public edifice, which may 
contain a large and convenient Lecture Room, a hall 
or halls suitable for the accommodation of public as- 
semblies of the citizens, apartments suitable for a Me- 
chanics' Library or other public library or libraries, 
and for the exhibition of the productions of the manu- 
facturing, mechanic and fine arts ; and for any other 
purposes not incompatible with the laws of the 
Commonwealth, and tending to promote improve- 
ment in morals, arts and science. 

Sec. 3. Be it further enacted, That the capital 

Capital Slock to , i • i i 11 i 

be divided into stock of thc compauy hereby mcorporaten shall be 
divided into shares of 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. 

First meeting. Sec. 4. Be it further enacted, That any three of 
the persons herein before named may call the first 
meeting of the corporation, by advertising it in any 
one of the newspapers printed in the City of Bos- 
ton, ten days at least before the time of the propo- 
sed meeting, at which meeting, or at any adjourn- 



N. BED. MECH. BANK. June 10, 1831. 31 

ment 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 
effect the purposes of their association. 

[Approved by the Governor, June 10, 1831.] 



CHAP. XIV. 

An Act to incorporate the President, Directors and 
Company of the Mechanics' Bank in New Bed- 
ford. 

Sec. 1. ly'E.it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Isaac Howland, Persons incorpo- 
John Price, William R. Rodman, Jonathan How- 
land, Edmund Gardner, Latham Cross, Ephraim 
Kempton, David Coffin, George T. Baker, their as- 
sociates, successors and assigns, be, and they are 
hereby created a corporation, by the name of the 
President, Directors and Company of the Mechanics 
Bank, and shall so continue until the first day of Oc- 
tober, 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 February, in the year of our 
Lord one thousand eight hundred and twenty-nine, 
entitled "An Act to regulate Banks and Banking," 



32 FIRST PAR. IN DORCH. June 10, 1831. 

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 na- 
med, and for other purposes." 

capiiai Stock. Sec. 2. Be it further euacted, That the capital 
stock of said corporation shall consist of the sum 
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 stock- 
holders may direct : Provided the whole be paid 
within one year from the passing of this act. 

Location. Sec. 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 meeting of said cor- 
poration by advertising the same in any newspaper 
printed in the town of New Bedford, ten days at 
least before said meeting. 

[Approved by the Governor, June 10, 1831.] 



CHAP. XV. 

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

Sec. 1. JdE it enacted hy the Senate and House 
of Representatives in General Court assembled, and 
Persons incorpo- hij the authority of the same, That Ebenezer Clapp, 
Henry Gardner and Samuel P. Loud, all of said 
Dorchester, be, and they are hereby constituted a 
body corporate, with their associates and successors, 



FIRST PAR. IN DORCH. June 10, 1831. 33 

by the name of the trustees of the First Parish in 
Dorchester. 

Sec. 2. Be it further enacted, That the said ^ay make by- 
trustees and 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 re- 
pugnant to the constitution and laws of this Com- 
monwealth. The number of such trustees shall not 
exceed five, nor be less than three, a majority of whom 
shall constitute a quorum for the transaction of busi- 
ness, and the number of such trustees shall be de- 
termined by said parish at a legal meeting assembled 
for that purpose. 

Sec. 3. Be it further enacted, That said trustees p^.^ 
their associates and successors shall have power 
to take, hold and possess, all the property, now be- 
longing to said parish, or which may hereafter ac- 
crue to the same by grant, donation or otherwise, 
both real and personal, in trust for the use and bene- 
fit of said parish, for the purpose of promoting and 
supporting the public 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 until such meeting shall be 
had, such vacancies may be filled by said board of 
trustees. 

Sec. 4. Be it further enacted, That all grants. Funds, 
devises or donations, made, or which hereafter may 
be made to said trustees in their said capacity, for 
the use and benefit of said parish, shall be valid to 

5 



34 



PAVING OF STREETS. 



June 11, 1831. 



every intent and purpose. And said trustees 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. 
First meeting. Sec. 5. Be it further enacted, That Ebenezer 
Clap 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. 

[Approved by the Governor, June 10, 1831.] 



Macadimizing 
to be deemed 
equivalent to 
the paving of 
•treets. 



CHAP. XVI. 

An Act in further regulation of the Paving of Streets. 

JiSE it enacted by the Senate and House of 
Representatives in Gevieral Court assembled, and by 
the authority of the same, That in all cases where, by a 
special act or otherwise, authority is given to any 
town respecting the paving of the streets of such 
town, the macadimizing of any streets of such town 
shall, to all intents and purposes of such authority, 
be deemed equivalent, in all respects, to the paving 
of such streets, and the macadimizing of such streets 
shall create the same liabilities in all "respects, to the 
intents and purposes aforesaid, as would be created 
by the paving of such streets. 

[Approved by the Governor, June 11, 1831.] 



Surve3'ors of 



PAVING OF STREETS. June 13, 1831. 35 



CHAP. XVII. 

An Act in further addition to the several Acts re^u- 
lating the Paving of Streets in Boston. 

JjE 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 they shall highwiyrmTy 

HT , 1 ,, . T . order any street 

ge It expedient, may order any street or said city to to bemacadim- 

be macadimized and the several provisions of an act 
entitled "An act to regulate the paving of streets in 
the town of Boston, and for removing obstructions in 
the same," passed on the twenty-second day of June, 
in the year of our Lord one thousand seven hundred 
and ninety-nine, and of the several acts in addition 
thereto, shall be deemed and taken to apply to streets 
ordered to be macadimized, as well as to streets or- 
dered to be paved in said city, and the macadimi- 
zing 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 under them by the paving of 
such streets. 



[Approved by the Governor, June 13, 1831.] 



36 MASS. CHAR. FIRE SOC. June 13, 1831 



CHAP. XVHI. 

An Act in addition to an act entitled " An Act 
incorporating certain persons into a society by 
the name of the Massachusetts Charitable Fire 
Society." 

Be it enacted by the Senate and House 

of Representatives in General Court assembled, and 

by the authority of the same, That the Massachu- 

Auihorized to sctts Charitable Fire Society be, and they hereby 

dispose of such ^ • t ^ • ^ jj* c i 

part of ihe funds are authorizcd to appropriate and dispose oi such 
^\\2y'mTydclm part of the funds of said society to any other chari- 
o[hercha°rUabie table purposB or purposcs than those mentioned in 
thoTe'mentioned their act of incorporatiou, and to such benevolent 

in their act of in- ... - i • i ' r^ ii i 

corporation. 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 meeting duly called for 
such purpose, provided, that such appropriation shall 
not exceed twenty five per centum of the whole ca- 
pital stock of said society, and provided also, it shall 
in no case affect the bequests of any individual who 
has bequeathed or may bequeath any legacy to said 
society. 

[Approved by the Governor, June 13, 1831.] 



Name and loca- 
tion altered. 



SUNDERLAND BANK. June IS, 1831. 37 



CHAP. XIX. 

An Act to alter the location and change the name of 
the Sunderland Bank. 

Sec. 1. jjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That, from and after the 
first day of October next, the president, directors and 
company of the Sunderland Bank, may 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. 

Sec. 2. Be it further enacted, That the said pre- Liabilities. 
sident, directors and company of the Amherst Bank 
shall be subject to all the duties, liabilities and obli- 
gations of the said piesident, directors 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 Amherst, any thing in the tenor of their bills, 
or other contracts and obligations to the contrary not- 
withstanding. Provided, that the present board of 
directors may continue in office until the next regu- 
lar election of directors, although a majority of them 
may not be residents within the said county of 
Hampshire. 

[Approved by the Governor, June 13, 1831.] 



38 TREMONTj^HOUSE. June 15, 1831. 



CHAP. XX. 

An Act to incorporate the Proprietors of Tremont 

House. 



Sec. 1. JL>E it enacted by the Senate and House 

of Representatives in General Court assembled, 

Persons incorpo- and bii the authority of the same, That Thomas H. 

rated. "^ u ^ ' 

Perkins, Andrew E. Belknap, William H. Eliot, 
and Samuel A. Eliot, all of Boston, and their associ- 
ates, successors and assigns, be, and thej 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 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, limitations 
and restrictions in this act contained. 
Real and person- Sec. 2. Be it further cnacted, That the said cor- 
poration hereby created is hereby enabled and em- 
powered to purchase and to hold as corporate pro- 
perty all that real estate, situate in the city of Bos- 
ton, at the corner of Beacon street and Tremont 
street, being the public hotel commonly called Tre- 
mont House, and the land under and belonging to 
the same, and also the household furniture and other 
personal property now belonging to said establish- 
ment, and also to purchase and hold such other real 
. estate in the city of Boston 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 other personal property as they shall deem ne- 



TREMONT HOUSE. JuneW, 1831. 39 

cessary 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 demands on said 
corporation, and who shall have actually instituted a 
suit against them. 

Sec. 3. Be it further enacted, That it shall be shares. 
lawful for 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. 

Sec. 4. Be it further enacted, That the shares in „ , 

, To be personal 

the stock of said corporation shall be personal estate, 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 proprie- 
tor to whom the 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 isswed in manner aforesaid to the assignee. 

Sec. 5. Be it further enacted, That the said pro- Directors. 
prietors, at their first or any subsequent meeting, 
may choose such a numbei of directors as they shall 
think proper, and a secretary, treasurer, and any oth- 
er officer or officers as said proprietors may think 
best, all which officers shall be chosen annually un- 



40 TREMONT HOUSE. June 15, 1831. 

less said proprietors 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 proprietors shall have power to 
prescribe the respective duties of the officers so cho- 
sen, 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 corporation 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 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 
Boston ten days at least before the time of such 
meeting. 
Eieciionofoffi- Sec. 6. Be itfuvther enacted, That in the elec- 
tion of officers, and all other questions that shall 
come before said proprietors, each proprietor shall 
be entitled to as many votes as he shall have shares, 
and absent proprietors may authorize any proprietor 
to appear, and vote in their behalf, such authority 
appearing in writing filed with the recording officer 
of the meeting. 

Sec. 7. Be it further enacted, That satd cor- 
poration 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. Prodded, 
that two thirds in number, and interest of the pro 



cers 



Assessment. 



TREMONT HOUSE. June 15, 1831. 41 

prietors, present at the meeting at which any assess- 
ment 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 advertisement in two or more newspa- 
pers printed in Boston, ten days at least before the 
time appointed therefor. 

Sec. 8. Be it further enacted, That after an as- fe^roTrefusaf 
sessment shall have been laid on the shares of said '"py assess- 

tnents. 

corporation, no assignee of any share shall be enti- 
tled to a certificate in his own name, until all assess- 
ments 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 where- 
on any assessment shall be due and unpaid, notwith- 
standing any assignment thereof by the delinquent 
proprietor. 

Sec. 9. Be it further enacted, That the shares of be auaci.ed'or 
proprietors in said corporation shall be liable to be ""^^"^ process. 
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. 

Sec. 10. Be it further enacted, That the said p.^^, j^j^^^.^ 
William H. Eliot shall have authority to call the 
first meeting of said corporation, by advertising in 
any of the public newspapers printed in Boston ten 
days at least before the time of meeting. 

[Approved by the Governor, June 15, 1831.] 
6 



42 PITTSF. METH. EPIS. SOC. June 15, 1831. 



CHAP. XXI. 

An Act to incorporate the Methodist Episcopal So- 
ciety of Pittsfield. 

Sec. 1. -OE it enacted hy the Senate and House 
of Representatives in General Court assembled, and 
hy the authority of the saine, That James Foot, 

ranted""* '"corpo- ■yYjjjj^^ StevcHs, John Butlcr and Thomas A. Gay- 
lord, 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 Com- 
monwealth. 

First meeting. ^EC. 2. Bc it further enacted, That the first meet- 

ing of said society shall be convened by a warrant 
to be issued by any justice of the peace in the coun- 
ty of Berkshire, directed to any member of said so- 
ciety, requiring him to notify the members of said 
society to meet at such time and place as shall be 
designated in said warrant. 

[Approved by the Governor, June 15, 1831.] 



NEWBURYPORT BANK. June 15, 1831. 43 



CHAP. XXII. 

An Act to authorize the President, Directors and 
Company of the Newburyport Bank to close its 
concerns- 

Sec. I. J3E zY enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That the Presi- cessation of 

•^ 'J '^ ' banking compa- 

dent, Directors and Company of the Newburyport ">■• 
Bank shall, from and after the fifteenth day of June, 
in the year of our Lord eighteen hundred and thir- 
ty one, cease to be a banking company, in the same 
manner, and to every intent and purpose as if the 
act incorporating said company had expired by its 
own limitation. 

Sec. 2. Be it further enacted, That the presi- Continuation of 

. ^ '^ corporate capa- 

dent, directors and company of said bank shall be city for three 
continued a body corporate to enable them to settle 
and close their concerns, subject to the obligations, 
and with the rights and privileges belonging to them 
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 ena- 
bling said bank to close its concerns. 

Sec. 3. Be it further enacted. That the hold- siockhouiersiia- 

'^ _ ' ble (or the pay- 

ers of the stock in said bank shall be chargeable in "lentofbiiis, 
their private and individual capacities, and shall be 
holden for the payment and redemption of all bills 
which may have been issued by said corporation, 
remaining unpaid, in proportion to the stock they 
may respectively hold. 

Stc. 4. Be it further enacted. That, from and Loans. 
after the fifteenth day of June aforesaid, it shall not 



44 NEWBURYPORT BANK. June 15, 1831. 

be lawful for said bank, nor for any person acting in 
their behalf in the capacity of president, 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 ordina- 
ry course of business may be necessary for the sala- 
ries of their officers, and contingent expenses inci- 
dent thereto, nor to receive any but special depo- 
sits nor any notes for collection. Provided always 
that the said bank may, during the term aforesaid, 
discount any notes, bonds, or mortgages, which may 
be presented 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 hun- 
dred and thirty four. 

Sec. 5. Be it further enacted, That it shall be. 

Concerns to be ^ ' ' 

brouoiutoa and hereby is declared to be the duty of the presi- 

close. "^ ^ JT 

dent and directors of said 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 
inconvenience 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 is- 
sue 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 stock- 
holders respectively, or shall discount any notes. 



\ 



SUTTON FIRST CONG. SOC. June 15, 1831. 45 

bonds or mortgages, except such as may be offered in 
lieu or renewal in part, or in whole, of notes or other se- 
curities which maybe then or afterwards due or grow- 
ing 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 con- 
sent, any such loan, issue of securities, discount, 
deposit, or receipt of notes for collection, contra- 
ry to the true intent and meaning of this act, shall 
be permitted or done, shall forfeit and pay for each 
offence treble value of all sums so loaned, issued, 
discounted, deposited, or left for collection, to be re- 
covered 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. 

[Approved by the Governor, June 15, 1831. 



CHAP. XXIII. 

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

Sec. 1. JdE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That the First Con- 
gregational Society in Sutton, be, and they hereby raise money "by 
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 de- 



Aulhorized to 



assessment. 



46 SUTTON FIRST CONG. SOC. June 15, 1831. 

termine to be taxed and assessed, such sum or sums 
of money as they shall agree upon and grant for the 
purpose of supporting and mahitaining a public 
teacher or teachers of morality and religion, for re- 
pairs and alterations of their said meeting-house, 
and for all other purposes incident to and connected 
with the objects of said society. 

Sec. 2. Be it further enacted, That it shall be 
ors. 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 meet- 
ing, together with a copy of the tax-bill committed 
to him or them to collect, to receive the tax or as- 
sessment made upon his or their respective pew or 
pews or parts thereof, or seats, for the purposes afore- 
said ; and if any proprietor or proprietors as afore- 
said shall fail to meet said collector or collectors, as 
aforesaid, and pay to him or them the tax or assess- 
ment 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 collector or collectors, 
for the space of fourteen days after the time appoint- 
ed for said meeting as aforesaid, such collector or 
collectors 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 
notifications 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 



COMMERCIAL BANK. June 15, 1831. 47 

a good and sufficient deed or deeds thereof, to the 
purchaser or purchasers of the same : provided how- 
ever, 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 delin- 
quent or delinquents pew, or pews, or parts thereof, 
or seat or seats made as aforesaid, shall not be suffi- 
cient 1o pay the whole amount of the sum assessed 
upon them as aforesaid, and all legal charges, such 
collector or collectors are authorized and empower- 
ed, and it is hereby made their duty to collect such 
deficiency, with all the expenses attending the same, 
out of other property of such delinquent or delin- 
quents, in the same manner as town, county, or 
state taxes are collected. 

Sec. 3. Be it further enacted. That so much of ^■^'■'"''^'^"'^ 

... . . pealed. 

the act to which this is in addition, as is inconsistent 
with the provisions of this act, be, and the same is 
hereby repealed. 

[Approved by the Governor, June 15, 1831.] 



CHAP. XXIV. 

An Act to incorporate the President, Directors and 
Company of the Commercial Bank in the city of 
Boston. 

Sec. 1. l5E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Benjamin Fiske, fS"' '""''P"" 



48 COMMERCIAL BANK. June 15, 1831. 

John Brown, Newton Willey, Isaiah Bangs, Parker 
H. Pierce, Phineas Sprague, Ammi C. Lombard, 
Ezra Weston, William Parker, Alfred Richardson 
and Aaron Everett, their associates, successors and 
assigns shall be, and they hereby are created a cor- 
poration, 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 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 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 continue the Banking Corpo- 
rations therein named, and for other purposes." 
Capital Stock. Sec. 2. Be it fnfther enacted, That the capital 

stock of said corporation shall consist of five hun- 
dred 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. Provided, that the whole be paid within 
one year from the passing of this act. 

Sec. 3. Be it further enacted, That the said 
bank shall be established in the city of Boston, and 
that any one of the persons before named shall be 
authorized to call the first meeting of said corpora- 
tion, by advertising the same in any newspaper 
published in the city of Boston, ten days at least 
before said meeting. 

[Approved by the Governor, June 15, 183I.J 



Location. 



CHARLES. F. k M. INS. CO. June 15, 1831. 49 



CHAP. XXV. 

An Act to alter and amend an act entitled " An Act 
to incorporate the Charlestown Fire and Marine 
Insurance Company." 

Sec. 1. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the corporation call- change of bca- 
ed and known by the name of the Charlestown Fire "°"* 
and Marine Insurance Company, 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 established for the location of 
the said corporation, and that the said corporation 
be, on and after the twentieth day of June current, 
established in the city of Boston, and therein em- 
powered to do and transact all business as a corpo- 
ration, which in and by said act said corpoiation is 
now empowered to do at Charlestown in the coun- 
ty of Middlesex. 

Sec. 2. Ue it further enacted, That the said cor- inciease of capi- 

icil slock. "^ 

poration be, and it hereby is authorized and empow- 
ered to increase its capital stock, by adding thereto 
one hundred thousand dollars ; and that the number 
of shares be, and the same hereby are increased 
from one thousand to two thousand of one hundred 
dollars each. 

Sec. 3. Be it further enacted, That one half part Modeofpay- 

•^ •■ nieiu of addition- 

of the additional capital hereby created and allowed ai capital. 
shall be paid in, in like manner as is provided for in 
the original act of incorporation, within sixty days 
7 



50 CHARLES. F. &M. INS. CO. June 15, 1831. 

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 instalments, and un- 
der such penalties 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 capi- 
tal 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, invested 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, in- 
stead of one hundred thousand dollars. 

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

corporation shall assume, take and use the name of 
the Neptune Insurance Company in the city of Bos- 
ton, and that all contracts, duties and liabilities 
whatsoever shall be binding upon and be performed 
by the said corporation, by the aforesaid name of 
the Neptune Insurance Company in the city of Bos- 
ton, which may and should be performed, and 
which are now binding upon the said corporation by 
the name of the Charlestown Fire and Marine In- 
surance 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 exer- 
cise all the powers, and be subject to all the con- 
tracts, duties and liabilities which it could and might 
exercise, or be subject to, under the name of the 
Charlestown Fire and Marine Insurance Company. 

Number of direc- §£0. 5. Bc it further eiicicted. That the num- 

lors. "^ ' 

ber of the directors of the said Neptune Insurance 
Company shall be increased to nine, who shall ex- 



TOWN OF SUTTON. June 15, 1831. 51 

ercise all the powers, and be subject to all the du- 
ties prescribed in the third section of the act to 
which this is in addition ; and such additional direct- 
ors shall be stockholders of the said corporation, and 
shall be chosen at such 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. 

Sec. 6. Be it further enacted, That the provi- f "Jlirb"'^ tile' 
sions of this act shall not be binding; on the said provisions of tins 

o acl unless accep- 

Charlestown Fire and Marine Insurance Company, Jheirmeeting' 
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 sec- 
tion of the act to which this is in addition. 

[Approved by the Governor, June 15, 1831.] 



CHAP. XXVI. 

An Act to annex certain land to the town of Sutton 
in the county of Worcester. 

-OE it enacted by the Senate and House of 
Representatives, i7i General Court asse^nbled, and by AnmxAiion of 
the authority of the same, That so much of the land 
belonging to Hammond Hewitt, and Alpheus Raw- 
son of Northbridge in the county of Worcester, as 
lies and is situate north of a line beginning at the 
south east corner of the road leading by the said 
Hewett's house to the house of said Rawson, at its 
intersection with the road passing by the south Bap- 
tist meeting-house in said Sutton, to Douglas, in 



WEST STOCK. R. ROAD CO. June 16, 1831. 

said county of Worcester, a few rods north of the 
house of Warren Batchellor in said Douglas, thence 
south eighty 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 North- 
bridge and annexed to the said town of Sutton. Pro- 
vided 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 North- 
bridge. 

[Approved by the Governor, June 15, 1831.] 



CHAP. XXVII. 

An Act to incorporate the West Stockbridge Rail 
Road Company. 



Sec. 1. JjE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Henry B. Boyn- 
^^ersons incorpo- ^^^^ j^obbius Kcllogg, Milcs Morgau, Erastus Crock- 
er, Lyman Hinman, Melancton Lewis, and Epa- 
phroditus Cone, their associates, successors and as- 
signs, be, and they hereby are made a body politic 
and corporate, with a capital of forty thousand dol- 
lars, under the name of the West Stockbridge Rail 
Road Company, and by that name shall be and here- 
by are made capable in law to sue and to be sued 
to final judgment and execution, plead and be im- 



WEST STOCK. R. ROAD CO. June 16, 1831. 53 

pleaded, defend and be defended, in any courts of 
record, or in any other place whatever, to make, 
have and use a common seal, and the same to break, 
renew, or alter at pleasure, and shall be, and are 
hereby vested with all the powers, privileges and 
immunities, which are or may be necessary to carry rowers, 
into effect the purposes and objects of this act, as 
hereinafter set forth ; and the said corporation are 
hereby authorized and empowered to locate, con- 
struct, and finally complete a rail road, commencing 
at or near the village in West Stockbridge, and run- 
ning thence in a westerly or northwesterly direc- 
tion, on the most eligible route through the norther- 
ly 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 corpora- 
tion 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 ne- 
cessary for the proper construction and security of 
said road. Provided hoivever, that all damages, 
that may be occasioned to any person or corpora- 
tion, by the taking of such land or materials for the 
purposes aforesaid, shall be paid for by said corpo- 
ration in the manner hereinafter provided. 

Sec. 2. Be it further enacted, That the capital shares. 
stock of said corporation shall consist of one thou- 
sand shares, and the immediate government and di- 
rection of the affairs of the said corporation shall be 
vested in five directors, who shall be chosen by the Directors. 
members of the corporation in the manner herein 
after provided, and shall hold their offices until oth- 
ers shall be duly elected and qualified to take their 



54 WEST STOCK. R. ROAD CO. June 16, 1831. 

places, as directors ; and the said directors, a major- 
ity of whom shall form a quorum for the transaction 
of business, shall elect one of their number to be 
president of the board, who shall also be president 
of the corporation, and shall have authority to 
choose a clerk, who shall be sworn to the faithful 
discharge of his duty, and a treasurer, who shall give 
bonds to the corporation with sureties to the satis- 
faction of the directors, in a sum not less than ten 
thousand dollars, for the faithful discharge of his 
trust. 
Sonify foMhe ^Ec. 3. Be it further enacted, That the presi- 
i^o"c"aUo"n*^ and ^^^^ ^^^^ dircctors for the time being are hereby au- 
raiTroad"""'^ thorizcd 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 all such 
other powers and authority for the management of 
the aifairsof 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 corporation, for the use of said road, to make 
such equal assessments from time to time on all the 
shares in said corporation, as they may deem expe- 
dient and necessary in the execution and progress of 
the work, and direct the same to be paid to the 
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 trea- 
surer of said corporation, the directors 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 tranferred to the pur- 



WEST STOCK. R. ROAD CO. June 16, 1831. b^ 

chaser. 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 as- 
sessments due thereon, with the interest and costs 
of sale, and shall be entitled to the overplus, if his 
share or shares shall sell for more than the as- 
sessment due, with interest and the 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 forty dollars on each 
share. 

Sec. 4. Be it further enacted, That the annual Annual meeting, 
meeting of 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 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 corpora- 
tion by giving notice, in the Berkshire Journal pub- 
lished in Lenox, of the time, place and purpose of 
said meeting, at least ten days before the time men- 
tioned in such notice. 

Sec. 5. Be it further enacted. That the said Damages. 
corporation 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 dama- 
ges happening by the laying out of highways. 

Sec. 6. Be it further enacted, That when the 



struction of rail 
road. 



66 WEST STOCK. R. ROAD CO. June 16, 1831. 

lands, other property or estate of any femme covert, 
infant, or person non compos mentis, shall be neces- 
sary for the construction of said rail road, the hus- 
band 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'appro- 
priated as aforesaid, as they might do if the same 
were holden by them in their own right respectively. 
h!jur?orde°' ^^^' ^' ^^ *^ furtfier enacted, That if any per- 

son shall wilfully, maliciously or wantonly, and con- 
trary to law, obstruct the passage of any carriage 
on said rail road, or in any way spoil, injure or de- 
stroy said rail road or any part thereof, or any thing 
belonging thereto, or any material or implements to 
be employed in the construction or for the use of 
said road, he, she or they, or any person or per- 
sons, 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, be- 
fore 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 cor- 
poration. And such offender or offenders shall be 
liable to indictment by the grand inquest for the 
county of Berkshire, for any offence or offences con- 
trary 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 exceed- 
ing 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 convic- 
tion may be had. 



WEST STOCK. R. ROAD CO. June 16, 1831, 57 

Sec. 8. Be it further enacted, That if the said Jl^J'Sghwi'&c! 
rail road, in the course thereof, shall cross any pri- s,°ucied.^ ^°^' 
vate way, the said corporation 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 pro- 
per to try the same, and shall recover his reasonable 
damages for such injury. And if the said rail road 
shall, in the course thereof, cross any turnpike or 
other highway, the said rail road shall be so con- 
structed 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 con- 
veniently 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 satisfactory 
to the proprietors of such turnpike or to the select- 
men of the town, as the case may be, said proprie- 
tors or selectmen may require, in writing, of said 
corporation, such alteration or amendment as they 
may think necessary. And if the required amend- ^^e„j^entor 
ment or alteration be reasonable and proper, and the f^l^^Jfilj"^^"^^ 
said corporation shall unnecessarily and unreasona- '"s" 
bly 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 reco- 
ver a reasonable indemnity in damages for all char- 
ges, disbursements, labour and services occasioned 

8 



38 WEST STOCK. R. ROAD CO. June 16, 1831. 

by making such alteration or amendment, with costs 
of suit. 

By-laws. Sec. 9. Be it further enacted^ That the said cor- 

poration shall have power to make, ordain and esta- 
blish all such by-laws, rules, regulations and ordinan 
ces, 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 or- 
dering, regulating and securing the interest and af- 
fairs of the corporation : provided, the same be not 
repugnant to the constitution and laws of this Com- 
monwealth. 

Toll. Sec. 10. Be it further enacted, That a toll be 

and hereby is granted and established for the sole ben- 
efit of said corporation, upon ail passengers and pro- 
perty of all descriptions which may be conveyed or 
transpoited upon said road, at such rates per mile, as 
may be agreed upon from time to time by the direct- 
ors 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, regu- 
lations and provisions as the directors shall from time 
to time prescribe and direct. And said road may 
be used by dny persons who shall comply with such 
rules and regulations : Provided however, that if, at 
the expiration of four years from and after the com- 
pletion 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 



BOST. AND LOW. STAGE CO. June 16, 1831. 59 

the road to be the same as the four preceding years, 
and at the exph'ation of every four years thereafter 
the same proceedings may be had. 

Sec. 11. Be it further enacted, That the direct- Duty of direct- 
ors of said corporation for the time being are hereby °"* 
authorized to erect toll houses, establish gates, ap- 
point toll-gatherers and demand toll upon the road, 
when completed, and they shall from year to year 
make a report to the Legislature of their acts and . 
doings under the provisions of this act. 

Sec. 12. Be it further enacted, That if the a- Conditions of this 

act. 

mount of stock for said rail 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 three, or if the said stock shall 
have been subscribed, the company organized and the 
location made as aforesaid, but said corporation shall 
fail to complete said rail road on or before the first 
day of January one thousand eight hundred and thir- 
ty-five, in either of the before mentioned cases this act 
shall be null and void. 

[Approved by the Governor, June 16, 1831.] 

CHAP. XXVIII. 

An Act to incorporate the Boston and Lowell 
Stage Company. 

Sec. 1. Ue it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That Joseph Bradley, Levi p~ •'»«°'"p°- 
Carter, Ira Frye, their associates, successors and as- 



60 BOST. AND LOW. STAGE CO. June 16, 1831 

signs, be, and they hereby are made a corporation, by 
the name of the Boston and Lowell Stage Company, 
for the purpose of conveying passengers between the 
city of Boston and the town of Lowell in the county 
of Middlesex, and for that purpose shall 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 powers and duties of manu- 
facturing corporations." 

Real and person- g^^^ 2. Be it further euucted, That said Compa- 
ny may lawfully hold such real estate, not exceeding 
the value of thirty thousand dollars, and personal es- 
tate not exceeding the value of fifty thousand dollars, 
as may be necessary for the purpose of carrying into 
effect the objects of this act. 

&to'carriages ^^0. 3. Bc H further enacted, That the name of 
said company shall be conspicuously affixed to all 
carriages which may be used by them, undei penalty 
often dollars for each and every day during which 
any of their carriages maybe employed for the trans- 
portation of passengers, without having their said 
name so affixed thereto, which penalty may be sued 
for and recovered in any court of competent jurisdic- 
tion, by the person who shall first sue for the same 
to his own use. 

Shall not ask Sec. 4. Be it further enacted. That said compa- 

more than five *^ *■ 

cents per mile, ny shall uot 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 com- 



BEEF AND PORK. June 16, 1831. 61 

mitted to them, their agents, or drivers, to be convey- 
ed on said route, or any part thereof. 

[Approved by the Governor, June 16, 1831.] 



CHAP. XXIX. 

An Act repealing part of, and making further addi- 
tions to an act entitled " An Act to regulate the 
Inspection of Beef and Pork, intended to be ex- 
ported from this Commonwealth." 

Sec. 1. 15E it enacted by the Senate and House 
of Repr esentatives, in General Court assembled, and 
by the authority of the same, That, from and after Beef, how to be 
the passing of this act, all beef which may be pack- 
ed or repacked for exportation, constituting the qua- 
lity denominated " Cargo No. 1. Beef,^^ shall be 
branded No. 1 Beef, all constituting the quality de- 
nominated " Cargo No. 2 Beef,''"' shall be branded 
Prime Beef, and all constituting the quality denomi- 
nated " Cargo No. 3 Beej,''^ shall be branded Cargo 
Beef 

Sec. 2. Be it further enacted, That, from and J'"'^''; ''°^ '° ^^ 

^ ^ ' ' branded. 

after the passing of this act, all pork which may be 
packed or repacked for exportation, constituting the 
quality denominated " Cargo No 1. Porlz,^"^ shall be 
branded No. 1 Pork, all constituting the quality 
denominated " Cargo No. 2 Pork,'''' shall be brand- 
ed Prime Pork, and all constituting the quality de- 
nominated " Cargo No 3 Pork,'''' shall be branded 
Cargo Pork. 

Sec. 3, Be it further enacted, That, from and Extra dear pork. 



62 BEEF AND PORK. June 16, 1831. 

after the passing of this act, it shall be lawful for 
the Inspector General, or his Deputy Inspectors, to 
pack and inspect, at the request of the owner or 
agent, a quality of pork to be denominated and brand- 
ed EXTRA CLEAR PORK, which shall be pack- 
ed, two hundred pounds to each barrel, and one hun- 
dred pounds to each half barrel, from well fatted 
hogs, weighing not less than three hundred pounds 
each, excluding heads, necks, shoulders, legs, the 
chine bone and spare ribs, the lean and blades from 
the backs of shoulders, and in all other respects to 
be packed and branded agreeably to the require- 
inents provided by law for other denominations of 
pork. 
Clear Pork. ^Ec. 4. Be it further enacted, That, from and af- 

ter the passing of this act, it shall be lawful for the 
Inspector General or his deputies, to pack and in- 
spect, at the request of the owner or agent, a quality 
of pork to be denominated and branded '•'• Clear 
Pork,^^ which shall be packed, two hundred pounds 
to each barrel, and one hundred pounds to each 
half barrel, from well fatted hogs, weighing not less 
than two hundred and fifty pounds each, excluding 
heads, necks, shoulders, legs, the chine bones, and 
spare ribs, the lean and blades from the backs of 
shoulders, and in all other respects to be packed 
and branded agreeably to the requirements provided 
by law for other denominations of pork. 

Sec. 5. Be it further enacted, That, from and 
after the passing of this act, it shall be lawful for 
the Inspector General or his deputies, to pack and 
inspect a quality of pork to be denominated and 
branded " Mess Pork,^^ which shall be packed, two 
hundred pounds to each barrel, and one hundred 
pounds to each half barrel, from well fatted hogs, 



Mess Pork 



BEEF AND PORK. June 16, 1831. Q2t 

weighing not less than two hundred pounds each, 
and excluding heads, necks, legs and shoulders, and 
in all other respects to be packed and branded 
agreeably to the requirements provided by law for 
other denominations of pork. 

Sec. 6. Be it further enacted. That, from and pork imported 
after the passing df this act, all beef and pork im- Lrbran-S' w*!?}, 
ported into this state, shall be branded with the JlLTXreu' 
name of the state or territory where the same was ^'^^ P^^^^^d. 
packed ; and that so much of an act, passed Februa- 
ry 23, 1826, entitled " An Act in addition to an act 
entitled " an act in addition to the several acts regu- 
lating the inspection of beef and pork intended to 
be exported from this Commonwealth," which re- 
quires beef and pork coming into this from other 
states, to be duly inspected in the state in which 
said beef and pork may have been packed, be, and 
is hereby repealed. 

Sec. 7. Be it further enacted, That all the rules, ^. .. . ,. 

*^ ' ' Fines altached to 

regulations, fees, fines and forfeitures, attached to *"^"!^''?^- 

*-" ' tended to this 

the several acts, regulating the inspection of beef '*^'- 
and pork intended to be exported from this Com- 
monwealth, be extended to this act. 

[Approved by the Governor, June 16, 1831.] 



64 RAND. BAP. CHURCH FUND. June 16, 1831. 



CHAP. XXX. 

An Act in addition to an act to incorporate the trus- 
tees of the First Baptist Ministerial Church Fund 
in Randolph. 

Sec. 1. i5E it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
Name changed, the authority of 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 sub- 
ject to all the duties and liabilities, and entitled to 
all the privileges contained in the act to which this 
is in addition. 
scciion of former ^Ec. 2. Be it further enacted, That the seventh 
act repealed. ggction of the act to which this is in addition be, 
and the same is hereby repealed. 

[Approved by the Governor, June 16, 1831.] 



SEC. PAR. IN LONGMEADOW. Mne 17, 1831. 65 



CHAP. XXXI. 

All Act to incorporate the Second Parish in Long- 
meadow. 

Sec. 1. xjE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That so much of the Pan ^o,mediiuo 
town of Longmeadow, as lies within the bounds 
hereinafter described, be, and the same hereby is 
formed into a separate parish, and shall be designat- 
ed by the name of the Second Parish in Longmea- 
dow, and shall be bounded as follows, viz : begin- 
ning at the north-east corner of said Longmeadow, Boundaries. 
thence running westerly upon the line between 
Springfield and Longmeadow, far enough to con- 
tain one half of the territory 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 Con- 
necticut 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 se- 
cond parish, and the first parish in said town, as 
herein defined, shall, at the expense of said second 
parish, within one year from the passage of this act, 
be accurately 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 parishes of the 
time and place of commencing said survey ; and the 
9 



66 SEC. PAR. IN LONGMEADOW. June 17, 1831. 

line so established by said survey, shall thereafter 
be the dividing line between said parishes, 
inhabiianis with- ^Ec. 2. Bc Ufurtker encictecl, That all the inha- 
irmiistore^re- bitants within the limits aforesaid shall be consider- 
k)ngingtos''ewnd cd as belonging to said second parish, and that all 
^^"^'' the property within said limits, both real and person- 

al, shall be considered, for all parochial purposes, 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 tow n ; and the said parish is hereby invested 
with all the powers, rights, privileges and immuni- 
ties, and subjected to all the liabilities of other par- 
ishes in this Commonwealth : provided however, 
that nothing herein contained shall prevent any per- 
son from becoming a member of any other religious 
society, agreeably to the existing laws of this Com- 
monwealth. 
First meeting. Sec. 3. Be it further enacted, That Joseph 
W. Cooley 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. 

[Approved by the Governor, June 17, 1831.] 



SALEM TURNPIKE. June 17, 1831. 67 



CHAP. XXXII. 

An Act to authorize the Salem Turnpike and Chel- 
sea Bridge Corporation to discontinue part of said 
Turnpike Road. 

Sec. 1. J3E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That the said corpo- Corporation to 

, ,, ,. 1-1 T ■• surrender part of 

ration be, and hereby is authorized to discontinue turnpike road. 
and surrender to the town of Charlestown, in the 
county of Middlesex, that part of the said Turnpike 
Road, which lies between Charlestown Square and 
the northwest corner of the Navy Yard at Wiley's 
Corner ; Provided however, that the said town of 
Charlestown shall, on or before the first day of Oc- 
tober 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 Charlestown Square to Wiley's corner, at the 
north-west corner of the Navy Yard, in good and 
sufficient repair, and shall forever hereafter 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 Chailestown, 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 sufficiently done and completed. 

Sec. 2. Be it further enacted, That nothing in Nothing in this 

•^ ^ ^ act to affect the 

this act shall affect the right of the corporation to rigiu of toil- 



68 CENTRAL COFFEE HOUSE. June 17, 1831, 

demand and receive the same tolls which they are 
now by law authorized to demand and receive. 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 tlie present entrance 
thereof by Charlestown Square. 

[Approved by the Governor, June 17, 1831.] 



CHAP. XXXIII. 

An Act to incorporate the Proprietors of the Cen- 
tral Coffee House in Hopkinton. 



Sec. 1. -OE it enacted hy the Senate and House 
of Representatives in General Court assembled, and 
Persons incor o- ^V ^^^ authority of the same, That Joseph Valentine, 
rated. Matthcw Mctcalf, Arba Thayer, Amaziah Claflin, 

John Gibson Jr., Aaron Fames, and such others as 
may 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 managing a 
house of public entertainment, and its appropriate 
appurtenances, in the town of Hopkinton ; and by 
that name may sue and be sued, defend and be de- 
fended, and may do and suffer such acts and things 
as other bodies corporate may do and suffer ; may 
have a seal, and may make and ordain such bj'-laws, 
rules and regulations, as to them may appear neces- 
sary and convenient for the government of said cor- 



CENTRAL COFFEE HOUSE. June 17, 1831. 69 

poration, and the prudent management of their af- 
fairs : provided^ that such bj-laws, rules and regula- 
tions be not repugnant to the constitution and laws 
of this Commonwealth. 

Sec. 2. Be it further enacted, That the said cor- House of enter- 
poration may be lawfully seized and possessed of 
such real and personal estate, as may be necessary 
and convenient for the purposes of keeping and main- 
taining a good and convenient house of public enter- 
tainment, and its appropriate appurtenances, near 
the Congregational 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. 

Sec. 3. Be it further enacted. That the propri- Number of 

•^ ' r r shares. 

etors, at any legal meeting, may determine the num- 
ber of shares said estate shall be divided into, and 
may afterwards increase the number of shares if ne- 
cessary, and may also determine the mode of trans- 
ferring the same, which shares shall be deemed per- 
sonal estate, and be subject to attachment and sale, 
in like manner as the shares of debtors in other incor- 
porated companies ; and said real and personal es- 
tate 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. 

Sec. 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 post- 
ing up notifications of the time and place of said 



70 CENTRAL COFFEE HOUSE. June 17, 1831. 

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. 
Contracts bind- gj.^.^ 5^ J5g ^i further enacted, That all cove- 

ing upon all the ^ 

stockholders. nauts, and contracts made by, and debts due from 
said corporation, shall be binding on one and all of 
the persons who shall be stockholders when such 
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, repealing 
this act, shall have the effect of vesting all the real 
and personal estate of said corporation in the indi- 
vidual members thereof, and their legal representa- 
tives, in the same proportions as they shall, at the 
time of such repeal, respectively hold the stock of 
said corporation. 

[Approved by the Governor, June 17, 1831.] 



Persons incorpo- 



TROY F. CHR. UNION SOC. June 17, 1831. 71 



CHAP. XXXIV. 

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

Sec. 1. JjE it enacted by the Senate and House 
of Representatives, in General Court assembled, 
and by the authority of the same. That Leonard 
Garfield, Philip S. Brown, King Dean, Arza Bisbee, raieZ 
Daniel Martin, Job Simmons, and Abel Tripp, to- 
gether 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 constitu- 
tion and laws of this Commonwealth. 

Sec. 2. Be it further enacted. That the said soci- Real and person- 
ety may hold by grant, gift, devise, purchase or oth- ^ ^*'^'®' 
erwise, and may manage and dispose of any person- 
al or real estate to any amount, not exceeding twen- 
ty thousand dollars, provided the income arising 
from said estate shall be appropriated exclusively to 
parochial purposes. 

Sec. 3. Be it further enacted. That at all the votes. 
meetings of the said society, every subscriber to the 
amount of twenty five dollars, and every pew-holder, 



Annual meeting. 



72 TROY F. CHR. UNION SOC. June 17, 1831. 

who shall be proprietor of one pew, and not exceed- 
ing 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. 

Sec. 4. Be it further enacted, That there shall 
be held an 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 re- 
gulations 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 powers, which under this 
act of incorporation the said society are entitled at 
any time to exercise. 

Sec. 5. Be it further enacted, That any three 
of the persons named in this act may call the first 
meeting of said society, by giving seven days notice 
in the Fall River Monitor, or some other paper 
printed in the said village, stating the time and place 
of holding the same. 

[Approved by the Governor, June 17, 1831.] 



First meeting. 



NEWTON INST. FOR SAV. June 17, 1831. 73 



CHAP. XXXV. 

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

Sec. 1. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That John Kenrick, Asa Persons incorpo- 
Cook, Seth Davis, Stephen Goodhue, William Jack- 
son, Amos Lyon, Joel Fuller, Henry Craft, Natha- 
niel 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 here- 
by incorporated into a body politic, by the name of 
the Institution for Savings in the town of Newton. 

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

Sec. 3. Be it further enacted, That all depo- ""^^ '° ^e used. 
sits of money received by said institution, shall be 
by them impioved to the best advantage, and be in- 
vested in such manner as best to promote the ob- 
jects of the institution ; and the income or profits 
thereof shall be by them divided among the persons 
making the said deposits, their executors, adminis- 
trators and assigns, in just proportion, with reason- 
able 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. 

10 



74 NEWTON INST. FOR SAV. Jime 17, 1831. 

Powers. gj,^^ 4_ ^g ^-^ further enacted, That the said 

corporation may hare a common seal, which they 
may alter and renew at pleasure ; that all deeds, 
conveyances, grants, covenants, contracts and agree- 
ments, 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. 

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

poration shall, at any legal meeting, have power to 
elect by ballot, any other person or persons, as mem- 
ber or members of said institution, and any member 
upon filing a written notice with the president there- 
of, three months prior, may, at any annual meeting 
of said corporation, withdraw and forever dissolve 
his connexion with the same. 

Place of meet. Sec. 6. Be it further cnacted, That the said cor- 

'"^- poration shall hereafter meet at Newton, some time 

in the month of January annually, and at such oth- 
er times as the corporation shall direct ; and any se- 
ven members of the corporation, the president, trea- 
surer, 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 pow- 
er to elect by ballot a president, and 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 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 performance of the duties of their 
office respectively. 



NEWTON INST. FOR SAV. June 17, 1831. 75 

Sec. 7. Beit further enacted, That the officers statement of af- 

•^ lairs, 

and agents of said mstitution 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 examined by them under oath concerning the 
same. 

Sec 8. Be it further eriacted, That the said cor- j3^,.i^„,g. 
poration shall have power to make by-laws for the 
more orderly managing of their concerns ; provided 
the same are not repugnant to the constitution and 
laws of this Commonw ealth. And the legislature 
may at any time make such further regulations for 
the government of the said institution, as they may 
deem expedient. 

Sec. 9. Be it further enacted, Tlmt any one of ^^^^^ ^^^'^^'"s- 
the persons 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 corpora- 
tion, at least ten days before the day of said meet- 
ing- 

[Approved by the Governor, June 17, 1831.] • 



76 TOWN OF DEDHAM. Jwrjc 17, 1831. 



CHAP. XXXVf. 

An Act to set off certain land from the town of 
Dedham, and annex the same to the town of 
Dorchester. 



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

Land setoff, tlw authority of the same, That the following des- 
cribed parcel of land situate wholly within the exte- 
rior 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 county, be, and the 
same is hereby set off from said town of Dedham, 

Descripiion. and rcanncxcd to said town of Dorchester : viz. a 
parcel of land containing twenty-eight acres, one 
quarter and twenty nine rods, now owned by Abel 
Kenney of said Dorchester, husbandman, and bound- 
ed southeasterly seven chains and six links, on land 
of the heirs of Calvin Howe, deceased ; southwest- 
erly fifty-five chains and fifty-four links, on land of 
said Kenney, and land of Samuel Paul ; northwest- 
erly seven chains and six links, on land of Samuel 
Paul, and Isaac Paul ; and northeasterly about fifty- 
six chains, partly on land called the Brewer lot, and 
partly on land of said Kenney. 

[Approved by the Governor, June 17, 1831.] 



PINE STREET CONG. SOC. June 17, 1831. 77 



CHAP. XXXVII. 

An Act to incorporate the Pine Street Congrega- 
tional Society. 

Sec. 1. J3E i7 enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Eliphalet Kim- persons incorpo- 
ball, Benjamin Perkins, Peleg Mann, Daniel Pres- '^^'^ ' 
cott, Cornelius Brig^s, Francis Batchelder, Willard 
Williams, Nathaniel W. Withington, Charles Mes- 
singer, I. P. Tappan, Thomas Lamson, William 
Carleton, N. D. Vose, Seth Thaxter, together with 
all those persons who are subscribers of stock, or 
who shall hereafter become proprietors of pews in 
the Pine Street Meetinghouse situated on the cor- 
ner of Pine and Washington streets, in the city of 
Boston, be, and hereby are incorporated as a reli- 
gious society, by the name of the Pine Street Con- 
gregational 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. 

Sec. 2. Be it further enacted, That said soci- Real and per- 
ety 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, 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 anuum. 



78 



PINE STREET CONG. SOC. June 17, 1831. 



Assessment on 
pews. 



Sy-laws. 



First meeting. 



Sec. 3. Be it further enacted, That the said soci- 
ety 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 soci- 
ety, all sums of money which shall hereafter be vot- 
ed 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 by " an act autho- 
rizing 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 eigh- 
teen. 

Sec. 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 ma- 
nagement of their affairs- as they may from time to 
time see fit ; provided the same be not repugnant to 
the constitution and laws of this Commonwealth. 

Sec. 5. 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 print- 
ed in the city of Boston, three several times, the 
last publication to be one week before the time of 
meeting. 



[Approved by the Governor, June 17, 1831.] 



CITY OF BOSTON. /mwc 17, 1831. 79 



CHAP. XXXVIII. 

An Act in further addition to an act entitled ''An Act 
establishing 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, That the time for the City 
Council of the City of Boston to meet in convention, co^nciiTo meet 
in order to determine the number of Representatives '" <^°»v«"*'°"^ 
which it may be expedient for said city to send to the 
General Court, shall be in the month of October, in- 
stead of May, in each year, any thing in the act to 
which this is in addition to the contrary notwith- 
standing. 

[Approved by the Governor, June 17, 1831.} 



80 SOUTH BOST. ASSOCIATION. June 17, 1831. 



CHAP. XXXIX. 

An Act to incorporate the South Boston Meeting 
and Market house Association. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
Persons incor o- ^^^^ authority of the same, That George C. Thach- 
ratedi gj.^ Joscph Harris, Jr., Ebenezer Stevens, and James 

Jackman, their associates, successors and assigns, 
be, and they hereby are made a corporation by the 
name of the South Boston Meeting and Market 
house Association, for the purpose of erecting, in 
that part of the city of Boston called South Boston, 
a building, to be used as a meeting-house and mar- 
ket house, and for other uses ; and by that name 
may sue and be sued, plead and be impleaded, ap- 
pear, 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 ma- 
nagement of their affairs, provided that such by-laws 
shall not be repugnant to the constitution or laws of 
this Commonwealth. 
Real and person- ^^^- ^' ^^ it further euacted, That the cor- 
al estate. poratiou hereby 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. 
First meeting. Sec. 3. Be it further enacted, That any one of 
the persons named in the first section of this act 
may call the first meeting of said association, and 



BOST. WROUGHT NAIL CO. June 17, 1831. 81 

fix the time and place of said meeting, by posting 
notifications thereof, in two or more public places in 
said South Boston, seven days at least before such 
intended meeting. 

[Approved by the Governor, June 17, 1831.] 



CHAP. XL. 

An Act to incorporate the Boston Wrought Nail 

Company. 

Sec. 1. ISE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Charles C. Star- Persons incorpo- 
buck, John H. Jenks, and such other persons as 
may become associated with them, their 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 purpose shall have all 
the powers and privileges, and shall be subject to all 
the duties and requirements contained in an act, 
passed on the 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." 

Sec. 2. Be it further enacted. That said corpo- Real and per- 

"^ sonal estate. 

ration may take and hold such real estate, not ex- 
ceeding in value the sum of seventy-five thousand 
dollars, and such personal estate, not exceeding in 
11 



82 NORWICH BRIDGE. June 18, 1831. 

value the like sum, as may be convenient and suita- 
ble for carrying on the business aforesaid. 

[Approved by the Governor, June 17, 1831.] 



CHAP. XLI. 

An Act relating to the erection of the Pitcher Great 
Bridge in Norwich. 

X>E it emacted by the Senate and House of 

Rejjreseiitatives, in General Court assembled, and by 

County commis- the authority of the same, That, whenever it shall be- 

sioners lo re- r ^ ^ r i n* 

build bridge, comc ncccssary, by reason oi the decay ot the Pit- 
cher Great Bridge, so called, over the main branch 
of the Agawam, or Westfield 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 
rebuilding 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 rebuild- 
ing the same shall not exceed the sum of six hun- 
dred dollars ; and provided also, that the expense of 
maintaining and supporting said Pitcher Great Bridge 
after the same shall have been rebuilt, shall be borne 
by said Norwich forever. 

[Approved by the Governor, June 18, 1831.] 



FIRST BAP. SOC. IN TROY. June 18, 1831. 83 



CHAP. XLIl. 

An Act to incorporate the First Baptist Society in 

Troy. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Asa P. French, persons incorpo- 
Eiioch 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 associates 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 sub- 
ject to all the duties and liabilities, to which parish- 
es and other religious societies are entitled and sub- 
jected, by the constitution and laws of this Com- 
monwealth. 

Sec. 2. Be it further enacted, That said society J^elfJJe.P®"*'""' 
may hold, by grant, gift, devise, purchase or other- 
wise, real and personal estate to any amount, not 
exceeding twenty thousand dollars, for the use of 
the said society. 

Sec. 3. Be it further enacted, That the said soci- Assessment on 

_ pews. 

ety, at any meeting duly called, may assess upon 
the pews in their meeting-house, such sums of mo- 
ney as may be necessary to defray the expenses of 
repairing the meeting house, and for other purposes 
incident to the authority given by this act ; and all 



FIRST BAP. SOC. IN TROY. Junt 18, 1831 



gleci lo pay as- 
sessmenls. 



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 
Pews ma be ^^ paid. And if any proprietor of any pew or pews 
on refis'lTor^n ^^^^^^ neglcct or rcfuse 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 time and place of sale, in wri- 
ting, posted on the meeting-house of the said socie- 
ty ; and the money arising from such sale, after first 
deducting the assessments due, and the expenses of 
sale and collection, the said treasurer shall pay over 
to said delinquent proprietor ; and said treasurer is 
authorized and empowered, upon the sale aforesaid, 
to execute and deliver a deed of conveyance to the 
purchaser thereof, which shall be valid in law. 

Sec. 4. Be it further enacted, That every oAvn- 
er of any pew or pews in said meeting-house shall 
be entitled, at all meetings of the said society for 
the purpose of making assessments as aforesaid, to 
one vote for every pew he shall own in said meet- 
ing-house, and shall, at all such meetings, be allow- 
ed to vote by proxy. 

Sec. 5. Be it further enacted, That any three 
of the persons named in this act may call the first 
meeting of said society, by giving three weeks pub- 
lic notice of the time and place of holding the same, 
in the newspaper printed in Troy, called the Fall 
River Monitor. 



Votesi 



First meeiinsr. 



[Approved by the Governor, June 18, 1831.] 



PETITIONS TO GEN. COURT. June 18, 1831. 85 



CHAP. XLIII. 

An Act regulating Notices of Petitions to be presen- 
ted to the Geireral Court. 

Sec. 1. iJE z7 eiiacted by the Senate and House 
of Representatives^in General Court assembled, and by 
the authority of the same, That notice of any petition !?o°ns7o '^e^rai 
to be presented to the General Court, at a future ses- *^°"'"'- 
sion thereof, which affects the rights or interests of 
individuals or corporations, may be given by serving 
such individuals and corporations with a true copy 
of such petition, at least twenty days before the com- 
mencement of such session, or by publishing a true 
copy of such petition, in some newspaper printed in 
the county where such individuals reside, and in which 
such corporations are established ; and if no newspa- 
per be there published, in some newspaper published 
in the City of Boston, three weeks successively, the 
last publication to be at least fourteen days before 
such Session of the General Court ; and the notices 
thus given shall have the same effect as notices given 
upon petitions presented to the General Court in pur- 
suance of an order thereof. 

Sec. 2. Be it further enacted, That the service Service of nou- 

/. . . 1 Mill- ^^^ ^^y ^^ 

or notice, m the manner prescribed by this act, may made by deputy 

be made by any Sheriff, Deputy Sheriff, Constable, 
Coroner, or private person, not a party to, nor in- 
terested in the petition to be served, and may be 
proved by the return of the officer, or by the affidavit 
of the person who shall make the service ; and the offi- 
cer who shall serve such notice shall be allowed and 
paid by the petitioners, four cents a mile for his actual 
travel in making the service, twelve cents a page for 



86 COURT OF C. PLEAS. June 18, 1831. 

each copy of the petition, and thirty cents for each 
service, and after service shall deliver the petition, 
w'\t]\ his return thereon, to the petitioners. 

[Approved by the Governor, June 18, 1831.] 



CHAP. XLIV. 

An Act to alter a term of the Court of Common Pleas 
for the County of Franklin. 

13 E it enacted by the Senate and House of 
Representatives, in General Court assembled, and 
Term altered, by the authority of the same. That the term of the 
Court of Common Pleas, which is by law now holden 
at Greenfield, within and for the County of Franklin, 
on the Tuesday of the week next after the fourth 
Tuesday of March, annually, shall hereafter be holden 
at said Greenfield, on the third Monday of March, an- 
nually. 

[Approved by the Governor, June 18, 1831.] 



GLOUCESTER LIGHTHOUSE. June 18, 183L 87 

CHAP. XLV. 

An Act to cede to the United States the jurisdiction 
of a site fc 
Gloucester. 



of a site for a Lighthouse on Eastern Point in 



Sec. L Sj'Ei it enacted by the Senate and House 
of Representatives, 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 Tractof land, 
necessary or convenient for the light-house and mo- 
nument authorized by Congress to be erected on 
Eastern Point, in the town of Gloucester, within 
this Commonwealth, and during the continuation, 
use and appropriation aforesaid, the jurisdiction of 
said tract of land, not exceeding the quantity of ten 
acres, shall be, and is hereby ceded to, and shall be 
in the United States, so long as it shall be used for 
the sole purpose of keeping a lighthouse, or erecting 
a monument, or for both of them thereon, and no 
longer, reserving to this Commonwealth concurrent 
jurisdiction with ihe United States in and over said 
land, so far, that all civil and criminal processes, is- 
sued 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. 

Sec. 2. Be it further enacted, That if the agent if agent and 
or person employed for the United States, and the cannot agree in 
owner or owners of such land, which shall be found plication may be 

J made to the court 

necessary and convenient for said lighthouse and of common pleas. 



88 GLOUCESTERLIGHTHOUSE. June 18, 1831. 

monument, cannot agree in a sale and purchase there- 
of, such agent or person employed may apply to the 
court of common pleas in the county of Essex, and 
iollule\\T\l the said court is hereby authorized and empowered 
aTpraised. '° ^ to causc the valuc of Said land, together with such 
damages as the owner or owners thereof may sus- 
tain, by the erection of said lighthouse or monument 
or both of them, to be appraised by a jury to be sum- 
moned 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 they shall find neces- 
sary and convenient for such lighthouse and monu- 
ment, and shall return their verdict to said court ; 
-• and in case the said court shEdl not then be in ses- 

sion, shall seal up their verdict, and deliver the same 
to the said sheriff or his deputy, who shall make re- 
turn thereof to said court, at the next term to be 
holden in and for 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 the county of Essex, to be received by the own- 
er 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. Provided, that all charges of 
such application and appraisement shall be paid by 
the United States. 

[Approved by the Governor, June 18, 1831.] 



BOSTON FREE BRIDGE. June 20, 1831. 89 



CHAP. XLVI. 

An Act in addition to an act establishing a Free 
Bridge in the city of Boston. 

-DE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That no part of the piers'^^^* ""^ 
wharves or piers, which the city of Boston is autho- 
rized 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. 

[Approved by the Governor, June 20, 1831.] 



12 



90 STATE OF MAINE. June 20, 1831. 



CHAP. XLVII. 

An Act to modify an act entitled " An act relating 
to the separation of the District of Maine from 
Massachusetts proper, and forming the same into 
a separate and independent State." 

Whereas the legislature of the state of Maine did, 
PreamMe. on the nineteenth day of February, in the year of 
our Lord one thousand eight hundred and thirty-one, 
pass an act entitled " an act to modify the terms 
and conditions of the act for separation," which act 
of the legislature of the state of Maine is in the fol- 
lowing words. " Section 1. Be it enacted by the 
Senate and House of Representatives, in Legisla- 
ture assembled, that the terms and conditions men- 
tioned in the act of the Commonwealth of Massa- 
chusetts, passed on the nineteenth day of June, in 
the year of our Lord one thousand eight hundred 
and nineteen, entitled, " an act relating to the sepa- 
ration of the District of Maine from Massachusetts 
proper, and forming the same into a separate and 
independent state," be, and they are so far modified 
or annulled, that the trustees of any ministerial or 
school fund, incorporated by the legislature of Mas- 
sachusetts in any town within this state, shall have, 
hold, and enjoy their powers and privileges, subject 
to be altered, restrained, extended or annulled by 
the legislature of Maine, with the consent of such 
trustees, and of the town for whose benefit such fund 
was established. Section 2. Be it further enacted, 
That the terms and conditions of the act aforesaid, 
be, and they are hereby so far modified or annulled, 
that the legislature of the state of Maine shall have 



STATE OF MAINE. June 20, 1831. 91 

the power to direct the income of any fund arising 
from the proceeds of the sale of land, required to be 
reserved for the benefit of the ministry, to be applied 
for the benefit of primary schools, in the town in 
which such land is situate, where the fee in such 
land has not already become vested in some particu- 
lar parish within such town, or in some individual. 
— And this act shall take effect and be in force, pro- 
vided the legislature of the Commonwealth of Mas- 
sachusetts shall give its consent thereto." And 
whereas the Governor of the state of Maine did, 
pursuant to a resolve of the legislature of that state, 
transmit to tlie Governor of this Commonwealth a 
copy of the aforesaid act, certified by the secretary 
of state for the state of Maine, with a request that 
the same might be laid before the legislature of Mas- 
sachusetts, which having been done, Therefore, 

Me it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That the act of the ^ci modified. 
Commonwealth of Massachusetts, passed on the 
nineteenth day of June, in the year of our Lord one 
thousand eight hundred and nineteen, entitled " An 
Act relating to the separation of the District of 
Maine from Massachusetts proper, and forming the 
same into an independent state," be so far modified, 
as to permit an exercise of legislation by the Govern- 
ment of the state of Maine, over the subject of min- 
isterial and school lands within its territorial juris- 
diction, granted or reserved for those purposes be- 
fore the separation of that state from the Common- 
wealth of Massachusetts, with the restrictions, and 
upon the conditions expressed in the aforesaid act of 
the legislature of Maine ; provided, that in all 



92 GRANITE RAILWAY CO. June 20, 1831. 

such cases the consent of the proprietor or proprie- 
tors of such lands shall be previously obtained. 

[Approved by the Governor, June 20, 1831.] 



CHAP. XLVIII. 

An Act in addition to an act entitled, " an act to 
incorporate the Granite Railway Company." 

Sec. 1. l^lt^ it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That the limitation 

Limitation re- i • , i • i i • • • i i • • 

pealed. expressed in the act to which this act is in addition, 

whereby the duration of said corporation is restrict- 
ed to forty years, be, and the same is hereby repeal- 
ed. 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. 

A .,1 ...„ Sec. 2. Be it further enacted. That if the an- 

Annual meeting. J ' 

nual 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, 



SUFFOLK IRON MANUF. /wwe 20, 1831. 93 

in such manner as the said members may have pro- 
vided for. 

[Approved by the Governor, June 20, 1831.] 



CHAP. XLIX. 

An Act to incorporate the Suffolk Iron Manufac- 
tory. 

Sec. 1. ijE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Robert P. Wil- Persons iucorpo- 
liams, and Charles Williams, 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 
Suffolk Iron Manufactory, for the purpose of manu- 
facturing 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 privi- 
leges, and shall be subject to all the duties and re- 
quirements, 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." 

Sec. 2. Be it further enacted, That the said cor- Real and per- 

«/ ' sonal estate. 

poration 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 suit- 



94 MODERATORS. June2\, 1831. 

able and convenient for carrying on the business 
aforesaid. 

[Approved by the Governor, June 20, 1831.] 



CHAP. L. 

An Act further providing for the choice of Modera- 
tors at meetings of towns, parishes, and religious 
societies. 

13 E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That whenever, at a 
Choice of mode- meeting of any town, parish, or religious society, 
there shall be a vacancy in the office of clerk, or the 
clerk shall not be present, the selectmen, parish 
committee, or the committee of such religious soci- 
ety, or, if there be no parish committee, then the 
parish assessors, shall preside in the choice of a mo- 
derator of such meetings, respectively, a record 
whereof, and, of his own election, shall be made by the 
clerk who shall afterwards be chosen. 



cators. 



[Approved by the Governor, June 21, 1831.] 



MILL DAM FOUNDRY. June 21, ISSl. 95 



CHAP. LL 

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

Sec. L JjE it enacted by the Senate and House 
of Representatives, in General Court assembled, 
and by the authority of the same, That William Persons incorpo- 
Lyman, Robert Ralston, Junior, and Edward Brooks, 
their associates, successors and assigns, be and they 
hereby are made a corporation, by the name of the 
Proprietors of the Mill Dam Foundry, fQr the pur- 
pose of manufacturing, in Iron and Wood, in Rox- 
bury 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 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 pow- 
ers and duties of manufacturing corporations." 

Sec. 2. Be it further eiiacted, That the capital Capital siock, 
stock of said corporation shall not exceed the sum 
of two hundred thousand 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 improvements that may be made there- 
on by the said corporation. 

[Approved by the Governor Juno 21, 1831.] 



96 



BOST. FIRE DEPART. 



June 21, 1831. 



CHAP. LII. 

An Act further in addition to an act establishing a 
Fire Department in the city of Boston. 



Appropriation 
of money for the 
relief of injured 
members. 



Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the City Council of the 
city of Boston shall have power and they are hereby 
authorized, whenever, and as often as they shall 
deem it expedient, to appropriate any sum or sums 
of money, in the way that may be judged by said 
Council most advisable, for the relief or indemnity 
of any member or members of the Fire Department 
who may sustain corporal injury, or contract sick- 
ness in the discharge of their duty, on the occasion 
of any fire or consequent thereon. 

[Approved by the Governor, June 21, 1831.] 



Excise to be 



EXCISE ACTS. yMwe21, 1831. 97 



CHAP. LIII. 

An Act ill addition to an act, entitled " An act to 
repeal all the existing excise acts and to provide 
for the expenses of justice in the several Counties." 

Sec. 1. 13 E it enacted hy the Senate and House 
of Representatives, in General Court assembled, and 
hy the authority of the same, That the excise duty 
required to be paid by the Clerk of the Court of iwemy doiiarsi 
Common Pleas for the County of Hampshire, on 
his appointment to that office, as directed by the 
fourth section of the act entitled, " an act to repeal 
all the existing excise acts, and to provide for the ex- 
penses of justice in the several counties," passed on 
the twenty-seventh day of February, in the year of 
our Lord seventeen hundred and ninety- six, shall 
hereafter be the sum of twenty dollars only, any 
thinir in the act to which this is in addition to the 
contrary notwithstanding. 

Sec. 2. Be it further enacted, That the treas- soiomon stod- 
urer of the county of Hampshire shall pay and refund ^^^^^ 
to Solomon Stoddard, Esq. Clerk of the Court of 
Common Pleas for said county, such sum, over and 
above the sum of twenty-dollars, as the said Stod- 
dard shall have paid as an excise duty, since his last 
appointment as such clerk, and the same shall be al- 
lowed to said treasurer on the settlement of his ac- 
count of excise duties received by him. 



[Approved by the Governor, June 21, 1831.] 



98 THEOLOGICAL EDUCATION. June 21, 1831. 



CHAP. LIV. 

An Act to incorporate the Society for promoting 
Theological Education. 

Sec. 1. -DE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
Persons incor o- ^^^ authority of the same, That William Sullivan, 
rated. Stephen Higginson, Leverett Saltonstall, George 

Bond, Francis Parkman, F.W. P. Greenwood, James 
Walker, Henry F. Baker, Gideon Barstow, Amos 
Lawrence, Samuel Whitwell, Abbott Lawrence, 
and their associates, now known and acting as a vol- 
untary association under the name of the Society for 
promoting Theological Education, wdth their suc- 
cessors, be, and they hereby are, incorporated and 
made a body politic under the name of the " Society 
for promoting Theological Education," for the pur- 
pose of assisting young men of competent talents, 
pure morals and piety- in preparing themselves for 
the Christian Ministry, and to promote Theological 
Education, with pow er to hold lands and other pro- 
perty for the purpose aforesaid, and the same to pur- 
chase or take by donation or bequest, Provided how- 
ever, 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. 
Annual meeting, Sec. 2. Be it further enacted, That there shall 
be an annual meeting of the society, for the choice 
of officers, and the transaction of such other busi- 
ness as may come before them, at such time, and of 
which such notice shall be given, as shall be estab- 
lished by the by-laws, to be holden at such place in 



THEOLOGICAL EDUCATION. June2]AS3\. 99 



Boston as the Directors hereinafter mentioned shall 
appoint. And at the said meeting shall be chosen 
by ballot, by the majority of the members present, 
not less than nine directors, who shall hold their offi- 
ces for one year, and until others are chosen in their 
stead, and they shall choose one of their own body to be 
president of the society, and two others to be res- 
pectively 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. 

Sec. 3. Be it further enacted^ That the said so- By-laws, 
ciety be and they hereby are authorized and empow- 
ered to make and ordain all needful rules, regulations 
and by-laws, for the government of their own pro- 
ceedings, for the admission of new members, for de- 
fining the duties and powers of their own officers, 
and generally for the care and management of all 
the affairs of the institution. 

Provided hoivever, That nothing in said rules, reg- Proviso, 
ulations and by-laws shall be repugnant to the con- 
stitution and laws of this Commonwealth, and pro- 
vided also, that no assent to the peculiarities of any 
denomination of Christians shall be required of the 
beneficiaries of said society, and that no discourage- 
ment be in any manner or form given to the serious, im- 
partial and unbiassed investigation of Christian truth. 

Sec. 4. Be it further enacted, That it shall be 
lawful for the present officers of the voluntary asso- 
ciation mentioned in 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. 

[Approved by the Governor, June 21, 183L] 



100 BOST AND TAUNT. R. ROAD. June 22, 1831. 



CHAP. LV. 

An Act to establish the Boston and Taunton 
Rail Road Company. 

Sec. 1. -OE it enacted by the Senate and House 

of Representatives, in General Court assembled, and 

by the authority of the same, That Cyrus Alger, Israel 

Persons incorpo- Thomdikc, Thomas H. Perkins, David Sears, Solo- 
rated. ' 

mon Willard, Nathan Hale, William Prescott, Sam- 
uel A. Eliot, James K. Mills, Amos Atkinson. Will- 
iam Rollins, Samuel Crocker, Charles Richmond, 
and Edmund Dvvight, their successors, associates 
and assigns be, and they hereby are made a body 
politic and corporate, under the name of the " Bos- 
ton and Taunton Rail Road Company," and by that 
name shall be, and hereby are made capable in law, 
to sue, and to be sued, to fmal judgment and execu- 
tion, plead and be impleaded, defend and be defend 
ed, 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 pow- 
ers, privileges and immunities, which are or may be 
necessary to carry into effect the purposes and ob- 
jects of this act, as herein after set forth. And the 
said Corporation are hereby authorized and empow- 
ered to locate, construct and finally complete a 
Rail Road, in such manner and form, as they shall 
deem expedient, at or near the 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 



BOST. AND TAUNT. R. ROAD. June 22, 1831. 101 

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, embank- 
ments, and stone and gravel, may take as much 
more land as may be necessary for the proper con- 
struction and security of said road. Provided how- 
ever^ 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. 

Sec. 2. Be it further enacted, That the capital capital siock. 
stock of said corporation shall consist of ten thou- 
sand shares, of one hundred dollars each ; and the 
immediate government and direction of the affairs 
of the said corporation shall be vested in five Di- 
rectors, who shall be chosen by the members of the 
corporation, in the manner hereinafter provided, 
and shall hold their offices until others shall be duly 
elected and qualified to take their place as Direc- 
tors ; and the said Directors, a majority of whom 
shall form a quorum for the transaction of business, 
shall elect one of their own number to be President 
of the board, who shall also be President of the cor- 
poration ; 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. 

Sec. 3. Be it further enacted, That the president Powers. 
and directors for the time being, are hereby author- 



102 BOST. AND TAUNT. R. ROAD. June 22, 1831. 



Powers. 



ized and empowered, by themselves, or their agents, 
to exercise all the powers herein granted to the cor- 
poration, 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 pro- 
gress of the work, and direct the same to be paid to 
the treasurer of the corporation. And the treas- 
urer shall give notice of all such assessments. And 
in case any subscriber shall neglect to pay his as- 
sessment, 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 
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 overplus, if 
his share or shares shall sell for more than the as- 
sessments 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. 
By-laws. Sec. 4. Be it further enacted, That the said cor- 

poration shall have power to make, ordain, and es- 



BOST. AND TAUNT. R. ROAD. June 22, 1831. 103 

tablish all such by-laws, rules, regulations, and ordi- 
nances, 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 ordering, regulating, and securing the interests 
and affairs of the corporation ; Provided, the same 
be not repugnant to the constitution and laws of the 
Commonwealth. 

Sec. 5. Be it further enacted, That a toll be, and 
hereby is granted and established for the sole benefit toii. 
of said corporation, upon all passengers and proper- 
ty of all descriptions which may be conveyed or trans- 
ported 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 transporta- 
tion 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 ; 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 over- 
plus 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 



104 BOST. AND TAUNT. R. ROAD. June 22, 1831. 

every four years thereafter, the same proceedings 
may be had. 

^^uty of direct- Sec. 6. Be it further encictecl, That the directors 
of said corporation for the time being are hereby 
authorized to erect toll houses, establish gates, ap- 
point toll gatherers, and demand toll, upon the road, 
when completed, and upon such parts thereof as 
shall from time to time be completed, and they shall, 
from year to year, make a report to the Secre- 
tary 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 
corporation shall at all times be open to the in- 
spection of any committee of the Legislature ap- 
pointed for that purpose. 

Damages. g^^^ ^^ jg^ it further euctcted, That the said cor- 

poration shall be holden to pay all damages that 
may arise to any person or persons, corporation or 
corporations, by taking their 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 dam- 
ages happening by the laying out of highways. 

Person non com- ggc, 8. Be it further enacted, That when the 

pos menus. ^ 

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 
guardian 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. 

Sec. 9. Be it further enacted, That if any per- 
son shall wilfully, maliciously, or wantonly, and 



BOST. AND TAUNT. R. ROAD. June 22, 1831. 105 

contrary to law, obstruct the passage of any car- 
riaffe on said Rail Road, or in any manner spoil, 

• • 1 • 1 o -I o 1 1 Fine for obslruc- 

injure or destroy said Kail noad, or any part there- iing the passage 

. . of carriages. 

ot, 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 da- 
mages 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 oflicer, 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 Com- 
mon Pleas, to be holden in said county, shall pay 
a fine not exceeding one hundred dollars and not 
less than thirty dollars, to the use of the Common- 
wealth, or may be imprisoned for a term not ex- 
ceeding one year, at the discretion of the Court 
before whom the conviction may be had. 

Sec. 10. Be it furlher enacted, That the annual Annual meeiing. 
meeting of the members of said corporation shall 
be holden on the first Wednesday of January, at 
such time and place as the directors lor the time 
being shall appoint, at which meeting five directors 
shall be chosen by ballot, each proprietor being en- 
titled to as many votes as he holds shares ; provi- 
ded, they do not amount to more than one fourth 
part of the whole number. And the three persons 
14 



106 



BOST. AND TAUNT. R. ROAD. Jnne1% 1831. 



If rail road, in 
its passage, cross 
any privaie wa^- 
fitc. how to be 
framed. 



Alteration. 



first named in this act, or any two of them, are 
hereby authorized to call the meeting of said cor- 
poration, by giving notice in the Daily Advertiser 
published in Boston, and the Columbian Reporter 
published in Taunton, of the time, place and pur- 
pose of such meeting, at least ten days before the 
time mentioned in such notice. 

Sec. 11. Be it further enacted, lliat if the said 
Rail Road, in the course thereof, shall cross any pri- 
vate way, the said corporation shall so construct 
said Rail Road as not to obstruct the safe and con- 
venient use of said private way ; and if said Rail 
Road shall not be so constructed, the party aggriev- 
ed 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 corpor- 
ation shall have the power to laise or lower such 
turnpike, highway, or private way, so that the said 
Rail Road, if necessary, may convienienily pass over 
or under the same. And if said corporation shall 
raise or lower any such turn[)ike, highway, or pri- 
vate way, pursuant thereto, and shall not so lower 
or raise the same, as to be satisfactory to the pro- 
prietors 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 proprie- 
tors or selectmen may require in writing of said 
corporation, such alteration or amendment as they 
may think neces.'r^ary. And if the required altera- 
tion or amendment in the written opinion of the 



BOST. AND TAUNT. R. ROAD. June 22, 1831. 107 

County Commissioners of tlie county where such 
alteration or amendment is proposed be reasonable 
and proper, and the said corporation shall unne- 
cessarily 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 al- 
teration or amendments, with costs of suit. 

Sec. 12. Be it further enacted, That no other Jladt^bemade. 
Rail Road than the one hereby granted, shall, within 
thirty years from and after the passing of this act, 
be authorized to be made, leading from Boston, 
Roxbury, gr Dorchester, to Taunton, or from Bos- 
ton, Roxbury, or Dorchester, to anyplace within 
five miles of the point where the Rail Road hereby 
authorized to be made shall meet ihe 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 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 Taunton 
Rail Road Corporation, by virtue of the fifth sec- 
tion 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 open- 
ing for use of the Rail Road herein provided to be 



108 BOST. AND TAUNT. R. ROAD. June 22, 1831. 

made, to purchase of tlie 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 the said 
Rail Road, and the expenses of repairs, and all 
other expenses relating thereto, with interest there- 
on at the rate of ten per cent, per annum, deduc- 
ting 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 limitation provided in this 
section shall cease, and be of no effect. 

Sec. 13. Be it further enacted, That, if the amount 

Condition* of , •, t-. i i ii 

this aci. of Stock for said Ran Road shall not have been sub- 

scribed, the company organized, and the location 
of the route filed with the County Commissioners 
of the Counties of Norfolk and Bristol, previous 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 com- 
pany 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 Janu- 
ary, one thousand eight hundred and thirty-six, in 
either of the before mentioned cases, this act shall 
be null and void, otherwise shall remain in full force 
until the Legislature shall purchase said Rail Road 
as aforesaid. 

Sec. 14. Be it further enacted, That said Rail 

Bridges. Road Company shall constantly maintain, in good 

repair, all bridges, with their abutments and em- 
bankments, which they may construct for the pur- 
pose of passing their Rail Road over any canal, 



BOST. AND PROV. R. ROAD. June 22, 1851. 109 

turnpike, or other highway, or any private way ; or 
of passing such private way, turnpike, or other 
highway, over said Rail Road. 

Sec. 15. Be it further enacted., That nothing con- Newbridge. 
tained 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. 

Sec. 16. Be it further enacted, That the general EstaWishmeniof 

*J ' ^ souinern Icrmi- 

location and southern terminus of said Rail Road ""=* 
shall be fixed and established by three Commission- 
ers to be appointed by the Governor 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 pro- 
mote the public interest. 

[Approved by the Governor, June 22, 1831.] 



CHAP. LVI. 

An Act to incorporate the Boston and Providence 
Rail-Road Corporation. 

Sec. 1. Be it e?iacted by the Senate arid House of 
Representatives, i?i General Court assembled, and by 
the authority of the same, That John Bryant, Jo- 

1 TIT T-. /^ TT 11 1 r» • • -r. Persons incorpo- 

seph W. Revere, George Hallet, and Benjamm R. raied. 
Nichols, their associates, successors, and assigns be 
and they hereby are made a body politic and corpor- 
ate, under the name of the " Boston and Providence 
Rail-Road Corporation," and by that name shall be, 



110 BOST. AND PROV. R.ROAD. June 22,IQS1. 

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 
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 hereinafter 
Location, con- sct forth. And the said corporation are hereby au- 
co.npietion"of thorizcd and empowered to locate, construct and fin- 
ally complete a Rail-Road beginning at or near the 
city of Boston, and thence to the line of this Com- 
monwealth in Pawtucket or Seekonk, in the direc- 
tion 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 obtaining s,tone and 
gravel, may take as much more land as may be ne- 
cessary 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 pur- 
pose aforesaid, shall be paid for by said corporation 
in the manner hereinafter provided. 
Capital stock. g^^.^ Q. 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 cor- 
poration shall be vested in five directors, who shall 
be chosen by the members of the corporation in the 
manner hereinafter provided, M'ho shall hold their 
offices for one year, and until others shall be duly 



BOST. AND PROV. R. ROAD. June 22, 1831. Ill 

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 Corpora- 
tion, and said directors shall have authority to choose 
a clerk, who shall l)e 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 
satisfaction of the directors, in a sum not less than 
twenty thousand dollars, for the faithful discharge of 
his trust. 

