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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  such  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.  i      /•  i  r         •  ^  •  j     7 

or  personal,  lor  the  use  oi  said  company  :  provided, 
that  the  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. 


HOPKINTON  MINIS.  LAND.    March  15,  1833.  639 

Sec.  2.  Be  it  further  enacted,  That  the  capital  capital  stock. 
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  such  instalments,  and  under  such  pro- 
visions and  penalties  as  the  president  and  directors 
of  said  company  shall  order  and  appoint. 

Sec.  3.     Be  it  further  enacted,  That  the   Ply-  Location. 
mouth  Marine  Insurance  Company   shall  be  located 
in  the  town  of  Plymouth. 

[Approved  by  the  Governor,  March  15,  1833.] 


CHAP.  CXV. 

An  Act  to  authorize  the  sale  of  Ministerial  Land  by 
the  first  parish  in  the  town  of  Hopkinton. 

Jl>E  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same.  That  the  first  parish  in  Parish  author- 
the   town  of    Hopkinton    is    hereby    authorized    to  IreiirerTsdi 
empower  the  treasurer  of  said  parish,  for  the  time  '*'"^^" 
l)eing,  to  sell  any  part,  or  the  whole  of  their  minis- 
terial  lands   lying  within  the   town  of  Hopkinton, 
and  to  make  and   execute  a  deed  or  deeds  thereof, 
and  invest  the  proceeds  of  the  sale  or  sales  of  said 
lands  in   such  manner  as  the   said   parish,  by   their 
vote,  or  by  the  direction  of  a  committee  thereto  duly 
authorized    by  said   parish,   shall  order  and  direct  : 
provided,    that    the    minister   or    ministers    of  said 
parish,  for  the  time   being,  shall  concur  with  said 

84 


660  WESTERN  R.  ROAD  COR.       March  15,  1833. 

parish  in  the  sale  of  said  lands,  and  join  in  the 
execution  of  any  deed  or  deeds  made  for  the  con- 
veyance thereof:  cvnd  provided  also,  that  the  pro- 
ceeds aforesaid  shall  be  so  invested  that  the  income 
thereof  only  shall  be  applied  for  the  support  of  the 
ministry  in  said  parish. 

[Approved  by  the  Governor,  March  15,  1833.] 


CHAP.  CXVI. 


An  Act  to  establish  the  Western  Rail  Road  Corpo- 
ration. 

Sec.  1 .  IjE  it  enacted  hy  the  Senate  and  House 
of  Representatives,  in  General  Court  assembled,  and 
Persons  incorpo- 6?/  the  avthoritij  of  the  same,  That  Nathan  Hale, 
David  Henshaw,  George  Bond,  Henry  Williams, 
Daniel  Denny,  Joshua  Clapp,  and  Eliphalet  Wil- 
liams, their  associates,  successors  and  assigns,  be, 
and  they  hereby  are  made  a  body  politic  and /corpo- 
rate, under  the  name  of  the  Western  Rail  Road 
Corporation,  with  the  powers  and  requirements  con- 
tained in  "  an  act  concerning  corporations,"  passed 
March  eighth,  A.  D.  eighteen  hundred  and  thirty 
three.  And  the  said  corporation  are  hereby  author- 
ized to  lay  out  and  construct  a  rail  road,  from  the 
western  termination  of  the  Boston  and  Worcester 
Rail  Road,  to  the  Connecticut  river,  in  the  town  of 
Springfield,  and  across  the  said  river  to  the  western 
boundary  of  the  State,  in  a  direction  towards  the 
Hudson  river,  or   to  any  other  rail  road  which  may 


WESTERN  R.  ROAD  COR.      March  15,  1833.  661 

be  constructed,  leading  from  any  part  of  the  county 
of  Berkshire  to  the  said  river,  in  such  direction,  and 
in  such  manner  and  form  as  they  shall  deem  to  he 
most  expedient.  And  for  this  purpose,  the  said 
corporation  are  authorized  to  lay  out  their  road,  not 
exceeding  five  rods  wide,  through  the  whole  length, 
and  for  the  purpose  of  cuttings,  embankments,  and 
procuring  stone  and  gravel,  may  take  as  much  more 
land  as  may  be  necessary  for  the  proper  construc- 
tion and  security  of  said  road.  Provided,  however,  Damages. 
that  all  damages  that  may  be  occasioned  to  any  per- 
son or  corporation,  by  the  taking  of  such  land  or 
materials  for  the  purposes  aforesaid,  shall  be  paid 
for  by  said  corporation  in  the  manner  herein  after 
provided. 

Sec.  2.  Be  it  further  enacted,  That  the  capital  capital  stock. 
stock  of  said  corporation  shall  consist  of  not  less 
than  ten  thousand,  nor  more  than  twenty  thousand 
shares ;  and  for  the  purpose  of  receiving  subscrip- 
tions to  the  said  stock,  books  shall  be  opened,  under 
the  direction  of  the  persons  named  in  the  first  sec- 
tion of  this  act,  and  of  the  directors,  for  the  time 
being,  of  the  Boston  and  Worcester  Rail  Road  Cor- 
poration, at  such  time,  and  in  such  places  in  the 
city  of  Boston  and  elsewhere,  as  they  shall  appoint, 
to  remain  open  for  ten  successive  days,  of  which 
time  and  places  of  subscription,  public  notice  shall 
be  given  in  one  or  more  newspapers  published  in  the 
counties  of  Suffolk,  Worcester,  Hampden,  and  Berk- 
shire, ten  days  at  least  previous  to  the  opening  of 
such  subscription  ;  and  incase  the  amount  subscribed 
shall  exceed  twenty  thousand  shares,  the  stockhold- 
ers for  the  time  being,  in  the  Boston  and  Worcester 
Rail  Road  Corporation,  shall  be  entitled,  in  prefer- 
ence to  other    subscribers,   to   hold   any  number  of 


662  WESTERN  R.  ROAD.  COR.     March  15,  1833. 

shares  subscribed  for  by  them,  not  exceeding  the 
number  they  may  hold  in  the  stock  of  the  said  Bos- 
ton and  Worcester  Rail  Road  Corporation,  and  the 
remainder  shall  be  distributed  among  all  the  sub- 
scribers, according  to  such  regulations  as  the  per- 
sons having  charge  of  the  opening  of  the  subscrip- 
First meeting,  tiou  books  shall  prescribe.  And  any  three  of  the 
persons  named  in  the  first  section  of  this  act  are 
hereby  authorized  to  call  the  first  meeting  of  the 
said  corporation,  by  giving  notice  in  one  or  more 
nevvspapers  published  in  each  of  the  counties 
above  named,  of  the  time,  place  and  purpose  of 
such  nieeting,  at  least  ten  days  before  the  time 
mentioned  in  such  notice.  And  the  immediate 
government  of  said  cor[)oration  shall  be  vested 
in  a  board  of  not  less  than  seven  directors,  who 
shall  be  chosen  by  the  members  of  the  corpo- 
ration, in  the  manner  hereinafter  provided,  and 
shall  hold  their  offices  until  others  shall  be  duly 
elected  and  qualified  to  take  their  places  as  directors, 
a  majority  of  whom  shall  form  a  quorum  for  the 
transaction  of  business,  and  they  shall  elect  one  of 
their  number  to  be  the  president  of  the  board,  who 
shall  also  be  the  president  of  the  corporation,  and 
shall  have  authority  to  choose  a  clerk,  who  shall 
be  sworn  to  the  faithful  discharge  of  his  duty,  and 
a  treasurer,  who  shall  give  bonds  to  the  corpora- 
tion with  sureties  to  the  satisfaction  of  the  direct- 
ors, in  a  sum  of  not  less  than  twenty  thousand  dol- 
lars, for  the  faithful  discharge  of  his  trust. 
President  and  di.  ^^^'  ^'  ^^  itfvrt/ier  etiacte.d,  That  the  presi- 
ered'&^'"^°'^  dent  and  directors  for  the  time  being  are  hereby 
authorized  and  empowered,  by  thcTmselves  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 


WESTERN  R.  ROAD  COR.      March  15,  1833.  663 

transportation  of  persons,  goods,  and  merchandize, 
and  all  such  power  and  authority  for  the  manage- 
ment of  the  aft'airs  of  the  cor[)oration  as  may  he 
necessary  and  proper  to  carry  into  effect  the  ohjects 
of  this  grant;  to  purchase  and  hold  land,  materials, 
engines,  cars,  and  other  necessary  things  in  the 
name  of  the  corporation,  for  the  use  of  said  road, 
and  for  the  transportation  of  persons,  goods  and 
merchandize  ;  to  make  such  equal  assessments  from  Assessments. 
time  to  time,  on  all  the  shares  in  the  said  corpora- 
tion, as  they  may  deem  expedient  and  necessary  in 
the  execution  and  progress  of  the  work,  and  direct 
the  same  to  he  paid  to  the  treasurer  of  the  corpora- 
tion. And  the  treasurer  shall  give  notice  of  all  such 
assessments;  and  incase  any  subscriher  or  stock- 
holder shall  neglect  to  pay  any  assessment  on  his 
share  or  shares  for  the  space  of  thirty  days  after  due 
notice  by  the  treasurer  of  said  corporation,  the  di- 
rectors 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  sell  for  less  than  the  assessments  due  thereon, 
with  the  interest  and  costs  of  sale  ;  and  shall  be 
entiiled  to  the  overplus,  if  his  share  or  shares  shall 
sell  for  more  than  the  assessments  due,  with  the 
interest  and  costs  of  sale  :  provided  however,  that 
no  assessments  shall  be  laid  upon  any  shares  in  said 
corporation,  of  a  greater  amount  in  the  whole,  than 
one  hundred  dollars  on  a  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  conveyed 


664  WESTERN  R.  ROAD  COR.      March  15,  1833. 

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  form  of  cars  and  carriages, 
the  weight  of  loads,  and  all  other  matters  and 
things  in  relation  to  the  use  of  said  road,  shall  be  in 
conformity  with  such  rules,  regjuiations  and  pro- 
visions, 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 
Proviso,  reduc     reffuhitious  I  vrovided  hoivever,  that  if,  at  the  expi- 

ing   the  rates   of        ~  -*  r  i  \       •  r 

toil-  ration  often  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  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.  Pro- 
vided further,  that  the  Legislature  shall  not  at  any 
time  so  reduce  the  tolls  and  other  profits  as  to  pro- 
duce less  than  ten  per  centum  upon  the  cost  of  the 
said  rail  road,  without  the  consent  of  said  corpora- 
tion ;  and  no  other  rail  road  than  the  one  hereby 
granted,  shall,  within  thirty  years  from  the  passing 
of  this  act,  be  authorized  to  be  made,  leading  from 
Worcester  or  Millbury  to  the  county  of  Hampden, 
or  from  Springfield  to  the  county  of  Berkshire. 
Directors  author-  Sec.  5.  Be  it  furthcr  enucted,  That  the  direc- 
Iunises,&^^'  '°    tors  of   Said  corporation    for   the    time    being    are 


WESTERN  R.  ROAD  COR.      March  15,  1833.  665 

hereby  authorized  to  erect  toll  houses,  establish 
gates,  appoint  toll  gatherers,  and  demand  toll  upon 
the  road  when  completed,  and  upon  such  jjarts 
thereof  as  shall  from  time  to  time  be  completed. 

Sec.  6.     Be  it   further  enacted,    That   the    said  ^°''P°''f:°"  ^"r 

*/  '  thorized  to  make 

corporation  be,  and  they  hereby  are  authorized  to  r^H^o^d  °^  ^^'"^ 
make  branches  of  the  said  rail  road,  leading  from 
their  main  road  to  such  convenient  places  in  either 
of  the  towns  through  which  the  said  main  road  shall 
pass,  or  the  towns  adjoining  the  same,  as  they  may 
deem  suited  to  promote  the  convenience  of  the  in- 
habitants thereof,  and  the  interests  of  the  said  cor- 
poration ;  and  also  to  construct  a  branch  of  the  said 
rail  road,  within  the  valley  of  the  Connecticut  river 
to  the  southern  boundary  of  the  State,  in  a  direc- 
tion towards  the  city  of  Hartford,  for  the  purpose 
of  uniting  with  such  rail  road  as  may  be  constructed, 
to  meet  the  same  within  the  State  of  Connecticut. 

Sec.  7.  Be  it  further  enacted,  That  the  said  ^^nTparaii"'* 
corporation  shall  be  holden  to  pay  all  damages  that  '^^'"^s'^^- 
may  arise  to  any  person  or  persons,  corporation  or 
corporations,  by  taking  their  lands  or  other  property 
for  said  rail  road,  when  it  cannot  be  obtained  by 
voluntary  agreement,  to  be  estimated  and  recovered 
in  the  manner  provided  by  law  for  the  recovery  of 
damages  happening  from  the  laying  out  of  highways. 

Sec.  8.     Be  it  further  enacted,  That  when   the  Land  of  any 

"^  _  married   woman, 

lands,  or  other  property  of  any  married  woman,  '"'am; ''^<"- 
infant,  or  person  uirder  guardianship,  shall  be  neces- 
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  approjiriated  as 
aforesaid,  as  they  might  do  if  the  same  were  holden 
by  them  in  their  own  right  respectively. 


6Q6  WESTERN  R.  ROAD  COR.        March  15,  1833. 

Forfeiture  for  in-      Sec.    9.  Bc  it  further  cwr/dcr/,  That  if  anv  per- 
jury or  obstruc-  i  •    •         i 

tion  of  rail  road,  son  shall  wilfully  aiicl  tnaliciously,  or  wantonly,  and 
contrary  to  law,   obstruct  the  passage   of  any  car- 
riage on  said  rail    road,  or  in  any   way  spoil,  injure 
or  destroy  said  rail  road,  or  any  part  thereof,  or  any 
thing  belonging  thereto,  or  any  material  or  imple- 
ments to  be   employed  in  the  construction,  or   for 
the   use  of  said   road,  he,  she  or  they,  or  any  per- 
son or  persons  assisting,  aiding  or  abetting  in  such 
trespass,  shall   forfeit   and  pay  to  said  corporation, 
for  every  such  offence,  treble  such  damages  as  shall 
be  proved  before  the  justice,  court  or  jury,  before 
whom  the  trial  shall  be  had,  to  be  sued  for  and  re- 
covered before  any  justice,  or  in   any   court  proper 
to  try  the   same,  by   the   treasurer  of  the  corpora- 
tion, or  other  officer  whom  they  may  direct,  to  the 
use  of    said   corporation  ;    and    such   offender  or 
offenders  shall  be  liable  to  indictment  by  the  grand 
inquest  for   the  county  within  which  such  trespass 
shall    have    been  committed,   for    any   offence   or 
offences   contrary  to  the  above  provisions,  and  on 
conviction  thereof,   before  any  court  competent  to 
try  the  same,   shall   pay  a  fine,  not  exceeding  one 
hundred  dollars,  nor  less  than  thirty  dollars,  to  the 
use  of  the  Commonwealth,  or  may  be   imprisoned 
for  a  term  not  exceeding  one   year,  at  the  discre- 
tion of  the  court  before  whom  such  conviction  may 
be  had. 
Annual  meeting.       Sec.   10.  Be  U  fuvther  enactecl,  That  the  annual 
meeting  of  the   members  of  said  corporation  shall 
be  holden  on  the  second  Monday  of  June,  at  such 
time  and  place  as  the  directors  for  the  time  l)eing 
shall  appoint,  at  which  meeting   the  directors  shall 
be  chosen  by  ballot,  each  proprietor  being  entitled 
to  as  aiaijy  votes  as  he  holds  shares  :  provided,  that 


WESTERN  R.  ROAD  COR.      March  15,  1833.  667 

no  vote  shall  be  given  by  any  proprietor  by  reason 
of  any  shares  held  by  him,  exceeding  one  tenth 
part  ot  the  whole  number  of  shares.  And  the  di- 
rectors 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  if  rail  road  cross 
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  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  his 
reasonable  damages  for  such  injury  :  and  if  the  said  ^obecoScS 
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  corpora- 
tion shall  have  the  power  to  raise  or  lower  such 
turnpike,  highway,  or  private  way,  so  that  the  said 
rail  road,  if  necessary,  may  conveniently  pass  under 
or  over  the  same  ;  and  if  said  corporation  shall 
raise  or  lower  any  such  turnpike,  highv>'ay  or  pri- 
vate way,  and  shall  not  so  raise  or  lower  the  same 
as  to  be  satisfactory  to  the  proprietors  of  such 
turnpike,  or  to  the  selectmen  of  the  town  in  which 
said  highway  or  private  way  may  be  situate,  as  the 
case  may  be,  said  proprietors  or  selectmen  may 
require  in  writing  of  said  corporation,  such  altera- 
tion or  amendment  as  they  may  think  necessary. 
And  if  the  required  amendment  or  alteration  be 
reasonable  and  proper,  in  the  written  opinion  of 
85 