Sec. 3. Be it further enaeted, That the presi- p°^^'^"^ 
dent and directors for the time being are hereby au- 
thorized and empowered, by themselves or their 
agents, to exercise all the powers herein granted to 
the corporation, for the purpose of locating, construc- 
ting 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 nanie 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 progress and execu- 
tion 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 g/eato pa^as- 
case any subscriber shall neglect to pay his assess- 
ment 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 pub- 
lic auction, after giving due notice thereof, to the 



scs^ineuts. 



112 BOST. AND PROV. R. ROAD. June 22, 1831. 

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 
cost of sale ; and shall be entitled to the overplus, if 
his share or shares shall sell for more than the as- 
sessments due, with the interest and cost of sale. 
Provided however^ That no assessment shall be laid 
upon anj shares in said corporation, of a greater 
amount in the whole than one hundred dollars on 
each share. 

By-laws. Sec. 4. Be it further enacted, That the said cor- 

poration shall have power to make, ordain and es- 
tablish all such by-laws, rules, regulations and ordi- 
nances 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 
ordering, regulating, and securing the interests and 
affairs of the corporation : Provided the same be 
not repugnant to the constitution and laws of the 
Commonwealth. 

Sec. 3. Be it further enacted, That a toll be, 

'^'°"- and hereby is granted and established, for the sole 

benefit of said corporation, on all passengers and pro- 
perty of all descriptions, which may be conveyed or 
transported upon said road, at such rates per mile as 
may be agreed upon and established, from time to 
time, by the directors of said corporation. The trans- 
portation 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 rela- 
tion to the use of said road, shall be in conformity to 
such rules, regulations, and provisions, as the direc- 
tors shall, from time to time, prescribe and direct ; 



BOST. AND PROV. R. ROAD. June 22, 1831. 113 

and said road may be used by any person who may 
comply with such rules and regulations : Provided 
however, that if at the expiration of four years from 
and after the completion of said road the net in- 
come 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 ex- 
piration of every four years thereafter the same pro- 
ceedings may be had, and the rate of tolls may be 
raised, in case the net receipts shall have been less 
than ten per cent, during the preceding four years. 

Sec. 6. Be it further enacted, That the direc- Toii-housag 
tors of said corporation for the time being are hereby s^'**^''^'=' 
authorized to erect toll houses, establish gates, ap- 
point toll gatherers, and demand toll, upon the road 
when completed, and upon such parts thereof as 
shall from time to time be completed ; and they 
shall, from year to year, make a report to the Legis- 
lature 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- Books to be 

A _ open for inspec- 

spection of any committee of the Legislature ap- ''°°- 
pointed 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 of the Common- 
wealth, a sum not exceeding ten thousand dollars, 
to be recovered by action or indictment, in any Court 
of competent jurisdiction. 

15 



114 BOST. AND PROV. R. ROAD. June 22, 1831 . 

Sec. 7. Be it further enacted, That the said 
corporation shall be holdeii to paj 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 provi- 
ded by law for the recovery of damages happening 
by the laying out of highways. 

Married womem Sec. 8. Be it further etutcted, That when the 
lands or other property or estate of any married wo- 
man, 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 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 

Forfeitnre for own right respectively. 

dourorw^nUn Sec. 9. Be it fwther enacted, That if any per- 

ra^^oacT," ° SOU shall wilfully, maliciously, or wantonly, and con- 
trary 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 be- 
longing 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 per- 
sons, 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 be- 
fore 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 cor- 
poration. And such offender or offenders shall be 
liable to indictment by the grand inquest for the 



BOST. AND PROV. R. ROAD. June 22, 1831. 115 

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. 

Sec. 10. Be it further enacted, That the annu- Annual meeting 
al meeting of the members of said corporation shall 
be holden on the first Wednesday of January, at such 
time and place as the directors for the time being 
shall appoint ; at which meeting five directors 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 authorized 
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 meeting, at least ten days before the 
time mentioned in such notice. 

Sec. 11. Be it further enacted, That if the said Consiruciion of 
Rail Road, in the course thereof, shall cross any pri- u cross any high- 

. way, &c. 

vate way, the said corporation shall so construct said 
Rail Road as not to obstruct the 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, turnpike, or oth- 
er highway, the said Rail Road shall be so construe- 



116 BOST. AND PROV. R. ROAD. June 22, 1831. 

ted as not to impede or obstruct the safe and con- 
venient use of such canal, turnpike, or other high- 
May iiave the -wav. And the said corporation shall have the pow- 

Powerof raising J J- -i _ 

"ike Tc"* '"'"* erto raise or lower such turnpike, highway, or pri- 
vate 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 turn- 
pike, highway, or j)rivate 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 or towns in which said high- 
way or private way may be situated, 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 a majority of the 
commissionersof the county in which such amendment 
or alteration shall be required and the said corpora- 
tion 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 
indemnity in damages, for all charges, disbursements, 
labor, and services occasioned by making such alter- 
ation or amendment, with costs of suit. 

„ . ., Sec. 12. Be it further enacted, That no other 

No olher rail «/ ' 

road 10 be made, j^^il Road, than the ouc hereby granted, shall, with- 
in 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 : 



Proviso. 



BOST. AND PROV. R. ROAD. June 22, 1831. 117 

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 complying 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, alter the expiration of twenty years from 
the opening for use of the Rail Road herein provi- 
ded 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 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 there- 
on at the rate of ten per cent, per annum, deduc- 
ting 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 limitation provided in this section shall 
cease, and be of no effect. 

Sec. 13. Be it further enacted, That if the 
stock shall not have been subscribed for, the com- 
pany organized, and location of the route filed with u,"s"tcr' *"' 
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 January, 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 loca- 



118 BOST AND ONTAR. R. ROAD. /«me22,1831. 

tion 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 cases, this act shall be void, and of no ef- 
fect, otherwise shall remain in full force until the 
Commonwealth shall purchase said Rail Road as 
aforesaid. 

Bridges. gj,^._ 14. _Be it further enacted, That said Rail 

Road company shall constantly maintain, in good re- 
pair, all bridges, with their abutments and embank- 
ments, which they may construct for the purpose of 
passing their Rail Road over any canal, turnpike or 
other high way, or private way ; or of passing such 
private way, turnpike or other highway, over said 
Rail Road. 

Newbridge. Sec. 1 5. Be it further euacted, T\\?itnot\\mg coxi- 

tained in this act shall be so construed as giving au- 
thority to erect a new bridge over the waters of Bos- 
ton harbor, or of placing any obstruction therein. 

[Approved by the Governor, June 22, 1831.] 



CHAP. LVII. 

An Act to establish the Boston and Ontario Rail 
Road Corporation. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
Persons ' ^^^ authority of the same. That William Sturgis, 

rated. Amos Binucy, Henry Williams, George Bond, Sa- 

muel Whitwell, Luther Faulkner, Henry H. Fuller, 



BOST. AND ONTAR. R. ROAD. June'2% 1831. 119 

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. Sew- 
all, 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 associ- 
ates, successors and assigns, be, and they hereby 
are made a body politic and corporate, under the 
name of the " Boston and Ontario Rail Road Cor- 
poration," 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 implead- 
ed, defend and be defended, in any court of record, 
or in any other place whatever ; to make, have and 
use a common seal, and the same to break, renew or 
alter at pleasure ; and shall be, and hereby are vest- 
ed 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 hereinafter 
set forth. And the said corporation are hereby au- powers and pru 
thorized and empowered to locate, construct, and ^''^5^^- 
finally complete a rail road, beginning at any point 
in or near the town of Lowell, in the county of Mid- 
dlesex, and running thence to the northeily or wes- 
terly 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 exceeding 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 



Capital slock. 



120 BOST. AND ONTAR. R. ROAD. June22, 1851. 

proper construction and security ot said road. Pro- 
vided however, that all damages that may be occa- 
sioned to any person or corporation, by the taking 
of such land or materials for the purposes aforesaid, 
shall be paid for by said corporation in the manner 
hereinafter provided. 

Sec. 2. Be it further enacted, That the capital 
stock of said corporation shall consist of four thou- 
sand 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 directors, 
who shall be chosen by the members of the corpora- 
tion 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 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 w ith sureties to the satisfaction of the 
directors, in a sum not less than twenty thousand 
dollars, for the faithful discharge of his trust. 
Powers: Sec. 3. Bs it further enacted, That the presi- 

dent and directors for the time being are hereby au- 
thorized and empowered, by themselves or their 
agents, to exercise all the powers herein granted to 
the corporation, for the 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 pro- 



BOST. AND ONTAR. R. ROAD. /wwe22, 1831, 121 

per 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 corpora- 
tion, for the use of said road, and for the transporta- 
tion of persons, goods and merchandise ; to make 
such equal assessments, from time to time, on all 
the shares in said corporation, as they may deem ex- 
pedient 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 
ffive notice of all such assessments. And in case in case of ne- 

^ _ _ gleet to pay as- 

any subscriber shall neglect to pay his assessment sessmems. 
for the space of thirty days after due notice by the 
treasurer of said corporation, the directors may or- 
der 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 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 assess- 
ments 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. 

Sec. 4. Be it further enacted, That the said cor- By-laws 
poration shall have power to make, ordain and esta- 
blish all such by-laws, rules, regulations and ordinan- 
ces, 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 
ordering, regulating, and securing the interests and 

16 



Toll 



122 BOST. AND ONTAR. R. ROAD. June 22, 1831. 

affairs of the corporation : provided the same be not 
repugnant to the constitution and laws of the Com- 
monwealth. 

Sec. 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 convey- 
ed or transported upon said road, at such rates per 
mile as may be agreed-upon and established, from 
time to time, by the directors of said corporation. 
The transportation of persons and property, the con- 
struction 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 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 ten 
years from and after the completion of said road, the 
net income or receipts from tolls, and other profits, 
taking the ten years aforesaid as the basis of calcula- 
tion, shall have amounted to more than ten per cent, 
per annum, upon the cost of the road, then the leg- 
Rate of (oii may isUiturc 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, calculat- 
ing the amount of transportation upon the road to be 
the same as the ten preceding years ; and at the ex- 
piration 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. 



BOST. AND ONTAR. R. ROAD. June 22, 1831. 123 

Sec. 6. Be it further enacted, That the directors 
of said corporation for the time being are hereby au- 
thorized to erect toll houses, establish gates, ap- 
point toll-gatherers, and demand toll, upon the road 
when completed, and upon such parts thereof as 
shall from time to time be completed ; and they 
shall from year to year make a report to the legisla- 
ture, 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 appoint- 
ed for that purpose ; and if said corporation shall un- 
reasonably neglect or refuse to make such leport, 
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 Common- 
wealth, a sum not exceeding ten thousand dollars, 
to be recovered by action or indictment, in any 
court of competent jurisdiction. 

Sec. 7. Be it further enacted, That the said oamagti. 
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 provid- 
ed by law, for the recovery of damages happening 
by the laying out of highways. 

Sec. 8. Be it further enacted, That when the ^on compos 

J ^ menus. 

lands or other property or estate of any femme co- 
vert, 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 re- 
lease all damages for any land or estates, taken and 
appropriated as aforesaid, as they might do if the 



124 BOST. AND ONTAR. R. ROAD. June 22, 1 83 1 . 

same were holden by them in their own right res- 
pectively. 
Forfeiture for Sec. 9. Be it furtlier enacted, That if any person 

dourorwrtt' shall wilfully, maliciously, or wantonly, and contra- 

ton fl'^siruclioii i i i r ' 

of rail road. ry to law, obstruct the passage ot any carnage on 
said rail road, or in any way spoil, injure or destroy 
said rail road, or any part thereo^f, or any thing be- 
longing 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, as- 
sisting, aiding, or abetting in such trespass, shall for- 
feit and pay to said corporation, for every such of- 
fence^ treble such damages as shall be proved be- 
fore the justice, court, or jury, before whom the 
trial shall be had ; to be sued for and recovered be- 
fore 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 cor- 
poration. 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 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 [meeting. Sec. 10. Bc It further enactsd, That the annu- 
al 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 be- 
ing shall appoint ; at which meeting, the directors 
shall be chosen by ballot, each proprietor being en- 



BOST. AND ONTAR. R. ROAD. June 2% 1831. 125 

titled to as many votes as he holds shares. Pro- 
vided, 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 oi them, are 
hereby authorized to call the first meeting of said 
corporation, by giving notice in the Daily Adverti- 
ser, j;ublished in Boston, and the Lowell Journal, 
published in Lowell, of the time, place, and pur- 
pose of such meeting, at least ten days before the 
time mentioned in such notice. 

Sec. It. Be it further enacted, That if the said irmii mad, in 
Rail Road, should in the course thereof cross any 'a,V'pvf'ewa>-, 

, . , . Ill ^^'- how lo be 

private way, the said corporation shall so construct iramud. 
said Rail Road as not to obstruct the safe and con- 
venient use of such private way, and if said Rail 
Road shall not be so constructed, the party aggriev- 
ed shall be entitled to his action on the case in any 
court proper to try the same, and shall recover reas- 
onable 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 low er any such turn- 
pike, 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 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 



126 BOST. AND ONTAR. R. ROAD. June 22, 1831. 

as thej may think necessary; and if the required 
amendment or alteration be reasonable and proper 
in the written opinion of" the County Commission- 
ers for the County in which such alteration or 
amendment shall be required, and the, said corpora- 
tion shall unnecessarily and unreasonably neglect to 
make the same, such proprietors or selectmen, as 
the case may be, may pro( eed to make such altera- 
tion or amendment, and may institute and prosecute 
to final judgment and execution, in any court pro- 
per to try the same, any action of the case against 
said corporation, and shall therein recover a reasona- 
ble indemnity in damages, for all charges, disburse- 
ments, labor, and services occasioned by making 
such alteration or amendments, with costs of suit. 

Corporation mav Sec. 12. Be it further enacted, That said Bos- 
use the Hosioii 1/^ • It 'I rt i • iiii 

and Loweii rd:i tou and Untario Hail Koad corporation shall have a 
right to enter upon and use the Rail Road hereafter 
to be constructed by the Boston and Lowell Rail 
Road corporation, 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 Boston and Lowell Rail 
Road corporation, agreeably to the act incorporating 
the same. 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, lea- 
ding from said Low ell, 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. 

Powers. Sec. 13. Be it further enacted, That the said 

Boston and Ontario Rail Road corporation shall 
have full power and authority to extend the said 
Rail Road from the line of this Commonwealth, with- 



BOST. AND ONTAR. R. ROAD. June 22, 1831. 127 

in and through the States of New Hampshire, Ver- 
mont and New Yoik, 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 pow- 
er and authority 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 ex- 
tend said Rail Road, the capital stock of said cor- 
poration may be increased and enlarged by new 
shares, so far as may be necessary to defray the ex- 
pense of so extending said Rail Road through said 
States, or either of them, and other charges and ex- 
penses incident thereto. 

Sec. 14. Be it further enacted, That the Presi- special meetings. 
dent and Directors may call special meetings of the 
stockholders for such purposes, and at such times 
and places, as they may judge expedient, giving no- 
tice thereof in such manner as the corporation, by 
their by laws, shall prescribe, at least ten days pre- 
viously to the time of said meeting. And assess- 
ments may be laid and collected upon such shares as 
are subscribed for, at any time before the whole 
stock and shares shall be subscribed for and taken 
up. 

Sec 15. Be it further enacted. That if said cor- 9 " '^'"'"' ''^^ 

-' _ ihis act. 

poration shall not have been organized, and the lo- 
cation of the route of said Kail Road filed with the 
County Commissioners for the County of Middle- 
sex, previously to the first day of September, in the 
year of our Lord one thousand eight hundred and 



128 TAUNTON MAN. CO. June 22, 1831. 

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 thou- 
sand eight hundred and thirty six ; in either of said 
cases this Act shall be null and void. 
Bridges. Sec. 16. Be it further enacted, That said Rail 

Road company shall constantly maintain, in good 
repair, all bridges, with their abutments and em- 
bankments, which they may construct for the pur- 
pose of passing their Rail Road over any canal, turn- 
pike or other highway, or any private way ; or for 
passing such private way, turnpike, or other high- 
way, over said Rail Road. 

[Approved by the Governor, June 22, 1831.] 



CHAP. LVIII. 

An Act in addition to an act to establish the 
Taunton Manufacturing Company. 

Sec. 1. JlSe it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That it shall be law- 
ful for the Taunton Manufacturing Company to 
carry on the business of bleaching and of print- 
ing cottons, muslins and silks, and also to hold 
real estate, not exceeding the value of two hun- 
dred thousand dollars, and personal estate not ex- 
ceeding: two hundred thousand dollars, in addition 
to the estate of which they are now permitted 
by law to be seized and possessed. 



Bleaching. 



[Approved by the Governor, June 22, 1831.] 



NEW ENG. IRON WORKS. June 22, 1831. 129 

CHAP. LIX. 

An Act concerning conveyances of Pews. 

J3E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That all deeds and pewl!'''^"^^^" 
conveyances of pews, and all executions, and the 
returns thereon, which may be levied on pews or 
rights of seat, in any house of public worship owned 
by any parish, or legally organized religious society, 
or by any incorporated proprietors, may be register- 
ed in the records of such society or proprietors, re- 
spectively, by the clerks thereof, and such clerks 
shall be entitled to the same compensation for 
registering such deeds, that now is, or hereafter 
may be by law allowed to registers of deeds and 
town clerks for the same service. 

[Approved by the Governor, June 22, 1831.] 



CHAP. LX. 

An Act to incorporate the New England Iron 
Works. 

Sec. 1 . Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That Moses Whiting, p^^^^^^ incorpo- 
and Lincoln Newton second, together with such ''^^^'^• 
other persons as may become associates with them, 

17 



130 NEW ENG. IRON WORKS. /zme 22, 1831. 

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 manufactu- 
ring and working iron, steel, and other metals and ma- 
chinery, and using and improving the same, and car- 
rying on the business thereof at Boston, in the coun- 
ty of Suffolk, 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 
an act, passed on the twenty-third day of February, 
in the year of our Lord, one thousand eight hun- 
dred and thirty, entitled " an act defining the gene- 
ral powers and duties of manufacturing corpora- 
tions." 
^ , , Sec. 2. Be it further enacted. That said corpo- 

Real and per- ^ ' '- 

sonai esiatei ration may take and hold such real estate, not ex- 
ceeding in value the sum of one hundred thousand 
dollars, and such personal estate, not exceeding in 
value two hundred thousand dollars, as may be suit- 
able and convenient for carrying on the business and 
manufacture aforesaid, 

[Approved by the Governor, June 22, 1831.] 



BOS T. PORCELAIN COMP. Jmie 22, 1831. 131 



CHAP. LXI. 

An Act to incorporate the Boston Porcelain Com- 
pany. 

Sec. 1. J3E it enacted bij the Senate and House 
of Representatives, in General Court assembled, and 
by the authoritii of the same, That Willard Badger 

, . '^ Persons incorpO' 

and Augustus H. Fiske, together with such other per- rated. 
sons as may become associates with them, their 
successors and assigns, be and they hereby are created 
a body corporate, by the name of the Boston Porce- 
lain Company ; for the purpose of working and man- 
ufacturing porcelain, bricks, pottery or earthern ware, 
and machinery, and improving the same, and carry- 
ing on the business thereof, at Boston, in the county 
of Suffolk, 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 an act passed on the twenty third day of Febru- 
ary, in the year of our Lord one thousand eight hun- 
dred and thirtj, entitled "an act defining the gener- 
al powers and duties of manufacturing cmporations." 
Sec. 2. Be it further enacted, That said Cor- 
poration may take and hold such real estate, not ex- ai^estat'e.^*'^***'* 
ceeding in value the sum of one hundred thousand 
dollars, and such personal estate, not exceeding in 
value two hundred thousand dollars, as may be suita- 
ble and convenient for carrying on the business and 
manufacture aforesaid. 

[Approved by the Governor, June 22, 1831.] 



132 CRIMINAL JURISDICTION. June 22,1831 



CHAP. LXIl. 

An act postponing the time when " An act to give 
criminal jurisdiction, except in capital cases, to 
the Court of Common Pleas," shall take effect. 

Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
When to operate, the authority of the same, That the provisions of " an 
act to give criminal jurisdiction, except in capital 
cases, to the court of Common Pleas," passed on the 
eighteenth day of March, in the year of our Lord one 
thousand eight hundred and thirty-one, shall take 
effect on the first day of April next and not sooner. 

[Approved l)y the Governor, June 22, 1831. 



CHAP. LXIII. 

An Act to incorporate the American Society for 
encouraging the settlement of the Oregon Ter- 
ritory. 

Sec. 1. oE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That John McNiel, 
rated. and John L. Blake, their associates and successors, 

be, and they hereby are incorporated and made a 
body politic, by the name of the American Society 
for encouraging the settlement of the Oregon Ter- 
ritory ; and by that name may sue and be sued, in 



Persons incorpo- 



OREGON TERRITORY. June 22, 1831. 133 

all actions, real, personal and mixed, and prosecute 
and defend the same to final judgment. 

Sec. 2. Be it further enacted. That said society, Powersandpri- 

•^ ^ ^ •' vileges. 

in their corporate capacity, and their successors, 
may have a common seal, which they may alter at 
pleasure, and may take, receive, have and hold per- 
sonal estate, to an amount, the yearly income of 
which shall not exceed twelve thousand dollars. 
Provided, however, that nothing herein contained 
shall enable said corporation to make any disposition 
of their funds, which shall not be a faithful appro- 
priation to the aforesaid purpose of encouraging the 
settlement of the said territory. 

Sec. 3. Be it further enacted, That said soci- officers. 
ety may annually choose by ballot, a president, two 
vice presidents, a board of directors, a correspond- 
ing secretary, recording secretary, 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 oth- 
erwise, it may be filled at any legal meeting of said 
society ; and the treasurer shall give bond, with suf- 
ficient surety or sureties, for the faithful perform- 
ance of the duties of his office. 

Sec. 4. Be it further enacted. That said cor- „ , 

^ ' By-laws- 

poration shall have power to make such by laws, 
rules and regulations for calling 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 United States. 

Sec. 5. Be it further enacted, That all contracts. Deeds, 
deeds, certificates, commissions, and other instru- 
ments, which said corporation may lawfully make 
or execute, when signed by the president, and coun- 



134 TAXES. June 22, IS31. 

tersigned by the recording secretary, and sealed 
with the common seal, shall be valid in law to all 
intents and purposes. 
Annual meeting. Sec. 6. Be it further enacted, That the first 
annual meeting 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. 

[Approved by the Governor, June 22, 1831.] 



CHAP. LXIV. 

An Act concerning the Collection of Taxes. 

Sec. 1. -O'E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
Taxes- ^^^^ authority of the same, That if any constable 

or collector of taxes shall neglect to pay to the treas- 
urer of the Commonwealth such sum of money as 
ought by him to be paid, within the time limited by 
any statute or by any assessor's warrant pursuant to 
law, or if any bank shall neglect to pay to said treas- 
urer the tax which such bank is, or may be liable 
to pay to him, the town, or district by which such 
constable or collector was chosen or appointed, and 
the bank so neglecting to pay, shall respectively be 
liable to an action of debt for the recovery of such 
sum of money or tax, to be commenced by the said 
Treasurer, and notice thereof served on such town, 



TAXES. /w«e22, 1831. 135 

district or bank, fourteen days before the sitting of 
the court in which such action shall be commenced. 

Sec. 2. Be it further enacted, That the treasur- 
ers of counties shall severally have the same reme 
dj against towns and districts, for the neglect of 
their constables or collectors of Taxes to pay mon- 
ey to said treasurers pursuant to law, which is giv- 
en to the treasurer of the Commonwealth in the pre- 
ceding section of this act. 

Sec. 3. Be it further enacted. That if any town Nfs'igpnce, re- 

^ '' iTiccly 111 case ol. 

or district, from which any State or County tax may 
be required, shall neglect for the term of five months 
after having received the warrant of the treasurer of 
the Commonwealth for assessing any state tax, or 
the warrant, order or notice of the lawful authority 
for the apportionment of any county tax, to elect as- 
sessors, and cause the assessment thereof to be cer- 
tified as the law requires, the said treasurer and the 
treasurers of the several counties shall respectively 
have the same remedy for the collection of such tax- 
es as is hereinbefore given to the said treasurer of the 
Commonwealth. 

Sec. 4. Be it further enacted, That the third ^'P'^^"''^'"'' 
section of" an act to enable the inhabitants of the sev- 
eral towns and plantations within this Common- 
wealth to ascertain from time to time the amount of 
monies received by their respective collectors of 
public taxes, and what payments they have made to 
the treasurer of the Commonwealth," passed on the 
twenty-third day of March, in the year of our Lord 
one thousand seven hundred and eighty-four ; the 
fourth, sixth, seventh and ninth sections of " an act 
for enforcing the speedy payment of rates and taxes 
and directing the process against deficient consta- 
bles and collectors," passed on the sixteenth day of 
February, in the year of our Lord one thousand seven 



136 BOST. AND CHELSEA. June 23, 1831. 



Acts repeated. 



hundred and eighty six ; " an act in addition to an 
act, entitled an act for enforcing the speedy pay- 
ment of rates and directing the process against de- 
ficient constables and collectors," passed on the 
twenty-fifth day of February, in the year of our 
Lord one thousand and eight hundred ; so much of 
the twenty-first section of an " act to regulate Banks 
and Banking," passed on the twenty-eighth day of 
February, in the year of our Lord one thousand eight 
hundred and twenty-nine, as makes it the duty of 
the treasurer of the Commonwealth to issue a war- 
rant of distress against banks for neglect to pay the 
Tax by said act required to be paid to said treasurer ; 
and all other parts of statutes which authorize the 
issuing of executions, warrants of distress, or any 
other final process, by any officer, ministerial or ju- 
dicial, against individuals, or bodies corporate, with- 
out previous notice, be, and the same hereby are 
repealed — Provided however, that this act shall in 
no way affect any process already issued. 

[Approved by the Governor, June 22, 183L] 



CHAP. LXV. 

An Act in addition to " an act to regulate the Ad- 
ministration of justice within the County of Suf- 
folk, and for other purposes." 

Sec. L Be it enacted by the Senate and House 
of Representatives, in General Court assembled, 
Connection be- aud bij the autliority of the same, That the con- 
LnrBosto'ia!^* nectiou which by law now subsists between the Ci- 



BOST. AND CHELSEA. June 23, 1831. 137 

Xy of Boston and the town of Chelsea shall continue 
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 here- 
tofore 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 estab- 
lishments deemed county property, or in which the 
said county of Suffolk claims, or has claimed or ex- 
ercised any care, management, jurisdiction or regu- 
lation as aforesaid. Secondly : That the said City 
of Boston shall be at liberty to apply, from time to 
time, to the Legislature, for any alterations 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 always, that 
some Court or Courts, within the said City of Bos- 
ton, shall have jurisdiction, in all matters and things, 
which, in relation to the town of Chelsea, or the in- 
habitants 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 in addition. Thirdly f That the said 
town of Chelsea may, at any time, a})ply to the Le- 
gislature to be set off from said County of Suffolk to 
any other County, without opposition from the said 
city of Boston. 

Sec. 2. Be it further enacted, That this act opirai^ °"^ '° 

18 



1S8 BOST. AND CHELSEA. June 23, 1831. 

shall continue and be in force, so far as respects the 
connection aforesaid, between the said city of Bos- 
ton, 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 Chelsea shall, in the mean time, apply to the 
Legislature, and be set off as aforesaid : Provi- 
ded however^ that the rights of property which shall 
be acquired by the said City of Boston, under this 
act, shall nevertheless remain forever vested in the 
said city of Boston. 

Sec. 3. Be it further enacted, That this act 
take effect. shall take effect whenever the said town of Chelsea, 
at any town meeting legally assembled, shall accept 
the same ; and from the time of such acceptance 
all rights of property of the town of Ch<^lsea, 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 Boston ; 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. 

[Approved by the Governor, June 23, 1831.] 



ELECTIONS. June 2S,\SSl. 139 



CHAP. LXVI. 

An Act in addition to ' An Act for regulating Elec- 
tions.' 

13 E it enacted by the Senate and House 
of Representatives, in General Court assembled, and ' 
by the authority of the same, That the several pro- Elections 
visions contained in an act passed on the twenty- 
fourth day of February, one thousand seven hundred 
and ninety-six, entitled " an act for regulating Elec- 
tions," which refer to meetings to be held by tow^ns 
for the choice of Representatives, in the month of 
May, annually, shall have like reference to the meet- 
ings now required, by the tenth article of amend- 
ment to the constitution of this Commonwealth, to 
be held in the month of November, annually, and 
each and every penalty imposed by the said act, 
upon any officer or other person, for any neglect of 
duty, or other violation of the several provisions of 
the said act, shall be incurred by any officer or other 
person guilty of the like neglect or violation of duty, 
in relation to the said meetings now required to be 
held in the said month of November, and all the 
proceedings, votes, elections, returns, certificates, 
and records, thereof. 

[Approved by the Governor, June 23, 1831.] 



140 CHANGE OF NAMES. June 23, 1831. 



CHAP. LXVII. 

An Act to change the names of the Persons therein 
mentioned. 

13 E it enacted by the Senate and House of 
Representatives, in General Court assembled, and 
Names ch n<r d % ^^^ authority of the same, That Samuel Gore 
of Boston, may take the name of Frederic S. Gore; 
that David Bradlee Eaton of Boston, may take the 
name of Albert Caspar Eaton ; that Nehemiah Clap 
of Boston, may take the name of Charles Frederic 
William Clap ; that Esther Rowe of Boston, a min- 
or, 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 min- 
or, may take the name of Julia Leonora Rogers ; 
that Antoinette Wright of Boston, a minor, daugh- 
ter of Nathaniel Wright, may take the name of An- 
na Burlin Wright ; that James Ivers Austin of Bos- 
ton, may take the name of Ivers James Austin, all 
of the County of Suffolk — that Elijah Holt of Lynn, 
may take the name of 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 
Newburyport, may take the name of Mary Ann Win- 
gate ; that Nathan Smith of Salem, and his wife, 
Martha L Smith, may take the name of Nathan 
Pool and Martha T. Pool ; that James Augustus 
Hodgkins, of Salem, a minor son of Elizabeth W. 



CHANGE OF NAMES. June 23, 1831. 141 

Hodgkins, may take the name of Augustus Hodg- Names changed. 
kins Lamson ; that Ann Marston, a minor, of West 
Newbury, may take the name of Emma 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 ; 
that William Wilder of Lancaster, may take the name 
of George Washington Wilder ; that Daniel Rice of 
Leicester, may take the name of Daniel Tatman 
Rice ; that Charles Austin Hnnfing of Barre, may 
take the name of Charles Austin, all of the Countv 
of Worcester ; that Epaphroditus Williams, of Con- 
way, in the County of Franklin, 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 ot Amherst, may take 
the name of Solomon Gilbert, all of the County of 
Hampshire. That Solomon Hoar, Junior, of Brim- 
field, may take the name of Solomon 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 Clar- 
inda Homer, and that Martha Fullerton Hoar, Har- 
riet Neal Hoar, and George Harding Hoar, minor 
children of said William P. and Clarinda Hoar, may 
take the names respectively of Martha Fullerton Ho- 
mer, 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 Wansongthi Adams ; 
that Charles Doggett of Brookline may take the 
name of Charles Doggett Perry, all of the County of 
Norfolk : — that Nathaniel C. Fowle of Norton, in the 
County of Bristol, may take the name of Nathaniel 



142 ORIENTAL BANK. June 23, 1831. 

Nameschanged. Fowlc Bowdoiii ; that Jaiiies 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. 

[Approved by the Governor, June 23, 1831.] 



rated 



CHAP. LXVIII. 

An Act to incorporate the President, Directors and 
Company of the Oriental Bank in Boston. 

Sec. 1. Ue it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
Persons iiicorpo- the authority of the same, That Charles Smith, 
Charles J. Cazenove, Stephen White, Amos Binney, 
Samuel K. Williams, Thomas I. Whittemore, 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 Company of the Oriental Bank in Bos- 
ton, and shall so continue until the first day of Oc- 
tober, 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, 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 regu- 
late Banks and Banking," and to the further pro- 
visions contained in an act passed the twenty eighth 



MASS. HORTIC. SOCIETY. June 23, 1831. 143 

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." 

Sec 2. Be it further enacted, That the capi- capiiai stock. 
tal 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. Proi.nded the whole be paid in within 
one year from the passing of this act. 

Sec. 3. Be it further enacted, That the said Location. 
Bank shall be established in the City of Boston, and 
that any three of the persons before named shall 
be authorized to call the first meeting of said Cor- 
poration, by advertising the same in any newspaper 
published in the City of Boston, ten days at least be- 
fore said meeting. 

[Approved by the Governor, June 23, 1831.3 



CHAP. LXIX. 

An Act in addition to an act entitled " An Act to in- 
corporate the Massachusetts Horticultural Soci- 
ety." 

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

111 1*1 appropriation of 

Horticultural Society be, and hereby are authorized, real csiaie to the 

•^ i/«ii erection of tombs 

in addition to the powers already conferred on them, cenotaphs, and 
to dedicate and appropriate any part of the real in memory of the 
estate now owned, or hereafter to be purchased by 



144 MASS. HORTIC. SOCIETY. June 23, 1831. 

them, as, 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, to lay out the same in suitable lots, or 
other subdivisions for family and other burying pla- 
ces ; and to plant and embellish the same with 
shrubbery, flowers, trees, walks, and other rural 
Rural ornamcnis omameuts, and to cuclose and divide the same with 
proper walls and enclosures, and to make and annex 
thereto other suitable appendages and conveniences, 
as the society shall from time to time deem expedi- 
ent. 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 perpetual dedication thereof for 
the purposes aforesaid ; and the real estate so d edi- 
cated shall be forever held by the said society in 
trust for such purposes, and for none other. And 

Riglu of burial. . . 

the said society shall have authority to grant and 
convey to any person or persons the sole and ex- 
clusive right of burial, and of erecting tombs, ceno- 
taphs, and other monuments in any such designated 
lots and subdivisions, upon such terms and condi- 
tions, and subject to such regulations, as the said 
society shall by their by-laws and regulations pre- 
scribe, 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 pro- 
prietors thereof, and shall not be subject to attach- 
ment or execution. 

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

aUsiate.''^'^^"" purposcs of this act, the said society shall be, and 

hereby are authorized to 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 



MASS. HORTIC. SOCIETY. June 23, US\. 145 

authorized to purchase and hold. And to enable 
the said society more effectually to cdrry the plan 
aforesaid into effect, and to provide funds for the 
same, the said society shall be, and hereby are au- 
thorized to open subscription books, upon such Subscription 

. . . . . books. 

terms, conditions and regulations, as the said socie- 
ty shall prescribe, which shall be deemed fundamen- 
tal and perpetual articles between the said society 
and the subscribers. And every person, who shall 
become a subscriber in conformity thereto, shall be 
deemed a member for life of the said society, without 
the payment 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 monu- 
ments, in such lot or subdivision of such cemetery or 
burying ground, as shall, in conformity to such fun- 
damental articles, be assigned to him. 

Sec. 3. Be it further enacted, That the presi- Special meetings 
dent 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 purpos- 
es of this act, or any other purposes w ithin the pur- 
view of the original act, to which this act is in addi- 
tion. 

[Approved by the Governor, June 23, 1831.] 



19 



146 TOWN OF SALEM. June23,U3\. 



CHAP. LXX. 

An Act to regulate the administration of justice 
within the town of Salem. 

Sec. 1. JjE it enacted by the Senate arid House 
of Representatives, in General Court assembled, and 
F.s{ah\\shmenio( by the authority of the same, That there shall be, and 
^hriowYofSa" hereby is established, within and for the town of Sa- 
lem, a Police Court, to consist of one learned, able 
and discreet person, to be appointed and commission- 
ed by the Governor, pursuant to the Constitution, 
to take cognizance of all crimes, offences and misde- 
meanors, committed 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 ex- 
isting, or hereafter duly established. And the Court 
Determinaiion of 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 necessa- 
ry to, or consistent with such powers and authority. 
And the said Police Court shall also have original ex- 
clusive 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 tow n of Salem, but to said police 



TOWN OF SALEM. June 23, 1831. 147 

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 tes- 
ted by the justice of said Police Court. Provided 
always, that the justice of said Police Court shall 
not be of counsel or attoriK y to any party in any mat- 
ter or thing whatsoever, which may be pending be- 
fore said Court. 

Sec. 2. Be it further enacted, That all warrants 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, unless, 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 warrant had 
been issued by a justice of the peace, according to 
the law now in force. 

Sec. 3. Be it further enacted, That the Justice Duty of Justice, 
of said Police Court, in addition to the services here- 
in 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 exhi- 
bit, in the month of January in each year, to the 
board of accounts hereinafter established, a partic- 
ular account of all sums of money by him received 
as such clerk ; and shall pay over to the town treas- 



148 



TOWN OF SALEM. 



Jtme 23, 1831 



Compensaiion. 



Time of holding 
courti 



urer, 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 here- 
inafter 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 be filed and safe- 
ly 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 of- 
fice, as clerk, in such penalty as the selectmen of 
said town of Salem shall determine. 

Sec. 4. Be it further enacted, That the justice 
of said 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 as aforesaid, the sum 
of one thousand dollars, in full compensation for all 
services assigned to him by the provisions of this 
act. 

Sec. 5. Be it further enacted, That a court shall 
be held by said justice, on two several days in each 
week, at nine of the clock in the forenoon, and as 
much oftener as may be necessary, to take cogni- 
zance of crimes, offences and misdemeanors ; and 
on one day, every week, at ten of the clock in the 
forenoon, and at such other times at may be neces- 
sary, 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 uni- 
form conducting of the business of said court, both 
civil and criminal. 



TOWN OF SALEM, June 23, 1831. 149 

Sec. 6. Be it further cfiacted, That all suits, 
actions, and prosecutions, which shall be institut- 
ed, 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 de- 
termined, as though said act had not been passed. 

Sec. 7. Be it further enacted. That the clerk Board of ac- 

*^ counts. 

of the courts, and the county attorney for the coun- 
ty of Essex, shall be and they hereby are constitu- 
ted a board of accounts ; and the said board shall 
assemble in the month of January in each year, and 
as much oftener as may be necessary, and when so 
assembled shall have power, and it shall be their du- 
ty, 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 expenses, have been ex- 
amined and allowed by them ; and the certificate of 
such examination 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 dollars, res- 
pectively, for each and every day which shall be by 
them devoted to the performance of the duties here- 
by assigned to them. 

Sec. 8. Be it further enacted, That there shall special justices. 
be appointed by the Governor, 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 



150 TOWN OF SALEM. June 23, 1831. 

shall from any cause, be unable to hear and deter- 
mine any matter or thing pending therein, the cause 
shall be assigned on the record, and the court shall 
beheld, 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 spe- 
cial justices shall be paid for the time actually em- 
ployed in performing 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. 

Reiurns. ^Ec. 9. Be it further enacted, That the justice 

of said police court shall make a return to the sever- 
al 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. 

Sec. 10. Be it further enacted. That this act 

Operation; shall go into Operation on and after the first day of 
October next ; and that all acts and parts of acts 
which are repugnant to the provisions of this act, be, 
and the same are hereby repealed. Provided, that 
this act shall not be so construed as to prevent the 
Governor, with the advice and consent of the coun- 
cil, from appointing and commissioning the saidjus- 
tice and special justices, at any time before the said 
first day of October. 

[Approved by the Governor, June 23, 1831.] 



BOSTON SOUTH BRIDGE. June 23, 1831. 151 



CHAP. LXXI. 

An Act in addition to an act entitled " an act to in- 
corporate the Proprietors of Boston South Bridge." 

Sec. 1. liE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That the proprie- Transfer of ma- 
tors or the boston !>outh Bridge are hereby authori- ciiy of Boston. 
zed and empowered to s(!ll, assign, and transfer to 
the city of Boston, the franchise and materials of 
said Boston South Bridge, to have and to hold the 
same to the said city and its successors forever. 
Provided, that no toll or duty 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 af- 
ford all necessary and proper accommodation to ves- 
sels that have occasion to pass the same by night or 
by day, and shall keep said bridge sufficiently light- 
ed. 

Sec. 2. Be it further enacted. That if, on or Paymemofmo- 
before the fifteenth day of September next, the said .llent and'ifa"ns- 

P -w-^ 111 1 • /• 1 fer of maierialsi 

city or Boston shall not pay to the proprietors oi 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 Commionwealth, at any time within six 



1^2 BOST. AND WORC. R. ROAD. June 23, 1831. 

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 Common- 
wealth, and that from and alter the day of such sur- 
render, the said corporation shall be dissolved, and 
exist no longer as a body corporate, excepting for 
the purpose of suing and being sued for recovery of 
debts due unto or from said proprietors. 
partofacire- Sec. 3. Be it further enacted, That so much 
of the act, to which this act is in addition, as is in- 
compatible with the provisions of this act, be, and 
the same is hereby repealed. 

[Approved by the Governor, June 23, 1831.] 



pealed. 



rated 



CHAP. LXXII. 

An Act to establish the Boston and Worcester Rail 
Road Corporation. 

Sec. 1. UE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
Persons incorpo- ^y ^^*^6 autliority of thc saMC, That George Bond, 
Luther Faulkner, Henry Williams, Henry H. Ful- 
ler, William Parker, Cornelius Coolidge, Isaac Dan- 
forth, Eliphalet Williams, George Morey, Jonas B. 
Brown, Nathaniel Hammond, Pliny Cutler, Jona- 
than Whitney, John P. Bigelow, George Hallet, 
Winslow Wright, Joseph T. Buckingham, James 
K. Mills, Ward Jackson, Henry Rice, Thomas R. 
Sewall, Daniel Hastings, E. A. & W. Winchester, 
R. Richards, Jr., John Thompson, John C. Putnam, 
A. Chandler, Thomas B. Wales, William Dehon, 



BOST. AND WORC. R. ROAD. June 23, 1831. 153 

Joseph A. Ballard, and Andrew Diinlap, their asso- 
ciates, successors and assigns be, and they hereby 
are made a body politic and corporate, under the 
name of the " Boston and Worcester Rail Road 
Corporation," and by that name shall be, and here- 
by are made capable in law, to sue, and to be sued, 
to final judgQient and execution, plead, and be im- 
pleaded, defend and be defended, in any courts of 
record, or in any other place whatever ; to make, 
have and use a common seal, and the same to break, 
renew or alter at pleasure ; and shall be, and are 
hereby vested with all the powers, privileges and 

• . • T • I 1 ^ Powers and pri- 

immunities, which are or may be necessary to carry viieges. 
into effect the purposes and objects of this act, as 
hereinafter set forth. And the said corporation are 
hereby authorized and empowered to locate, con- 
struct, and finally complete a rail road, in or near 
the city of Boston, and thence to any part of Wor- 
cester, 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 autho- 
rized 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 ne- 
cessary 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 hereinafter provided. 

Sec. 2. Be it further enacted, That the capital capital stock, 
stock of said corporation shall consist of ten thou- 
sand shares ; and the immediate government and di- 
rection of the affairs of the said corporation shall be 

20 



154 BOST. AND WORC. R. ROAD. June 23, 1831. 

vested in a board of not less than five directors, who 
shall be chosen by the members of the corporation, 
in the manner hereinafter 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 quo- 
rum 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 ot 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. 

Sec. 3. Be it fuither enacted, That the presi- 
dent and directors, for the time being, are hereby 
authorized and empowered, by themselves, or their 
agents, to exercise all the powers herein granted to 
the corporation, for the purpose of locating, con- 
structing and completing said rail road ; and for the 
transportation of persons, goods, and merchandize ; 
Powers and pri- ^^i^ ^11 such othcr Dowcrs and authority for the ma- 

viieges. ■* -^ 

nagement of the affairs of the corporation, not here- 
tofore granted, as may be necessary and proper to 
carry into effect the objects of this grant ; to pur- 
chase and hold land, materials, engines, cars, and 
other necessary things in the name of the corpora- 
tion, for the use of said road, and for the transporta- 
tion 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 in the execution and pro- 
gress of the work, and direct the same to be paid to 
the treasurer of the corporation. And the treasurer 



EOST. AND WORC. R. ROAD. June 23, 1831. 155 

shall give notice of all such assessments. And in 
case any subscriber shall neglect to pay his assess- 
ment, 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 
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 over- 
plus, 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 dol- 
lars on a share. 

Sec. 4. Be it further enacted, That the said cor- By-iav ». 
poration shall have power to make, ordain, and es- 
tablish all such by-laws, rules, regulations, and ordi- 
nances, 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 ordering, regulating, and securingof the interests 
and affairs of the corporation ; Provided, the same 
be not repugnant to the constitution and laws of the 
Commonwealth. 

Sec. 5. Be it further enacted, That a toll be, and 
hereby is granted and established, for the sole benefit '^°"' 
of said corporation, upon all passengers and proper- 
ty of all descriptions which may be conveyed or trans- 
ported upon said road, at such rates per mile as may 
be agreed upon and established from lime to time by 
the directors of said corporation. The transporta- 



BOST. AND WORC. R. ROAD. June 23, 1831. 



Pcovisoi 



Toll-houses, 
gates, loll-galh- 
«rerS;&c. 



tion 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 directorsshall 
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 ten years from and after the 
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 over- 
plus 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 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 said Boston, or from Roxbury, Brook- 
line, Cambridge, or Charlestown, to any place with- 
in fi.ve miles of the westerly termination of the rail 
road hereby established. 

Sec. 6. Be it further enacted, That the directors 
of said corporation for the time being are hereby 
authorized to erect toll houses, establish gates, ap- 
point toll gatherers, and demand toll, upon the road, 



BOST. AND WORC. R. ROAD. June 23, 1831. 157 

when completed, and upon such parts thereof as 
shall from time to time be completed. 

Sec. 7. Be it further enacted^ That the said cor- Damages. 
poration 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 dam- 
ages happening by the laying out of highways. 

Sec. 8. Be it further enacted, That when the infams. 
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 
guardian 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. 

Sec. 9. Be it further enacted, That if any per- Forfeiture for the 

, ,, ..^ 11 T • 1 11 willul, malicious, 

son shall wiltully, maliciously, or wantonly, and or wamoD de- 

, siruciiou of rail 

contrary to law, obstruct the passage or any car- road. 
riage on said Rail Road, or in any way spoil, 
injure or destroy said Rail Road, or any part there- 
of, 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 abet- 
ting in such trespass, shall forfeit and pay to said 
corporation, for every such offence, treble such da- 
mages 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 



158 BOST. AND WORC. R. ROAD. June 23, 1831. 

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 ofi'ences, contrary to the above provisions, and 
on conviction thereof before any court compe- 
tent to try the same, shall pay a fine not exceed- 
ing 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 
conviction may be had. 
Meeiiugs. Sec. 10. Be it further enacted, That the annual 

meeting of 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 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 Mas- 
sachusetts Spy, published in Worcester, of the time, 
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 meet- 
ings of the stockholders, whenever they shall deem 
it expedient and proper, giving such notice as the 
corporation by their by-laws shall direct. 

Sec. 11. Be it further enacted, That if the said 



BOST. AND WORC. R. ROAD. June 23, 1831. 169 

Rail Road, in the course thereof, shall cross any pri- if raiiroa.i,in 

. the course there 

vate way, the said corporation shall so construct <.f, cross anv 

hit;h« ay, &,c., 

said Rail Road as not to obstruct the safe and con- mode -r cou- 

r 1 • I -r • 1 r. -1 struciioti. 

venient use ot such j)rivate way ; and it said Rail 
Road shall not be so constructed, the party aggriev- 
ed shall be entitled to his action on the case in any 
court proper to try tlie 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 corpor- 
ation shall have the power to laise 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 pri- 
vate way, pursuant thereto, and shall not so raise 
or lower the same, as to be satisfactory to the pro- 
prietors of such turnpike, or to the selectmen of 
the town in which said highway, or private way, 
may be situate, as the case may be, said proprie- 
tors or selectmen may require in writing of said 
corporation such alteration or amendment as they 
may think necessary. And if the required amend- 
ment or alteration be reasonable and proper in 
the written oi)inion of the County Commissioners 
for the county in which such alteration or amend- 
ment 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 



160 BOST. AND WORC. R. ROAD. June^S, 1831. 

to try the same, any action of the case against said 
corporation, and shall therein recover reasonable 
damages for all charges, disbursements, la- 
bor, and services, occasioned by making such al- 
teration or amendments, with costs of suit. 
con.iiiions of Sec. 12. Be it fw^ther enacted. That if the said 

this act. . '^ 

corporation shall not have been organized, and the 
location of the route filed with the County Commis- 
sioners 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 corporation 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 abovementioned cases 
this act shall be null and void. 

Sec. 13. Be it further enacted, That said Rail 
Road Company shall constantly maintain, in good 
repair, all bridges with their abutments and embank- 
ments which they may construct for the purpose of 
conducting their Rail Road over any canal, turn- 
pike or other highway, or any private way, or for 
conducting such private way, turnpike or other high- 
way over said Rail Road. 

Sec 14. Be it further enacted, That the Legis- 

Another rail . 

road lature may authorize any company to enter with 

another Rail Road at any 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 



Bridges. 



BOSTAND WORC. R. ROAD. June2S, 1331. 161 

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 (he said Rail Road 
and all the franchise, property, rights and privileges 
of the said Corporation, on paying therefor the 
amount expended in making 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 stock- 
holders ; and alter such purchase, the limitation pro- 
vided in the fifth section of this act shall cease and 
be of no effect. And it shall be the duty of said Report to be 

•^ made to the le- 

company from year to year, to make report to the gi^iature. 
legislature under oath of their acts and doings, re- 
ceipts 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, 
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 open- 
ing 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. 

Sec. 15. Be it further enacted. That nothing con- Bridge ov^r 

^ , . "-^ Charles river. 

tained in this act shall be construed as giving the 
Boston and Worcester Rail Road Corporation au- 
thority to erect a Bridge over the waters of Charles 
River connected with the City of Boston, or to 

21 



162 FISHING COMPANY. June 2^, 1831. 

place anj obstruction in said waters of Charles River 
near to the City of Boston. , 

[Approved by the Governor, June 23, 1831.] 



CHAP. LXXIII. 

An Act to incorporate the Skinnaquits Fishing Com- 
pany in Harwich and Chatham. 

Sec. 1. 1>E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
Piersons incorpo- l)y ffie authority of the same, That Sylvanus Eld- 
ridge, Kimball Eldridge, Amasa Nickerson, Levi 
Eldridge, Zeplianiah Nickerson, Jonathan Small, 
Elijah Eldridge, Darius Weeks, and James Long, 
and their associates, successors and assigns be, and 
they hereby are incorporated and made a body polit- 
ic, for the purpose of making the necessary improve- 
ments for the preservation and taking of 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 an- 
nually, on the first Tuesday of April, for the purpose 
of choosing a Clerk, Treasurer, Assessors and a 
Collector ; and three or more persons, being mem- 
bers of said corporation, to inspect, regulate, take 
care of, and govern said fishery ; who shall be sworn 
to the faithful discharge of their duty, and said com- 
mittee shall have full power and authority to deter- 
mine upon the rules and regulations to be observed 
in the takine; of suid fish, and to fix what time 



FISHING COMPANY. June 23, 183}. 163 

and ill what places the same shall be taken, and the 
prices that shall be paid therefor. 

Sec. 2. Be it further enacted, That if any per- Fine. 
son 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 Committee 
aforesaid, every person so offending, shall, for each 
and every such offence, on conviction thereof, pay a 
fine not exceeding five dollars nor less than two dol- 
lars, if the quantity so taken be less than one bar- 
rel ; 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. 

Sec. 3. Be it further enacted. That if the Com- „ 

, ^ ^ Detection of per- 

mittee aforesaid, or either of them, shall detect any sons in anat- 

•^ tempt to take 

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 committee as aforesaid, or 
shall find such fish in the possession of any person, 
he shall be deemed to have taken said fish unlaw- 
fully, and shall be subject to the penalties of this 
act, as before mentioned ; unless such person can 
make it appear on trial that he came by said fish in 
some other way, and the members of said Corpora- 
tion shall be competent witnesses in all cases where 
fish shall have been unlawfully taken. 

Sec. 4. Be it further enacted, Th?^t\i m-\y^ei- '^^^^^'l^^ ^l^^- 
son, without the permisson of the Committee afore- "■"«' ^• 
said, 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 fi)rfeit and pay a sum not ex- 
ceeding seven dollars, nor less than five dollars, for 



164 



FISHING COMPANY. 



June 23, 1831. 



Obstruction of 
the passage of 
fish. ^ 



Taxes. 



Profits. 



First meeting. 



Members. 



each offence, to be recovered in the manner and to 
the use hereinafter provided. 

Sec. 5. Be it further enacted, That the said com- 
mittee shall, during the passage of said fish in said 
river or stream, cause all obstructions to their pass- 
age to or from the sea, of every description, to be re- 
moved, and if any damage shall be done to the pro- 
perty of individuals not members of the Corporation, 
such indiv iduals shall be entitled to reasonable dama- 
ges therefor. 

Sec. 6. Be it further enacted, That said Corpo- 
ration at any regular meeting thereof shall have 
power to assess taxes equally according to numbers 
on all the members of said Corporation, and they 
shall be liable for said assessment in their private 
and individual capacities. 

Sec. 7. Be it further enacted, That the whole 
profits which may accrue to said Corporation from 
said fishery, shall, annually in the month of Novem- 
ber, be divided according to the number of the Cor- 
porators. 

Sec. 8. Be it further enacted. That Amasa 
Nickerson of said Harwich, be, and he hereby is au- 
thorized to call the first meeting of said proprietors 
some time in September next, by giving personal no- 
tice 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 corpor- 
ation shall be fixed and determined. 

Sec. 9. Be it further enacted. That all per- 
sons who now are or may hereafter become owners 
of land adjoining said stream or river, shall have a 
right to become members of said corporation. Pro- 
vided however, that they shall be subject to pay their 
proportional part of the expenses which shall have 



FISHING COMPANY. /wne 23, 1831. 165 

been, before the time of their admission as members Members. 
aforesaid, incurred by said corporation. 

[Approved by the Governor, June 23, 1831.] 



CTommonUJtaltlj of M^^^^tf^^^tttn. 



SECRETARY'S OFFICE, JULY 29, 1831. 

I HEREBY CERTIFY, that I havc Compared the print- 
ed copy of the Acts contained in this Pamphlet with the 
Original Acts passed by the Legislature in June last, 
and find the same to be correct. 

EDWARD D. BANGS, 
Secretary of the Commonwealth. 



LAWS 



€otnnfonU)ealtig of iMassac^ttsettfii^ 



PASSED BY THE GENERAL COURT, 



AT THEIR SESSION, WHICH COMMENCED ON WEDNESDAY, THE FOURTH 
OF JANUARY, AND ENDED ON SATURDAY, THE TWENTY- 
FOURTH OF MARCH, ONE THOUSAND EIGHT HUN- 
DRED AND THIRTY-TWO. 



CHAP. I. 

An Act in addition to an Act entitled, " An Act to 
divide the Commonwealth into Districts, for the 
choice of Representatives in the Congress of the 
United States, and prescribing the mode of elec- 
tion." 

Sec. 1. Be it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That in every future Mayor and ai- 
election of Representatives in the Congress of the lecimen to trans- 
United States, it shall be the duty of the Mayor '"" ^°'"' '''=• 



170 REPRESENT. TO CONGRESS. Jan. 12, 1852. 

and Aldermen of the City of Boston, and of the Se- 
lectmen of the several towns and districts within 
the Commonwealth, to transmit the sealed list of 
votes, required by the third section of the act to 
which this is in addition, to the sheriff of the coun- 
ty in which the election shall be held, within three 
days next after the day of such election ; and the 
said sheriff shall transmit the same to the Secretary 
of the Commonwealth, within seven days thereaf- 
ter ; or the said Mayor and Aldermen or Selectmen 
may themselves transmit the same to the Secretary 
of the Commonwealth, within ten days after the 
day of such election. 
Penalty for ne- Sec. 2. Be it further enacted, That for every 

gliding to per- r i ^ • ■ i i 

iorm the duties ncfflect to perform tne duties requu'ed by this act, 

mentioned in this ^.^ i ait r i • r -n 

Act. the Mayor and Aldermen or the city of Boston, the 

Selectmen of towns and districts, and the sheriffs of 
counties, shall be subject to the penalties specified 
in the seventh section of the act to which this act 
is in addition. 

Part of former g^c. 3. Be it furthcv enacted, That so much of 

Act repealed. *^ 

the act to which this act is in addition, as is repug- 
nant to the provisions of this act, be, and the same 
is hereby repealed. 

[Approved by the Governor, January 12, 1832.] 



NANTUCKET COM. INS. CO. Jan, 17, 1832. 171 



CHAP. II. 

An Act authorizing the Commercial Insurance Com- 
pany in Nantucket to increase its Capital Stock. 

Sec. 1. JJE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same,, That the Commercial increase of capi- 

T /-. • TVT 1 , 1 • , 1 lal Stock. 

Insurance Company m JNantucket be, and it hereby 
is authorized and empowered to increase its capital 
stock by adding thereto twenty-five thousand dol- 
lars, and that the number of shares be, and the same 
hereby is increased to one thousand shares of one 
hundred dollars each. 

Sec. 2. Be it further enacted, That one half of How paid in. 
the additional 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 di- 
rect 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 addi- 
tional 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. 

Sec. 3. Be it further enacted, That the provi- 



172 GREEN RIVER COMPANY. Jan. 18, 1832. 

Uiis act no^t bhid- sions of this act shall not be binding on the said 
ciaiTns^m^^e^"^ Commercial Insurance Company, unless the same 
upwi'^condSin. ^hall be accepted at a meeting to be held by them, 
pursuant to public notice, to be given by the Presi- 
dent and Directors, fourteen days at least previous 
to the holding of said meeting. 

[Approved by the Governor, January 17, 1832.] 



Persons incorpo- 



CHAP. III. 



An Act to incorporate the Green River Hemp and 
Flour Company. 

Sec. 1. JjiE it enacted hy the Senate and House 
of Representatives in General Court assembled, and 
rated. })y (ji^ autliorlty of the same, That John Wilson, 

Hooker Leavitt, Alanson Clark, Isaac Newton 2d, 
William Wilson and Richardson Hall, together with 
such other persons as may become associates with 
them, their successors and assigns, be, and they are 
hereby made a corporation, by the name of the Green 
River Hemp and Flour Company, for the purpose of 
manufacturing flour, and of raising, purchasing, dress- 
ing 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 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, enti- 
tled " An Act defining the general powers and du- 
ties of Manufacturing Corporations." 



BOST. AND BARRE CO. Jan. 18, 1832. 173 

Sec. 2. Be it further enacted, That the said ^''estal'e ^^''°"" 
corporation may hold and possess such real estate 
not exceeding the value of twenty thousand dollars, 
and such personal estate, not exceeding the value 
of forty thousand dollars, as may be convenient and 
necessary for carrying on the business aforesaid. 

[Approved by the Governor, January 18, 1832.] 



CHAP. IV. 

An Act to incorporate the Boston and Barre Com- 
pany. 

Sec. 1 . UE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That James C. Dunn, Persons incorpo- 
Joseph Bowman, Lucius M. Sargent, Henry Up- 
ham and John Clark, their associates, successors 
and assigns be, and they hereby are made a corpo- 
ration, by the name of " the Boston and Barre Com- 
pany" for the purpose 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. 

Sec. 2. Be it further enacted^ That the said cor- 



174 NEWBURYPORT M. INS. CO. Jan. 18, 1832. 

Sesfafe.'* poratioii maj be lawfully seized and possessed of 
such real estate, not exceeding the value of fifty 
thousand dollars, and such personal estate not ex- 
ceeding the value of seventy thousand dollars, as 
may be necessary and convenient for the purposes 
aforesaid. 

[Approved by the Governor, January 18, 1832.] 



ized 



CHAP. V. 



An Act to authorize certain persons to be agents 
and attornies for the full settlement of the affairs 
and concerns of the late Newburyport Marine In- 
surance Company. 

Sec. 1. JjE it enacted hy the Senate and House 
of Representatives in General Court assembled, and 
Persons author- hy the ttutliority of the same, That Edward S. Rand, 
and Henry Frothingham, Jr., Esquires, two of the 
stockholders of the late Newburyport Marine Insu- 
rance 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 res- 



PROTECTION INS. CO. Jan. 20, 1832. 175 

pective shares by them holden therein, and to adopt 
all proper measures therefor. 

Sec. 2. Be it further enacted, That the said Trustees amhor- 

. _, , .1 /• 1 , ,, , ized tofill vacan- 

trustees or agents, or either of them, shall have cies. 
power to fill any vacancy which may happen by rea- 
son of the death, resignation or inability of either of 
said trustees, before the concerns of said company 
shall be fully closed. 

[Approved by the Governor, January 18, 1832.] 



CHAPTER VI. 



An Act to incorporate the Protection Insurance 
Company. 

Sec. 1. Be it enacted by the Senate and House 
of Represeiitatives in General Court assembled, and 
by the authority of the same, That John Prince and Persons incorpo- 
his associates, and their successors and assigns, be, 
and they are hereby incorporated and made a body 
politic by the name of the Protection Insurance 
Company, with all the powers and privileges, and 
subject to all the restrictions, duties and obligations 
contained in a law of this Commonwealth entitled 
" an act to define the powers, duties, and restric- 
tions of insurance companies," passed on the six- 
teenth day of February in the year of our Lord one 
thousand eight hundred and eighteen, and a law of 
this Commonwealth entitled, '' an act authorizing 
the several insurance companies in this Common- 
23 



176 PROTECTION INS. CO. Jmi. 20, 1832. 

wealth to insure against fire," passed on the tvven- 
ty-lirst 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 de- 
fend 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 fifty thousand dollars, excepting such as may be 
taken for debt, or held as collateral security for mo- 
ney due to said company. 

Capital stock. ^Ec. 2. Be it further enacted, That the capital 

stock of said company shall be three hundred thou- 
sand dollars, and shall be divided into shares of one 
hundred dollars each, one hundred and fifty thou- 
sand dollars of which shall be paid in money within 
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 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. 

Directors. Sec. 3. Bc it further enacted, That the stock, 

property 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 



PROTECTION INS. CO. Jmi. 20, 1832. 177 

chosen in iheir stead, and they at the time of their 
election shall be interested in the stock of the com- 
pany, 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 January 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 said meeting. The election shall 
be made by ballot, by a majority of the stockhold- 
ers present, allowing one vote to each share in the 
capital stock : provided, that no stockholder shall 
be allowed more than thirty votes, and absent stock- 
holders 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 here- 
in provided for the election of directors. 

Sec, 4. Be it further enacted. That the direct- rresi.ient. 
ors, 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 an- 
nual 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 re- 
mainder of the year in which they happen, by a spe- 
cial election at a meeting of the stockholders to be 
called for that purpose, in the same manner as is 
herein provided respecting annual elections ot di- 
rectors. 



178 PROTECTION INS. CO. Jan. 20, 1832. 

Board for doing gj,^^ 5^ £^ ^ further eiiacted, That the presi- 

business. ' ' r 

dent and four of the directors, or five of them in his 
absence, shall be a board competent to the transac- 
tion of business : and all questions before them shall 
be decided by a majority of votes, and they shall 
have power to make and 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 direct- 
ors, and all such matters as appertain to the busi- 
ness of insurance. And said directors may appoint 
all officers and agents that in their opinion the af- 
fairs of the company may require, prescribe their 
duties and fix their compensation : provided, that 
such by laws and regulations shall not be repug- 
nant to the constitution and laws of this Common- 
wealth. 

First meeting. gg^. 6. Be it further eriacied, 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 company for 
the purpose of organizing said 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. Sec. 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 
insurance, maritime loan, or bottomry or other- 
wise, to a greater amount than ten percent on their 
capital actually paid in. 



CONCORD MAN. CO. Jan. 24, 1832. 179 

Sec. 8. Be it further enacted, That the said L"'^*''*'"- 
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 simi- 
lar corporations that are by law liable to be taxed. 

Sec. 9. Be it further enacted, That the shares . . 

•^ Assignment and 

of said corporation shall be assignable and transfer- transfer ofshares. 
able, according to such rules and regulations as the 
president and directors shall for that purpose ordain 
and establish, and not otherwise. 

[Approved by the Governor, January 20, 1832.] 



CHAP. VII. 



An Act to incorporate the Concord Manufacturing 
Company. 

Sec. 1. 13E it enacted by the Senate and House 
of Represeyitatives in General Court assembled, and 
by the authority of the same, That Elisha Parks, persons incorpo- 
Thomas Lord, and Ephraim H. Bellows, their as- ^^^"^ ' 
sociates, successors and assigns be, and they hereby 
are made a corporation by the name of " The Con- 
cord Manufacturing Company," for the purpose of 
manufacturing cotton and woollen goods and machi- 
nery, in the town of Concord in the county of Mid- 
dlesex, and for this purpose shall have all the pow- 
ers and privileges, and be subject to all the duties 
and requirements contained in an act entitled " an 
act defining the general powers and duties of man- 



180 BEVERLY MINIST. FUND. /«w. 24, 1832. 

ufacturing corporations," passed the twenty-third 
day of February, in the year of our Lord one thou- 
sand eight hundred and thirty. 
Real and person- ^Ec. 2. Be it further enacted, That the said cor- 
^ ^^^^' poration may be lawfully seized and possessed of 

such real estate, not exceeding the value of fifty 
thousand dollars, and such personal estate, not ex- 
ceeding the value of fifty thousand dollars, as may 
be necessary and convenient for the purposes afore- 
said. 

[Approved by the Governor, January 24, 1832.] 



CHAP. VIII. 



An Act to incorporate the Trustees of the Ministe- 
terial Fund of the First Parish in Beverly. 

Sec. 1. tE it enacted hy the Senate and House 
of Representatives in General Court assembled, and 
hy the authority of the same, That Robert Rantoul, 

Persons iucorpo- '^ _ . 

rated. William Thorndike, Joshua Lovett, Edward Ford, 

Sartiuel Endicott, Cotton Bennett, and Charles 
■. Stephens, all of Beverly, be, and they hereby are 

constituted a body corporate, with their associates 
and successors, by the name of the Trustees of the 
Ministerial Fund of the First Parish in Beverly. 
Sec. 2. Be it further enacted, That the said 

Election of offi- , . . i • • ^ j i j. 

cers. trustees, their associates and successors, may elect 

such officers, and make and ordain such by laws 
and regulations as they may deem necessary for 



BEVERLY MINIST. FUND. Jan. 24, 1832. 181 

their own government, and the proper management 
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 major- 
ity of whom shall be a quorum for the transaction 
of business, and all vacancies in the board of trus- - 
tees, occurring by death, resignation or otherwise, 
shall be supplied by said parish in legal meeting 
called for that purpose, provided, however, that un- 
til such meeting be had such vacancies may be filled 
by said board of trustees. 

Sec. 3. Be it further enacted, That said trus- Ministerial Fund. 
tees, their associates and successors, shall have pow- 
er to take, hold and possess all the property now 
belonging to the said parish, or which may here- 
after accrue to the same by grant, donation or oth- 
erwise, both real and personal, in trust for the use 
and benefit of said parish as a ministerial fund, the 
net income of which shall be appropriated exclusive- 
ly towards the support of a public teacher of Chris- 
tian piety and morality in said parish, and no part 
of the principal shall be used for that purpose or 
any other. And 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 add- 
ed to the principal, then only the proceeds of the 
accumulated fund shall be thereafter expended, and 
only for the support of said public teacher. 

Sec. 4. Be it father enacted, That all grants. Grams, devises, 

, . - . , 1 • t 1 r ^'"^ donations 

devises or donations made, or which may nereaiter valid for aii pur- 
be made to the said trustees in their said capacity, 
for the use and benefit of said parish, shall be valid 
to every intent and purpose. And the said trustees 



poses. 



182 EGREMONT ACADEMY. Jan. 24, 1832. 

may hold and possess funds, consisting of real and 
personal estate, or either, for the object before spe- 
cified, the annual income of which shall not exceed 
the sum of fifteen hundred dollars, and should the 
fund, or the income thereof be used or appropriated 
by the parish or said trustees contrary to the provis- 
ions of this act, then the original donation or dona- 
tions so misused, shall belong to, and revert to the 
president and fellows of Harvard College, unless 
otherwise provided for, by the donor or deviser, in 
the conditions of his gift or devise. 
First meeting. ^^c. 5. Be itfurthev euacted, That Robert Ran- 
toul, Esq., before named, be, and he hereby is au- 
thorized 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. 

[Approved by the Governor, January 24, 1832.] 



CHAP. IX. 

An Act to incorporate the Proprietors of the Egre- 
mont Academy. 

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

of Representatives, in General Court assembled, and 

Persons incorpo- % ^^^ 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 



N. BEDFORD HARBOR. Jan, 24, 1832. 185 

Baldwin, their associates and successors be, and 
they hereby are made a body corporate, by the 
name of the Proprietors of the Egremont Academy, 
in the town of Egremont, in the County of Berk- 
shire, 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 to the purpose of education. 

Sec. 2. Be it further enacted, That said corpo- j^^y "'^''e ^y 
ration 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 Common- 
wealth. 

Sec. 3. Be it further enacted, That any one of F"^' meeting- 
the persons named in this act may call the first 
meeting of said proprietors, by giving notice there- 
of to the persons named herein, ten days previous 
to the time of holding such meeting. 

[Approved by the Governor, Jan. 24, 1832.] 



CHAP. X. 

An Act authorizing the placing of Piles and Dol- 
phins 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 wardens em= 

•^ J J ' powered, &c; 

the Port and District of New Bedford shall be em- 



184 TYNGSBOROUGH GLASS CO. Jan. 25, 1832- 

powered to cause such piles and dolphins to be 
placed on or about the bar, which is between the 
channel and the wharves in the harbor of said New 
Bedford, as in their Judgment shall be expedient to 
facilitate the passage of ships and other vessels 
across said bar. 

[Approved by the Governor, Jan. 24, 1832.] 



CHAP. XL 

An Act incorporating the Tjngsborough Glass 
Company. 

Sec. L UE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
ip^ersons incorpo 5^ ^/^^ authoritij of the Same, That Robert Brinley, 
Daniel Richardson, Calvin Thomas, Joseph Butter- 
iield, Joseph Upton, and Jonas Kendall, 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 Tyngs- 
borough, in the County of Middlesex, and for this 
purpose shall be entitled to all the powers and 
privileges, and subject to all the duties and require- 
ments 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, en- 
titled " An Act defining the general powers and 
duties of Manufacturing Corporations." 



LEVERETT PLACE BREWERY. Jan. 25, 1832. 185 

Sec. 2. Be it further enacted. That the said Sesfafe" 
corporation may lawfully hold and 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 per- 
sonal estate, the sum of fifty thousand dollars. 

[Approved by the Governor, Jan. 25, 1832.] 



CHAP. XII. 

An Act to incorporate the Leverett Place Brew^ing 
Company. 

Sec. 1. UE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Isaac Winslow, J^fi^'J*"^ incorpo- 
Edward D. Clark, and John Sowdon Jr., 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 
Leverett Place Brewing Company, for the purpose 
of manufacturing malt liquors in the city of Boston 
in the County of Suffolk ; and for this purpose shall 
have all the power, - and privileges, and shall be 
subject to all the duties and requirements, contain- 
ed and provided in and by an act passed on the 
twenty-third day of February, in the year of our 
Lord one thousand eight hundred and thirty, en- 
titled " An Act defining the general powers and 
duties of Manufacturing Corporations." 



186 HADLEY FALLS COMPANY. Jan. 25, 1832. 

auira"!^"'""' ^^^- 2- ^^ it further enacted, That the said cor- 
poration may take and hold such real estate, not 
exceeding in value the sum of thirty thousand dol- 
lars, exclusive of improvements, and such personal 
estate, not exceeding the sum of twenty thousand 
dollars, as may be suitable and convenient for car- 
rying on the manufactures aforesaid. 

{Approved by the Governor, Jan. 25, 1832.] 



CHAP. xin. 



An Act in addition to an Act to incorporate the 
Hadley Falls Company. 

Empowered to xJE U cnacted bv tJic Senate and House 

hold real and /^ n • • /^ i r^ 

personal estate, qj Representatives, in General Court assembled, and 
by the authority of the same, That the Hadley Falls 
Company be and they hereby are authorized and 
empowered to hold and possess such real and per- 
sonal estate as shall be necessary or convenient for 
the purpose expressed in their act of incorporation, 
not exceeding in the whole, the sum of eighty 
thousand dollars. 

[Approved by the Governor, Jan. 25, 1832.] 



WESTFIELD FIRE INS. CO. Jan. 26, 1832. 187 



CHAP. XIV. 



An Act to incorporate the Westfield Mutual Fire 
Insurance Company. 

Sec. 1. JL>E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, Tiiat William G. persons incorpo- 
Bates, James Fowler, Charles K. Bingham, Jehiel ^^^^'^' 
Abbott, Samuel Mather, Lewis Fowler, James 
Mosley, Horace Noble, William Atwater, Matthew 
Ives, Jr. and Frederick Fowler, Jr., their asso- 
ciates, successors and assigns, are hereby constitut- 
ed 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 twenty-five years. 

Sec. 2. Be it further enacted, That when the ^vhen subscrip- 
sum subscribed to be insured shall amount to fifty fifty Xu^sanV" 
thousand dollars, said corporation may insure for '*°"^'^- 
the term of from one to seven years, any dwelling 
house, store, or other buildings, or household furni- 
ture, against damage arising to the same by fire, to 
an amount not exceeding three-fourths of the value 
of the property insured. 

Sec. 3. Be it further enacted, That said cor- choice of of- 
poration may choose such officers and establish 
such by laws as may be deemed necessary, not re- 
pugnant to the constitution or laws of this Com- 
monwealth, and each member shall have as many 
votes as he has policies, and may vote by proxy. 

Sec. 4. Be it further enacted^ That the funds of 



188 WESTFIELD FIRE INS. CO. Jan. 26, 1832. 

said corporation shall be invested in stocks, or loan- 
ed on such security as the directors may order, 
and shall be appropriated, first to pay the expenses 
of the corporation, and next to pay the damages 
which any member may be entitled to recover on 
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 neces- 
sary on the members, in proportion to the amount 
of their premiums and deposits, but not to exceed 
double the amount of such premiums and deposits. 
Execution, how Sec. 5. Bc it furthei' enacted^ That whenever 

levied. '^ 

any member shall recover judgment against said 
corporation, he may levy his execution on their es- 
tate or funds, but if sufficient estate or funds can- 
not be found to satisfy the same, and the directors 
shall neglect or refuse, for the space of thirty days 
from the rendering such judgment, to make an as- 
sessment agreeably to the principles herein express- 
ed, and deliver the same to the treasurer of said 
corporation, and direct him to collect the same in 
the manner by said corporation pointed out to 
satisfy such execution, then, and in that case, he 
may levy the same on the private property of any 
one or more of the directors ; and any director, 
whose property may be thus taken, may sustain an 
action of the case against said corporation to re- 
cover full and adequate damages therefor. 
Policies create a ^^^^ Q j^^ ^^ further etiacted, That each policy 

lien on buildings J ' r J 

insured. q£ insurancG shall of itself, without any other cere- 

mony, create a lien on any building insured, and on 
the land under the same, and also on any other 
property insured, and this shall not prevent the 
taking of other collateral security. 



WESTFIELD FIRE INS, CO. Jan. 26, 1832. 189 

Sec. 7. Be it further enacted, That in case it 
shall become necessary to resort to the lien on the 
property insured, the treasurer shall demand pay- 
ment of the insured, or his legal representative, and 
likewise of the tenant in possession, and in case of 
non-payment, the corporation may sustain an action 
for the sum due, either on the deposit 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 re- 
demption on execution, and the owner shall have a 
right to redeem the estate by paying the costs of 
sale, the amount ot execution, and twelve per cent, 
interest thereon, within one year from said sale. 

Sec. 8. Be it further enacted, That each person 
insured, shall, after the expiration of his policy or 
policies, have a right to demand and receive from 
the corporation his share of the remaining funds, in 
proportion to the sum or sums by him actually 
paid. 

Sec. 9. Be it further enacted. That the corpo- Liable to be 

"^ ' *■ taxed. 

ration shall be liable to be taxed by any general law 
of this Commonwealth, taxing other similar insti- 
tutions, 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. 

[Approved by the Governor, January 26, 1832.] 



190 TOWN OF NEWBURYPORT. Jan. 30, 1832. 



CHAP. XV. 

An Act to repeal " An Act to secure the town of 
Newburjport from damage by fire ;" also to re- 
peal " An Act in addition to an act, entitled An 
Act to secure the town of Newburyport from 
damage by fire.'' 

xJE 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 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, entitled an act to secure the 
town of Newburj^port from damage by fire," pass- 
ed 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. 



Act repealed. 



[Approved by the Governor, January 30, 1832.] 



PLYMOUTH COUNTY INS. CO. Jan. 30, 183E 191 



CHAP. XVI. 

An Act in addition to an Act to incorporate the 
Plymouth County Mutual Fire Insurance Com- 
pany. 

Sec. 1. JjE it enacted by the Senate and House 
of Representatives iti General Court assembled, and 
bii the authoritp of the same, That the Plymouth Power of insur- 

•; Ti/r 1 -n- T /-I iiig, how far to 

County Mutual Fire Insurance Company shall be, extend. 
and hereby are authorized to insure for any term of 
time not less than one year, nor more than seven 
years, on any dwelling house or other building, and 
on any household furniture, merchandize and other 
persoiial property in any part of this Commonwealth, 
to any amount, not exceeding three fourths of the 
value of the property insured. 

Sec. 2. Be it fmiher enacted, That each policy poUcies create a 
of insurance hereafter made shall of itself, without ilfsu °ed. "' '""'' 
any other ceremony, create a lien on the buildings 
therein insured, and on the land under the same, 
and also on any other property insured, for the pre- 
mium stipulated in said policy, and of all assess- 
ments lawfully made by virtue thereof, and this 
provision shall not prevent the taking of other col- 
lateral security. 

[Approved by the Governor, January 30, 1832. 



25 



192 N. BEDF. TRIN. CHURCH. Feb. 2, 1832. 



CHAP. XVII. 



An Act to incorporate the Trinitarian Church in 
New Bedford. 

UE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
Persons incorpo- by the ttuthority of the same, That Joshua Bar- 
ker, David Briggs, Charles Coggeshall, Phinehas 
Burgess, Benjamin Thompson Junior, John C. Al- 
my, Joshua E. Gage, Alfred Kendrick, Simeon Bai- 
ley, Robert Gibbs, Frederick Reed, Richard A. Pal- 
mer, and their associates, successors and assigns, be, 
and they hereby are incorporated into a religious so- 
ciety, by the name of the Trinitarian Church in New 
Bedford, with all the privileges, powers and immu- 
nities, to which other religious societies in this Com- 
monwealth are by law entitled, and may hold, pur- 
chase and receive, by gift or otherwise, real or per- 
sonal 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 giv- 
ing public notice in one of the newspapers printed 
in New Bedford, of the time and place of said 
meeting. 

[Approved by the Governor, February 2, 1832.} 



SPRING MANUFACTURING CO. Feh. % 1832. 193 



CHAP. XVIII. 



An Act to incorporate the Spring Manufacturing 
Company. 