668  WESTERN  R.  ROAD  COR.        March  15,  1833. 

the  County  Commissioners  for  the  county  in  which 
such  alteration  or  amendment  is  proposed,  and  the 
said  corporation  shall  unnecessarily  and  unreason- 
ably neglect  to  make  the  same,  such  proprietors  or 
selectmen,  as  the  case  may  be,  may  proceed  to 
make  such  alteration  or  amendment,  and  may  insti- 
tute and  prosecute  to  final  judgment  and  execution, 
in  any  court  proper  to  try  the  same,  any  action  of 
the  case  against  said  corporation,  and  shall  therein 
recover  reasonable  damages  for  all  charges,  dis- 
bursements, labor  and  services,  occasioned  by  mak- 
ing such  alterations  or  amendments,  with  costs  of 
suit. 
Conditions,  &c.  Sec.  12.  Be  it  further  enacted^  That  if  the  said 
corporation  shall  not  have  been  organized,  and  the 
location  of  the  route  filed  with  the  county  commis- 
sioners of  the  counties  through  which  the  same  shall 
pass,  on  or  before  the  first  day  of  December,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and 
thirty-eight,  or  if  the  said  corporation  shall  fail  to 
complete  the  part  of  said  rail  road  leading  from 
Worcester  to  the  Connecticut  river  on  or  before 
the  first  day  of  December,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  thirty-nine,  in 
either  of  the  above  mentioned  cases  this  act  shall 
be  null  and  void. 

Sec.  13.  Be  it  further  enacted,  That  said  rail 
road  corporation  shall  constantly  maintain  in  good 
repair  all  bridges,  with  their  abutments  and  em- 
bankments, which  they  may  construct  for  the  pur- 
pose of  conducting  their  rail  road  over  any  canal, 
turnpike,  or  other  highway,  or  any  private  way,  or 
for  conducting  such  private  v/ay,  turnpike,  or  other 
highway,  over  said  rail  road. 


Bridges. 


WESTERN  R.  ROAD  CO.         March  15,  1833.  669 

Sec.  14.  Be  it  further  enacted,  That  the  govern-  ^u^STSr^^ 
mentof  the  Commonwealth,  may,  at  any  time  during  '■°ad,&c. 
the  continuance  of  the  charter  hereby  granted, 
after  the  expiration  of  twenty  years  from  the  open- 
ing of  the  said  western  rail  road  for  use,  pur- 
chase of  the  said  corporation  the  said  rail  road, 
and  all  the  franchise,  property,  rights  and  privileges 
of  the  said  corporation,  by  paying  them  therefor 
the  amount  expended  in  making  said  rail  road  ; 
and,  in  case  at  the  time  of  making  such  purchase 
the  said  corporation  shall  not  have  received  a  net 
income  equal  to  ten  per  cent,  per  annum  on  the 
said  expenditures,  from  the  time  of  the  payment 
thereof  by  the  stockholders,  by  paying  the  said 
corporation  such  additional  sum  as,  together  with 
the  tolls  and  profits  of  every  kind  which  they  shall 
have  received  from  the  said  rail  road,  will  be  equal 
to  a  net  profit  of  ten  per  cent,  per  annum  on  the 
cost  of  said  rail  road,  from  the  date  of  the  payment 
thereof  by  the  stockholders  of  the  said  corporation 
to  the  time  of  such  purchase.  And  it  shall  be  the 
duty  of  said  corporation,  from  year  to  year,  to 
make  a  report  to  the  legislature,  under  oath,  of 
their  acts  and  doings,  receipts  and  expenditures, 
under  the  provisions  of  this  act.  And  their  books  Books  to  be  open 
shall  at  all  times  be  open  to  the  inspection  of  any  S JommuC°" 
committee  of  the  legislature,  appointed  for  that 
purpose.  And  if  said  corporation  shall  unreason-  Forfeiture  for  ne- 
ably  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. 


670  WESTERN  R.  ROAD  COR.        March  16,  1833. 

Bridge.  gg^^   15^  ^g  it  further  enacted,    That  the    said 

corporation  be,  and  they  hereby  are  authorized  and 
empowered  to  erect,  for  the  sole  and  exclusive 
accommodation  of  the  travel  on  their  said  rail  road, 
a  bridge  across  the  waters  of  Connecticut  river, 
from  Springfield  to  West  Springfield,  in  such  place 
as  they  may  think  proper  :  provided,  said  bridge 
shall  be  so  constructed  as  not  to  obstruct  nor  un- 
necessarily to  impede  the  navigation  of  said  river  ; 
and  the  said  corporation  shall  be  authorized  to  re- 
ceive no  other  or  greater  rates  of  toll  for  passing 
said  bridge  than  for  passing  a  like  distance  on  any 
other  portion  of  the  said  rail  road  ;  and  it  shall  not 
be  lawful  for  the  said  corporation  to  permit  the 
passing  of  said  bridge  by  carriages  of  any  descrip- 
tion other  than  those  which  are  adapted  to  travel- 
ling on  the  said  rail  road,  nor  by  horses  or  other 
animals  not  attached  to  such  rail  road  carriages, 
nor  by  persons  on  foot,  except  such  persons,  car- 
riages, horses,  or  other  animals,  as  may  be  employ- 
ed in  the  immediate  service  of  the  said  corpora- 
tion. 

[Approved  by  the  Governor,  March  15,  1833.] 


BOST.  MERCHANTS  INS.  CO.  March  15,  1833.  671 


CHAP.  CXVII. 

An  Act  to  continue  in  force  an  Act  to  incorporate 
the  Merchants  Insurance  Company  in  Boston, 
and  the  several  acts  in  addition  thereto. 

Sec.  1.  He  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same.  That  the  act  to  incor-  Act  to  remain  in 

1        n/r         I  T  '""  '°''*=®  twenty 

porate  the  Merchants  Insurance  Company  in  Boston,  years. 
passed  on  the  fifth  day  of  December,  one  thousand 
eight  hundred  and  sixteen,  and  also  an  act  in  addi- 
tion to  an  act  to  incorporate  the  Merchants  Insur- 
ance Company  in  Boston,  passed  on  the  tenth  day  of 
February,  one  thousand  eight  hundred  and  eighteen, 
and  also  an  act  in  further  addition  to  an  act  to 
incorporate  the  Merchants  Insurance  Company  in 
Boston,  passed  on  the  twelfth  day  of  June,  one 
thousand  eight  hundred  and  nineteen,  and  also  an 
act  in  further  addition  to  an  act  to  incorporate  the 
Merchants  Insurance  Company  in  Boston,  passed  on 
the  fourth  day  of  March,  one  thousand  eight  hun- 
dred and  twenty-six,  shall  be,  and  remain  in  full 
force  for  the  space  of  twenty  years  from  the  fifth 
day  of  December,  one  thousand  eight  hundred  and 
thirty-six  :  provided,  the  same  shall  not  be  sooner  proviso. 
repealed,  any  thing  in  either  of  the  acts  to  the  con- 
trary notwithstanding. 

Sec.  2.     Be  it  further  enacted,   That   the   said  May  augment 
Merchants  Insurance   Company  be,  and  hereby  are  *^^ ' 
authorized  to   augment  their  capital  stock  to  any 
amount  not  exceeding  five  hundred  thousand  dollars, 


672  WORC.  &  NOR.  R.  ROAD  CO.  March  15,  1833. 

the  additional  stock  to  be  divided  into  shares  of  one 
hundred  dollars  each,  and  to  be  subscribed  under 
the  direction  of  the  president  and  directors  for  the 
time  being,  when,  and  on  such  terms  and  conditions 
as  they,  and  the  subscribers  for  the  stock,  may  agree  : 
provided,  that  no  person  who  is  a  director,  shall, 
while  in  the  exercise  of  that  office,  subscribe  any 
part  of  said  new  stock. 
ifow  sSribe?'  ^Ec.  3.  Be  it  further  enacted,  That  the  addi- 
tional stock  which  may  be  subscribed  as  aforesaid, 
shall  be  paid  in  and  invested  in  the  same  manner 
as  the  other  part  of  the  capital  is  required  to  be 
invested,  within  sixty  days  after  the  same  shall  be 
subscribed,  and  shall  be  subject  to  all  the  pro- 
visions of  the  laws  as  the  other  part  of  the  capital, 
and  entitled  to  all  the  privileges  to  which  it  is 
entitled. 

[Approved  by  the  Governor,  March  15,  1833.] 


CHAP.  CXVIII. 

An  Act  to  incorporate  the  Worcester  and  Norwich 
Rail  Road  Company. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
Persons  incorpo-  bij  the  authority  of  the  same.  That  Samuel  Slater, 
Stephen  Salisbury,  and  Jonathan  Davis,  their  asso- 
ciates, successors  and  assigns,  be,  and  they  hereby 
are  made  a  body  politic  and  corporate,  under  the 
name  of  the  "  Worcester  and  Norwich  Rail  Road 
Company,"  with  the  powers  and  requirements  con- 


WORC.  &  NOR.  R.  ROAD  CO.  mrch  15,  1833.  673 

tained  in  "  an  act  concerning  corporations,"  passed 
March  eighth,  one  thousand  eight  hundred  and 
thirty-three.  And  the  said  company  are  hereby 
authorized  and  empowered  to  locate,  construct.  Location. 
and  finally  complete  a  rail  road,  commencing  in  or 
near  the  town  of  Worcester,  and  thence  in  the 
direction  of  the  city  of  Norwich,  in  the  State  of 
Connecticut,  to  any  point  in  the  southern  boundary 
of  this  Commonwealth,  within  the  towns  of  Web- 
ster or  Dudley,  in  the  county  of  Worcester,  in  such 
manner  and  form  as  they  shall  deem  to  be  most 
expedient ;  and  for  this  purpose  the  said  company 
are  authorized  to  lay  out  their  road,  not  exceeding 
five  rods  wide,  through  the  whole  length  ;  and  for 
the  purpose  of  cuttings,  embankments,  and  procur- 
ing stone  and  gravel,  may  take  as  much  more  land 
as  may  be  necessary  for  the  proper  construction 
and  security  of  said  road.  Provided  however,  that  Damages. 
all  damages  that  may  be  occasioned  to  any  person 
or  corporation,  by  the  taking  of  such  land  or  mate- 
rials for  the  purposes  aforesaid,  shall  be  paid  by 
said  company  in  the  manner  hereinafter  provided. 

Sec.  2.  Be  it  further  enacted,  That  the  capital  shares. 
stock  of  said  company  shall  consist  of  four  thousand 
shares  ;  and  the  immediate  government  and  direc-  Government. 
tion  of  the  affairs  of  said  company  shall  be  vested 
in  a  board  of  not  less  than  five  directors,  who  shall 
be  chosen  by  the  members  of  the  company  in  the 
manner  prescribed  in  their  by-laws,  and  shall  hold 
their  offices  until  others  shall  be  duly  elected  and 
qualified  to  take  their  places  as  directors ;  and  the 
said  directors,  a  majority  of  whom  shall  form  a 
quorum  for  the  transaction  of  business,  shall  elect 
one  of  their  own  number  to  be  president  of  tlie 
board,  and  who  shall  also  be  president  of  the  com- 


674  WORC.  &  NOR.  R.  ROAD  CO.  March  15,  1833. 

~» 

pany  ;  and  shall  have  authority  to  choose  a  clerk, 
who  shall  bo  sworn  to  the  faithful  discharge  of  his 
duty,  and  a  treasurer,  who  shall  give  bonds  to  the 
company,  with  sureties  to  the  satisfaction  of  the 
directors,  in  a  sum  not  less  than  twenty  thousand 
dollars,  for  the  faithful  discharge  of  his  trust. 

Powers  of  offi-  s^^^  3.  ^g  {^  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  company,  for  the  purpose  of  locating,  con- 
structing and  completing  said  rail  road,  and  for 
the  transportation  of  persons,  goods  and  merchan- 
dize ;  and  all  such  other  powers  and  authority  for 
the  management  of  the  affairs  of  the  company,  not 
heretofore  granted,  as  may  be  necessary  and  proper 
to  carry  into  effect  the  objects  of  this  grant ;  to 
purchase  and  hold  land,  materials,  engines,  cars, 
and  other  necessary  things  in  the  name  of  the 
company,  for  the  use  of  said  road,  and  for  the 
transportation  of  persons,  goods  and  merchandize  ; 

Assessments.  [o  make  such  cqual  assessments  from  time  to  time 
on  all  the  shares  in  said  company,  as  they  may 
deem  expedient  and  necessary  in  the  execution 
and  progress  of  the  work,  and  direct  the  same  to 
be  paid  to  the  treasurer  of  the  company.  And  the 
treasurer  shall  give  notice  of  all  such  assessments  ; 
and  in  case  any  subscriber  or  stockholder  shall 
neglect  to  pay  his  assessment  for  the  space  of  thirty 
days  after  due  notice  by  the  treasurer  of  said  com- 
pany, 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 


WORC.  &  NOR.  R.  ROAD  CO.   March  15,  1833.  675 

held  accountable  to  the  company  for  the  balance, 
if  his  share  or  shares  shall  sell  for  less  than  the 
assessments  due,  with  interest,  and  the  costs  of 
sale  ;  and  after  paying  the  same,  shall  be  entitled 
to  the  overplus,  if  any  remaining.  Provided 
however,  that  no  assessments  shall  be  laid  upon 
any  shares  in  said  company,  of  a  greater  amount 
in  the  whole  than  one  hundred  dollars  on  a 
share. 

Sec.  4.  Be  it  further  enacted,  That  a  toll  be,  Toh. 
and  hereby  is  granted  and  established,  for  the  sole 
benefit  of  said  company,  upon  all  passengers,  and 
property  of  all  descriptions,  which  may  be  conveyed 
or  transported  upon  said  road,  at  sucli  rates  per 
mile  as  may  be  agreed  upon  and  established  from 
time  lo  time  by  the  directors  of  said  company. 
And  the  transportation  of  persons  and  property, 
the  construction  of  wheels,  the  form  of  cars  and 
carriages,  the  weight  of  loads,  and  all  other  mat- 
ters 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  hoivever,  that  it^,  at  the  expira-  Proviso,  reduc- 

r.  r  1       r  1  •  r-    I  inff   the   rales  of 

tion  oi  ten  years,  trom  and  alter  the  tune  ot  the  com-  toil. 
pletion  of  said  road,  the  net  income  or  receipts 
from  tolls  and  other  profits,  taking  the  ten  years 
aforesaid  for  the  basis  of  calculation,  shall  have 
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  ofT  the 
overplus  for  the  next  ten  years,  calculating  the 
86 


676 


WORC.  &  NOR.  R.  ROAD  CO.  March  15,  1833. 


Toll-houses, 
gates,  &c. 


Damagfes. 


amount  of  transportation  upon  the  road  to  be  the 
same  as  in  the  ten  next  preceding  years  ;  and  at 
the  expiration  of  every  ten  years  thereafter,  the 
same  proceedings  may  be  had.  Provided  further, 
that  the  legislature  shall  not,  at  any  time,  so  reduce 
the  tolls  and  other  profits  as  to  produce  less  than 
ten  per  cent,  per  annum  upon  the  cost  of  said  road, 
without  the  consent  of  said  company. 

Sec.  5.  Be  it  further  enacted,  That  the  directors 
of  said  company  for  the  time  being,  are  hereby  au- 
thorized to  erect  toll-houses,  establish  gates,  appoint 
toll  gatherers,  and  demand  toll  upon  the  road  when 
completed,  and  upon  such  parts  thereof  as  shall  from 
time  to  time  be  completed. 