Sec. 1. UE it enacted hytlie Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same^ That Henry Upham, Per«)nsincoipo 
Thomas B. Coolidge, William C. Dunbar, and 
John D. Dunbar, their associates, successors, and 
assigns, be, and they hereby are, made a corpora- 
tion, by the name of the " Spring Manufacturing 
Company," for the purpose of manufacturing wool- 
len 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 hun- 
dred and thirty. 

Sec. 2. Be it further enacted, That the said J^^^J,^^"^J^p^^'- 
corporation may be lawfully seized and possessed 
of such real estate, not exceeding the value of sev- 
enty-five 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. 

[Approved by the Governor, Feb. 2, 1832.] 



194 GREENFIELD MANUF. CO. Feb. 2, 1832. 



CHAP. XIX. 

An Act to incorporate the Greenfield Manufactur-^ 
, ing Company. 

Sec. 1. oE it eiiacied by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Nathaniel E. 
raS"^'"*^*"^^" Russell, Francis Russell, Edmund Dvvight, and J. 
K. Mills, together with such other persons as may 
become associates with them, their successors and 
assigns, be, and they are hereby made a corpora- 
tion, by the name of the " Greenfield Manufactur- 
ing 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 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, entitled " an act defining 
the general powers and duties of manufacturing 
corporations." 

Real and person- Sec 2. Be it further cuacted, That said cor- 
al estate. . i i r ii • i i 

poration may be lawfully seized and possessed of 
such real estate, not exceeding in value the sum of 
fifty thousand dollars, exclusive of improvements, 
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. 

[Approved by the Governor, February 2, 1832.] 



NEWBURYPORT M. INS. CO. Feh. % 1832. 195 



CHAPTER XX. 



An Act to authorize certain persons to be agents 
and attornies for the full settlement of the affairs 
and concerns of the late Newburyport Marine In- 
surance Company. , 

Sec. 1. J3E it enacted by the Senate and House 
of Representatives in General Court assembjed, and 
by the authority of the same, That Edward S. Rand Trustees. 
and Henry Frothingham, Esquires, two of the 
stockholders of the late Newburyport Marine In- 
surance Company be, and they hereby are appoint- 
ed 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 dis- 
solution 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 ap- 
portion 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. 

Sec. 2. Be it further enacted, That the said StfiiiTaJan- 
trustees, or agents, or either of them shall have *^'"- 
power to fill any vacancy which may happen by 
reason of death, resignation, or inability of either 
of said trustees, before the concerns of said com- 
pany shall be fully closed. 

Sec. 3. Be it further enacted, That an act Repeal. 
entitled " an act to authorize certain persons to be 



196 LYING-IN HOSPITAL. Feb. 4, 1832. 

agents and attornies for the full settlement of the 
affairs and concerns of the late Newburjport Ma- 
rine Insurance Company," passed the 18th January, 
A. D. 1832, be, and the same is hereby repealed. 

[Approved by the Governor, February 2, 1832.] 



CHAP. XXI. 



An Act to incorporate the Boston Lying-in Hospi- 
tal. 



Sec. 1. xjE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
faTed*"^ '"*^°'"P°' hy 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, Joseph Lov- 
ering, Joseph Coolidge, Robert G. Shaw, Daniel 
P. Parker, George Hayward, Edward H. Bobbins, 
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 corpora- 
tion hereby created, be, and they are hereby form- 
ed into, and constituted a body politic and corpo- 
rate, under the name of the Boston Lying in Hospi- 
tal, and by that name may sue and be sued, prose- 
cute and defend suits in law or in equity to final 
judgment and execution, and shall have a common 



LYING-IN HOSPITAL. Feb. 4, 1832. 197 

seal to be by them devised, and the same may break, 
change or alter and renew at pleasure. 

Sec. 2. Be it further enacted^ That the said ^, . 

'^ ,_ ' Election of offi 

corporation may at their first, or any subsequent <=^'^^- 
meeting, choose all necessary and convenient offi- 
cers, 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 govern- 
ment of its members, and for managing its proper- 
ty, as they shall judge to be proper, not repugnant 
to the constitution and laws of this Commonwealth, 
and may suspend, disfranchise, or expel any mem- 
ber for the breach of the same. 

Sec. 3. Be it further enacted^ That the said cor- Grants, devise 
poration shall be capable to take and receive, hold, 
purchase and possess any grants and devises of lands, 
tenements, or hereditaments, in fee simple or other- 
wise, and any donations and bequests and subscrip- 
tions of money or other property, and the same, or 
any part thereof, to change, alien and convey, pro- 
vided, 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 cor- 
poration for said Lying-in Hospital shall not exceed 
the sum of ten thousand dollars, and that the per- 
sonal estate of said corporation shall not exceed in 
value the sum of two hundred thousand dollars. 

Sec. 4. And he it further enacted, That it shall change of name. 
be lawful for the said corporation, at any general 
meeting of its members, to alter or change the name 
of said corporation, either by substituting the name 
of any distinguished benefactor, who may contrib- 



198 ANDOVER BANK. Feb. 10, 1832. 

ute a sum exceeding the amount of thirty thousand 
dollars for the benefit of said corporation, and to aid 
the benevolent purposes of the institution, or by ad- 
ding the name of such benefactor to the name 
given to said corporation by this act ; and upon such 
change so as aforesaid made and notice thereof hav- 
ing 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. 

Sec. 5. And be it further enacted, That the per- 
First meeting. SOUS herein named, or any two or more of them, 
shall have power to call the first meeting of the 
members of said corporation, by giving public notice 
of the time and place of meeting, two weeks succes- 
sively in two newspapers printed in Boston. 

[Approved by the Governor, February 4, 1832.] 



CHAP. XXII. 

An Act to increase the capital stock of the Andover 

Bank. 

Sec. 1. Be it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That the president, 
directors and company of the Andover Bank be, 
and hereby are authorized and empowered to in- 
crease their present capital stock, by an addition of 
twenty-five thousand dollars thereto, in shares of 



FAIRHAVEN SAVINGS INST. Feb. 10, 1832. 199 

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 Octo- 
ber next. 

Sec. 2. Be it further enacted. That the addi- i-iabietotaxa- 
tional 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. 

Sec. 3. Be it further enacted, That, before said 
corporation 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 Commonwealth. 

[Approved by the Governor, February 10, 1832.] 



CHAP. XXIII. 



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

Sec. 1 . Be it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same. That Ezekiel Sawin, Persons incorpo. 
Asa Swift, Jr., Nathan Church, Lemuel Tripp, 
Phinehas Terry, Duncan McB. Thaxter, J. F. Ter- 
26 



200 FAIRHAVEN SAVINGS INST. Feh. 10, 1832. 

ry, 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. Whitwell, Noah Stoddard, Ja- 
bez 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, Bartholomew Taber, John How- 
land, Abner Pease, Elihu Wood, Jr., O. S. Irish, 
Arthur Cox, Rowland Gibbs, Franklin Bates, Jo- 
seph Whelden, and Sampson Perkins, and such 
other persons as may be duly elected, and their 
successors be, and they are hereby incorporated 
into a body politic, by the name of the " Fairhaven 
Institution for Savings." 

Deposits. Sec. 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 de- 
posits of money, and to use and improve the same 
for the purposes, and according to the directions 
herein mentioned and provided. 

How to be used. Sec. 3. Be it further enacted, That all deposits 
of money received by said institution shall be by 
them improved to the best advantage, and be in- 
vested in such manner as best to promote the ob- 
jects of the institution, and the income or profits 
thereof shall be by them divided among the persons 
making the said deposits, their executors, adminis- 
trators, and assigns, in just proportion, with reason- 
able 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. 



FAIRHAVEN SAVINGS INST. Feb, 10, 1832. 201 

Sec. 4. Be it further enacted, That the said Powers. 
corporation may have a common seal, which they 
may alter and renew at pleasure ; that all deeds, 
conveyances, grants, covenants, contracts and agree- 
ments, made by their treasurer, or any other person 
or persons by their authority and direction, shall be 
good and valid, and the said corporation shall, at all 
times, have power to sue, and may be sued, and 
may defend, and shall be held to answer by the 
name aforesaid. 

Sec. 5. Be it further enacted, That the said cor- Members. 
poration 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 thereof, three months prior, may, at any 
annual meeting of said corporation, withdraw and 
forever dissolve his connexion with the same. 

Sec. 6. Be it further enacted, That the said cor- piaceofmeet. 
poration shall 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 January annually, shall have 
power to elect by ballot, a president, and 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 office respectively. 



202 



FAIRHAVEN SAVINGS INST. Feb. 10, 1832. 



Statement of 
affairs. 



May make by 
laws. 



First meeting. 



Sec. 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 examined by them under oath concerning the 
same. 

Sec. 8. Be it further enacted^ That the said cor- 
poration shall have power to make by-laws for the 
more orderly managing of their concerns ; provided 
the same are not repugnant to the constitution and 
laws of this Commonwealth. And the legislature 
may at any time make such further regulations for 
the government of the said institution, as they may 
deem expedient. 

Sec 9. Be it further enacted, That any one of 
the persons 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 corpora- 
tion, at least ten days before the day ot said meet- 
ing- 



[Approved by the Governor, February 10, 1832.] 



WALCOTT MANUF. CO. Feb. 15, 1832. 203 



CHAP. XXIV. 



An Act to incorporate the Walcott Manufacturing 
* Company. 

Sec. 1. JoE it enacted by the Senate and House 
of Representatives in General Court assembled^ and 
by the authority of the same, That Edward Walcott, Persons mcorpo- 
Matthias Armsby, and John Wetherell, 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 " Walcott Manufacturing Company," 
for the purposes of manufacturing cotton, at Paw- 
tucket, in the county of Bristol, and for this pur- 
pose shall have all the powers and privileges, and 
shall be subject to all the duties and requirements 
contained and provided, respecting such 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 duties of manufacturing 
corporations." 

Sec. 2. Be it further enacted, That said cor- Real and person- 
poration may take and hold such real estate at said 
Pawtucket, not exceeding in value the sum of fifty 
thousand dollars, and such personal estate, not ex- 
ceeding in value a like sum, as may be suitable and 
convenient for carrying on the manufacture afore- 
said. 

[Approved by the Governor, February 15, 1832.] 



204 EDGARTOWN HARBOR. Feh. 15, 1832. 



CHAP. XXV. 

An Act authorizing Thomas Mayhew, 2d, to con- 
struct a Wharf in the Harbor of Edgartown. 

JqE it ejiacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Thomas May- 
hew, second, be, and he hereby is authorized and 
allowed to build a wharf in the harbor of Edgar- 
town, in Dukes County, below low water mark, 
adjoining his land, into the channel of said harbor, 
until said wharf shall be extended to where there 
may be a depth of water equal to that at the other 
wharves now erected in said harbor, 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, and 
accommodation of said wharf: Provided, that this 
grant shall in no wise interfere with the legal rights 
of any other person or persons whatever. 

[Approved by the Governor, February 15, 1832.] 



RANDOLPH MINIST. FUND. Feb. 15, 1832. 205 



CHAP. XXVI. 



An Act incorporating the Trustees of the Minis- 
terial Fund of the First Congregational Parish in 
Randolph. 

Sec. 1. ijE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Ebenezer Alden, Persons incorpo- 
Rojal Turner, John Mann, John Wales, James 
Littlefield, and John Belcher, and their successors, 
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 judg- 
ment and execution, and to have power and au- 
thority to hold either real or personal estate, or 
both, the income at six per centum not to exceed 
the sum of fifteen hundred dollars per annum. 

Sec. 2. Be it further enacted, That the said Trustees lo 

•^ choose omcers. 

trustees shall have power to appoint from among 
themselves, annually, a chairman, 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 faithful discharge of the duties of his office, 
and that the treasurer shall give bond to the inhab- 
itants of the first congregational parish aforesaid, 
for the faithful performance of his trust. 

Sec. 3. Be it further enacted, That the said By-iaws. 



206 RANDOLPH MINIST. FUND. Feh. 15, 1832. 

trustees shall have power to make, adopt, and exe- 
cute all reasonable by-laws and regulations for the 
government of said corporation, not repugnant to 
the constitution or laws of this Commonwealth, 
subject to the approval of the parish. 
Trustees divided Sec. 4. Bt it further encictcd, That the said 

into classes. ^ ^• • ^ -t • ^ ii -i 

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 meeting in March or April, in the 
same manner parish officers are chosen ; and when- 
ever any vacancies shall occur in said board of 
trustees by death, resignation, or removal, the said 
parish at any meeting legally warned for that pur- 
pose may lill 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 trus- 
tees, by a major vote, shall have power to fill such 
vacancy. 
i*ower of Trus- ^^^' ^' ^^ ^^ further enacted, That the said 
trustees shall have full power to receive and re- 
cover 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 hereinafter provided, 
and appropriate the income annually, according to 
the will of the donors, and to no other purpose. 
Provided, if at at any future period, said parish 
shall fail to be supplied with a pastor, then the said 
trustees shall, during the continuance of such va- 
cancy, apply the income as aforesaid towards ia- 



tees. 



RANDOLPH MINIST. FUND. Feh. 15, 1832. 207 

creasing the principal of said iund, and the same 

invest until the interest of said fund shall amount 

to the sum of fifteen hundred dollars annually. 

Providing nevertheless^ that if anj'future subscription, 

appropriation, donation, or bequest, should be made 

to the said fund, the trustees shall appropriate 

either the principal or interest of such subscription, 

appropriation, donation, or bequest, in conformity 

with the conditions under which they may be 

made. 

Sec. 6. Be it furttier enacted, That the said Trustees lo re- 
port annually. 

trustees, by their treasurer, shall exhibit to the said 
parish annually in the months of March or April, an 
accurate account of their doings, expressing all re- 
ceipts and disbursements during the year, with an 
accurate statement of the amount and nature of 
the said fund ; and the said parish may appoint au- 
ditors 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 disburse- 
ments, 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 man- 
agement and disposition of the said fund, for ade- 
quate damages ; 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. 

Sec. 7. Be it further enacted, That the two First n,eetiug:. 
trustees first abovenamed, be, and are hereby au- 
thorized, to call the first meeting of the said cor- 
poration, by posting a notice at the meeting house 
of said parish, seven days at least prior to said 
meeting, and that all future meetings of said corpo- 
27 



208 CHATHAM HARBOR. Feb. 15, 1832. 

ration, after the first, shall be called in such way 
and manner as said trustees may direct. 

[Approved by the" Governor, February 15, 1832.] 



CHAP. XXVH. 



An act to improve Chatham Harbor. 

JBE 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 in- 
habitants 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. 

[Approved by the Governor, February 15, 1832.] 



NEWBURY METH. SOC. Feb. 15, 1832. 209 



CHAP. XXVIII. 

An Act to incorporate the First Methodist Episco- 
pal Society in West Newbury and Newbury. 

13 E 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 Gould, Sime- rated. ' '"'^ 
on Pilesbury, William W. Perry, Giles Woodman, 
Joseph I. Bayley, David Clefford and Samuel Stick- 
ney, 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 First Me- 
thodist Episcopal Society in West Newbury and 
Newbury, with all the powers and privileges to 
which other religious societies are entitled by the 
constitution and laws of this Commonwealth, and 
Micajah Poor is hereby authorized to call the first 
meeting of said society, by posting up his notice at 
the 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. 

[Approved by the Governor, February 15, 1832.] 



210 N. BEDFORD l^ORT SOCIETY. Feb. 15, 1832. 



CHAP. XXIX. 



An Act to incorporate the New Bedford Port Soci- 
ety for the moral huprovement of Seamen. 

Sec. 1. ISE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 

rated. bif the authority of the same, That Samuel Rod- 

man, Jr., James Arnold, Sylvester Holmes, John 
Howland, Jr., Jonathan Tuttle, Timothy I. Dyre, 
Charles W. Morgan, Orville Dewey, Jared Park- 
hurst, William H. Taylor, John Coggeshall and Ne- 
hemiah Leonard, their associates and successors, 
be, and they hereby are incorporated, by the name 
of the New Bedford Port Society, for the moral im- 
provement of seamen, with power to make by laws 
and regulations for their own government, and the 
management of the concerns of the society, not in- 
consistent with the laws of this Commonwealth, 
and to take, hold and receive, by gift or otherwise, 
real and personal estate, not exceeding fifty thou- 
sand dollars in value, and the same to sell and con- 
vey, if necessary, the income thereof to be applied 
to the religious, moral and professional instruction 
of seamen, in such manner as the society shall di- 
rect. 

Election of offi- Sec. 2. Be it further enacted, That the offi- 
cers of said society shall be a president, two vice 
presidents, a recording secretary, corresponding 
secretary, treasurer, and such number of managers 
not exceeding twenty, as the society may determine 
to elect. And James Arnold and Samuel Rodman 



cers. 



BERKLEY MINIST. FUND. Feb. 16, 1832. 211 

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. 

[Approved by the Governor, February 15, 1832.] 



CHAP. XXX. 



An Act in further addition to an Act entitled " an 
Act to incorporate the trustees of the Ministerial 
Fund in the town of Berkley." 

Sec. 1. oE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That, whenever any Trustees author- 
person, who shall be hereafter appointed a trustee c^es/° 
of the Ministerial Fund in the town of Berkley, 
shall withdraw from the First Congregational Soci- 
ety in said Berkley, he shall be considered as re- 
signing his office of trustee, and the vacancy thereby 
made shall be filled from the members of said soci- 
ety. 

Sec. 2. Be it further enacted, That, whenev- 
er any vacancy shall happen by death or resigna- 
tion, such vacancy shall be filled from the members 
of the aforesaid society. 

Sec, 3. Be it further eriacted, That the said ;^P„7yP^'^"°" "' 
First Congregational Society shall have power at 
their annual meetings to appropriate so much of 
their ministerial fund, not exceeding the annual 



212 IPSWICH CANAL. Feb. 16, 1832. 

interest thereof, as they shall think expedient, to 
the payment of the salary of their minister. 
Repeal. Sec. 4. Be it further enacted, That so much of 

the act to which this is in addition, as is inconsist- 
ent with the provisions of this act, be, and the same 
is hereby repealed. 

[Approved by the Governor, February 16, 1832.] 



CHAP. XXXI. 



An Act to empower the " Ipswich Manufacturing 
Company" to construct a canal in Ipswich. 

JjE it enacted hy the Senate and House 

of Representatives in General Court assembled, and 

Empowered to jjy iJiq authoritv of tJic samc, That the said corpora- 
construct a ca- •^ J xj ' i 

"^i- tion be, and they hereby are authorized and em- 

powered 10 make and construct a canal of conveni- 
ent 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 extending to the 
Cove, so called, and terminating on land belonging 
to said corporation. Provided, however, that if the 
said canal shall 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 Commission- 
ers of the county of Essex. Provided further, that 
the said canal shall not enter into, or pass through 



CHARLESTOWN DOCK CO. Feb, 16, 1832. 213 

the land of any person or persons, without the con- 
sent of said person or persons being first obtained. 

[Approved by the Governor, February 16. 1832.] 



Persons incorpo- 



CHAP. XXXII. 

An Act to incorporate the Charlestown Dock Com- 
pany. 

Sec. 1. XjE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That John Skinner, 
Nathaniel Austin, Benjamin Brintnall, and William "^a'ed 
B. Swett, their associates, successors 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 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 general powers and duties of 
manufacturing corporations. " 

Sec. 2. Be it further enacted, That said corpo- Real and per- 
ration may take and hold such real estate, not ex- 
ceeding in value the sum of seventy five thousand 
dollars, and such personal estate not exceeding in 
value the further sum of seventy five thousand dol- 



214 MAYHEW'S WHARF. Feb. 16, 1832. 

lars. as may be necessary and convenient for carry- 
ing on the business aforesaid. 

[Approved by the Governor, February 16, 1832.] 



CHAP. XXXIII. 



An Act confirming the location of a Wharf in Ed- 
gartown called Mayhew's Wharf. 

13 E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Joseph Mayhew, 
Mayhew's wharf, and Joscph V. Kcllcy, bc, and they hereby arc au- 
thorized and allowed to continue and maintain the 
wharf called Mayhews W^harf, situated in the har- 
bor of said Edgartown, 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 grant- 
ed, 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 no wise interfere with the legal 
rights of any other person or persons whatever. 

[Approved by the Governor, February 16, 1832.] 



FREDONIAN MANUF. CO. Feb. 16, 1832, 215 



CHAP. XXXIV. 



An Act to incorporate the Fredoniaii Manufactur- 
ing Company. 



Sec. 1. JlSE it enacted by the Senate and House 
vf Representatives in General Court assembled, and 
by the authority oj the same, That Israel Longley, persons mcorpo- 
Augustus G. Parker, Willard Worcester, and Samp- 
son 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 Manufactu- 
ring Company, for the purpose of manufacturing 
cotton goods in the town of Shirley 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 cor- 
porations." 

Sec. 2. Be it further enacted, That the said cor- Real and persdi^ 
poration may take and hold such real estate, not ex- 
ceeding in value the sum of twenty thousand dol- 
lars, exclusive of improvements, and such personal 
estate, not exceeding in value^ forty thousand dollars, 
as may be suitable and convenient for carrying on 
the manufacture aforesaid. 

[Approved by the Governor, February 16, 1832.] 

28 



216 CITY WHARF. Feb. 16, 1832. 



CHAP. XXXV. 



An Act to change the name of the Saxon Cotton 
and Woollen Factory. 

J3E it enacted hy the Senate and House 
of Representatives in General Court assembled, and 
Name altered, j^y ^j^^ authority of the Same, That the corpora- 
tion established by an act of this Commonwealth 
by the name of the Saxon Cotton and Woollen Fac- 
tory shall hereafter assnme and have the corporate 
name of the Saxon Factory, and with that name 
shall be subject to all the duties and liabilities, and 
entitled to all the powers and privileges of the Sax- 
on Cotton and Woollen Factory. 

[Approved by the Governor, February 16, 1832.] 



CHAP, XXXVI. 



An Act to incorporate the " Lessees of the City 
Wharf" in Boston. 

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

Persons incorpo- by the authority of the same. That William B. 

'"'''^- Reynolds, David R. Griggs, Aaron D. Weld, Jr., 

John Kendrick, Rufus Kendrick, and John A. 
Mc Gaw, and others, their associates, successors 



CITY WHARF. Feb. 16, 1832. 217 

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 management of the Wharf 
Estate and appurtenances which they hold as ten- 
ants under the city of Boston, for the term of twen- 
ty years from the first day of September, one chou- 
sand eight hundred and thirty two, and generally 
to do and execute whatever by law does or may ap- 
pertain to bodies politic and corporate under the 
constitution and laws of this Commonwealth. 

Sec. 2. Be it further enacted, That the said water rights, 
corporation be and the same hereby is declar- 
ed and made capable in law to have, hold and pos- 
sess 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 privi- 
leges connected therewith : provided, that the law- 
ful proprietors thereof shall legally convey the same 
to said corporation. And said corporation shall 
have power to sell and alien their corporate proper- 
ty, 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. 

Sec. 3. Be it further enacted, That said corpora- shares. 
tion, at any legal meeting, may agree upon the num- 
ber of shares into which their estate in the premises 
shall be divided, and agree upon the forms of the 



218 



CITY WHARF. 



Feb. 16, 1832 



Assessments. 



certificates to be given to the proprietors, which 
shares shall be deemed and considered as personal 
estate, and shall be transferable bj endorsement up- 
on the certificate, recorded bj 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. 

Sec. 4. Be it further enacted, That the said 
corporation shall have power to assess on the sever- 
al members thereof, from time to time, such sums of 
money as may be deemed necessary to efTect 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 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 as- 
sessment 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 giv- 
en by the clerk or secretary to each member of said 
corporation in hand, designating, in writing, the 
time, place and purpose thereof. 
Assessments to Sec. 5. Be it further enacted. That after an 

be paid before i n i i i • i i i r 

giving a eeriifi- assessmcut shall have been laid on the snares or 

cale. 

this corporation, no assignee of any share shall be 
entitled to a certificate in his own name 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 



CITY WHARF. Feb. 16, 1832. 219 

shares whereon anj assessment shall be due and 
unpaid, notwithstanding any assignment thereof by 
the delinquent proprietor. 

Sec. 6. Be it further enacted, That said corpora- Firsi meeting. 
tion may be called together and organized at any 
meeting of the persons mentioned in the first section 
of this act, the same being advertised 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 afterwards 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 majority in 
number and value of the stockholders in said cor- 
poration. 

Sec. 7. Be it further enacted. That in all meet- Each member 

p • -\ • 11 • entitled to one 

mgs or said corporation, each member or proprietor v«ie for every 

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. 

Sec. 8. Be it further enacted. That said corno- corporation, 

'■ how long to con- 
ration shall continue until the first day of January, ''""e. 

which will be in the year of our Lord one thousand 
eight hundred and fifty three, unless sooner dissolv- 
ed by authority of the General Court, or in other 
lawful manner. 

Sec. 9. Be it farther enacted, That the whole Capital stock. 
number of shares of the corporate stock of said 
lessees, shall not exceed five hundred, and the stock 



220 PATUCKET MANUF. CO. Feb. 16, 1832. 

holders in said corporation shall be liable, in their 
individual persons and estate, for all debts and lia- 
bilities of the said corporation. ^ 

[Approved hy the Governor, Februarj 16, 1832.] 



CHAP. XXXVJI. 



An Act to incorporate the Patucket Manufactur- 
ing Company. 

Sec. 1. JjE it enacted by the Senate andHouse 
of Representatives in General Conrt assembled, and 
by the authority of the same, That David R. Griggs, 

Persons incDipo- Aaron D. Weld, Jr., Stephen Goodhue, and Thomas 
P. Goodhue, their associates, successors and assigns, 
be, and they hereby are, made a corporation, by the 
name of the " Patucket Manufacturing Compa- 
ny," 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 re- 
quirements 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." 

Capital stock. Sec. 2. Be it further e7iacted, That the capital 

stock of said corporation shall not exceed one hun- 
dred thousand dollars ; and it may be lawfully seiz- 
ed and possessed of such real estate, as may be 



FRANKLIN COAL CO. Feb. 16, 1832. 221 

necessary and convenient for the purposes afore- 
said, not exceeding in value the sum of fifty thou- 
sand dollars. 

[Approved by the Governor, February 16, 1832.] 



CHAP. XXXVIII. 

An Act to incorporate the Franklin Coal Companji. 

Sec. 1. xjE it enacted by the Senate and House 
of Rejiresentatives in General Court assembled, and 
by the authority of the same, That William Lyman, persons incorpo- 
Robert Ralston, Jr., George Gregory, and their 
associates, successors, and assigns, be, and they 
hereby are, made a corporation by the name of the 
" Franklin Coal Company," for the purpose of dig- 
ging, or otherwise procuring, and vending coals ; 
and shall have all the pov^ers 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 defin- 
ing the general powers and duties of manufacturing 
corporations." 

Sec. 2. Be it further enacted, That the said Real and per- 

>-' sonal estate. 

corporation may law^fully hold such real estate, not 
exceeding in value one 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. 

Sec. 3. Be it further enacted, That the certifi- First meeting. 



222 ETNA INSURANCE CO. Feb, 18, 1 

cates respecting the capital stock, required by the 
aforesaid act, to be filed and recorded in the regis- 
try of deeds, shall be made by the officers of this 
corporation, and shall be filed and recordt^d in the 
registry of deeds, for the county of Suffolk. And 
the first meeting 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 publica- 
tion in some newspaper printed in Boston, fourteen 
days at least before the time of meeting. 

[Approved by the Governor, February 16, 1832.] 



CHAPTER XXXIX. 



An Act to change the name of the Etna Insurance 
Company in Boston, and for other purposes. 

Sec. 1. -OE it enacted by the Senate and House 
of Representatives in General Court assembled^ and 
by the authority of tJie same, That the corporation 

Chatngebfnime. jjow known by the name of the Etna Insurance 
Company, shall be allowed to take the name of the 
National Insurance Company. 

Powers. Sec. 2. Be it further enacted, That the said cor- 

poration, 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 re- 
strictions granted and contained in the act, entitled 
" an act to incorporate the Etna Insurance Com- 



ETNA INSURANCE CO. Feb. 18, 1832. 223 

pany, in 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. 

Sec. 3. Be it further enacted, That after either insiaiments, how 

•^ eollected. 

of the instalments of the capital stock of said com- 
pany shall become due and payable, the term of 
thirty days shall be allowed for collecting and com- 
pleting 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 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 cap- 
ital stock shall be paid in at the times named in 
said act, or within thirty days after ; and shall be 
invested and secured in the like ample manner as is 
provided in the said act, for the investment and se- 
curity of the whole capital stock, when fully paid 
in : ayid provided further, that the company shall 
never take on any one risk, a sum exceeding ten 
per centum on the capital stock of said company, 
actually paid in. 

Sec. 4. Be it further enacted, That if any sub- 
scriber to the stock 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 com- 
pany shall have power to sell and dispose of so 
many of the shares of such subscriber or stockhold- 
er, either at public or private sale, as shall be suf- 
ficient to pay the amount due from him to the com^ 
29 



224 HAMP. k BERK. TURN. COR. Feb. 20, 1832. 

pany, with interest, and all necessary and incidental 
charges ; provided, ten days notice shall first have 
been given to such delinquent subscriber or stock- 
holder, 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. 

[Approved by the Governor, February 18, 1832.] 



Corporation to 



CHAP. XL. 

An Act, in addition to An Act to establish the 
Hampden and Berkshire Turnpike Corporation. 

Sec. 1. JjE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority .of the same. That the Hampden 
aiteriheir road, and Berkshire Turnpike Corporation, be, and here- 
by are authorized and empowered to make the fol- 
lowing 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 direc- 
tion, about forty rods, until it again meets the 
turnpike, and also at a point in said road about for- 
ty 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 advantageous 



NIX'S MATE. Feh. 20, 1832. 225 

ground, until it again meets the turnpike, on the 
cleared land of Jacob Loomis. And whenever said 
alterations shall be. made and accepted bj the com- 
mittee that shall be appointed for that purpose, so 
much of the present turnpike as lies between the 
points of intersection with the contemplated altera- 
tions, shall be discontinued. 

Sec. 2. Be it further enacted, That in locating Corporation sub- 
and constructing said road, the Hampden and Berk- 
shire Turnpike Corporation shall be subject to all 
the duties, obligations, and requirements of the act 
defining the general powers and duties of turnpike 
corporations, and of the act to which this is in 
addition. 

[Approved by the Governor, February 20, 1832.] 



CHAP. XLI. 

An Act to cede to the United States the jurisdic- 
tion of Nix's Mate. 

X>E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That the jurisdiction Ceded to u.s, 
of Nix's Mate, in the harbor of Boston, and the 
soil thereof, being the property of this Common- 
wealth, be, and hereby is, granted to the United 
States of America, for the purpose of erecting a 
Beacon on the same, the Commonwealth to retain 
concurrent jurisdiction with the United States in 



226 



Proviso, 



MILTON MINIST. LAND. 



Feb, 20, 1832. 



and over said land, so far that all civil and criminal 
processes issued under the authority of this Com- 
monwealth, 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 man- 
ner as if the jurisdiction had not been granted as 
aforesaid. Provided, that the 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. 



[Approved by the Governor, February 20, 1832.] 



CHAP. XLII. 



An Act to authorize the sale of ministerial land by 
the First Congregational Parish in Milton. 



Empowered to 
sell land. 



oE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That the First Con- 
gregational Parish in Milton, be, and hereby is, au- 
thorized and empowered to sell and execute a deed 
or deeds (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 autho- 
rized by said parish, order and direct : Provided 



PROSPECT HILL OBS. ASSO. Feh. 20, 1832. 227 

however, 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. 

[Approved by the Governor, February 20, 1832.] 



CHAP. XLHL 

An Act to incorporate the Prospect Hill Observa- 
tory Association, in New Bedford. 

Sec. 1 . X3E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Stephen Merri- Persons incorpo- 
hew, Wm. H. Foster, Oliver Swain, and John Bai- 
ley, their associates and successors be, and hereby 
are incorporated, by the name of the " Prospect 
Hill Observatory Association," in New Bedford, 
with power to erect a building, and establish there- 
in a transit and telescope, for making celestial 
and terrestrial observations, and for other scien- 
tific 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 nature, 
consistent with the laws of this Commonwealth. 

Sec. 2. Be it further enacted. That said cor- Real and person- 

^ ' al estate. 

poration may 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. 



228 TAUNTON G. RIVER FISH. Feb. 20, 1 8S2. 

First meeting. Sec. 3. Be it further enacted, That Stephen 
Merrihew shall call the first meeting of said asso- 
ciation, by giving notice thereof, in one of the 
newspapers printed in New Bedford, five days at 
least before the time of said meeting. 

[Approved by the*^ Governor, February 20, 1832.] 



CHAP. XLIV. 



An Act in addition to an Act to regulate the Fish- 
ery in Taunton Great River. 

Sec. 1. JdE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That from and after 
Regulations of the passiug of this act, any person or persons, who 
shall have purchased, or hereafter shall purchase, 
any privilege or privileges of catching shad and ale- 
wives, in Taunton Great River, (the purchaser or 
purchasers of the privilege of the town of Somer- 
set excepted,) and who shall have selected and lo- 
cated, 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 the Segregansett river, (so 
called,) in the town of Dighton, shall have the 
right, and it shall be lawful, for any such person or 



TAUNTON G. RIVER FISH. Feb. 20, 1832. 229 

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. 

Sec. 2. Be it further enacted^ That the pur- Purchasers of 
chaser or 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 Segregan- 
sett river, shall be subject to, and shall regulate and 
govern himself or themselves, in the use of such 
privilege or privileges, by all the provisions and re- 
quisitions of an act entitled " 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, ex- 
cept so far as the same are inconsistent with the 
provisions of this act. 

[Approved by the Governor, February 20, 1832.] 



230 N. BED. M. RAILW. & WF. CO. Feh. 20, 1832. 



CHAP. XLV. 



An Act to incorporate the New Bedford Marine 
Railway and Wharf Company. 

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

^ater^ '"<^°^P°- John C. Haskell, and their associates, successors^ 
and assigns, be, and they hereby are, constituted a 
body politic and corporate, by the name of the 
" New Bedford Marine Railway and Wharf Com- 
pany ;" and said corporation are hereby made capa- 
ble in law to sue and be sued, implead and be 
impleaded, to have a common seal, and the same to 
alter and renew at pleasure, to make rules and by- 
laws for the regulation and management 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. 

Real and per- Sec. 2. Be it further enacted, That said cor- 

sonal cslale. . ., iii-iiii i 

poration be, and hereby is, declared and made capa- 
ble to have, hold, and possess, the following de- 
scribed real estate, viz. : the island known and de- 
signated by the name of Fish Island, lying in 
Acushnet 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 provisions contained in the 



N. BED. M. RAILW. & WF. CO. Feb. 20, 1832. 231 

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, entitled, " an act to author- 
ize the owners of lots of land adjoining on Acush- 
net 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, however, 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. 

Sec. 3. Be it further enacted, That said corpo- Real and person- 
ration shall have power to hold real and personal 
estate, not exceeding fifty thousand dollars in valucj 
appertaining to the above described premises. 

Sec. 4. Be it further enacted, That George First meeting. 
Randall shall have power to call the first meeting 
of said corporation, by giving personal notice of the 
time and place thereof, ten days at least previous 
to said meeting ; and the corporation, at such meet-^ 
ing, may prescribe the mode of calling future meet- 
ings, and may elect such officers as they may deem 
necessary for managing their corporate afifairs. 

[Approved by the Governor, February 20, 1832.] 
30 



232 PAWTUCKET ACADEMY. Feb. 20, 1832. 



CHAP. XLVl. 



An Act to incorporate the Pawtucket Academy. 

Sec. 1. JjE it eiiaded by the Senate and House 

of Representatives in General Court assembled^ and 

by the authority of the same, That James C. Stark- 

Persons incorpo- wcathcr, Lamed Pitcher, Asa T. Hopkins, Edward 

ratea. 

Walcott, Lyman Claflin, Dwight Ingraham, Amos 
A, Tillinghast, and John Burbank, their associates 
and successors, be, and they hereby are, incorporat- 
ed, as the " Pawtucket Academy," in the town of 
Pawtucket, in the county of Bristol, with power to 
hold real estate, not exceeding in value eight 
thousand dollars, and personal estate, not exceeding 
in value twelve thousand dollars, to be devoted ex- 
clusively to the purposes of education. And said 
corporation shall have all the powers usually inci- 
dent to similar corporations, and may make all ne- 
cessary by-laws, not repugnant to the constitution 
and laws of this Commonwealth. 
First meeting. Sec. 2. Bc it further enacted, That any two 
of the persons named in this act may call the first 
meeting of said corporation, by giving notice of the 
time and place, seven days at least previously there- 
to, in a newspaper printed in Pawtucket, in the 
State of Rhode Island. 

[Approved by the Governor, February 20; 1832.] 



BELLINGHAM, &c. DIV. LINES. Feb. 23,1832. 233 



CHAP. XLVII. 



An Act in addition to an act to incorporate the 
Hampshire and Hampden Canal Company. 

13 E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That the time allow- 
ed for the completion of the Hampshire and Hamp- 
den 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 hundred and twenty-three, be, 
and the same is hereby extended to the first day of 
January, one thousand eight hundred and thirty- 
five. 

[Approved by the Governor, February 20, 1832.] 



CHAP. XLVIII. 

An Act to straighten the dividing lines of Belling- 
ham, Franklin, and Medway. 

Sec. 1 . oE z7 enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same. That the dividing line 
between the towns of Bellingham and Franklin in 
the county of Norfolk is hereby straightened and 



234 BELLINGHAM, kc. DIV. LINES. Feb. 23, 1 

Dividing lines established as follows, viz : beginning at the north- 

straighlened, ... . 

erly end of said line in the centre of the channel of 
Charles river opposite the central line of Hoppins 
river, (so called) thence running up stream in said 
channel one hundred and fifteen rods to a stone mo- 
nument on the southerly side of said river, thence 
running 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 direction one 
hundred and fifty five rods to another stone monu- 
ment, 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 
monument, thence south twenty degrees west one 
hundred and fifty five rods to another stone mon- 
ument, thence in the same direction 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 de- 
grees 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 mo- 
numents being marked on the westerly sides with 
the capital letter B., and on the easterly sides with 



HOOSAC RAIL ROAD CO. Feb. 25, nS2. 235 

the capital letter F.) and the said line shall be for- 
ever hereafter considered the dividing line between 
said towns. 

Sec. 2. Be it further enacted, That a part of J;]"^ straighten, 
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 estab- 
lished as follows, viz. : beginning at the stone mon- 
ument on the easterly side of the road leading by 
the dwelling houses of Samuel Partridge in said 
Medway, and James Metcalf in said Franklin, at the 
corner of Whiting Metcalf's land, thence running 
easterly in a straight course to another stone monu- 
ment at the line of the town of VVrentham (the said 
monuments being marked on the southerly sides 
with the capital 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 be- 
tween said monuments. 

[Approved by the Governor, February 23, 1832.] 



CHAP. XLIX. 

An Act to establish the Hoosac Rail or Mc Adam- 
ized Road Company. 

Sec. 1. Be it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That David Anthony, persons incorpo- 

rated. 



236 HOOSAC RAIL ROAD CO. Feb. 25, 1832. 

Persjjnsincorpo- ^elotus Richmond, Caleb Brown, Nathan Putnam, 
Henry Raymond, Alpheus Smith, Giles Tinker, Ab- 
ner Perry, Caleb B. Turner, George Whitman, 
Thomas Robinson, David Smith, Cyrus Sales, Tho- 
mas Farnham, William E. Brayton, Russel Brown, 
Samuel Ingols, Warner Farnum, Nathan Willis, 
Isaac U. Hoxie, John L. Barker, and Liberty Bow- 
ker, their successors, associates and assigns, be, and 
they hereby are made a body politic and corporate, 
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, 
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 
hereinafter set forth. And the said corporation are 
hereby authorized and empowered to locate, con- 
struct, and finally 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 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 



HOOSAC RAIL ROAD CO. Feh. 25, 1832. 237 

secuiity 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 hereinafter provided. 

Sec. 2. Be it further enacted, That the capi- Capital stock. 
tal stock of said corporation shall consist of six 
thousand shares, of one hundred dollars each, and 
the immediate government and direction of the af- 
fairs of the said corporation shall be vested in five di- 
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 w^hom 
shall form a quorum for the transaction of business, 
shall elect one of their ovi^n 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 corporation 
with sureties to the satisfaction of the directors in 
a sum not less than twelve thousand dollars for the 
faithful discharge of his trust. 

Sec. 3. Be it further enacted, That the pres- powers. 
ident and directors 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, con- 
structing, 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 



238 



HOOSAC RAIL ROAD CO. Feb. 25, 1832. 



Assessments. 



By-laws. 



necessary things in the name of the corporation, for 
the use of the said road ; to make such equal assess- 
ments, 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 asssessments, 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 subscriber shall be held ac- 
countable to the corporation for the balance, if his 
share or shares shall sell for less than the assess- 
ments due thereon, v\'ith the interest and costs of 
sale, and shall be entitled to the overplus, if his 
share or shares shall sell for more than the assess- 
ments 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. 

Sec. 4. Be it further enacted, That the said 
corporation shall have power to make, ordain and 
establish all such by-laws, rules, regulations and or- 
dinances, as they shall deem expedient and neces- 
sary to accomplish the designs and purposes, and to 
carry into effect the provisions of this act, and for 
the well ordering, regulating and securing the inter- 
ests and affairs of the corporation. Provided the 
same be not repugnant to the constitution and laws 
of the Commonwealth. 



HOOSAC RAIL ROAD CO. Feb. 25, 1832. 239 

Sec. 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 convey- 
ed or transported upon said road, at such rates per 
mile as may be agreed upon and established from 
time to time by the directors of said corporati(m ; 
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 con- 
formity to such rules, regulations and provisions as 
the directors shall, from time to time, prescribe and 
direct ; and said road may be used by any persons 
who shall comply with such rules and regulations, 
provided however^ that if, at the expiration of four Proviso. 
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 calcu- 
lation, shall have amounted to more than ten per 
cent per annum upon the cost of the road, the Le- 
gislature may take measures to alter and reduce the 
rate of tolls arid other profits, in such manner as to 
take off the overplus for the next four years, calcu- 
lating 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. 

Sec. 6. Be it further ewadec?. That the direc- jj^^^^j^^^^,^,, 
tors of said corporation, for the time being, are here- iToSe^'s''*^ 
by authorized to erect toll-houses, establish gates, To^f^'Srer'sf 
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 secre- 

31 



240 HOOSAC RAIL ROAD CO, Feb. 25, 1832. 

tary of the Commonwealth, under oath, of their acts 
and domgs, receipts and expenditures, under the 
provisions of this act, and the books of the said cor- 
poration shall, at all times, be open to the inspec- 
tion of any committee of the Legislature appointed 
for that purpose. 
Damages. g^c, 7. j^q {( 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 or 
macadamized 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. 
Sec. 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 road, the 
husband of such femme covert, and the guardian of 
such infant, or person non compos mentis, may re- 
lease 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. 
Forfeiiure for in- ^^^' ^* ^^ *^ furthcr cuacted. That, if any per- 
ibnoTrairroad ^^"^ s\^^\\ wilfully, maliciously, or wantonly, and 
contrary to law, obstruct the passage of any car- 
riage 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 imple- 
ments to be employed in the construction, or for the 
use of the said road, he, she, or they, or any per- 
son or persons assisting, aiding, or abetting in such 
trespass, shall forfeit and pay to said corporation, 
for every such offence, treble such damages as shall 



HOOSAC RAIL ROAD CO. Feb. 25, 1832. 241 

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 wliom 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 ofiences, con- 
trary 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 exceed- 
ing 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 con- 
viction may be had. 

Sec. 10. Be it further enacted, That the annual Annual meeting, 
meeting of the members of said corporation shall 
be holden on the first Wednesday of January, at 
such time and place as the directors for the time 
being shall appoint, at which meeting, five directors 
shall be chosen by ballot, each proprietor being en- 
titled to as many votes as he holds shares : provid- 
ed, 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 corpora- 
tion, 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. 

Sec. 11. Be it further enacted, That if the said i*" '■a'' '°^'^ ^ross 

'^ ' any highway ivc. 

rail or macadamized road, in the course thereof, h""" ."i ^e cou- 

' slructed. 

shall cross any private way, the said corporation 



242 HOOSAC RAIL ROAD CO. Feb. 25, 1832. 

shall so construct said rail or macadamized 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 there- 
of, cross any canal, turnpike, or other highway, the 
said rail or macadamized road shall be so construct- 
ed, as not to impede or obstruct the safe and con- 
venient use of such canal, turnpike, or other high- 
way ; and the said corporation shall have the power 
to raise or lower such turnpike, highway, or private 
way, so that the rail or macadamized road, if neces- 
sary, may conveniently pass over or under the 
same ; and if said corporation shall raise or lower 
any such turnpike, highway, or private way, pursu- 
ant 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 re- 
quire 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 where such alteration or amendment is pro- 
posed, be reasonable and proper, and the said cor- 
poration shall unnecessarily and unreasonably ne- 
glect 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 Judgment and execution, in 
any court proper to try the same, any action of the 



HOOSAC RAIL ROAD CO. Feh. 25, 1832. 243 

case against said corporation, and shall therein re- 
cover a reasonable indemnity in damage for all 
charges, disbursements, labor, and services occa- 
sioned by making such alteration or amendment, 
with costs of suit. 

Sec. 12. Be it further enacted, That no other rail No other road to 

. be built within 

or macadamized road than the one hereby granted, thirty years, &c. 
shall, within thirty 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 chrough Adams and Cheshire. 
Provided, that any company which may be incor- 
porated, shall have liberty to enter, with any other 
rail or macadamized road, at any point of said Hoo- 
sac 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 regidations, 
as may be established by said Hoosac Rail or Mac- 
adamized 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 or macadamized road, herein provid- 
ed to be made, to purchase of the said corporation, 
the said rail or macadamized road, and all the fran- 
chise, property, rights, and privileges of the said 
corporation, on paying therefor the amount expend- 
ed in making the said road, together 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 limitation 



244 HOOSAC RAIL ROAD CO. Feh. 25, 1832. 

provided in this section shall cease, and be of no 
effect. 
Conditions of Sec. 13. Be it further enacted. That if the 

'his act. „ . . 1-11 

amount of stock for said rail or macadamized road 
shall not have been subscribed, the company organ- 
ized, 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 com- 
plete the said rail or macadamized road, on or before 
the first day of January, one thousand eight hun- 
dred and thirty-seven, in either of the before men- 
tioned cases, this act shall be null and void, other- 
wise shall remain in full force until the Legislature 
shall purchase said rail or macadamized road, as 
aforesaid. 
To keep bridges Sec. 14. Be it further enacted, That said Rail 
or macadamized Road Company shall constantly 
maintain in good repair, all bridges, with their abut- 
ments and embankments, which they may construct 
for the purpose of passing their rail or macadamiz- 
ed road, over any canal, turnpike, or other high- 
way, or any private way, or of passing such private 
way, turnpike, or other highway, over said rail or 
macadamized road. 

[Approved by the Governor, February 25, 1832.] 



in repair. 



HAMILTON MANUF. CO. Feh. 25, 1832. 245 



CHAP. L. 



An Act to increase the capital stock of the Ham- 
ilton Manufacturing Company. 

13 E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That the Hamilton increase of cap- 
Manufacturing Company be, and they hereby are, "^'' 
authorized to increase their capital stock, from the 
sum of eight hundred thousand dollars, to one mil- 
lion 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 hundred and thirty, en- 
titled " an act defining the general powers and du- 
ties of manufacturing corporations." 

[Approved by the Governor, February 25, 1832.] 



246 COMMERCIAL WHARF CO. Feb. 25, 1832. 



CHAP. LI. 



An Act to incorporate the Commercial Wharf Com- 
pany in the city of Boston. 

Sec. 1. JoE it enacted by the Senate and House 
of Representatives in General Court assembled, and 

faS"' ''"'°'"''°' % ^'^^ authority oj the same, That Robert G. Shaw, 
Samuel S. Lewis, Elisha 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 Commercial 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 manage- 
ment 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. 

Real and per- Sec. 2. Be it further enacted, That the said cor- 

sonal estate. .^ ' 

poration 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, including the Exchange Wharf, 
and bounded and described as follows, to wit : south- 
westerly and northwesterly by Commercial Street ; 



COMMERCIAL WHARF CO. Feb. 25, 1832. 247 

north easterly by the northeasterly side of Lewis^ commercial 
Long Wharf Estate ; easterly by that part of the ^^''^''^" 
harbor channel to which said company is hereby 
authorized to extend their wharves ; southerly by 
the northerly side of the common highway in the 
dock established by the city of Boston, the Mercan- 
tile Wharf Corporation and others, and thence by 
the City Wharf to Commercial Street ; and all 
rights, easements, privileges and appurtenances 
thereto belonging : 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, 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 north easterly corner of 
the end of Long Wharf or Boston Pier, so called, 
to a point at the northerly end of said line, intersect- 
ed by the south easterly 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 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 pro- 
perty or any part thereof, within said described lim- 
its, 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, whart 
32 



248 



COMMERCIAL WHARF CO. Feb. 25, 1832. 



NiimbiroJ 
shares. 



Attachmeuts. 



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 com- 
pany in said channel, excepting on piles, and paral- 
lel 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 company to lessen or injure the 
rights or property of the owner or owners of any 
wharf or wharves adjoining those of said company. 

Sec. 3. Be it further enacted, That said Com- 
mercial Wharf Company, at any legal meeting, may 
agree upon the number 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 assign- 
ment 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 according to the form of the statutes, making 
provision for the attachment and sale of shares of 
debtors in corporate companies. 

Sec. 4. Be it further 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 corpo- 
ration 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 



COMMERCIAL WHARF CO. Feb. 25, 1832. 249 

right in equity of redeeming the same, appertaining 
(by the laws of this CommonvvealtJi) to other real 
estate. 

Sec. 5. Be it further enacted, That the said cor- Powers, 
poration shall have power, from time to time, to 
assess on the stockholders such sums of money, not 
exceeding in the whole, two thousand dollars on 
each share, for the purchase, improvement, and 
good management of their estate, and for removing, 
constructing, erecting, repairing, or altering any 
buildings, wharf or wharves, docks, streets, or pas- 
sage ways, on the land within said described limits, 
or for the incidental expenses of the said corpora- 
tion, or for the improvement and management of 
the corporate property 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 proprietors, as may be sufficient therefor, to be 
sold, at public auction, to the highest bidder, after 
thirty days notice to be given by publication there- 
of, in one or more newspapers, printed in said Bos- 
ton. And after deducting the amount assessed and 
unpaid, together with the charges of sale, the sur- 
plus, 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. 

Sec. 6. Be it further enacted. That in all meet- Each member 

>^ eiiiitled lo one 

ings of the members of said corporation for the veie for every 

o -"^ share. 

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. Pro- 
mded always, that no assessment shall be made at 



250 COMMERCIAL WHARF CO. Feh. 25, 1832. 

any meeting, unless the same shall be agreed to by 
two thirds at least in number of votes of those pre- 
sent, 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 proprietors 
may appear and act by proxy, in writing at any 
meeting. 
iFirst meeting. Sec. 7. Bc it further encicted, 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 Commercial 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 cor- 
porate affairs and estate ; such clerk to be sworn, 
before entering on the duties of his office. 
Corporation, ^^'^- ^- ^^ ^^ further enctctecl, That said cor- 

Se""^'*"^"" poration 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 Legislature. 

{Approved by the Governor, February 25, 1832.] 



PITTSF. ST. STEPH. CHURCH. Feb. 25, 1832. 251 



CHAP. UI. 



An Act to incorporate the Wardens, Vestry, and 
proprietors of St. Stephen's Church, in Pitts- 
field. 

Sec. 1 . IjE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Edward A. New- 
ton, Benjamin Luce, Hosea Merrill, Jr., William E. Persons incorpo- 
Gold, Jonathan Allen, 2d, Otis Peck, Nelson Strong, 
Daniel B. Bush, Joseph Shearer, William Hollister, 
Nathaniel Fairfield, Isaac Ward, Phillips Merrill, 
Bartlett A. Luce, Butler Bement, Thomas Melville, 
Jr., Jonathan Y. Clark, Justus Merrill, Robert 
Campbell, Comfort 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 
Pomeroy, Jr, together with such persons as may here- 
after associate with them, and their successors, be, and 
they are hereby incorporated into a socioty, 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 
all the duties and restrictions of other religious so- 
cieties, according to the constitution and laws of 
this Commonwealth, and the rights and usages of 
the Protestant Episcopal Church in the United 
States of America ; and may purchase, receive by 
gift or otherwise, and hold real and personal estate, 



252 PITTSF. ST. STEPH. CHURCH. Feb. 25, 1832. 

the value of 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 plea- 
sure, at any legal meeting of the society, and may 
ordain and establish such by-laws and regulations 
as to them seem necessary and convenient for the 
government of said society, and the management of 
their ministerial and parochial funds : Provided, 
such by-laws and regulations shall in no wise be 
contrary to the constitution and laws of this Com- 
monwealth. 
-FirsiHieeting. Sec. 2. Be it further enucted, That auj just'ice 
of the peace for the county of Berkshire is hereby 
authorized, upon application of either of the per- 
sons named in this act, to issue his warrant, requir- 
ing such person applying as aforesaid, to notify a 
meeting of the members of said society, at such 
convenient time and place as shall be appointed in 
said warrant, for the election of such officers, and 
transacting such other business as may be necessary 
for the due organization of said society. 

{Approved by the Governor, February 25, 1832.] 



TAUNTON HOTEL. Feb. 25, 1832. 25S 



CHAP. UIl. 



An Act to incorporate the Proprietors of Taunton 

Hotel. 

Sec. 1. 13 E z^ enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Charles Rich- p^^^sons incorpo- 
mond, D. G. W. Cobb, William A. Crocker, S. B. ^^'^'^• 
King, George A. Crocker, Samuel L. Crocker, AI- 
pheus Sanford, Abigail West, James Leach, Hora- 
tio Leonard, and their associates, successors and as- 
signs be, and they hereby are constituted a body pol- 
itic 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 implead- 
ed, to have a common seal, and the same to alter 
and renew at pleasure, and generally to do and per- 
form all acts incident to corporations according to 
the laws of this Commonwealth, and the provisions, 
limitations and restrictions in this act contained. 

Sec. 2. Be it further enacted, That the said Real and persons- 
corporation 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 Taunton, 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 convenient for the purposes of their 



254 TAUNTON HOTEL. Feb. 25, 1832. 

association. Provided ahvays, that the real estate 
held by said corporation shall not exceed in value 
the sum of fifty thousand dollars, and said corpo- 
ration 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. 

Sec. 3. Be it further enacted, That it shall be- 
lawful for the said corporation to divide their capi- 
tal stock, and property into any number of shares 
not exceeding six hundred of the value of one hun- 
dred dollars each. 
Shares to be per- Sec. 4. Bc it further enucted. That the shaves 

sonal estate. . ^ ^ ^ 

in the stock of said corporation shall be personal es- 
tate, 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 propri- 
etor to whom the 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 record^ 
ed by the secretary, and a new certificate shall there- 
upon be issued in manner aforesaid to the assignee. 
Sec. 5. Be it further enacted, That the said 

Choice of of- . , . ^ , 

ficers. proprietors, at then* first, or any subsequent meetmg,. 

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 annuall}^ unless said 
proprietors shall otherwise order, and the directors 
shall choose one of their own number who shall be- 
president of the corporation, and all officers so cho- 



TAUNTON HOTEL. Feb. 25, 1832. 255 

sen shall hold their offices until others are chosen, 
unless said proprietors shall, at their annual meet- 
ing, vote to abolish or suspend any of the said offi- 
ces, and the said proprietors shall have power to 
prescribe the respective duties of the officers so cho- 
sen, and to make such by-laws and regulations for 
the government of the affiiirs of the corporation as 
they shall think fit, not repugnant to law, and the 
secretary of said corporation 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 propri- 
etors may order, of which public notice shall be giv- 
en by advertisement in two or more newspapers 
printed in Taunton at least ten days before the 
time of such meeting. 

Sec. 6; Be it further e7iacted, That, in the Election ofoffi- 
election of officers, and all other questions that shall ''^'^''• 
eome before said proprietors, 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 record- 
ing officer of the meeting. 

Sec. 7. Be it further enacted, That said cor- Assessments. 
poration shall have power to assess, on the several 
members thereof, from time to time, such sums of 
money as may be deemed necessary to effiict the 
objects of the corporation, not exceeding one hun- 
dred dollars in the whole on each share : provided, 
that two thirds in number and interest of the pro- 
prietors present at the meeting at which any assess- 
ment shall be voted shall concur therein, and that 
no assessment shall be made unless public notice 

33 



256 



TAUNTON HOTEL. 



Feb. 25, 1832. 



shall be given of the time, place and purpose of said 
meeting by advertisement in two or more newspa- 
pers printed in Taunton at least ten days before the 
time appointed therefor. 
Notwithstanding Sec. 8. Be it furttieT enacted, That after an as- 

any assignment, iiii i i-t i i r • t 

corporation may scssment shall have been laid on the shares ot said 

sell any share on 

which assess- corporatiou, no assignee oi any share shall be enti- 

ments are due. , , • . • -in 

tied to a certincate in his own name, until all assess- 
ments 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 where- 
on any assessment or assessments shall be due and 
unpaid, notwithstanding any assignment thereof by 
the delinquent proprietor. 

Sec. 9. Be it further enacted,. That the shares 
of proprietors in said corporation shall be liable to 
be attached on mesne process, and taken and sold 
on execution to satisfyjudgments, recovered against 
the proprietor or proprietors of such shares in the 
same manner as is by law provided in similar cases. 

Sec. 10. Be it further enacted, That the said 
Charles 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. 



Attachment on 
mesne process. 



First meeting. 



[Approved by the Governor, February 25, 1832.] 



MON ATIQUOT RIVER FISH. Feb. 25, 1 832. 257 



CHAP. LIV. 



An Act, in addition to an act to regulate the fishe- 
ry in Monatiquot river in the town of Braintree. 

13 E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That the commit- Regulations of 
tee, or the survivors or survivor of them, in case of * ^^^' 
death of either, annually chosen by the inhabitants 
of said town of Braintree, pursuant to the provisions 
of the first section of said act, be, and they are here- 
by 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. 

[Approved by the Governor, February 25, 1832.] 



258 FELLENBERG ACADEMY. Feh 25, 1832. 



CHAP. LV 



An Act to incorporate the "Fellenbers Academj" 
in the town of Greenfield. 

Sec. 1. JjE it enacted by the Senate and House 
of Rejpresentatives in General Court assembled, and 
Persons incorpo- hy the authority of the same. That Wales Tiles- 
ton, Samuel H. Read, Jannes H. CoffiDj Ansel 
Phelps, Elijah Alvord, Hooker Leavitt, and Frank- 
lin Ripley, together with their associates, their suc- 
cessors and assigns be, and they hereby are incor- 
porated 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 corporations in this Commonwealth are by 
law entitled, and shall be capable of holdins: in fee 
such estate, real and personal, obtained by arrant, 
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 dol- 
lars, and that the same shall be wholly applied to 
the purposes of education. 

Sec, 2. Be it further enacted, That the propri- 
etors of the said Fellenberg Academy shall be au- 
thorized 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 



Tnistees. 



FELLENBERG ACADEMY. Feb. 25, 1832. 259 

for one year, and until others are chosen and quali- 
fied in thei'' stead, and also to choose such other of- 
ficers 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 di- 
rections, as the proprietors of the said institution 
may give at any legal meeting. In the choice of offi- 
cers, and in all votes of the corporation, each pro- 
prietor shall be entitled to as many votes as he has 
shares, provided, that no person shall be entitled to 
more than ten votes. 



Sec. 3. Be it further enacted, That the said 



Transfer o/ 
shares. 



proprietors shall be authorized to agree upon the 
mode of transferring shares, and the shares of each 
proprietor shall be a pledge to the corporation for 
the payment of instalments that may become due. 

Sec. 4. Be it further enacted. That anv two First meeUng. 
of the persons 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 Commonwealth. 

[Approved by the Governor, February 25, 1832.] 



260 MERRIMACK RIV. FISHERY. Feb. 25, 1832- 



CHAP. LVI. 



An Act in addition to " An Act further regulating 
the Fishery in the ^Merrimack River and the streams 
running into the same." 

Sec. 1. ijE it enacted by the Senate and House 
of Representatites, in General Court assembled, and 
Farther refniai- % ^^^ authority of the some, That the fourth and 
iSlrS^ackrife^. fiJfth scctious of an act entitled -'An Act further 
re^ulatins the Fishery in the Merrimack River and 
the streams running into the same," passed the 
eighteenth day of June, in the year of our Lord, 
one thousand eight hundred and nineteen, be. and 
the same are herebv repealed. Prodded, hoicever, 
that the said sections shall be in full force as to any 
prosecutions commenced for a breach of the same. 
Penaiiv '*^^^* 2- Be it further enacted, That instead of 

the penalty contained in the third section of the act 
to ^vhich this is in addition, 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 com- 
plaint 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 committed, and the other half to the use of the 
person or persons who may prosecute for the same. 



[Approved by the Governor, February 25, 18-32.] 



T WHARF. Feb. 25, 1832. 261 



CHAP. LVH. 



An Act to authorize the owners of the T whaif, in 
the city of Boston, to extend the same into the 
channel. 

Sec. 1. JdE it enacted hy the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That the proprietors and 
owners of that quay or wharf, lying next northerly of 
the Boston Pier, or Long wharf, in the city of Bos- 
ton, known and called by the name of the T wharf, 
their heirs or assigns, be, and they are hereby au- 
thorized, licensed, and empowered, at their plea- 
sure, to erect, continue, and maintain said wharf 
beyond low water mark, until the easterly end there- 
of 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, ex- 
tended to the limit prescribed by an act, entitled 
" an act to authorize the proprietors of Union wharf 
to extend the same," passed on the tAventy-seventh 
day of February, A. D. one thousand eight hundred 
and twenty-nine. Provided however, that said T 
wharf shall be extended ivithin the lines of said 
\vharf, as it now exists, continued eastwardly to the 
limit aforesaid, and that any addition to said wharf, 
made in virtue of this act, shall be made wuth 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. 



262 FUEL EX. FROM ATTACH. Feh. 25, 1832. 

LTrfzeTr' Sec. 2. Be it further enacted, That nothing 
meiu*^°^^°^ heiein contained shall have the effect to enable said 
proprietors of said T wharf, their heirs or assigns, 
to violate any covenants or engagements they have 
made or entered into with any person or persons, or 
bodies corporate, and which are now subsisting, nor 
to infringe the rights or estates of any person or 
persons whomsoever. 

[Approved by the Governor, February 25, 1832.] 



CHAP. Lvni. 



An Act in addition to the acts to exempt certain 
goods and ch; 
and execution. 



goods and chattels of debtors from attachment 



13 E it enacted by the Senate and House 
of Representatives in General Court assembled j and 
by the authority of the same, That, from and after 

Juel exempt . r i • r t r ^ i r 

a-omaiiachment. the passmg 01 this act, luel, 01 the v^alue oi ten 
dollars, or less, belonging to any householder, and 
/procured and designed for the use of such house- 
ider, in his or her family, shall be exempt from 
iment on mesne process and execution. 

f Approved by the Governor, February 25, 1832.] 



'"^ 



4, 



PETITIONS TO GEN. COURT. Feh. 25, 1832. 263 



CHAP. LIX. 



An Act in addition to " An Act regulating Notices 
of Petitions to be presented to the General 
Court." 



.oE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That notice of any 
petition to be presented to the General Court, at a 
future session thereof, which affects the rights or 
interests of any city, town, or other municipal cor- 
poration, shall be given, by serving s uch city, town, 
or other municipal corporation, with a true copy of 
such petition, twenty days, at least, before the se- 
cond Monday of the November next preceding such 
General Court, to which such petition shall be pre- 
sented, any thing in the act to which this is in ad- 
dition to the contrary notwithstanding ; and such 
service may be made in the manner prescribed in 
the second section of said act to which this is in 
addition. 

[Approved by the Governor, February 25, 1832.] 
34 



••»v , 



264 GLOUCESTER BANK. Feb. 28, 1832. 



CHAP. LX. 

An Act to increase the capital stock of the Glou- 
"^ cester Bank. 

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

j«crease capita;, directofs, and company of the Gloucester Bank, be, 
and hereby are. authorized and empowered to in- 
crease 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, as the president and 
directors of said bank mav direct and determine : 
provided hov:ever, that the whole amount shall be 
paid in on or before the first day of October next. 

Liabktoiaxa- Sec. 2. Be it furthcT enacted, That the addi- 
tional 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. 

cer.£c£ve. Sec. S. Be it further enacted, That, before said 

corporation shall proceed to do business upon said 
additional capital, a certificate, signed by the presi- 
dent 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 Secretate of 
this Commonwealth. 

[Approved by the Governor, February 28, 1832.] 



ORIENTAL BANK, BOSTON. Feh. 28, 1832. 265 



CHAP. LXI. 



An Act to increase the capital stock of the Oriental 
Bank, in Boston. 

Sec. 1. JjE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That the president, increase capital 
directors, and company of the Oriental Bank, in 
Boston, be, and they hereby are, authorized and 
empowered to increase their present capital stock, 
by an addition of two hundred and fifty thousand 
dollars thereto, in shares of one hundred dollars 
each, which shall be paid in such instalments, and 
at such times, as the president and directors of said 
bank may direct and determine : provided however, 
that the whole amount shall be paid in on or before 
the first day of October next. 

Sec. 2. Be it further enacted, That the addi- Liable to be 
tional 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. 

Sec. 3. Be it further enacted, That, before said cenificate. 
corporation shall proceed to do business upon such 
additional capital, a certificate, signed by the presi 
dent and directors, and attested by the cashier, that 
the same has been actually paid into said bank, 
shall be returned into the ofiice of the Secretary of 
this Commonwealth. 

[Approved by the Governor, February 28, 1832.] 



266 MURDER. Feb. 28, 1832. 



CHAP. LXII. 



An Act further providing for the punishment of 
attempts to commit the crime of Murder. 

jjE it enacted by the Senate and House 

of Representatives, in General Court assembled, and 

Murder by poi- by the authority of the same, That if any person shall 

soning, straDg- . , . r -ir ^ i i 

ling, or drown- attempt to commit the crime ot wiliul murder, by 

las. 

poison, drowning, strangling, or in any other way 
or manner not enumerated in the statutes now exis- 
ting ; or shall be present aiding and abetting in the 
attempt to commit such crime ; or, not being present, 
shall have been accessary thereto before the fact, 
by counselling, hiring, or otherwise procuring the 
same to be done ; every such offender, who, in any 
court competent to try the same, shall be convicted 
of either of the offences aforesaid, shall be punish- 
ed by solitary imprisonment for such term, not ex-^ 
ceeding three months, and by confinement after- 
wards to hard labor in the State Prison, for such 
term, not less than five years, as the court before 
whom such conviction shall be, shall sentence and 
order, acording to the aggravation of the offence. 

[Approved by the Governor, February 28, 1832.] 



Persons incorpo^ 



CABOT MANUF. CO. Feb. 28, 1832. 267 



CHAP. LXIII. 



An Act to incorporate the Cabot Manufacturing 
Company. 

Sec. 1. UE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That Jonathan Dwight, 
Harrison G. Otis, Israel Thorndike, Edmund rS 
Dwight, James K. Mills, Thomas H. Perkins, Sam^ 
uel 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 corporation, 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 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." 

Sec. 2. Be it further enacted. That the capital Capital stock. 
stock of said corporation shall not exceed the sum 
of one million of dollars, and that the said corpora- 
tion 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 
two hundred thousand dollars, exclusive of build- 



268 FITCHBURG BANK. Feb. 28, 1832. 

ings and improvements that may be made thereon, 
by said corporation. 

[Approved by the Governor, February 28, 1832.] 



CHAP. LXIV. 



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



Sec. 1. JqE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Francis Perkins, 
faS"' '"""■''''" Edmund Cushing, George H. Hills, Nathaniel Rand, 
Stephen P. Gardner, Ivers Jevrett, Nathaniel Wood, 
David Boutelle, Alpheus Kimball, their associates, 
successors, and assigns, be, and they are hereby 
created a corporation by the name of the " Presi- 
dent, Directors and Company of the Fitchburg 
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 



FITCHBURG BANK. Feb. 28, 1832. 269 

" an act to continue the banking corporations there- 
in named, and for other purposes." 

Sec. 2. Be it further enacted^ That the stock in where andwhen 
said bank shall be transferable only at its banking able. 
house, and in its books, and no part thereof shall 
be transferred by way of security for the perform- 
ance of any obligation whatsoever, until two years 
from the payment of the first instalment into said 

bank. CapUal stock. 

Sec. 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. First meeting. 

Sec. 4. Be it further enacted. That the said 
bank shall be established in the town of Fitch- 
burg, and that any three of the persons beforenam- 
ed 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. 

[Approved by the Governor, February 28, 1832.] 



270 FRANKLIN BANK. ' Feb. 28, 1832- 



CHAP. LXV. 



An Act to increase the capital stock of the Franklin 

Bank. 

Sec. 1 . JlJE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority oj the same, That the president, di- 

Increase capiiai. rectors, and company of the Franklin Bank, be, 
and hereby are authorized and empowered to in- 
crease their present capital stock, by an addition of 
fifty thousand dollars thereto, in shares of one hun- 
dred dollars each, which shall be paid in such in- 
stalments, 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. 

Subject to taxa- Sec. 2. Be it further enacted, That the addi- 
tional 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. 

Certificate. ^^c. 3. Be it further enacted, That, before said 

corporation shall proceed to do business upon said 
additional capital, a certificate, signed by the presi- 
dent 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. 



[Approved by the Governor, February 28, 1832.] 



BELLINGH. COT. FACT. CO. Feb. 29, 1832. 271 



CHAP. LXVI. 



An Act to incorporate the Bellingham Cotton Man- 
ufacturing Company. 



Sec. 1. JjE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority oj the same, That Nathan Jones, JJ;^'J>"^ '"<=°''p°- 
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 re- 
quirements 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 man- 
ufacturing corporations." 

Sec. 2. Be it further enacted, That said corpo- Real and per- 

, sonal estate. 

ration may lawfully hold and possess such real es- 
tate not exceeding twenty thousand dollars, and 
such personal estate not exceeding thirty thousand 
dollars, as may be necessary and convenient for the 
purposes aforesaid. 

[Approved by the Governor, February 29, 1832.] 
35 



272 MARBLEHEAD CHAR. SOC. Feb. 29, 1332. 



CHAP. LXVH. 



An Act to incorporate the Marblehead Charitable 
Society. 

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

TaTea"^ '"'^°''"'' ^V ^^^ authority of the same, That Isaac Collyer, 
Nathaniel Adams, Samuel Dodd, 3d, Nehemiah Pre- 
ble, Amos Humphrey, Jr., Joseph Glass, William 
Frederick, Samuel Standly, Thomas E. Vicary, 
Joseph Tucker, Daniel Symonds, Benjamin Doliber, 
Samuel Sparhawk, Samuel S. Trefrey, John White, 
Charles Chadwick, John S. Bartlett, Richard S. 
Thompson, Francis Parton and John Sparhawk, to- 
gether with such as are or may hereafter become 
members of said society be, and hereby are incorpo- 
rated and made a body politic and corporate, by the 
name of the Marblehead Charitable Society, for the 
purpose of raising a fund in order to assist and re- 
lieve 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 soci- 
ety may allow. 

Sec. 2. Be it further enacted, That said society 

fice°r3?° °" shall 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 re- 
pugnant to the constitution and laws of this Com- 
monwealth. 



MERCHANTS BANK. Feb. 29, 1832. 273 

Sec. 3. Be it further enacted, That said society Real and person- 
shall be capable of purchasing, receiving and holding ^ ^^'^'^• 
any estate, real or personal, to be used and improv- 
ed for the purposes aforesaid ; provided, the whole 
estate of the society shall not exceed the value of 
twenty thousand dollars. 

Sec. 4. Be it further enacted, That Isaac Col- y\^^^ meeiing. 
Iyer be and 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 empowered to act 
as secretary until another shall be chosen. 

[Approved by the Governor, February 29, 1832.] 



CHAP. LXVIH. 

An Act to increase the Capital Stock of the Mer- 
chants Bank in Boston. 

Sec. 1. Be it enacted by the Senate and House 
of Representatives, iyi Geyieral Court assembled, and 

%the authority of the same. That the president. Capital stock in- 
'j -J ^ ^ creased by the 

directors and company of the Merchants Bank in addition of two 

A -^ ^ hundred and fifty 

Boston, be, and they hereby are authorized and em- thousand dollars. 
powered to increase their present capital stock, by 
an addition of two hundred and fifty thousand dol- 
lars 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. 



27i CHARLES RIVER BANK. Feb. 29, 1832. 

Additional stock. Sec. 2. Be it further enacted^ That the addi- 
tional 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. 

Sec. 3. Be it further enacted,^ That, 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. 

[Approved by the Governor, February 29, 1832.] 



Certificate. 



CHAP. LXIX. 



An Act to incorporate the President, Directors and 
Company of the Charles River Bank in Cam- 
bridge. 

Sec. 1. Me it enacted hy the Senate and House 
of Representatives in General Court assembled., and 
jPersons incorpo- % ^^^ authority of the same, That Asahel Stearns, 
Israel Porter, Levi Farwell, William J, Whipple, 
Abel Willard, Eliab W. Metcalf, Samuel O. Mead, 
and James Brown, their associates, successors and 
assigns shall be, and they hereby are created a cor- 
poration, by the name of the President, Directors 
.and Company of the Charles River Bank, and shall 



rate.d 



CHARLES RIVER BANK. Feb. 29, 1832. 275 

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

Sec. 2. Be it further enacted, That the stock Transfer of 
in said bank shall be transferable only at its bank- *''^'^^*' 
jng house, and in its books, and no part thereof 
shall be transferred by way of security for the per- 
formance of any obligation whatsoever, until two 
years from the payment of the first instalment into 
said bank. 

Sec. 3. Be it further enacted, That the capital capital siock. 
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. 

Sec. 4. Be it further enacted. That the said Location. 
bank shall be established in the town of Cambridsfc, 
and that any three of the persons before named shall 
be authorized to call the first meeting of said corpo- 
ration by advertising the same in any newspaper 



276 RAIL ROAD BANK. Feb. 29, 1832. 

published in the county of Middlesex, ten days at 
least before said meeting. 

[Approved by the Governor, February 29, 1832.] 



CHAP. LXX. 



An Act to increase the capital stock of the Rail 
Road Bank. 

Sec. 1. 13 E 2^ enacted hy the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That the president, 

Increase capital, directors, and company of the Rail Road Bank, be, 
and hereby are, authorized and empowered to in- 
crease their present 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 presi- 
dent 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 Octo- 
ber next. 

Subject to taxa- Sec. 2. Be it furthcr enacted, That the addi- 
tional 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. 

ceriificaie. Sec. 3. Be it further enacted. That before said 

corporation shall proceed to do business upon said 



MERRIMACK BANK. Feh. 29, 1832. 277 

additional capital, a certificate, signed by the presi- 
dent 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. 

[Approved by the Governor, February 29, 1832.] 



CHAP. LXXI. 



An Act to increase the capital stock of the Merri- 
mack Bank. 

Sec. 1. I3E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same. That the president, increase capitaL 
directors, and company of the Merrimack Bank, be, 
and hereby are, authorized and empowered to in- 
crease 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. 

Sec. 2. Be it further enacted, That the addi- subject to taxa- 
tional 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. 



278 LOWELL BANK. Feb. 29, 1832. 

Certificate. Sec. 3. Be it fuither enacted^ That before said 

corporation shall proceed to do business upon said 
additional capital, a certificate, signed by the presi- 
dent 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. 

[Approved by the Governor, February 29, 1832.] 



CHAP. LXXII. 



An Act to increase the capital stock of the Lowell 

Bank. 

Sec. 1. ijE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the some. That the president, 

increase capital, directors, and company of the Lowell Bank, be, 
and they hereby are, authorized and 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 and 
determine : Provided however, that the whole 
amount shall be paid in on or before the first day 
of October next. 

Subject to taxa Sec. 2. Be it further enacted, T\\?iii the addi- 
tional stock aforesaid shall be subject to the like 
tax, regulations, and restrictions, to which the 



tion 



STATE PRISON. ' Feb. 29, 1832. 279 

present capital stock of said corporation is now 
subject. 

Sec. 3. Be it further enacted, That, before said Cfertificate; 
corporation shall proceed to do business upon said 
additional capital, a certificate, signed by the presi- 
dent and directors, and attested hy 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. 

[Approved by the Governor, February 29, 1832.] 



CHAP. LXXIII. 



An Act in addition to " An Act for the government 
and regulation of the State Prison." 



Sec. 1. XjE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
bii the authority of the same, That no convict shall „. , 

'^ ^ ^ ^ _ Prison regura- 

hereafter be sentenced to confinement in said State *'°°s- 
Prison, by force of the provisions contained in the 
nineteenth and twentieth sections of the act to 
which this is in addition, unless it shall be alleged 
and proved to the court having jurisdiction of the 
case, that such convict has at two several times be- 
fore been sentenced by competent authority to con- 
finement in said state prison, or to some other 
state prison in the United States for a period, at 
each time, more than one year, and had been twice 
discharged therefrom in due course of law. 



280 



Sentence. 



PROV. RAIL ROAD COR. 



Feb. 29, 1832- 



Sec. 2. Be it further enacted, That, in all 
cases arising under the act to which this is in addi- 
tion, in which it is provided that the additional 
punishment on conviction shall be by confinement 
in said prison for life, the party convicted may be 
sentenced for life, or for a period not less than 
seven years, at the discretion of the Court which 
may or shall decree the additional sentence by 
virtue of said act. 



[Approved by the Governor, February 29, 1832.] 



CHAP. LXXIV. 

An Act in addition to " An Act to establish the 
Boston and Providence Rail Road Corporation." 



Government 
may purchase 
rail road, &c. 



Sec. 1. JdE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the saine. 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 Corpo- 
ration, after the expiration of twenty years from the 
opening for use of the rail road, therein provid- 
ed 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 mak- 
ing said rail road, and the expenses of repairs, and 
all other expenses relating thereto ; and in case, at 



PROV. RAIL ROAD COR. Feh. 29, 1832. 281 

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, to- 
gether 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 pay- 
ment thereof, by the stockholders of the said corpora- 
tion, to the time of such purchase ; and every thing 
contained in the act to which this is in addition, in- 
consistent with the provisions herein made, is here- 
by repealed. 

Sec. 2. Be it further enacted, That the further 
period of one year beyond the respective times Further period 
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. 

[Approved by the Governor, February 29. 1832.] 



282 POINT BRIDGE CO. March 1, 1832. 



CHAP. LXXV. 



An Act to incorporate the Point Bridge Company, 
in the town of Gloucester. 

Sec. 1. X>E it enacted by the Senate and House 

of Representatives in Getieral Court assembled, and 

by the authority of the same, That Oliver G. Lane, 

Persons incorpo- Gideon Lane, Jr., George N. Davis, Asa Wood- 

/raied. ... . 

bury, 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 corpo- 
ration 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. 

Sec. 2. Be it further enacted, by the authority 
aforesaid, That either of the persons named in this 
act is authorized to call the first meeting of said 
porporation, to be holden at some suitable 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 places in said Gloucester, seven days 
at least before the time of holding such meeting : 
and the proprietors, by a voce of the majority of 
thpse present, or duly represented at said meeting, 



pjrst meeting. 