Sec.  6.  Be  it  further  enacted,  That  said  company 
shall  be  holden  to  pay  all  damages  that  may  arise 
to  any  person  or  corporation  by  taking  their  land  or 
other  property  for  said  road,  when  it  cannot  be 
obtained  by  voluntary  agreement,  to  be  estimated 
and  recovered  in  the  manner  provided  by  law  for 
the  recovery  of  damages  happening  by  the  laying 
out  of  highways. 
Land  of  any  Sec.  7.  Bc  it  further  euacted,  That    when    the 

married  woman, 

infant,  &c.  lauds  or  Other  property  or  estate  of  any  married 
woman,  infant,  or  other  person  under  guardianship, 
shall  be  necessary  for  the  construction  of  said  road, 
the  husband  of  such  married  woman,  and  the  guar- 
dian of  such  infant  or  other  person,  may  release  all 
damages  for  any  lands  or  estates  taken  and  appro- 
priated as  aforesaid,  as  they  might  do  if  the  same 
were  holden  by  them  in  their  own  right  respec- 
tively. 

Forfeiture  for  Sec.  8.  Be  it  further  enacted,  That  if  any  per- 

injury  or  obstruc-  i      ii  -ir    ii  i-    •  i  i  i 

tion  of  rail  road,  son    shall   wiltully,    maliciously,  or    wantonly,  and 


WORC.  &  NOR.  R.  ROAD  CO.  March  15,  1833.  677 

contrary  to  law,  obstruct  the  passage  of  any  car- 
riage on  said  rail  road,  or  in  any  way  injure  or  de- 
stroy the  same,  or  any  part  thereof,  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, 
assisting,  aiding  or  abetting  in  such  trespass,  shall 
forfeit  and  pay  to  said  company,  for  every  such 
offence,  treble  the  amount  of  such  damages  as  shall 
be  proved  before  the  justice,  court  or  jury,  before 
whom  the  trial  shall  be  had,  to  be  sued  for  and  re- 
covered before  any  justice,  or  any  court  proper  to 
try  the  same,  by  the  treasurer  of  the  company,  or 
other  officer  whom  they  may  direct,  to  the  use  of 
said  company  ;  and  such  offender  or  offenders  shall 
be  further  liable  to  indictment  by  the  grand  inquest 
for  the  county  within  which  such  trespass  shall  have 
been  committed,  for  any  offence  or  offences  contrary 
to  the  above  provisions,  and,  on  conviction  thereof, 
before  any  court  competent  to  try  the  same,  shall 
pay  a  fine,  not  exceeding  one  hundred  dollars,  nor 
less  than  thirty  dollars,  to  the  use  of  the  Common- 
wealth, or  may  be  imprisoned  for  a  term  not  exceed- 
ing 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 
entitled  to  as  many  votes  as  he  holds  shares  :  pro- 
vided, that  no  vote  shall  be  given  by  any  proprie- 
tor by  virtue  of  any  share  held  by  him,  exceeding 
one  tenth  part  of  the  whole  number  of  shares. 

Sec.  10.  Be  it  further  enacted,  That  if  the  said  if  ran  road  cross 
rail  road,  in  the  course  thereof,  shall  cross  any  pri-  *">' P"^ate  way, 
vatc  way,  the  said  company  shall  so  construct  their 


678  WORC.  &  NOR.  R.  ROAD.  CO.  March  15,  1833. 

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  en- 
titled to  his  action  in  the  case  in  any  court  proper 
to  try  the  same,  and  shall  recover  his  reasonable 
how  to  be  con-  damagcs  for  such  injury  :  and  if  the  said  rail  road 

structed.  ,      „     .         ,  1  /•  1 

shall,  in  the  course  thereof,  cross  any  canal,  turn- 
pike, or  highway,  the  said  rail  road  -shall  be 
so  constructed  as  not  to  impede  or  obstruct  the 
safe  and  convenient  use  of  such  canal,  turnpike  or 
highway.  And  the  said  company  shall  have  the 
power  to  raise  or  lower  such  turnpike,  highway, 
or  private  way,  so  that  the  said  rail  road,  if  neces- 
sary, may  conveniently  pass  under  or  over  the  same, 
and  if  said  company  shall  raise  or  lower  any  such 
turnpike,  highway  or  private  way,  and  shall  not  so 
raise  or  lower  the  same  as  to  be  satisfactory  to  the 
proprietors  of  such  turnpike,  or  to  the  selectmen  of 
the  town  in  which  such  highway  or  private  way 
be  situated,  said  proprietors  or  selectmen  may 
require  in  writing  of  said  company  such  alteration 
or  amendment  therein  as  they  may  think  necessary. 
x\nd  if  the  required  amendment  or  alteration  be 
reasonable  and  proper,  in  the  written  opinion  of 
the  county  commissioners  for  the  county  in  which 
such  alteration  or  amendment  is  proposed  to  be 
made,  and  the  said  company  shall  unreasonably 
and  unnecessarily  neglect  to  make  the  same,  such 
proprietors  or  selectmen,  as  the  case  may  be,  may 
proceed  to  make  such  alteration  or  amendment, 
and  may  institute  and  prosecute  to  final  judgment 
and  execution,  in  any  court  proper  to  try  the  same, 
an  action  of  the  case  therefor  against  said  com- 
pany, and  shall  therein  recover  reasonable  damages 


WORC.  &  NOR.  R.  ROAD  CO.  March  15,  1833.  679 

for  all  charges,  disbursements,  labor  and  services, 
occasioned  by  making  such  alteration  or  amend- 
ment together  with  costs  of  suit. 

Sec.  11.     Be  it  further  enacted,  That,  if  the  said  r-onditions  of 

-'  _  this  act. 

company  shall  not  have  been  organized,  and  the 
location  of  their  rail  road  filed  with  the  county 
commissioners  of  the  county  wherein  the  same  is 
located,  previous  to  the  first  day  of  July,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and 
thirty-six,  or  if  the  said  company  shall  fail  to  com- 
plete said  rail  road  previous  to  the  first  day  of  July, 
in  the  year  of  our  Lord  eighteen  hundred  and 
thirty-eight,  in  either  of  the  above  mentioned  cases 
this  act  shall  be  null  and  void. 

Sec.  12.  Be  it  further  enacted,  That  said  com-  company  to 
pany  shall  constantly  mamtam  m  good  repair  all  repair aii bridges, 
bridges  with  their  abutments  and  embankments, 
which  they  may  construct,  for  the  purpose  of 
conducting  their  rail  road  over  any  canal,  turnpike, 
highway  or  private  way,  or  for  conducting  such 
turnpike,  highway  or  private  way  over  said  rail  road. 

Sec.   13.     Be  it  further  enacted,  That  the  legis-  ^J^lSTny""^^ 
lature   may   authorize  any   company  to  enter  with  ^,°51^Pa^"^iher^"S 
another  rail  road   at  any    point  in  said   Worcester  foad,&c. 
and  Norwich  rail  road,  pjiying  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  Worcester  and  Norwich 
rail  road  company,   by  virtue  of  the  fourth  section 
of  this  act.     And  it  shall  be  the  duty  of  said  com- 
pany,  from  year  to  year,  to  make   report   to  the 
legislature   under  oath,  of  their  acts  and   doings, 
receipts  and  expenditures,  under  the  provisions  of 


680  WORC.  &  NOR.  R.  ROAD  CO.  March  15,  1833. 

this  act;  and  their  books  shall  at  all  times  be  open 
to  the  inspection  of  any  committee  of  the  legisla- 
ture appointed  for  that  purpose,  and  if  said  com- 
pany 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  thou- 
sand dollars,  to  be  recovered  by  action  or  indict- 
ment in  any  court  of  competent  jurisdiction. 
May  unite  rail  Sec.   14.     Be  it  further  euacted,   That  the   said 

road  with  Boston  i    tvt  •     i  -i  i  i  i 

and  Worcester     Worcester  aud  JNorvvich  rail  road  company  be,  and 

rail  road.  i  •  i      • 

they  hereby  are  authorized  to  enter  and  unite  their 
rail  road  with  the  Boston  and  Worcester  rail  road, 
at  any  point  therein,  within  the  towns  of  Worcester 
or  Millbury,  upon  the  terms,  and  agreeably  to  the 
provisions  contained  in  "  an  act  to  establish  the 
Boston  and  Worcester  Rail  Road  Corporation," 
passed  on  the  twenty-third  day  of  June,  in  the  year 
of  our  Lord  eighteen  hundred  and  thirty-one. 
Governmentmay      ggc.   15.     Bc  it  further  cuacted,  That  the  gov- 

purchase  rail  "^  . 

road.  ernment  of  the  Commonwealth,  at  any  time  during 

the  continuance  of  the  charter  of  the  Worcester 
and  Norwich  rail  road  company,  after  the  expira- 
tion of  twenty  years  from  the  time  of  the  comple- 
tion of  said  road,  may  purchase  the  same  of  said 
company,  and  all  the  franchise,  rights  and  privi- 
leges of  said  company,  by  paying  them  therefor  the 
.amount  expended  in  making  said  road  ;  and  in 
case,  at  the  time  of  such  purchase,  the  said  com- 
pany shall  not  have  received  a  net  income  equal 
to  ten  per  cent,  per  annum  on  the  amount  of  such 
expenditure,  from  the  time  of  the  payment  thereof 
by  the  stockholders,  by  paying  said  company  such 


CITY  MUX.  FIRE  INS.  CO.        March  13,  1833.  681 

additional  sum,  as,  together  with  the  tolls  and 
profits  of  every  kind  which  they  shall  have  received 
from  said  rail  road,  will  be  equal  to  a  net  profit  of 
ten  per  cent,  per  annum  on  the  cost  of  said  road, 
from  the  time  of  payment  thereof  by  the  stock- 
holders, to  the  time  of  said  purchase. 

[Approved  by  the  Governor,  March  15,  1833.] 


CHAP.  CXIX. 

An  Act  incorporating  the  City  Mutual  Fire  Insur- 
ance Company. 

Sec.  I.  JQE  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same,  That  David  Greenough,  Persons  incorpo- 
John  P.  Thorndike,  William  Sawyer,  and  their 
associates  and  successors,  shall  be  a  corporation  in 
the  city  of  Boston,  by  the  name  of  the  City  Mutual 
Fire  Insurance  Company,  and  possess  all  the  powers 
and  privileges  incident  to  such  corporations,  for 
thirty  years. 

Sec.  2.  Be  it  further  enacted,  That  the  capital  capkai  stock, 
stock  of  said  company,  exclusively  of  the  funds 
which  shall  accrue  for  premiums  and  deposits 
received  in  the  transactions  of  its  ordinary  business, 
shall  consist  of  the  sum  of  one  hundred  thousand 
dollars,  and  be  divided  into  shares  of  one  hundred 
dollars  each  ;  and  that  one  quarter  part  thereof 
shall  be  paid  in  money,  within  six  months  after  the 
first  meeting  of  the  corporation,  and  the  residue  in 


682  CITY  MUT.  FIRE  INS.  CO.        March  15,  1833. 

three  equal  instalments,  at  such  times  as  the  direc- 
tors shall  appoint,  Vv^ithin  sixty  days  after  said 
meeting. 

Officers.  Sec.  3.  Be  it  further  enacted,  That  the  said  cor- 

poration, at  their  annual  meeting,  shall  choose  any 
number  of  directors  not  less  than  seven,  five  of 
whom,  at  least,  shall  be  inhabitants  of  the  city  of 
Boston,  who  shall  have  power  to  appoint  a  secre- 
tary, and  such  other  ofticers  of  the  company  as 
they  shall  think  necessary  ;  and  in  the  event  of  the 
death  or  resignation  of  any  director,  or  of  the 
secretary,  or  other  officer,  or  his  inability  to  dis- 
charge the  duties  of  his  office,  by  reason  of  sick- 
ness, absence,  or  otherwise,  the  board  of  directors 
may  elect  a  successor  ;  and  the  said  board  shall, 
immediately  after  its  annual  organization,  proceed 
to  elect  the  president  of  the  company,  who  shall 
also  be  president  of  said  board. 

By-laws.  ^^^^  /^      ^^   ^f  further  enacted,   That  the   said 

company  may  establish  such  by-laws  as  they  may 
deem  necessary,  not  inconsistent  with  the  consti- 
tution and  laws  of  this  Commonwealth,  for  the 
management  of  its  concerns,  and  regulating  the 
mode  of  transferring  shares  of  stock  :  provided 
however,  that  no  transfer  shall  be  valid,  unless 
seasonably  recorded  by  the  secretary  of  the  corpo- 
ration in  a  book  to  be  kept  for  that  purpose. 

Real  estate.  Sec.  5.     Bc  it  further   enacted.    That   the  said 

corporation  are  hereby  made  capable  in  law  to 
hold,  in  fee  simple,  real  estate,  not  exceeding  in 
value  thirty  thousand  dollars  at  any  one  time,  with 
full  powers  to  sell  and  alien  the  same  at  pleasure. 

When  subscrip       Sec.  6.     Bc   it  furthcr  enacted,   That   the  said 

tion    amounts  to  •  "  r  i  c 

two  hundred       couipany  may  insure,  tor  the  term  oi  one  to  seven 

thousand  dollars.  ••         n-  i  i  i       -ii-  •  l 

years,  any  dwelling  house  or  other  buildmg  in  the 


CITY  MUX.  BIRE  INS.  CO.        March  15,  1833.  683 

city  of  Boston,  to  any  amount  not  exceeding  three 
quarters  of  the  value  of  the  property  insured,  when- 
ever and  as  soon  as  the  sums  subscribed  to  be 
insured  shall  amount  to  two  hundred  thousand 
dollars. 

Sec.  7.  Be  it  further  enacted,  That  all  sums  of  Funds. 
money  which  shall  be  received  for  premiums  and 
deposits  for  insurance,  made  by  said  company,  shall 
be  holden  and  invested  as  a  distinct  fund,  separate 
from  the  capital  stock  of  said  company,  to  be  called 
the  available  fund,  and  that  all  the  expenses  of 
conducting  the  business  of  said  company,  and  all 
losses  under  policies  underwritten  by  said  company, 
shall  be  paid  out  of  the  income  and  principal  of 
said  fund,  so  long  as  they  shall  suffice  for  that 
purpose  ;  and  in  the  event  of  any  deficiency  there- 
of, the  directors  shall  have  power  to  assess  upon 
the  persons  insured  by  said  company,  such  sums 
as  they  shall  judge  necessary  for  the  exigencies  of 
the  company  :  provided  however,  that  such  assess-  Proviso. 
ments  shall  be  in  proportion  to  the  several  premiums 
and  deposits  paid  in  by  such  persons,  and  shall 
never  exceed  in  the  aggregate,  twice  the  amount 
of  their  respective  premiums  and  deposits  so  paid 
in.  And  in  case  the  available  fund  and  such 
assessments  shall  not  suffice  to  discharge  the  ex- 
penses and  losses  aforesaid,  then,  and  not  other- 
wise, the  capital  stock  and  the  income  thereof 
shall  be  appropriated  for  that  purpose. 

Sec.  8.  Be  it  further  enacted,  That  each  stock-  votes, 
holder  shall  have  a  right  to  vote  at  the  meetings  of 
said  company,  and  shall  be  entitled  to  one  vote  for 
each  share  held  by  him  :  provided,  that  the  whole 
number  of  votes  of  any  one  member  shall  not 
87 


684  CITY  MUT.  FIRE  INS.  CO.       March  16,  1833. 

exceed  ten,  and  absent  members  may  vote  by  proxy 
in  writing. 
Real  estate,  &c.      Sec.  9.     Be   U  farther   enacted^    That   the  real 

liable   to  attach-  .  i         r         •  i  i      ii   i 

ment.  estatc   and  capital   stock  or  said   company   sliall  be 

liable  to  attachment  upon  mesne  process  and  execu- 
tion, in  the  same  manner  as  are  the  estates  and 
stocks  of  other  insurance  companies,  established 
within  this  Commonwealth. 