POINT BRIDGE CO. March 1, 1832. 283 

allowing one vote to and for each share, provided 
that no proprietor shall be allowed more than ten 
votes, shall choose a clerk, who shall be sworn to 
the faithful discharge of the duties of his office, and 
shall also determine the mode of calling future 
meetings ; and may elect such officers and make 
and establish such rules and by-laws, not repugnant 
to the laws and constitution of this Commonwealth, 
as to them may seem necessary and convenient for 
the regulation and government of the said corpora- 
tion, and for collecting the toll hereinafter granted ; 
and may annex penalties to the breach of any by- v 

laws, not exceeding ten dollars for any one offence ; 
and ail rules, regulations, and proceedings of said 
corporation shall be fairly and truly recorded by the 
clerk, in a book kept for that purpose. 

Sec. 3. Be it further enacted^ That the said Proprietors au- 
thorized to erect 
proprietors be, and they hereby are, authorized and a bridge over 

^ ^ 1 . 1 Lobster Cove. 

empowered, to erect a bridge over and across Lob- 
ster Cove, in the town of Gloucester, from some 
convenient point, northeasterly from the wharf now 
owned by William Hodgkins and Jonathan Denni- 
son, 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 twen- 
ty-five feet wide, for the passing of vessels ; and 
the said proprietors shall constantly keep some 
suitable person or persons, at said bridge, who shall 
raise said draw for any vessel that may be passing 
up or down said cove, (which cannot conveniently 
pass under said draw,) free of expense to the owner 
or owners of such vessel ; and if the person or per- 
sons, whose duty it shall be to raise said draw for 
the passage of vessels, shall unreasonably neglect 
or refuse to do the same, the proprietors of said 



284 POINT BRIDGE CO. March 1, 1832. 

bridge shall, for every such neglect or refusal, be 
liable to a fine of ten dollars, for the benefit of the 
person or persons, damaged by such neglect, to be 
recovered in any court of competent jurisdiction to 
try the same. 
Toll. Sec. 4. Be it further enacted, That a toll be, 

and hereby 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, phaeton, 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, 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. Provided always, that scholars, while 
going to or returning from school, shall be permit- 
ted to pass free of toll ; and the toll shall com- 
mence on the day of first opening said bridge, and 
ghall continue for the term of seventy years ; and 



POINT BRIDGE CO. March 1, 1832. 285 

at the place where the toll shall be received, there 
shall be erected, and constantly exposed to view, 
a sign-board, with the rates of toll fairly aad 
legibly written thereon, in large letters. Provided 
nevertheless, that the legislature shall have the 
right, at any time after the expiration of fifteen 
years, to alter and regulate anew the rates of toll to 
be received by said proprietors. Provided also, 
that whenever a 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 contrary 
notwithstanding. 

Sec. 5. Be it further enacted. That the said Proprietors lo' 
proprietors be, and they hereby are authorized to 
lay out, make and maintain 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 Essex, shall refuse to lay out, make and 
maintain the same, the said proprietors shall be lia- 
ble 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 da- 
mages sustained by individuals whose lands are 
taken for public roads. 

Sec. 6. Be it further en«c^£'6?. That said brid";e bridge to be 

^ twenty-two feet 

shall be well built of suitable materials, at least wkie. 
twenty two feet wide, and covered with planks, with 



Damages. 



286 POINT BRIDGE CO. March \, ISS2, 

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 receiving 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 disburse^ 
ments on said bridge ; and the books of said corpo- 
ration shall at all times be subject to the inspection 
of the Governor and Council, and to the legislature 
when called for. 

Sec. 7. Be it further enacted, That if any per- 
son or persons shall wilfully, maliciously, or contra- 
ry to law, take up, remove, break down, dig under, 
or otherwise mar or injure any part of said bridge, 
or any work or works connected with or appertain- 
ing to the same, or any part thereof, such person or 
persons for every such offence shall forfeit and pay 
to said proprietors or corporation treble the amount 
of such damage as said corporation shall, to the jus- 
tice 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 satne ; and such 
offender or offenders shall further be liable to indict- 
ment for such trespass or trespasses, and, on con- 
viction 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. 
Nmribcrof Sec. 8. Bt it fiuiher enacted, That the stock 

of said corporation shall be divided into sixty shares ; 
said shares shall be deemed personal property, and 
liable to be taken on mesne process oi execution as 



shares. 



POINT BRIDGE CO. Blarch 1, 1832. 287 

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 bank- 
ing corporations. And said corporation may make 
assessments on the shares for the purpose of effect- 
ing the objects of the corporation. Provided, how- Proviso, 
ever, thai the whole amount of assessments on each 
share, after deducting the amount of all dividends 
previously declared thereon, shall not exceed the 
sum of fifty dollars ; and, in case the amount so as- 
sessed 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 neglect to pay 
any assessment for the term of sixty days after the 
same hath become due, the share or shares on 
which there is a delinquency may be sold at 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 char- 
ges, 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 such delinquent share or shares, the proprietor 
thereof pay the assessments due thereon with inter- 
est from the time the same became due, and all ne- 
37 



Conditions of 
this act. 



288 ROWLAND'S WHARF. 31arch 1, 1832. 

cessary and reasonable charges, the sale shall not 
proceed. 

Sec. 9. Be it further enacted, That if the pro- 
prietors shall neglect, for the space of five years 
from the passing of this act, to erect and finish said 
bridge, then this act is to be void and of no effect. 

[Approved by the Governor, March 1, 1832.] 



CHAP. LXXVI. 

An Act authorizing Daniel Howland Jr., and Brad- 
ford Howland to extend a wharf to the channel of 
Apponaganset River. 



it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
Extension of the })y ffie (luthoritii of the samc, That Daniel Howland, 

wharf running ^ ^ <j 

into Apponagan- J and Bradford Howland, be, and they hereby are 

set river. _ ^ •' 

authorized and allowed to extend the wharf now 
owned by them running into Apponaganset River, 
in the town of Dartmouth, until it shall reach the 
north east corner of the store formerly owned 
by David Thacher, and, from the said point, to ex- 
tend the said wharf southerly, fifty feet, northerly, 
eighty feet, and westerly, ninety feet. Provided, 
that this grant shall not authorize the extension of 
said wharf into the channel of said river, and provi- 
ded also, that it shall in no wise interfere with the 
legal rights of any other person or persons whatso- 
ever. 

[Approved by the Governor, March 1, 1832.] 



RIOTS, SWEARING, &c. March I, 1832. 289 



CHAP. LXXVII. 



An Act repealing parts of " An Act to prevent 
routs, riots, and tumultuous assemblies, and the 
evil consequences thereof," and also, of " an Act 
against profane cursing and swearing." 

jjE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the aiithoriti/ of the same, That so much of the i^""'?- ^'^^^' »»<^ 

^ "J ^ ' tumultuous as- 

fourth section of the act entitled " an act to sembiies. 
prevent routs, riots, and tumultuous assemblies, and 
the evil consequences thereof, " as provides for the 
reading of the same at the opening of every Court 
of General Sessions of the peace, by the clerk of 
said court, and at the meeting of each town, by the 
town clerk thereof, in March or April, annually, 
passed the twenty eighth day of October, in the year 
of our Lord, one thousand seven hundred and eighty 
six, and the fourth and fifth sections of the act enti- 
tled " an act to prevent profane cursing and swear- 
ing," providing for the reading of the same, passed 
on the twenty ninth day of June, in the year of our 
Lord, one thousand seven hundred and ninety eight, 
be, and the same are hereby repealed. 

[Approved by the Governor, March 1, 1832.] 



290 MARKET BANK, March 1, 1832. 



CHAP. LXXVIll. 



An Act to incorporate the President, Directors, 
and Conppanj of the Market Bank, in Boston. 

Sec. 1. JjE it enacted by the Senate and House 
Persons incorpo- of Representatives ^ in General Court assembled, and 
by the authority of the same, That Josiah Marshall, 
David R. Griggs, John Kendrick, William F. Otis, 
Amos Binney, James FuUerton, and John A. Mc- 
Gaw, 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 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 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 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, entitled, " an act to 
continue the banking corporations therein named, 
and for other purposes." 
Where andwhen Sec. 2. Bc it further enuctcd, That the stock 

stock IS transfer- _ ^ 

aWe. in said bank shall be transferable only at its bank- 



MARKET BANK. March 1, 1832. 291 

ing house, and in its books, and no part thereof 
shall be transferred by way of security for the per- 
formance of any obligation whatsoever, until two 
years from the payment of the first instalment into 
said bank. 

Sec. 3. Be it further enacted, That the capital capital stock. 
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 stock- 
holders may direct : Provided, the whole be paid 
in within one year from the passing of this act. 

Sec. 4. Be it further enacted. That the said First meeting. 
bank shall be established in the city of Boston, 
and that any three of the persons beforenamed shall 
be authorized to call the first meeting of said cor- 
poration, by advertising the same in any newspaper 
published in the city of Boston, ten days, at least, 
before said meeting. 

[Approved by the Governor, March 1, 1832.] 



292 



FRANKLIN RAILROAD CO. March 1, 1832. 



CHAP. LXXIX. 



An Act in addition to an Act to incorporate the 
Franklin Rail Road Company. 



Votes. 



Extension of 
time &c. 



Sec. 1. UE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That, at all meetings of 
the Franklin Rail Road Company, 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. 

Sec. 2. Be it further enacted. That the time, 
within which the State have reserved the right to 
purchase the interests and property of said compa- 
ny in the rail road which they are authorized to 
construct in the manner prescribed in the fourteenth 
section of the act to which this is in addition, be, 
and the same is hereby extended to the term of 
twenty years. 

Sec. 3. Be it further enacted, That the addi- 
lowanceoffour tioual term of four years be allowed to said compa- 
ny for the purpose of locating, constructing, and 
finally completing said rail road. 

[Approved by the Governor, March 1, 1832.] 



Persons incorpo- 



BERK. AND N. YORK R. ROAD. March 2, 1832. 293 



CHAP. LXXX. 

All Act to establish the Berkshire and New York 
Rail Road Company. 

Sec. 1. He, it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Henry W. 
Dwight, Cyrus Williams, Horatio Byington, Theo- JaTed 
dore S. Pomeroy, Bobbins Kellogg, Walter 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, Edvvard F. Ensign, Wilbur Curtis 
and Chester Goodale Jr. their associates, success- 
ors 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 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 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 empow- 
ered to locate, construct, and finally complete a 



294 BERK. AND N. YORK R. ROAD. March 2, 1832. 

Berkshire and! ^^[y Road, with a sinffle, double, or treble track, to 

New York Rail ' o ' ' ' 

Road. transport, take and carry persons and property on 

the same, by the power of steam, of animals, or of 
any mechanical or other power, or of any combi- 
nation of them, which the said corporation may 
choose to apply. To commence at the line of the 
State of Connecticut, at the point where the con- 
templated Rail Road from the city of New York to 
Albany, or the branches thereof, shall strike said 
line. Thence through the town of ShefHeld, and 
thence on the most eligible route to the village of 
West Stockbridge, there to unite with the West Stock- 
bridge 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 Massachusetts ; 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 Harrington, or West Stockbridge, near Housa- 
tonic Ville, at the most convenient point of inter- 
section, 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 authorised to lay out their 
road, not exceeding six rods w^ide 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 con- 
struction and security of said road. Provided how-- 
ever, that all damages that may be occasioned to 



BERK. AND N. YORK R. ROAD. March 2, 1 832. 295 

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. 

Sec. 2. Be it further enacted, That the capital capital stock, 
stock of said corporation shall consist of eight hun- 
dred thousand dollars, to be divided into shares 
of one hundred dollars each, which shall be deem- 
ed personal property, and transferable in such man- 
ner as the by-laws of said corporation shall direct. 
And the said corporation may from time to time 
increase said capital stock, by new subscriptions, in 
such manner and form as they may deem expedient, 
under the same regulations as may be imposed on 
the original 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 corporation, in the 
manner hereinafter provided, and shall hold their 
offices until others shall be duly elected and qualifi- 
ed to take their place as directors ; and the said di- 
rectors, a majority of whom shall form a quorum for 
the transaction of business, shall elect one of their 
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 satis- 
faction of the directors, in a sum not less than twenty 
thousand dollars, for the faithful discharge of his trust. 
38 



296 

Powers, 



Assessments. 



BERK. ANDN. YORK R. ROAD. 3Iarch2, IS3% 

Sec. 3. Be it further enacted, That the presi- 
dent and directors for the time being are hereby 
authorized and empowered, by themselves or their 
agents, to exercise all the powers herein granted to 
the corporation, for the purpose 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 cor- 
poration, for the use of said road, and for the trans- 
portation 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 in the execution and pro- 
gress of the work, and direct the same to be paid 
to the treasurer of the corporation, and the trea- 
surer 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 di- 
rectors 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 corpo- 
ration 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 assess- 



BERK. AND N. YORK R. ROAD. March 2, 1832. 297 

ments shall be laid upon any shares in said cor- 
poration of a greater amount in the whole than one 
hundred dollars on each share. 

Sec. 4. Be it further enacted, That the corpora- By-iaws. 
tion shall have power to make, ordain and establish, 
all such by-laws, rules, regulations and ordinances, 
as they shall deem expedient and necessary to ac- 
complish the design and purposes, and to carry in- 
to effect the provisions of this act, and for the well 
ordering, regulating, and securing the interests and 
objects of the corporation : Provided, the same be 
not repugnant to the constitution and laws of the 
Commonwealth. 

Sec. 5. Be it further enacted, That a toll be and 'r°"s- 
hereby is granted and established for the sole benefit 
of said corporation, upon all passengers and proper- 
ty 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 construc- 
tion 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 confor- 
mity to such rules, regulations, and provisions, as the 
directors shall, from time to time, prescribe and di- 
rect, 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 after the completion of said road, the net 
income and receipts from tolls and other profits, 
(taking the four years aforesaid as the basis of cal- 
culation,) shall have amounted to more than ten per 
cent, per annum upon the cost of the road, the le- 
gislature may take measures to alter and reduce the 



298 BERK. AND N. YORK R. ROAD. March 2, 1832. 

rates of tolls and other profits, in such manner as to 
take off the surplus for the next four years, calculat- 
ing 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 consent of said corporation. 

Toll houses, &c. Sec. 6. Be it further enacted, That the directors 
of said corporation, for the time being, are hereby 
authorized to erect toll houses, establish gates, ap- 
point toll gatherers, and demand toll, upon the road 
when completed, and upon such parts thereof as 
shall, from time to time, be completed, and they 
shall from year to year make a report to the legisla- 
ture of their acts and doings, under the provisions 
of this act. The books of the corporation shall be 
open to the inspection of any committee of the le- 
gislature that may be appointed to examine them. 

Sec. 7. Be it further enacted, That said cor- 
poration shall be holden to pay all damages that may 
arise to any person or persons, corporation or corpo- 
rations, 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. 

Land or estate of Sec. 8. Bc it further cnacted^ That when the 

any infant, iera- 

me covert, or lauds or Other property or estate of any femme co- 
person non com- , i i j •in 

pos mentis. vcrt, 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 re- 



BERK. AND N. YORK R. ROAD. March2,\SS2. 299 

lease 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 res- 
pectively. 

Sec. 9. Be it further enacted, That if any person Forfeiture for in. 

•i-i'irii I'-i 1 1 J"'^y °^ obslruc- 

shall wilfully, maliciously, or wantonly, and contrary to Hon of rail road. 
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 anything belonging there- 
to, 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 offen- 
ces contrary to the above provisions, and, on con^ 
viction thereof before any court of competent juris- 
diction to try the same, shall pay a fine not exceed- 
ing five 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 w^hom the con- 
viction may be had. 

Sec. 10. Be it further enacted, That the annu- Annual meeting. 
al meeting of the members of said corporation shall 
be holden on the third Wednesday of December, at such 
time and place as the directors for the time being 
shall appoint, at which meeting, the directors and • 
such other officers as are necessary shall be cho- 
sen by ballot, each proprietor being entitled to as 



s true ted. 



300 BERK. AND N. YORK R. ROAD. March2, 1832. 

many votes as he holds shares, provided, they do 
not amount to more than one tenth part of the 
whole number. And the eight persons first named 
in this act, or a majority of them, are hereby autho- 
rized to call the first meeting of said corporation, by 
giving notice in one newspaper, published in the 
County of Berkshire, of the time, and place, and 
purpose of sucIj meeting, at least ten days before 
the time mentioned in such notice. 
K rail road cross Sec. 11. Be it further enacted, That if the said 

any highway &c. -i i i n • i i r 

how lo be con- rail road shall, m the course thereor, cross any pri- 
vate way, the said corporation 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 suitable damages 
for such injury ; and if the said rail road shall, in 
the course thereof, cross any canal, turnpike, or oth- 
er highway, the said road shall be so constructed 
as not to impede or obstruct the safe and conveni- 
ent 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 turn- 
pike, highway, or private way, pursuant thereto, and 
shall not raise or lower the same so as to be satis- 
factory 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 writing, 
of said corporation, such alteration or amendments 
as they may think necessary, and if the required 



BERK. AND N. YORK R. ROAD. March 2, 1832. 301 

amendments or alteration be reasonable and proper, 
in the written opinion of the county commissioners, 
for the coimtj in which such alteration or amend- 
ments shall be required, and the said corporation 
shall, unnecessarily and unreasonably, neglect to 
make the same, after due notice, such proprietors, 
or selectmen, as the case may be, may proceed to 
make such alteration or amendments, 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 corporation, and shall therein 
recover a reasonable indemnity in damages, for all 
charges, disbursements, labor, and services, occa- 
sioned 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 conducting such 
private way, turnpike, or other highway over said 
rail road. 

Sec. 12. Beit /z<r//ier ermdec/, That said Berk- Berkshire and n. 

'^ York Rail Road 

shire and New York Rail Road Company shall have (;'"mpa»y '" "f 

^ -^ the West Slock- 

a right to enter upon and use the rail road hereafter bridge rail road, 
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 incorporat- 
ing 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 Com- 
pany are allowed to construct such road, first having 



302 BERK. AND N. YORK R. ROAD. March 2, 1832. 

their consent. And if said West Stockbridge Rail 
Road Company shall fail to comply with the pro- 
visions 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 Com- 
pany 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. 

Special meetings g^c. 13. Be it further enttcted, That the ipYesi- 
dent and directors may call special meetings of the 
stockholders, for such purposes, and at such times 
and places, as they may judge expedient, giving no- 
tice thereof in such manner as the corporation, by 
their by-laws, shall prescribe ; at least ten days pre- 
viously to the time of said meeting. And assess- 
ments may be laid and collected upon such shares 
as are subscribed for, at any time before the whole 
stock and shares shall be subscribed for and taken up. 

Iiaii road from Sec. 14. Bc it further enacted, That, whereas it 

New York to AU -^ . . 

''any- is contemplated by citizens of New York and oth- 

ers, to make and construct a rail road from New 
York to Albany, and to obtain an act of incorpora- 
tion 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 con- 
templated rail road into, and through a part of this 
Commonwealth, Be it enacted, That any corpora- 
tion 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, au- 
thorized to make a rail road, first having the con- 
sent of said Berkshire and New York Rail Road 



BERK. AND N. YORK R. ROAD. March 2, 1832. S05 

Company, and they shall have all the powers, privi- 
leges and immunities in this Commonwealth, which 
the said Berkshire and New York Rail Road Com- 
pany has, by virtue of this act, and be subject to all 
the conditions, limitations and restrictions of the 
same. 

Sec. 15. Be it further enacted, That if said conditions of ihi? 
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 Berk- 
shire, previous to the first day of January, one thou- 
sand eight hundred and thirty-five, or the said Cor- 
poration shall have failed to make any part of 
said rail road by the first day of January, one thou- 
sand 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 au- 
thority to extend the same any further than shall 
then be completed. 

Sec. 16. Be it further enacted, That should the in case of inawi- 
said Berkshire and New York Rail Road Company stock to'Tn^ a- 

■, , , T ^ c 1 rcL • J. mount sufficient 

be unable to dispose or an amount or stock surncient for the constmc- 

, 111 ir 11 -ij* lion of the vviiole 

to construct the whole lenirth or road described in length oithe 

rl 

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. 

Sec. 17. Be it further enacted, That any rail Entry of an otb-- 
road company, which may be incorporated, shall be 
authorized to enter with their rail road at any point 
of the Berkshire and New York rail roadj paying 
for the right of using the same, or any part there- 
of, such rate of toll, and complying with such rules 
and regulations as may be established by said Berk-^ 
39 



rail road, &c. 



304 WARREN BANK IN DANVERS. March 3, 1832. 

shire and New York Rail Road Company, by virtue 
of the fifth section of this act. 
ma^pur^hale Sec. 18. Be it further e7iaded, Th^t it s\\'d\\ he 
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 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 in- 
come 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 limitation provided in 
the fifth section of this act shall cease and be of no 
effect. 

[Approved by the Governor, March 2, 1832.] 



CHAP. LXXXI. 

An Act to incorporate the President, Directors and 
Company of the Warren Bank in Danvers. 

Sec. 1. JjE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
Persons incorpo- by the authority of the same^ That Edward Up- 
ton, Andrew Nichols, Kendall Osborn, Oliver Saun- 
ders, Benjamin Goodridge, and Abner Sanger, their 



raCed 



WARREN BANK IN DANVERS. March 3, 1832. 305 

associates, successors and assigns shall be, and they 
hereby are created a corporation by the name of 
the President, Directors and Company of the War- 
ren Bank in Danvers, 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 require- 
ments contained in an act passed on the twenty 
eighth day of February, in the year of our Lord, 
one thousand eight hundred and twenty nine, enti- 
tled " an act to regulate banks and banking," and 
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 corpora- 
tions therein named, and for other purposes." 

Sec. 2. Be it further enacted. That the stock „,^ ^ ^ 

•^ ' Where and when 

in said bank shall be transferable only at its bank- stock is transfer- 

•^ able. 

ing house, and in its books, and no part thereof 
shall be transferred by way of security for the per- 
formance of any obligation whatsoever until two 
years from the payment of the first instalment into 
said bank. 

Sec. 3. Be it further enacted, That the capital capital stock. 
stock of said corporation shall consist of the sum of 
one hundred and twenty 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 within one year from the pass- 
ing of this act. 

Sec. 4. Be it further enacted, That the said i.ocaiion. 
bank shall be established in the town of Danvers, 
and that any three of the persons before named shall 



306 CONCORD BANK. March S, 1832. 

be authorized to call the first meeting of said corpo- 
ration by advertising the same in any newspaper 
published in the town of Salem, ten days at least 
before said meeting. 

[Approved by the Governor, March 3, 1832.] 



CHAP. LXXXII. 



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

Sec. 1. JoE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
rated!"^ '°*^*^'^^° by tJic 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 
hereby are created a corporation by the name of the 
President, Directors and Company of the Concord 
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 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 to the further pro- 
visions contained in an act passed the twenty eighth 
day of February in the year of our Lord one thou- 



CONCORD BANK. March 3, 1832. S07 

sand eight hundred and thirty one entitled " an act 
to continue the banking corporations therein named, 
and for other purposes." 

Sec, 2. Be it further enacted, That the stock Transferofstock. 
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. 

Sec. 3. Be it further enacted. That the capi- Numberof 

"^ . . ^ shares. 

tal 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. 

Sec. 4. Be it further enacted^ That the said 
bank shall 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 corpo- 
ration by advertising the same in any newspaper 
published in the county of Middlesex ten days at 
least before said meeting. 

[Approved by the Governor, March 3, 1832.] 



Location, 



308 OLD COLONY BANK. March 3, 1832. 



CHAP. LXXXIIL 



An Act to incorporate the President, Directors, 
and Company of the Old Colony Bank, in Ply- 
mouth. 

Sec. 1. JJE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Schuyler Samp- 
Persons incorpo- SOU, Josiah Robblus, Jamcs Spooner, Ezra Finney, 
Alden Danforth, Bridgham Russell, Jacob H. Loud, 
John B. Thomas, their associates, successors, and 
assigns, shall be, and they hereby are created a cor- 
poration, by the name of the " President, Directors, 
and Company of the Old Colony Bank, in Ply- 
mouth," 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 sub- 
ject 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 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 there- 
in named, and for other purposes." 
Where and Sec. 2. Bc it further enacted, That the stock 

transferable. in Said bank shall be transferable only at its bank- 
ing house, and in its books, and no part thereof 



MARINE BANK. March 3, 1832. 309 

shall be transferred by way of security for the per- 
formance of any obligation whatsoever, until two 
years from the payment of the first instalment into 
said bank. 

Sec. 3. Be it further enacted, That the capital CapUai stock, 
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. 

Sec. 4. Be it further enacted, That the said bank First meeting. 
shall be established in Plymouth, and that any two 
of the persons before named, shall be authorized to 
call the first meeting of said corporation, by adver- 
tising the same in a newspaper published in Ply- 
mouth, ten days at least before said meeting. 

[Approved by the Governor, March 3. 1832.] 



CHAP. LXXXIV. 

An Act to incorporate the President, Directors and 
Company of the Marine Bank, in New Bedford. 

Sec. 1. XjE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same. That Joseph Grinnell, Persons incorpo- 
James Rowland, Wm. W. Swain, George Tyson, 
John Price, Kimball Perry, Charles Russell, Joseph 
S. Tillinghast, Samuel Leonard, their associates, 
successors, and assigns, be, and they hereby are, 



310 



MARINE BANK. 



March 3, 1832. 



When and 
■Miere stock is 
transferable. 



Capital stock. 



First meeting. 



created a corporation, by the name of the " Presi- 
dent, 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 hundred 
and fifty-one, and shaH be entitled to all the powers 
and privileges, and subject to all the duties, liabili- 
ties, 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 twen- 
ty-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 continue the 
banking corporations therein named, and for other 
purposes." 

Sec. 2. Be it further enacted, That the stock 
in said bank shall be transferable only at its bank- 
ing house, and in its books, and no part thereof 
shall be transferred by way of security for the per^ 
formance of any obligation whatsoever, until tw& 
years from the payment of the first instalment into 
said bank. 

Sec. 3. Be it further enacted, That the capital 
stock of said corporation shall consist of the sum 
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 stock- 
holders may direct : provided, the whole be paid in 
within one year from the passing of this act. 

Sec. 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 beforenamed, 
shall be authorized to call the first meeting of said 
corporation, by advertising the same in any news-* 



ADAMS BANK. March 5, 1832. Sll 

paper published in the town of New Bedford, ten 
days at least before said meeting. 

[Approved by the Governor, March 3, 1832.] 



rated. 



CHAP. LXXXV. 



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

Sec. I. JoE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Caleb B. Tur- Persons incorpo- 
ner, Josiah Q. Robinson, VV. E. Bray ton, James 
Wilbur, Peter Briggs, Daniel Smith, Daniel N. 
Dewey, Isaac Dean, William Jenks, David Antho- 
ny, Isaac U. Hoxie and Alpheus Smith, their asso- 
ciates, successors and assigns, be, and they are here- 
by created a corporation by the name of the Presi- 
dent, 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 require- 
ments contained in an act passed on the twenty 
eighth day of February, in the year of our Lord 
one thousand eight hundred and twenty nine, enti- 
tled " an act to regulate banks and banking," and 
the provisions of an act passed on the twenty eighth 
day of February, in the year of our Lord one thou- 
40 



312 



ADAMS BANK. 



March 3, 1832. 



sand eight hundred and thirty one, entitled " an 
act to continue the banking corjDorations therein 
named, and for other purposes." 

Transferor stock. Sec. 2. Be it further enacted, That the stock 
in said bank shall be transferable only at its bank- 
ing house, and in its books, and no part thereof 
shall be transferred by way of surety for the per- 
formance of any obligation whatsoever until two 
years from the payment of the first instalment into 
said bank. 

Capital stock. Sec. 3. Bc it further enactcd, That the capi- 

tal 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 
within one year from the passing of this act. 

Location. ^^^' ^' ^^ ^^ further enacted, That the said 

bank shall 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 cor- 
poration, by advertising the same in two newspapers 
printed in the county of Berkshire, fourteen days at 
least before said meeting. 



[Approved by the Governor, March 3, 1832.] 



N. BRIDGEWATER CHURCH. MarchS, 1832. 313 



CHAP. LXXXVI. 



An Act to incorporate the First Society of the 
New Jerusalem Church in the town of North 
Bridgewater. 

Sec. 1. JjE ^7 enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Jabez Field, raS"^'°*^°'^°" 
Lucius Field, James A. Tolman, Reuel Richmond, 
Robert Stoddard, Nahum Smith, Rufus Dorr, Or- 
ville Handy, Winslow B. Cushman, James Humph- 
rey, William French, Ephraim Howard, Josiah 
Packard, Charles Howard, 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 associate with them, or their successors 
for the purpose of public worship, be, and they here- 
by 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 and privileges, and subject to all the 
duties and liabilites of parishes, according to the 
constitution and laws of this Commonwealth. 

Sec. 2. Be it further enacted. That said society 
shall be capable in law to purchase, hold and dispose ai estate. 
of any estate, either real or personal, not exceeding 
the sum of twenty thousand dollars for the support 
of public worship, and for other lawful parochial 
purposes. 



3H BOS. k LOW. R. ROAD COR. March 5, 1832. 

First meeimg, Sec. 3. Bs it further enacted, That any justice 
of the peace for the county of Plymouth, upon appli- 
cation therefor, is hereby authorised to issue a war- 
rant, directed to a member of said society, requiring 
him to notify and warn the members of said re- 
ligious society to meet at such time and place as 
shall be expressed in said warrant, for the choice of 
such officers as religious societies have a right to 
choose at their annual meetings. 

[Approved by the Governor, March 3, 1832.] 



CHAP. LXXXVII. 

An Act in further addition to " an Act to establish 
the Boston and Lowell Rail Road Corporation." 



Government 
may purchase 
rail road, &.c. 



Sec. 1. XjE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That 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 Lowell Rail Road Corporation, 
after the expiration of twenty years from the open- 
ing 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, rights, and privileges of the said corpora- 
tion, by paying them therefor the amount expended 
in making the said rail road, and the expenses of 
repairs, and all other expenses relating thereto. 



BOS. & LOW. R. ROAD COR. March 5, 1832. 315 

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 superin- 
tendance, 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, incon- 
sistent with the provisions herein made, is hereby 
repealed. 

Sec. 2. Be it further enacted, That the said Proprietors au. 
Boston and Lowell Rail Road Corporation be, and a bridge over 

111 1-11 1 Charles river. 

they hereby are, authorized 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 Charles- 
town, (not, however, 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 car- 
riages of any description, other than those which 



316 BOS. & LOW. R. ROAD COR. March 5, 1832. 

are adapted for the travelling on the said rail road, 
nor by horses not attached to such rail road carri- 
ages, nor by persons on foot, except by such per- 
sons, carriages, or horses, as may be employed in 
the immediate service of the said corporation. 
L"bfiu^°""° Sec. 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 other- 
wise, 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 : Pro- 
vided always, that there be made proper and suf- 
ficient 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 accom- 
modate 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 ac- 
commodation to vessels having occasion to pass it 
by day or by night. And if any vessel shall be un- 
reasonably detained in passing the said bridge, by 



BOS. & LOW. R. ROAD COR. March 5, 1832. 317 

the negligence of the said corporation, in con^ 
stantly providing agents to faithfully discharo:e the 
duties enjoined by this act, the owner, commander, 
or the merchant, havins; the consi2;nment of said ves- 
sel, may recover equitable damages therefor, of the 
said corporation, in an action on the case, before 
any court proper to try the same. 

Sec. 4. Be it further enacted, That in case the Bridge, how lo- 

^ cated. 

bridge hereby authorized to be made, shall be so lo- 
cated 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 ca- 
pacity and convenience, for the passing and repass- 
ing of vessels, 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 discharges 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 be- 
ing placed in the rail road bridge, as required by 
the first part of this section. 

Sec. 5. Be it further enacted, T\\rX the draws Draws and pie.-s, 
and piers connected therewith, required to be made 
by this act, shall be located and made in such man- 
ner, as three commissioners, to be appointed by the 
Governor and Council, at or before the commence- 



318 BOS. & LOW. R. ROAD COR. March 5, 1832. 

ment of the work, and at the charge of said corpo- 
ration, 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 dimen- 
sions and height thereof, from the bottom of the 
channel, and 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 re- 
port to the Governor and Council 
Land or estate of Sec. 6. Bc it further euacted, That the said cor- 

any infant, lem- _ "^ 

me covert, or poratiou shall bc holdcn to pay all damages that 

person non com- ■* i j n 

pos mentis. 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 recovered 
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 hus- 
band 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 appro- 
priated as aforesaid, as are given in the eighth sec- 
lion of the said original act. 

bridge, &c. Sec. 7. Be it further enacted, That, in the place 

where said rail road bridge shall cross Prison Point 
Dam Bridge, the 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 
Prison 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. 

ifraii road pass Sec. 8. Bc it furthcr euacted, That if said rail 

Miller's river. '^ 

road shall pass through the village of East Cam- 



SQUANICOOK MANUF. CO. March 5, 1832 319 

bridge, and above the principal wharves now located 
on Miller's river, the said corporation are 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. 

[Approved by the Governor, March 5, 1832.] 



CHAP. LXXXVIII. 



An Act to incorporate the Squanicook Manufactur- 
ing Company. 

Sec. 1. j3E it enacted hy the Senate and House 
of Representatives in General Court assembled^ and 
hy the authority of the same, That Hiram Wolcott, Perspnsincoipo- 
Paul Gerrish, Elisha Giddens, Beriah Blood, Reu- 
ben Farrar, and Timothy Farrar, their associates, 
successors and assigns, be, and they hereby are, 
incorporated, by the name of the " Squanicook Man- 
ufacturing Company ;" to be located in the town 
of Townsend, in the county of Middlesex, for the 
purpose of manufacturing woollen and cotton goods, 
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 manufacturing corporations." 
41 



320 LOWELL MANUF. CO. March 5, 1832. 

Real and per- Sec. 2. Bc it further eucicted, That the said 

soncil estate. 

corporation may hold real estate, not exceeding one 
hundred thousand dollars, and personal estate not 
exceedhig one hundred thousand dollars, for the 
purpose of can} ing on the manufactures aforesaid. 

[Approved by the Governor, March 5, 1832.] 



CHAP. LXXXIX. 



An Act in addition to " An Act to incorporate the 
Lowell Manufacturing Company, at Lowell." 

JlJE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
Increase capital. % the authority of the same, That the Lowell Man- 
ufactuiing Company be, and it hereby is, authorized, 
to increase its present capital stock, by an addition 
thereto of one hundred thousand dollars. 

[Approved by the Governor, March 5, 1832.] 



FULTON MANUF. CO. March 5, 1832. 321 



CHAP. XC. 



An Act to incorporate the Fulton Manufacturing 
Company. 

Sec. 1 . oE it enacted by the Seriate and House 
of Representatives in General Court assembled^ and 
hy the authority of the same, That Henry Rice, Persons incorpo- 
N. R. Cobb, Hall J. How, Walter Farnsworth, 
William Phipps, N. F. Cunningham, and William 
Wright, 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 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 eio:ht hundred and thirty, 
entitled " an act defining the general powers and 
duties of manufacturing corporations." 

Sec. 2. Be it further enacted, That the capi- Cc^ph^i stock. 
tal stock of said corporation shall not exceed the 
sum of one million of dollars, and that the said cor- 
poration may be lawfully seized and possessed of real 
estate not exceeding the value of three hundred 
thousand dollars, exclusive of buildings and im- 
provements that may be made thereon by the said 
corporation. 

[Approved by the Governor, March 5, 1832.] 



322 SANDY BAY PIER CO. March 5, 1832. 



CHAP. XCI. 



An Act in addition to " An Act establishing the 
Sandy Bay Pier Company." 

Sec. 1. Be t^ enacted by the Senate and House 
of Representatives in General Court assembled, and 
Long Cove in % the authority of the same, That, for the pur- 
Sandy Bay. ^^^^ ^^ making a safe and convenient harbor of 
Long Cove, so called, in Sandy Bay in Gloucester, 
in the county of Essex, " the Sandy Bay Pier Com- 
pany" shall be authorized to purchase, take and 
hold all the lands and flats and privileges thereunto 
belonging, included vv^ithin the following bounds, 
beginning at Norwood's head, so called, a sufficient 
distance from the bank for a good cartway, thence 
westerly to a 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 
continuing 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 north- 
westerly 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 of the same, 
thence southwesterly, by land of E. Oakes, and oth- 
ers to the highway ; thence northwesterly by the 
highway until it comes to fifty feet distance from 



SANDY BAY PIER CO. March 5, 1832. 323 

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 roadj 
thence by said road and George Dennison's land to 
the highway, thence northwesterly by the highway 
to widow Sally Tarr's land, thence northeasterly 
hy said Tarr's land to the corner of the same, 
thence northwesterly and other courses by land of 
Sally Tarr, George Dennison, Samuel Mc Jennet, 
Daniel Thurston, John Burns, and Thomas O. Mar- 
shall and Co., also including all the land northeast- 
erly commonly called Bearskin neck. 

Sec. 2. Be it further enacted, That said " San- Breakwaters, 
dy Bay Pier Company" shall be authorized to build 
breakwaters, or piers, so far across the entrance of 
said Long Cove as may be necessary to make a safe 
and convenient harbor of said cove, and that they 
may make such wharves and other erections, as 
may be necessary for the purposes aforesaid ; provi- 
ded that the additional real estate, which said com- 
pany 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 obtained by vo- 
luntary agreement. And any person sustaining any 
damage by the taking of his 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 com- 
mon pleas for the county of Essex, for a committee 
to be appointed to estimate the said damages, as is 
provided in the second section of the act entitled, 



324 SANDY BAY PIER CO. March 5, 1832. 

*' 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 provided in said section concern- 
ing such persons as might sustain damage under the 
said act to incorporate the " Pigeon Cove Harbor 
Company." 
Enlargement of ^^^* ^' ^^ *^ further enucted, That the said 
thriddSo''/ Company may enlarge their capital stock by adding 
new shares. such numbcr of ncvv shares, of the value of one 
hundred dollars each, as may be necessary to defray 
the expense of making said breakwaters, piers, 
wharves and erections, and all the expenses attend- 
ing 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 de- 
termine, and said new shares shall be held in the 
same manner, and with the same privileges, and 
subject to the same restrictions, as shares 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 on the 
game, 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 corporation in such 
manner as they may determine. And if the pro- 
prietor of any share shall neglect and refuse to pay 
any subsequent assessment for the term of thirty 
^ays from the time the same shall become due, the 



SANDY BAY PIER CO. March 5, 1832. 325 

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 ap- 
plied 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 there- 
of: Provided however, that if before the actual sale 
of any such share, the proprietor thereof shall pay 
the assessments due thereon, with interest from the 
time they become due, and all legal charges, the 
sale shall not proceed. 

Sec. 4. Be it further enacted, That all the es- Appraisemenn 

*^ ^ of property, 

tate, property, and shares now belonging to said 
Sandy Bay Pier Company shall be appraised by 
three commissioners to be appointed by the 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 as aforesaid. And the 
said commissioners shall be sworn before one of the 
justices of the peace for said county of Essex, faith- 
fully and impartially to appraise such estate, proper- 
ty and shares ; and the said commissioners shall 
make duplicate returns of their doings in the premi- 
ses, 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 delivered 
to the clerk of the said " Sandy Bay Pier Compa- 



lions 



Voles. 



326 SANDY BAY PIER CO. March 5, 1832. 

ny," and such appraisal, so made by the said ccfm- 
missioners, or a major part of them, shall be taken 
to be the true value of the estate, property and 
shares of said Company. 
Income of erec- Sec. 5. Be it further euacted, That the proprie- 
tors of the existing shares of said company shall be 
entitled to receive the income of all the erections, 
which have been heretofore made by said company, 
and shall ha\ e 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 dockag^e. 

Sec. 6. Be it further enacted, That at all their 
meetings 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 proprietors may 
vote by proxy authorized in writing. 

Sec. 7. Be it further enacted, That unless said 
breakwaters 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. 

[Approved by the Governor, March 5, 1832.] 



MILLBURY ACADEMY. March 5, 1832. 327 

CHAP. XCII. 



An Act to incorporate the Proprietors of Miilbury 
Academy. 

Sec. 1 . 13E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Caleb Burbank, 
Asa Waters, Simon Farnsworth, Jonas L. Sibley, rated. 
Abraham G. Randall, with their associates and 
successors, be and they hereby are made a body cor- 
porate, for the purpose of educating youth in the 
languages, and in the liberal arts and sciences, by 
the name of the " Proprietors of Miilbury Acade- 
my " in the town of Miilbury. 

Sec. 2. Be it further enacted, That said corpo- ^^^''^"'^p^so"- 
ration may hold real estate not exceeding six thou- 
sand dollars, and personal estate not exceeding 
twelve thousand dollars, to be appropriated and used 
for the purpose of education and instruction of 
youth and others in the languages and sciences. 

Sec. 3. Be it further enacted, That said corpo- By-iaws. 
ration 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. 

Sec. 4. Be it further enacted, That any one of first meciingf. 
the persons named in this act may call the first 
meeting of said proprietors by giving personal no- 
tice thereof, ten days previous to the time of said 
meeting. 

[Approved by the Governor, March 5, 1832.] 
42 



328 TOWN OF WEBSTER. March 6, 1832. 



CHAP. XCIII. 



An Act to incorporate the town of Webster. 

Sec. 1. J3E it enacted by the Senate and House 

of Representatives, in General Court assembled, and 

Territory in the bv the authoritij of thc saMC^ That the territo- 

soiiiherly part of , r -iXT 

the county of rv itt the southerlv part 01 the countv 01 Worces- 

Worcesterincor- . • ''i • i r ii • t ''• 

poratedintoa ter, compnsed within the followine; hmits, that is to 

town by the ' - r . , , ^ r -J 

nameoiwebster. sav, beginning at the southwest corner 01 said ter- 
ritory where the line between Massachusetts and 
Connecticut intersects French River ; thence run- 
ning easterly, by said line, to the south west corner 
of Douglas ; thence northerly by the line which di- 
vides Douglas from Oxford South Gore, until it in- 
tersects the line between Oxford and Douglas • 
thence due west two and three fourth miles and thir- 
ty 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 Samuel Slater, lo the middle of 
said river ; thence southerly by said river, to the 
first mentioned corner, together with all the inhab- 
itants dwelling thereon, be, and they hereby are, in- 
corporated into a town, by the name of Webster, and 
vested with all the powers, privileges and immuni- 
ties, and subject to all the duties and requirements 
of other incorporate towns, agreeably to the consti- 
tution and laws of this Commonwealth. 

Sec. 2. Be it further enacted. That the inha- 

Arrears of taxes. ^ -^ 

bitants of said town of Webster shall be holden to 



TOWN OF WEBSTER. March 6, 1832. 329 

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 tax- 
es assessed, and not heretofore collected, shall be 
collected 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. 

Sec. 3. Be it further enacted, That the said Liability to pay 

^ ' two seventh parts 

town of Webster shall hereafter be liable to pay two °^ ^" expenses 

I ^ necessarily to be 

seventh parts of the expenses necessarily to be in- 'n'^"f'"ed in the 

i 1 J maintenance oi 

curred in the support of all paupers who at the time p^^p^'^- 
of the passing of this act were actually 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 sup- 
port of paupers, at present receiving relief from the 
said town of Oxford. And that in all cases of pau- 
pers, 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 Dud- 
ley, previous to the passing of this act, the said 
paupers shall be supported by the town, within the 
territorial limits of which such settlement was gain- 
ed, the said town of Webster being required to sup- 
port all such as have acquired, or shall hereafter ac- 
quire a settlement within the territory herein des- 
cribed. 

Sec. 4. Be it further enacted. That the said Expenses accm- 

»^ ' ing from the con- 

town of Webster shall be holden to pay and dis- struciion of a 

^ '^ _ county road. 

charge two seventh parts of all expenses which 
may accure to the said town of Dudley in the 
construction of a county road, leading from a 
point near the dwelling house of Ralph Vinton to 
the line of Oxford, which the county commissioners 
for the county of Worcester have heretofore located 



330 TOWN OF WEBS'l^ER. March 6, 1832- 

and ordered to be wrought ; and shall also pay and 
discharge two seventh parts of all debts and obli- 
gations due and incurred by the town of Dudley 
before the passing of this act, by virtue of any con- 
tract 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, never-' 
theless, that all monies now in the treasury of the 
said town of Dudley, or which may hereafter be 
paid into the same, as the proceeds of taxes already 
assessed, 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 dis- 
charge of the liabilites due from, or incurred by the 
town of Dudley as aforesaid. 

Sec. 5. Be it further enacted, That the bridge 
rreifcb riT/r. o^cr Frcuch River, near Preston's cotton mill, and 
the bridge on the same stream, near Slater's cotton 
thread mill, shall forever hereafter 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 legal 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. 

Slate and county SeC. 6. Bc it furthCT euacted, ThdiX., O^ d\\ S\.?i{Q 

and county taxes which shall be required of said 
towns, previous to a new valuation, the said town of 
W^ebster shall pay thereof in the proportion in which 
the said town of W ebster 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. 



taxes 



MERCANTILE BANK. March 6, 1832. 331 

Sec. 7. Be it further enacted, That any justice Meeting (or ibe 

•^ •' '' choice of town 

of the peace for the county of Worcester, upon ap- officers. 
plication therefor, is hereby authorized to issue his 
warrant, directed to any freeholder in the said town 
of Webster, requiring him to notify and warn 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 requi- 
red to choose at their annual town meetings, 

[Approved by the Governor, March 6, 1 832.] 



CHAP. XCIV. 



An Act to incorporate the President, Directors and 
Company of the Mercantile Bank in the City of 
Boston. 

Sec. 1 . JlJE iV enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Isaac Mc Persons incorpo- 
Lellan, Robert G. Shaw, Samuel S. Lewis, John 
Kettell and Charles Henshaw, their associates, suc- 
cessors and assigns, shall be, and they hereby are 
created a corporation by the name of the Presi- 
dent, Directors and Company of the Mercantile 
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 powers and 
privileges, and subject to all the duties, liabilities 



332 MERCANTILE BANK. March 6, 1832. 

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 further provisions contained in an act pass- 
ed 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 bank- 
ing corporations therein named, and for other pur- 
poses." 

Transfer of Sec. 2. Be it further enacted, That the stock 

in said bank shall be transferable only at its bank- 
ing house and in its books, and no part thereof shall 
be transferred by way of security for the perform- 
ance of any obligation whatsoever, until two years 
from the payment of the first instalment into said 
bank. 

Capital stock, Sec. 3. Bc it fuTtJier enacted, That the capital 

cousisiin^ of five i r • i • in • p/-i 

hundred ihou- stocK 01 Said corporatiou shall consist 01 five hun- 
divided into dred thousand dollars, to be divided into shares of 
hundred dollars ouc huiidrcd dollars cach, to be paid in such instal- 
ments, and at such times, as the stockholders may 
direct. Provided, that the whole be paid in within 
one year from the passing of this act. 

Sec. 4. Be it further enacted, That the said 
bank shall be established and located on Commer- 
cial street, as near the head 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. 



each. 



Location. 



•&' 



[Approved by the Governor, March 6, 1832.] 



INSURANCE COMPANIES. March 6, 1832. 333 



CHAP. XCV. 



An Act in addition to an Act to define the Powers, 
Duties and Restrictions of Insurance Companies. 

Sec. 1. 1>E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That all Insurance Election ofoffi 
Companies which shall hereafter be incorporated by 
the authority of this Commonwealth, are hereby 
required to elect by ballot annually, or oftener, a 
secretary, who shall be the clerk, who shall be 
sworn to the faithful discharge of his duty, and 
whose duty it shall be to keep a true and faithful 
record of all the votes of the stockholders and of 
the directors, and a true list of the stockholders, 
and of the number of shares held by each one, and 
to record every transfer of a share or shares in a 
transfer book to be by him kept for that purpose, 
in addition to the other duties of such secretary as 
prescribed by law. 

Sec. 2. Be it further enacted. That the capital capUai stock. 
stock of all such companies shall be all collected 
and paid in within the time of twelve months from 
the grant of the charters to such companies respec- 
tively, and the said companies shall never take on 
any one risk a sum exceeding ten per centum on 
the respective capital stocks of the said companies 
actually paid in. 

Sec. 3. Be it further enacted. That the stock. Directors. 
property, affairs and concerns of every such compa- 
ny shall be managed and conducted by not less than 



334 INSURANCE COMPANIES. 3Iarch 6, 1832. 

seven directors, one of whom shall be president of 
the company, and who shall hold their offices for 
one year, and until others are chosen, and who shall 
be stockholders in the company and citizens of this 
Commonwealth at the time of their election, which 
shall be held at such time and place, and shall be 
conducted in such manner as shall be provided in 
the by-laws of the company. Provided, that all 
elections shall be made by ballot and by a majority 
of the votes of the stockholders present, or absent 
and voting by proxy, and one vote shall be allowed 
for each share, saving that no one stockholder shall 
be allowed more than thirty votes, 
^. . ,„ . Sec. 4. Be it further enacted. That the direc- 

Cboice ofPresi- "^ 

dent. ^Q^5 sj^all meet as soon as may be after their elec- 

tion, and choose from their board one person to be 
president, who shall be sworn to the faithful dis- 
charge of the duties of his office, and every vacan- 
cy in the office of president and directors that may 
occur in the interim of the annual elections may 
be filled by a special election in the manner herein 
prescribed for the annual elections. 

Board for doing Sec. 5. Bc it furthtr enacted, That the pres- 
ident and three directors, and in the absence of the 
president, four directors, shall be a board compe- 
tent to transact the business of the company, and 
in all questions before them, a majority of the board 
shall prevail, except in those cases already otherwise 
provided for by law, and they shall have power 
to make such rules and by-laws as they may deem 
proper for the arrangement and security of the af- 
fairs and property of said company, and to -appoint 
such officers as they may think necessary, and 
make such compensation as they may deem ade- 
quate to the services performed. Provided, that 



business. 



INSURANCE COMPANIES. March 6, 1832. 335 

such rules and by-laws be not repugnant to the 
constitution and laws of this Commonwealth. 

Sec. 6. Be it further enacted, That any two pj^^j meeiin«'. 
of the persons named in the act incorporating any 
such company, are authorized to call the first meet- 
ing 1 thereof for the purpose of organizing the 
same, by giving notice in two newspapers printed 
within or nearest to the town in which said compa- 
ny shall be established, seven days previous to the 
time of holding such first meeting, or by giving 
personal notice of the time and place of said meet- 
ing, to all persons interested therein, seven days 
previous thereto, of which an especial record shall 
be made. 

Sec. 7. Be it further enacted, That said compa- Liable to be 

^ taxed. 

nies shall be liable to be taxed by any general law, 
providing for the same. 

Sec. 8. Be it further enacted, That in all suits 

. , . , . , ^ . , . Actions at law. 

and actions at law, in which any or said companies 
shall be a party, it shall be lawful for the defend- 
ants to plead the general issue, and thereupon to 
give in evidence, such facts, causes and circumstan- 
ces, as they shall have notified in writing to the 
plaintiffs or their attorney, at least seven days pre- 
vious to the trial thereof. 

[Approved by the Governor, March 6, 1832.] 



43 



336 LOWELL FIRE INS. CO. March 6, 1832. 



CHAP. XCVI. 



An Act incorporating the Lowell Mutual Fire Insu- 
rance Company. 

Sec. \. 13 E it enacted by the Senate and House 
of Representatives in General Court assembled, and 

Persons incorpo- by tlic authority of the same, That Kirk Boott, Lu- 
ther Lawrence, Elisha Glidden, Cyril Coburn, Pel- 
ham W. Warren, Darius Young, Aaron Mansur, 
George Brown, John L. Sheafe, Stephen Mansur, 
Thomas B. Goodhue, Francis Hilliard, Nathaniel 
Wright, John C. Dalton, Seth Ames, Benjamin Wal- 
ker, James G. Carney, Samuel F. Haven, William 
T. Heydock, John Nesmith, Thomas Nesmith, Al- 
pheus Smith, Francis Thompson, Timothy Frye, 
Hazen Elliot, Matthias Parkhurst, Simon Adams, 
Alvah Mansur, Ransom Reed, Joseph G. Kittridge, 
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. 

One hundred Sec. 2. Bc it furtJicT enttctcd, That when the 

thousand dollarsi i m i i • i i ii . . 

sum subscribed to be insured shall amount to one 
hundred thousand dollars, said corporation may insure 
for the term, of from one to seven years, any build- 
ings, goods or moveables whatsoever in this Com- 
monwealth, or in the state of New Hampshire to 
any amount not exceeding three fourths of the value 
of the property insured. 



Investment of 



LOWELL FIRE INS. CO. March 6, 1832. 337 

Sec. 3. Be it further enacted, That said cor- 
poration may choose such officers, and establish 
such by-laws as they may deem necessary, not re- 
pugnant to the constitution and laws of this Com- 
monwealth, and each member shall have as many 
votes as he has policies, and may vote by proxy. 

Sec. 4. Be it further enacted, That the funds 
of said corporation shall be invested in stocks or funds 
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 exceeding the amount of their then 
existing funds, the directors shall without delay as- 
sess 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. 

Sec. 5. Be it further enacted, That when any Execution, how 
member shall recover judgment against said corpo- 
ration, 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 demand 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 
damage therefor. 

Sec. 6. Be it further enacted, That each policy policies create a 
of insurance, shall of itself, without any other cere- in'sured.^""^'"^* 
mony, create a lien on any building insured and on 
the land under it for the payment of the premium 



338 LOWELL FIRE INS. CO. March 6, 1832. 

stipulated in said policy, and of all assessments law- 
fully made by virtue thereof: but this provision 
shall not prevent the taking of other collateral secu- 
rity. 

Where a neces- Sec. 7. Be it further enactcd, That in case it 

silv cxisis of rc- 

soriingtoiheiien should bccome ucccssary to resort to the lien on the 

insured. payment propcrty Insurcd, the treasurer shall demand pay- 
may be demand- r i • i i • i i • i 

ed of the insured mcnt 01 the msured, or his legal representative, and 

or his legal rep- , . , . ^ , . . , . r 

reseniaiive. likevvise oi the tenant in possession ; and in case or 
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 re- 
demption 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. 

Liable to laxa- Sec. 8. Be it further enacted, That this cor- 
poration shall be liable to be taxed by any general 
law of this Commonwealth, taxing other similar in- 
stitutions ; and any member named in this act may 
call the first meeting by advertising the time and 
place of such meeting in some newspaper published 
at said Lowell, ten days at least before the time of 
meeting. 

[Approved by the Governor, March 6, 1832.] 



tion 



W. STOCK. RAIL ROAD. March 6, 1832. 339 



CHAP. XCVIL 



An Act to incorporate the Pittsfield and West 
Stockbridge Rail Road Company. 

Sec. 1. j3E U enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the seme, That Samuel M. P^sinco.po- 
M'Kay, Lemuel Pomeroy^ Thomas 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 that 
name may sue and be sued, plead and be implead- 
ed, in any court of law or equity, and have a com- 
mon seal, and the same may alter or renew at plea- 
sure, and do all acts and things necessary to carry 
into effect the object and purposes of this act. 
And the said corporation are hereby authorized and 
empowered to locate, construct, and finally com- 
plete a 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 Four rods wide. 
rods wide, and for the purpose of cuttings, em- 
bankments, 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, however, damages for taking such land or 
materials, in the manner hereinafter provided. 

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



340 W. STOCK. RAIL ROAD. March 6,.m32. 

stock of said corporation shall consist of four thou- 
sand eight hundred shares, of fifty dollars each, and 
the immediate government and direction of its af- 
fairs shall be vested in five directors, who shall be 
chosen by the members of the corporation, in the 
manner hereinafter provided, who shall hold their 
offices for one year, and until others shall be duly 
elected and qualified to take their 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 president of the corpora- 
tion, 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 satisfaction of the directors, in a 
sum not less than six thousand dollars for the faith- 
ful discharge of his trust. 
Empowered to Sec. 3. Be it further enacted, That the presi- 

consiruci arail ^ . . ' 

road. dent and directors 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, con- 
structing, and completing said rail road, and all oth- 
er pow'ers and authority necessary and proper to 
carry into effect the objects of this grant ; to pur- 
chase 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 of said corpo- 
ration, 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 same to be paid to the treasurer of the 



W. STOCK. RAIL ROAD. March 6, 1832. 341 

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, 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 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. 

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

■ laws. 

corporation 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 
Commonwealth. 

Sec. 5. Be it further enacted, That a toll be, and tou. 
hereby is granted and established, for the sole ben- 
efit of said corporation, on all passengers and pro- 
perty, 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 oth- 
er matters and things, in relation to the use of said 
road, shall be in conformity to such rules, regula- 
tions and provisions as the directors shall, from time 
to time, prescribe and direct, and any person con- 
forming thereto may use said road. Provided, how- 
ever, that the legislature may, in four years after the 



Toll-houses, &c. 



342 W. STOCK. RAIL ROAD. March 6, 1832. 

completion of the road, and any four years there- 
after, raise 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. 

Sec. 6. Be it further enacted, That the directors 
of said corporation, for the time being, are hereby 
authorized to erect toll-houses, establish gates, ap- 
point toll gatherers, and demand toll, upon the road 
when completed, and upon such parts thereof as 
shall from time to time be completed ; and they 
shall, from year to year, make a report to the legis- 
lature under oath, of their acts and doings, receipts 
and expenditures, under the provisions of this act ; 
and their books shall be at all times open to the in- 
s}D€ction of any committee of the legislature, ap- 
pointed 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 thou- 
sand dollars, to be recovered by action or indict- 
ment, in any court of competent jurisdiction. 

Sec. 7. Be it further enacted, That the said 
den to pay dam- eoruoiation shall be holden to pay all damages, that 

ages springing 1 1 ^ o ' 

bndof\^nv° e'r! ^^^y ''^^'^^ t^ ^"^y pcrsou or corporatiou, by taking 
no"' be''^o"biainTd their laud for said rail road, when it cannot be ob- 
greem'em!^'^ """ taiucd 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. 

Sec. 8. Be it further enacted, That when the 

lands, or other property, or estate of any married 



Corporation hoi- 



W. STOCK. RAIL ROAD. March 6, 1832. 343 

woman, infant, or person non compos mentis, shall 
be necessary, for the construction of said rail road, 
the husband of such married woman, and the guar- 
dian of such infant, or person non compos mentis, 
maj release all damages in relation to the lands, or 
estates, to be taken and appropriated as aforesaid, 
as they might do, if the same were holden by them 
in their own right respectively. 

Sec. 9. Be it further enacted, That if any per- porfcure for in- 
son shall wilfully, maliciously, or wantonly, and con- C^o^ra^n mad' 
trary to law, obstruct the passage of any carriage 
on said rail road, or in any way spoil, injure, or de- 
stroy, said rail road, or any part thereof, or any 
thing belonging thereto, or any materials or imple- 
ments to be employed in the construction, or for the 
use of said road, or shall aid, assist, or abet such 
trespass, 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 be- 
fore any court of competent jurisdiction, by the 
treasurer of the corporation ; and such offender 
shall be liable to indictment, and on conviction be- 
fore 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. 

Sec. 10. Be it further enacted, That the annual j^^^^^^ aieeiing. 
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 propietor being entitled 

44 



344 W. STOCK. RAIL ROAD. March 6, 1832. 

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 persons named in this act, 
cr any three of them, are hereby authorized to call 
the first meeting of said corporation, by giving no- 
» tice in the Pittsfield Sun, and in the Journal and 

Argus, printed in Lenox, of the time, place and pur- 
pose of such meeting, at least ten days before the 
time mentioned in such notice. 
Wherever rail Sec. 1L Be it further e7iacted, That if the said 

road shall cross m i • i i /-in 

any canal, lurn- rail road, in the course thereoi, shall cross any pn- 

pike, or other • i m i i ii i i 

highway it shall vate Way, said rail road shall be so constructed, as 

so be constructed . i r- i • r- 1_ 

as not to impede uot to obstruct the salc and convenient use oi such 

the safe and con- . • i i n i • i J 

venieni use of Way, otherwisc the party affgrieved shall be entitled 

such canal, turn- , . . , * -' _ teb 

pike, or other to his actiou ou the casc in any court proper to try 

highway. / , i 

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 oth- 
er highway, it shall be so constructed as not to im- 
pede 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 conveniently 
pass under or over the same ; and if said corpora- 
tion do not exercise said power, in a manner satis- 
factory 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 proprietors or selectmen may require, in writ- 
ing, of said corporation, such alteration or amend- 
ment, 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 
county commissioners, and the said corporation shall 



W. STOCK. RAIL ROAD. March 6, 1832. 345 

unnecessarily and unreasonably neglect to make the 
same, such proprietors or selectmen, as the case 
may be, may proceed to make such alteration or 
amendment, and may institute and prosecute to 
final judgment and execution, in any court proper 
to try the same, any action of the case against said 
corporation, and shall therein recover a reasonable 
indemnity in damages, for all charges, disburse- 
ments, labor and services, occasioned by making 
such alteration or amendment, with costs of suit. 

Sec. 12. Be it further enacted, That no other Nootherroadto 
rail road, than the one hereby granted, shall, with- tirirty"yJars7&c! 
in thirty years from passing this act, be author- 
ized to be made, leading from Pittsfield through 
Richmond to any place within five miles of the 
western termination of the rail road hereby grant- 
ed. 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 grant- 
ed 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 establish- 
ed by the Pittsfield and West Stockbridge corpora- 
tion by virtue of the fifth section of this act. Pro- 
vided also, that the state may, after the expiration ^ftg^iheex h 
of twenty years from the opening for use of the ye"rs° fror"'ihe 
rail road herein provided to be made, purchase of "nKif^maT 
the said corporation the said rail road, and all the JJlfrSe "The^said 
franchise, property, rights and privileges of the said '"'''' '°^'^- 
corporation, on paying therefor the amount expend- 
ed in making said road, together with such further 
sum, as shall, with the net profits and income they 
may have received from tolls and other sources of 
profit on account of said rail road, amount to ten 
per cent, annually upon such cost ; and after such 



346 W. STOCK. RAIL ROAD. March 6, 1832. 

purchase, the limitation provided in the fifth sec- 
tion of this act shall cease, and be of no effect, 
condiuonsonhis Sj,^,_ ^Q ^^ ^ farther enacted, That if the 

stock shall not have been subscribed for, the com- 
pany organized, and location of the route filed with 
the proper county commissioners, previous to the 
first day ^of January, eighteen hundred and thiity- 
four, or if the stock, being so subscribed for, the 
company organized, and location made as aforesaid, 
the said corporation shall fail to complete said rail 
road before the first day of April, eighteen hundred 
and thirty-six, in either of the before mention- 
ed cases, this act shall be void, and of no effect, oth- 
erwise it shall remain in full force, until the Com- 
monwealth shall purchase the said rail road as 
aforesaid. 
„., ., Sec. 14. Beit further enacted. That said corpo- 

Bndges with ^ ^ J *■ 

their abuimenis ration shall coustautlv maintain, in good repair, all 

and embank- _ _ •' ' o i ' 

menis, bridgcs, with their abutments and embankments, 

which they may construct, for the purpose of pass- 
ing their rail road over any canal, turnpike or other 
highway, or private way; or of passing such pri- 
vate way, turnpike or other highway, over said rail 
road. 

[Approved by the Governor, March 6, 1832.] 



BRISTOL COUNTY BANK. March 6, 1832. 347 



CHAP. XCVIII. 



An Act to incorporate the President, Directors and 
Company of the Bristol County Bank in Taun- 
ton. 

Sec. 1. .dE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That William A. Crock- 
er, Charles Richmond, Nathan Lazell Jr., Nahum raled" '"'^°'^p°' 
Mitchell, Samuel L. Crocker, Jacob Perkins, D. G. 
W. Cobb, and George A. Crocker, 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 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 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 contain- 
ed in an act passed the twenty eighth day of Feb- 
ruary, 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 oth- 
er purposes." 

Sec. 2. Be it further enacted, That the stock in Transfer of stock. 
said bank shall be transferable only at its banking 
house, and in its books, and no part thereof shall be 



348 PROVINCETOWN INS. CO. March 6, 1832. 

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. Sec. 3. Be it further enacted, That the capi- 

tal 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. 

Location ^^^* ^* ^^ ^^ further enacted, That the said 

bank shall be established in the town of Taunton, 
and that any three 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 Taunton, ten days at least before said 
meeting. 

[Approved by the Governor, March 6, 1832.] 



CHAP. XCIX. 



An Act to incorporate the Fishing Insurance Com- 
pany at Province town. 



Persons incorpo- 
rated. 



Sec. 1. 1>E it enacted by the Senate and House 
of Representatives in General Go^irt assembled, and 
by the authority of the same. That Simeon Co- 
nant, Henry Willard, Samuel Soper, Thomas Nick- 
erson, Jonathan Cook, Jr., Elisha Young, Ephraim 
Cook, Charles Parker, and Solomon Cook, with 



PROVINCETOWN INS. CO. March 6, 1832. 349 

their associates, successors and assigns, be, and they 
are hereby incorporated into a company and body 
politic by the name of the Fishing Insurance Com- 
pany at Provincetown, for the purpose of taking 
marine risks on vessels employed in the fishing and 
coasting business, their cargoes and appurtenances, 
with all the powers and privileges granted to insur- 
ance companies, and subject to all the restrictions, 
duties and obligations contained in a law of this 
Commonwealth entitled " an act to define the pow- 
ers, duties and restrictions of Insurance Companies," 
passed on the sixteenth day of February in the year 
of our Lord eighteen hundred and eighteen, for and 
during the term of twenty years after the passing of 
this act, and by that name may sue, and be sued, 
plead and be impleaded, appear, prosecute and de- 
fend, to final judgment and execution ; and may 
have a common seal, which they may alter at plea- 
sure ; and may purchase, hold and convey any es- 
tate, real or personal, for the use of said company ; 
provided, the said real estate shall not exceed the 
value of fifteen thousand dollars, excepting such as 
may be taken for debt, or held as collateral securi- 
ty for money due to said society. 

Sec. 2. Be it further enacted, That the capital capUai stock, 
stock of said company shall be thirty thousand dol- 
lars, and shall be divided into shares of fifty dollars 
each, fifteen thousand dollars of which shall be paid 
in money within sixty days after the 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 di- 
rectors shall in their discretion direct and appoint. 
And the said capital stock shall not be sold or trans- 
ferred, but shall be holden by the original subscrib- 



350 PROVINCETOWN INS. CO. March 6, 1832. 

ers thereto for and during the term of one year after 
the said company shall go into operation. 

Directors. Sec. 3. Be it further enacted, That the stock, 

property, affairs and concerns of the said company 
shall be managed and conducted by nine directors, 
one of whom shall 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 in said 
company, and citizens of this Commonwealth, and 
shall he 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 directors for the time being shall appoint, of 
which election public notice shall be posted up in 
two public houses in Provincetown, and continue 
for the space of ten days immediately preceding 
such election, and the election shall be made by 
ballot, by a majority of the stockholders present, 
allowing one vote to each share in the capital stock. 
Provided, that no stockholder shall be allowed more 
than 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 in February as aforesaid, it shall 
be lawful to choose them on any other day in the 
manner herein provided. 

Choice ofPresi- Sec. 4. Be it further enacted, That the direc- 
tors, when chosen, shall meet as soon as may be 
after every election, and shall choose out of their 
body one person, to be president, who shall be 
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 



dent. 



PROVINCETOWN INS. CO. March 6, 1832. 351 

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 vv^hich 
they happen, by a special election for that purpose, 
to be held in the same manner as hereinbefore di- 
rected respecting annual elections of directors. 

Sec. 5. Be it further efiacted, That the presi- Board for doing 
dent and five of the directors, or six of them in his ab- ^"^'"'='^- 
sence, 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 com- 
pany, and the transfer of the shares, and touching 
the duties and conduct of the several officers, clerks 
and servants employed, and the election of direc- 
tors ; and all such matters as appertain to the busi- 
ness of insurance ; and shall also have power to ap- 
point a secretary, and as many clerks and servants, 
for carrying on the said business, and with such sal- 
aries and allowances to them and to the president, 
as to the said board shall seem meet ; Provided, 
such by-laws and regulations shall not be repugnant 
to the constitution and laws of this Commonwealth. 

Sec. 6. Be it further enacted, That any two or ^T'a^ "^y''/ 

•J ^ J called by notin- 

more of the persons named in this act are hereby faiionintwopub- 

1 J lie nouses m said 

authorized to call a meeting of said company, by ""''"• 
posting up notice in two public houses in Province- 
town, two successive weeks, for the purpose of 
electing their first board of directors, who shall 
contiiuic in office till the first Monday in February, 
then next ensuing, and until others shall be chosen 
in their stead ; Provided however, that this charter 

45 



352 PROVINCETOWN INS. CO. March 6, 1832. 

shall be void and of no effect, unless put into ope- 
ration, agreeably to the terms of it, within one year 
from and after the passing of this act ; And provi- 
ded 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 stock 
of said company shall have actually been paid. 
Srway'on'he Sec.7. Be it furtker euacted, That said com- 
samebotiom. pauy sliall uevcr take, on any one risk or loan, on 
respondentia or bottomry, at any one time, includ- 
ing 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. 
Company to be Sec. 8. Be it furtlieT eiiacted, That the said 

located and kept • ■liiuIj.JJIj.'^u 

inProvinceiowD. msuraucc compauy shall be located and kept m the 

town of Province town. 

Sec. 9. Be it further enacted, That the said in- 
Liabie to laxa- suraucc compauy shall be liable to be taxed by any 
*'°°" general law providing for the taxation of all similar 

corporations which are by law liable to be taxed. 

[Approved by the Governor, March 6, 1832.] 



CONNECT. RIV. BRIDGE. Marchl, 1832. ^6S 



CHAP. C. 



An Act in addition to " an Act to incorporate cer- 
tain persons for the purpose of building a bridge 
over Connecticut River, between the towns of 
Sunderland and Deerfield, in the county of 
Hampshire." 

13 E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That the proprietors Amhority 
of Sunderland Bridge be, and they are hereby 'JJ's^Kr 
authorized and empowered to erect a bridge over ^^-AieoleTcln- 
Connecticut River, not less than twenty six feet in 
■width, any thing in the act to which this is in addi- 
tion to the contrary notwithstanding. 

[Approved by the Governor, March 7, 1832.] 



given 



neciicut river. 



364 HANCOCK'S WHARF. March 7, 1832. 



CHAP. CL 



An Act to authorize the Proprietors of " Hancock's 
Wharf," to extend the same. 

Sec. 1. i^E it enacted by the Se7iate and House 
of Representatives, in General Court assembled, and 
Persons inco> po- j^^^g authority of tlic samc, That the proprietors 
of the wharf in the city of Boston, now called and 
known by the name of Hancock's wharf, be and 
they hereby are authorized and empowered to ex- 
tend and maintain the said wharf into the harbor 
channel, as far as to a line drawn straight from the 
present notheasterly 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 south- 
easterly 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 the same," passed on the twenty seventh 
day of February in the year of our Lord one thou- 
sand eight hundred and twenty nine ; and that the 
proprietors 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, 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. 



LEWIS' WHARF. Marc/i 7, 1832. 355 

Sec. 2. Be it further enacted, That nothing J^^^ed""' '** 
herein contained shall be construed to authorize 
the proprietors of said Hancock's wharf to lessen 
or injure the rights or property of the owner or 
owners of any wharf or wharves adjoining said 
Hancock's wharf. 

[Approved by the Governor, March 7. 1832.] 



CHAP. CII. 



An Act to authorize the Proprietors of Lewis' Wharf 
to extend the same. 

Sec. 1. jjE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That the proprietors of Extension of 
the wharf in the city of Boston, now called and ^""* 
known by the name of Lewis' Wharf, be, and they 
are hereby authorized and empowered to extend and 
maintain the said wharf into the harbor channel, as far 
as to a line drawn straight from the present north- 
easterly corner of the end of Long wharf, or Boston 
Pier, 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 pro- 
prietors of said Union Wharf are authorized to ex- 
tend the same by an act entitled " an act to autho- 
rize the proprietors of Union Wharf to extend the 
same" passed on the twenty seventh day of Febru- 
ary, in the year of our Lord one thousand eight 



356 ANDOVER METH. CHURCH. March 7, 1832. 

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 
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 established north- 
easterly of said Long Wharf by the city of Boston 
and others. 
Nothing iu this Sec. 2. Be it further enacted, That nothing 

act gives author- _ '^ ^ ^ 

ity to injure the hcreiu contaiucd shall be construed to authorize the 

wharves adjoin- 
ing Lewis wharf, 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. 

[Approved by the Governor, March 7, 1832.] 



CHAP. cin. 



An Act to incorporate the Trustees of the First 
Methodist Episcopal Church in Andover. 

Sec. 1. 15E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 

Persons incorpo- , , , . ^ , rr>, i-v • i o 

rated. by the authority oj the same, Ihat Daniel laun- 

ders, Orlando Abbot, Charles Abbot, Parker Rich- 
ardson, Charles F. Abbot, Samuel K. Hutchinson, 
and Solomon H. Higgins, of Andover, and their 
successors in office be, and they hereby are consti- 
tuted a body corporate, by tlie name ot" the Trus- 



ANDOVER METH. CHURCH, March 7, 1832. 357 

tees of the First Methodist Episcopal Church in 
Andover. 

Sec. 2. Be it further enacted, That the said Trustees may 

"^ ^ hold property for 

trustees, and their successors in office, shall have t''^ purposes for 

whirn it may be 

power to receive, hold and possess all the property commuted to 
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 ca- 
pacity, for the use and benefit of said church, shall 
be valid, to every intent and purpose, and the said 
trustees may hold and possess, as aforesaid, funds, 
consisting of real and personal estate, belonging to 
said church, the annual income of which shall not 
exceed two thousand dollars. 

Sec. 3. Be it further enacted, That the board a majority of the 

, , •111 1 bo.ird of trustees 

01 trustees hereby constituted, and that may be constitutes a quo- 

.,,,,,, . ,. , rumfor the trans- 

hereaiter elected, shall consist or seven members, a action of busi- 
majority of whom shall constitute a quorum for 
doing business, and said trustees may be chosen an- 
nually by a majority of the pew owners, at a meet- 
ing 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 repugnant to the constitution 
and laws of this Commonwealth, and Daniel Saun- 
ders 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 trus- 



S53 BOSTON PORT SOCIETY. March 7, 1832. 

tees seven dars before ihe time of holding the 
same. 



[Approved bv the Governor. March 7, 1332.] 



AtiiZTS. 



CHAP. CIV. 



An Act ID addition to an act to incorporate the Ma- 
nagers of the Port Society of the city of Boston 
and its vicinitv. 

Sec^ 1. Be it enacted hy the Senate and House 
of Representatites, in General Court assembled, and 

Anma- ii«»n>e bv the authority of the same. That the annual 

sot IZ ^XC€^- " 

fanr jraasEiif Hicome cff Said socictv shall not exceed four thou- 
sand dollars, instead of two thousand dollars, as 
limited in the act to which this is in addition. 

Six. 2. Be it further enacted, That, in accord- 
:- ance with the orisinal design of said society, the 
said income shall be applied exclusively to the mor- 
sd and religions instruction of seamen : that the said 
society shall never be perverted to sectarian purpo- 
ses, and that, in case of anv such abase of the cor- 
porate property 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 ob- 
ject of said society shall revert to the donors there- 
of, or to their legal representatives. 

Sec. 3. Be it further enacud. That all provis- 
ions in the act to which this is in addition, inconsis- 



OoitiD be 



SEAME-VS FRIEND SOC. March 7, 1332. 359 

tent with the provisions of this act, be, and the same 
hereby are repealed. 

[Approved bv the Governor. March 7, 1832.] 



CHAP. CV. 



An Act to incorporate the Fairhaven Seamen's 
Friend Society. 

Sec. 1. JlJE i7 enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That .Joseph Bates, 
E. S. Jennv. Asa Hills, Jabez Delano Jr. Nathan 
Church, Tucker Damon, Daniel Perry, 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 
bavins:, holding and usin^, bv 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. 

Sec. 2. Be it further enacted . That the corpo- caphai stock, 
ration hereby created is established and created 
for the purpose and only purpose of improving the 
moral and religious character of seamen, and to this 
end are herebv enabled to establish a place of pub- 
lic worship and of christian instruction, and to es- 
tablish one or more schools, and such other means 
of moral instruction as to said corporation may 
seem expedient. 

46 



S60 QUINCY.TOWN RIVER. March 7, 1832 



Choice of of- 



Sec. 3. Be it further enacted, That said corpora- 
ficers. tion, at any legal meeting, may choose all such offi- 

cers 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. ^EC- 4. Be it further enacted, That any three 
of the persons in this act mentioned be, and they 
hereby are, authorized and empowered to call the 
first meeting of the members of said corporation, 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. 

[Approved by the Governor, March 7, 1832.] 



CHAP. CVI. 



An Act to improve the navigation of Town River 
in Quincy. 

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

of Representatives, in General Court assembled, and 

by the authority of the same, That the Quin- 

thTnavTJ^tk)n of ^J Canal Corporation be, and they are hereby, au- 

own River. thorizcd and empowered to place spiles or dolphins 

in such places or points in or near the channel of 



BOST. k TAUNT. R. ROAD. March 7, 1832. 361 

Town River, (so called) in Quincy, as shall give 
greater facilities to the navigation of said river : pro- 
vided, however, that no spile or dolphin shall be so 
placed as to obstruct in any degree a free passage 
in said river to any wharf, shipyard, or landing 
place, without the previous consent of the proprie- 
tors thereof. 

[Approved by the Governor, March 7, 1832.] 



CHAP. CVIL 

An Act in addition to an Act to establish the Bos- 
ton and Taunton Rail Road Corporation- 

Sec. 1. J3E it enacted by the Senate and House 
of Representatives in General Court assembled, a^id 
by the authority of the same. That it shall be in Governmemmay 

^ ^ -' purchase rail 

the power of the government of the Commonwealth, road, &c. 
at any time during the continuance of the charter 
of said Boston and Taunton 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 in- 
come equal to ten per cent, per annum on the orig- 



362 FAIRHAVEN FERRY. March 8, 1832. 

inal cost, ov(!r and above the charge for repairs and 
superintendance, and all other expenses relating there- 
to, 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 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. 
Location. Sec. 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 the said corporation for filing the 
location of the route, and completing said rail road. 

[Approved by the Governor, March 7, 1832.] 



CHAP. CVIJI. 



An Act to incorporate the Proprietors of the New- 
Bedford and Fairhaven Ferry. 

Sec. 1. Be it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Ivory H. Bart- 
raied. lett, Asa Swift, Jr. Ezekiel Sawin, and William T. 

Hawes, their associates, successors and assigns be, 
and they hereby are constituted a corporation, by 



FAIRHAVEN FERRY. March 8, 1832. 363 

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. 

Sec. 2. Be it further enacted, That said corpo- Esiabiishment 

^ and support of a 

ration be, and they hereby are authorized to estab- ferry. 
lish and support a ferry across Accushnett river, in 
the county of Bristol, from the easterly termination 
of Union street in New- Bedford, or from some 
point south of said street, to the shore of the vil- 
lage of Fairhaven. 

Sec. 3. Be it further enacted, That said corpo- . ^ . 

•^ ' r Accommodation 

ration shall be held liable to afford all necessary of passengers by 

'' said ferry. 

and proper accommodation, and give due attendance 
to all persons having occasion to pass said river by 
the said Ferry. 

Sec. 4. Be it further enacted, That either of the First Meeting. 
persons named in this act is authorized to call the 
first meeting of said corporation, by causing notice 
thereof to be published in one of the newspapers 
printed in New-Bedford, at least seven days previ- 
ous 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 convenient for regulating said 
corporation, and for effecting, completing and exe- 
cuting the purposes aforesaid, and for collecting the 
toll hereinafter granted, and the same by-laws 



364 SALT WATER POND CO. March 9, 1832. 

rules and regulations may cause to be kept and exe- 
cuted ; or for the breach thereof may order and en- 
join fines and penalties not exceeding twenty dol- 
lars. 