Policy  to  create       §£(._    ] Q.  Be  it  furthcr  enactcd,  That,  as  each  of 

a   hen   on  build-  "'  ' 

ings &c. insured.  |]^g  assui'ed  is  liable  to  pay  such  assessments  as  the 
directors  shall  order,  to  secure  the  payment  of  the 
same,  it  is  hereby  provided,  that  a  policy  of  insur- 
ance shall,  of  itself,  without  any  other  act  whatever, 
create  a   lien   on   any   dwelling   house   or   building 

Proviso.  insured,   and  on   the  land   under  it  :  provided,  said 

policy   shall  express  the  intention  of  the   company 

Provision  not  to  relying  on  such  lien.     This  provision  shall  not  pre- 

prevent  the  tak-  „  .  .  i  i  •      i       /• 

ing  any  other     vcut   the   couipauy  trom    taking  any   other   kind  oi 

kind  of  collateral  ,  ,  .  ^     .  •         i         i  i     i 

security.  Collateral   security,  and  in   case    it  should    become, 

necessary  to  resort  to  such  lien,  as  is  hereby  provided, 
it  shall  be  the  duty  of  the  president  and  directors, 
before  they  attempt  to  compel  payment  by  selling 
the  insured  premises,  first,  to  demand  payment  of 
the  assured,  and  in  case  of  his  decease,  of  his  legal 
representative,  and  likewise  of  the  tenants  of  the 
insured  estate ;  and  in  case  payment  is  refused, 
said  company  may  then  sustain  an  action  on  the 
case  against  the  assured,  or  his  legal  representative, 
for  any  sums  due  by  assessment,  and  their  execu- 
tion which  may  issue  thereon,  may  be  levied  on  the 
insured  premises,  and  the  officer  makin«i  the;  levy 
may  sell  the  whole,  or  a  part  thereof,  at  public 
auction,  giving  the  same  notice,  and  proceeding  in 
the  same  manner  as  is  required  in  the  sale  of 
equities    of   redemption    on    execution.       And    the 


CITY  MUT.  FIRE  INS.  CO.       March  15,  1833.  685 

owner  of  the  estate  shall  have  a  right  to  redeem  the 
estate  thus  sold,  within  one  year :  provided,  he 
shall  first  pay  the  costs  of  sale,  the  execution,  and 
six  per  cent,  interest  thereon. 

Sec.   11.     Be   it  further   enacted,    That    at  the  £""^2  ^7t 
expiration  of  the  term  of  each  policy,    the  company  ^ o'Jic^''^hif "*" '^'^ 
shall  pay  the  assured,  each,  his  amount  of  premium  mTumand°dVostt 
and   deposit   money,  and   further,  shall   pay   to  the  '"*'"^y 
assured,  each,  according  to  his  proportion  of  premium 
and   deposit   money,  all  the   net  profits  accruing  to 
said  company  from  the  investment  of  the  available 
fund,  and  from  the  investment  of  the  capital  stock, 
after  deducting,  for  the  use  of  said  stockholders,  six 
per  cent,  interest,  payable  quarter  yearly,  on    the 
amount   of  capital   actually    paid  in   by  them,   and 
invested  in  pursuance  of  the  provisions  of  this  act. 

Sec.  12.   Be  it  further  enacted.  That  this  cor  no-  Corporation  lia- 

^  1  ble  to  be  taxed. 

ration  shall  be  liable  to  be  taxed  by  any  general  law 
of    the    Commonwealth.       Any    two    stockholders  First  meeting. 
named   in   this  act  may   call   the   first  meeting,  by 
publishing   notice  thereof  in   any  two  of  the  news- 
papers published  in  the  city  of  Boston. 

[Approved  by  the  Governor,  March  15,  1833.] 


686  BOS.  AND  ROX.  MILL.  COR.    March  16,  1833. 


CHAP.  CXX. 

An  Act  in  addition  to  "  An  Act  to  establish  the  Bos- 
ton and  Roxbury  Mill  Corporation." 

Be  it  enacted  by  the  Senate  atid  House 

of  Representatives  in  Geiieral   Court  assembled,  and 

Dam  from  Bos-   bv  the  authoritv  of  the  same.  That  unless  the  Bos- 
ton to  South  ^  :/      /  '     _ 

Boston.  ton  and  Roxbury  Mill  Corporation  shall,  on  or  before 

the  first  day  of  Felruary,  one  thousand  eight  hun- 
dred and  thirty  four,  determine  by  legal  vote,  duly 
certified  and  filed  in  the  office  of  the  secretary  of 
state,  to  build,  and  actually  commence  building  a 
dam  from  Boston  to  South  Boston,  not  northerly  or 
easterly  of  Boston  South  Bridge,  with  gates,  sluice 
ways,  and  other  things  necessary  to  admit  and  de- 
tain the  tide  waters  between  said  dam  and  Boston 
neck,  at  the  height  of  common  tides,  vvith  a  good 
and  sufficient  lock,  and  in  all  respects  as  in  the  act 
establishing  said  corporation  is  provided  ;  and  also, 
unless  said  corporation  shall  fully  complete  the  same 
within  two  years  from  the  said  first  day  of  February, 
one  thousand  eight  hundred  and  thirty  four,  in 
either  ca?e  the  right  conferred  on  said  corporation 
to  build  said  dam  shall  cease  and  determine,  and 
thereafter  become  forfeited  and  void  :  provided 
however,  that  any  of  the  owners  (other  than  the  city 
of  Boston)  of  land  and  flats  above  or  southerly  of 
said  bridge  may,  at  pleasure,  fill  up  and  improve  any 
of  their  lands  or  flats  without  hindrance  or  n)olest- 
ation,  until  said  corporation  shall  actually  commence 
building  said  dam.    And  provided  also,  that  nothing 


BOS.  &  NORWE.  COAL  CO.    March  16,  1833.  687 

herein  contained  shall  be  deemed  oi'  taken  to  ex- 
tend or  confirm  any  rights  or  supposed  rights  of  said 
corporation,  nor  in  any  way  to  impair  the  rights  of 
those  who  have  sustained  or  may  sustain  any  dam- 
ages in  consequence  of  the  exercise  of  any  of  the 
powers  granted  to  said  corporation. 

[Approved  by  the  Governor,  March  16,  1833.] 


Persons  incorpo  ■ 


CHAP.  CXXI. 

An  Act  to  incorporate;  the  Boston   and  Norwegian 
Coal  Company. 

Sec.  1.  _oE  it  enacted  by  the  Senate  arid  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same,  That  Edmund  Mun- 
roe,  Amos  Binney,  and  their  associates,  be,  and  they  '■^'^^• 
hereby  are  made  a  corporation  by  the  name  of  the 
Boston  and  Norwegian  Coal  Company,  for  the  pur- 
pose of  mining  and  vending  coal  ;  and  shall  have  all 
the  powers  and  privileges,  and  be  subjected  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  thirtv,  enti- 
tied  "  an  act  defining  the  general  powers  and  duties 
of  manufacturing  corporations." 

Sec.  2.  Be  it  further  enacted,  That  the  said  cor-  Real  and  person- 
poration  may  lawfully  hold  and  manage  such  real  ^'^**^'^- 
estate,  not  exceeding  one  hundred  thousand  dollars 
in  value,  and  such  personal  estate  not  exceeding  one 
hundred  and  fifty  thousand  dollars  in  value,  as  they 


688  LICENSED  HOUSES.  Marcli  16,  1833. 

may  find  expedient  for  carrying  into  effect  the  pur- 
poses of  this  act. 
Certificates  of  g^,^^  ^  £^  j^^  further  enacted,  That  the  certifi- 
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  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  held  in 
Boston  at  such  time  and  place  as  shall  be  appointed 
by  the  persons  named  in  this  act,  who  shall  give 
notice  thereof  by  publication  in  some  newspaper 
printed  in  Boston,  fourteen  days  at  least  before  the 
time  of  meetmg. 

[Approved  by  the  Governor,  March  16,  1833.] 


CHAP.  CXXH. 

An  Act  in  addition  to  "  An  Act  for  the  due  regula- 
tion of  Licensed  Houses." 

Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
MiiyoT3.nd^\deT.  by  the  authority  of  the  same.  That  the  mayor  and 
I^^gra^t^nrenTe''  aldcrmeu  of  the  city  of  Boston  be,  and  they  hereby 
are  authorized  and  empowered  to  grant  licenses  for 
the  town  of  Chelsea,  in  the  county  of  Suffolk,  in  the 
same  manner  as  the  county  commissioners  may,  by 
the  act  to  which  this  act   is  in  addition,  now  grant 


U.  S.  NAV.  BEN.  ASSOC.         March  16,  1833.  689 

licenses  for  the  towns  and  districts  in  their  respec- 
tive counties. 

[Approved  by  the  Governor,  March   16,  1833.] 


CHAP.  CXXIll. 

An    Act   to    incorporate   the    United    States  Naval 
Benevolent  Association. 