Sec. 5. Be it further enacted, "That the same 
toll be, and hereby is granted, for the benefit of 
said proprietors, as was 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. 

{Approved by the Governor, March 8, 1832.] 



Toll. 



CHAP. CIX. 



An Act to incorporate the Salt Water Pond Com- 
pany in Harwich. 

Sec. 1. HK it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
^^^^^^^'^^<^°'^v^- }jy the authority of the same, That Theophilus Bur- 
gess, Jeremiah Walker, Obed Brooks, Barnabas 
Ellis, and Ezra Nickerson, their associates, succes- 
sors and assigns be, and they hereby are made a 
corporation, by the name of the Salt Water Pond 
Company, for the purpose 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 impleaded, may 
have a common seal, which they may alter at plea- 
sure, and shall have power to appoint all such offi- 



SALT WATER POND CO. March 9, 1832. 365 

cers, and to make all such by-laws and regulations, 
as shall be necessary for the management of their 
concerns, provided, that the same be not inconsist- 
ent with the laws of this Commonwealth. 

Sec. 2. Be it further enacted, That the said compa- May deepen said 

'^ •111 pond, and open a 

ny shall have power to deepen said pond, and to open channel, &c. 
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. 

Sec. 3. Be it further enacted, That said com- 
pany shall have power to demand and recover of have power to 

, . . . . , demand, of any 

any person or vessel usms; or improvme; the said vessel using said 

•^^ . ° . harbor, wharfage 

harbor, or any of its appendages, such compensation dockage, or rent. 
as wharfage, dockage, or rent, as the said company 
shall^ by their ])y-laws, establish and determine. 

Sec. 4. Be it further enacted, That the said Real and person- 
company may hold real estate, not exceeding in val- 
ue the sum of fifty thousand dollars, and personal 
estate, not exceeding in value the sum of ten thou- 
sand 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 previ- 
ous notice of the time, place and objects of said 
meeting. 

[Approved by the Governor, March 9, 1832.] 



366 DAN VERS BANK, March 9, 1832. 



CHAP. ex. 



An Act to increase the capital stock of the Dan- 
vers Bank. 

Sec. I. J3E it enacted by the Senate and House 
of Representatives, in Geiieral Court assembled, and 

Increase capiiai- by the authority of the same, That the president, 
directors and company of the Danvers Bank be, 
and hereby are authorized and empowered to in- 
crease their capital stock, by an addition of thirty 
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 di- 
rectors 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. 

Sec. 2. Be it further enacted, That the addi- 
tional 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. 

Sec. 3. Be it further enacted, That, before said 

Certificate. Corporation shall proceed to do business upon said 
additional capital, a certificate signed by the presi- 
dent 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. 

[Approved by the Governor, March 9, 1832.] 



Increase of capi- 



DEDHAMBANK, Marc/i 9, 1832. 367 



CHAP. CXI. 



An Act to increase the capital stock of the Ded- 
ham Bank. 

Sec. 1. 13E 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 Dedham Bank be, tai stock by the 

^ ■'^ ^ addilion thereto 

and hereby are authorized and empowered to in- of fifty thousond 

7 _ '^ _ ^ dollars. 

crease their present capital stock, by an addition of 
fifty thousand dollars thereto, in shares of one hun- 
dred dollars each, which shall be paid in such in- 
stalments, 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. 

Sec. 2. Be it further enacted, That the addi- Additional stock 

^ aforesaid subject 

tional Stock aforesaid, shall be subject to the like »« ^^e like tax, 

_ _ regulations, and 

tax, regulations, restrictions, and provisions, to provisions to 

" _ '■^ which the pres- 

which the present capital stock of said corporation ent capital stock 
is now subject. 

Sec. 3. Be it further enacted, That before said Secretary of 

. Stale to receive 

corporation shall proceed to do busmess upon said » certificate, be- 

iT . , . , -r • 111 . foresaid corpora- 

aaditional capital, a certincate signed by the presi- t'on proceed to 

1 IT 1 1111-1^° business on 

dent and directors, and attested by the cashier, that ^«'d additional 

. , . capital. 

the same has been actually paid into said bank, 
shall be returned into the office of the secretary of 
this Commonwealth. 



[Approved by the Governor, March 9, 1832.] 
47 



368 GROTON MINIST. FUND. March 9, 1832, 



CHAP. CXII. 

An Act in addition to an Act entitled, " An Act to 
establish a Fund for the support of the Gospel 
Ministry, in the first Parish in the town of Gro- 
ton, in the county of Middlesex, and to appoint 
Trustees for the management thereof." 

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

of Representatives in General Court assembled, and 

Trustees of the bv tJic authoritij of thc sainc, That the trustees of 

Groton minisleri- "^ T\/f • -i-riiiiii 

ai fund shall here- the Grotou Muiisterial lund shall hereafter consist 

after consist of . 

five persons. of fivc pursous, to Wit I three persons to be annually 
elected by ballot for that purpose, by the legal vo- 
ters of the first parish in said Groton, at their an- 
nual 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, men- 
tioned in the act to which this is in addition. And 
to the end that said corporation shall always consist 
of five persons, the three persons to be chosen as 
abovementioned, 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. 

Sec. 2. Be it further enacted, That so much of 



FALL RIVER UNITAR. SOC. March 9, 1832. 369 

the first section of the act to which this is in addi- 
tion, as is inconsistent with this act be, and the 
same is hereby repealed. 

[Approved by the Governor, March 9, 1832.] 



Persons incorpo- 



CHAP. CXIIL 

An Act to incorporate the Unitarian Society at Fall 
River in the town of Troy. 

Sec. 1. rJE 27 enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Bradford Durfee, 
John S. Cotton, John Eddy, William H. Hawkins, rated 
Holder Borden, Harris Gurney, Thomas D. Chal- 
oner, Ebenezer Andrews, Joseph Gooding, Daniel 
Goss, Foster Hooper, Robert N. Lawton, Samuel 
L. Thaxter, William Newhall, James Ford, and 
Hezekiah Battelle, together with such others as al- 
ready have or may hereafter associate with them, 
and their successors and assigns, be and they are 
hereby incorporated as a religious society by the 
name of the Unitarian Society at Fall River in the 
town of Troy ; with all the powers, privileges and im- 
munities to which other religious societies are enti- 
tled by the constitution and laws of this Common- 
wealth. 

Sec. 2. Be it further enacted, That the said so- Real and person- 
ciety may purchase, hold and dispose of estate, real, 
personal and mixed, the annual income of which, 



370 FALL RIVER UNITAR. SOC. March 9, 1832. 

exclusive of their meeting house, shall not at any 
time exceed two thousand dollars. 
^^s^essmen on g^^^ g^ j^^ it further eiictctcd, That said society 

may assess 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 wor- 
ship, the repairing of their meeting house, 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 
society, in the manner provided by an " act author- 
izing 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. 
Sec. 4. Be it further enacted, That any owner 
of a pew or pews in the meeting house of said so- 
ciety shall be entitled, at all meetings of said socie- 
ty held for the purpose of raising money by assess- 
ments upon pews as aforesaid, to one vote for each 
pew he shall own in their meeting house. 
„ . , Sec. 5. Be it further enacted, That said socie- 

Sociely may be '^ 

sued, &c ty j^ay 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 offi- 
cers and make and establish such by-laws, rules and 
regulations as to them may seem necessary and 
convenient 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. 



FALL RIVER UNITAR, SOC. March 9, 1832. 371 

Sec. 6. Be it further enacted, That the stock shares. 
of said corporation shall be divided into not less 
than one hundred nor more than two hundred and 
fifty shares, upon which the said society may impose 
all necessary assessments : provided that the amount 
of all such assessments shall never exceed the sum 
of sixty dollars on each of said shares, unless the 
same shall be made and imposed by the consent in 
writing of all the stockholders ; a certificate 
whereof, by them signed, shall be recorded by the 
clerk of said society. And in all meetings of said 
society each stockholder shall be entitled to one 
vote for each share by him owned, and may vote in 
person or by proxy. 

Sec. 7. Be it further enacted, That whenever Negligence in 
any stockholder shall neglect or refuse to pay to Ss^ ^"^'^' 
the treasurer of said society any assessments legally 
made upon his share or shares, within 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 time, 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 
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 stockholder. And in case of any such 
sale of a share or shares as aforesaid the treasurer 
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. 

Sec. 8. Be it further enacted, That any three 
of the persons named in this act may call the first ^^^ "««""s- 



372 BRIGHTON BANK. March 9, 1832. 

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 hereafter direct. 

[Approved by the Governor, March 9, 1832.] 



CHAP. CXIV. 



An Act to incorporate the President, Directors and 
Company of the Bank of Brighton, in the town 
of Brighton. 

Sec. 1. x>E «7 enacted by the Senate and House 
of Representatives, in General Court assembled, and 
Persons incorpo- 5?^ i/ie authoritij of the same, That Edward Spar- 
hawk, Convers Francis, Amos Thwing, Benjamin 
Holton, Samuel Brooks, Stephen H. Bennet, and 
Stutly Burlingame, their associates, successors and 
assigns, sliall be, and they hereby are created a cor- 
poration, 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 
hundred and fifty-one ; and shall be entitled 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 



BRIGHTON BANK. March 9, 1832. 373 

and twenty-nine, entitled " an act to regulate banks 
and banking," and to the further provisions contain- 
ed in an act passed the twenty-eighth day of Feb- 
ruary, 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 purposes." 

Sec. 2. Be it further enacted, That the stock in rj,^.^^^^^^^ ^^ 
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. 

Sec. 3. Be it further enacted, That the cap- 
ital 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. 

Sec. 4. Be it further enacted^ That the said Location. 
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 news- 
paper published in the city of Boston, ten days at 
least before said meeting. 

[Approved by the Governor, March 9, 1832.] 



374 WORCEST. FEM. ACAD. March 10, 1832. 



CHAP. CXV. 



All Act to incorporate the Proprietors of the Wor- 
cester Female Academy. 

Sec. 1. 1>E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority oj the same, That Abijah Bigelow, 
John Davis, Pliny Merrick, Alfred D. Foster, Ben- 
J'^^,g^J'"^'"*^°'^P"" jarain Butman, Simeon Burt, George T. Rice, 
Thomas Kinnicutt, Isaac Davis, and Rejoice New- 
ton, and such as may associate with them, their 
successors and assigns be, and they hereby are made 
a body corporate, by the name of the Proprietors of 
the Worcester Female Academy, 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 pro- 
per officers, and to make all needful by-laws not in- 
consistent with the laws and constitution of this 
Commonwealth. 

Sec. 2. Be it further enacted, That the pro- 

Propert y to be „ , , '. i 1 1 i t • i i • 

divided into perty 01 said proprietors shall be divided into twen- 
ty shares, and each proprietor shall have a right to 
as many votes as he owns shares, and that said 
shares shall not be liable to assessment. 

Sec. 3. Be it further enacted, That the said 
Thomas Kinnicutt is authorized to call the first 
meeting of said proprietors, by advertising eight 



twenty shares. 



NEWTON BRIDGE. March 10, 1832. 375 

days before said meeting, in any newspaper printed 
in Worcester. 

[Approved by the Governor, March 10, 1832.] 



CHAP. CXVI. 

An Act to exempt the County of Middlesex from 
maintaining and keeping in repair a Bridge in the • 
town of Newton. 

Sec. 1. ijE z7 enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That, from and after 
the passing of this act, the county of Middlesex 

^ ^ ... ... County of Mid- 

shall be exempted from all liability of maintaining diesex exempted 

_^ , ^ , ■' ^ from all liability 

and keeping in repair the bridge in Newton across ofkeeping bridge 

, ^ ^ . ill repair, die. 

the Stream which is the boundary between the 
towns of Newton and Needham, any law, custom, 
or usage to the contrary notwithstanding. 

Sec. 2. Be it further enacted. That the said „,, . 

'-' ' Who IS to keep 

town of Newton, in which said bridge is situated, said bridge in re- 

' o ' pair. 

shall hereafter be 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 re- 
pair town bridges. 

[Approved by the Governor, March 10, 1832.] 

48 



376 CENTRAL MILLS. March 10, 1832. 



CHAP. CXVII. 



An Act to authorize Central Bridge Corporation 
to reduce and compound their Tolls. 

IjE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
When corpora- % thc ciuthoritij of the saMc, That the Central 
foMhefr owiUiQ- Bridge Corporation shall have power and authority 
pound Tolls, &r to reduce the tolls which are granted by their act of 
incorporation, and to compound the same in all ca- 
ses in which the said corporation may deem it ex- 
pedient for their own benefit and the public con- 
venience. 

[Approved by the Governor, March 10, 1832.] 



CHAP. CXVIII. 



An Act in addition to An Act to incorporate the Cen- 
tral Mills. 

Sec. 1 . Be ^7 enacted by the Senate and House 

of Representatives, in General Court assembled, and 

„ . , J blithe authority o/'i^/ie same, That the act to incorpo- 

Revival and con- »' ^ .j ' i 

tinuance of the fg^g ^^g Central Mills, passed on the eighth day of 

act of incorpora- i o ^ 

tioii passed on March, onc thousand eight hundred and twenty 

eighth day of ' ° J 

March, one thou- eight bc, and the same is hereby revived and conti- 

sand eight hun- " j 

^^^^AMtx AYiea^y ^ued in force in as full and perfect a manner as if 



MENDON BANK. March \0,nS2. 377 

the conditions contained in the fourth section of the 
act to which this is in addition had been complied 
with. 

Sec. 2. Be it further enacted, That if said Performance of 

acts mentioned in 

corporation do not perform, or cause to be perform- the /ounh section 

^ -"^ _ , . ^ . of the act before 

ed, all the acts mentioned in the said fourth section aiiuded to. 
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 ef- 
fect. 

[Approved by the Governor, March 10, 1832.] 



CHAP. CXIX. 



An Act in addition to "An Act to incorporate 
the President, Directors and Company of the 
Mendon Bank." 

J3E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the saine, That, from and after 
the first day of May next, the bills of the Mendon Payment ana re- 

•^ "^ clemption o( the 

Bank shall be paid and redeemed at the Commer- ';'"«°"''e ^^^n- 

'■ don bank. 

cial 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 Worces- 
ter, and in two daily newspapers in the city of Bos- 
ton, and upon a delay or refusal to pay said bills, in 



378 TAUNT. G. RIV. FISHERY. March 10, 1832. 

gold or silver, in the usual banking hours at the 
said Commercial Bank, the same 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. 

[Approved by the Governor, March 10, 1832.] 



CHAP. CXX. 



An Act in further addition to An Act regulating the 
Fishery in Taunton Great River. 

Sec. 1. JBE it enacted by the Senate and House 
of Rejrresentatives 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 per- 
son or persons to catch or destroy shad or alewives 
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. 

Sec. 2. Be it further enacted, That, if any 
twenty dd,iars^in persou or pcrsous shall, at any time, catch or des- 
troy shad or alewives at, or within, the distance of 
one hundred 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 oifence, to 



Destruction of 
shad and ale- 
wives in Taun- 
ton Great River 



Forfeiture of 



WRENTHAM BANK. March 10, 1832. 379 

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. 

[Approved by the Governor, March 10, 1832.] 



CHAP. CXXI. 



An Act to incorporate the President, Directors and 
Company of the Wrentham Bank in Wren- 
tham. 

Sec. 1. JjE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That David Fisher, Philo JS!"' '"''"■''°' 
Sanford, Robert Blake, Samuel Bugbee, Benjamin 
Shepard, Jr., Oliver Felt, Benjamin H. Fales, and 
Enoch Brown, their associates, successors and as- 
signs 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 con- 
tinue 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, liabili- 
ties and requirements contained in an act passed on 
the twenty eighth day of February in the year of 



380 WRENTHAM BANK. March 10, 1832. 

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 continue the bank- 
ing corporations therein named, and for other pur- 
poses." 

Sec. 2. Be it further enacted, That the stock in 

Transfer of . ./ 

stock. 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. 
Sec 3. Be it further enacted, That the capital 

be di%^ded*in- '° 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 
may direct : provided the whole be paid in within one 
year from the passing of this act. 

First meeting. ^Ec. 4. Bc it further euacted, That the said 
bank shall be established at Wrentham in the coun- 
ty of Norfolk, and that any one of the persons be- 
fore named shall be authorized to call the first meet- 
ing of said corporation by advertising the same in 
any newspaper published in said county ten days at 
least before said meeting;. 



'O' 



[Approved by the Governor, March 10, 1832.] 



HING. TURN. CORP. March 12, 1832. 381 



CHAP, CXXII. 



An Act in addition to " An Act to establish the 
Hinojham and Quincy Bridge and Turnpike Cor- 
poration." 

Sec. 1. JjE it enacted by the Senate arid House 
of Representatives in General Court assembled, and 
by the authority of the same, That it shall be the shaii hoist draw- 
duty of the Hingham and Quincy Bridge and Turn- ^'^*''^*^- 
pike Corporation, to hoist the drawers of 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 there- 
of, as an agent herein after provided for, shall de- 
cide to be most proper, and to furnish all the facili- 
ties for the passage of vessels through the drawers 
of said bridges, which have heretofore been afford- 
ed by said corporation, without fee or reward. 

Sec. 2. Be it further enacted, That his Excel- 

1 • 1 • 1 ^'* Excellency, 

lency the Governor, by and with the advice and the Governor, lo 

•' . . . appoint an agent 

consent of the Council, is hereby authorized to ap- for determining 

•^ , ■"- whether suitable 

point an ao;ent to view said bridojes and rivers, and buoys shaii be 

P , placed in rivers. 

to determine whether suitable buoys shall be plac- 
ed and kept in the rivers above and below said 
bridges, or whether the piers thereof shall be length- 
ened, to facilitate the passage of vessels through the 
drawers ; and, if said agent shall determine that 
suitable buoys shall be placed in said rivers, he shall 
designate the places where they shall be fixed ; or. 



382 TAUNT. ST. THOM. CHURCH. March 12, 1832. 

if he shall determine 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. 
Provisions of ihe Sec.3. Be U furtlier enttcted, That from and af- 
thl act to which ter the time when said buoys shall be placed in the 

this is in addition . ., , . rii'i i i 

shall be null and rivcrs aioresaid, or the piers ot the bridges lengthen- 

void from and af- ,/> 'iir- i •• ri 'ii 

ter the time when ed as bcforc providcd for, the provisions oi the eighth 

said buoys shall . i-ii- •• it* 

be placed in the section of the act to which this act IS in addition, 

aforesaid rivers. , ,, , ■, • i 

shall be null and void. 



Expenses. 



Sec. 4, Be it further enacted, That the expen- 
ses of the agent aforesaid, incurred by virtue of his 
employment, under the provisions of this act, shall 
be paid by said corporation. 

[Approved by the Governor, March 12, 1832.] 



CHAP. CXXIII. 



An Act in addition to " An Act to incorporate the 
Episcopal Church of St. Thomas in Taunton." 

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

of Representatives, in General Court assembled, and 

Sections of for- % l^f^ authority of the same. That the second, 

mer act repealed, ^j^j^.^^ fourth, fifth, sixth, and SCVCUth SCCtioUS of 

the act, to which this is in addition, be and the same 
hereby are repealed. 
Conveyance of ^^^^ 2. Bc it further cuactcd, That the said cor- 
poration at any legal meeting, held for the purpose, 
shall have power to authorize the wardens of said 



CHANGE OF NAMES. March 13, 1832. 383 

church to transfer and convey all, or any part of the 
real or personal estate which said corporation now 
possesses or may hereafter acquire or possess, and to 
execute good and sufficient deeds to convey the 
same, in fee simple, or in any other manner, and 
for such consideration as the said corporation at 
such meeting shall by vote determine. 

Sec. 3. Be it further enacted, That the proceed- confirmaiion of 

•^ '^ doings of said 

ings and doings of said corporation, at their several corporation. 
meetings heretofore held, be and the same are here- 
by confirmed and made valid in law in all respects, 
notwithstanding any irregularity that may have oc- 
curred in the manner of notifying or calling said 
meetings. 

[Approved by the Governor, March 12, 1832.] 



GHAP. CXXIV. 



An Act to change the Names of the Persons therein 
mentioned. 

UE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That Webber Ricker, ^, 

\ c/ c/ ' Names altered- 

of Boston, may take the name of George Webber 
Ricker ; that Orlando White, minor, son of Charles 
S. White, of Boston, may take the name of Henry 
Kirk White ; that Sampson Wilder Thurston, of 
Boston, may take the name of Wilder Stoddard 
Thurston ; that Petro Papathakes, of Boston, may 

48 



384 CHANGE OF NAMES, Marck U, 1832. 

Names changed. ^.^^^ ^j^^ ^^^^^^ ^f p^^^.^. PattersoH ; that William 
McManagil, of Boston, may take the name of Wil- 
liam Pinkerton McKay ; that John McManagle, of 
Boston, may take the name of John McKay ; that 
Elizabeth McManagle, wife of the said John Me 
Managle, may take the name of Elizabeth McKay; 
and that Mary Ann McManagle, daughter of the 
said John McManagle, may take the name of Mary 
Ann McKay ; and that his son John Pinkerton Mc 
Managle, may take the name of John Pinkerton 
McKay ; that Rebecca Waitt, of Chelsea, may 
take the name of Ann Rebecca Waitt ; that Thomas 
James Prince, of Boston, may take the name of 
James Prince ; that Lucius Augustus Hoar, of Bos- 
ton, may take the name of l^ucius Augustus Horr ; 
that William Smith, of Boston, 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 God- 
dard ; that Nathaniel Thayer, minor, son of Susan 
F. Thayer, of Boston, may take the name of Na- 
thaniel Frederick Thayer ; that Andrew Haskell, 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 Robert Lapish, of Boston, may 
take the name of Robert Hardison Dalton ; that 
James Lloyd Borland, son of John Borland, of Bos- 
ton, may take the name of James Lloyd ; that Wil- 
liam Richardson, of Boston, may take the name of 
William Horatio Richardson ; all of the county of 
Suffolk. That Elizabeth Wendell, of Salem, may 

^ take the name of Mary Elizabeth Wendell ,• that 

Samuel Becket Kehew, of Salem, may take the 



CHANGE OF NAMES. March 13, 1832. 385 

name of Samuel K. Appleton ; that Elhanan Win- ^''^'' '^^'"^'^• 
Chester Knight, of" Salisbury, may take the name of 
Winchester Knight ; that Josiah Cooper, of New- 
bury port, 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 Augus- 
tine Kimball, of Ipswich, may take the name of 
Augustine Phillips Kimball ; that William Mickle- 
iield, jr. minor, son of Mary Magrath, of Salem, 
may take the name of Thomas Morris ; that Dan- 
iel Putnam, jr. and William Putnam, second, sons 
of Daniel Putnam, Esquire, of Danvers, may seve- 
rally take the name of Daniel Franklin Putnam and 
William Richardson Putnam ; that Timothy Dow 
Plumer, minor, son of Nathan Plumer, of Newbury- 
port, may take the name of Charles Henry Plumer; 
that Helen Elizabeth Cook, and that Joseph Au- 
gustus 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 Beverly, 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 Glouces- 
ter, 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 Joseph 



386 CHANGE OF NAMES. March 13, 1832. 

Names changed, ^^j.^ Ackeimaii ; that Sarah L. Doggett, may take 
the name of Sarah Lord Akerman ; thai Lucy M. 
Doggett, may take the name of Lucy Maria Ak- 
erman ; 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 Ward well, the third, of Andover, Me- 
hitable Putnam Ward well, wife of the said Daniel, 
that Susan Putnam Wardwell, minor daughter of 
the said Daniel Wardwell, may each respectively 
take the surname of Davenport instead of Ward- 
well ; 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 Wormwood ; — all of 
the county of Essex. That Charles Carter, 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 Knowl- 
ton, minor sons of said Stillman Boar, may seve- 
rally take the surname 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 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 



CHANGE OF NAMES. March 13, 1832. 387 

Fitchburg, may take the name of Gustavus Lyman ; Names changed. 
that Ann Maria Keyes, of Ashburnham, may take 
the name of Almira Keyes ; that Thomas Wood- 
bury 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 Ashburnham, 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. Wisvvall, of Westmin- 
ster, may take the name of Mary Lyman ; that Sa- 
rah Crouch, of Bolton, may take the name of Sarah 
Alvira Nelson ; that Jefferson Beers, of Spencer, 
may take the name of Edward Be man ; that Sam- 
uel Bullen, of Charlton, may take the name of 
Samuel Boyden ; and that Adams S. Bullen, of 
said Charlton, may take the name of Adams Boy- 
den ; — all of the county of Worcester. That Mo- 
ses C. Dantorth, of Lowell, and that Pamelia Dan- 
forth, 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 



388 CHANGE OF NAMES. March 13, 1832. 

Names changed, take the name of Ephraim Oliver Prescott Little- 
field ; that Benjamin Thompson, of Charles- 
town, may take the name of Benjamin 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 Read- 
ing, may take the name of Anna Pratt ; — all of the 
county of Middlesex. That Isaac Mahtoa Wan- 
songthi 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 Bejamin Franklin Oakes ; that 
Martin Spear, of Dedham, may take the name of 
Henry Forister Spear ; — all of the county of Nor- 
folk. 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 Loring ; that Grosvenor Curtis, of Egre- 
mont, may take the name of Harvey Grosvenor 
Curtis ; — both in the county of Berkshire. That 
John Foster, Jr. of Scituate, may take the name of 
John Hatherly Foster ; — of the county of Plymouth. 
That Calvin Hoar, of Northampton ; that Phebe 
Hoar, wife of the said Calvin ; that William Pat- 
ric 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. 



CHARLESTOWN BANK. March 13, 1832. 389 

That Elisha Hunt, of Northfield, in the county of ^^'^^s changed. 
Franklin, may take the name of Elisha Watriss 
Hunt. — That Martha Leavett Mayhevv, an adopted 
daughter of Leavett Thaxter, of Edgartown, in the 
county of Dukes county, may take the name of Mar- 
tha Leavett Thaxter; that Nancy S. Covell, of New 
Bedford, may take the name of Nancy S. Black- 
mere ; that Abigail GifTord, daughter of John Gif- 
ford, of Westport, may take the name of Abby Gif- 
ford ; 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, 

[Approved by the Governor, March 13, 1832.] 



CHAP. CXXV. 



An Act to incorporate the President, Directors, and 
Company of the Charlestown Bank in Charles- 
town. 

Sec. 1. UE it enacted hy the Senate and House 
of Representatives, in General Court assembled, and 
hy the authority of the same, That Hamilton David- Persons incorpo- 
son, John M. Fiske, Abijah Goodridge, Paul Wil- 
lard, Nathan Lynde, Arthur W. Austin, John Chee- 
ver, Samuel Poor, and Edward Hearsey, their asso- 
ciates, successors and assigns, shall be and they 



390 



CHARLESTOWN BANK. 



March 13, 1832. 



Transfer of 
slock. 



Shares. 



Location. 



hereby are created a corporation by the name of the 
President, Directors and Company of the Charles- 
town Bank, and shall so continue until the first day 
of October which shall be in the year of our Lord 
one thousand eight hunded 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 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 continue the banking corpo- 
rations therein named and for other purposes." 

Sec. 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. 

Sec. 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 hundred dollars each, to be paid in such in- 
stalments and at such times as the stockholders may 
direct : Provided, that the whole be paid within one 
year from the passing of this act. 

Sec. 4. Be it further enacted, That the said 
bank shall be established in the town of Charles- 
town, 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 news- 



CHARLES. PHOENIX BANK. March 13, 1832. 391 

paper printed in the town of Charlestown, or in the 
city of Boston ten days at least before said meeting. 

[Approved by the Governor, March 13, 1832.] 



CHAP. CXXVI. 



An Act to incorporate the President, Directors and 
Company of the Phoenix Bank in Charlestown. 



Sec. 1. JqE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the sarne. That Nathan Pratt, Pers^on* incorpo- 
Charles Thompson, William Gordon, Eliab P. Mac- 
intire, and Jonathan Bridge, their associates, suc- 
cessors and assigns shall be, and they hereby are 
created a corporation by the name of the President, 
Directors and Company of the Phoenix Bank, and 
shall so continue until the first dav 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 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 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." 49 



392 CHARLES. PHOENIX BANK. March 13, 1832. 

Transferor ^^^^ 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 Slock of s^c. 3. Be it further enacted, That the capital 

said corporation «^ ' r 

to consist of one gtock of Said corooration shall consist of one hun- 

nunured and fif- 1 

ty^thousand doi- ^jj.g^j ^^^ f^f^^ 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, that the whole be 
paid within one year from the passing of this act. 
Sec. 4. Be it further enacted. That the said bank 

First meeting to shall be established in the town of Charlestown, and 

be called by ad- 
vertisement in a that any three of the persons before named shall be 

newspaper pub- •' ^ 

lished in Charles- authorized to Call the first meeting of said corpora- 
tion by advertising the same in any newspaper pub- 
lished in the town of Charlestown, ten days at least 
before said meeting. 

[Approved by the Governor, March 13, 1832.] 



DANA MANUF. CO. March 13, 1832. 393 



CHAP. CXXVII. 



An Act to incorporate the Dana Manufacturing 
Company. 

Sec. 1. JBE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Oliver Sheple, Persons incorpo- 
Samuel Dana, Samuel Dana, Jr., Oliver Sheple, Jr, 
James Dana, and Washington Sheple, their associ- 
ates and assigns be, and they hereby are 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 Shirley 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 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." 

Sec. 2. Be it further enacted, That the said Rea,a„jpe„oB- 
corporation may take and hold such real estate, not ^'^s'^'^- 
exceeding in value the sum of two hundred thou- 
sand 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. 

[Approved by the Governor, March 13, 1832.] 



394 LYNN ACADEMY. March 13, 1832. 



CHAP. CXXVIII. 



An Act to incorporate the Lynn Academy. 

Sec. 1. jjE ii enacted by the Senate and House 
of Representatives in General Court assembled, and 

Persons incorpo- by the authority of the same, That Andrews Breed, 
Isaiah Breed, Josiah Nevvhall, 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 not exceeding in value 
twenty thousand dollars, and personal estate not 
exceeding twenty thousand dollars, to be devoted 
exclusively to the purposes of education. And said 
corporation shall have all the powers usually inci- 
dent to similar corporations, and may make all ne- 
cessary by-laws not repugnant to the laws of this 
Commonwealth. 

First roeetiHg. Sec. 2. Be it further enacted, That any two 
of the persons named in this act may call the first 
meeting of said corporation, by giving notice of the 
time and place, seven days at least previous thereto, 
in the newspapers printed in said town of Lynn. 

[Approved by the Governor, March 13, 1832.] 



STATE PRISON.' March \3, 1832. 396 



CHAP. CXXIX. 

An Act in addition to an Act providing for the gov* 
ernment and regulation of the State Prison, 

Sec. 1. Q^ it enacted hy the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That, from and after po^T^^'lZp- 
the first day of AjDril next, the compensation allow- [a^n°f state Pri- 
ed to the chaplain of the state prison, for his servi- 
ces, shall be eight hundred dollars a year ; to the 
superintendent of the stone department, one thou- 
sand dollars a year, instead of the sums allowed 
those officers by the provisions contained in the 
eighth section of the act providing for the govern- 
ment and regulation of the state prison, passed on 
the eleventh day of March one thousand eight hun- 
dred and twenty-eight. 

Sec. 2. Be it further enacted, That the warden 
of the state prison may, at his discretion, make an Addition to con- 
addition to the rations as now fixed by law, in favor 
of those convicts, for whom, in his opinion, the 
present rations are insufficient, not exceeding two 
ounces of beef or pork to each convict. 



victs' rations. 



[Approved by the Governor, March 13, 1832.] 



396 CRIMINAL JURISDICTION. March 14, 1832. 



CHAP. CXXX. 



An Act enlarging the Jurisdiction of the Court of 
Common Pleas in Criminal Cases, and regulating 
the Appointment and Duties of Prosecuting Offi- 
cers. 

Sec. 1. IjE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That, in all the coun- 

Enlargement of y ^ '^ '^ ' 

the jurisdiction ties iu the Commonwealth, except the county of 

of the Court of , ' ^ -^ 

Common Pleas. Suffolk, the Court of Commou Pleas, at any term 
holden by one or more Justices thereof, shall have 
and exercise exclusive original jurisdiction of all 
offences, crimes and misdemeanors, of which the 
Supreme Judicial Court had jurisdiction before the 
passing of this act, and also of all actions of scire 
facias, to recover the penalty and forfeitures of any 
recognizance, returnable to, or remaining in, either 
of said courts. And their said jurisdiction therein 
shall be final in all matters of fact, excepting as 
hereinafter provided, and excepting herefrom the 
trial and punishment of all crimes which are or 
shall be punishable with death, which crimes shall 
be originally prosecuted in said Court of Common 
Pleas, and tried as hereinafter provided. And the 
said court of Common Pleas, in relation to the 
prosecution, trial, judgment, and sentences, for said 
offences, crimes and misdemeanors, shall have and 
exercise as full and ample powers and authority, as 
are vested by law in the Supreme Judicial Court, 
at any term holden by one justice thereof. Provi- 



CRIMINAL JURISDICTION. March 14, 1832. • 397 

ded hoivever, that all prosecutions pending in the 
said Supreme Judicial Court, when this act shall 
take effect, shall be proceeded in and determined as 
the same would have been if this act had not been 
passed. And the forms of all processes, issued in 
pursuance of this act, shall be so far altered as to 
conform to the provisions thereof, and they shall be 
served and returned in the same manner as is pro- 
vided by law for the service and return of like pro- 
cesses of the Supreme Judicial Court. 

Sec. 2. Be it further enacted, That from and Recognizances. 
after the time when this act shall take effect, all re- 
cognizances and other processes in criminal cases, 
which may then be returnable by law to the Su- 
preme Judicial Court, shall, in all the counties of the 
Commonwealth, except the county of Suffolk, be 
returned to and have day in, the next term of the 
Court of Common Pleas, to be holden within and 
for said county ; and if such returns be not so made, 
the party or parties guilty of any such neglect, 
shall be subject to all the penalties and forfeitures, 
now by law provided for neglecting to make such 
returns to the Supreme Judicial Court. 

Sec. 3. Be it further enacted, That any per- ^, . 

' ' ^ X Nuisance. 

son who shall be convicted in the said court of com- 
mon pleas for any county of the Commonwealth, 
upon any prosecution for a libel, nuisance or conspi- 
racy, or for any crime or offence, which is or may 
■ be punishable by confinement to hard labor for a 
term exceeding five years, may appeal therefrom 
unto the Supreme Judicial Court then next to be 
holden for the same county. Provided, that said 
appeal shall be claimed in a convenient time before 
the rising of the court, before which such conviction 
shall be had, and that the party appealing shall, 



398 CRIMINAL JURISDICTION. March U, US2. 

within such convenient time, recognize to the Com- 
monwealth ; and when, by law, a forfeiture accrues 
to any individual, shall recognize to such individual, 
in such reasonable sum as the court shall order, with 
a surety or sureties for his personal appearance at 
the court appealed to, and for the prosecution of his 
appeal there, with effect, and to abide the sentence 
therein given, and, in the mean time, to keep the 
peace, and be of good behaviour. And the party, 
so appealing, shall be in custody, until he shall so 
recognize, or until he shall be sentenced for want of 
such recognizance. And he shall produce, at the 
court appealed to, a copy of the record of his con- 
viction, with a copy of all the other proceedings 
had in the cause ; and shall enter his appeal, and 
pay all such fees in said Supreme Judicial Court, as 
shall by law be provided in other causes. And, if 
he shall fail in the prosecution of his appeal, or in 
any of the particulars aforementioned, his recogni- 
zance shall be forfeited, and the said Supreme Ju- 
dicial Court shall award such sentence against him 
for the offence whereof he is so convicted, as they 
ought to do, in case he stood convicted by the ver- 
dict of a jury in said court, and may issue a capias 
to bring him into court to receive such sentence. 
New trial. Sec. 4. Bc it furthcr enuctcd, That said court 

of common pleas shall have power, at the term at 
which the trial of any such indictment shall be had, 
or any judgment shall be rendered thereon, or at any 
term within one year from the time of such trial or 
judgment, on the petition or motion of the defend- 
ant in writing, to grant a new trial in such case, for 
any cause, for which by law a new trial may be 
granted, or when it shall appear to said court, that 
justice has not been done, upon such terms and con- 
ditions, as to said court shall seem proper. 



CRIMINAL JURISDICTION. March 14, 1832. 399 

Sec. 5. Be it further enacted, That any person Any person, im- 

. . "^ ^ ngining himself 

after conviction of any offence, thinking himself or agrgrieved, may 

. . . allege excep- 

herself aggrieved by any opinion, direction or judg- ^'°"=*- 
ment of said Court of Common Pleas, in any matter 
of law, whether such person shall have a right to ap- 
peal therefrom or not. Provided such appeal be not 
effectually taken, may allege exceptions to the same, 
which, being reduced to writing, in a summary mode, 
and presented to the court in a convenient time 
before the adjournment thereof, and found conform- 
able to the truth of the case, shall be allowed and 
signed by the presiding justice thereof, and there- 
upon all further proceedings in such case in said 
court shall be stayed. Provided, however, that, when 
it shall appear to such presiding justice, that such 
exceptions are clearly frivolous, immaterial, or in- 
tended for delay, judgment may be entered in such 
case, and sentence awarded therein, on such condi- 
tions as the court may deem reasonable, notwith- 
standing the allowance of such exceptions. And if, opinion of the 

I . . . . -, /> . Supreme Judi- 

iipon any such trial in said court, oi any person wno ciaicoun. 
shall be duly convicted thereon, and who shall not 
be assisted by council, any question of law shall 
arise, which, in the opinion of the presiding justice, 
is of such magnitude, or so doubtful, as to deserve 
the opinion of the Supreme Judicial Court thereon, 
it shall be his duty, if the defendant consent thereto, 
to report the facts in said case, so far as to i)resent 
the question of law arising therein ; and thereupon 
all further proceedings in such case in said court 
shall be stayed. And the person filing such excep- 
tions, or for whose benefit such report shall be 
made, may recognize, with sufficient surety or sure- 
ties for his or her appearance at the term of the Su- 
preme Judicial Court, next to be holden for the 

50 



400 CRIMINAL JURISDICTION. March U, \ ^32, 



Recognizance. 



same county, and for entering such case, and produ- 
cing copies thereof in the same court, and for abi- 
ding the order and judgment of the court thereon. 
And if such person shall not so recognize, he or she 
shall be committed to prison, to await the order and 
judgment of said Supreme Judicial Court. And 
the clerk of the court in which such trial shall be 
had, shall certify the copies of the case into the 
Supreme Judicial Court, where said case shall be re- 
turned ; and they shall have cognizance thereof, and 
consider and decide the same, in the same manner 
as they are now authorized to do, when questions 
of law are reserved by any one justice of said Su- 
preme Judicial Court ; and shall pass such orders 
and render such judgments therein as law and jus- 
tice shall require. And said Supreme Judicial Court 
may discharge such person from his or her recogniz- 
ance, or from further confinement, or prosecution in 
the case, or may proceed to sentence him or her for 
the offence of which he or she may have been con- 
victed, or may remand such case to the Court of 
Common Pleas for new trial, judgment, sentence, 
or such other proceedings therein as law and justice 
shall require. And if they shall so remand such 
case, they may order and require such person to re- 
cognize, with sufficient surety or sureties, for his or 
her appearance at said Court of Common Pleas, and 
then abiding the order and judgment of court there- 
on ; and in default of such recognizance, may com- 
mit him or her to prison ; and said Supreme Judi- 
cial Court shall certify to said Court of Common 
Pleas, their proceedings, determination, and orders 
therein, and said Court of Common Pleas shall pro- 
ceed to try said case again, or pass sentence there- 
in, or do whatever the said Supreme Judicial Court 



CRIMINAL JURISDICTION. March 14, 1832. 401 

shall have determined and ordered in such case. 
Provided, however, that this act shall not be so con- 
strued as to deprive any party of his writ of error, 
for any thing appearing of record. 

Sec. 6. Be it further enacted, That grand ju- Grand jurors. 
rors shall not be selected for, or required to attend 
upon the Supreme Judicial Court, in any county of 
the Commonwealth, except the county of Suffolk. 
And the grand and traverse jurors, which now are 
selected for, and required to attend the Courts of 
Common Pleas, shall be selected and attend said 
courts, for the purposes in this act described, and 
perform all the duties by law required of grand and 
traverse jurors respectively, in relation thereto. And 
the foreman of any grand jury, in any county of the 
Commonwealth, who shall be elected at the first 
term of the court at which such grand jury shall at- 
tend, shall be foreman of such jury during all the 
time for which they shall be empannelled ', provided, 
that, in the absence of any such foreman, another 
foreman shall be elected in the mode prescribed by 
law, who shall perform the duties of foreman during 
the absence of his predecessor. And if the grand ju- 
ry attending any Court of Common Pleas shall find 
and return into court an indictment against any ])er- 
son or persons, for any crime which is or may be 
punishable with death, said court shall have power 
to issue a capias for the arrest and confinement of 
the person or persons so charged, if not already in 
confinement, and shall, as soon as conveniently may 
be, after the finding of such indictment, cause to be 
served upon the person or persons so charged, by the 
sheriff of said county or his deputy, a copy thereof, 
with an order of court notifying such person or per- 
sons, that the same will be entered at the Supreme 



402 CRIMINAL JURISDICTION. March 14, 1832. 

Notice of indict- Judicial Court, next to be holden for said county, 
and the clerk of such Court of Common Pleas, shall 
forthwith give notice of such indictment to the chief 
justice of the Supreme Judicial Court. And when- 
ever any such indictment shall be found in the 
county of Dukes County, the same shall be return- 
ed to and tried in the Supreme Judicial Court hold- 
en at Barnstable, for the counties of Barnstable and 
Dukes County, and a copy thereof, with the order 
of court thereon, shall be served upon the person or 
persons so charged as before provided. And the 
clerk of said Court of Common Pleas, in which any 
such indictment shall be found, shall return the same 
into the Supreme Judicial Court, at the term next 
to be holden for said county, and the same shall be 
entered therein. And if the court so next to be 
holden shall be holden by one justice thereof, it 
shall be lawful for such court to cause the person 
indicted to be arraigned, and, if he or she shall, by 
plea, confess himself or herself guilty, to award sen- 
tence according to law ; and, if such person shall 
deny the charge, and put himself or herself upon 
trial, the court so holden may assign counsel, and 
order and take all measures preparatory for trial, in 
the same manner, as if the same court were holden 
by three or more justices thereof. And said court, 
when holden by three or more justices thereof, shall 
proceed to try thereon the person or persons so 
charged, in the same manner, as if such indictment 

' had originally been found in and returned to said 

Supreme Judicial Court, and shall proceed to sen- 
tence such person or persons, for any crime for which 
he or they may be convicted, on such trial, in the 
same manner as they are now by law authorized to 
do for similar crimes. 



CRIMINAL JURISDICTION. March 14, 1832. 403 

Sec. 7. Be it further enacted, That all costs ^^l 'tlUlf 
and fees in the Court of Common Pleas, in the cases ^o"''"^" p'^^'*- 
provided for by this act, shall be taxed and allowed 
by said court, in the same manner, and upon the 
same principles, as they were, before the passing of 
this act, taxed and allowed by said court, in cases 
then cognizable by them. And the clerks or other 
officers of said court, who shall receive fees or mo- 
nies to the use of the Commonwealth in said cases, 
shall account therefor in the same manner as they 
were, before the passing of this act, required to ac- 
count for fees and monies received in cases then 
cognizable by said court. 

Sec 8. Be it further enacted, That the Govern- Appointment of 
or, by and with the advice and consent of Council, peTsonloVAt- 

111 • J. J ' • '.ii torney General. 

shall appoint and commission some suitable person 
to be Attorney General for the Commonw^ealth, 
with all the powers and privileges, and subject to 
all the duties by law belonging to said office. And 
the said Attorney General shall appear, and act for 
the Commonwealth, in the Supreme Judicial Court, 
when holden by three or more justices thereof, in 
all prosecutions for crimes which are or may be 
punishable with death ; and in the trial and argu- 
ment, in said court, of all causes, criminal or civil, 
in which the Commonwealth may be a party to the 
record or be interested, and when any question of 
law^ shall be tried or argued. And when thereto 
required by the Governor, or either branch of the 
Legislature, he shall further appear and act for the 
Commonwealth, in any court or tribunal of compe- 
tent jurisdiction, in any other causes, criminal or 
civil, in which the Commonwealth may be a party 
to the record, or be interested. And it shall further 
be the duty of the Attorney General to consult with 



404 CRIMINAL JURISDICTION. March U, 1^32. 

and advise the District Attornies of the Common- 
wealth, in all matters appertaining to the duties of 
their offices, whenever he shall be applied to by 
them therefor ; to make and submit to the Legisla- 
ture, at the commencement of each session there- 
of, a report of all the business done by him dur- 
ing the preceding year, by virtue of his office, 
specifying the suits and prosecutions to which he 
may have attended as such, the names of the per- 
sons prosecuted for crime, the crimes for which, and 
the counties where, such prosecutions were had, the 
results thereof, and the punishments awarded there- 
for. And he shall also embrace in said report an 
abstract of the annual reports of the several district 
attornies, with such observations and statements, as 
in his opinion the criminal jurisprudence, and the 
proper and economical administration of the crimi- 
nal law of the Commonwealth, shall warrant and 
require. And he shall always be in attendance upon 
the call of the Legislature during their sessions, and 
shall give his opinion upon all questions of law sub- 
mitted to him by either branch of the Legislature, or 
the Governor and Council ; and shall give his aid 
and advice in the arrangement and preparation of 
legislative documents and business, when thereto 
required by either branch of the Legislature. 
Division of coun- Sec. 9. Be it furtJicr efiacted, That the several 
counties in the Commonwealth, except the county 
of Suffolk, shall be divided into four Districts, for 
the administration of criminal justice. The coun- 
ties of Essex and Middlesex shall constitute the 
northern district ; the counties of Bristol, Plymouth, 
Barnstable, Dukes County, and Nantucket, shall 
constitute the southern district ; the counties of 
Norfolk and Worcester shall constitute the middle 



ties. 



CRIMINAL JURISDICTION. March 14, 1832. 405 

district, and the counties of Hampshire, Franklin, JJ^g"*^' ^"®'" 
Hampden, and Berkshire, shall constitute the west- 
ern district. And for each of said districts, there 
shall be appointed and commissioned by the Gov- 
ernor, by and with the advice and consent of Coun- 
cil, a district attorney for the Commonwealth, who 
shall be resident within the district for which he is 
appointed. And the said district attornies shall, 
within their respective districts, appear and act for 
the Commonwealth, in all cases, criminal or civil, 
in which the Commonwealth may be a party to the 
record, or be interested, in the Courts of Common 
Pleas, and in the Supreme Judicial Court. And 
they shall also, within their respective districts, per- 
form all the duties which the attorney general and 
the solicitor general, or either of them, before this, 
act shall take effect, are by law obliged to perform, 
and which are not herein before required to be 
done by the attorney general, and shall aid the at- 
torney general in the duties so required of him in 
their several districts : Provided, that the attorney 
general, when present, shall, in any court, have the 
direction and control of any prosecutions and suits, 
in behalf of the Commonwealth. And the said Disirict atiomies 

. . 1 , r 1 r^ lo make arrange- 

district attornies, and the attornev tor the Com- mcms for the 

n c^ rr M i- puiiclual and 

monwealth, for the county of Suffolk, may, from prompt despatch 

•^ ... of duties, &e. 

time to time, make such arrangements, ui relation 
to the duties of their offices, by interchanging the 
same, as may, with reference to their mutual ac- 
commodation, best ensure a punctual and prompt 
despatch of the duties incumbent upon them, and 
may perform said duties accordingly. And the Su- 
preme Judicial Court and Court of Common Pleas 
may, in 4he absence of the attorney general and 
district attornies, at any term of either of said 



406 CRIMINAL JURISDICTION. March 14, 1832. 

courts, appoint some suitable person to perform the 
duties b_y law required of them ; and the person so 
appointed may perform said duties accordingly. 
And the said district attornies shall, severally, in 
the month of November in each year, make reports 
to the attorney general, setting forth particularly 
the amount and kind of business done by them sev- 
erally, by virtue of their offices, in each county, the 
names of any persons prosecuted, the crimes, of- 
fences, or misdemeanors, for which such prosecu- 
tions were had, the result thereof, and the punish- 
ments awarded against any persons convicted there- 
on ; and, generally, they shall present in said re- 
ports, plain and particular statements of the crimi- 
inal business of their respective districts. And the 
attorney for the Commonwealth, for the county of 
Suffolk, shall perform the same duties, in all causes 
and business arising within said county, as are here- 
in required of said district attornies within their 
respective districts. 
Atioruey general Sec. 10. Be it further endctc'd, That the attor- 
"oniies"to\oid ncy gcucral and district attornies shall severally 
the' term of five liold thcir officcs for the term of five years from the 
years. date of their several appointments, unless sooner re- 

moved by the Governor and Council ; and whenever 
any vacancy shall happen in either of said offices, 
the same shall be filled in like manner, and the 
person appointed shall hold his office for the same 
term, unless sooner removed by the Executive. And 
the attorney general shall receive the sum of eigh- 
teen hundred dollars annually, and the district attor- 
nies each the sum of one thousand dollars annually, 
to be paid to them severally, out of the treasury of 
the Commonwealth, in equal quarterly p^ments, in 
full fcr all fees, and for all services by them render- 



CRIMINAL JURISDICTION. March 14, 1832. 407 

ed. And they shall severally account with the trea- 
surer of the Commonwealth for all fees, bills of cost, 
and monies received by them by virtue of their said 
offices, or for any business done by them for the 
Commonwealth. And they shall not receive any 
fee or reward from, or in behalf of any prosecutor, 
for services in any prosecution or business, to which 
it shall be their official duty to attend ; or, during 
the pendency of such prosecution, be concerned as 
counsel or attorney for either party, in any civil ac- 
tion depending upon the same state of facts. 

Sec. II. Be it further enacted, That all the fore- Provisions of this 

c \ • rr act, when to take 

gomg provisions or this act shall take effect on the efleci. 
first day of June next ; provided, that the said attor- 
ney general and district attornies may be appointed 
at any time after the passing of this act. 

Sec. 12. Be it further enacted, That the act, Act repealed.- 
entitled " an act to give criminal jurisdiction, except 
in capital cases, to the Court of Common Pleas," 
passed on the eighteenth day of March, in the year 
of our Lord one thousand eight hundred and thirty 
one, be, and the same hereby is repealed, from and 
after the passing of this act. And all acts and parts 
of acts, heretofore passed, so far as they provide for 
the appointment, salaries, fees, and compensation 
of the attorney general and solicitor general, and 
of the attornies for the Commonwealth, in all 
the counties, except the county of Suffolk, and all 
other acts and parts of acts heretofore passed, so far 
as they are inconsistent with the provisions of this 
act, be, and the same hereby are repealed, from 
and after the first day of June next. 

[Approved by the Governor, March 14, 1832.] 
52 



408 BASS RIVER BRIDGE. 31arch 14, 1832. 



CHAP. CXXXI. 



An Act to incorporate the Proprietors of Bass River 
Lower Bridge in the County of Barnstable. 

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

of Representatives in General Court assembled, and 

Pers^onsincorpo-^^^;^^ ^i^lj^oritij oj tkesame, That Lcvi Crowcll, 

Obed Baxter Jr. Leonard Underwood, Thomas 
Akin, and Freeman Baker, and their associates, 
successors and assigns, be and thej hereby are con- 
stituted a corporation by the name of " the proprie- 
tors of Bass River Lower Bridge," and by that name 
may sue and be sued to final judgment and execu- 
tion ; 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 and 
requirements which bodies politic may or should have, 
exercise, and be subject to perform. 

Sec. 2. Be it further enacted, That the said 
Ereciion of a corporation be, and they hereby are authorized to 

bridge across ^ . . 

Bass River. coustruct 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 
prejudicial to the interests of all persons or parties 
concerned, by three commissioners, or a majority ol 
them, who shall be the following named persons, 
Samuel P. Croswell, of Falmouth, Matthew Cobb, 
of Barnstable, and Obadiah Doane of Eastham. 



BASS RIVER BRIDGE. March 14, 1832. 409 

And the said commissioners, upon application made ^onf^l'sfoners 
to them by any three or more of the persons hereby ITdllSem by 
incorporated, shall assemble at such time and place nwre'oni°e 



per- 



as they may appoint, after giving due notice to all corporlS '" 
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 par- 
ties, 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 
father south than one hundred rods south of said 
Killey's Wharf. And the said commissioners shall 
receive for their services as herein required a rea- 
sonable 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 pro- 
per. And the said corporation shall be subject, and 
required to conform to the provisions and restric- Prnvisions nwd 

^ rcsiriclions. 

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 pass- 
age of any vessel or vessels ; that the said proprie- 
tors shall place and maintain at their own expense two 
buoys, well anchored, the one above, and tlie 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 



410 BASS RIVER BRIDGE. March 14, 1832. 

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 river, 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 re- 
pair an open road from the end of the said bridge in 
Dennis to the ferry road, and the said town of Den- 
nis shall be free from all expenses arising from said 
bridge, and from that part of said road. 
buSgoodma- ^^^' "^- Se it further enacted^ That the said 
tenais, bridge shall be well built of good and sufficient ma- 

terials ; 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 
repair : And the 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 and marked thereon ; and all 
persons, with their carriages and horses passing to 
or from their usual places of public vvorship, and 
all persons going to or returning from military duty, 
and all persons passing to and froui funerals, are 
hereby exempted from paying any toll required by 
this act. 
'^**"' Sec. 4. Be it further enacted. That, for reim- 

bursing the said proprietors for the monies expen- 
ded, and to be 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 sulkey twelve ceuts ; 



BASS RIVER BRIDGE. March 14, 1832. 411 

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 whenever the 
gatherer is not attending to his duty, the gate or |°oI f ^emirng' to 
gates shall be left open. And the taking of toll J|.\''Sm£fbe 
shall commence on the day of opening said bridge 'eftopen. 
for passengers, and shall continue for the benefit of 
said corporation for and during the term of seventy 
years thereafter. Provided, that at all times here- 
after the rate of toll shall be subject to the regula- 
tions of the Legislature ; and also, that, if the said 
proprietors shall neglect to build and complete the 
said bridge within five years from and after the pas- 
sing of this act, then the same shall be void, and of 
no effect. 

Sec. 5. Be it further enacted, That any two Fi'st meeting 

«^ -^ may be called 

of the persons named in this act are hereby author- ^y publication in 

r •/ any newspaper 

ized to call the first meeting of said corporation, by printc.i in the 

a r ' ^ county of liarn- 

causing notice thereof to be published in one or more s'^'''^- 
of the newspapers printed in the county of Barnsta- 
ble at least fourteen days previous to the time of 
holding such meeting. And said proprietors, by a 
vote of a majority of those present, or represented 
by proxy at said meeting, allowing in all cases one 
vote to each share, shall choose a clerk and treasu- 
rer, who shall be sworn or affirmed to a faithful dis- 



412 BROAD COVE BRIDGE. March 16, 1832. 

charge of their respective offices ; and said offices 
» shall be united in one person, if the said proprietors 

For the accom- ^ ^ ^ 

piishment of ihe shall SO clcct ; and at the same, or any subsequent 

purposes afore- , _ _ J i 

said said coipo- meetiniT, the said proimetors may make and estab- 

raiion may make , ^ 

by-laws, &c. Hsh anj by-laws, rules and regulations, not repug- 
nant to the constitution and laws of the Common- 
wealth, that shall be necessary or convenient for 
regulating said corporation, and for effecting, com- 
pleting and executing the purposes aforesaid, and 
for collecting the tolls aforesaid. 

[Approved by the Governor, March 14, 1832.] 



CHAP. CXXXIl. 



An Act authorizing a Bridge to be built over Broad 
Cove, in the County of Bristol. 

Sec. I. I3E i7 enacted by the Senate and House 
of Representatives, in General Court asseiJiblcd, and 
by the authority of the same. That Elisha Bur- 
to"'E°iisim ^mfr" gess and Joseph Marble, together with such others 
Marbkin a°sub- as may associate with them for that purpose be, and 
iw^emy feet^wide,' thcy arc hereby authorized and allowed to build a 
way twei!i>Tev! bridge across Broad Cove, from the south side of 

en feet wide, to . , . . r o j. ^ I i 

build a bridge a- saiu covc, HI thc towu 01 feomcrset, to or near land 
Cove. " of Ebenezer Talbut, on thc north side of said cove, 

in the town of Dio;hton : Provided, that said brid2;e 
shall be built in a substantial manner, twenty feet 
wide, with a passage way twenty-seven feet wide, 
in the most convenient place for the passage of 



BROAD COVE BRIDGE. March 16, 1832. 413 

vessels through said bridge, and the wood work 
over said passage way so constructed that the same 
may be conveniently removed, and said bridge, when 
completed, shall ever remain free for the accommo- 
dation of the public : Provided further, that this This act not to 

^ . 'ake effect until 

act shall not take effect until the town of Somer- the town of Som- 
erset consent to 

set, in legal town meeting, warned for that purpose, assist in repairs, 
shall consent to pay one half of the expense of 
maintaining and repairing said bridge, and the coun- 
ty 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. 

Sec. 2. Be it further enacted, That whenever !;''irrn"cr^^an/sup- 
said bridge shall be built agreeably to the provisions when"buiit^'t?be 
contained in the first section of this act, one half of haif'b7?he°"own 
the expense of maintaining and repairing the same "he^oIheHiairby 
shall be borne by the town of Somerset, and the ;;;«'o^»°'Digi»- 
other half thereof by the town of Dighton. 

[Approved by the Governor, March 16, 1832.] 



414 l^ROY FIRE DEPART. March 16, 1832. 



CHAP. CXXXIII. 



An Act to establish a Fire Department in the town 
of Troy. 

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

of Representatives, in General Court assembled, and 

Choice of fire- by the authoritii of the same. That the inhabi- 

wards. "^ ^ c/ ^ 

tants of the town of Troy, at their annual meeting 
for the choice of town officers, shall choose by bal- 
lot, a number of persons, not exceeding twenty, for 
firewards, who shall possess the same authority, and 
exercise the same powers in relation to the extin- 
guishing of fires, as firewards did by law possess 
and exercise previous to the passing of this act. 

Sec. 2. Be it further enacted. That the fire- 
wards 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 ot the town clerk of said 
town, to appoint the time and place of the first 
meeting of the firewards after they have been cho- 
sen as aforesaid, and all succeeding meetings, when 
required by the chairman, and notify them of the 
same. He shall preside at the election of the 
chairman, 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 com- 
pensation from the town as the board of firewards 
shall determine. 
Nomination of Sec. 3. Bc it furthcr enacted, That the said 

Enginemei). 

board of firewards be, and they arc hereby author- 



Organization. 



TROY FIRE DEPART. March 16, 1832. 415 

ized and required to exercise all the powers, and 
perform all the duties, in relation to the nomination 
and appointment of enginemen, which the select- 
men of said town have been heretofore hy law autho- 
rized and required to exercise and perform ; and all 
appointments made by said board of firewards pur- 
suant to this act shall subject the persons thus ap- 
pointed 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 annually pro- 
duce to the commanding officer of the company 
within whose bounds they reside, certificates of their 
appointments from the said board of firewards, sign- 
ed by their chairman. 

Sec. 4. Be it further enacted, That the said Appointment of 

enginemen, otc. 

board of firewards be, and they are hereby authoriz- 
ed and empowered to appoint such number of men 
to the engines, hose and hook and ladder carriages, 
and to constitute a company for the securing of pro- 
perty when endangered by fire, as they shall think 
expedient, provided, that the number of men appoint- 
ed to each and every hydraulion or engine with suc- 
tion hose shall not exceed one hundred ; to each and 
every hydraulion or engine without suction hose fif- 
ty men ; to each and every mill hydraulion or forc- 
ing pump operated by water power, and to manage 
the hose respectively 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 or inspectors of fire appara- 
tus, who shall also be general inspectors of all caus- 

53 



416 TROY FIRE DEPART. March 16, 1832. 

es 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 firevvards, to 
elect directors or captains, clerks, and other officers, 
to establish such rules and regulations as may be ap- 
proved by the iirewards, 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 di- 
rect. 
Firewardsto Sec 5. Bc it further enacted, That the said 

liave the care of /-. i , , 

apparatus. hrcwards shall have the care and superintendance 
of the public engines, 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 extinguish- 
ment of fire, and shall cause the same to be kept in 
repair, and may, from time to time, make such al- 
terations and improvements therein as they shall 
deem expedient, provided, that the sum expended for 
such repairs, alterations and improvements, shall not 
exceed in any one year the sum of one hundred 
dollars, unless the said town of Troy shall have pre- 
viously assented to a larger appropriation. 
Inspection of fire ^^c. 6. Bc it further euacted, That the engin- 
apparaitis. eers or inspectors to be appointed as provided for in 
this act, shall inspect from time to time all the ap- 



TROY FIRE DEPART. March 16, 1832. 417 

paratus for extinguishing fire belonging to, and in 
the use of said town of Troy, and report their con- 
dition to the said board of firewards whenever they 
shall require it. And it shall also be the duty of 
said engineers or inspectors, in case of any of the 
apparatus belonging to said town of Troy having 
been wantonly or wilfully damaged, injured or des- 
troyed, to make diligent inquiry, to ascertain by 
whom said damage, injury or destruction was com- 
mitted, 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 in- 
spectors be sufficient to sustain an action against 
any person or persons, immediately prosecute such 
offender or offenders in the name of the town ac- 
cording to the law in such cases made and provided. 

Sec. 7. Be it further enacted, That the said SefSTegiia! 
board of firewards, at any meeting called as herein "°"^" 
before provided, may establish such rules and ordi- 
nances as they may judge proper to prohibit or reg- 
ulate 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 occupants of any 
building within said town, or such parts thereof as 
said board of firewards shall designate, from erect- 
ing or maintaining any defective chimney, hearth, 
oven, stove or stove pipe, fire frame, or other fix- 
ture, deposit of ashes, or any mixture or other ma- 
terial which may produce fire by spontaneous com- 
bustion, or whatever else may give just cause of 
alarm, and may be the means of kindling, or spread- 
ing fire. Provided, such rules and ordinances shall 
not be repugnant to the constitution and laws of 



418 TROY FIRE DEPART. March 16, 1832. 

this Commonwealth, and shall not be binding until 
the 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 maj 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 penal- 
ties so recovered shall be appropriated by said board 
of firewards for the improvement of the fire appa- 
ratus of said town. 
Act, when to Sec. 8. Be it further enacted. That this act 

take effect. , n i rr i i -i 

shall take effect when 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 succeed- 
ing election of town officers in said town of Troy 
shall take place, when a new election of firewards 
shall be had, any thing in this act to the contrary 
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 election 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 pre- 
vious to the passing of this act. 

[Approved by the Governor, March 16, 1832.] 



TAUN. COP. MAN. CO. March 16, 1832. 419 



CHAP. CXXXIV. 



An Act to increase the capital stock of the Taun- 
ton Copper Manufacturing Company. 

XjE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That the Taunton farsfocVbyThe 
Copper Manufacturing Company, be and hereby of sevemV^five 
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 subject to all the duties 
and requirements contained in the act passed the 
tw^enty 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 du- 
ties of manufacturing corporations." 

[Approved by the Governor, March 16, 1832.] 



420 LOWELL MEET. HOUSE. March 16, 1832. 



CHAP. CXXXV. 



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

Sec. 1. JdE it enacted by the Seriate and House 
of Representatives, in General Court assembled, and 

Persons incorpo- f)y the authority of the same, That Jonathan Morse 
2d. William T. Heydock, Edwin Stearns, Salmon 
Stevens, Thomas Sweetser, Hananiah Whitney, 
Stephen Goodhue, Edward Sherman, Simon Ad- 
ams, Abram Brigham, and others, who have asso- 
ciated, or may hereafter associate with them, for 
the purpose of building a meetinghouse, their suc- 
cessors and assigns be, and they hereby are incor- 
porated and made a body politic, by the name of 
the Proprietors of the third Congregational Meet- 
inghouse in Lowell, and by that name may sue and 
be sued, and may have and use a common seal, and 
may ordain and establish such by-laws and regula- 
tions, as to them may seem necessary and conven- 
ient for the government of said corporation : Provi- 
ded such by-laws and regulations be not repugnant 
to the constitution and laws of this Commonwealth. 

Real and person- Sec. 2. Bc it further encictcd, That the said 

al estate. _ ^ 

corporation may purchase and hold real and personal 
estate, the annual income of which, exclusive of the 
meetinghouse and land under the same, shall not 
exceed 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 on such shares. 



LOWELL MEET. HOUSE. March 16, 1832. 421 

from time to time, as they may deem expedient, to 
carry their intended object into effect. 

Sec. 3. Be it further enacted, That whenever Negligence in 

paying assess- 

any proprietor shall neglect or refuse to pay any mems. 
assesment, legally made upon his share or shares, 
to the treasurer of said corporation, within thirty 
days after the same shall be made payable, the said 
treasurer is hereby authorized to sell at public auc- 
tion the share or shares of su,ch delinquent proprie- 
tor, 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 meetinghouse, 
whenever such house shall have been erected, at least 
thirty days previous to such sale, to execute deed or 
deeds thereof to the purchaser or purchasers; and 
after deducting the amount of such delinquent's as- 
sessment, together with legal interest thereon, from 
the time the same was payable, and necessary inci- 
dental charges, the said treasurer shall pay the sur- 
plus, if any there be, to such delinquent proprietor ; 
or the said treasurer may sue and prosecute to final 
judgment and execution any such delinquent pro- 
prietor for any tax or assessment due and payable 
on any share or shares of such delinquent proprie- 
tor. 

Sec. 4. Be it further enacted, That there shall Annual meeting. 
be an annual meeting of said proprietors, after the 
present year, on the second Monday in March, at 
which they shall elect by ballot, a president, clerk, 
treasurer, and five trustees, of whom the president 
shall be one, and the treasurer and clerk shall be 
sworn to the faithful discharge of their respective 
trusts ; and at such meeting, each proprietor, or his 
agent duly authorized in writing, shall be entitled 
to as many votes as he holds shares : Provided^ 



422 LOWELL MEET. HOUSE. March 16, nS2. 

that no one person shall be entitled to more than 

ten votes. 
iecwd'°o^%^ro^. Sec. 5. Bc it further enacted, That it shall be 
cee ings. ^j^^ ^^^^ ^^ ^j^^ clerk of sdid corporation to keep a 

record of all the proceedings 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 proprietors on the back of such certifi- 
cate. 

Sec. 6. Be it further enacted j That any justice 
First meeiing. ^f ^jjg peacc 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 call- 
ing the first meeting to elect officers and organize 
said corporation, at such convenient time and place 
as he shall direct ; at which meeting said proprie- 
tors may agree upon the manner of calling future 
meetings. 

[Approved by the Governor, March 16, 1832.] 



BOSTON S. BRIDGE. March 16, 1832. 423 



CHAP. CXXXVI. 



All Act, in further addition to an Act to incorporate 
the Proprietors of the Boston South Bridge. 



Sec. 1. jjE it enacted by the Senate and House 
of Representatives, in General Court assembled, and Bridgediscomin- 
bij the authority of the same, That, from and after "r Bos"cIrpa?a 
the passing of this act, the proprietors of the Boston '""' ^^ "'""«> 
South Bridge be, and they hereby are authorized to 
discontinue said bridge, as a pass way, and at any 
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 pro- 
prietors such sum of money as may be agreed upon 
by them and the said city, for a transfer and assign- 
ment 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 incorporate the pro- 
prietors 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, leaving the channel 
and flats under the same unincumbered by any of 

. . , -. Channel and flats 

the timbers or materials composing the same, and to be len unin- 

,. . I cumbered. 

also to sell and dispose of, at public or private sale, 
all the said materials of said bridge, and every other 
kind of property whatever belonging to said pro- 
prietors in their corporate capacity, as a compensa- 
tion for the sums of money expended in the con- 
struction and erection of said bridge, and to divide 
the net proceeds of such sale among the respective 

54 



424 WEYMOUTH UNION BANK. March 17, IS32. 

stockholders, according to the number of their 
shares respectively. Provided always, that before 
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 satis- 
faction 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. 
Sec, 2. Be it further enacted, That so much of 
bie'wiaf°hirre- ^^^ scvcral acts relating to said bridge to which 
pealed. ^-j^jg jg [^ addition, as is incompatible with the pro- 

visions of this act be, and the same hereby is re- 
pealed. 

[Approved by the Governor, March 16, 1832.] 



CHAP, CXXXVII. 



An Act to incorporate the President, Directors and 
Company of the Union Bank of Weymouth and 
Braintree, in Weymouth. 

Sec. 1. J3E «7 enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Christopher 
Persons incorpo- Webb, Ezra Lcach, Elisha Blanchard, Asa Webb, 
Joseph Richards, Briant Newcomb, Jonathan New- 
comb, Briant Newcomb, Jr. Josiah Vinton, Jr. 
Amos Stetson, Elihu White, Joseph Loud, James 
White second, John Crane, Salmon Clapp, and 



WEYMOUTH UNION BANK. March 17, 1882. 425- 

James Whittemore, their associates, successors and 
assigns, shall be and they are hereby created a 
corporation, by the name of the President, Direc- 
tors 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, priviie- 
and subject to all the duties, liabilities and require- &c.' "^ '""'''' 
nients, 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 
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 continue the banking corpo- 
rations therein named and for other purposes." 

Sec. 2. Be it further enacted. That the stock 
in said bank shall be transferable only at its bank- ^oX.*^"^ °^ 
ing house and in its books, and no part thereof shall 
be transferred by \^ay of security for the perform- 
ance of any obligation whatsoever until two years 
from the payment of the first instalment into said 
bank. • 

Sec. 5. Be it further enacted, That the capital 
stock of said corporation shall consist of one hun- ^'"*'^'^^- 
dred 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. Provided, the whole be paid within one year 
from the passing of this act. 

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

•^ Location. 

bank shall be located in the town of Weymouth, 
and that any one of the persons before named shall 



426 FIRST U. CH. IN DANVERS. March 17, 1832. 

be authorized to call the first meeting of said cor- 
poration, by advertising the same in some public 
how'cS"^' newspaper printed in the city of Boston, and by 
posting up notices thereof in some public place in 
each of the towns of Weymouth, Braintree, Ran- 
dolph, Abington, Hingham and Quincy, ten days at 
least before said meeting. 

[Approved by the Governor, March 17, 1832.] 



CHAP. CXXXVIII. 



An Act in addition to an Act, incorporating the Pro- 
prietors of the First Unitarian Church in Dan- 
vers. 

13 E it enacted by the Senate and House 

of Representatives, in General Court assembled, and 

by the authority of the same, That the aforesaid 

Preceding act ai- act bc SO far altered and amended, in the third sec- 

tered and amend- . i ,, r ,i r 

ed. tion of the same, as to read " tor the term oi one 

year affer 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 authorized to make 
sale of the same in conformity to this alteration. 

[Approved by the Governor, March 17, 1832.] 



CAMBRIDGE FIRE DEPART. March 17, 1832. 427 



CHAP. CXXXIX. 



An Act establishing a Fire Department in the town 
of Cambridge. 

Sec. 1. JoE it enacted by the Senate and House ^ 

of Representatives in General Court assembled, and 
by the authoritii of , the same, That the Fire Depart- Cambridge Fire 

•? J J • ' I Department, ot 

ment of the town of Cambridge shall hereafter con- whom to consist. 
sist 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, ap- 
point, who shall hold their offices for one year, from 
the first day of May next succeeding, also as many 
enginemen, hosemen, and hook and ladder men, as 
the selectmen shall annually, on the first Wednes- 
day in May, or as soon thereafter as may be, ap- , 
point. Provided, that the number of enginemen 
shall not exceed fifty to every hydraulion or suc- 
tion engine, thirty five to every common engine, five 
to every hose carriage, and twenty five hook and 
ladder men. Provided, also, that the first appoint- 
ment under this act may be made in the month of 
May instead of April as provided for in the former 
part of this section. 

Sec. 2. Be it further enacted, That the select- Selectmen au- 

c • 1 I 11 II 1 . thorized to fill 

men ot said town be, and they are hereby authoriz- vacancies. 
ed and required to fill any vacancies occurring in 
said fire department, to give certificates of appoint- 
ments to the members thereof, and to fix and estab- 
lish from time to time the powers and duties of the 
officers and members of said fire department respec- 



428 CAMBRIDGE FIRE DEPART. March 17, 1832. 

tiv ely, 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 
ordain rules and regulations for the conduct of said 
officers and members, and of the citizens present at 
fires, and to annex penalties for the breach thereof, 
not exceeding twenty dollars, which penalties may 
be sued for in the name of the treasurer of said town 
in any courts proper to try the same : provided, 
such rules and regulations shall not be binding and 
valid, until the same be published in some newspa- 
per printed in the city of Boston. 
Auihoriiy in re- Sec 3. Be U further enacted, That the chief en- 

gard lo Ihe cle- , ^"^ 

moiiiionofhous- gineer and engineers so appointed shall have the 
same powers and authority, 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 extinguish- 
ment or prevention of fires, or the commanding as- 
sistance at them, as firewards 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 witliin said town of Cambridge, under the 
laws of this Commonwealth relative to the extin- 
guishing 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. 
ijuiy of mem- ^Ec. 4. Be itfurthev enacted, That every mem- 
^"^" ber of said fire department shall be held to produce 

within thirty days after he shall have become a 



CAMBRIDGE FIRE DEPART. March 17, 1832. 429 

member of said department, and annually, in the 
month of May thereafter, to the commanding officer 
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 cer- 
tificate shall exempt him from military duty so long 
as he shall remain a member of said fire de- 
partment, and every member of said department 
who shall produce a certificate, signed by the chair- 
man of the board of selectmen of said Cambridge, 
stating that he has served as a member of said de- 
partment for seven successive years after the age 
at which the laws of the United States or of this 
Commonwealth may hold the citizens thereof liable 
to enrolment in the militia, shall be exempted from 
all military duty, excepting that of keeping himself 
constantly armed, furnished with the arms and equip- , 

ments required by the laws of the United States, 
and of this Commonwealth, and the duty of carry- 
ing or sending them annually to the place of inspec- 
tion or view of arms of the company within whose 
bounds he may reside, and in which he is enrolled. 

Sec. 5. Be it further enacted, That, from and Former laws re- 
after the organization of a fire department under ^^^ ^ ' 
this act, and notice thereof given in one or more 
newspapers published in the city of Boston, all for- 
mer 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. 

Sec. 6. Be it further enacted, That the pro- Provisions ef this 

r ^ • rr- -I ^ ' f act, when to take 

Visions or this act shall take offect and be in force eflect. 
as soon as the same shall be accepted by the citi- 
zens of said town, qualified to vote in town affairs 



430 AGENCIES OF INSUR. CO. Mar c/t 17, 1832. 

at a legal meeting notified for such purpose, and 
shall continue in force until modified or repealed by 
the Legislature. 

[Approved by the Governor, March 17, 1832.] 



CHAP. CXL. 



An Act respecting Agencies of Insurance Compa- 
nies incorporated out of this Commonwealth. 

Sec. 1. IjE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority oj the same, That where, by the 
faf.ce companies l^ws of any State of the United States, other than 
lo ihe'Treasurer this Commouwealth, HOW in force, or hereafter to 
wJahi).^°"""°" be enacted, an agent of insurance companies in- 
corporated in this Commonwealth, is or shall be 
liable in such other State to pay a special tax, ex- 
cise or commission, on the amounts he may procure 
to be insured by insurance companies incorporated 
in this Commonwealth ; then and in such case any 
person residing in this Commonwealth, and acting 
as the agent for any insurance company incorpo- 
rated in any such other State, for the purpose of 
proposing, procuring, or agreeing for insurances to 
be made by such companies, so incorporated in any 
such other State, on property situated in or in be- 
half of persons residing in this Commonwealth, 
every person so acting in this Commonwealth as 
such agent as aforesaid, shall semi-annually on, or 



AGENCIES OF INSUR. CO. March 17, 1832. 431 

within ten days before the first Mondays of April Time within 

•^ ^ ^1 which said return 

and October, respectiv^ely, every year, make a re- must be made. 
turn to the Treasurer of this Commonwealth, under 
oath, of all amounts he shall as such agent so have 
agreed for insurance of, or so procured to be insured, 
during the six months preceding the time of making 
such return. And in case of his neglecting to make 

, ^ , . , . , r 1 1 Agont neglecting 

such return, or ot his makuig the same lalsely or tomakcsud. re- 

_ luni. or making 

fraudulently, he shall forfeit for each such neglect, a false one, shaii 

^ _ ^ incur a penalty 

or for each such false or fraudulent return so made, of ^looo for ev- 

cry such neglect 

the sum of one thousand dollars, one half to the or fraudulent re- 
turn. 

use of the person complaining thereof, and one half 
to the use of the Commonwealth ; and on making 
any such return, such agent shall pay over to the 
treasurer of this Commonwealth one half of one per 
centum on the whole amount so by him, or through 
his agency, procured or caused to be insured. 

Sec. 2. Be it further enacted, That no person ^° p<^''^"" ^i'^" 

i' ' r act as such agent 

shall act in this Commonwealth, as such agent of ""'■' 'l^ ^''"" . 

' a have given bona 

any insurance company, incorporated in any such ^^'^'^ /nTuy^of Li 
othir State, wherein like agencies are taxed as 'easissooo. 
aforesaid, or, as such agent, shall, in this Common- 
wealth, procure or agree for any sum to be insured 
on property in this Commonwealth, or in behalf of 
persons residing therein, until he shall have first 
given a bond in the penalty of at least five thousand 
dollars, to the treasurer of this Commonwealth, with 
two or more sureties to be by him approved, to pay 
into the treasury of this Commonwealth, semi-annu- 
ally as aforesaid, the said amount of one half of one 
per centum on all sums that shall be by him, as such 
agent, procured, or caused, to be insured ; Provided, 
hoivever, that in case auy such tax, excise or com- i'"^""*"- 
mission as aforesaid, shall be imposed or exacted in 
any other State of the United States by a law 

55 



432 DORCH. AND MILT. BANK. March 17, 1832. 

passed after the passing of this act, then any person 
acting or proposing to act as such agent as aforesaid. 

Person acting as , i i r 

agent not requir- m this Commonwealtli, tor any insurance company, 

ed to give bond . i i i i r i i r 

or to pay com- nicorporatcd by the laws oi such state so nereaiter 

mission, in cer- . . . . . 

tain cases. imposing such tax, cxcisc or commission, shall not 
be required to give such bond to the treasurer of 
this Commonwealth, or to pay such commission of 
one half of one per centum on the amount by him 
procured to be insured, or to make return of any 
sums that may by him be procured to be insured, 
until sixty days after the passing of such law in 
such other State. 

[Approved by the Governor, March 17, 1832.] 



CHAP. CXLI. 



An Act to incorporate the President, Director^ and 
Company of the Dorchester and Milton Bank. 

Sec. 1. 13E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That Moses Whit- 
rated"' '"'^ "^'^ ney, Darius Brewer, Samuel Bridge, Caleb Hobart, 
Robert P. Tolman, Abel Cushing and Asaph Church- 
ill, 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 Milton Bank, and shall so con- 
tinue until the first day of October, w^hich shall be 
in the year of our Lord one thousand eight hundred 
and fifty-one, and shall be entitled to all the powers 



DORCH. AND MILT. BANK. March 17, 1832. 433 

and privileges, and subject to all the duties, liabili- 
ties 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 continue the 
banking corporations therein named, and for other 
purposes." 

Sec. 2. Be it further enacted, That the stock Transfer of 

-' ^ ^ shares. 

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 security for the performance 
of any obligation whatsoever, until two years from 
the payment of the first instalment into said bank. 

Sec. 3. Be it further enacted, That the capi- Capiui stock, 
tal stock of said corporation shall consist of the sum 
of one hundred thousand dollars, to be divided into 
shares, 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. 

Sec. 4. Be it further enacted. That said bank Location, 
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 authorized 
to call the first meeting of said corporation, by giv- *^"''' '"^*"'"^- 
ing public notice of the same in any newspaper 
published in the city of Boston, ten days at least 
before said meeting. 

[Approved by the Governor, March 17, 1832.] 



434 UNION MAR. INS. CO. March 17, 1832. 



CHAP. CXLII. 



An Act to incorporate the (Jnioii Marine Insurance 
Company. 

Sec. 1. 13 E /i enacted by the Senate and House 
of Representatives, in General Court assembled, and 

S°"' '"*'°'''°" ^y ^^^^ 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 of making maritime loans and insu- 
rance against maritime losses, in the usual and cus- 
tomary 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 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 insur- 

Maysue and be aucc companics," for and durine; the term of twen- 

sued, plead and '■ ^ " _ 

be impleaded, xy 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 de- 
fend to final judgment and execution and they may 
have a common seal, which they may alter at pleas- 
ure, and they may purchase, hold and convey any es- 
tate, real or personal for the use of said company. 



NEWBURYP. POLICE COURT. March 17,1832. 435 

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. 

Sec. 2. Be it further enacted, That the capital capital siock. 
stock of said company shall be two hundred thou- 
sand 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. 

Sec. 3. Be it further enacted, That the " Union LocaiioR. 
Marine Insurance Company" shall be located in the 
city of Boston. 

[Approved* by the Governor, March 17, 1832.] 



CHAP. CXLllI. 



An Act to establish a Police Court for the towns of 
Newbury and Newburyport. 

Sec. 1. JjE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 

7 • j^ 1 rni Newbury and 

by the authority of the same, ihat the towns oi Newburyport 

TVT TVT r made into a dis- 

Newbury and Newburyport shall hereafter form a irict for the a< 

-,. . ... ,.. . minisiration of 

district for the administration of justice therein, justice merein. 
conformably to the provisions of this act. 

Sec. 2. Be it further enacted, That there shall poiice court es- 
be, and hereby is, established, within and for said '^ 
district, a police court, to consist of one able, learn- 



436 NEWBURYP. POLICE COURT. March 17, 1832. 

ed and discreet person, to be appointed and com- 
missioned pursuant to the constitution, to take cog- 
nizance of all crimes, offences and misdemeanors 
committed 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. 
Court to exercise Xhc court hcrcbv established shall hear and deter- 

same powers and •' 

are''°or^^ma'^''be ^^^^^^ ^^^ suits, complaiuts and prosccutions, cogniza- 
onife'^ 'ea'ce'"''^' ^^^ V ^^' ^" ^^^^ 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 jurisdiction and 
cognizance, of all civil suits and actions hereafter to 
be tried and determined within said district, and 
which, before the passing of this act, might by law 
be tried and determined before any justice of the 
peace within either of the said towns ; and no 
Writs to be made Writ, ui any such suit or action, shall be made re- 

relurnable to iii/> I'-ri •! 

said court only, tumablc beiorc any Other justice ot the peace, with- 
in said district but to said court only ; and 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 

courT^iot^o'be thc pcacc ; and the justice of said court shall not be 



counsel or allor- 



ney in any mat- ot couHScl Or attomey to any party in any matter or 

tor pending in , . , i • i i j' • 'J 

said court. thing whatsoever, which may be pending in said 
court. 

Warrants issued Sec. 3. Be it fwther cnacted, That all war- 
by said court re- . , , . , , . • r ^i 

burnable thereto, rauts issucd by said court, or by any justice ot the 
peace within said district, shall be made returnable 
and be returned before said court ; and if any war- 



NEWBURYP. POLICE COURT. March 17, 1 832. 437 

rant shall be issued by any justice of the peace, 
returnable before said court, the lawful fees, payable 

^ "^ ^ Fees not allowed 

therefor, shall not be paid or allowed on the exami- unless ihere was 

■*■ _ ^ reasonable cause 

nation or hearing before said court, unless it shall for issuing a war- 

=> rant. 

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. 

Sec. 4. Be it further enacted, That all costs in <='°1'« received 

•^ ' to be paid over 

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, certified, 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. 

Sec. 5. Be it further enacted. That a court C""""' "'.'^^'^^''' 

'^ one day in each 

shall be held by said justice, on one day of each week, "and oikn- 

•' •' -^ er if necessary. 

week, at nine of the clock in the forenoon, and as 
much oftener as may be necessary, to take cogni- 
zance 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 neces- 
sary, for the trial of civil suits and actions ; and the 
justice of said court shall, from time to time, estab- 
lish all necessary rules for the orderly and uniform 
conducting of the business of said court. 

Sec. 6. Be it further enacted^ That all suits. 



438 NEWBURYP. POLICE COURT. March 17,1832. 



Dele 
sui 



iierminaiion of actions and prosecutions which shall be instituted 

IS, &c. _ ^ 

and pending before any justice 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. 
Two special jus- Sec. 7. Be it furthcr eiiacted, That there shall 
poinied. be appointed by the Governor, by and with the ad- 

vice 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 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 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 
justices shall be paid for the services herein required 
Compensation, of them, out of the mouics received in said court, 
such sum as the justice of said court would be en- 
titled to receive for the same services. 
Record of pro- Sec. 8. Be it fiutlier euctcted, That the justice 
kepi. "^ 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 processes, and of his 
doings therein, in the same manner as justices of 
the peace are now by law required to do. 
An, ifaccepiefi, Sec. 9. Be it further enacted, That this act 

when io take ff- i n ■ ■ ,. i r. . i /- ^ i 

feci. shall go mto operation, liom and alter the nrst 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 ac- 
cept the same, and shall signify said refusal to the 



DORCHESTER ACADEMY. March 20, 1832. 439 

Governor, on or before the first day of April next, 
and the 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. 

Sec. 10. Be it further enacted, That all acts, Pan of former 

•^ , , acts repealed. 

and parts of acts, so far as they are inconsistent 
with the provisions of this act, be and the same are 
hereby repealed. 

[Approved by the Governor, March 17, 1832.] 



GHAP. CXLIV. 



An Act to incorporate the Proprietors and Trustees 
of the Dorchester Academy. 

Sec. 1. JoE ^7 enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That John Codman, 
Benjamin Fuller, John Capin, James Penniman, ,aTed°"*'°*^°'^''° 
Aaron Nixon, Thomas Tremlett, James Leach, and 
Joseph Leeds, their associates, successors and as- 
signs, be and they hereby are created a body politic 
and corporate, by the name of the Proprietors of 
Dorchester Academy in the town of Dorchester, 
County of Norfolk, with power to hold real estate 
not exceeding ten thousand dollars in value, to be 
used and applied solely for the purposes of educa- 
tion. And the said proprietors shall have power 
from time to time to choose a clerk and such other 

56 



440 DORCHESTER ACADEMY. March 20, 1832. 

officers 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 prosecute and defend the same to final judg- 
ment 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 proper- 
ty into shares, and for the sale and transfer thereof, 
provided, the same be not repugnant to the consti- 
tution and laws of this Commonwealth. 
Assessment upon Sec. 2. Be it further enacted, That the said 

shares. , *^ . . 

proprietors may from time to time, at any legal meet- 
ing 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 hire or purchase 
of land, and the erecting, improvement, and repairs 
of buildings and grounds, and for defraying the ex- 
penses 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 
neglect 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 no- 
tice 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 de- 
linquent proprietor. 



DORCHESTER ACADEMY. March 20, 1832. 441 

Sec. 3. Be it further enacted, That John Cod- fees!:''°^"'"" 
man, James Penniman, Thomas Tremlett, James 
Leach, and Joseph Leeds, be and are hereby con- 
stituted 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 inci- 
dental 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 be- 
queathed to them, and to make and ordain by-laws 
for the regulation of their meetings of business, 
and reasonable rules and orders for the govern- 
ment and discipline of said schools in said acade- 
my, and the said trustees are hereby authorized to 
fill all vacancies that may hereafter happen in the 
said board of trustees. 

Sec. 4. Be it further enacted. That said trus- ^^^ai and person- 

--' al eslaie. 

tees may lawfully take and hold by gift, grant, be- 
quest, devise or otherwise, any real or personal es- 
tate for the benefit of said school or schools in said 
academy, provided the annual income thereof shall 
not exceed five thousand dollars. 

Sec. 5. Be it further enacted, any one of the First meeting. 
proprietors named in this act, may call the first 
meeting of the proprietors by giving written or per- 
sonal notice of the time and place of meeting to 
each proprietor, ten days before the day of such 
meeting. 

[Approved by the Governor, March 20, 1832.] 



442 GROUSE OR HEATH HEN. March20, \SS2. 



CHAP. CXLV. 



An Act to prevent the destruction of the bird called 
-» Grouse or Heath Hen, in Dukes county. 

Sec. 1. .oE it enacted by the Senate and House 
No person shall of Representatives in General Court assembled, and 
stroy Grouse or by the aut/iority of the same, That, from and after 
Dukes county, thc Dassino; of this act, it shall not be lawful for any 

from the Isl day , , mi i r i i • i 

of Jan. to the 1st person to take, kill or destroy, any or the birds 

day of Nov, Jn * ., , , , , • , • , ,. . ,. 

each year. called grousc or heath hen, within the limits or 
Dukes County, from the first day of January 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 time limited as afore- 
said, 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 recov- 
ered by any person who will sue for the same, 
within one year from the time of the offence com- 
mitted, to his own use, in an action of debt in any 
court having jurisdiction of the amount demanded ; 
or said forfeitures may be recovered by complaint 
to any justice of the peace in the name of the 
Commonwealth, to the use of thc county where the 
prosecution shall take place ; and, on failure to pay 
such forfeitures and costs on conviction, the offender 
may be committed to prison for a term not less than 

Proviso. fiv^ ^^or more than fifteen days : Provided, however, 

that the inhabitants of any town in said county, 
may, at their annual meeting in March or April, in 



COURTS OF PROBATE. March 20, 1832. 443 

any year, by a vote suspend the operation of the 
prohibitions and restrictions contained 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. 

Sec. 2. Be it further enacted, That an act Former act re- 
passed the fourth day of March, in the year of our 
Lord one thousand eight hundred and thirty-one, 
entitled an act, in addition to an act, entitled an 
act to prevent the destruction of certain useful birds 
at unseasonable times of the year, be and the same 
is hereby repealed. 

[Approved by the Governor, March 20, 1832.] 



CHAP. CXLVI. 



An Act to establish the times and places of holding 
the Courts of Probate within and for the county 
of Middlesex. 

Sec. 1. xjE it enacted by the Senate and House 
of Representatives in General Court assembled, and ^v , , „„, 

J X ' Times and places 

by the authority of the same, That, from and after bLe'ciul"! in 'he 
the first day of June, in the year of our Lord one ^"^"^^ °^ ^"'' 
thousand eight hundred and thirty- two, a Probate 
Court shall be holden at the following times and 
places, within and for the county of Middlesex, an- 
nually, to wit: at Cambridge, on the second Tues- 
day of January, on the third Tuesdays of March, 
May and November, and on the first Tuesday of 



444 INTESTATE ESTATES. March 20,^32. 

September ; at Concord, on the second Tuesdays of 
February, April, August and November ; at Charles- 
town, on the third Tuesdays of February and Au- 
gust ; at Framingham, on the last Tuesdays of June 
and October; at Groton, on the first Tuesdays of 
May and November ; at Lowell, on the first Tues- 
days of June and December, and at Woburn, on the 
fourth Tuesday of April. 
Former aci re- Sec. 2. Be it furtlitr enactcd, That the act 
passed on the fourteenth day of February, in the 
year of our Lord one thousand eight hundred and 
twenty-two, entitled " an act to alter and establish 
the times of holding the courts of probate within 
and for the county of Middlesex," be, and the same 
is hereby repealed, from and after the first day of 
June next. 

[Approved by the Governor, March 20, 1832.] 



CHAP. CXLVIL 



An Act in further addition to " An Act regulating 
the descent and distribution of intestate estates." 



13 E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That, from and after 
JateTsUes'"'^'" ^^^ passing of this act, any child or children, 
whose father and mother shall, after the birth 
thereof, have lawfully intermarried, and have had 
other issue thereafter, and the father shall have 



Regulating the 



BROAD RIMMED WHEELS. March 20, 1832. 445 

recognized such child or children, born before Ssof'deceS 
such intermarriage, as aforesaid, then in case any ^'^ ci'-'^i^en. 
of the said children shall, after the decease of the 
father, die without lawful issue, the surviving child 
or children of such parents shall inherit the estate 
of such deceased child or children, in the same 
manner as if all the said children had been born 
in lawful wedlock; saving however to the mother, 
the right of sharing in the estate, in the same 
manner as if all the said children had been born in 
wedlock, and in no other manner; any law to the 
contrary notwithstanding. 

[Approved by the Governor, March 20, 1832.] 



CHAP. CXLVIII. 



An Act further to suspend the operations of '*■ An 
Act providing for the use of broad rimmed 
wheels." 

.oE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That the provisions of p,.o^i^i„„3 ^^ „„ 
an act, passed the eighth day of March, one thou- jj^^ i" relation to 
sand eight hundred and twenty eight, entitled " an 
act providing for the use of broad rimmed wheels," 
shall have full force and effect from and after the 
eighth day of March, one thousand eight hundred 
and thirty four, and that so much of said act as pro- 



jroad rimmed 
wheels. 



446 ADAMS ACADEMY. March 20, 1832. 

vides for its earlier operation, be, and the same is 
hereby repealed. 

[Approved by the Governor, March 20, 1832.] 



CHAP. CXLIX. 



An Act to incorporate the Adams Academy. 

Sec. 1. J3E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Peter Briggs, 

Persons incorpo- t-w'iii t t-»i r»-i-»- mi 

raied. David Anthony, Jr. Kobert K. Briggs, i nomas 

Robinson, Isaac U. Hoxie, Zelotes Richmond, 
Daniel Smith, Daniel Jenks, and Snell Babbit, 
their associates and successors, be, and they here- 
by 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 
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 Commonwealth. 

Sec. 2. Be it further enacted, That any two of 
the persons named in this act may call the first 
meeting of said corporation, by giving notice of 
the time and place seven days and [at] least pre- 
viously thereto, in any newspaper printed in the 
county of Berkshire. 

[Approved by the Governor, March 20, 1832.] 



CHARLES. B. OF HEALTH, March 20, 1832. 447 



CHAP. CL. 



An Act in addition to " An Act authorizing the 
town of Charlestown to establish a Board of 
Heahh." 

Sec. L JBe it enacted hij the Senate and House 
of Representatives in General Court assembled, and 
hy the authority of the same, That the selectmen SeSTeguif- 
of the town of Charlestown be, and they hereby ii^roM^Vad: 
are authorized and empowered, from time to time, 
to make and establish rules, orders, and regula- 
tions, for the interment of the dead in said town, 
to establish the police of the burying grounds, ap- 
point and locate the places where the dead may 
be buried in said town, to make regulations for fu- 
nerals, and appoint all necessary officers and per- 
sons to carry the same into effect, and to prescribe 
their duties and fees. And the said selectmen 
may establish such penalties for the violation of 
any such rules, orders, and regulations, as they 
may think proper : Provided, 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 inhabi- 
tants 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. 

Sec. 2. Be it further enacted, That all fines, bl^'^'roSuted^" 
forfeitures, and sums, to be paid, arising under any ^°'^- 
bl 



448 FRANKLIN COAL COMP. March 20, 1832. 

^"/g^ ^"'^ ^°^'^^'" of the provisions of this act, shall be prosecuted 
for, by and in the name of the selectmen of the 
town of Charlestovvn, 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 coun- 
ty of Suffolk, by the twelfth section of an act, en- 
titled " 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 hun- 
dred 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 selectmen to the treasurer thereof. 

[Approved by the Governor, March 20, 1832.] 



CHAP. CLI. 

An Act in addition to An Act to incorporate the 
" Franklin Coal Company." 

j3E it enacted by the Senate and House 

of Representatives, in General Court assembled, and 

^. . , , by the authoritii of the same, That so much of the 

Digging the only "^ .... 

means for corpo- act to which this is iu addition as authorizes said 

raiion to obtain 

coal. corporation to procure coal otherwise than by dig- 

ging, be, and the same is hereby repealed. 

[Approved by the Governor, March 20, 1832.] 



FRANKLIN LABORATORY. March 20, 1832. 449 



CHAP. CLH. 



An Act to incorporate the Franklin Laboratory. 

Sec. 1. IjE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That MaximilHan Is- Persons incorpo- 
nard, Nathaniel Dorr, Charles Hickling, and Na- 
thaniel Dorr, Jr., with their associates, successors 
and assigns be, and they hereby are made a corpo- 
ration, by the name of the Franklin Laboratory, for 
the purpose of manufacturing white lead in the 
town of Roxbury in the county of Norfolk, and for 
this purpose shall have all the powers and privileg- 
es, and be subject to all the duties and require- 
ments contained in an act passed on the twenty 
third day of February in the year of our Lord one 
thousand eight hundred and thirty, entitled " an 
act defining the general powers and duties of man- 
ufacturing corporations." 

Sec. 2. Be it further enacted, That the said cor- Real and person- 
poration may hold and possess such real estate, not 
exceeding in vahie six thousand dollars, and such 
personal estate, not exceeding in value the sum of 
nine thousand dollars, as may be necessary and 
convenient for the purposes aforesaid. 

Sec. 3. Be it further enacted. That any one First meeiino, 
of the persons named'^in this act, be, and either of 
said persons is hereby authorized to appoint the 
time and place for holding the first meeting of said 
corporation, giving ten days notice thereof to the 
others, either by personal notice or otherwise. 

[Approved by the Governor, March 20, 1832.] 



Bridge may be 



450 BOS. & WOR. R. ROAD COR. March 22, 1832. 



CHAP. CLIII. 

An Act in addition to " An Act to establish the 
Boston and Worcester Rail Ruad Corporation." 

Sec. 1. Be it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That the said Boston 
Trecu^d "across" and Worccstcr Rail Road Corporation be and they 
Charles river, hereby are authorized and empowered to erect, for 
the sole and exclusive accommodation of the travel 
on the said rail road, a bridge, in a direction which 
shall be found most convenient for the said rail 
road, across the water of Charles river, from a 
point in Boston, between the western avenue and 
canal bridge, to Cambridge, not approaching with- 
in 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 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 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, carriages or horses as may be 
employed in the immediate service of the said 
corporation. 



BOS. k WOR. R. ROAD COR. March22, 1832. 451 

Sec. 2. Be it further enacted, That the said Manner in which 

♦^ bridge may be 

bridge may be built in such manner, and of such t-"'''- 
materials, either by a solid embankment br other- 
wise, 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 and 
sufficient passages for the water of said river, not Proviso, 
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 pas- 
sage 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 hun- 
dred to one hundred and fifty feet, as shall be ne- 
cessary 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 corpora- 
tion shall be held liable to keep said draw, plank- 
ing and piers, in good repair, and to raise the 
draw, and to afford all reasonable accommodation 
to vessels having occasion to pass it by day or by 
night. And if any vessel shall be unreasonably 
detained in passing the said bridge, by the negli- 
gence of the said corporation in constantly provid- 
ing agents to faithfully discharge the duties en- 
joined by this act, the owner, commander, or the 
merchant having the consignment of said vessel, 



452 BOS. & WOR. R. ROAD COR. March 22, 1832. 

may recover equitable damages therefor of the 

said corporation, in an action on the case, before 

any court proper to try the same. 

Corporation to Sec. 3. Bc U furthev enacted, That the said 

ThYt mayTrisf*^^ corporatiou shall be holden to pay all damages 

from taking land .1 . • . t . t • 

ior bridge, &c. that may arise to any person or persons by takmg 
their land for the said bridge, 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. And the same powers are hereby 
given to the husband of any femme covert, and the 
guardian of any minor, or person non compos men- 
tis, to release 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. 

Branch rail roads Sec. 4. Be it further enactcd. That, for the 

may be construe- ^ ^ 

ted. greater accommodation 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 passengers, 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 lay- 
ing out, construction and use of the said branch 
rail roads, the said corporation shall possess all 
the powers, enjoy all the privileges, and be subject 



BOS. k WOR. R. ROAD COR. March22, 1832. 453 

to all the liabilities, which are granted to and im- 
posed upon them in reference to the main rail 
road from Boston to Worcester : Provided, that all 
the reservations made in the said act for the exer- Proviso. 
cise of the authority of the Legislature in refer- 
ence to the said main rail road, shall apply equally 
to the branches, which shall be constructed under 
the authority hereby granted : And provided fur- 
ther, that in case the said corporation shall con- 

, , ., TIT I ^ Further proviso. 

Struct a branch rail road leaduig to the town ot 
Millbury, no other rail road shall, within thirty 
years from the passing of this act, be authorized 
to be made, leading from Boston, or Irom Rox- 
bury, Brookline, Cambridge, or Charlestown, to 
any place within five miles from the termination of 
the said branch rail road in Millbury. 

Sec. 5. Be it further enacted, That, in case a capUai stock 
further capital stock than one million of dollars, "li? 
shall be required for the construction of the said 
rail road with the said branches and depots, and in 
case the said corporation shall, at any time after 
the opening of the said rail road, judge it expedi- 
ent for the better accommodation of the travelling 
and transportation thereon to construct a double 
set of tracks, they shall be authorized and em- 
powered, by vote of the stockholders, at a meet- 
ing specially notified for the purpose, to increase 
their said capital stock by the creation of an addi- 
tional 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 



454 BOS. & WOR. R. ROAD COR. March 22, 1832. 

additional shares, in proportion to the amount 
which they may hold, respectively, of the said 
original shares. 
Ris^ht reserved j^^c. 6. Be it further enacted. That it shall be 

to L/ommon- •-' ' 

wealth to pur- {^ i\^q Dowcr of the ffovemmcnt of the Common- 
chase rail road ^ o 

a(ter2o years. Wealth, at any time during the continuance of the 
charter of the said Boston and Worcester 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 cor- 
poration 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 pay- 
ing 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 stockholders 
of the said corporation to the time of such pur- 
chase ; and every thing contained in the proviso 
in the fourteenth section of the act to which this 
is an addition, inconsistent with the provisions 
herein made, is hereby repealed. 

Three Commis Sec. 7. Bc it further euactcd, That the loca- 

missiouers to 1)0 _ - -, ^ ■ r - i i i • 

appointed to ex- tioH aud constructiou or the draws and piers con- 
tTo"!"(fc c'onsiruc- ncctcd thercwiih, required to be made by this act, 
and piers! ^ shall bc liable to the examination and appro- 
val of three commissioners, to be appointed by the 
Governor and Council, at or before the com- 



BRAINTREE COAL CO. March 22, 1832. 455 

mencement of the work, and at the charge of said 

.T.,,,, , , _ ._ Examination of 

corporation: And it shall be the duty of said draws and piers. 
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 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. 

[Approved by the Governor, March 22, 1832.] 



rated. 



CHAP. CLIV. 



An Act to incorporate the Braintree and Wey 
mouth Coal Company. 

Sec. 1. J3E «7 enacted by the Senate and House 
of tiepresentatives, in General Court assembled, and 
by the authority of the same, That Fisher A. Kings- persons 
bury, John Hayward, Whitcomb Porter, Minot 
Thayer, Ezra Leach, Josiah Vinton, jr. Joseph 
Hayward, Philo Keith, Joseph Richards, Jonathan 
Newcomb, 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, Christopher 
Webb, Calvin Crane, Isaac Newcomb, Otis Fair- 
banks, E. Marsh, jr. Amos W. Stetson, William 

Bowditcii, jr. Samuel Cook, Joseph Tilden, Wil- 
58 



incorpo- 



456 BRAINTREE COAL CO. March 22, 1832. 

liam Adams, G. W. Adams, Daniel Safford, Grid- 
ley 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 dig- 

Diggingcoai. g[^g j^^^j 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 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 pow- 
ers and duties of manufacturing corporations." 

Corporation may gg^. 2. Be it further euacted. That said cor- 

be seized and *>' ' 

and^e7sonIus! po^^tion may be fully seized and possessed of such 
tate. ygai estate, not exceeding the value of fifty thou- 

sand dollars, and such personal estate, not exceed- 
ing fifty thousand dollars, as may be necessary and 
convenient for the purposes aforesaid. 

[Approved by the Governor, March 22, 1832.] 



Division of Com- 
inonwealtli inlo 
districts for the 



SENAT. DISTRICTS. March 22, 1832. 457 



CHAP. CLV. 



An Act to divide the Commonwealth into Districts, 
for the choice of Counsellors and Senators. 

JjE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That, from and after 
the passing of this act, the Commonwealth be, and 
hereby is, divided into thirteen districts for the seitKaud^sena 
choice of counsellors and senators, and that each ^°"' 
district be, and hereby is authorized and directed 
to choose the number of counsellors and senators 
to the same hereinafter respectively affixed, in the 
manner prescribed by the constitution and laws of 
this Commonwealth. The county of Suffolk shall 
form one district, and choose six senators. The 
county of Essex shall form one district, and choose 
six senators. The county of Middlesex shall form 
one district, and choose five senators. The coun- 
ty of Worcester shall form one district and choose 
six senators. The county of Hampshire shall form, 
one district and choose two senators. The coun- 
ty of Hampden shall form one district, and choose 
two senators. The county of Franklin shall form 
one district, and choose one senator. The county 
of Berkshire shall form one district, and choose 
two senators. The county of Norfolk shall form 
one district, and choose three senators. The coun- 
ty of Bristol shall form one district, and choose 
three senators. The county of Plymouth shall 
form one district, and choose two senators. The 



458 TOWN OF TEWKSBURY. March 22, 1832. 

county of Barnstable shall form one district, and 
choose one senator. The counties of Nantucket 
and Dukes County shall form one district, and 
choose one senator. 

[Approved by the Governor, March 22, 1832.] 



CHAP. CLVI. 



An Act to set off a part of the town of Tewks- 
bury, in the County of Middlesex, and annex 
the same to the town of Lowell, in said County. 

Sec. 1. J3E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
land!"'*'*"* ° 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 Merri- 
mack River, thence running easterly on said Mer- 
rimack River one hundred and seventy-nine rods, 
to a stone wall, embracing all that part of the 
Merrimack 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 running 
by said stone wall southerly about thirteen rods to 
the highway ; 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 p 



TOWN OF TEWKSBURY. March 22, 1832. 459 

certain other stone wall ; thence south fifteen and 
a half degrees west, through land of said Liver- 
more and land of Zadock Rogers, one hundred Boundaries, &:c. 
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 running westerly sixty- 
two rods to a maple tree on Concord River and to 
the line of Lowell aforesaid ; thence running north- 
erly on Concord River and the line of said Lowell, 
four hundred and two rods to the bound first men- 
tioned, including all of said Concord and Merri- 
mack 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 here- 
by is set off" and separated from said Tewksbury, 
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 as- 
sessed 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 inhabitants of Lowell and Tewks- 
bury, 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 be in favour of the annexation 
herein provided for, which votes shall be given 
upon written ballots. 

[Approved by the Governor, March 22, 1832.] 



460 TRANSFER OF PROPERTY. March 22, 1832. 



CHAP. CLVII. 

An Act to prevent Fraud in the transfer of Perso- 
nal Property. 

Sec. 1. Be it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That no mortgage of 
personal property, hereafter made, shall be valid 
perllnaPproper- against any other person than the parties thereto, 
*^" unless possession of the mortgaged property be 

delivered to, and retained by the mortgagee, or 
unless the said mortgage be recorded in the office 
of the clerk of the city or town, where the mort- 
gager shall reside at the time of making the same. 
Provided, that nothing herein contained shall affect 
any transfer of property under bottomry or respon- 
dentia bonds, or of any ship or goods at sea or 
abroad, if the mortgagee shall take possession 
thereof, as soon [as] may be after the arrival of the 
same in this Commonwealth. 
Duty of clerks Sec. 2. Be it further enacted. That it shall be 
the duty of said clerks, upon payment of their 
fees, to record mortgages of personal property, 
in a book to be by them respectively kept for that 
purpose, with the time when the same are received 
and recorded ; and the fees of said clerks for re- 
cording such mortgages, and for certifying the 
time when, and the book and page where the same 
may be recorded, for making and certifying copies 
and for enterinir discharges, shall be the same, as 



ASSESSMENT OF TAXES. March 22, 1832. 461 

are now by law allowed to registers of deeds for 
similar services. 

[Approved by the Governor, March 22, 1832.] 



CHAP. CLVIII. 



An Act relating to the Assessment of Taxes. 

Sec. 1. xJE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That the county com- Apponionmeiu 
missioners within their respective counties, when 
duly authorized to assess any county tax, shall ap- 
portion the same on the several towns, districts 
and other places therein, according to the number 
of their ratable polls and the order of their respec- 
tive ratable estates, as ascertained and fixed by law 
in the year of our Lord one thousand eight hun- 
dred and thirty-two. 

Sec. 2. Be it further enacted. That in the as- <^°""'y- town, 

'^ and plaiitalion 

sessment of all county, town, district and planta- ^^^*''- 
tion taxes, all the machinery employed in any 
branch of manufactory, and belonging to any cor- 
poration, copartnership, person or persons of this 
or any other State, shall be assessed in the respec- 
tive cities, towns or other places, wherein such 
machinery may be situated or employed ; and, in 
assessing the shares in any manufacturing corpo- 
ration, there shall first be deducted from the value 
thereof, the value of the machinery and real estate 



462 ATTACHMENT. March 22, 1832. 

belonging to such corporation, otherwise specifi- 
cally taxed. 
, Sec. 3. Be it further enacted, That the provis- 

Modificaiion of ions of thc tax act, for the year of our Lord one 

the provisions of 

the lax act, (or thousaud eight hundred and thirty-one, are hereby 

the i-ear 1831. » . 

SO far modified as to render the same consistent 
with the provisions of this act. And the Secretary 
of the Commonwealth shall forthwith transmit a 
copy of this act to the clerks of the several towns 
and districts therein. 

[Approved by the Governor, March 22, 1832.] 



CHAP CLIX. 



An Act in addition to " An Act to prevent fraud in 
the attachment of Real or Personal Estate." 

Be it enacted by the Senate and House 
of Representatives in General Court assembled, and 
hi the authority of the same, That the benefits of 

Extension of the -^ ... it- ii 

benefits of ihe thc act to which this IS in addition, be, and the 

act to which this 

is in addition, gamc hcrcby are extended to all persons, who are, 
or may be interested in any estate, whether real or 
personal, which is or may be attached on mesne 
process, whether such persons be interested as pur* 
chasers, mortgagees, subsequent attaching credit- 
ors or otherwise. Provided, such persons shall 
appear and make themselves parties to any suit 
whereon said supposed fraudulent attachment 
may have been made, at any time before final 



INSPECTION OF HOPS. March 23, 1832. 463 

judgment in said suit, and provided also such per- 
son or persons shall in all other respects comply 
with the provisions of the said act to which this is 
in addition. 

[Approved by the Governor, March 22, 1832.] 



CHAP. CLX. 



An Act in addition to an Act to provide for the In- 
spection of Hops for Exportation. 

Sec. 1. Be it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That the inspector of Appoimmem of 
hops for this Commonwealth shall appoint and keep ors7'^ mspeci- 
in commission one or more deputy inspectors, in 
such parts of the Commonwealth as will best ac- 
commodate the growers and consumers of hops, 
who shall be removable by him at pleasure, for 
whose conduct he shall be answerable, and from 
whom he may require sufficient bonds for the faith- 
ful discharge of their duty. 

Sec. 2. Be it further enacted, That the inspec- inspector to be 

' appointed by the 

tor shall be appointed by the Governor and Coun- Governor and 

^ *■ "^ Council once in 

cil once in five years, and may be removed by five years. 
them at pleasure, any thing in the third section of 
the act to which this is in addition to the contrary 
notwithstanding. 

[Approved by the Governor, March 23, 1832.] 
59 



464 INSTRUCTION OF YOUTH. March 24, 1832. 



CHAP. CLXI, 



An Act in addition to " An Act to provide for the 
Instruction of Youth." 

J3E it enacted by the Senate and House 

of Representatives, in General Court assembled, and 

Coniiruciion of bv the authoritu of the same, That the proviso con- 
proviso, &,c. -^ '^ ^ ^ 

tained in the fourteenth section of the act passed 
on the tenth day of March, in the year of our 
Lord one thousand eight hundred and twenty- 
seven, entitled " an act to provide for the instruc- 
tion of youth," in and by which proviso power is 
given to any school district to prescribe the mode 
of warning all future meetings of such district, 
shall be deemed and taken, and so construed, as 
to authorize any school district to prescribe by 
what person or persons, and in what manner, such 
meetings shall be called, as well as to prescribe 
the mode of warning the same. 

[Approved by the Governor, March 24, 1832.] 



CO-EXECUTORS, &c. Marc/i 24, 1 832. 465 



CHAP. CLXII. 



An Act giving further remedies between Co-Exec- 
utors and Co-Administrators. 

JjE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That the justices of^ f^^^^^^^^^,^'^^^^ 
the Supreme Judicial Court may hear and deter- n°[,^ist"ttors!'^ 
mine, in equity, all disputes and controversies be- 
tween co-executors and co-administrators, and be- 
tween their respective legal representatives, in all 
cases where there is no plain and adequate reme- 
dy at law ; and in these cases may exercise the 
same powers in the same way and manner they do 
or may between co-partners, joint tenants and ten- 
ants in common, and their legal representatives. 

[Approved by the Governor, March 24, 1832.] 



466 LUNATIC HOSPITAL. iWarc/i 24, 1832. 



CHAP. CLXIII. 



An Act concerning the State Lunatic Hospital. 

Sec. I. JjE it enacted by the Senate and House 

of Representatives, in General Court assembled, arid 

Government of ^j, ^/jg authority of the Same, That the oovernment 

State Lunatic ^ o J ' o 

Hospital to be Qf the State Lunatic Hospital, at Worcester, shall 

vested in aboard >■ ' ' 

of ave trustees, ^g vcsted in a board of five trustees, and the Gov- 
ernor is hereby authorized to nominate, and, by and 
with the advice and consent of the council, to ap- 
point and commission five discreet persons, whose 
duty it shall be to take charge of the general in- 
terests of the institution, and to see that its affairs 
are conducted according to the requirements of the 
Legislature, and the by-laws and regulations which 
the trustees are hereby authorized to establish, 
from time to time, for the internal government and 
economy of the institution. The trustees shall 
appoint a superintendent, who shall always be a 
physician, constantly resident at the hospital ; and 
a treasurer, who shall gi/e bonds, in such sum, 
and with such sureties, as the trustees shall judge 
proper, for the faithful discharge of his duties. 
They shall also appoint, or make provision in the 
by-laws for appointing, such other officers as, in 
the opinion of the board, may be necessary for 
conducting efficiently and economically the busi- 
ness of the institution. The salaries of all the 
officers shall be determined by the trustees, subject 
to approval by the Governor and Council. And 
the appointment of all ofl^icers by the trustees 



LUNATIC HOSPITAL. March 24, 1832. 467 

shall be made in such manner, with such restric- 
tions, and for such periods of time, as the by-laws 
may provide. 

Sec. 2. Be it further enacted, That there shall visitations of the 

, . . • r 1 1 ■ 1 hospital. 

be regular and thorough visitations oi the hospital ; 
once in each month, by one or more of the trus- 
tees ; semi-annually, by a majority of them ; and 
annually, by the whole board. At each visitation, 
a written account shall be drawn up of the state of 
the institution, to be presented to the board at the 
annual meeting and visitation, which shall be in 
the month of December ; at which time a full and 
detailed report shall be made, to be laid before the 
Governor and Council, during thefirst week of the 
session of the Legislature, for the use of the gov- 
ernment, exhibiting a particular statement of the 
condition of the hospital, and of all its concerns. 
The treasurer shall^also at the same time present 
to the Governor and Council his annual report of 
the finances of the institution. 

Sec. 3. Be it further enacted, That so soon as when hospital 

, shall be prepar- 

the hospital shall be prepared for the reception of ed for the recep- 

■•■''• ^ _ lion of the insane 

the insane, and that fact shall be made public by orders shaii be 

* '' modified, &.c. 

proclamation of the Governor of the Common- 
wealth, all orders, decrees, and sentences, for the 
confinement of any lunatic in any gaol or house of 
correction within the Commonwealth, thereafter to 
be made by any court or any judicial officers, by 
virtue of the statutes of one thousand seven hun- 
dred and ninety-seven, chapter sixty-second, and 
of one thousand eight hundred and sixteen, chapter 
twenty-eighth, shall be so far modified, that all 
such lunatics shall thereafter be committed to the 
custody of the superintendent of the hospital at 
Worcester ; and all lunatics, who, at the time 



468 LHJNATIC hospital. March 24, 1832. 

when such proclamation shall be made, shall be 
confined in any gaol or house of correction, under 
any order, decree, or sentence of any court, or any 
judicial officers, by virtue of the statutes above 
mentioned, shall, as soon as may be practicable, be 
removed to said hospital, under the direction of 
the mayor and aldermen of the city of Boston, or 
of the county commissioners of the several coun- 
ties of the Commonwealth, at the expense of said 
city and counties respectively. And it shall be the 
duty of every keeper of any gaol, and master of a 
house of correction, from which any lunatic shall 
be removed to said hospital, by force of the pro- 
visions of this act, to transmit w ith such lunatic a 
statement in writing of all such facts connected 
with his confinement, and the cause thereof, and 
the length of time he has been confined, as may 
be in his power. 

Powers: Sec. 4. Be it further enacted, That the board 

of trustees shall possess the same powers which 
the keepers of gaols and of houses of correction 
do now possess by law, against delinquent towns or 
individuals, in regard to the expenses incurred by 
those committed to the hospital, by virtue of the 
statutes above mentioned as herein before modi- 
fied. 

Town pauper lu- ^^c. 5. Bc it furthcT cnactect, That town pau- 
per lunatics may be admitted to the hospital for a 
sum in no case exceeding the actual expense in- 
curred in their support. And, as a bounty upon 
humane efforts for the prompt relief of poor pa- 
tients, recently attacked by insanity, the trustees 
are hereby authorized to receive such patients, in 
their discretion, for a less sum than the actual cost 
of their support. 



natics. 



LUNATIC HOSPITAL. March 24>, US2. 469 

Sec. 6. Be it further enacted. That the board Discharge of lu- 
of trustees, at any meeting, when a majority shall 
be present, or either of the justices of the Su- 
preme Judicial Court, and of the Court of Com- 
mon Pleas, at any term of said courts, holden 
within and for the county of Worcester, may dis- 
charge from confinement any lunatic committed to 
the hospital, by judicial authority, after the cause 
of such confinement shall have ceased to exist, ap- 
plication being made therefor in writing. 

Sec. 7. Be it further enacted, That no keeper J,^l^^^Q ^on- 
of any gaol or house of correction shall hereafter '"^'^• 
make a private contract for the custody and sup- 
port of any town pauper lunatic or lunatics within 
the county buildings, without the consent and ap- 
probation in writing of the mayor and aldermen 
of the city of Boston, or of the county commis- 
sioners of the respective counties, under a penalty 
of not less than one hundred dollars, to be recov- 
ered by indictment in any court of competent ju- 
risdiction, for the use of the Commonwealth. 

Sec. 8. Be it further enacted, That, after the Two trustees to 
first year, two trustees shall be appointed annually, IiuJl!J'°'"^'''^ '''"' 
and for that purpose the places of the two senior 
trustees, as they stand arranged in their commis- 
sion, shall be annually vacated. And, from the 
time when the institution shall be completely or- 
ganized, the trustees shall receive no compensa- 
tion, except for the actual expenses of the visita- 
tions. 

Sec. 9. Be it further enacted, That the board 

. "^ _ , Grants and devi- 

of trustees, for the time being, may receive any ses of lands. 
grants and devises ol lands and tcneuienls, and any 
donations and bequests of money, in trust for the 
Commonwealth, to be used and improved for the 



470 CREDITORS. March 2^, 1832. 

maintenance of insane persons, and for the benefit 
of the institution. 

[Approved by the Governor, March 24, 1832.] 



CHAP. CLXIV. 



An Act in further addition to an Act entitled " An 
Act to enable creditors to receive their just de- 
mands out of the goods, effects, and credits of 
their debtors, when the same cannot be attached 
by the ordinary process of law." 

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

of Represe7itatives, in General Court asseinhled^ and 

rrovmons of aci by the authority of the same, That the several pro- 

xeiue , . yjgj^Qj^g q|- u ^p^ ^^^ ^Q enable creditors to receive 

their just demands out of the goods, effects and 
credits of their debtors, when the same cannot be 
attached by the ordinary process of law," and of 
all other acts in addition thereto, shall be, and the 
same hereby are extended to all cases wherein any 
corporation or body politic may be entrustedjwith 
or possessed of any money, goods, effects or cre- 
dits of any debtor, so far as they shall be applica- 
ble to such cases ; and such corporation or body 
politic shall be proceeded against, and held to 
answer in the same way and manner, as is provi- 
ded in the acts aforesaid, for trustees in other 
cases. 



CREDITORS. March 2^, 1832. 47i 

Sec. 2. Be it further enacted, That whenever 
the trustee process, provided in the several acts 
aforesaid, shall be instituted against any corpora- Trustee proces?. 
tion, or body politic, as the trustee of any debtor, 
the service thereof shall be made upon the same 
persons, and by the same officers, thirty days be- 
fore the said process shall be returnable, as is now 
by law required in suits wherein such corporation 
or body politic shall be the principal debtor. And 
such corporation, or body poUtic, is hereby requir- 
ed to disclose its pecuniary relations with such debt- 
or, on the oath or affirmation of the cashier, clerk, 
agent, selectmen, committee, or other person or 
persons conducting the concerns thereof, which 
disclosure shall have the same operation and effisct 
as a disclosure of trustees in other cases, and the 
several forms of the trustee process aforesaid may 
be so altered, as to conform to the provisions of 
this act. 

Sec. 3. Be it further enacted, That all provis- Provisions of ex- 
ions of existing laws, inconsistent with the provis- peaifdr'"^" '^" 
ions of this act be, and the same are hereby re- 
pealed. 

[Approved by the Governor, March 24, 1832.] 

60 



472 COURT OF C. PLEAS. Marc/i 24, 1832 



CHAP. CLXV. 



An Act in addition to an Act respecting appeals 
from judgments of the Court of Common Pleas. 

Sec. 1. 13E 27 enacted by the Senate and House 
of Representatives, in General Court assembled, and 
Proviso of former by the authority of the same, That the proviso 
ac repeae . ^^ ^^^ closc of the first section of the act to which 
this is in addition, entitled " an act respecting ap- 
peals from judgments of the court of common 
pleas," passed on the eleventh day of February, 
in the year of our Lord one thousand eight hun- 
dred and twenty-three, be, and the same is hereby 
repealed. 
Time when this Sec. 2. Be it furth&T enacted, That this act 
act IS to lake e - ^j^^jj ^^j^^ cfFcct from and after the first day of 

April next. 

[Approved by the Governor, March 24, 1832.] 



Forfeiture for 



LICENSED HOUSES. March 24, 183^A 473 



CHAP. CLXVI. 



An Act for the due regulation of Licensed Houses. 

Sec. L JlJE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That no person shall 
presume to be an innholder, or seller of wine, bran- seiin^ without 

■"• ... license. 

dy, rum, or any other spirituous liquors, to he used, 
and consumed in or about his or her premises, ex- 
cept such person be first duly licensed according to 
law, as is herein provided, on pain of forfeiting the 
sum of one hundred dollars ; and if any person shall 
at any time sell any spirituous liquors, or any mixed 
liquors, part of which is spirituous, to be used or 
drunk in or about his or her premises, without li- 
cense therefor duly had or obtained according to 
law, he or she shall forfeit and pay, for each offence, 
a sum not exceeding twenty dollars, nor less than 
ten dollars. 

Sec. 2. Be it further enacted, That no person 
shall presume to be a retailer or seller of wine, f" fi,i^ften""T' 
brandy, rum, gin, whiskey or other distilled spirits, '""'• 
in a less quantity than ten gallons, and that deliv- 
ered and carried away all at one time, except such 
person be first duly licensed according to law, as 
is herein provided, on pain of forfeiting the sum 
of twenty dollars for each offence ; and no person, 
licensed to be a retailer as aforesaid, shall presume 
to sell any of the above liquors, either mixed or 
unmixed, to be drunk in his or her house or shop, 
or in any of the parts or dependencies of the same, 



474 LICENSED HOUSES. March 24, 1832. 

under pain ot' forfeiting therefor the sum of twenty 
dollars. 
ahieX' ^h"' for- ^^^- ^' ^^ *^ fuftlier euactecl, That no person 
Iforextierfin"'" ^hall presuiTie to be a common victualler, or seller 
nor'ie^s^'ihlnten ^^ ^vinc, brandj, rum, or any other spirituous liquors, 
.loiiars. ^Q jjg yg^^ ^1^^ consumed in or about his or her pre- 

mises, except such person be first duly licensed ac- 
cording to law, as is herein provided, on pain of 
forfeiting the sum of one hundred dollars ; and if 
any person shall at any time sell any spirituous li- 
quors, to be used or drunk in or about his or her 
premises, without license therefor duly had and ob- 
tained according to law, he or she shall forfeit and 
pay, for each offence, a sum not exceeding twenty 
dollars, nor less than ten dollars. 

Sec. 4. Be it further enacted, That the mayor 

Mayor and alder- i ij r \ • r rt i* 

men may license and aldermen 01 the city oi Boston, may license 

as many persons r • j - i- i • 

as, in iheir ap- lor Said City 38 many applicants therein as common 
public advantage victuallcrs, as tlicy shall decide the public good 

may require. . , ii i i r i 

may require, and to remove all doubt or the nature 
of the occupation of the common victualler provided 
to ])e licensed in this act, it is hereby provided that 
all the liabilities, privileges and requirements of this 
act, which apply to innholders, shall apply to com- 
mon victuallers, excepting that they shall not be re- 
quired to furnish lodging for travellers, hay and 
provender for horses and cattle. 
ing"opRn°shoron ^Ec. 3. Bc it fiirthcr enacted, That if any per- 
stay. g^j^ licensed as a common victualler, as described in 
the preceding section of this act, shall keep open 
his or her house, cellar, shop, store or place of bu- 
siness, on any part of the Lord's day or evening, 
or keep open the same at a later hour than ten of 
the clock of the evening of any working day, and 
entertain any person therein by selling him or her 



LICENSED HOUSES. March 24>, 1832. 475 

any spirituous or strong liquor on the Lord's day or 
evening, or on any working day at a later hour than 
ten of the clock in the evening thereof, he or she so 
offending shall forfeit and pay, for each offence, on 
conviction thereof, the sum of ten dollars. 

Sec. 6. Be it further enacted,, That the mayor Mayor and akier- 

j , , r \ • f -rt ^• ™^" may license 

and aldermen oi the city or iJoston may license for the city of 

P . , . - .- - . Boston, and 

lor said city oi boston ; and the county commis- county commis- 

, , ..,.,--, sioners for ilie 

sioners in the several counties in this Common- several counties, 
wealth may license for the towns and districts in 
their respective counties, as many applicants therein 
as innholders or retailers, as they shall decide the 
public good may require : and, in all licences to be 
granted either to innholders, common victuallers or 
retailers within the city of Boston, or in the towns 
or districts in this Commonwealth, the street, lane, 
alley or other place, and the number of the build- 
ing, or some other particular description thereof, 
within said city, town or district, shall be specified, 
where such licensed person shall carry on and exer- 
cise his or her respective employment, and said li- 
cense shall not protect such person from the liabili- 
ties provided in this act, for carrying on and exer- 
cising his or her employment in any other place 
than in that specified in said license. 

Sec. 7. Be it further enacted, That all licenses Licenses to be 

x-iij i-1 1 -,11 yearly renewed, 

to innholders, retailers and common victuallers, &c. 
shall be yearly granted or renewed, and the time 
for which all such licenses shall be granted or re- 
newed shall expire on the first day of April in each 
year, but it shall be in the power of the mayor and 
aldermen of the city of Boston, and the county 
commissioners in their several counties, to grant or 
renew licenses at any time after the said first day 
of April, for the remainder of the year, whenever 



476 LICENSED HOUSES. ilfarcA 24, 1 832. 

' they shall deem the same expedient. And each 
person, who shall be licensed as aforesaid, shall pay 
to the clerk of the city of Boston, or to the clerk 
of the county commissioners of their respective 
counties, the sum of one dollar, which shall be paid 
by said clerks to the treasurers of their respective 
counties, for the use and benefit of said counties, 
men and county Sec. 8. Be it further enacted, That the mayor 



commissioners 



may license with- and aldermen oi the city ot jDoston may license lor 

out fee &-C 

the city of Boston, and the county commissioners in 
the several counties may license for the towns and 
districts in their respective counties, in the manner 
before provided, as many persons therein as they 
shall decide the public good shall require as innhol- 
ders, common victuallers, or retailers or sellers of 
wine, beer, ale, cider, or any other fermented liquor, 
and no excise or fee shall be required therefor. 
the^names^o°"per- Sec. 9. Be it fwther euactecl, That the clerk of 

sons licensed, &c ^i , • • • ,1 i 

the county commissioners in the several counties 
shall from time to time, annually, before granting 
the said licenses, seasonably transmit to the select- 
men of every town or district within the county, a 
list of the names of the persons in such town or dis- 
trict, who were licensed as innholders, retailers 
or common victuallers the year before. And no 
license shall be granted or renewed to any person 
unless he or she shall produce a certificate from the 
selectmen of the town or district where such license 
is intended to be exercised, or from a majority of 
them, in form following, to wit : We, the subscrib- 
ers, a majority of the selectmen of the town (or dis- 
trict) of do hereby certify, that 
has applied to us to be recommended as (here ex- 
pressing the employment, and a particular descrip- 
tion of the place for which the license is sought) in 



LICENSED HOUSES. March 24, 1832. 477 

the town (or district) of and that, after 

mature consideration, we are of opinion, that the 
public convenience requires, that the petition of 
said be granted, he or she being, to the 

best of our knowledge and belief, a person of good 
moral character. 

(Signed) A B ^ 

C D > Selectmen of 
E F) 
Provided, however, that any person aggrieved by Proviso. 
the neglect or refusal of the selectmen of any town 
or district within any county within this Common- 
wealth to return the certificate, as has been herein 
prescribed, in order that his or her license as an inn- 
holder, retailer or common victualler may be renew- 
ed, or by their refusing to give their approbation, 
that such person may be originally licensed to be an 
innholder, retailer or common victualler, within such 
town or district, it shall and may be lawful for the 
county commissioners within said county, on appli- 
cation of such aggrieved person to renew or origin- 
ally grant the license prayed for, any law, custom, 
or usage to the contrary notwithstanding : provided 
always, that the person applying shall substantially 
prove to the satisfaction of the said commissioners, 
that the selectmen have unreasonably neglected or 
refused to give their certificate or approbation, as is 
herein prescribed, and that the public convenience 
requires the renewal or originally granting the 
license prayed for ; and that it shall be the duty of 
such aggrieved person to inform the selectmen or 
some one of them, refusing as aforesaid, that he or 
she shall apply to the county commissioners at their 
session next to be holden within said county, for the 
renewal or granting of his license, so that the select- 



478 LICENSED HOUSES. March 24, 1832. 

men may, if they see fit, appear and shew cause 
why such person should not be licensed. 
bS'Ir'stai! ^^c- ^0. Be it further enacted, That every li- 
s^u'*,/X''''p'io'I'is- '^^"sed innholder shall at all times be furnished with 
frriiment"and''" ^uitablc provisions and lodging, for the refreshment 
si"Sers^&c. °^ ^"^ entertainment of strangers and travellers, stable 
room, hay and provender for their horses and cattle, 
on pain of being deprived of his or her license. And 
every licensed innholder and common victualler 
shall, at all times, have a board or sign affixed to his or 
her house, shop, cellar or store, or in some conspic- 
uous place near the same, with his or her name at 
large thereon, and the employment for which he or 
she is licensed, under pain of forfeiting the sum of 
twenty dollars : and if any innholder enjoined by 
this act to be suitably provided to receive and enter- 
tain strangers, travellers, or others, as occasion may 
require, shall be convicted of refusing to make suit- 
able provisions, when desired, for receiving of stran- 
gers, travellers, and their horses and cattle, such 
person, upon conviction thereof, in the Court of 
Common Pleas in the county to which such licensed 
person belongs, shall, by the said court, be depriv- 
ed of his or her license : and the said court shall, in 
such case, order the sheriff" of the same county, or 
his deputy, to cause the sign of such convicted per- 
son to be taken down, whose duty it shall be to per- 
form the same without delay. 

Sec. ] 1 . Be it further enacted, That no inn- 
l?ards *^"''*' ^'' holder, and no common victualler, shall have or 
keep in or about his or her house, shop, cellar or 
store, yards, gardens or dependencies, any dice, 
cards, bowls, billiards, quoits, or any other imple- 
ments used in gaming; nor shall suffer any person 
or persons resorting unto his or her house or other 



LICENSED HOUSES. March 24, 1832. 479 

place of business to use or exercise any of said 
games, or any other unlawful game or sport within 
his or her house or place of business, or any of the 
dependencies as aforesaid, or places to them be- 
longing, on pain of forfeiting the sum of ten dollars 
for every such offence. And every person convicted 
of using and exercising any of the games as afore- 
said, in any such house, place of business, or depen- 
dencies thereof, shall forfeit the sum of ten dollars. 

Sec. 12. Be it further enacted, That no inn- No inniiokier 
holder, and no common victualler, shall suffer any uaiier.si,;,ii suflbr 
person to drmk to drunkenness or excess in his or drink k. excess 

, , 1 /- 1 • rr • ill Ins or her place 

her house or place oi business, or sutler any minor, of business. 
(travellers excepted) or servant to drink there, or to 
have any strong drink there, after having been for- 
bidden by their respective parents, guardians or 
masters, on pain of forfeiting the sum of five dol- 
lars for each offence. 

Sec. 13. Be it further enacted, That if any inn- Any.nniioWeror 

, , T • ^ 11 1 11 • cniiiinon viclual- 

holder, or any common victualler, shall trust or give kr f^ivuig credit 
credit, Irom time to time, to any person lor liquor dmnkinhisorber 

I -, I 1 1 • 1 • 1 • 1 prciTiisfs, shall 

to be drunk and used in his or her premises, such lose and forfeit 
innholder or common victualler shall lose and for- ited. 
feit all such sums so trusted and credited ; and all 
actions hereafter brought for such debt or debts, 
shall be utterly excluded and barred. And the de- 
fendant in such action may plead the matter special- 
ly, or, under the general issue, give the matter in 
evidence, any law, usage or custom to the contrary 
notwithstanding. 

Sec. 14. Be it further enacted. That whenever persons « ho shaii 
any person shall, by idleness or by excessive drink- excess1"e~dr°nk- 

,. . . ,. . , , ing, misspend or 

ing 01 spirituous liquors, so mispend, waste, or les- waste his or her 

, . , 1 I • I esiaie, &.c. 

sen his or her estate, as thereby either to expose 
61 



480 LICENSED HOUSES. iWarc/i 24, 1832. 

himself or herself, his or her family, to want or in- 
digent circumstances, or the city, town or district to 
which he or she belongs, to a charge or expense for 
the maintenance of him or her, or his or her family, 
or shall so habitually indulge himself or herself in 
the use of spirituous liquors, as thereby to greatly 
injure his or her health, or endanger the loss there- 
of, the city clerk, under the direction of the mayor 
and aldermen of the city of Boston, and the select- 
men of the towns or districts as aforesaid, shall, in 
writing, under their hands, forbid all licensed inn- 
holders, retailers and common victuallers to sell to 
any of the persons aforesaid, any spirituous or 
strong liquors in this act mentioned or referred to, 
for the space of one year, and shall, in like manner 
forbid the licensed persons, as aforesaid, of the city 
of Boston, or of any other town or district to which 
such persons may resort for the same : and said 
mayor and aldermen, and said selectmen, shall, in 
the same manner, from year to year, renew the 
Prohibition to be prohibitiou as to all such persons as have not in 
yeaMoyearT ^^^^^' opi^ion rcformcd witMn the year ; and if any 
licensed innholder, common victualler or retailer, 
shall, during any such prohibition, sell to any such 
prohibited person, any spirituous liquor in this act 
mentioned or referred to, he or she shall forfeit and 
pay, for each offence, the sum of twenty dollars; 
and whenever the authorities aforesaid, agreeably to 
the provisions of this act, have prohibited the sale 
• of any strong liquor to any mispender of time or 
estate as aforesaid, if any person shall, with a 
knowledge of said prohibition, give, sell, purchase 
or procure for, and in behalf of such prohibited per- 
son, or for his or her use, any spirituous or strong 



LICENSED HOUSES. March 24>, 1832. 481 

liquors as aforesaid, he shall forfeit and pay the sum 
of twenty dollars for each oifence. 

Sec. 15. Be it further enacted. That all fines, Fines, forfeiiures 

^ ' and penalties 

forfeitures and penalties, created by this act, may be treated by this 

A -^ •' act, how recov- 

sued for and recovered in an action of debt, or of *^^^'^' 
the case, in any court of competent jurisdiction to 
try the same, by any person who will prosecute 
therefor, in which case the penalty, fine or forfeit- 
ure shall enure, one moiety thereof to the county 
where the offence was committed, and the other 
moiety to the person prosecuting for the same ; or 
the same may be prosecuted for and recovered by 
indictment in any court of competent jurisdiction, 
in which case the whole of the fines, forfeitures 
and penalties shall enure to the county where the 
offence was committed ; — and in all cases arising 
under this act in the city of Boston, (excepting 
where the fine, forfeiture or penalty exceeds twenty 
dollars,) the police court shall be held to be a court 
of competent jurisdiction ; and the prosecutions in 
said court shall be by complaint or information, 
subject to the right of appeal to the municipal 
court ; but the police court shall not have power 
under this act to sentence to imprisonment. Pro- 
vided, that in all cases where a person shall be con- ^^^^.-^^^ 
victed of a breach of this act, and is unable to pay 
the penalty, fine or forfeiture, or fails to do it, he 
may be imprisoned in the jail of the county where 
the offence was committed, for a term of time not 
more than ninety days, at the discretion of the 
court before whom trial has been had. J^i^ovided ^^^^^^^^^^^^^.-^^ 
further, that any licensed person described in this 
act, being twice convicted of any breach of it, shall 
thereupon, in addition to the penalties herein before 



482 LICENSED HOUSES. M«rc/i 24, 1832. 

provided, be liable to a further punishment of not 
more than ninety days imprisonment, in the jail of 
the county within which the offence w^as committed, 
at the discretion of the court before whom trial may 
be had. 
Former acts re- Sec. 16. Be it further €7iacted, That the act 
peaei. ^^^ ^^^ ^^^ regulation of licensed houses, passed on 

the twenty-eighth day of February, one thousand 
seven hundred and eighty-seven, and the several 
acts in addition thereto, and all former laws on the 
same subject, be and the same are hereby repealed. 
Proviso, Provided hoivever, that nothing herein contained 

shall affect any suit, indictment, or other legal pro- 
ceeding now commenced or pending, or that shall 
be hereafter commenced for any breach of the laws 
which are by this section repealed, nor the rights of 
any person now licensed, for the remainder of the 
term for which they are licensed. 

[Approved by the Governor, March 24, 1832.] 



PUNISH. OF CONVICTS. March 24, 1832. 483 



CHAP. CLXVn. 

An Act in addition to an Act relating to the Pun- 
ishment of Convicts who may be sentenced to 
solitary imprisonment and confinement to hard 
labor. 

Be it enacted by the Senate and House 
of Representatives m General Court assembled, and 

7 7 7 • /■ 7 rr<i • I 11 t Duly oflheover- 

OW the authority of the same, 1 hat it shall be the seers of houses 

of correclioa. 

duty oi the overseers of the several houses of cor- 
rection in this Commonwealth, to oversee the ex- 
ecution of all sentences of persons convicted of 
any offence, and which, by the judgment of any 
court of competent jurisdiction, are to be perform- 
ed and executed within the said house of correc- 
tion ; and all the duties of the sheriflf in relation to 
the execution of the sentences of convicts to be 
performed in the houses of correction in their re- 
spective counties, and as provided by the law of 
this Commonvv^ealth, passed on the nineteenth day 
of February, one thousand eight hundred and 
nineteen, entitled " an act relating to the punish- 
ment of convicts who may be sentenced to solitary 
imprisonment and confinement to hard labor," 
shall be done and performed by the overseers of 
said houses of correction ; and the said overseers 
shall have the same power and authority to control 
and govern the said convicts, as by said law is 
given to the sheriff. 

[Approved by the Governor, March 24, 1832.] 



484 CONGRESS. DISTRICTS. March 2A, 1832. 



CHAP. CLXVIII. 



An Act relating to the Congressional Districts of 
the Commonwealth. 

JtjE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That the operation of 
op'So" of '^n the act entitled " an act to divide the Common- 
commonwllilh*' Wealth into Districts for the choice of Representa- 
ihlVhoicl'of?;. tives in the Congress of the United States, and 
fhTcoigrirsof" prescribing the mode of election," passed the fif- 
stltesl'^^'^ teenth day of June, in the year of our Lord one 
thousand eight hundred and twenty-two, be, and 
the same is hereby extended to the third day of 
March next : Provided hoivever, that so much 
thereof as requires the choice of Representatives 
to Congress, to be made on the first Monday of 
November next, be, and the same is hereby re- 
pealed. 

[Approved by the Governor, March 24, 1832.] 



ELECT. OF PRESIDENT. March 2^, 1832. 483 



CHAP. CLXIX. 



An Act directing the mode of choosing Electors 
of President and Vice President of the United 
States. 



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

£• ^i 1^ IT- 'i-/"-! Notification of 

oi the several towns and districts in this Common- inhabitants, &c. 
wealth shall notify, in the manner prescribed by 
law for notifying town meetings, the inhabitants 
thereof, duly qualified to vote for representatives 
to the General Court of this Commonwealth, to 
assemble on the second Monday of November 
next, and give in their votes for the number of 
electors of president and vice president to which 
this Commonwealth may then be entitled, which 
electors shall be qualified according to the consti- 
tution of the United States ; and the names of all 
the electors to be then chosen shall be written or 
printed on each ticket or ballot, and every such 
ticket or ballot shall contain the name of at least 
one inhabitant of each of the several congressional 
districts, into which this Commonwealth shall then 
be divided, and against the name of each person, 
on every such ticket, shall be designated the con- 
gressional district to which he belongs ; and the 
selectmen shall preside at such meetings, and shall, 
in open town meeting, receive, sort, count and de- 
clare the votes given in, and the same shall be re- 
corded by the town and district clerks respective- 



486 ELECT. OF PRESIDENT. March24^, 1832. 

ly, and exact lists thereof shall be made and cer- 
tified by a majority of the selectmen, and the 
clerk, who shall deliver the same, sealed, to the 
sheriff of the county in which such election shall 
be held, within three days next after the day of 
such election, and the said sheriff shall transmit 
the same to the office of the secretary of this 
Commonwealtfe, within four days thereafter, or the 
selectmen or clerk may themselves transmit the 
same to the office of the said secretary, within 
seven days after the day of such election, and all 
votes not so returned shall be rejected ; and the 
Governor and Council shall open and examine the 
said returns, and count the votes, and the Governor 
►shall forthwith transmit to each person, who shall 
have received a majority of the votes so returned, 
a certificate of his election. 
Governor, by Sec. 2. Be it further euacted, That if, upon an 

proclamalion, • i • i ii 

may call the Ge- examiuatiou of the votes as aforesaid, it shall ap- 

neral Courl to- . r i y ^ i r i 

geihcr. pear that a majority of the whole number or elec- 

tors have not been chosen, in the manner herein 
before provided, it shall be the duty of the Gov- 
ernor, by proclamation, to call the General Court 
together forthwith, and the General Court, by joint 
ballot of the senators and representatives assem- 
bled in one room, shall choose as many electors as 
shall be necessary to complete the number of elec- 
tors to which this Commonwealth may then be en- 
titled. 

Sec. 3. Be it further enacted, That in the city 

iiow.nTnti.eciiy of Bostou, the Said election shall be holden, and 
the returns thereof made in conformity with the 
directions and provisions of " an act establishing 
the city of Boston," and the acts supplementary 
thereto. Provided, that such elections shall be 



of Boston. 



ELECT. OF PRESIDENT. March 2^, 1832. 487 

holden, and the returns thereof by the mayor and 
aldermen of said city be made, at and within the 
times herein before prescribed. 

Sec. 4. Be it further enacted, That the electors, 
so chosen, shall convene at the state house in the 
said city of Boston, on the Tuesday next preceding 
the first Wednesday of December next, at three of 
the clock in the afternoon, and in case of the 
death or absence of any elector so chosen, or in 
case the number of electors aforesaid shall, from 
any cause, be deficient, the electors then present, 
or a majority of them, shall forthwith elect from 
the citizens of this Commonwealth, so many per- 
sons as shall supply such deficiency ; and, on the 
said first Wednesday of December, all the said 
electors, convened as aforesaid, shall vote by ballot 
for one person for president and one person for 
vice president of the United States, one of whom 
at least shall not be an inhabitant of this Com- 
monwealth ; they shall name in their ballots the 
person voted for, as president, and, in distinct bal- 
lots, the person voted for as vice president ; and 
they shall make distinct lists of all persons voted 
for as president, and of all |)ersons voted for as 
vice president, and of the number of votes for 
each, which lists they shall sign and certify, and 
transmit sealed to the seat of the government of the 
United States, directed to the president of the 
senate, and in all respects shall proceed, and con- 
duct conformably to the constitution of the United 
States, and the laws in this behalf provided ; and 
the said electors shall receive such compensation 
lor their travel and attendance, as the members of 
the General Court o( this Comn:ionvvealtli are en- 
titled to receive ; and all laws now in force, in re- 

62 



488 WARREN BRIDGE COR. MarcA 24, 1832. 

lation to the duties of sheriffs, town officers, and 
voters, in the election of Governor, Counsellors, 
Senators, and Representatives, shall, as far 8S the 
same are applicable, apply and be in force, in re- 
gard to the nneetings and elections to be holden, 
and the returns to be made, under this act. And 
like penalties shall be incurred for a violation 
thereof. 

Governor lo Sec. 5. Be it further enacted, That His Ex- 

make proclama- ^ 

tion. cellency the Governor be, and he is hereby au- 

thorized and requested to make proclamation, 
on or before the first of October next, by and with 
the advice and consent of the Council, of the num- 
ber of electors to which the Commonwealth may 
then by law be entitled. 

[Approved by the Governor, March 24, 1832.] 



CHAP. CLXX. 

An Act in addition to " An Act to establish the 
Warren Bridge Corporation." 

13 E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That the toll now 
established by law for passing; Warren bridge, across 

Toll now estab- . -^ ^ = . • j j 

lished continued Charlcs rivcr, be, and hereby is contniued and es- 

until tlie last day , "r i f • r 

of the first ses- tablished until the last day of the first session of the 

sion of the next '' 

general court, ncxt General Court; and when the present proprie- 
tors shall have been reimbursed the money and 



WARREN BRIDGE COR. March 24>, 1832. 489 

sums of money to which they are entitled, 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 col- 
lect 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 ad- 
visable : Provided however, 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- 

[Approved by the Governor, March 24, 1 832.] 



(Stommontoealtii of M^^^^f^vi^tttn. 



SECRETARY'S OFFICE, MAY 14, 1832. 

I HEREBY CERTIFY, that I havc Compared the 
printed copy of Acts contained in this Pamphlet 
with the Original Acts passed by the Legislature in 
January, February, and March last, and find the 
same to be correct. 

EDWARD D. BANGS, 
Secretary of the Commonwealth. 



LAWS 



^ontniontocjiltlj of J^jrsjsacfjttscttf^, 



PASSED BY THE GENERAL COURT, 



AT THEIR SESSION, WHICH COMMENCED ON WEDNESDAY, THE SECOND 
OF JANUARY, AND ENDED ON THURSDAY, THE TWENTY- 
EIGHTH OF MARCH, ONE THOUSAND EIGHT HUNDRED 
AND THIRTY-THREE. 



CHAP. I. 



An Act Ui addition to " an Act concerning the State ' 
Lunatic Hospital." 

Sec. L Be ?/ enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same. That when the Gover- Governor au- 

" ./ ./ Inonzed to pro- 

nor shall issue his Proclamation, makinsj known that ^i^ie for the re- 

' ^ tnoval of insane 

the State Lunatic Hospital is prepared for the re- persons, &c. 
ception of insane persons, he be, and hereby is, 
authorized therein, to prescribe and direct in what 



tees 



494 LOWELL BLEACHERY. Jan. 18, 1833. 

order and succession, at what times, and in what 
state of preparation, as to cleanliness and clothing, 
the insane persons confined in jails and houses of 
correction shall be removed to said Hospital, ac- 
cording to the provisions of the Third Section of 
the Act to which this is an addition ; and that no 
insane persons shall be removed to said Hospital 
from any jail or house of correction, before the time 
in said Proclamation prescribed for such removal 
therefrom ; and that the clothing which shall thus 
be prescribed for said insane persons shall be paid 
for, (if not otherwise furnished,) by the several 
counties in which those persons are confined. 
Powers of Trus- Sec. 2. Be it further' enacted, That the Trus- 
tees of said Hospital shall, in all cases whatsoever, 
of the commitment of insane persons to said Hospi- 
tal, under any process authorized by law, have the 
same powers which are conferred on them in the 
cases mentioned in the Fourth Section of the Act 
to which this is in addition. 

[Approved by the Governor, January 12, 1833,] 



CHAP. H. 

An Act to Incorporate the Lowell Bleachery. 

Sec. 1. jlilij it enacted by the Senate and House 
of Representatives in General Court assembled, and 
Perwns incorpo- jjy fjig authority of the same, That Jonathan Derby, 
John Clark, and Augustus H. Fiske, their associates, 
successors and assigns be, and they hereby are made 
a Corporation by the name of the " Lowell Bleach- 



NATIONAL INSURANCE CO. Jan. 21, 1833. 495 

ery," 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 powers and privi- 
leges, and be subject to all the duties and require- 
ments 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. 

Sec. 2. Be it further enacted, That the said J^j^J^^;'^^ /*"<"•- 
corporation may lawfully be seized and possessed 
of such real estate, not exceeding the value of fifty 
thousand dollars, and such personal estate, not 
exceeding the value of one hundred thousand dol- 
lars, as may be necessary and convenient for the 
purposes aforesaid. 

[Approved by the Governor, January 18, 1833.] 



CHAP. in. 

An Act giving additional powers to the National 
Insurance Company, in Boston. 

JlJE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That, from and after Additional pow- 
the passage of this act, the National Insurance 
Company, in Boston, in addition to the powers 
which it now has, shall have authority to take and 
insure against marine risks, and for this purpose 



496 PROTECTION INS. CO. Jan. 21, 1833. 

said company shall have all the powers and privi- 
leges 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, entitled 
*' an act to define the powers, duties and restric- 
tions of insurance companies," and in an act passed 
on the sixth day of February, 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." 

[Approved by the Governor, January 21, 1833.] 



CHAP. IV. 

An Act in addition to " An Act to Incorporate the 
Protection Insurance Company." 

Sec. 1. JJE it enacted by the Senate and House 
of Representatives in General Court assembled, and 

TcTre^'Lkd'"^' % the authority of the same, That the second Sec- 
tion of said Act be, and the same is hereby repealed. 

capiiai stock. Sec. 2. Be it further enacted, That the capital 

stock of said company shall be two hundred thou- 
sand dollars, and shall be divided into shares of one 
hundred dollars each, one hundred and fifty thousand 
dollars of which shall be paid in money, within sixty 
days after the first meeting of said company, and 
the remaining fifty thousand dollars within one year 



BOST. & PROV. R. ROAD COR. Jan. 23, 1833. 497 

from the twentieth day of January current, in such 
instalments, and under such penalties as the Presi- 
dent 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 addition shall not 
have been complied with in one year from the last 
named date, both of the same shall be void. 

[Approved by the Governor, January 21, 1833.] 



CHAP. V. 

An Act in addition to " An Act to incorporate the 
Boston and Providence Rail Road Corporation." 

Sec. 1. JlJE it enacted by the Senate and House 
of Representatives in General Court assembled^ and 
by the authority of the sarne, That the time for Annual meeting, 
holding the annual meeting of the 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. 

Sec. 2. Be it further enacted, That all persons Original subscri- 
who were originally subscribers to the stock of said presematives lia- 

, . , , . ble for all assess- 

corporation, or their legal representatives, and any mems while 

, I /. 11 siockholderi. 

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 



498 BOST. k PROV. R. ROAD COR. Jan, 23, 1833. 

to issue certificates, shall be considered as subscribers 
within the meaning of the original act of incorpo- 
ration, and shall be liable for all assessments made 
on their shares while they shall continue to be 
stockholders. 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. 
May apply to Sec. 3. Be it further enacted, That in case the 

county comtnis- ^ ^ 

sioners to esti- said corporation shall not be able to obtain the land 

mate damages ■*• 

o<=casK)ned by which they may take 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 upon this subject at the next regu- 
lar meeting of said commissioners. And no appli- 
cation 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. 

Part of former Sec. 4. Be it further enacted, That every thin? 

act repealed. «^ ^ o 

contained in the original act of incorporation incon- 
sistent with the provisions of this act, be and the 
same hereby is repealed. 

[Approved by the Governor, January 23, 1833.] 



PITTSF. COTTON MILLS. Jan.2S, 1833. 499 



CHAP. y\. 



An Act to incorporate the " Pittsfield Cotton Mills." 

Sec. \. J3E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, Thnt Samuel M. Mc persons incorpo- 
Kay, Curtis T. Fenn, Enoch White, and Ebenezer "^^'^ " ' 
White, their associates, successors and assigns, be, 
and they hereby are made a corporation by the 
name of the " Pittsfield Cotton Mills," for the pur- 
pose of manufacturing cotton and woollen goods 
and machinery in the town of Pittsfield in the Coun- 
ty of Berkshire, and for this purpose shall have all 
the powers and privileges, and be 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 general powers and 
duties of manufacturing corporations." 

Sec. 2. Be it further enacted, That the capital Capital stock, 
stock of said corporation shall not exceed the sum 
of two hundred thousand dollars, and that said cor- 
poration may be lawfully seized and possessed of 
such real estate as may be necessary and conveni- 
ent for the purpose aforesaid, not exceeding in val- 
ue the sum of seventy five thousand dollars. 

[Approved by the Governor, January 23, 1833.] 



64 



500 MIDDLESEX PAPER MAN. Jan. 23, 1833. 



CHAP. VII. 

An Act to incorporate the Middlesex Paper Manu- 
factory. 

Sec. 1. Be ti enacted by the Senate and House 
of Representatives in General Court assembled, and 

roS"' '"*'*'''''" % ^'^^ authority of the same, That William Hilliard, 
Charles C. Little, Nathan Hale, Eliab W. Metcalf, 
Lemuel Shattuck, and James Brown, 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 Middlesex Paper Manufacturing 
Company, for the purpose of manufacturing paper 
in the town of Lowell, in the county of Middlesex, 
and for this purpose shall have all the 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 duties of man- 
ufacturing corporations." 

Capital Slock. Sec. 2. Be it further enacted, That the capital 

stock of said corporation shall not exceed the sum 
of one hundred thousand dollars, and that the said 
corporation may be lawfully seized and possessed of 
such real estate as may be necessary and conve- 
nient for the purposes aforesaid, not exceeding the 
value of fifty thousand dollars. 

[Approved by the Governoi, January 23, 1833.] 



LYNN FIRE INS. CO. Jan. 23, 1833. 601 



CHAP. VIII. 

An Act to incorporate the Lynn Mechanics Fire 
and Marine Insurance Company. 

Sec. 1. J3E «7 enacted by the Senate and House 
of Representatives in General Court assembled, and 
bij the authority of the same, That Isaiah Breed, Persons incorpo- 
Micajah C. Pratt, Daniel Breed, Francis S. New- 
hall, their associates, successors and assigns, be, and 
they are hereby incorporated and made a body poli- 
tic by the name of the " Lynn Mechanics Fire and 
Marine Insurance Company," for the purpose of 
making loans, and insurance against fire and mari- 
time 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 restrictions of insu- 
rance companies," passed on the sixteenth day of 
February, in the year of our Lord, one thousand 
eight hundred and eighteen, and in an act in addi- 
tion 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 compa- 
nies," for and during the term of twenty years from 
and after the passing of this act, and, by the name 
aforesaid, they may sue and be sued, plead and be 
impleaded, appear, prosecute and defend to final 
judgment and execution, and they may have a com- 
mon seal, which they may alter at pleasure, and 
they may purchase, hold and convey any estate real 
or personal, for tlie use of said company. Provided, 



602 LYNN FIRE INS. CO. Jan. 23, 1833. 

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 security for 
money due to said company. 

Capital Stock. Sec. 2. Be it further enacted, That the capital 
stock of said company shall be fifty thousand dol- 
lars, and shall be divided into shares of 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 com- 
pany shall order and appoint. 

Sec. 3. Be it further enacted, That said com- 
pany shall at no time take any one risk by way of 
a policy of insurance, maritime loan or otherwise, to 
a greater amount than seven per cent, on their capi- 
tal actually paid in. And at all elections no one 
stockholder shall be allowed more than ten votes. 

Location. Sec. 4. Be it further enacted. That the Lynn 

Mechanics Fire and Marine Insurance Company 
shall be located in the town of Lynn. 

[Approved by the Governor, January 23, 1833.] 



Riski. 



POOR CONVICTS. Jan. 24, 1833. 503 



CHAP. IX. 



An Act for the Relief of Poor Convicts. 



Sec. 1. iS'Ea it enacted hy the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That any two Justices Justices of Peace 

/. , I T^ 1 r- I I 11 1 r 1 authorized lo lib- 

01 the reace, each or whom shall be ot the quorum, crate poor con- 
in any county of the Commonwealth except the 
County of Suffolk, be, and they hereby are author- 
ized to liberate from prison any poor convict within 
the county for which they are commissioned, when 
it shall be made to appear to them that said convict 
has continued in prison for the term of three months 
for fine and costs only, and that he or she stands 
committed for no other cause, and has no estate real 
or personal, wherewith to discharge said sentence ; 
and they are hereby empowered to issue their order 
to the Sheriff of such county to that effect. 

vSec. 2. Be it further enacted, That the statute Repeal of statute 
of seventeen hundred and ninety-nine, chapter seven, ° ' 
and the several acts in addition thereto be. and the 
same are hereby repealed. 

[Approved by the Governor, January 24, 1833.] 



504 GOODALE ACADEMY. Jan. 24, 1833. 



CHAP, X. 

An Act to incorporate the Goodale Academy. 

Sec. 1. j3E it eriacted by the Senate and House 
of Representatives in General Court assembled, and 

fa'T' '"'°''''*' ^y ihe autlwrity of the same, That Job Goodale, 
George Grennell, Jr., Amariah Chandler, Benjamin 
Fowler, Josiah W. Canning, P. L. Cushman, Zebi- 
na C. Newcomb, John Brooks, Joseph Slate, E. W. 
Carpenter, Samuel W. Chapin, Ralph Cushman, 
and Lyman Griswold, their associates and succes- 
sors be, and they hereby are incorporated as the 
Trustees of Goodale Academy, in the town of Ber- 
nardston and county of Franklin, with power to 
hold real and personal estate, not exceeding in val- 
ue twenty thousand dollars, to be devoted exclu- 
sively to the purposes of education. And said cor- 
poration shall have all the powers usually incident 
to similar corporations, and may make all necessary 
by-laws, not repugnant to the laws of this Com- 
monwealth. 

First meeting. Sec. 2. Be it further enacted, That any two of 
the persons named in this act may call the first 
meeting of said corporation, by giving notice seven 
days at least previously thereto, in any newspaper 
printed in the county of Franklin. 

[Approved by the Governor, January 24, 1833.] 



NANTUCKET STEAM BOAT CO. Jaii.lQ, 1833. 505 

CHAP. XI. 

An Act to incorporate the Nantucket Steam Boat 
Company. 

Sec. 1 . J3E t7 enacted by the Seriate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Aaron Mitchell, J^^^'j^"" '"*=«'p°" 
Philip H. Folger, George B. Upton, Thomas Macy 
and Nathaniel Barney, their associates, successors 
and assigns, be, and they hereby are made a body 
corporate, by the name of the Nantucket Steam 
Boat Company, for the purpose of running a Steam 
Boat, and two other vessels not exceeding seventy- 
five tons each, for the convenience of the public 
travel and the transportation of merchandize between 
Nantucket and New Bedford and the intervening 
places, 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 incident to corporations, according to the 
laws of this Commonwealth and the provisions in 
this act contained. 

Sec. 2. Be it further enacted. That said com- Zealand persou- 

"^ al estate. 

pany may lawfully purchase, hold and convey real 
estate, not exceeding the value of ten thousand 
dollars, and personal estate not exceeding the value 
of sixty thousand dollars. 

Sec. 3. Be it further enacted^ That the stock shares. 
of said company shall be divided into shares of 
twenty-five dollars each, and the number of shares 
in said corporation may be increased to an amount 
not exceeding the value of the real and personal 
estate which by this act said corporation is author- 



606 



NANTUCKET STEAM BOAT CO. Jan. 26, 1 833. 



Choice 
cers. 



of Offi' 



Assessments. 



First meetiiif 



ized to hold, whenever said corporation may deem 
it expedient, and the shares therein shall he deemed 
personal estate, and shall be subject to attachment 
and sale in like manner as the shares of debtors in 
other corporations. 

Sec. 4. Be it further enacted, That the stock- 
holders of said company, at a meeting legally warned 
for that purpose, may choose such number of direc- 
tors as they may deem necessary, and a secretary 
and treasurer, all which officers shall annually be 
chosen. And the directors of said corporation 
shall choose one of their number who shall be 
President of the corporation ; 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 respec- 
tive officers, as they may deem fit, not repugnant to 
the constitution and laws of this Commonwealth. 

Sec. 5. Be it further enacted, That said cor- 
poration shall have power to assess on the several 
members thereof, from time to time, such sums of 
money as they may deem necessary to effisct 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. 

Sec. 6. Be it further enacted, That any one of 
the aforesaid 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. 



[Approved by the Governor, January 26, 1833.] 



WESTMINSTER ACADEMY. Jan. 30, 1833. 507 



CHAP. XII, 



All Act to incorporate the Westminster Academy. 

Sec. 1. ijE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Cyrus Mann, Persons incorpo- 
Joseph Chickering, David Brigham, Joseph G. Ken- 
dall, Alonzo Phillips, Sumner Lincoln, Flavell Cut- 
ting, Samuel Gay, John A. Albro, Ebenezer Perkins 
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 exceeding in value 
five thousand dollars, and personal estate not ex- 
ceeding in value ten 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. 

Sec. 2. Be it further enacted^ That any two of Firsi meeting. 
the persons named in this act, may call the first 
meeting of said corporation by giving personal notice 
thereof, ten days previous to the time of said 
meeting. 

[Approved by the Governor, January 30, 1833.] 



65 



508 LOWELL PAPER MILLS. Jan, 30, 1833. 



CHAP. XilL 



An Act to incorporate the Lowell Paper Mills. 

Sec. 1. I3E it enacted by the Senate and House 
of Representatives in General Court assembled, and 

Persons incorpo- l)y tJie authority of the suvie, That Benjamin Loring, 
Samuel Lawrence, James Cook, Joseph A. Cham- 
berlain, W. W. Stone, BenjaQiin Perkins, and T. 
R. Marvin, their associates, successors and assigns, 
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 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 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." 

Capital slock. §£€. 2. Be it further enacted, That the capital 
stock of said corporation shall not exceed the sum 
of one hundred thousand dollars, and that the said 
corporation may be lawfully seized and possessed 
of such real estate as may be necessary and conve- 
nient for the purposes aforesaid, not exceeding the 
value of fifty thousand dollars. 

[Approved by the Governor, January 30, 1833.] 



CENTRALVILLE MAN. COM. /«n. 30, 1833. 509 



CHAP. XIV. 

An Act to incorporate the Centralville Cotton and 
Woollen Manufacturing Company. 

Sec. 1. I3E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That David Lester and Persons incorpo- 
Amos Avery, Jr. their associates, successors and 
assigns, be, and they are hereby made a corporation 
by the name of the Centralville Cotton and Woollen 
Manufacturing Company, for the purpose of manu- 
facturing cotton and woollen goods in the town of 
Stockbridge, in the county of Berkshire, 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 manufacturing corporations." 

Sec. 2. Be it further enacted, That the said f^'^^Jj^l'^^/^''"" 
corporation may take and hold such real estate, not 
exceeding in value the sum of sixty thousand dollars, 
and such personal estate, not exceeding in value the 
sum of ninety thousand dollars, as may be suitable 
and convenient for carrying on the manufactures 
aforesaid. 

[Approved by the Governor, January 30, 1833.] 



510 SHARON, &c. DIV. LINE. Jan, 30, 1833. 



CHAP. XV. 

An Act establishing the Dividing Line between the 
towns of Sharon and Foxborough. in the County 
of Norfolk. 

j3E i7 enacted by the Senate and House 

of Representatives in General Court assembled, and 

Dividing line es- 5i/ tlw aullioritv of tlic samc. That the following 

tablished. '^ . ., ,..,. 

described line be in future established as the dividing 
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 forty-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 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 Foxborough, shall be annexed to Sharon. 

[Approved by the Governor, January 30, 1833.] 



SOUTH COVE COR. Jan. 31, 1833. 511 



CHAP. XVI. 



An 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 landinji; or Landing place 

•^ mJ -y ^ a disconlinued. 

loading place on a piece of uninclosed land situated 
in the town of Hingham, and bounded easterly on 
Laban Hearsej's homestead, southerly on Summer 
street, and westerly on Hingham harbor, be, and 
the same is hereby discontinued. 

[Approved by the Governor, January 30, 1833.] 



CHAP. XVII. 

An Act to establish the South Cove Corporation. 

vSec. 1. 1>E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That John Welles, Persons incorpo- 
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, prosecute and be pros- 
ecuted, 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. 



512 SOUTH COVE COR. Jan. 3\, 1833. 

make, ordain and establish all such bj-laws, rules 
and regulations, as they shall deem expedient and 
useful to carry into effect the objects of this corpo- 
ration, Provided 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 
exceeding in value one million of dollars, and per- 
sonal 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. 
Corporation may Sec. 2. Be it furt/icr encicted, That said corpo- 

l)old and possess ,• iiii ^ i 111 t 

land, &,c. ration shall have power to purchase, hold and pos- 

sess any part or all the land, wharves and flats, with 
the buildings and other improvements thereon stand- 
ing, 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 
corporate 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. 

Number of ^^c. 3. Be it further enacted, That the stock 

and property of said corporation shall be divided 
into not less than eight hundred nor more than 
twelve hundred shares, certificates of which shall 
be issued under the seal of the corporation, and be 
signed by the })residcnt and treasurer thereof, and 
said shares shall bo deemed and taken to be personal 



shares. 



SOUTH COVE COR. Jan.S\, 1833. 513 

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. 

Sec. 4. Be it further enacted^ That the real Real estate liable 
estate and property of said corporation shall be liable 
to be attached on mesne process, and be set off and 
sold on execution against the corporation, in the 
same manner as the property or estate of individuals 
is by law subject to mesne or final process. 

Sec. 5. Be it further enacted, That the imme- Directors. 
diate government and direction of the affairs of said 
corporation shall be 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 faithful discharge of his duty, 
and a treasurer, who shall give bonds to the corpo- 
ration, 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 aforesaid, 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 pur- 
chase, sale, and transfer of real estate. 



514 SOUTH COVE COR. Jan. S\, 1833. 



Location. 



Sec. 6. Be it further enacted, That the presi- 
dent and directors of said corporation for the time 
being, shall have power, and they are hereby author- 
ized to take such measures as they may deem 
expedient, to ))rocure 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 between Sea street and Front street, 
as shall be necessary for depots, 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 afore- 
said, 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 contiguous thereto, for the use and 
benefit of said corporation. And should said streets, 
in the course tliereof, cross any land not embraced 
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 esti- 
mated 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 advantages to be derived from 
the location and final termination of said rail roads, 
or either of them, upon the lands aforesaid, said 
corporation may give, in the nature of a bonus to 



SOUTH COVE COR. Jan. 31, 1833. 515 

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 accommodations, 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 agreements 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. 

Sec. 7. Be it further enacted, That should it be Water communi- 
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 corpora- 
tion shall leave an opening through such sea-wall 
or streets near the Free Bridge, sufficiently capa- 
cious to preserve the usual flow of the tide waters 
in said cove and the passage of vessels to said es- 
tates. And said cor[)oration shall construct suita- 
ble and convenient draws over the same, which shall, 
in all respects, be well adapted lo 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 accommoda- 
tion of all persons passing through and over the 
same ; and for any neglect so to do, said corpora- 
tion shall bq liolden to pay reasonable damage, which 
may be recovered by an action on the case, before 
66 



516 



SOUTH COVE COR. 



Jan. 31, 1833. 



General landing 
place. 



Assessments. 



First meeting. 



any tribunal competent to hear and determine the 
same. 

Sec. 8. Be it further enacted, That said Cor- 
poration 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 wharfage in the city of Boston, 
for the use and privilege of landing thereon. 

Sec. 9. Be it further enacted^ That the directors 
of said corporation may make such equal assess- 
ments 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 of any share shall neglect or refuse to pay 
any assessment, for the space of thirty days from 
the time the same shall have been 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 transfer- 
red to the purchaser ; and said delinquent proprie- 
tor 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 as- 
sessment due with the interest and cost of sale : 
Provided, however, that no assessments shall be laid 
on any share in said corporation of a greater amount 
in the whole, than five hundred dollars on each 
share. 

Sec. 10. Be it further enacted That either of the 



common sewers. 



SOUTH COVE COR. Jan. 31, 1833. 517 

persons named in the first section of this act, may 
call the first meeting of said corporation, by adver- 
tising said meeting, three times previously in any 
newspaper printed in Boston : And the corporation 
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 direct- 
ors by ballot ; each jiroprietor being entitled to as 
many votes as he may hold shares in said corpora- 
tion. Members may vote by proxy in writing. 

Sec. 11. Be it further enacted, That said corpo- Drains and 
ration shall be holden to extend and carry out all 
drains and common sewers which have their pre- 
sent 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 corpora- 
tion shall be further bolden 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. 

Sec. 12. Be it further enacted, That all the Members. 
members of a certain joint-stock company, called 
" The South Cove Company," are hereby consti- 
tuted and made members of this corporation in 



518 SOUTH COVE COR. Jan. 31, 1833. 

conformity with certain principles and provisions, 
contained in an instrument creating and establish- 
ing said company, and bearing the signatures of its 
several members : and, as stockholders in said 
company, they shall severally be entitled to corres- 
ponding amounts of stock in this corporation, and 
shall be subject to all the provisions contained in 
said instrument, and the by-laws of this corpora- 
tion 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. 
, , Sec. 13. Be it further enacted, That before any 

Plan to be depo- ^ 

sited with mayor street or strccts which may be laid out and made 

and aldermen. •' 

by said corporation upon the lands and fiats afore- 
said, shall be extended across the lands of any indi- 
vidual or corporation, to communicate with any of 
the existing streets in that vicinity, said corpora- 
tion shall deposit a [)lan with the mayor and alder- 
men 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 expedi- 
ent, 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 provi- 
sions 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 



NEW BEDFORD MEC. ASS. Feh. 4, 1333. 519 

such street or streets in manner aforesaid. And if 
upon such hearing, said mayor and aldermen shall 
bo of opinion that the public necessity and conve- 
nience require the extension of such street or 
streets, they shall have power to authorize the ex- 
tension thereof. And all streets so authorized shall 
be taken and deemed to be public highways. 

Sec. 14. Be it further enacted, T\\diiX\\\s'dct s\\?\\ 
continue in force forty years from the passing thereof. 

[Approved by the Governor, January 31, 1833.] 



CHAP. XVIII. 



An Act to incorporate the New Bedford Mechanics 
Association. 

Sec. 1. a^ it enacted hy the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Barzillai Luce, Persons incorpo 
Oliver Swain, J. G. Harris, citizens of New Bed- '^^ 
ford, 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 regulations, not repugnant to the constitu- 
tion and laws of the Commonwealth, as to them 
may seem necessary and convenient for the govern- 
ment of said corporation, and the ])rudent manage- 
ment of their property. 



520 



NEW BEDFORD MEC. ASS. 



Feb. 4, 1833. 



Real and person- 
al estate. 



Shares. 



First meeting. 



Sec. 2. Be it further enacted, That the said 
corporation may be lawfully seized and possessed of 
such real and personal estate, not exceeding thirty 
thousand dollars in value, as may enable them to 
erect and maintain, in the town of New Bedford, a 
public edifice, which may contain a convenient lec- 
ture room, hall or halls suitable for the accommoda- 
tion of public assemblies of the citizens, apartments 
suitable for mechanics', libraries, reading rooms, 
and schools of instruction in mechanic science and 
arts, and for any other purpose not incompatible 
with the laws of the Commonwealth, and tending 
to promote morals and mental culture. 

Sec. 3. Be it further enacted, That the estate 
of said corporation may be divided into shares, and 
the same transferred by certificate, as personal 
property, agreeably to the by-laws of said corpora- 
tion. 

Sec. 4. Be it further enacted, That any two of 
the persons named in this act may convene the first 
meeting of said corporation, by publishing a notice 
of the time and place thereof in any of the newspa- 
pers established in the town of New Bedford, ten 
days at least previously thereto, at which meeting, 
and at adjournments of the same, said corporation 
shall complete their organization and make their by- 
laws. 



[Approved by the Governor, February 4, 1833.] 



LAND IN HARDWICK. Feb. 6, 1833. 521 



CHAP. XIX. 

An Act to annex a gore of Land to the town of 
Hard wick. 

.Be it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That the gore of land Boundary line 

1 1 1 r \ r n 1 established. 

lying at the southeasterly part or the town ot Hard- 
wick, and adjoining said town, called Hardwick 
Gore, containing about two hundred acres, and de- 
scribed 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 degrees west, two hundred and eighty-nine 
rods, to another stone monument, at the southwest 
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 Plardwick, thence 
sixty-one rods to the place of beginning, together 
with the inhabitants 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. 

[Approved by the Governor, February 6, 1833.] 



522 UNION FIRE & MAR. INS. CO. Feh. 6, 1833. 



CHAP. XX. 



An Act to incorporate the Union Fire and Marine 
Insurance Company, in the town of Lynn. 

Sec. 1. J3E i7 enacted by the Senate and House 
of Representatives, in General Court assembled, and 
Jaied"^ '"^"""P"" by the authority of the same, That Henry A. Breed, 
William Chase, Caleb Wiley, Samuel T. Huse, and 
Jeremiah C. Stickney, their associates, successors 
and assigns, be, and they are hereby incorporated 
and made a body politic, by the name of the " Union 
Fire and Marine Insurance Company, in the town 
of Lynn," for the purpose of making loans and in- 
surance against fire and 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 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 impleaded, appear, prosecute and 
defend to final judgment and execution, and they 
may have a common seal, which they may alter at 
pleasure, and th(^y may purchase, hold and convey 
any estate, real or personal, for the use of said Com- 



HOUSATONIC MAN. CO. Feb. 6, 1833. btS 

panj, 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 security 
for money due to said company. 

Sec. 2. Be it further enacted, That the capital Capiiai stock, 
stock of said company shall be fifty thousand dol- 
lars, 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 com- 
pany shall order and appoint. 

Sec. 3. Be it further enacted, That said com- i^'s^s- 
pany shall at no time take any one risk by way of 
a policy of insurance, maritime loan, or otherwise, to 
a greater amount than seven per cent, on their capital 
actually paid in. And at all elections, no one stock- 
holder shall be allovved more than ten votes. 

Sec. 4. Be it further enacted, That the Union Location. 
Fire and Marine Insurance Company, shall be loca- 
ted in the town of Lynn. 

[Approved by the Governor, February 6, 1833.] 



CHAP. XXI. 

An Act to incorporate the Housatonic Manufactur- 
ing Company. 

Sec. 1 . _oE i7 enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Sprowell Dean, ^^^^^^^ mcorpo- 
and Perley D. Whitmore, their associates, success- 
ors and assigns, be, and they are hereby made a 
67 



524 TURNPIKE CORPORATIONS. Feb, 6, 1833. 

corporation, by the name of the Housatonic Man- 
ufacturing Company, for the purpose of manufac- 
turing cotton yarn and cotton cloth, in the town 
of Great Barrington, in the county of Berkshire, 
and for this purpose shall have all the 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 duties of man- 
ufacturing corporations," 
Real and person- ^^.Q. 2. Be it further enacted. That said corpo- 

al estate. '^ ' 

ration may lawfully hold and possess such real es- 
tate, not exceeding fifty thousand dollars, and such 
personal estate, not exceeding one hundred thou- 
sand dollars, as may be necessary and convenient 
for the purposes aforesaid. 

[Approved by the Governor, February 6, 1833.] 



CHAP. XXII. 



An Act in addition to " An Act defining the general 
powers and duties of Turnpike Corporations." 

j>E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
Directors may by the authority of the same. That whenever by ac- 
cident, or other cause, any regular meeting of any 
turnpike corporation, heretofore established, or 
which may be hereafter established, may have 
been, or shall hereafter be omitted, so that no 



call meeting. 



ROXBURY INDIA RUBBER CO. Feb. 11, 1833. 525 

meeting can be called according to the by-laws of 
such corporation, a major part of the persons last 
chosen directors of said corporation, may call a 
meeting thereof, by warrant under their hands, 
published in the manner provided for calling the 
first meetings of such corporations, and, at such 
meeting any business may be transacted which 
might be done at a meeting held according to the 
by-laws. 

[Approved by the Governor, February 6, 1833.] 



CHAP. XXIII. 

An Act to incorporate the Roxbury India Rubber 

Factory. 

Sec. 1. fjE it enacted by the Senate and House 
of Representatives in General Court assembled^ and 
by the authority of the same, That Lemuel Blake, J'^'^'!"'sincorpo- 
Luke Baldwin, Edwin M. Chaffee, and Charles 
Davis Jr., together with such other persons as may 
become associates with them, their successors and 
assigns, be, and they hereby are created a body cor- 
porate, by the name of the Roxbury India Rubber 
Factory, for the purpose of manufacturing, at Roxbu- 
ry, in the county of Norfolk, india rubber cloth 
and leather, and other india rubber goods, and 
for this purpose shall have all the powers and privi- 
leges, and shall be subject to all the duties and re- 
quirements 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 



526 BAPT. SOC. IN WESTPORT. Feb. 11,1833. 

thirty, entitled " an act defining the general powers 
and duties of manufacturing corporations." 
S'e^stat"*^''""'""* Sec. 2. Be it further enacted, That the said cor- 
poration may take and hold such real estate at said 
Roxbury, not exceeding in value the sum of five 
thousand dollars, and such personal estate not ex- 
ceeding in value twenty five thousand dollars, as 
may be suitable for carrying on the manufacture 
aforesaid. 

[Approved by the Governor, February 11, 1833.] 



porated. 



CHAP. XXIV. 

An Act to incorporate the First Christian Baptist 
Society in Westport. 

Sec. 1. Be it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the 5ame, That Howland Tripp, 
Persons incor- Benjamin Tripp, and Jonathan Booth, together with 
such other persons as may hereafter associate with 
them, and their successors, be, and they hereby are 
incorporated as a religious society, by the name of 
the First Christian Baptist Society in Westport, 
with all the privileges, powers and immunities, and 
subject to all the duties and liabilities to which par- 
ishes and other religious societies are entitled and 
subjected by the constitution and laws of this Com- 
monwealth. 

Sec. 2. Be it further enacted, That said society 
may hold by grant, gift, devise, purchase, or other- 



LYCOMING COAL CO. Feb. 11, 1833. 527 

wise, real and personal estate to any amount, not 
exceeding ten thousand dollars, for the use of said 
society. 

Sec. 3. Be it further enacted, That any three of 
the persons named in this act may call the first 
meeting of said society, by giving fourteen days pub- 
lic notice of the time and place of holding the same, 
by posting notification thereof on the door of the 
meeting house of said society. 

[Approved by the Governor, February 11, 1833.] 



CHAP. XXV. 

An Act to incorporate the Lycoming Coal Com- 
pany. 

Sec. 1. J3E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Thomas H. Per- Persons incorpo- 
kins, Edmund Dvvight, Patrick T. Jackson, George 
W. Lyman, William Lyman, Elihu Chauncy, Tho- 
mas J. Biddle, William B. Farrand, and their asso- 
ciates, successors and assigns, be, and they hereby 
are made a corporation, by the name of the Lycom- 
ing Coal Company, for the purpose of digging and 
vending coals, and shall have all the powers and pri- 
vileges, and be subject to all the duties and require- 
ments contained in an act passed the twenty third 
day of February, in the year of our Lord one thou- 
sand eight hundred and thirty, entitled " an act 
defining the general powers and duties of manufac- 
turing corporations." 



528 TOWN OF HOLLTSTON, Feb. 11, 1833. 

Real and person- Sec. 2. Be it further enacted, That the said cor- 
a estate. poratioii may lawfully hold such 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. 
ceriificates. ggj.^ Q ^^ ^( further enacted, That the certifi- 

cates respecting 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 corpo- 
ration, and shall be filed and recorded in the regis- 
try of deeds for the county of Suffolk, and in the 
county where the major part of the real estate be- 
longing to the corporation may be situated, and the 
first meeting of said corporation shall be held in 
Boston, at such time and place as shall be appoint- 
ed 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 time of meeting. 

[Approved by the Governor, February 11, 1833.] 



CHAP. XXVI. 



An Act to set off a part 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 

Sbi£7^'"*^^ % the authority of the same, That all that part of 



DYER P. BOOK MAN. CO. Feb. 11, 1833. 529 

the town of Holliston, in the county of Middlesex, 
which lies northerly of the line hereinafter men- 
tioned, be annexed to, and become a part of the , 
town of Framingham. 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 paper 
mill, and thence run south eighty-nine degrees east, 
about one hundred and fifty rods, to a stone bound- 
ary on land of Elias Grout, on the line between said 
towns. 

[Approved by the Governor, February 11, 1833.] 



CHAP. XXVII. 

An Act to incorporate the " Dyer Pocket Book 
Manufacturing Company." 

Sec. 1. JjE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That James Dyer, Persons incorpo- 
John Marsh, and Andrew J. Allen, together with 
such other persons as may hereafter associate with 
them, their successors and assigns, be, and they 
hereby are made a corporation, by the name of the 
*' Dyer Pocket Book Manufacturing Company," for 
the purpose of manufacturing fancy articles of mo- 
rocco, 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 en- 
titled " an act defining the general powers and duties 



530 BOST. MUTU. FIRE INS. CO. Feb. 16, 1833. 

of manufacturing corporations," passed February 
twenty-third, in the year of our Lord one thousand 

, eight hundred and thirty. 

Sec. 2. Be it further enacted, That said corpo- 

Reai and person ration iTiay be lawfully seized of such real estate, 
not exeeeding the value of twenty thousand dollars, 
and such personal estate, not exceeding the value of 
thirty thousand dollars, as may be necessary and 
convenient for establishing and carrying on the man- 
ufacture of the articles aforesaid, in the said city of 
Boston. 

[Approved by the Governor, February 11, 18*33.] 



CHAP. XXVIII. 

An Act incorporating the Boston Mutual Fire In- 
surance Company. 

Sec. 1. XjE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
Persons incorpo- by the ciuthority of the same, That Henry J. Oliver, 
Benjamin Fisk, Caleb Eddy, and their associates, 
successors and assigns, are hereby constituted a 
body politic and corporate, by the name of the Bos- 
ton Mutual Fire Insurance Company, with all the 
powers and privileges incident to such corporations, 
and subject to all the duties and obligations con- 
tained in a law entitled " an act to define the pow- 
ers, duties and restrictions of insurance companies," 
passed on the sixteenth of February, in the year of 
our Lord one thousand eight hundred and eighteen, 



rated 



BOST. MUT. FHIE INS. CO. Feb. 16, 1833. 531 

and in an act in addition thereto, entitled " an act 
in addition to an act to define the powers, duties 
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. 

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

, Ml I • 1 1 II ''°" amounts lo 

sum subscribed to be insured shall amount to two iwo hundred 

,,,, 1111 •! • • thousand dollars. 

hundred thousand dollars, said corporation may in- 
sure from 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. 

Sec. 3. Be it further enacted, That the funds funds. 
of said corporation 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 poli- 
cy. In case any member shall have a just claim 
upon the corporation exceeding the amount of their 
then existing funds, the directors shall, within thirty 
days, assess such sum as may be necessary, on the 
members in proportion to the amount of their pre- 
miums and deposits for seven years, but not to 
exceed triple the amount of such premiums and 
dej)osits. 

Sec. 4. Be it further enacted. That when any Execmion, how 

•^ . . levied. 

member shall recover judgment against said corpo- 
ration, 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 demand made upon them for 
68 



532 BOST. MUX. FIRE INS. CO. Feb. 16, 1833. 

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 di- 
rectors shall not be liable beyond the amount stated 
in the third spxtion of this act. 
neio.?buiid,n4 Sec. 5. Be it further enacted, That each policy 
insured. ^f insurancc shall of itself, without any other cere- 

mony, 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 provision shall not prevent the taking of 
other collateral security ; and in case it should be- 
come 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 auctiou, giv- 
ing 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 re- 
deem the estate by paying the costs of sale, the 
amount of the execution, and twelve per cent, in- 
terest thereon, within one year from the time of sale. 
Reaiesiate. Sec. 6. Be it Juitlier enacted, That this corpo- 

ration may purchase, hold and convey any real 
estate for the use of said com[)any, not exceeding 
fiftv thousand dollars, excepting such as may be 
taken for debt, or held as collateral security for 
money due said corporation. 



ST. JAMES'S CHURCH. Feb. 16, 1833. 533 

Sec. 7. Be it further enacted^ That all persons, Members. 
insuring at the office of the said company, shall be 
deemed and taken to be members of said corpora- 
tion, and at all meetings, not less than fifteen mem- 
bers of said corporation shall constitute a quorum 
for the transaction of business, and each member 
shall have as many votes as he has policies. 

[Approved by the Governor, February 16, 1833.] 



CHAP. XXIX. 

An Act to incorporate the Proprietors of Saint 
James's Church in Roxbury. 

Sec. 1. Be it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Peter Wainvvright, Persons incorpo- 
Jr., Otis Pierce, Charles W. Greene, all of Roxbury, '"^' 
and their associates and successors, are hereby in- 
corporated, 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 privileges of other like religious societies, accord- 
ing to the constitution and laws of this Common- 
wealth, and the rite and usages of the protestant 
episcopal church in the United States. The per- 
sons named, and their associates, to be and continue 
members of said corporation until 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. 



laws 



First meeting. 



534 GUARDIANS. Feb. 16, 1833. 

Real and person- §£(^.^ 2. Be it furtluT cnocltd, That Said coruoia- 

al estate. ♦^ r 

tion may take and hold estate, real and personal, by 
gift, purchase or otherwise, the income of which 
shall not exceed twelve hundred dollars per year, 
and the corporation shall hav^e power, at any legal 
meeting held for the purpose, to authorize the war- 
dens of said church to transfer and convey the whole 
or any part of the real or personal estate, which said 
corporation may hold or possess, and to execute 
good and sufficient deeds of the same, in fee simple 
or otherwise, as the corporation by vote duly record- 
ed may determine. 
May pass by- Sec. 3. Be it further encictecl, That said corpora- 

tion may pass such by laws as they may deem fit, 
not repugnant to the constitution and laws of this 
Commonwealth, and the first meeting 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 Suffolk, ten days at least before said 
meeting. 

[Approved by the Governor, February 16, 1833.] 



CHAP. XXX. 

An Act in addition to the Acts empowering the 
Judges of Probate to appoint Guardians to Mi- 
nors and others. 

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

of Representatives in General Court assembled^ and 

judgestoap- by the authority of the same, That the Judges of 

point guardians, p^^j.^^^^ j^^^jj^ scveral couutics of this Common- 



WHARVES. Feb. 16, 1833. bS5 

wealth shall have power and authority to appoint 
guardians to persons residing on lands within their 
respective counties, not included within the limits of 
any incorporated town, for the same causes, and in 
the same manner that they are now authorized to 
appoint guardians to persons in incorporated towns. 
Sec. 2. Be it further enacted, That the duties 
now required to be performed by selectmen relative 
to the appointment of guardians, shall be performed 
by the assessors of the several districts and tracts of 
unincorporated land, if there are assessors thereof, 
and if there are no assessors, by the selectmen of 
the oldest adjoining town in the same county. 

[Approved by the Governor, February 16, 1833.] 



CHAP. XXXI. 

An Act for the extension and erection of Wharves 
on the eastern shore of Apponegansett river in the 
town of Dartmouth. 

13 E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
bu the authority of the same. That James Rider, Erection of 

.7 J •/ ^ ' wharves. 

Prince Sears, James T. Slocum, Abraham Aiken, 
Samuel Barker, Caleb Sanford, Matthews Thatcher, 
Abraham Tucker, be, and they hereby are author- 
ized and allowed to repair, build and extend wharves, 
at all points on the eastern shore of said Appone- 
gansett 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 



536 TAUNTON BRIT. MAN. CO. Feb. 16, 1833. 

high water mark in said river ; provided, that this 
grant shall in no wise interfere with the legal rights 
of any other person or persons whatsoever. 

[Approved by the Governor, February 16, 1833.] 



CHAP. XXXII. 

An Act to incorporate the Taunton Brittania Manu- 
facturing Company. 

Sec. 1. Be it enacted by the Senate and House 
of Representatives in General Court assembled, and 
Persons incorpo- by the ttuthority of the same, That Horatio Leonard, 
James W. Crossman, Haile Wood, Daniel S. Cobb, 
and Haile N. Wood, their associates, successors, 
and assigns, be, and they hereby are made a corpo- 
ration, by the name of the Taunton Brittania Manu- 
facturing Company, for the purpose of manufacturing 
brittania ware in the town of Taunton, in the coun- 
ty of Bristol, 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 passed 
the twenty third day of February, in the year of our 
Lord one thousand eight hundred and thirty, enti- 
tled " an act defining the general powers and duties 
of manufacturing corporations." 
Reaiand erson- ^^^' ^* -^ 6 it further enacted. That the said cor- 
al estate. poratiou 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 fifteen thousand dollars, and of personal estate 
not exceeding the value of twenty five thousand 
dollars. 

[Approved by the Governor, February 16, 1833.] 



JOSHUA THOMAS. Feb. 16, 1833. 537 

CHAP, xxxni. 

An Act in addition to "An Act to incorporate Joshua 
Thomas, Esquire, and others, for the purpose of 
conveying fresh water by pipes in the town of 
Plymouth." 

Sec. 1. 13E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That the Proprietors Propi-'etors to 

•^ v' »/ 1 convey vvaler. 

of the Plymouth Aqueduct be, and they are hereby 
authorized to convey water in said town of Plym- 
outh, in the manner provided in the act to which this 
is in addition, from any spring or springs on the mar- 
gin of the Town Brook, so called, in said town, and 
within twenty rods of either bank of said brook. 
Provided, that nothing in this act shall authorize the 
said proprietors to enter on and make use of private 
property without consent of the owner. 

Sec. 2. Be it further enacted. That so much of Former act in 

..... P^""' repealed. 

the sixth section of the act to which this is in addi- 
tion as relates to the mode of transferring shares by 
the owner or owners thereof, be, and is hereby re- 
pealed, and that the shares in said corporation shall 
be deemed and considered to all intents and pur- 
j)oses as personal property, and the evidence of own- 
ership therein, shall be a certificate signed by the 
president and countersigned b}' the clerk, and such 
shares shall be transferred by the owner personally, 
or by attorney, upon the books to be kept by the 
clerk for that purpose, and such owner, upon mak- 
ing such transfer, shall deliver up his certificate to 
be cancelled, and the clerk of the corporation shall 
issue a new certificate therefor. 

[Approved by the Governor, February 16, 1833. 



538 PROVINCETOWN F. INS. CO. Feb. 16, 1833. 



CHAP. XXXIV. 

An Act authorizing the Fishing Insurance Company 
in Frovincetown, to increase their capital stock, 
and to take general marine risks. 

Sec. 1. .oE it enacted by the Senate and Hou^^ 
of Representatives in General Court assembled, and 

Increase of capi- by the authority of the same, That the Fishing In- 
surance Company in Frovincetown, be, and it here- 
by is authorized and empowered to increase its 
capital stock, by adding thereto ten thousand dol- 
lars, and that the number of shares be, and the same 
hereby is increased to eight hundred shares, of fifty 
dollars each. 

How paid in. Sec. 2. Be it further enacted. That one half of 

the additional 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 discre- 
tion, 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, invested, and used in like manner as is 
provided in respect to the original capital stock. 



SARGENT'S WHARF. Feb. 16, 1833. 539 

Sec. 3. Be it further enacted^ That said com- Risks. 
pany be, and the same hereby is authorized and 
empowered to take any marine risk whatsoever, 
under the same liabilities, restrictions and obliga- 
tions which said company is now under, in relation 
to such risks as they are now authorized to take. 

Sec. 4. Be it further enacted, That the pro- provisions. 
visions of this act shall not be binding on said com- 
pany, unless the same shall be accepted at a meeting 
to be held 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. 

[Approved by the Governor, February 16, 1833.] 



CHAP. XXXV. 

An Act in addition to " An Act to authorize the 
Proprietors of Sargent's Wharf to extend the same." 

1>E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That the proprietors of Proprietors au- 

, 1 r • 1 • r" Ti II 1 1 thorized and etn- 

tne wliart in the city or lioston, now called and powered to ex- 
known by the name of Sargent's Wharf, be, and 
they hereby are authorized and empowered to ex- 
tend and maintain their 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 proprietors of said Union 
69 



540 TAUNTON F. & M. INS. CO. Feb. 16, 1833. 

Wharf are authorized to extend the same by "an 
act 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 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 wharf- 
age 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 may be built in the channel, shall 
be constructed on piles, and shall be parallel with 
the lines of the dock and common highway, estab- 
lished northeasterly of the said Long Wharf, by the 
city of Boston, and others : and provided aho, that 
nothing herein contained shall be construed to au- 
thorize the proprietors of Sargent's Wharf to lessen 
or injure the rights or property of the owners of any 
wharves adjoining Sargent's Wharf. 

[Approved by the Governor, February 16, 1833.] 



CHAP. XXXVl. 

An Act to incorporate the Taunton Fire and Marine 
Insurance Company. 

Persons incorpc- Sec. 1. jjE it cnacted hy the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That William Reed, 
Jacob Chapin, and Charles Godfrey, their associates, 



TAUNTON F. & M. INS. CO. Feb. 16, 1833. 541 

successors and assigns, be, and they are hereby 
made a body politic, by the name of the Taunton 
Fire and Marine Insurance Company, for the pur- 
pose 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 " 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 
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 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 con- 
vey any estate, real or personal, for the use of said 
company : provided^ that the real estate shall not Real estate 
exceed the value of thirty thousand dollars, except- 
ing such as may be taken for debt, or held as col- 
lateral security for money due to said company. 

Sec. 2. Be it further enacted, That the capital si.are!^. 
stock of said company shall be one hundred thou- 
sand 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 company shall order and a]>point. 



642 EDGARTOWN WHARF. Feb. 16, 1833. 

Location. g^c. 3, ^g ^7 furthev enacted, That the 

" Taunton Fire and Marine Insurance Company," 
shall be located in Taunton, in the county of Bristol. 

[Approved by the Governor, February 16, 1833.] 



CHAP. XXXVH. 

An Act authorizing Grafton Norton, and Benjamin 
Worth, to construct a Wharf in the harbor of Ed- 
gartown. 

UE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
Authorized and by tkc ttutkority of the same, That Grafton Norton, 
wha"f. ° "' and Benjamin Worth, be, and they hereby are au- 
thorized and allowed to build a wharf in the harbor 
of Edgartown, in Dukes county, below low water 
mark, adjoining the land of the said Grafton Nor- 
ton, and the road leading from the new congrega- 
tional meeting house to said harbor, into the channel 
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'har- 
bor, and that they 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: pro- 
vided, that this grant shall in no wise interfere with 
the legal rights of any other person or persons what- 
ever. 

[Approved by the Governor, February 16, 1833.] 



SALEM STREET CON. SOC. Feh. 16, 1833. 543 



CHAP. XXXVIII. 

An Act to incorporate the Salem Street Congrega- 
tional Societj. 

Sec. 1. JjE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That John C. Proctor, Persons incorpo- 
Daniel SafFord, Joseph Thayer, together with all 
those persons who now are, or may hereafter 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 incorpora- 
ted as a religious society, by the name of the " Sa- 
lem Street Congregational Society," with all the 
powers, privileges and immunities to which other 
religious societies in this Commonwealth are enti- 
tled by the laws and constitution thereof, and subject 
to all the duties and liabilities to which other reli- 
gious societies are subject. 

Sec. 2. Be it further enacted, That the said ^'^"y '^''^ '^?'' 

•^ ' personal, or mix- 

society shall have power to take, purchase and hold ed 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, 
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. 

Sec. 3. Be it further enacted. That the said Assessments. 
society be, 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 



544 WEYMOUTH INST. FOR SAV. Feb. 16, 1832. 

raised by the said society, for the support of public 
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 
churches, meetinghouses, 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. 

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

society shall have power to establish such regula- 
tions, rules and by-laws, not repugnant to the con- 
stitution and laws of this Commonwealth, for the 
management of their affairs, as they may from time 
to time see fit. 

When to take ef- Sec. 5. Be it furtJicr etiacted, That this act 
shall take effect and go into operation, whenever 
the proprietors of pews in said meeting house shall, 
at a meeting called for that purpose, accept and 
adopt the same, and not before. 

[Approved by the Governor, February 16, 1833.] 



CHAP. XXXIX. 

An Act to incorporate the Weymouth and Braintree 
Institution for Savings. 

Sec. 1. Bf i7 enacted by the Senate and House 
of Representatives, in General Court assembled, and 

Persons incorpo- , , , . ~ , riM * -ikt i i 

rated. by (he authority of the same, Ihat Asa Webb, 

Whitcomb Porter, Warren Weston, their associates. 



feet. 



WEYMOUTH INST. FOR SAV. Feb. 16, 1833. 545 

and such other persons as may be duly elected, and 
their successors, be, and they are hereby incorporat- 
ed into a body politic by the name of the " Wey- 
mouth and Braintree Institution for Savings." 

Sec. 2. Be it further enacted, That the said cor- Deposits of 
poration shall be capable of receiving from any per- 
son or persons, disposed to obtain and enjoy the ad- 
vantages 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. 

Sec. 3. Be it further enacted, That all deposits income of depo- 
of money received by said institution, shall be by ^"'" 
them improved to the best advantage, and be in- 
vested in such manner as best to promote the ob- 
jects of the institution, and the income or profits 
thereof shall be by them divided among the persons 
making the deposits aforesaid, their executors, ad- 
ministrators and assigns, in just proportion, 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 di- 
rect and appoint. 

Sec. 4. Be it further enacted, That the said cor- Seai. 
poration may have a common seal, which they may 
alter and renew at pleasure ; that all deeds, convey- 
ances, grants, covenants, contracts and agreements 
made by their treasurer or any other person or per- 
sons, 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 de- 
fend, and shall be held to answer by the name afore- 
said. 

Sec. 5. Be it further enacted, That the said Election of mem- 

bers by ballot. 

corporation shall at any legal meetmg have power 



546 WEYMOUTH INST. FOR SAV. Feb. 16, 1833. 

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 pre- 
sident thereof, three months prior, may, at any annu- 
al meeting of said corporation withdraw and for- 
ever dissolve his connexion with the same. 

Meeting. Sec. 6. Be it further enacted, That the said 

corporation shall hereafter meet at Weymouth, on 
the first Monday in 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 January, annually, shall have 
power to elect, by ballot, a president, secretary, di- 
rectors, 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 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 their res- 
pective duties. 

Agents to make Sec. 7. Be it further enacted, That the offi- 

a statement of j ^ ,• 'i"^'^^* iiii 

affairs. cers aud agents ot said mstitution 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 tlie books and papers relating thereto, and 
shall submit to be examined by them under oath 
concerning the same. 

By-laws. Sec. 8. Be it further enacted, That the said 

corporation shall have power to make by-laws for 
the more orderly managing of their concerns, pro- 
vided the same are not repugnant to the constitution 



COURTS OF PROBATE. Feb. IS, U33. 347 

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 

Sec. 9. Be it furthe.r enacted^ That any one First meeting. 
of the persons 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 corpora- 
tion, at least ten days before the day of said meet- 
ing. 

[Approved by the Governor, February 16, 1833.] 



CHAP. XL. 

An Act in addition to " An Act to regulate the Juris- 
diction and Proceedings of the Courts of Probate." 

JBE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That whenever any Allowance to a 

., Ill • 1 •• iri •! widow when she 

Widow shall waive the provision made lor her in the waives ihe pro- 

, .,, . r I 1 I 1 I 1 1 vision made in 

last will and testament or her deceased husband, the husband's win. 
Judge of Probate, having jurisdiction thereof, is here- 
by authorized and empowered to make to such 
widow such allowance from the personal estate of 
said deceased testator as he is now by law authoriz- 
ed to make to widows of persons deceased intestate. 

[Approved by the Governor, February 18, 1833.] 
70 



548 RANDOLPH METH. EPIS. SO. Feb. 20, 1833. 



CHAP. XLI. 

An Act ill addition to " An Act to incorporate the 
Dana Manufacturing Company." 

13 E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
BTanufacture of hy the authority of the same^ That the Dana Manu- 
facturing Company is hereby empowered to manu- 
facture paper in the same manner as if said manufac- 
ture 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. 



paper, 



[Approved by the Governor, February 20, 1833.] 



CHAP. XLII. 

An Act to incorporate the First Methodist Episcopal 
Society in Randolph. 

Sec. \. Be it enacted by the Senate and House 
of Representatives in General Court assembled, and 
Persons incorpo: Jjy (Jig authority of thc saiRC, That Samuel New- 
comb, Calvin Wild, Edward Blanchard, together 
with such other persons as may hereafter associate 
with them and their successors, be, and they are 
hereby incorporated as a religious society, by the 



YARMOUTH C. WHARF CO, Feh. 20, 1833. 549 

name of the First Methodist Episcopal Society in 
Randolph, with all the privileges, powers, and im- 
munities, 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 Commonsvealth. 

Sec. 2. Be it further enacted. That said society Reaiandpa«oa 

^ •' al estate. 

may hold by grant, gift, purchase, devise, or other- 
wise, real and personal estate, to any amount, not 
exceeding twelve thousand dollars, for the use of 
said society. 

Sec. 3. Be it further enacted, That any one of F'^st meeting. 
the persons 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. * 

[Approved by the Governor, February 20, 1833.] 



CHAP. XLin. 

An Act to incorporate the Central Wharf Company, 
in the town of Yarmouth. 

Sec. 1. Be it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Edward B. Hal- p^J"^ ^^-'^-^^' 
let. Chandler Gray, Nathan Hallet, and John El- 
dridge, and others, their associates, successors and 
assigns, be, and they hereby are constituted a body 
politic and corporate, by the name of " Central 



650 YARMOUTH C. WHARF CO. Feb. 20, 1833. 

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 manage* 
ment of their affairs, consistent with the laws of 
this Commonwealth, and generally to do and exe- 
cute whatever, by law, does, or may appertain to 
bodies politic and corporate, within the meaning 
and intent of this act. 

May hold real es. Sec. 2. Be it further eiiacted, 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 Yarmouth afore- 
said, commencing at the northerly part of the town 
road laid out through the land of Chandler Gray, 
Henry Thacher, and others, and extending north- 
westerly by Henry Thacher, Andrews Hallet, and 
others, to the channel of Mill Creek ; thence south- 
westerly three hundred feet by said creek ; thence 
southeasterly by Jonathan Hallet, Chandler Gray, 
and others, to said town road, and all rights, privi- 

Power to extend, Jeges and appurtcnauccs thereto belonging : provided, 
the lawful owners of said property shall legally 
convey the same to said Central Wharf Company ; 
and the said Central Wharf Company shall have 
power to extend, build and maintain such wharf or 
wharves of said company as they may deem expedi- 
ent, 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. 



YARMOUTH C. WHARF CO. Feb. 20, 1833. 551 

or otherwise convey their corporate property, or any 
part thereof, within said described limits, and to 
lease, manage and improve, build, rebuild, pulldown, 
or alter the same ; also to remove, construct, erect, 
repair, or alter any buildings, wharf, docks, or pas- 
sage 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. 

Sec. 3. Be it further enacted, That said Central ^^^l^' ""^ 
Wharf Company, at any legal meeting, may agree 
upon the number of shares into which their corpo- 
rate property and estate shall be divided, not ex- 
ceeding 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 as- 
signment 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 manner, and according to the form of the 
statutes making provision for the attachment and 
sale of shares of debtors in corporate companies. 

Sec. 4. Be it further enacted, That the real Pl^ ^^t^te, &c. 

^ ' liable to attach- 

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 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. 



ment. 



352 YARMOUTH C. WHARF CO. Feb, 20, 1833. 

Assessments. Sec. 5. Be it further enacted, That the said 

corporation shall have power, from time to time, 
to assess on the stockholders such sums of money, 
not exceeding in the whole one hundred and fifty 
dollars on each share, for the purchase, improve- 
ment and good management of their estate, and 
for removing, erecting, repairing or altering any 
buildings, wharf, docks or passage ways on the 
land within said described limits, or for the inci- 
dental expenses of the said corporation, agreeably 
to the true intent of this act ; and in case any pro- 
prietor shall refuse or neglect to pay any assess- 
ment, the said corporation may cause such of the 
shares of such 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 notice in one or more public places in said 
Yarmouth ; and after deducting the amount as- 
sessed 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 cer- 
tificate of the same. 

Number of votes. Sec. 6. Be it further enacted, That in all meet- 
ings of the members of said corporation, for the 
transacting of business, each member shall be en- 
titled 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 : 2)rovided aU 
ways, 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. 



SALEM FIRE DEPART. Feb. 20, 1833. 553 

Sec. 7. Be it further enacted, That either of ^'^*' meeting, 
the persons 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 the 
time appointed for such meeting ; and the said 
Central Wharf Company, at their first meeting, and 
afterwards, annually, on such days as shall be es- 
tablished 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. 

[Approved by the Governor, February 20, 1833.] 



CHAP. XLIV. 

An Act to incorporate the Charitable Association of 
the Salem Fire Department. 

Sec. 1. JBE 2^ enacted by the Senate and House 
of Representatives in General Court assembled^ and 
by the authority of the same, That Charles A. An- f^^;'7' '"'^'p**- 
drew, Daniel Hammond, Oliver Parsons, Jonathan 
Kenney, and Nathaniel Very, with their associates 
and successors, be, and they hereby are incorporated 
by the name of the Charitable Association of the 
Salem Fire Department, for the purpose of afford- 
ing 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 



554 SALEM FIRE DEPART. Feb. 20, 1833. 

that name may sue and be sued, and may have and 
use a common seal. 
Real and person- gg^,^ 2. Be it further enacted, That the said 

al estate. "^ 

corporation may receive and take by purchase, 
grant, devise, bequest or donation, any real or per- 
sonal 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. 

By-laws. Sec. 3. Be it further enacted, That the said 

corporation may make and establish such by-laws 
and regulations, for the government of said corpora- 
tion, as they may think proper : provided, the same 
are not repugnant to the laws and constitution of 

May choose offi- this Commonwcalth, and may choose and elect all 
necessary and convenient officers, who shall have 
such power and authority as the said corporation 
may think proper to prescribe and grant to them, 
and who shall be elected in such manner and for 
such periods of time as the by-laws of said corpora- 
tion may direct. 

First meeting. Sec. 4. Bc 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 cor- 
poration, by causing a notification thereof to be 
published in any newspaper printed in the town of 
Salem, seven days at least before said meeting. 

[Approved by the Governor, February 20, 1833.] 



BRISTOL PRINT WORKS. Feb. 20, 1833. 565 



CHAP. XLV. 



An At to incorporate the Bristol Print Works. 

Sec. 1 . 13 E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Samuel Crock- persons incorpo- 
er, Edmund Dwight, Harrison Gray Otis, Charles 
Richmond, Israel Thorndike, and James K. Mills, 
their associates, successors and assigns, be, and they 
hereby 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. 

Sec. 2. Be it further enacted, That the said ^'elate'!^''''""" 
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. 

[Approved by the Governor, February 20, 1833.] 



71 



656 CURTISV. COT. MAN. CO. Feb. 20, 1833. 



CHAP. XLVI. 

An Act to incorporate the Curtisville Cotton Manu- 
iacturing Company. 

Sec. 1. J3E it enacted by the Senate and House 
of Representatives in General Court assembled, and 



Persons 
rated 



,ns incorpo- ^^ ^/^g autlwritij of the same, That Samuel G. Wheel- 
er, 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 
assigns, be, and they hereby are made a corporation 
by the name of the Curtisville Cotton Manufactur- 
ing Company, for the purpose of manufacturing cot- 
ton 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 duties of manufacturing corporations." 
Real and person- Sec. 2. Be it further cnactcd, That the said 
ai estate. Curtisville Cotton Manufacturing Company may 

lawfully hold and possess such real estate, not ex- 
ceeding the value of thirty thousand dollars, and 
such personal estate not exceeding one hundred and 
twenty thousand dollars, as may be necessary and 
convenient for carrying on the manufactures afore- 
said. 

[Approved l»\ tlir (^ovt^mor, Feliruary 20, 1833.] 



WEYiMOUTH FIRE INS. CO. Feb. 20, 1833, 557 



CHAP. XLVII. 



An Act incorporating the Weymouth and Braintree 
Mutual Fire Insurance Company. 

Sec. 1. J3e z7 enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Jonathan New- Persons incorpo- 
comb, Asa French, Christopher Webb, Hervey 
Reed, Benjamin King, and their associates, succes- 
sors and assigns, are hereby constituted a body poli- 
tic and corporate by the name of the Weymouth 
and Braintree Mutual Fire Insurance Company, 
with ail the powers and privileges incident to such 
corporations, and subject to all the duties and obli- 
gations contained in a law entitled " an act to 
define the powers, duties and restrictions of Insu- , 
ranee Companies," passed on the sixteenth of Feb- 
ruary, 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 powers, duties and restrictions of insu- 
rance companies," passed March sixth, in the year 
of our Lord, one thousand eight hundred and thirty 
two, for the term of twenty eight years. 

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

• 1111 Insurance. 

sum subscribed to be insured shall amount to one 
hundred thousand dollars, said corporation may in- 
sure, 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. 



558 



WEYMOUTH FIRE JNS. CO. Feb, 20, 1833. 



Appropriation of 
funds. 



Execution, how 
levied. 



Policy creates 
a lien on build- 
ings insured. 



Sec. 3. Be it further enacttd, That the funds of 
said corporation shall be invested in stocks, or loan- 
ed on security, as the directors may order, and shall 
be appropriated, first to pay the expenses of the 
corporation, and next to pay the damages which 
any member may be entitled to recover on his policy. 
In case any member shall have a just claim upon the 
corporation exceeding the amount of their then ex- 
isting funds, the directors shall, within thirty days, 
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 tri- 
ple the amount of such premiums and deposits. 

Sec. 4. Be it further enacted, That when any 
member shall recover judgment against said corpo- 
ration, he may levy his execution on their estate or 
lunds, 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 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 direc- 
tors shall not be liable beyond the amount stated in 
the third section of this act. 

Sec. 5. Be it further enacted, That each policy 
of insurance 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 provision shall not prevent the taking of other 
collateral security, and in case it should become 



WEYMOUTH FIRE INS. CO. Feh. 20, 1833. 559 

necessary to resort to the lien on the property insur- 
ed, 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 re- 
quired in the sales of (equities of redemption on exe- 
cution, 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 there- 
on within one year from the time of sale. 

Sec. 6. Be it further enacted^ That this corpo- Real and person- 
ration may purchase, hold and convey any real es- 
tate 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. 

Sec. 7. Be it further enacted, That all persons Members. 
insuring at the office of the said company shall be 
deemed and taken to be members of said corpora- 
tion, and at all meetings, not less than seven me«^~ 
bars of said corporation shall constitute a o'^^"*^ 
for the transaction of business, and each member 
shall have as many votes as he has polir'^^* 

[Approved by the Governor, Feb^^^'J ^0, 1833.] 



/ 



560 SALEM CROM. ST, CHURCH. Feb. 20, 1833. 



CHAP. XLVni. 

An Act to incorporate the Proprietors of the Crom- 
hie Street Church in Salem. 

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

Persons incorpo- bv the authoritii of the same., That Daniel Abbot, 
John Burlej, Daniel Bancroft, Caleb Smith, Henrj 
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 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. 

May hold rea^ §£0. 2. Be it further enacted, That the said 

personal, or mix- "^ 

ed estate. Sfe<jiety shall havc power to take, purchase and hold, 

3ny \state, real, personal or mixed, for the use of 
the saiQ<^(^.iety, and the same to sell, mortgage, or 
otherwise f^nose of, as they may see fit : provided, 
the income th\|.(3Qf exclusive of their church and 
land under and iH^oining it, shall not, at any time, 
exceed the sum of t>>^e thousand dollars. 

Votes. Sec. 3. Be it furtktx enacted, That at all meet- 

ings of the said society, tln>.^roprietors of pews, and 
no other persons, shall be en\|led to vote, allowing 
one vote for every pew. 



SALEM CROM. ST. CHURCH. Feb. 20, 1833. 561 

Sec. 4. Be it further enacted, That the said Assessments. 
society shall have full power and authority, at any 
meeting duly called for that purpose, to assess, on 
the pews in said church, all such taxes as may be 
necessary or proper for the maintenance of public 
worship, and the repairs and preservation of said 
church, and for all other parochial charges and ex- 
penses ; 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 respectively, on which the same 
shall be so assessed, shall be forfeited to the said 
society, and may be sold at public auction, in such 
manner as the said society shall by their 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 as- 
signs, and the society shall have authority to convey 
to the purchaser of any pew so sold, a good and 
valid title as proprietor thereof. 

Sec. 5. Be it further enacted, That the said sy-iaws. 
society shall 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. 

Sec. 6. Be it further enacted, That any two or First meeting. 
more of 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 en- 
tries of the church, at least seven days before the 
time of holding such meeting. 

[Approved by the Governor, February 20, 1833.] 



562 CORPORATIONS. Feb, 20, 1833. 



CHAP. XLIX. 

An Act respecting the mode of calling and organiz- 
ing Meetings of Corporations. 

13 E it enacted by the Senate and House 

of Representatives in General Court assembled, and 

Justices of peace f^y ^^g uutkoritv of the suMe, That whenever, by 

may aiuhorize »/ J »/ ' > J 

cES '** reason of the death, absence, refusal to act, or other 
legal impediment of the officers of any corporation 
within this Commonwealth, there shall be no person 
or persons duly authorized to call or preside at a 
legal meeting thereof, any justice of the peace in the 
county where said corporation is situated, shall have 
authority, on written application of five or more of 
the proprietors, or other legal members thereof, to 
issue a warrant to either of said proprietors or mem- 
bers, directing him to call a meeting of said corpo- 
ration, by such time and mode of notice as had 
been previously required by law, and also directing 
such person, if there be no officer present legally 
authorized to preside at such meeting, that he shall 
preside thereat, until a clerk shall be duly chosen 
and qualified ; and it shall be lawful for said meet- 
ing, when duly organized, to elect officers to fill all 
vacancies in office which may then exist, and to 
proceed to act upon such other business as may now 
by law be transacted at regular meetings of a corpo- 
ration. 

[Approved by the Governor, February 20, 1833. 



WRITS. Feb, 22, 1833. 563 



CHAP. L. 



An Act to regulate the Indorsement of Writs and 
other Process. 



Sec. 1. Be it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authoritii of the same, That so much of the Pan of statute of 

•^ '^ -' ' 1784 repealed. 

eleventh section of the statute of seventeen hun- 
dred and eighty-four, chapter twenty-eight, enti- 
tled " an act prescribing the forms of writs in civil 
causes, and directing the mode of proceeding 
therein," as relates to the indorsement of writs, be, 
and the same is hereby repealed. 

Sec. 2. Be it further enacted, That all original W"'^ *fc. to be 
writs, writs of error, scire facias, or review, bills in 
equity, libels for divorce, petitions for partition, 
mandamus, certiorari, new trial, review, or for a 
sale by mechanics and others having by law a lien 
upon any buildings or land, if the plaintiff or peti- 
tioner is not an inhabitant of this Commonwealth, 
shall, before the same shall be entered in the court, 
or before the justice, where the same shall be by 
law returnable or commenced, be indorsed on the 
back thereof, by some responsible person, who is 
an inhabitant of this Commonwealth, either by him- 
self, or his agent or attorney. 

Sec. 3. Be it further enacted. That if, during incase of remo- 

i. . p •11. ^'^'.' plaintiff or 

the pendencv of any of the processes aforesaid, the petitioner is re- 

I ■' "^ quired to give an 

plaintiff or petitioner shall remove out of the Com- indorser. 
monwealth, the court before which the same shall 
be pending, shall, on motion, order the plaintiff' or 
petitioner, to procure such indorser ; and in case . 

72 



564 WRITS. Feb. 22, 1833. 

an indorser of any of the processes aforesaid shall, 
during the pendency thereof, remove out of the 
Commonwealth, or become insufficient to respond, 
as hereinafter provided, and the plaintiff or petition- 
er shall not then have become an inhabitant of the 
Commonwealth, the court shall, on motion, order 
such plaintiff or petitioner to procure a responsible 
Process to be HOW iudorser. And if any plaintiff or petitioner 

dismissed in cer- iii/--i i • ^ ■ i r i 

tain cases. shall fail to comply with such order ot court when 
thereto directed, in either of the cases aforesaid, 
said process shall be dismissed. 

Court may per g^c. 4. Be it furtlier eiiactecl, That the court, 

mit a new in- ./ ' ' 

dorser. ^^ j^j,y I'm^Q duriug the pendency of either of the 

processes aforesaid, may, at their discretion, on 
motion of the plaintiff or petitioner, permit the 
name of any indorser to be stricken out, and a 
responsible new indorser substituted therefor. 

Liabilities of in- Sec. 5. Be it further' enacted, That, in case of 

dorsers. ^ 

the avoidance or inability of the plaintiff or peti- 
tioner, any indorser of such process shall be liable 
to pay to the defendant or respondent therein, and 
to any trustee who may be summoned thereon, and 
to any assignee of such trustee, who shall become 
a party thereto, and to any subsequent attaching 
creditor of the defendant, who may be admitted to 
defend against the same, all such costs as he or 
they may severally recover therein. 
When to take ef. Sec. 6. Be it further enacted. That this act 

feet. "^ ' 

shall take effect, and be in force from and after the 
first day of May next, provided the same shall not 
affect any rights and liabilities which shall then 
exist under the provisions of law. 

[Approved by the Governor, February 22, 1833.] 



COURT OF COMMON PLEAS. Feb. 28, 1833. 555 



CHAP. LI. 

An Act to alter the times of holding the Court of 
Common Pleas in the several Counties of Barn- 
stable, Nantucket and Dukes County. 

Sec. \. UK it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, I'hat from and after Times of holding 

. r 1 • I /-i court altered. 

the passing of this act, the Court of Common Pleas, 
now holden at Barnstable, within and for the coun- 
ty of Barnstable, on the Tuesday next after the 
third Monday of April, shall be holden on the 
Tuesday next after the first Monday of April, 
annually; that the Court of Common Pleas, now 
holden at Nantucket, within and for the county of 
Nantucket, on the fourth Monday of May, shall be 
holden on the first Monday of June, annually ; and 
that the Court of Common Pleas, now holden at 
Edgartown, within and for the county of Dukes 
County, on the third Monday of May, shall be hol- 
den on the last Monday of May, annually. ah writs &c. to 

•' have day in said 

Sec. 2. Be it further enacted. That all writs, court at the times 

^ ' 'for holding the 

appeals, recognizances and processes, and every same established 

other matter or thing returnable to, or now pending 

in the said Court of Common Pleas, in the several 

counties aforesaid, shall be returned to, and have 

day in said court, at the times for holding the same 

established by this act ; and all parties and persons 

before passing this act required to appear and attend 

at the terms heretofore holden as aforesaid, in the 

said several counties, shall ap[)ear and attend, and 

have like day in court, at the terms established by 

this act, pursuant to its true intent and meaning. 

[Approved by the Governor, February 28, 1833.] 



5G6 N. BEDFORD MAR. INS. CO. March I, 1833. 

CHAP. LII. 

All Act to incorporate the New Bedford Marine In- 
surance Company. 

Sec. I. Me it enacted by the Senate and House 
of Representatives in General Court assembled, and 

fated""' '"'°'''"" by the authority of the same, That Cornelius Grin- 
nell, Charles Russell, Joseph Ricketson, and their 
associates, successors and assigns, be, and thej 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 customary manner, 
with all the privileges, and subject to all the duties 
and obligations contained in •' an act to define the 
powers, duties and restrictions of insurance compa- 
nies," passed on the sixteenth day of February, in 
the year of our Lord one thousand eight hundred 
and eighteen, and in an act in addition thereto, 
passed March the sixth, in the year of our Lord one 
thousand eight hundred and thirty-two, for and dur- 
ing 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, 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 personal, for the 

^Tstate! ''"*°"" "s*^ of said company : jjrovided, that the 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. 



Location, 



DRACUT ACADEMY. March 1, 1833. 567 

Sec. 2. Be it further enacted, That the capital ^''^'■^^• 
stock of said company shall be one hundred thou- 
sand 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 coQipanj shall order and appoint. 

Sec. 3. Be it further enacted, That the said 
company shall be located in the town of New Bed- 
ford. 

[Approved by the Governor, March 1, 1833.] 



CHAP. LIII. 

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

Sec. 1. i3E it enacted by the Senate and House 
of Representatives in General Court assembled, ^/ic? Persons incorpo- 
by the authority of the same, That Benjamin F. Var- ^^^^'^' 
num, Joseph Bradley, William T. Heydock, E. R. 
Olcott, Jonathan Morse, 2d, Joshua Bennett, Elisha 
Fuller, J. B. French, Thomas P. Goodhue, Hum- 
phry Webster, John P. Robinson, Darius Young, 
and Jonathan M. Dexter, their associates and suc- 
cessors, be, and they hereby are made a body corpo- 
rate, by the name of the Proprietors of the Central 
Village Academy in the town of Dracut, and coun- 
ty of Middlesex, with power to hold real estate not 
exceeding fifteeen thousand dollars, and may estab- 
lish 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. 



568 WINTH. SOC. IN CHARLES. March I, 1833. 

Bylaws. Sec. 2. Be it further enacted, That Ksaid cor- 

poration 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. 

First meeting. g^^,^ 3^ ]^q it furthtr cnactcd , 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. 

[Approved by the Governor, March 1, 1833.] 



CFIAP. LIV. 

An Act to incorporate the Winthrop Society in 
Charlestown. 

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

of Representatives in General Court assembled, and 

J, ■ ^ by the authority of the same, That Chester Adams, 

Persons inciirpo- J u J ^ ' 

rated. Joscph F. Tufts, and Eliab P. Mackintire, 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 incorpo- 
rated as a religious society in Charlestown, by the 
name of the Winthrop Society, with all the powers, 
privileges and immunities to which other religious 
societies in this Co(nmon\^ ealth are entitled by the 



WINTH. SOC. IN CHARLES. March 1, 1833. 569 

laws and constitution thereof, and subject to all the 
duties and liabilities to which other religious socie- 
ties are subject. 

Sec. 2. Be it further enacted, That said society Real and person- 
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 income 
thereof, exclusive of their meeting house, and the 
land under the same, and such adjoining land as 
may be exclusively appropriated for the accommo- 
dation of said house, shall not exceed the sum of 
two thousand dollars per annum. 

Sec. 3. Be it further enacted, That said socie- Assessment upon 
ty 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 said society, for the support of public worship and 
other parochial charges, and also for the repairs of 
said house. 

Sec. 4. Be it further enacted, That said society Rules and regu« 

1 T 1 1 • 1 lations. 

shall have power to establish such regulations, rules 
and by-laws for their government, and for the man- 
agement of their affairs, as they may from time to 
time see fit, not repugnant to the constitution and 
laws of this Commonwealth. 

Sec. 5. Be it further enacted, That any two of First meeting. 
the persons 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. 

[Approved by the Governor, March 1, 1833.] 



570 FUNDS FROM MAINE LANDS. March 1, 1833. 



CHAP. LV. 



An Act relating to the Funds derived from the Lands 
in the State of Maine. 

Sec. L J3E it enacted by the Senate and House 
of Representatives in General Court assembled, and 

Act repealed, by the authority of the same, That an act passed on 
the sixteenth day of March, in the year of our Lord 
one thousand eight hundred and thirtj-one, entitled 
" an act to provide for investing the funds derived 
from the sale of Eastern Lands," be, and the same 
is hereby repealed. 

bSre^asur'" ^^^' ^' ^^ *^ furthcr cnactcd, That all money 
received by the treasurer of the Commonwealth 
since the first day of January, in the year of our 
Lord one thousand eight hundred and thirty-one, 
arising from the sale of lands in the state of Maine, 
or for timber cut thereon, whether such money has 
been invested in pursuance of the provisions of the 
act which is hereby repealed, or otherwise, be and 
remain in the treasury, to be appropriated in the 
same way and manner as if the said act had never 
been passed. 

[Approved by the Governor, March 1, 1833.] 



FISHING INS. CO. March 1, 1833. 571 



CHAP. LVl. 

An Act in addition to " An Act to incorporate the 
Fishing Insurance Company." 

Sec. 1. Be it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That the Fishing In- Power of under- 
surance Company shall hereafter have the right and ''"*'"^" 
power to underwrite and insure against marine risks, 
upon all vessels coming within the classes or denom- 
inations 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 bot- 
tomry or respondentia, upon any one risk or adven- 
ture, a sum not exceeding seven per centum upon the 
capital stock of said company. 

Sec. 2. Be it further enacted, That all parts Parts of act re- 
of the act to which this act is in addition, inconsist- p'^'*'^'^- 
ent with the provisions hereof, be, and the same are 
hereby repealed. 

[Approved by the Governor, March 1, 1833.] 
73 



572 BOSTON STEAM FACTORY. March I, 1833. 

CHAP. LVII. 

An Act in addition to " An Act to incorporate the 
Piovidem 
Boston." 



Provident Institution for Savings in the Town of 



estate. 



X>E it enacted by thfi Senate and House 
of Representatives in General Court assembled, and 
Thirty thousand by tfic authority of the same, That the Provident In- 
vested in real" stitution for Savings in the town of Boston, be, and 
the said corporation is hereby authorized and em- 
powered to purchase real estate in the city of Bos- 
ton to the amount of thirty thousand dollars, and to 
hold the same subject to the uses, intents and pur- 
poses prescribed in the act of incorporation to which 
this is in addition. 

[Approved by the Governor, March 1, 1833.] 



CHAP. LVIII. 

An Act to incorporate the Boston Steam Factory. 

Sec. 1. Be it enacted by the Senate and House 
of Representatives in General Court assembled, and 
Persons mcorpo- by the authority of the same, That Willard Badger, 
James Mc Allaster, and John Lilley, with such oth- 
er persons as already have associated, or may here- 
after associate with them, their successors and as- 
signs, be, and they hereby are made a corporation 



rated. 



LYING-IN HOSPITAL. March I, 1833. 673 

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 foun- 
dry 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 " 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, and the shares into which 
said company's stock shall be divided shall never 
be assessed beyond the sum of one hundred dollars 
on each share. 

Sec. 2. Be it further enacted, That the said Real estate. 
corporation may be lawfully seized and possessed of 
such real estate, not exceeding the value of sixty 
thousand dollars, and such personal estate, not ex- 
ceeding the value of thirty thousand dollars, as maybe 
necessary and convenient for the purpose aforesaid. 

[Approved by the Governor, March 1, 1833.] 



CHAP. LIX. 

An Act to perpetuate evidence relating to the re- 
cords of the Boston Lying-in Hospital. 

Sec. 1. Be it enacted by the Senate and House 
of Representatives in General Court assembled, and 
hi the authority of the same, That, from and after Justices of peace 

J J J ' ' authorized and 

the passing of this act, any two justices of the ^IJ'Ppp^^'^J^/Pf 
peace for the county of Suffolk, quorum unus, are If^^^^hL^r. '"'"'^ 
hereby authorized and empowered, upon the appli- 
catioil pf the trustees of the Boston Lying-in Hos- 



574 LYING-IN HOSPITAL. March 1, 1833. 

pita), 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 mem- 
bers thereof, its clerk, and of any other person or 
persons whomsoever, 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 deposi- 
tion 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 fur- 
nished by said corporation, and by said trustees 
respectively. The said justices shall administer 
the oath to the deponent, and certify the caption 
in the respective books furnished as aforesaid, in 
substance as is prescribed by the statute relating 
to taking depositions in perpetual remembrance of 
Proviso. the thing : provided, however, that before the said 

justices shall proceed to take any of said deposi- 
tions, 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 in- 
terested therein may appear, if they see cause, and 



LYING-IN HOSPITAL. March I, 1833. 575 

propose such interrogatories and cross-interrogato- 
ries relating to the subject matter, as shall be by 
said justices deemed proper. Copies of said depo- 
sitions, any or either of them, written in the record 
book of said corporation 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 re- 
spectively 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 destroyed by fire. 

Sec. 2. Be it further enacted, That the said Depositions may 

•^ ' be used as evi- 

depositions, any or either of them, and the caption, '^«°'=e. 
shall, within ninety days 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 
depositions, any or either of them, respect real 
estate, or the purchase thereof; and a certificate 
of such record shall be made on the said deposi- 
tions 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. 

[Approved by the Governor, March 1, 1833.] 



576 TAUNTON FIRST UNI. SOC. March 1, 1833. 



CHAP. LX. 

An Act to incorporate the First Universalist Society 
in Taunton. 

Sec. 1. 13E it enacted by the Senate and House 
of Representatives in General Court assembled, and 

fZT' '"'°''^°" by the authority of the same, That William W. 
Grossman, Ichabod Bosworth, Jr., and Isaac Babbit, 
and all others who may associate with them, be, 
and they are hereby incorporated into a religious 
society, by the name of the First Universalist So- 
ciety in Taunton, with all the privileges, powers 
and immunities to which other religious societies in 
this Commonwealth are entitled by law. 

By-laws. Sec. 2. Bc It furthcr enacted, That said society 

shall have power to ordain and establish such rules, 
regulations and by-laws, for the management of 
their concerns, as they may think proper, not re- 
pugnant to the constitution and laws of this Com- 
monwealth. 

First meeting. Sec. 3. Bc it furthcr euactcd, That any one of 

the persons 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. 

[Approved by the Governor, March 1, 1833.] 



CHARLESTOWN FEM. SEM. March 1, 1833. 577 



CHAP. LXI. 

An Act to incorporate the Trustees of the Charles- 
town Female Seminary. 

Sec. 1. I3E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Henry Jackson, f^^^^^J*"* incorpo 
Benjamin Badger, Jr., Oliver Holden, John W. 
Valentine, Daniel White, their associates and suc- 
cessors in office, be, and they hereby are incorpora- 
ted 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 similar corporations, and make 
all necessary by-laws, not repugnant to the consti- 
tution and laws of this Commonwealth. 

Sec. 2. Be it further enacted, That the number Nu^i'^er of tms- 

t^ ' tees. 

of trustees 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 oth- 
erwise, to discharge the duties of their office. 

Sec. 3. Be it further enacted, That any two of First meeting. 
the persons named in this act may call the first 
meeting of said corporation, by giving notice of the 
time and place, seven days at least previously there- 
to, in the Bunker Hill Aurora. 

[Approved by the Governor, March 1, 1833.] 



578 WATCH FOR BOSTON. March 2, 1833. 



CHAP. LXH. 



An Act in addition to " An Act to establish a Watch 
for preserving the safety and good order of the 
Town of Boston." 

13 E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
men authorized'^ % ^^^ ^^'^^^ority of thc samc, That whenever the 
to set watch. major and aldermen of the city of Boston shall es- 
tablish a Watch within said city, in pursuance 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 hundred 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 here- 
by 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. 

[Approved by the Governor, March 2, 1833.] 



SURETIES OF THE PEACE. March 2, 1833. 579 



CHAP. LXHI. 



All Act respecting Sureties of the Peace. 

Sec. 1. Be it enacted hy the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That, after the thirty sureties of the 
first day of March next, whenever any person is ^^^'^^' 
brought before a justice of the peace on articles of 
the peace exhibited against him, the justice is here- 
by authorized to require him to find sureties of the 
peace for a fixed time, not exceeding six months, in 
every case where by law sureties of the peace can 
be required, and may commit such person to prison 
or to a house of correction, for such fixed time, 
unless the respondent shall find sureties of the peace, 
according to the order or sentence which said jus- 
tice shall pass in the premises. Provided, that such 
person, upon giving sureties of the peace for the 
meantime, may enter an appeal from said order or 
sentence, to the next court of common pleas for the 
county. 

Sec. 2. Be it further enacted, That after said jusUces of the 
thirty-first day of March, no justice of the peace derTplTrson ?o' 
shall order any person, against whom articles of the uniTs^ s^uspected 
peace shall be exhibited, to appear at the next court L'^ioSe^de- 

^ 1 1 1 1 II 1 I mandinff thecoff- 

of common pleas, unkess such person snail also be nizance of said 
guilty, or reasonably suspected to be guilty, of an 
offence demanding the cognizance of said court, in 
which case, the said justice shall be authorized as 
heretofore, in binding over such person for his ap- 

74 



court. 



580 LOWELL POLICE COURT. March 2, 1833. 

pearance at said court, to require of him sureties of 
the peace for his good behaviour in the meantime. 
Provisions of this Sec. 3. Be it furtJicr enacted, That the provi- 
rrUunty'o/ sions of this act shall not extend to the county of 
^"«"°''- Suffolk. 

[Approved bj the Governor, March 2, 1833.] 



CHAP. LXIV. 

An Act to establish a Police Court in the tovvn of 

Lowell. 

Sec. 1. Be ?7 eiiacted by the Senate and House 

of Representatives in General Court assembled^ and 

One learned, bij thc ttuthoritv of the samc, That there hereby is 

able, and dis- i.-ii .•• , ri ii- i 

creet person to established, witum the town ot Lowell, m the county 

be appointed and r t\M' ^ ^^ t\ ^• r> • r i 

commissioned by of Middlesex, a Police Court, to consist ot one learn- 

the Governor. i • i i 

ed, able and discreet person, to be appointed and 
commissioned by the Governor, pursuant to the 
constitution, to take cognizance of all crimes, offen- 
ces and misdemeanors committed within the town 
of Lowell, whereof justices of the peace now have 
or may hereafter have 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 au- 
thority which are or may be vested in justices of the 
peace, and do all acts necessary to, and consistent 
with such powers and authority. And the said Police 
Court shall also have original jurisdiction and cogni- 
zance of all suits and actions which may now, or at any 
time hereafter, be heard, tried and determined before 



LOWELL POLICE COURT. March 2, 1833. 581 

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 judg- 
ments 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 attor- 
ney to any party in any matter or thing whatsoever, 
which may be pending in said court. 

Sec. 2, Be it further enacted^ That all warrants warrants. 
issued by said court, or by any justice of the peace 
within said town, shall be made returnable and be 
returned before said court, and if any warrant shall 
be issued by any justice of the peace returnable be- 
fore 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 man- 
ner as thouffh said warrant had been issued bv a 
justice of the peace, according to the law now in 
force. 

Sec. 3. Be it further enacted, That all lines Fines and for- 

n • 111 • • • I feitures. 

and forfeitures, and all costs in criminal prosecu- 
tions, 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 prosecu- 
tions riot thus received shall be made up, taxed, cer- 



562 



LOWELL POLICE COURT. March 2, 1833. 



Justice to hold 
eourt at some 
suitable place. 



tified and allowed, and shall he paid and satisfied 
in like manner as provided by law in cases of jus- 
tices of the peace. 

Sec. 4. Be it further enacted, That a court shall 
be held by said justice, at some suitable and conve- 
nient place, to be provided 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 jus- 
tice thereof, and at such other times as may be 
necessary, for the trial of civil suits and actions. 
And thejustice of said court shall, from time to time, 
establish all necessary rules for the orderly and uni- 
form conducting of the business thereof. 

Sec. 5. Be it further enacted, That the justice 
of said court 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 prosecutions, in 
full compensation for all services assigned to him by 
the provisions of this act. 

Sec. 6. Be it further enacted, That the justice 
of said court shall keep a fair record of all proceed- 
ings in said court, 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 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. 
Determiuatioii of §£(.. 7. Bs it further encictcd, That all suits, 

suits. ♦^ . ' ' 

actions and prosecutions, which shall be instituted 
and pending before any justice of the peace within 



Fees 



Record of pro 
eeedings. 



LOWELL POLICE COURT. March 2, 1833. 583 

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

Sec. 8. Be it further enacted, That there shall His Excellency 

^, . tlie Governor to 

be appointed by the Governor, by and with the appoint two spo- 

. r 1 • • • ^'*' justices. 

advice and consent of the Council, two special jus- 
tices of said court, and whenever it shall happen 
that the standing justice of said court shall be inter- 
ested 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 stand- 
ing or special justice, and the court shall be held, 
and its jurisdiction exercised by one of said special 
justices. And the said special justice shall be paid 
for the services by him performed, out of the fees 
received in said court, such sum as the standing jus- 
tice would be entitled to receive for the same servi- 
ces. 

Sec. 9. Be it further enacted, That this act shall itio'o'^'Sof "* 
go into operation from and after the thirty-first day 
of March next, and the Governor shall have power, 
by and wdth the advice and consent of the Council, 
to appoint said justice and special justices, at any 
time after the passing of this act. 

[Approved by the Governor, March 2, 1833. 



584 NATICK PAPER CO. March 2, 1833. 



CHAP. LXV. 

An Act to incorporate the Natick Paper Company. 

Sec. I. Jl>E it enacted by the Senate and House 
of Representatives in General Court assembled^ and 

Persons incorpo- ^^ ^j^^ authority of thc saMC, That Lemuel Blake, 
Josiah N. Bird, and David Francis, 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 Company, for the purpose of 
manufacturing paper at Natick, 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 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 man- 
ufacturing companies." 

Real and person- Sec. 2. Bc it furthcr cnactcd, That the said 
corporation may take and hold such real estate at 
said Natick, not exceeding in value the sum of forty 
thousand dollars, and such personal estate, not ex- 
ceeding in value sixty thousand dollars, as may be 
suitable and necessary for carrying on the manufac- 
ture aforesaid. 

[Approved by the Governor, March 2, 1833.] 



BARNSTABLE CO. INS. COM. March 2, 1833. 686 



CHAP, LXVI. 

An Act to incorporate the Barnstable County Mu- 
tual Fire Insurance Company. 

Sec. 1. ijE z7 enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, ThatZenas D. Basset, Persons incorpo- 
Ebenezer Bacon, Amos Otis, Jr., and their asso- 
ciates, successors and assigns, are hereby constituted 
a body politic and corporate, by the name of the Barn- 
stable County Mutual Fire Insurance Company, with 
all the powers and privileges incident to such corpo- 
rations, and subject to all the duties and obligations 
contained in a law entitled " an act to define the 
powers, duties and restrictions of insurance compa- 
nies," 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 powers, 
duties 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. 

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

. . J tion amounts *• 

sum subscribed by the associates to be msured, fifty thousand 
shall amount to fifty thousand dollars, said corpora- 
tion may insure for the term of from one to seven 
years, any buildings, goods or moveables whatsoever, 
in the county of Barnstable, to any amount not ex- 
ceeding three fourths of the value of the property 
insured. 



686 BARNSTABLE CO. INS. COM. March 2, 1833. 

Fluids. Sec. 3. Be it further enacted, That the funds of 

the corporation shall be vested in stocks, or loaned 
on such security as the directors may order, and 
shall be appropriated first to pay the expenses of 
the corporation, and next to pay the damages which 
any member may be entitled to recover on his policy. 
In case any member shall have a just claim against 
the corporation exceeding the amount of their then 
existing funds, the directors shall, without delay, 
assess such sum as may be necessary, on the mem- 
bers, 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. 

Execution, how gj.^-,^ 4^ ^g ^7 further enacttcl. That whenever 

levied. ^ 

any mem.ber shall recover judgment against said 
corporation, and the directors shall neglect to satisfy 
and pay the same within sixty days after demand 
made for that purpose upon the treasurer, clerk, or 
any director of said corporation, then the execution 
issuing upon such judgment may be levied upon the 
private property of any of said directors, to the 
amount of the excess of the funds of the corpora- 
tion, together vvith the amount of all the assess- 
ments 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 pro- 
portional part thereof, and contribution therefor of 
the other directors. 
poHcies. Sec. 5. Be it further e7iacted, That each policy 

of insurance 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 



BARNSTABLE CO. INS. COM. March 2, 1833, 587 

deposit money stipulated in said policy, and of all 
assessments lavvfuUy made by virtue thereof; but 
this provision shall not prevent the taking of other 
collateral security, and in case it shall become ne- 
cessary to resort to the lien on the property in- 
sured, the treasurer shall demand payment of the 
insured, or his legal representative, and likewise of 
the tenant in possession, and in case of non-pay- 
ment, the corporation may sustain an action for any 
sum due, either on the deposit note or by assess- 
ment, 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 re- 
demption 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. 

Sec. 6. Be it further enacted, That all persons Members. 
insuring at the office of said company, shall be 
deemed and taken to be members of said corpora- 
tion ; and at all meetings, not less than ten mem- 
bers 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. 

[Approved by the Governor, March 2, 1833.] 



75 



588 STATE PRISON. March ^,ISSS, 



CHAP. LXVII. 

An Act in addition to " An Act providing for the 
government and regulation of the State Prison." 

Sec. 1 . JdE 27 enacted by the Senate and House 

of Representatives in General Court assembled, and 

Salaries of jyy ij^q authoritii of thc same, 'I'hat from and after 

watchmen in- «/ , «/ »' ' 

creased. ^j^g ^^^^ ^^y ^^ April ncxt, One hundred dollars a 

year shall be allowed to each watchman of the 
State Prison, in addition to their present salary. 

Inspectors and gj,^, 2. Bc it further enucted, That the inspec- 

warden may m- <^ ' I 

crease salary of ^^^s and Warden of the State Prison may allow to 

overseer of the J 

ment '^^''^^' ' the ovcrsccr in the stone department an addition to 
his present salary, of a sum not exceeding one hun- 
dred dollars a year, when, in their opinion, the in- 
terest of the institution may require it. 

Warden may Sec. 3. Bc it furthcr euttcted, That the warden 

make an addition -r» • i • t 

to the rations, of the State Prison may, at his discretion, make an 
addition to the rations as now provided by law, in 
favor of those convicts for whom, in his opinion, the 
present rations are insufficient, not exceeding two 
ounces of beef or pork, or the value thereof in meal, 
rice, or vegetables, to each convict. 

Part of former Sec. 4. Bc it furthcr enacted, That the second 

act repccJed. ^ 

section of an act passed the thirteenth day of March, 
in the year of our Lord one thousand eight hundred 
and thirty-two, entitled an act providing for the 
government and regulation of the State Prison, be, 
and the same is hereby repealed. 



[Approved by the Governor, March 2, 1833.] 



DISTRICTS OF COMMONW. March 5, 1833. 589 



CHAP. LXYIII. 



An Act to divide the Commonwealth into Districts 
for the choice of Representatives in the Congress 
of the United States, and prescribing the mode 
of election. 

Sec. I. UE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That this Common- Division of the 

,,, i*i 1 • i'*ii' 1 T Commonwealth 

wealth be, and it hereby is, divided into twelve dis- into districts. 
tricts, as are in this act defined and described, for 
the purpose of choosing representatives to repre- 
sent this Commonwealth in the Congress of the 
United States, in each of which districts one repre- 
sentative, being an inhabitant of the district for 
which he shall be elected, shall be chosen in the 
manner hereinafter described. 

Sec. 2. Be it further enacted. That the said Limitation, &c. 
twelve districts shall be formed and limited in the 
manner following, viz. 

The city of Boston shall constitute one district, 
and be called district number one. 

The towns of Gloucester, Manchester, Essex, 
Wenham, Beverly, Salem, Danvers, Lynnfield, 
Lynn, Saugus, Marblehead, Chelsea, Ipswich, and 
Hamilton, shall constitute one district, and be called 
district number two. 

The towns in the county of Essex, not before 
enumerated, with the towns of Dracut, Lowell, 
Tewksbury, Billerica, Wilmington, Reading, and 
South Reading, shall constitute one district, and be 
called district number three. 



590 DISTRICTS OF COMMON W. March 5, 1833. 



Division of the 
Commonwealth 
into districts. 



The towns and district in the county of Middlesex, 
excepting the towns herein before enumerated, and 
excepting also the towns of Brighton, Newton, Na- 
tick, Sherburne, Hopkinton and HoUiston, shall form 
one district, and be called district number four. 

The towns of Winchendon, Ashburnham, Lunen- 
burg, Fitchburg, Westminster, Gardner, Hubbards- 
ton, Princeton, Leominster, No Town, Lancaster, 
Harvard, Bolton, Berlin, Sterling, Holden, Rutland, 
Oakham, Paxton, Bojlston, West Boylstoa, Shrews- 
bury, Worcester, Leicester, Spencer, Ward, Oxford, 
Dudley, Webster, Charlton, Millbury, Southbridge, 
Northborough, Grafton and Sutton, shall form one 
district, and be called district number five. 

The towns of Ashfield, Buckland, Bernardston, 
Coleraine, Conway, Deerfield, Gill, Greenfield, 
Heath, Leyden, Shelburne, Whately, Orange, Wen- 
dell, Warwick, Leverett, New Salem, Northfield, 
Montague, Sunderland, Shutesbury, Erving's Grant, 
Pelham, Prescott, Amherst, Hadley, Hatfield, Wil- 
liamsburg, Goshen, Greenwich, Chesterfield, En- 
field, Royalston, Athol, Phillipston, Templeton, Pe- 
tersham, Dana, Barre and Hard wick, shall form one 
district, and be called district number six. 

The county of Berkshire, together with the towns 
of Monroe, Rowe, Charlemont, Hawley, Plainfield, 
Cummington, Worthington, Middlefield, Norwich, 
Chester, Blandford and Tolland, shall form one dis- 
trict, and be called district number seven. 

The towns of West Springfield, Westfield, Gran- 
ville, Russell, Montgomery, Southwick, Holland, 
Wales, Brimfield, Monson, Palmer, Ludlow, Spring- 
field, Longmeadow, Wilbraham, Belchertown, 
Easthampton, Granby, Northampton, South Had- 
ley, Southampton, Ware, Westhampton, Sturbridge, 



DISTRICTS OF COMMONW. March 5, 1833. 691 

Western, Btookffeld, North Brookfield and New Division of the 

Commonwealth 

Braintree, shall form one district, and be called imo districts. 
district number eight. 

The towns of Brighton, Newton, Natick, Sher- 
burne, Hopkinton, Holliston, Roxbury, Brookline, 
Dedham, Needham, Dover, Canton, Sharon, Wal- 
pole, Medfield, Medway, Wrentham, Foxborough, 
Franklin, Bellingham, Mendon, Milford, Upton, 
Westborough, Southborough, Douglas, Oxbridge 
and Northbridge, shall form one district, and be 
called district number nine. 

The towns in the county of Bristol (excepting 
the towns of New Bedford and Fairhaven,) togeth- 
er with the towns of Bridgewater, North Bridge- 
water, West Bridgewater, East Bridgewater, and 
Middleborough in the county of Plymouth, shall 
form one district, and be called district number ten. 

The counties of Barnstable, Nantucket and 
Dukes, and the towns of New Bedford and Fair- 
haven, in Bristol County, shall form one district, 
and be called district number eleven. 

The towns in the county of Plymouth, not here- 
in before enumerated, with the towns of Cohasset, 
Weymouth, Randolph, Stoughton, Braintree, Quin- 
cy, Milton, and Dorchester, shall form one district, 
and be called district number twelve. 

Sec. 3. Be it further enacted, That the mayor Mode of election. 
and aldermen of the city of Boston, and the select- 
men of the several towns and districts within this 
Commonwealth, shall, in the manner the law di- 
rects for holding elections therein, cause the inha- 
bitants of said city, towns and districts, duly quali- 
fied to vote for representatives in the- General 
Court of this Commonwealth, to assemble on the 
first Monday of April next, and thcreafterward bi- 



592 DISTRICTS OF COMMON W. March 5, 1833. 

ennially on the second Monday "in November, be- 
ginning on the second Monday in November, in the 
year of our Lord eighteen hundred and thirty four, 
to give in their votes for their representatives res- 
spectively, and at such town or district meetings, 
the selectmen, or the major part of them, shall pre- 
side, and shall, in open town meeting, receive, sort 
and count the votes, and shall form a list of the 
names of the persons voted for, with the number of 
votes for each person written in words at length 
against his name, and the town clerk shall make a 
record thereof, and the selectmen shall, in such 
meeting, make public declaration of the persons 
voted for, and of the number of votes they respec- 
tively have, and shall, in open town meeting, seal 
up the said lists, certified by the selectmen, and 
express, on the outside of the said list, the district 
in which the said votes were given, and shall trans- 
Time within mit the same, within three days after the day of 

whicli returns are _ ^ "^ _ "^ ^ 

to be made. such clcction, to the sheriff of the county in which 
such town or district lies ; and the said sheriff shall 
transmit the same to the secretary of the Common- 
wealth within seven days thereafter, or the said 
mayor and aldermen or selectmen may themselves 
transmit the same to the secretary of ihe Common- 
wealth within ten days after the day of said elec- 
incaseofan tiou. lu thc Said city of Boston, the said election 
Governor shall shall bc held, and all the proceedings thereon had, 
ceriy e same. ^^^ ^^^ retuFUS thcrcof made, in conformity with the 
directions of the act establishing the city of Boston. 
And the secretary shall lay the same before the Gov- 
ernor and Council, and in case of an election for any 
district, by a majority of the votes returned from 
said district, the Governor shall forthwith transmit 
to the person so chosen, a certificate of such choice, 



DISTRICTS OF COMMON VV. March 5, 1833. 593 

signed by the Governor and countersigned bj the 
secretary ; and the selectmen of such towns and dis- 
tricts as lie within any county in which there may 
be no sheriff, shall return such list to the secretary's 
office within the same term of time as sheriffs are 
required to do. 

Sec. 4. Be it further enacted, That in case do in ease no person 

1 n 1 1 I • • . /» 11 .1 shall be chosen, 

person shall be chosen by a majority oi all the Governor shaii 
votes returned from any district, the Governor shall Issued &c?^^^^ ** 
cause precepts to issue to the mayor and aldermen 
of the city of Boston, or the selectmen of the sev- 
eral towns and districts within such congressional 
district, directing and requiring said mayor and 
aldermen, or selectmen, to cause the inhabitants 
of their respective towns and districts, qualified as 
aforesaid, to assemble as aforesaid, on a day in 
such precept to be appointed, to give their votes 
for a representative in congress, which precept 
shall be accompanied with a list of such persons 
voted for in such district, as shall have received as 
many as fifty votes, showing the number of votes 
for each person, according to such first return ; 
and the same proceedings shall be had thereon, 
and the same returns made in all respects as before 
directed in this act, and like proceedings shall be 
had as often as occasion may require. 

Sec. 5. Be it further enacted, That whenever ^hen vacancy 
any vacancy shall happen in the representation of the'lepreSa-'° 
this Commonwealth, in the congress of the United mon^Uithhr"" 
States, the Governor shall cause precepts to issue '=°"S'-ess. 
to the said mayor and aldermen, or the selectmen 
of the several towns and districts, within any dis- 
trict in which such vacancy may happen, directing 
and requiring them to cause the inhabitants of 
their respective towns and districts, or of said city, 



594 DISTRICTS OF COMMON W. March 5, 1833. 

to assemble on a day in such precept to be ap- 
pointed, to give in their votes for a representative 
to supply such vacancy, and like proceedings, in 
all respects, shall be had, from time to time, as 
are herein before provided. 

Duties of sheriffs. Sec. 6. Be it further enacted, That it shall be 
the duty of the several sheriffs of the respective 
counties of this Commonwealth, on receiving co- 
pies of this act, or any precept from the Governor, 
for the purpose herein mentioned, to transmit the 
same seasonably, to the selectmen of the several 
towns and districts within their respective coun- 
ties, to whom such precepts or copies may be 
directed. And the several sheriffs shall, for said 
service, be entitled to receive, out of the treasury 
of this Commonwealth, fifty cents for each of the 
said copies, and of the precepts so by them season- 
ably distributed to the selectmen of the several 
towns and districts as aforesaid, and for returning 
the votes from all the towns within the respective 
counties, which may be seasonably delivered to 
him as aforesaid, each sheriff shall be entitled to 
receive seventeen cents a niiie, computing from 
the place of abode of each sheriff, to the secretary's 
office ; and in either case the sheriffs shall present 
their accounts to the treasurer of the Common- 
wealth for examination and allowance. 

gkcfifduty."" Sec. 7. Be it further enacted, That any sheriff 
who shall neglect to perform the duties which by 
this act he is directed to perform, shall, for each 
neglect, forfeit and pay a sum not exceeding two 
thousand dollars, nor less than two hundred dol- 
lars ; and if any selectman, or the mayor or either 
of the aldermen or ward officers of the city of 
Boston, shall neglect to perform any of the duties 



EDGARTOWN ACADEMY. March 5, 1833. 595 

which by this act they are required to perform, 
each officer so neglecting shall forfeit and pay a 
sum not exceeding two hundred dollars, nor less 
than thirty dollars, for any such neglect ; said for- 
feitures to be recovered by indictment before any 
court of competent jurisdiction, which forfeiture 
shall enure, one half thereof to the person or per- 
sons who shall prosecute for the same, and the 
other half to the use of the Commonwealth. 

Sec. 8. Be it further enacted, That all acts and Former acts re^ 

^ _ _ pealed. 

parts of acts, inconsistent with the provisions of 
this act, be, and the same hereby are repealed. 

[Approved by the Governor, March 5, 1833.] 



CHAP. LXIX. 

An Act to incorporate the Proprietors of Edgar- 
town Academy. 

Sec. 1. oE it enacted by the Senate and House 
of Representatives in General Court assevnbled, and 
by the authority of the same, That Abraham Osborn, persons incorpo- 
Allen Coffin, Timothy Coffin, Daniel Fellows, and 
Valentine Pease, with their associates and succes- 
sors, be, and they hereby are incorporated as the 
Proprietors of the Edgartowu Academy, in the 
county of Dukes County, with power to hold real 
estate, not exceeding m value ten thousand dollars, 
and personal estate not exceeding ten thousand 
dollars, to be devoted exclusively to the purposes 
of education. And said corporation shall have all 
the powers usually granted to siuiilar corporations, 
76 



596 TREMONT INS. CO. March 7, 1833. 

and may make all necessary by-laws, not repug- 
nant to the laws of this Commonwealth. 
First meeting. g^^^ Q. Bc it furiker endcted, That Daniel 

Fellows be authorized to call the first meeting of 
said proprietors, by posting up his written notifica- 
tion thereof in some public place in said Edgar- 
town, at least three days before the time of said 
meeting. 

[Approved by the Governor, March 5, 1833.] 



CHAP. LXX. 

An Act to incorporate the Tremont Insurance 
Company. 

Sec. I. oE it enacted by the Senate and House 
of Representatives iji General Court assembled, and 
fa^ed"'^ '"^*"^''' % i/ie authority of the same, That John Binney, 
and his associates, and their successors and as- 
signs, be, and they hereby are made a body politic, 
by the name of the Tremont Insurance Company, 
for the purpose of making maritime loans and in- 
surance against maritime losses, also to make 
insurance against fire, in the 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 the sixteenth day of 
February, one thousand eight Imndred and eighteen, 
and in an act in addition thereto, passed the sixth 
day of March, one thousand eight hundred and 
thirty-two, entitled an act in addition to an act to 



TREMONT INS. CO. Mcirch 7, 1833. 597 

define the powers, duties and restrictions of in- 
surance companies, and also a law of this Com- 
monwealth entitled an act authorizing the several 
insurance 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 aforesaid, they may sue and be sued, plead 
and be impleaded, appear, prosecute and defend 
to final judgment and execution, and they may 
have a conmion 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 thousand dollars, except- 
ing such as shall be taken for debt, or held as col- 
lateral security for money due to said company. 

Sec. 2. Be it further enacted, That the capital shares. 
stock of said company shall be two hundred thou- 
sand dollars, and shall be divided into shares of 
one hundred dollars, and shall be collected and 
paid in, in such instalments, and under such pro- 
visions and penalties as the president ajid directors 
of said company may order and appoint. 

Sec. 3. Be it further enacted. That said Tre- Loeaiion. 
mont Insurance Company shall be located in Boston. 

[Approved by the Governor, March 7, 1833.] 



698 HOPKINTON & UPTON LANDS. March 7, 1833. 



CHAP. LXXI. 

An Act to remove the Records of the Lands in 
Hopkinton and Upton, lately belonging to the 
Hopkins donation or trust, and for other pur- 
poses. 

Sec. L UE it enacted by the Senate and House 

of Representatives in General Court asseinbled, and 

Books,&c. tobe by the authority of the same, That, after the first day 

re^listry of 'deeds of Junc uext, tlic books of rccords of deeds and 

for the county of , r i 1 i ■ - i r 

Middlesex. Other conveyances ot lands, lying in the towns ot 
Hopkinton, in the county of Middlesex, and of 
Upton, in the county of Worcester, lately belonging 
to the Hopkins donation or trust, shall be deposited 
and kept in the registry of deeds for the county of 
Middlesex, and it shall be the duty of the register 
of deeds for said Hopkinton and Upton lands, to 
cause the said records, together with any original 
deeds left with him for registry, and remaining on 
his files, to be removed 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 register 
of deeds for the county of Middlesex, to receive 
and keep said records, together with said original 
deeds, till called for by the owners thereof, and to 
record all deeds, conveyances and executions made 
of, and extended upon any of the lands in said 
town of Hopkinton, as well those lately belonging 
to said Hopkins 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 left with him, or any future records cer- 



HOPKINTON& UPTON LANDS. MircA 7, 1833. 599 

tified by him, shall be as valid in law as copies of 
any other of his records. 

Sec. 2. Be it further enacted, That it shall be Duty of register 
the duty of the register of deeds for the county of coumy of°wor^ 
Worcester, to record 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 manner as if they were in any other part 
of said county of Worcester ; and for making said 
records, or copies thereof, he, as well as said regis- 
ter 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 execution. 

Sec. 3. Be it further enacted, That all acts and a" acts and 

. , parts of acts in- 

parts of acts requiring the trustees of the charity consistent wth 

* . . ""' provisions of 

of Edward Hopkins, or of the Hopkins donation f'is act, repealed. 
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. 

Sec. 4. Be it further enacted, That the records Records confirm- 
of deeds, and 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 maybe situated, be, and the same are hereby 
confirmed and made valid in law : provided, that 
nothing in this section contained, shall be con- 
strued to affect any rights to said lands now vested 
and accrued. 

[Approved by the Governor, March 7, 1833.] 



600 MIDDLESEX INS. CO. March!, 1833. 



CHAP. LXXII. 

An Act in addition to " An Act to incorporate the 
Middlesex Mutual Fire Insurance Company." 

Sec. 1 . IjE ^7 enacted by the Senate and House 
of Representatives in General Court assembled, and 
members! ^ bij the authority of the same, That if any member 
of the " Middlesex Mutual Fire Insurance Com- 
pany," who has obtained, or shall obtain insurance 
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 repre- 
sentatives, 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 assessments made upon him as a 
member of said corporation, pursuant to the pro- 
visions 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 ob- 
tained 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 same, with costs, by a sale 
and conveyance of said buildings, with the land 
under the same, or by a sale and conveyance of 
any part thereof, giving the same notice, and pro- 
ceeding in the same manner as is required in the 
sale of equities of redemption on execution. And 



BOST. SEAMEN'S SAV. BANK. March 7, 1833. 601 

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. 

Sec. 2. Be it further enacted, That no officer no officer to be 

,,,,,. T /- 1 • • • 1 dis(jualified by 

shall be disquahiied to act in any case arising under reason of wsbe- 
this act, by reason of his being a member of said '"^^ ""^^ ^^' 
corporation, and if otherwise qualified, he may 
serve any civil process in vv^hich said corporation 
may be a party. 

[Approved by the Governor, March 7, 1833.] 



CHAP. LXXIII. 

An Act to incorporate the Savings Bank for Sea- 
men in the City of Boston. 

Sec. 1. Be «7 enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the satne, That Pliny Cutler, Persons incorpo- 
George Hallet, William Lawrence, Benjamin Sea- ''''''" 
ver, Thomas Motley, George W. Crockett, William 
Worthington, Newton Willey, William B. Reynolds, 
William W. Stone, James Means, Benjamin Rich, 
Lot Wheelwright, Joseph Cotton, Jr., Lot Wheel- 
wright, Jr., Josiah W. Blake, Thomas Vose, Na- 
thaniel Dana, Charles Scudder, Samuel H. Walley, 
Jr., Enoch Train, Edward D. Peters, Joseph Bal- 
hster, Thomas K. Davis, William W. Motley, Peleg 
Churchill, Daniel C. Bacon, and Alfred Richard- 
son, be, and they hereby are created a corporation, 



602 



BOST. SEAMEN'S SAV. BANK. Marchl, 1833. 



Deposits. 



Investments. 



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 cor- 
poration, shall be a body politic and corporate, by 
the same name and title. 

Sec. 2. Be it further enacted, That the said 
corporation 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 ac- 
cording to the directions herein mentioned and 
provided ; and each depositor shall receive a book 
of deposit, in which shall be entered all sums de- 
posited. 

Sec. 3. Be it further enacted, That all deposits 
of money received by the said corporation, may be 
invested in any public stocks created under, and 
by virtue of any law of the United States, or of 
this Commonwealth, or of the city of Boston, or in 
the capital stock of any bank within this Common- 
wealth, or loaned 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 de- 
posits shall be invested in any other manner, or 
loaned upon 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 representa- 
tives, 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 
substance of which regulations shall be printed in 
the book of deposit received by each depositor 



BOST. SEAMEN'S SAV. BANK. 31arch 7, 1833. 603 

and no officer or member of said corporation shall 
borrow any portion ot such deposits, or use the 
same, except to pay the expenses of thcxcorporation. 

Sec. 4. Be it furihci' enacted^ That the said New members. 
corporation shall have power to elect new mem- 
bers, by ballot, at their annunl meeting in each 
year, and any member, upon filing a written notice 
with the president thereof, three months prior, 
may, at any such meeting of said corporation, 
withdraw, and forever dissolve his connection with 
the same. 

Sec. 5. Be it further enacted., That the officers officers. 
of said corporation shall be a president, vice presi- 
dent, secretary, treasurer, and twenty-four mana- 
gers, 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. 

Sec. 6. Be it further enacted, That the said ^.J;:!?''""^ 
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, ac- 
cording to their instruction, shall be good and 
valid ; and the said corporation shall at all times 
have power to sue, and they may be sued, and 
may defend, and shall be held to answer by the 
name and title aforesaid. 

Sec. 7. Be it further enacted, That the said By-iaws. 
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 
Commonwealth. 
77 



604 SCHOOL DISTRICTS. March 1,\S53. 

First meeting. g^c. 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. 

Statement of af- g^^. 9. Bc it further cnactBcL That the officers 

fairs. ^ 

and agents of said corporation 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 sub- 
mit to be examined by them, under oath, concern- 
ing the same. 
Treasurer to give ggc. 10. Be it fufthcr cnactecl, That the treas- 

bonds. -^ ' 

urer of said corporation shall give bonds for the 
faithful performance of his duties, in a sum not 
less than five thousand dollars. 

[Approved by the Governor, March 7, 1833.] 



CHAP. LXXIV. 

An Act concerning School Districts. 

15 E it enacted by the Senate and House 
of Representatives in Geiieral Court assembled, and 
5Ior1zed°&c"' ^V ^'^^ authority of the same, That whenever, at any 
meeting of a school district, a clerk of said district 
shall be chosen, and no justice of the peace shall 
be present to administer the oath required by law, 
to be taken by the person so chosen into office, 
the moderator of said meeting is hereby authorized 
to administer the same. 

[Approved by the Governor, March 7, 1833.] 



ANDOVER PARSON. LANDS. March 7, 1833. 605 



CHAP. LXXV. 

An Act in addition to the Act of 1810, chapter 49, 
relative to Parsonage Lands in the south parish 
in Andover. 

13 E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That, from and after Trustees requir- 

. • r ]i • ,1 ^ 1 /> 1 cd to pay interest. 

the passing oi tins act, the trustees of the fund 
provided for in the act to which this act is addi- 
tional, and their successors, are hereby authorized 
and required to pay over 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 notwith- 
standing. 

[Approved by the Governor, March 7, 1833.] 



CHAP. LXXVI. 

An Act to incorporate the Pacific Insurance Com- 
pany. 

Sec. 1. .Be it enacted by the Seriate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That William God- Persons incorpo- 
dard, John L. Gardner, and William B. Swett, and 



606 PACIFIC INS. CO. March 1 , If^SS. 

their associates, and their successors and assigns, 
be, and they are hereby incorporated and made a 
body politic, by the name of the " Pacific Insu- 
rance Company," for the purpose of making mari- 
time loans, and insurance against maritime losses, 
also to make insurance against fire in the custom- 
ary 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 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- 
tion to an act to define the powers, duties and re- 
strictions of insurance companies," and also a law 
of this Commonwealth, entitled " an act authoriz- 
ing the several insurance companies of this Com- 
monwealth to insure against fire," passed on the 
twenty-first day of February, in the year of our 
Lord one thousand eight hundred and twenty, for 
and during the term of twenty years from and after 
the passing of this act ; and by the name aforesaid, 
they may sue and be sued, plead and be impleaded, 
appear, prosecute and defend to final judgment and 
execution, and they may have a common seal, 
'which they may alter at pleasure, and they may 

Real and per ;on- purchasc, hold aud couvcy any estate, real or per- 
sonal, for the use of said company. Provided, that 
the 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. 

Capital stock. Sec. 2. Be it furthev enacted, That the capital 



ROCHESTER WHARF. March 7, 1833. 607 

stock of said company shall be two hundred thou- 
sand 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 di- 
rectors of said company shall order and appoint. 

Sec. 3. Be it further enacted, That the " Pa- Location. 
cific Insurance Company" shall be located in the 
city of Boston. 

[Approved by the Governor, March 7, 1833.] 



CHAP. LXXVII. 

An Act confirming the location of a Wharf in 
Rochester, and authorizing the extension of the 
same. 

UE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same. That David Hatha- Persons author 
way, and Zephaniah Eddy, of Rochester, in the 
county of Plymouth, and Charlton H. Wing, of 
Fairhaven, in the county of Bristol, be, and they 
are hereby authorized and allovved to maintain and 
continue their wharf at the '' Old Landing," so 
called, in said Rochester, and to extend the same. May extend 
witliout altering the direction thereof, to the edge 
of the channel, but not exceeding the distance of 
thirty feet beyond its present Imiits. Provided, that 
nothing in this act shall in anywise impair or inter- 
fere with the legal rights of any other person or 
persons whatsoever. 

[Approved by the Governor, March 7, 1833.] 



608 DUKES CO. ACADEMY. March!, 1833. 



CHAP. LXXVIII. 

An Act to authorize certain persons to call a meet- 
ing of the Dartmouth Bridge Company. 

Be it enacted by the Senate and House 

of Representatives in General Court assembled, and 

Either of the per- Jyy fhc autkoritii ofthc Same, That either of the per- 
sons named in •^ . ^ . 

the original act gons named in the first section of an act passed on 

may call a meet- ' 

»»&• the eighth day of February, in the year of our Lord 

one thousand eight hundred and twenty-eight, enti- 
tled " an act to 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 manner pointed out, in and by the second sec- 
tion of the act aforesaid. 

[Approved by the Governor, March 7, 1833.] 



CHAP. LXXIX. 

An Act to incorporate the Dukes County Academy. 

Sec. 1. Be it enacted by the Senate and House 
of Representatives in General Court assernbled, and 
Persons incorpo- f^y f}^^ authority of the same, That David Look, Ber- 
nard Luce, Harrison P. Mayhew, David Nickerson, 
and Charles P. Athearn, their associates and succes- 
sors, be, and they are hereby incorporated as the 



TISBURY METH. EPIS. SOC. Marchl, 1833. 609 

Trustees of Dukes County Academy, in the town 
of Tisbury, with power to hold real and personal feTuucfpSnai 
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 repug- 
nant to the laws of this Commonwealth. 

Sec. 2. Be it further eriaded, Th<\.t David hook Fitsi meeting. 
may call the first meeting of said corporation, by 
giving personal notice of the time and place there- 
of to each of the persons named in this act, seven 
days at least previous to the time of said meeting. 

[Approved by the Governor, March 7, 1833.] 



CHAP. LXXX. 



An Act to incorporate the First Methodist Episco- 
pal Society in Tisbury. 



Sec. 1. JjE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That William Daggett, persons incorpo- 
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 socie- 
ties are entitled by the constitution and laws of this 
Commonwealth, and with power to make all neces- 



610 JUSTICE IN SALEM. March 7, 1833. 

sary bj-laws and regulations not repugnant to the 
constitution and laws of this Commonwealth. 
First meeting. Sec. 2. Be it further enacted, That William 

Daggett, 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, specifying 
the time, place, and purposes of the same. 

[Approved by the Governor, March 7, 1 833.] 



CHAP. LXXXI. 



An Act in addition to An Act to regulate the Admin- 
istration of Justice in the town of Salem. 



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

of Representatives in General Court assembled, and 

Administration of 5?/ tJic authoritii oftlie sttinc, That the Justice of the 

justice m Salem. J" . , . ^ r i ro i i ii 

rolice Court, withui and for the town of balem, shall 
have original jurisdiction of all civil suits and ac- 
tions, of which justices of the peace in the county 
of Essex may or shall have cognizance in concur- 
rence with said justice, 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 



JUSTICE IN SALEM. March 7, 1833. 611 

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. 

Sec. 2. Be it further enacted, That said justice Justice may com- 
be, and he is hereby authorized, when he shall deem work-house. 
it advisable, to commit all persons convicted by said 
court of the offences described in the second section 
of the statute of one thousand seven 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 according to the 
rules and regulations which are or may be establish- 
ed for the government of said house, and at the ex- 
pense of said town of Salem. 

Sec. 3. Be it further enacted, That it shall be Justice may at 

•^ _ his discretion dis- 

lawful for the justice of said court at his discretion, charge any per- 

'> son trom impri- 

to discharge any person from imprisonment, who sonmem. 
shall have been confined under sentence of any 
court for three months or more, in default of pay- 
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. 

Sec. 4. Be it further enacted, That in all cases court to be or 

.... r r, 1 II c competent juris- 

arismg in the town of Salem under the statute or one diction. 
thousand eight 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 
dollars. Provided, that said court shall not have 
power to sentence to imprisonment under said act, 
and an aj.peal shall lie therefrom to the next court of 
common pleas in the county ot Essex. 
' 78 



612 PROVING. UNION WHARFCO. Marchl, 1833. 



court 



Time of holding §£c. 5. Be it further enacted, That from and 
after the first day of April ne.\t, said police court 
shall be held on the second and fourth Mondays of 
each month, at ten of the clock in the forenoon, to 
take cognizance of civil suits and actions, and that all 
writs and processes returnable to said court shall 
be made returnable on the days and at the hour 

above mentioned. 

• 

[Approved by the Governor, March 7, 1833.] 



CHAP. LXXXII. 

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

Sec. 1. JiE it enacted by the Senate and House 
'P^^^^^^^ '^"^^^m^^- of Representatives in General Court assembled, and 
by the authority of the same. That Jonathan Nick- 
erson, Thomas Nickerson, Stephen Nickerson and 
Samuel Soper, with their associates, successors or 
assigns, be, and they hereby are incorporated and 
made a body politic, by the name of " The Union 
Wharf Company 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 appoint such offi- 
cers and make such by-laws as may be necessary, 
Shares. "0^ inconsistent with the laws of this Common- 

wealth. And the property 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, 



PROVING. UNION WHARF CO. March 7, 1833. 613 

and in such manner, 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 Real and person- 

and personal estate held by said company shall not '''''"^" 

exceed the sum of thirty thousand dollars. 

Sec. 2. Be it further enacted, That the said M^y hold and 

possess certain 

company be, and the same hereby is declared and real and personal 

" , "^ estate, &c 

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 Province- 
town, 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 ex- 
tend the said wharf into the harbour of said Frov- 
incetown, to the distance of seventy-five rods from 
high water mark, and shall be also empowered to 
build and erect such wharf, or continue the said 
wharf, which is already erected upon the said premi- 
ses, to a width not exceeding four rods, and shall 
be entitled to all the rights, easements, privileges 
and appurtenances to the said premises belonging : 
provided, the lawful owners of said property shall 
legally convey the same to said Union Wharf Com- 
pany. And said company shall have and enjoy the p,.ivneges. 
right to lay vessels at the sides and ends of their 
said wharf, and receive dockage and wharfage there- 
for ; also to grant, sell and alien their corporate pro- 
perty, 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, 



614 PROVING. UNION WHARF CO. March 7, 1833. 

established by said company, shall not exceed the 
usual rates of wharfage and dockage in the city of 
Boston. 
Forms of certif:- Sec. 3. Be U fuftlier eiiactcd, That the said com- 
cates. pany shall agree upon the forms of certificates to be 

given to the proprietors or members of said com- 
pany, and the shares in said company shall be deem- 
ed and considered personal estate, and shall be trans- 
ferable 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 execu- 
tion, 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. 
Assessments. ^^c* ^* ^^ ^^ furtlitr etiacted, That the said 

company shall have power, from time to time, to 
assess on the stockholders such sums of money, not 
exceeding in the whole three hundred dollars on each 
share, for the purchase, improvement, and good man- 
agement of their estate, and for removing, construct- 
ing, erecting, repairing, or altering any buildings, 
wharf, docks, streets or passageways on the said 
premises, or for the improvement and mangement 
of the corporate property and estate agreeably to 
Neglect or refu- the truc iutcnt of this act. And in case any propri- 

sal to pay assess- i 1 1 r i 

meuts. etor shall reiuse or neglect to pay any assess- 

ment, the said company 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 notices 
in two public 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 purchaser of 



CORPORATIONS. March 8, 1833. 616 

such share or shares, so sold, shall be entitled to re- 
ceive a certificate of the same. 

Sec. 5. Be it further enacted, That either of the First meeting. 
persons named in the first section of this act may 
call the first meeting of said 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. 

Sec. 6. Be it further enacted, That nothing in Nothing in this 
this act contained shall be construed to authorize said t^o intLrfere'^vdUi 
corporation to interfere with the rights of any per- ^ghtr"*""' 
son or persons whatsoever. 

[Approved by the Governor, March 7, 1833.] 



CHAP. LXXXIII. 

An Act concerning Corporations. 

Sec. 1. I3E it enacted by the Senate and House 
of Representatives in General Court assernbled, and 
by the authority of the same, That hereafter, all cor- May sue and be 
porations, created by act of the legislature, shall, '"^ ' 
unless other provision be specially made, be capa- 
ble, in their corporate name, to sue and be sued, 
appear, prosecute and defend to final judgment 
and execution, in any courts of record, or in any 
other place whatever ; to have a common seal, 
which they may alter at pleasure ; to elect, in such 
manner as they shall determine to be proper, all 
needful officers, to fix their compensation, and to 
define their duties and obligations ; and to make 
by-laws and regulations, consistent with the consti- 



616 CORPORATIONS. March 8, 1833. 

' tution and laws of the Commonwealth, for their 
own government, and for the due and orderly con- 
ducting of their affairs, and the management of 
their property. 
First meeting^. Sec. 2. Be it further enacted, That the mode 
of calling the first meeting of all corporations, un- 
less otherwise specially provided for, shall be by a 
notice, setting forth the time, place and purposes 
of the meeting, signed by any one or more of the 
persons named in the act of incorporation, and 
seven days at least previously to the meeting, de- 
livered to each member, or published in some 
newspaper or newspapers in the county where the 
corporation may be established, or if there be no 
newspaper in the county, then, in some adjacent 
county, in a newspaper or newspapers convenient 
and adequate for the purpose : provided, that the 
notice of the first meeting of religious societies, 
may be affixed to the door, or some other conspicu- 
ous part of their meeting house. 

Sec. 3. Be it further enacted, That nothing 
contained in this act shall affect any existing pro- 
visions of law, touching the subject matter thereof. 

[Approved by the Governor, March 8, 1833.] 



TAUNTON BAPTIST SOC. March 9, 1833. 617 



CHAP. LXXXIV. 

An Act to incorporate the Second Baptist Society 
in Taunton. 

13 E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Etheridge Clark, J^^^"^^ incorpo- 
Jr,, Calvin Woodward, 2d, Thomas C. Brown, 
and their associates, successors and assigns, be, 
and they hereby are incorporated as a religious 
society, by the name of the Second Baptist Society 
in Taunton, 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 
estate, not exceeding ten thousand dollars in value, 
and personal estate, not exceeding eight thousand 
dollars in value. And Etheridge Clark, Jr., is First meeting. 
hereby authorized to call the first meeting of said 
society, for the choice of officers, and for the or- 
ganization thereof, by giving public notice in one 
of the newspapers printed in Taunton, of the time 
and place of said meeting. 

[Approved by the Governor, March 9, 1833.] 



618 



STATE PRISON. 



Blarchd, 1833. 



CHAP. LXXXV. 



Punishment for 
second ofience. 



Punishment for 
third offence. 



An Act in addition to "An Act for the govern- 
ment and regulation of the State Prison." 

Sec. 1. JjE it enacted by the Senate atid House 
of Representatives in General Court assembled, and 
by the authority of the same, That whenever any 
person shall, upon conviction of any crime, before 
any court of competent jurisdiction, be duly sen- 
tenced to punishment therefor, by confinement to 
hard labor in the State Prison of this State, for one 
year or more, and shall have been before sentenced 
to a like punishment by any court of this State, or 
any other of the United States, for a period of not 
less than one year, and shall have been discharged 
from such former sentence, in due course of law, 
whether any such convict shall have been pardoned 
or not, he shall be sentenced to solitary imprison- 
ment not exceeding thirty days, and to confine- 
ment to hard labor not exceeding seven years, in 
addition to the punishment prescribed by law for 
the offence for which he shall be tried. And, in 
case such convict shall have been twice before 
convicted and sentenced to the State Prison of 
this State, or of any other of the United States, in 
manner aforesaid, and twice discharged therefrom, 
and the same shall be alleged and proved to the 
court having jurisdiction of the case, the party may 
be sentenced to, and punished by confinement to 
hard labor for life, or for a period not less than 
seven years, at the discretion of the court, which 
may, or shall decree the additional sentence, by 



BOST. COPPER MIN. CO. March 9, 1833. 619 

virtue of the twentieth section of the act to which 
this is in addition, and by solitary imprisonment as 
is herein before provided. 

Sec. 2. Be it further enacted, That the act of Act of i832 re- 
1832, chapter 73, be, and the same is hereby re- '''^''*'' 
pealed. But no judgment which has already been 
duly rendered, under, and pursuant to the same, 
shall be thereby vacated, but the same shall be and 
remain in full force. 

[Approved by the Governor, March 9, 1833.] 



CHAP. LXXXVI. 

An Act to incorporate the Boston Copper Mining 
Company. 

Sec. 1 . 13E ?7 enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That William Reynolds, Persons incorpo- 
John Heard, Jr., Isaac Tyson, Jr., William B. Rey- 
nolds, and Amos Binney, and their associates, suc- 
cessors and assigns, be, and they hereby are made a 
corporation by the name of the Boston Copper Min- 
ing Company, 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 twenty third day of February, in the year of our 
Lord one thousand eight hundred and thirty, enti- 
tled " an act defining the general powers and duties 
of manufacturing corporations." 

79 



620 

Real estate. 



HOPEWELL COMPANY. 



March 11, 1833. 



Certificates. 



Sec. 2. Be it further enacted, That the said 
corporalion 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 ])urposes of this act. 

Sec. 3. Be it further enacted, That the certi- 
ficates respecting the capital stock, required by the 
aforesaid act to be filed, and recorded in the Regis- 
try 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 corporation 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 meeting, 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. 

[Approved by the Governor, March 9, 1833.] 



CHAP. LXXXVII. 



An Act to incorporate the Hopewell Company. 

Sec. 1 . I3E «7 enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Samuel A. Eliot, 

Persons incorpo- "^ t/ e/ » 7 

rated. Edmund Dwight, James K. Mills, Charles Rich- 



PETITIONS. 3Iarch {],IS3S. 621 

rnond, Samuel Crocker, and Flarrison G. Otis, their 
associates, successors and assigns, be, and they here- 
by are made a corporation by the name of the Hope- 
well Company, for the purpose of manufacturing 
cotton and machinery therefor, in the town of Taun- 
ton in the county of Bristol, and for those purposes 
shall have all the powers and privileges, and be sub- 
ject to all the duties and requirements contained in 
an act entitled " an act defining the general pow- 
ers and duties of manufacturing corporations," passed 
the twenty third day of February, in the year of our 
Lord one thousand eight hundred and thirty. 

Sec. 2. Be it further enacted, That the said Real and person- 
corporation may be lawfully seized and possessed of 
such real estate not exceeding the value of two hun- 
dred thousand dollars, and such personal estate not 
exceeding the value of two hundred thousand dol- 
lars, as may be necessary and convenient for the 
purposes aforesaid. 

[Approved by the Governor, March 11, 1833.] 



al estate. 



CHAP. LXXXVIII. 

An Act relating to the surviving of petitions to the 
County Commissioners for Juries. 

Sec. 1. 13 E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That no petition for a Abateraent of 
jury to alter or discontinue any highway, or to esti- p^*"""" 
mate damages, or for a committee, if the same is or 



622 PETITIONS. M^rcA 11, 1833. 

shall be agreed upon, which is, or may hereafter be 
pending, shall abate by the death of the petitioner 
or petitioners, but the executor or administrator of 
such deceased petitioners, or the heirs or devisees, 
(if they shall be the persons in interest) shall be per- 
mitted, on motion, to appear and prosecute such 
petition, in the same manner, and to the same ex- 
tent, as said petitioners might have done if living. 
Persons who are Sec. 2. Be it furtkev enacted, That, where any 

joined in peti- *^ •' 

tions, and are two or more uersous have been, or shall hereafter be 

deceased, exccu- ^ _ ^ *■ 

tors may prose- joined, iu such petition, and any one or more of 

cute petition, &.C. . 

them is, or may hereafter be deceased, and the ex- 
ecutors, administrators, heirs or devisees of such peti- 
tioners shall neglect to appear, after due notice 
being given as aforesaid, the surviving petitioner or 
petitioners may prosecute said petition to effect, and 
none of their rights or interests shall in any way be 
affected or impaired by such decease or neglect ; 
and all petitions which are now, or shall hereafter 
be pending, shall be so far continued, as to give to 
the parties interested therein the full benefit of this 
act. 

[Approved by the Governor, March 11, 1833.] 



SALES AT AUCTION. March 11, 1833. 623 



CHAP. LXXXIX. 

An Act in addition to " the several Acts imposing 
a duty on sales at auction." 

JlJE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That from and after Duty of one tenth 

, ^ . r A ^^ -I- r* 11 1 • 1 of one per centum 

the first day oi April next, m lieu ot all duties here- on the amount of 

-. . Ill 1 • 11- ^^^^ 'o ^^ paid- 

totore imposed by law on sales at auction or public 
vendue, of stock or shares in the corporate property 
of turnpike, bridge, canal, rail road and rail way 
companies, and in incorporated athenaums and li- 
braries, there shall be paid one tenth of one per cen- 
tum on the amount of such sales, any thing in the 
act or acts to which this is in addition to the con- 
trary notwithstanding. 

[Approved by the Governor, March 11, 1833.] 



CHAP. XC. 

An Act in addition to " An Act to incorporate 
certain persons Trustees to manage a fund for 
the permanent support of a school in district 
No. 3, in the town of Blandford, in the county 
of Hampshire." 

Sec. 1. J3E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That all the persons 



624 BLANDFORD SCHOOL FUND. MarchW, \Q3S. 

All persons re- who HOW are, or mav hereafter become resident 

siding within dis- , . . . „ 

trict shall consti- freeholders within the limits of school district No. 

tule the board of. r r^^ in i -ii-- 

trustees. o, in thc town of Blandford, as said district was 

established at the time of the passage of the act to 
which this is in addition, shall constitute the board 
of trustees for all the purposes mentioned in said 
act, and shall be members thereof as long as they 
shall continue 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 notwith- 
standing. 

Committee. ^^^ 2. Bc it furtliev enactecl, That said trus- 

tees may, at 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 addi- 
tion to the contrary notwithstanding. 

[Approved by the Governor, March II, 1833.] 



BOS. & WOR, R. ROAD COR. March 11, 1833. 625 



CHAP. XCI. 

An Act in addition to an Act to establish the Bos- 
ton and Worcester Rail Road Corporation. 

Sec. 1. J3E it enacted hy the Senate and House 
of Representatives in General Court assembled, and 
hy the authority of the same, That the further term Further term of 
of two years be granted to the Boston and Worces- eTJ fifJ^iofSn 
ter Rail Road Corporation to file the location of ° 
the route of their rail road, as provided for in the 
twelfth section of the act establishing said corpo- 
ration. 

Sec. 2. Be it further enacted, That in case the May apply to 
said corporation shall not be able to obtain the sioS to*""^ii- 

11 1 ^ 1 • 1 . 1 1 /• male damasre oc- 

and or other property which they may take for casioned by tak- 

said road, or for the proper construction and secu- '°^ """ ' 
rity thereof, by voluntary agreement with the 
owner or owners of said land or other property, 
the said corporation, 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 dissatisfied 
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 commissioners. 
And no application to said commissioners to esti- 
mate said damages, shall be sustained, unless made 
within one year from the time of taking said 
property. 



626 MERCANTILE BANK. March 11, 1833. 

Sl^inai act'Tn- '" ^^^' ^' ^^ it furtlicr enacted, That every thing 
t^hTslcuep'^ai'ea containcd in the original act of incorporation in- 
consistent with the provisions of this act, be, and 
the same is hereby repealed. 

[Approved by the Governor, March 11, 1833.] 



CHAP. XCII. 

An Act in addition to " An Act to incorporate the 
President, Directors and Company of the Mer- 
cantile Bank, in the city of Boston." 

Sec. 1. Be 2^ enacted by the Senate and House 
of Representatives in General Court assembled, and 

Change of name, ly fhc 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 Com- 
pany of the Mercantile Bank in the city of Boston," 
shall hereafter be known by the name and title of 
the President, Directors and Company of the 
Granite Bank. 

Part of former Sec. 2. Bc it furthcr enttctcd, That so much of 

act repealed. .... 

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. 

[Approved by the Governor, March 11, 1833.] 



FAIRHAVEN MEET. HOUSE. March !I, 1833. 627 



CHAP. XCHI. 

An Act to incorporate the Proprietors of the Wash- 
ington street Christian Meeting House in Fair- 
haven. 

Sec. 1. 13 E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Noah Stoddard, Persons incorpo- 
Jabez Delano, Jr., and Joseph Bates, their asso- 
ciates and successors, be, and they are hereby 
incorporated as a rehgious society, by the name of 
the Proprietors of the Washington street Christian 
Meeting House in Fairhaven, with all the privi- < 

leges, powers and immunities to which other reli- 
gious societies in this Commonwealth are, by law, 
entitled ; and with liberty to hold and possess, in 
their corporate capacity, real estate in Fairhaven, 
to the value of twelve thousand dollars, and per- 
sonal estate to the value of ten thousand dollars. 

Sec. 2. Be it further enacted, That said corpo- Assessments. 
ration 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 ex- 
ceeding 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 pur- 
poses incident to the authority given by this act ; 
and all assessments upon the pews as aforesaid, 
may be collected by the treasurer of said corpora- 
tion, in the manner provided by " an act author- 
' 80 



628 S. READING MEC. & AG. INS. March 12, 1833. 

izing the proprietors of churches, meeting houses, 
find other houses of pubhc 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. 
First meeting". Sec. 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 personal no- 
tice ten days previous thereto, of the time and 
place of said meeting. 

[Approved by the Governor, March 11, 1833.] 



CHAP. XCIV. 

An Act to incorporate the South Reading Me- 
chanic and Agricultural Institution. 

Sec. 1. HK it enacted by the Senate and Hoicse 
of Representatives in General Court assembled, and 
Persons incorpo- 6?/ the authority of the same, That Burra^e Yale, 
John Clapp, Suel AVinn, Jeremiah Green, Thomas 
Emerson, Jr., and Robert Rantoul, Jr., 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 encour- 
agement to agriculture and the mechanic arts, and 
for relieving the distresses of unfortunate me- 
chanics and their families ; and to have all the 
privileges usually given by acts of incorporation to 
charitable societies ; and the said corporation may 



STATE LUNATIC HOSPITAL. March 13, 1833. 629 

hold and possess real estate, not exceeding the Real and person- 
value of ten thousand dollars, and the annual in- 
come of its personal estate, shall not exceed the 
sum of five thousand dollars. 

Sec. 2. Be it further enacted, That Burrage First meeting. 
Yale, and John Clapp, arc 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. 

[Approved by the Governor, March 12, 1833.] 



CHAP. XCV. 

An Act concerning commitments to the State Lu- 
natic Hospital. 

iSE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authoritii of the same. That the iudijes o{ l'^'^^^^ ""^ ^J^ ^ 

'^ ./ i/ JO bale autiiorized 

probate in the several counties in the Common- ^° *^°'^""'^'T^" 

^ tics to hospital. 

wealth, excepting Suffolk, and, in the county of 
Suffolk, the judge of the municipal court, shall be, 
and they hereby are authorized to commit to the 
State Lunatic Hospital, any lunatic, who, in their 
opinion, is so furiously mad as to render it mani- 
festly dangerous to the peace and safety of the 
community, that such lunatic should continue at 
large ; and no tribunal other than the judicial 
officers herein before mentioned, and the supreme 
judicial court, and court of common pleas, shall 



630 N. AMER. STEAM COACH CO. March 14, 1833. 

hereafter have power to order the commitmeni; of 
any lunatic to said hospital ; and all provisions of 
law inconsistent with this act are hereby repealed. 

[Approved by the Governor, March 13, 1833.] 



CHAP. XCVI. 

An Act to incorporate the North American Steam 
Coach Company. 

Sec. 1. 13 E it enacted by the Senate and House 
of Representatives in General Court assembled^ and 

med"' '"'°'^°" % ^''^ authority of the same, That Henry A. Breed, 
John Rayner, Robert Ralston, Jr., Richard M. 
Bouton, their associates, successors and 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 con- 
structing carriages to be propelled by steam, using 
and improving the same upon common roads, or 
any other, with permission of the proprietors there- 
of, and providing all accommodations for their 
convenient use, in the transportation of passen- 
gers and merchandize, and shall have all the powers 
and privileges, and 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 eighteen hundred and thirty, 
entitled an act defining the general powers and 
duties of manufocturing corporations, with author- 
ity to sue and be sued, to choose such officers. 

By-laws. make such by-laws, and transact such other busi- 



N. AMER. STEAM COACH CO. March 14, 1833. 631 

ness as the proper management of the affairs of 
said company may require : provided, the same are 
not repugnant to the constitution and laws of this 
Commonwealth. 

Sec, 2. Be it further enacted, That said com- Power to hold 

1111 1 real and personal 

pany may lawtuily purchase, hold and convey real estate. 
estate not exceeding the value of fifty thousand 
dollars, and personal estate not exceeding the value 
of fifty thousand dollars, as may be necessary and 
convenient to carry into effect the objects of this act. 

Sec. 3. Be it further enacted, That the name j^^^^^f^ j^. 
of said company shall be conspicuously affixed on "-^ an r''oa£ or 
all coaches or cars which may be used by them ; b"us5by then?! 
and if said company shall neglect to comply with 
this requirement, they shall be liable to forfeit and 
pay the sum often dollars for each and every day 
during which any of their said cars and carriages 
may be employed in the transportation of passen- 
gers or property, without having their said names 
so affixed thereto, which forfeiture may be sued for 
and recovered in any court of competent jurisdic- 
tion, by the person who shall sue for the same,\to 
his own use, and said company shall be responsible 
for all baggage or other property committed to 
their agents, to be conveyed on any of their routes, 
or any part thereof. 

Sec. 4. Be it further enacted, That all the real Real estate to be 

. . , situated in the 

estate which said corporation is authorized by this counties of suf- 

Z folk or Essex. 

act to hold and possess, shall be situated in the 
counties of Suffolk or Essex. 

Sec. 5. Be it further enacted, That nothing company not to 

1 . , . Ill t ■ I construct any 

contained m this act shall authorize the company new road, &c. 
hereby incorporated to construct any new road, to 
use any road belonging to any incorporated com- 
pany, without the consent of such company, or to 



632 PACKET INSURANCE CO. March 14, 1833. 

impede, obstruct or hinder any other persons hav- 
ing occasion to travel or do business on the roads 
where the engines of the company may be used, 
but the company shall be liable to an action or in- 
dictment for any injury they may occasion, in the 
same manner as if this act had not been passed. 

Conditions of this g^c. 6. Be it further enacted, That if the com- 
pany hereby 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. 

First meeting. ggc^ 7, B 6 it further euacted, 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, delivered to 
each member of said company, four days at least 
before the time of holding the same. 

[Approved by the Governor, March 14, 1833.] 



CHAP. XCVII. 

An Act to incorporate the Packet Insurance Com- 
pany. 

Sec. 1. J_>E it eyiacted by the Senate and House 
of Representatives in General Court assembled, and 
ra^ted"^ '"corpo- ^^ ^^^ authority of the same, That William B. Rey- 
nolds, John A. McGaw, Charles O. Whitmore, 
Josiah Stickney, 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 



PACKET INSURANCE CO. March 14, 1833. 63S 

losses, and insurance against losses by fire, in the 
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 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 Common- 
wealth 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. 

Sec. 2. Be it further enacted^ That said cor- Real and person- 

- , , , , al estate. 

poration 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 thousand dollars, excepting such as 
may be taken for debt, or held as collateral secu- 
rity for money due to said company. 

Sec. 3. Be it further enacted, That the capital capUai stock. 
stock of said company shall be two hundred thou- 
sand 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 direc- 
tors of said company shall order and appoint. 

Sec. 4. Be it further enacted, That the Packet Location. 
Insurance Company shall be located in the city of 
Boston. 

[Approved by the Governor, March 14, 1833.] 



634 FRANKLIN LABORATORY. March 14, 1833. 



CHAP. XCVIII. 

An Act to dissolve the Second Massachusetts 
Turnpike Corporation. 

J3E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
Corporation dis- by thc authority of the same, That the Second 
Massachusetts Turnpike Corporation, be, and the 
same is hereby dissolved ; and said corporation are 
hereby forever discharged from all liability to main- 
tain and keep in repair said turnpike road, any 
thing in the act of incorporation, passed on the 
eighth day of March, in the year of our Lord one 
thousand seven hundred and ninety-seven, and the 
several acts in addition thereto, to the contrary 
notwithstanding. 

[Approved by the Governor, March 14, 1833.] 



CHAP. XCIX. 

An Act in addition to An Act to incorporate the 
Franklin Laboratory. 

Be it enacted by the Senate and House 
of Representatives in General Court assembled, and 
Stockholders (^y (Jiq authority of the same^ That the stockhold- 
ers of the Franklin Laboratory be, and they are 
hereby authorized to hold real estate necessary for 
the purpose of prosecuting the business of said cor- 



COURTS OF PROBATE. March 14, 1833. €35 

poration to an amount not exceeding fifteen thou- 
sand dollars, and personal estate for the same pur- 
pose, 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. 

[Approved by the Governor, March 14, 1833.] 



CHAP. C. 



An Act in addition to the several acts to regulate 
the Jurisdiction and Proceedings of the Courts 
of Probate. 

Be it enacted by the Senate and House 
of Representatives in General Court assembled, and 
bif the authoritii of the same, That after the decease Decease of an 

. . . • r^ 111 '^''*^" intestate 

of any alien intestate, in this Commonwealth, leav- leavingno 

• • • 1 /~i 11 widow. 

ing no widow or next of kin in said Commonwealth, 
administration of such intestate's goods and estate, 
shall, within thirty days be granted unto the consul 
or vice consul, who shall have been duly appointed 
for said Commonwealth by the government in which 
said deceased alien shall have been born, and who 
shall have been recognized as such by the President 
of the United States. And after thirty days from 
the death of such alien, in case the said consul and 
vice consul shall refuse or neglect to take out letters 
of administration, the svid judge of probate may 
commit administration of such estate to some one or 
more of the principal creditors, and in case of their 
refusal or neglect to take such administration, to 

81 



636 CLERKS SUP. JUD. COURT. March 14, 1833. 

such other person or persons as the said judge shall 
think fit. And the like proceedings shall be had in 
such cases as are provided in and by the said seve- 
ral acts to which this is an addition. 

[Approved by the Governor, March 14, 1833.] 



CHAP. CI. 

An Act concerning Clerks of the Supreme Judicial 

Court. 

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

of Representatives in General Court asse7nbled, and 

Clerks to account bv the authoritv of the same, That the respective 

for fees. •/ */ 

Clerks of the Supreme Judicial Court of this Com- 
monwealth shall account for and pay over all fees 
received by them, which are now by law to be paid 
to the justices of said court, in the same manner, 
and under the same penalties for neglect that they 
are now by law required to account for and pay over 
fees by them received as clerks of the court of com- 
mon pleas, and that the respective county treasurers 
shall be held to account with the treasurer of the 
Commonwealth for all sums received by them, by 
virtue of this act. 
Former acts re- Sec. 2. Bc it furthcT euactcd, That SO much of 
^^^^ ■ the Statute of seventeen hundred and ninety-five, 

chapter forty-one, and so much of all other acts, as 
are inconsistent herewith, be, and the same hereby 
are repealed. 

[Approved by the Governor, March 14, 1833.] 



ELECTIONS. March 14, 1833. 637 

CHAP. CII. 

An Act in addition to " An Act regulating elections, 
and declaring the qualifications of voters in town 
affairs." 

Sec. 1. Be it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That it shall hereafter Duty ofcoiiect- 
be the duty of the several collectors of state and 
county taxes in the several towns and districts in 
this Commonwealth, whether the time for which 
they were respectively chosen shall have expired or 
not, twice in each year, viz. once in the month of 
February, not more than twenty days, nor less than 
fifteen days before the first Monday in March, and once 
in the month of October, not more than twenty days, 
nor less than fifteen days before the second Monday of 
November, to return to the selectmen of the town or 
district in which they reside, a true and accurate list of 
all persons from w hom they shall have received pay- 
ment of any state or county tax subsequent to the 
time of making the next preceding return ; and the 
penalties for the neglect of the duties aforesaid, and 
the process of recovering such penalties shall be the 
same as those provided by the sixth section of the 
act to which this is in addition. 

Sec. 2. Be it further enacted. That it shall here- Duty of select- 

•^ men. 

after be the duty of the selectmen of the several 
towns and districts to make out and post up alphabet- 
ical lists of voters, ten days at least before the socond 
Monday of November annually, in the same manner 
they are now required by law to make out and post 
up the same ten days at least before the first Mon- 
day of March. 

[Approved by the Governor, March 14, 1833.] 



638 WELLFLEET BRIDGE. March 14, 1833- 



CHAP. cm. 



An Act authorizing Pain G. Atwood to build a 



Bridge in Wellfleet. 



•to 



UE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
Persons author- by the authority of the same, That Pain G. Atwood 
be, and he is hereby authorized to build a bridge 
over the north west arm of Duck Creek in the town 
of 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. 

[Approved by the Governor, March 14, 1833.] 



CHAP. CIV. 

An Act to incorporate the Tenean Free Bridge 
Company. 

Sec. 1 . iSE it enacted by the Senate and Bouse 
of Representatives in General Court assembled and 
Persons incorpo- by the authority of the same, That Israel Lombard, 
rated. Josiah Stickney, and Elisha 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, 



TENEAN FREE BRIDGE CO. March 14, 1833. 639 

and for the purpose of building a bridge over Mill 
Creek, from Leeds' Neck, to Bark Warwick Street, 
so called, in Dorchester. 

Sec. 2. Be it further enacted, That said corpo- corporation to 

■^ * have three years 

ration shall have three years from the passage of this [o complete 
act to erect and complete said bridge, that the same 
shall be built and maintained at their expense, and 
shall be kept at all times passable, safe and conve- 
nient for passengers free of toll ; that the same shall 
be constructed not less than thirty feet in width, 
with sufficient railings 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. 

Sec. 3. Be it further enacted^ That said corpora- Damages. 
tion 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. 

Sec. 4. Be it further enacted, That either of First meeting. 
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 Dorches- 
ter seven days before said meeting. 

[Approved by the Governor, March 14, 1833.] 



640 CAMBRIDGE MUX. INS. CO. March 14, 1833. 



CHAP. CV. 

An Act to incorporate the Cambridge Mutual Fire 
Insurance Company. 

Sec. I. Be it enacted by the Senate and House 
of Representatives in General Court assembled^ and 

Persons incorpo- ^y ff^^ authofitij of the samc, That Nathan Childs, 
Phinchas B. Hovey, and William Fiske, their asso- 
ciates, successors and assigns, be, and they hereby 
are made a corporation, by the name of the Cam- 
bridge Mutual Fire Insurance Company, with all 
the powers and 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 subscrip- Sec. 2. Bc it furthcr enacted, That whenever 

tion amounts to . , i i i , i i i 1 1 

one hundred a sum amouutmg to one hundred thousand dollars 

thousand dollars, i,., , -ii i • i^i • ^ 

shall be subscribed to be msured, the said corpo- 
ration 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. Sec. 3. Be it further enacted, That said corpo- 

ration may choose such officers as may be deemed 
necessary ; may establish such by-laws and regu- 
lations for the government and management of 
their affairs, as shall not be repugnant to the con- 
stitution and laws of this Commonwealth, and that 
each member of said corporation may vote by 
proxy, and be entitled to as many votes as he has 
policies. 



CAMBRIDGE MUT. INS. CO. March 14, 1833. 641 

Sec. 4. Be it further enacted, That the funds Funds. 
of said corporation 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 neces- 
sary to pay the same, shall, without delay, be as- 
sessed on the members, in proportion to, but not 
to exceed three times the amount of their premiums 
and deposits for seven years. 

Sec. 5. Be it further enacted, That any person Execution, how 
who may recover judgment against the said corpo- 
ration, may levy his execution on his 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 offi- 
cer, or the treasurer thereof, then such judgment 
creditor may levy his execution upon the private 
property 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. 

Sec. 6. Be it further enacted, That the monerty t^o^^<^'^^^ subject 

.. . to a lien. 

insured in any policy issued by the said corpora- 
tion, and the land under the same, if a building, 
shall be thereby subjected to a lien for the pay- 
ment of the premium stipulated in and of all assess- 
ments 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. 

Sec. 7. Be it further enacted, That whenever Member ne- 
any member of the said corporation shall neglect premiuDo, &c. 



642 ROCHESTER WHARF. March 14, 1833. 

or refuse to pay any sum 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 origi- 
nal writ therein. 

[Approved by the Governor, March 14, 1833.] 



CHAP. CVI. 

An Act authorizing Elisha Luce, and Theophilus 
Pitcher, Jr., to build a Wharf in Rochester. 

13 E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
Persons incorpo- j^y fjig authority of the Same, That Elisha Luce, and 
Theophilus Pitcher, Jr., be, and they are hereby 
authorized and allowed to build a wharf on and 
from their land 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 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 fur- 



BRAINT. & WEY. UNI. SO. March 14, 1833. 643 

ther provided, that this grant shall in no wise inter- 
fere with the legal rights of any ether person or 
persons whatsoever. 

[Approved by the Governor, March 14, 1833.] 



CHAP. CVII. 

An Act to incorporate the First Unitarian Religious 
Society of Braintree and Weymouth. 

Sec. 1. IjE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That James Whitte- Persons incorpo- 
more, 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 Reli- 
gious Society of Braintree and Weymouth, with all 
the powers and requirements incident to religious 
societies, and those contained in " an act concern- 
ing corporations," passed March eighth, one thou- 
sand eight hundred and thirty three. 

Sec. 2. Be it further enacted. That the said so- Real and person- 

. ^ 1 *' estate. 

ciety 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. 

[Approved by the Governor, March 14, 1833.] 



82 



644 QUINCY UNIVER. SOC. March 14, 1833. 



CHAP. CVIII. 

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

Sec. 1. UE z7 enacted by the Senate and House 

of Representatives in General Court assembled, and 

Persons incorpo- bv the ttutliority of the same, That Ebenezer Bent, 

rated. . 

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 require- 
ments incident to religious societies, and those con- 
tained in " an act concerning corporations," passed 
March eighth, one thousand eight hundred and thirty 
three. 
Real and person- Sec. 2. Bc it further cnacted, That said soci- 
ety may receive, hold and possess real estate to the 
amount of twenty thousand dollars, and personal 
estate to the amount of two thousand dollars. Pro- 
vided the income arising from the same shall be 
appropriated exclusively to parochial purposes. 

[Approved by the Governor, March 14, 1833.] 



ANDOVER &L VVIL. R. R. COR. March 15, 1833. 645 



CHAP. CIX. 

All Act to establish the Andover and Wilmington 
Rail Road Corporation. 

Sec. 1. ijE z7 enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Mark Newman, J^^J^' "^'^"'p^' 
Paschal Abbot, Francis Kidder, Amos Abbott, 
Hobart Clark, James Locke, John Flint, Amos 
Blanchard, Samuel Farrar, John Smith, 2d, Mer- 
rill Pettengill, Aaron Green, their associates, suc- 
cessors and assigns, be, and they hereby are made 
a body politic and corporate, under the name of 
the Andover and Wilmington Rail Road Corpora- 
tion, with the powers and requirements contained 
in " an act concerning corporations," passed March 
eighth, in the year ot^our Lord one thousand eight 
hundred and thirty-throe. And the said corpora- Road, where lo- 

•' cated. 

tion are hereby empowered to locate, construct, 
and finally complete a rail road, commencing at or 
near the south parish meeting house, in Andover, 
and thence to the Boston and Lowell rail road, in 
Wilmington, in the county of Middlesex, so as to 
form a branch thereof, 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 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 con- 
struction and security of said road. Provided, 



646 ANDOVER & WIL. R. R. COR. March 15, 1833. 

Proviso. Pen hoivcvcT, that all damages that may be occasioned 

section sixth. ' " J 

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 here- 
inafter provided. 
Shares. Sec. 2. Be it further enacted^ That the capital 

stock of said corporation shall consist of one thou- 
sand 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 
members of the corporation in the manner pre- 
scribed 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 corpora- 
tion, with sureties to the satisfaction of the direc- 
tors, in a sum not less than five thousand dollars, 
for the faithful discharge of his trust. 
President and di. ^EC. 3. Be it further enacted, That the presi- 
cred™^""' dent and directors for the time being, are hereby 
empowered, by themselves or their agents, to ex- 
ercise all the powers herein granted to the corpo- 
ration, 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 



ANDOVER h WIL. R. R. COR. March 15, 1833. 647 

name of the corporation, for the use of said road ; 
to make such equal assessments, from time to time, Assessments. 
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 ^ive notice of all such assess- 
ments ; 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 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 over- 
plus, 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. 

Sec. 4. Be it further enacted, That a toll be, toIIs. 
and hereby is granted and established for the sole 
benefit of said corporation, upon all passengers, 
and property of all descriptions which may be con- 
veyed or transported upon said road, at such rates 
per mile as may be agreed upon and established 
from time to time by the directors of said corpora- 
tion. The transportation of persons and property, 
the construction of the wheels, the form of cars 
and carriages, the weight of loads, and all other 



648 



ANDOVER&WIL. R. R. COR. March 15, 1833. 



Proviso reducin 
the rates of toll. 



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 from time to 
time shall 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 ten years from and after the com- 
pletion of said road, the net income or receipts 
from the 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 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 
proceedings may be had. 

Sec. 5. Be it further enacted, That the direct- 
ors 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. 

Sec. 6. Be it further enacted, That the said cor- 
poration shall be holden to pay all damages that 
may arise to any person or persons, corporation or 
corporations, by taking their land or other property 
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. 

Sec. 7. Be it further enacted, That when the 

married woman, i i i r • -i 

infant, &c. lands or other property or any married woman, in- 
fant, or person under guardianship, shall be neces- 



ToU-house: 
gates, &c. 



Damaofes. 



Land of any 



ANDOVER & WIL. R. R. COR. March 15, 1833. 649 

sary for the construction of said rail road, the hus- 
band 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 holden 
by them, in their own right respectively. 

Sec. 8. Be it further enacted, That if any per- Forfeiture for in- 

. jury or obstruc- 

son shall wilfully, maliciously or wantonly, and con- tionof rail road. 
trary to law, obstruct the passage of any carriage 
on said rail road, or in any way spoil, injure or de- 
stroy said rail road or any part thereof, or any thing 
belonging thereto, or any 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 trespass, shall for- 
feit and pay to said corporation, for every such 
offence, treble such damages as shall be proved be- 
fore 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 indictment by the grand inquest for the county 
within which such trespass shall have been commit- 
ted, 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. 

Sec. 9. Be it further enacted, That at all meet- votes. 
ings of said corporation, each proprietor shall be 



650 ANDOVER & WIL. R. R. COR. March 15, 1833. 

entitled to as manj votes as he holds shares : pro- 
vided, 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. 
If rail road cross Sec. 10. Be it further enacted, That if the said 

any private way, • i i • i i /• i 1 1 

rail road, m the course thereol, shall cross any pri- 
vate way, the said corporation shall so construct 
said rail road as not to obstruct the safe and conve- 
nient use of such private way ; and if said rail road 
shall not be so constructed, the party aggrieved shall 
be entitled to his action on the case in any court 
proper to try the same, and shall recover his reason- 
or highway, able damagcs for such injury : and if said rail road 

how to be con- , r i • i 

structed. shall, in the course thereof, cross any highway, the 

said rail road shall be so constructed as not to im- 
pede 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 select- 
men of the town in which said highway or private 
way may be situated, said 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, and the said corporation shall unneces- 
sarily and unreasonably neglect to make the same, 
such selectmen may proceed to make such altera- 
tion 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 



ANDOVER & WIL. R. R. COR. March 15, 1833. 651 

indemnity in damage for all charges, disbursements, 
labor and services, occasioned by making such alter- 
ation or amendments, with costs of suit. 

Sec. 11. Be it further enacted, That it shall be Government may 

- /• 1 /-< purchase rail 

in the power or the goverment or the L/ommon- road, &c. 
wealth, at any time 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 pur- 
chase, 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 cor- 
poration 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 stockholders of the said corporation to the 
time of such purchase. And it shall be the duty of 
said corporation, ^om year to year, to make a re- 
port to the legislature under oath, of their acts and 
doings, receipts and expenditures under the provi- 
sions 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 refusal they shall forfeit and pay to the 
use of the Commonwealth, a sum not exceeding ten 
83 



652 ANDOVER & WIL. R. R. COR. March 15, 1833. 

thousand dollars, to be recovered by action or indict- 
ment in any court of competent jurisdiction. 
Conditions, &r,. g^^. |2. Bf. it further enacted, That if the 
amount of stock of said rail road shall not have been 
subscribed, the company organized, and the location 
of the route filed with the County Commissioners 
of the coimty 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 thirtv-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 eip^ht hundred and thirty-six, in either of 
the above mentioned cases this act shall be null and 
void. 
Anotherraii Sec. 13. Bs it further enacted, That the said 

corporation are hereby authorized to enter with 
their rail road on such part of the Boston and Low- 
ell rail load as shall be deemed most expedient, pay- 
ing for the right to use the same or any part thereof 
such a rate of toll as the legislatiue may from time 
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 incorporation. 
Bridges. Sec. 14. Be it further enacted, That 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 con- 
ducting their rail road over any canal, turnpike, or 
other highway, or any private way, or for conduct- 
ing such private way, turnpike, or other highway 
over said rail road. 

[Approved by the Governor, March 16, 1833.] 



HIGHWAYS— LOW. P. COURT. March 15, 1833. 653 



CHAP. ex. 

An Act in addition to the several acts respecting 
Highways. 

He it enacted by the Senate and House 
of Representatives in General Court assembled, and Provisions of act 

•^ ^ , . . of I ?1 8, to extend 

bu the authority of the same, That the provisions of ^° ^u towns in 

•^ .y c/ 1 CommonweaUh. 

the act of eighteen hundred and eighteen, chapter 
one hundred and twenty-one, entitled " an act in 
addition to the several acts now in force, respect- 
ing highways," be, and the same are hereby ex- 
tended to all the towns and districts in this Com- 
monwealth. 

[Approved by the Governor, March 15, 1833.] 



CHAP. CXI. 

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

KE it enacted by the Senate and House 
fo Rejjresentatives in General Court assembled, and 
blithe authority of the same, That the act passed Orginaiact, 

•^ . ■^^■I'en to take ef- 

the second day of March, in the year of our Lord feet. 
one thousand eight hundred and thirty-three, to 
establish a 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 
notwithstandinsr. 



a 



[Approved by the Governor, March 15, 1833.] 



654 N. BEDFORD N. CHRIS. SOC. March 15, 1833. 



CHAP. CXII. 

An Act to incorporate the North Christian Society 
in New Bedford. 

Sec. 1. JjE 27 enacted by the Senate and House 
of Representatives in General Court assembled, and 

^ereons mcorpo- ^^ ^^^ authority of tfic sanic, That John Perkins, 
James H. ColHns, Mark B. Palmer, and their asso- 
ciates, together with such persons as may 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. 

May hold real Sec. 2. Bc it further euactcd. That the said 

p»€rsonal or mixed ^ 

estate. societj shall have power to purchase, receive by 

gift, or otherwise, 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 : provided, said estate so held, 
shall, al no time, exceed 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 convenient for the government of 
said society, and the management of their affairs : 
provided, the same are not repugnant to the con- 
stitution and laws of this Commonwealth. 

Assessments. Sec. 3. Be it further enacted, That the said 

society shall have power to assess upon the pews, 
in any meeting house which they may erect, pur- 



N. BEDFORD N. CHRIS. SOC. March 15, 1833. 655 

chase, or otherwise hold, according to a valuation 
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 purpose of alter- 
ing or repairing said meeting house, or other 
buildings of said society ; and all assessments upon 
the pews aforesaid, may be collected by the treas- 
urer of said society, in the manner provided by " an 
act authorizing the proprietors of churches, meet- 
ing 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 hun- 
dred and eighteen. 

Sec. 4. Be it further enacted, That in all meet- votes. 
ings of 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. 

Sec. 5. Be it further enacted, That either of First meeting. 
the three persons named in this act, may call the 
first meeting of said society for the choice of offi- 
cers, 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. 

[Approved by the Governor, March 15, 1833.] 



656 HARWICH HER. RIV. CO. March 15, 1833. 



CHAP. CXIII. 

An Act to incorporate the Herring River Com- 
pany in the town of Harwich. 

Sec. 1. j>E ?"/ enacted by the Senate and House 
of Representatives in General Court assembled, and 

^MeT^ '°*=°'"P° by the authority of the same, That Job Chase, Jr., 
Elijah Chase, Anthony Kelley, Joseph Kelley, 
Joshua Wixon, Jr., and Richard Baker, their asso- 
ciates, successors and assigns, be, and they hereby 
are made a body pohlic, by the name of the " Her- 
ring River Company," with the powers and re- 
quirements contained in " an act concerning cor- 
porations," passed March eighth, one thousand 
eight hundred and thirty- three, for the purpose of 
deepening the channel, and improving the naviga- 
tion and the alewive fishery of said river. 

Assessments. Sec. 2. Be it furlhcr enacted, That the property 

of said company shall be divided into one hundred 
shares, and all assessments 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 
assessments 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 property of each mem- 



HARWICH HER. RIV. CO. March 15, 1833. 657 

ber of said company, shall be holden for the pay- 
ment of any debt or damage for which said com- 
pany shall be liable. 

Sec. 3. Be it further enacted, That the said Power to con- 

«' struct and erect 

company shall have power to construct and erect 'ia"'s, &c. 
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 channel, and facilitating the 
navigation and benefitting the alewive fishery on 
said river : provided, the said company shall not 
appropri;ite 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 : a7id provided also, 
that said dams shall be provided with locks of 
sufficient dimensions to allow the safe and conve- 
nient passage of vessels of sixty- five tons. 

Sec. 4. Be it further enacted. That said com- Real and perscn- 

, , 1 , 1 ■ - I al estate. 

pany may hold real estate, not exceedmg m value 
one thousand dollars, and personal estate, not ex- 
ceeding one thousand dollars, so far as may be 
necessary for carrying into effect the purposes of 
this act. 

[Approved by the Goverror, March 15, 1833.] 



658 PLYMOUTH MAR. INS. CO. March 15, 1833. 



CHAP. CXIV. 



An Act to incorporate the Plymouth Marine Insur- 
ance Company. 

Sec. ). 13 E it enacted by the Senate and House 
of Representatives in General Court assembled, and 

rated""' '°''°^°' by the authority of the same, That Barnabas Hed^e, 
Jacob Covington, and their associates, successors 
and assigns, be, and they are hereby made a body 
politic, by the name of the Plymouth Marine In- 
surance Company, i'or the purpose of making mari- 
time loans, and insurance against maritime losses, in 
the 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 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. 

Real aud person- aud may purchasc, hold and convey any estate, real 

al estate