Sec.  1.  UK  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same,  That  Joseph  Smitii,  persmsincorpo- 
Thomas  L.  C.  Watkins,  Thomas  W.  Freelon,  T  '■'"''• 
VV.  Wya>an,  Peter  Turner,  Robert  Knox,  Thomas 
Mull,  J.  Evans,  Samuel C.  Hixon,  H.  B.  Sawyer,  Tho- 
mas O.  Selfridge,  B.  V.  Tinslar,  G.  J.  Van  Brunt,  J. 
Crowninshield,  F.  Ellcry,  John  A.  Bates,  Henry 
Bruce,  William  S.  Rogers,  and  B.  V.  Prentiss,  and  such 
others  ns  now  are  or  may  become  their  associates 
and  their  successors,  be,  and  they  are  herebv  incor- 
porated by  the  name  of  the  United  States  Naval 
Benevolent  Association,  for  the  purpose  of  affording 
relief  to  the  widows,  orphans,  parents  or  maiden 
sisters  of  the  members  of  said  association,  and  such 
other  persons  as  said  association  may  from  time  to 
time  deem  entitled  to  its  assistance,  with  the  powers 
and  requirements  contained  in  "  an  act  concerning 
corporations,"  passed  March  eighth,  one  thousand 
eight  hundred  and  thirty-three.  Real  and  person- 

Sec.  2.  Be  it  further  enacted,  That  the  said  cor-  ""'  '''^^'®' 
poration  may  receive  and   take,  by  purchjise,  grant, 
devise,   bequest  or  donation,   any   funds  or  estate, 


690  CORPORATIONS.  Marc/t  16,  1833. 

and  may  hold  the  same  for  the  purposes  aforesaid ; 
provided,  that  the  amount  of  annual  income  of  the 
whole  of  said  funds  and  estate  shall  never  exceed 
the  sum  of  twelve  thousand  dollars. 
bJnds"'"'°^'''°  Sec.  3.  Be  it  further  enacted,  That  the  trea- 
surer of  said  corporation  shall  be  held  to  give  such 
bonds  as  the  corporation  may  direct,  and  he  shall 
always  be  a  resident  of  this  Commonwealth,  but 
any  other  officers  may  be  resident  in  other  of  these 
United  States. 

[Approved  by  the  Governor,  March  10,  1833.] 


CHAP.  CXXIV. 

An  Act  to  regulate  the  Service  of  Writs    and  other 
Process  upon  certain  Corporations. 

Sec.   1 .     I3E  2i  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 

Process.  jjy  fjiQ  autlioritij  of  the  same,  That  whenever   any 

process  shall  be  commenced,  which  shall  by  law  be 
required  to  be  served  upon  any  manufacturing  cor- 
poration, bank,  or  insurance  company,  the  service 
thereof  shall  be  legal,  if  made  upon  the  clerk  of 
such  manufacturing  corporation,  or  upon  their  agent 
or  other  officer  having  charge  of  their  business  at 
their  manufactory,  or  upon  the  cashier  of  such  bank, 
or  the  secretary  of  such  insurance  company,  respec- 
tively, not  less  than  fourteen  days  before  the  sitting 
of  the  court  to  which  the  same  shall  be  returnable. 

When  to  take  cf       Sec.  2.     Be   it  further  enacted.    That    this   act 

fcct> 

shall  take  effect  and  be  in  force  from  and  after  the 


SURETIES  OF  PEACE.  March  16,  1833.  691 

first  day  of  May  next.  Provided,  that  any  process 
which  shall  then  have  been  commenced,  may  be 
proceeded  in,  in  the  same  manner  as  if  this  act  had 
not  been  passed. 

[Approved  by  the  Governor,  March  16,  1833.] 


CHAP.  CXXV. 

An  Act  in  addition  to  *'  An  Act  respecting  Sureties 
of  the  Peace." 

Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same.  That  the  powers  and  Jhlj"^'  2e  ef- 
restrictions  contained  in  an  act  respecting  sureties  *^*'*- 
of  the  peace,  passed  on  the  second  day  of  March,  in 
the  year  of  our  Lord  one  thousand  eight  hundred 
and  thirty-three,  shall  take  effect,  and  be  in  force, 
from  and  after  the  thirty-first  day  of  said  March, 
any  thing  in  said  act  to  the  contrary  notwithstanding. 

[Approved  by  the  Governor,  March  16,  1833.] 


88 


692  HOUSE  OF  INDUSTRY.  March  16,  1833. 


CHAP.  CXXVI. 

An  Act  in  addition  to  the  several  Acts  "  concerning 
a  House  of  Industry  in  the  city  of  Boston." 

Sec.  1 .  I3E  i7  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
powered'^Ti  ^^'  by  thc  ttuthority  oj  the  same,  That  the  city  council 
point  directors,  ^f  |.[jg  ^.j^y  of  Bostou  are  hereby  empowered,  when- 
ever they  deem  it  expedient,  to  appoint,  by  concur- 
rent ballot  in  each  board,  a  sufficient  number  of 
persons,  not  exceeding  twelve,  a  majority  of  whom 
shall  constitute  a  quorum  for  the  transaction  of 
business,  to  be  directors  of  the  house  of  industry  in 
the  said  city,  who  shall  hold  their  office  for  the 
term  of  one  year,  and  until  others  are  appointed  in 
their  place  ;  and  said  city  council  are  further  em- 
powered, in  like  manner,  to  fill  all  vacancies  which 
may  occur  in  said  board  of  directors,  during  the  year 
for  which  it  is  appointed.  And  said  directors  may 
appoint  a  superintendent,  and  any  other  officers 
necessary  for  the  government  of  said  house,  and 
shall  have  all  the  powers,  and  be  subject  to  all  the 
duties  prescribed  to  said  board  by  virtue  of  the 
several  acts  to  which  this  is  in  addition. 
Provisions  of  any       g^c.  2.     Bc  it  further  cnactcd,  That  the  provis- 

previous   act  m-  c/  '  r 

consistent  with     jQ^g  of  auv  Drcvious  act  which  are  inconsistent  with 

this  repealed.  J    r 

this,  be,  and  the  same  hereby  are  repealed. 
[Approved  by  the  Governor,  March  16,  1833.] 


MARRIED  WOMEN.  March  16,  1833.  693 


CHAP.   CXXVII. 

An  Act  to  authorize  payments  to  Married  Women  in 
certain  cases. 

XjE  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same,  Ttiat  when  any  mar- s.  j.  court  may 

,  ,  ,  r  ^  J  t    '         r  authorize  any 

ried  man  has  heretoiore  absented,  or  may  nereaiter  person  holding 
absent  himself,  from  the  Commonwealth,  abandoning  an  absented  hus- 

,.  .  ^  .,  ^.  ..  ri  band,  to  pay  the 

his  wire,  without  sumcient  provision  tor  her  sup- same  to  his  wife. 
port,  the  supreme  judicial  court,  at  any  term  thereof, 
may,  upon  the  application  of  such  wife,  authorize 
any  person  or  persons  holding  money,  or  other  per- 
sonal estate,  to  which  her  husband  is  entitled  in 
her  right,  to  pay  or  deliver  the  same,  or  any  part 
thereof,  to  such  wife,  and  to  authorize  her  to  release 
or  discharge  the  same ;  and  such  release  or  dis- 
charge shall  be  as  valid  as  if  made  by  the  said  hus- 
band. 

[Approved  by  the  Governor,  March  16,  1833.] 


694  BOSTON  STREETS.  March  16,  1833. 


CHAP,  CXXVIII. 


An  Act  in  addition  to  the  several  Acts  respecting 
the  Streets  of  Boston. 

13  E  it  enacted  by  the  Senate  and  House 

of  Representatives  in  General  Court  assembled,  and 

eLpowlrtrnveJ-  by  tlic  authority  of  the  same,  That  the  city  council 

ors  of  highways       /.    i  •  r  t*  r  •  .  •  i 

to  regulate  the  of  the  citj  oi  BostOH,  mav,  iFom  time  to  time,  by  any 

width  of  streets.  ,.  ■,■.  i  */. 

ordinance  or  ordinances,  empower  the  surveyors  or 
highways  of  said  city  so  to  regulate  the  width  and 
height  of  the  sidewalks  of  any  public  squares,  places, 
streets,  lanes  or  alleys,  in  said  city,  as  shall,  in  the 
judgment  of  said  surveyors,  be  post  conducive  to 
the  convenience  and  interest  of  said  city,  any  law 
of  the  Commonwealth  to  the  contrary  notwithstand- 
ing ;  and  may  also  empower  said  surveyors  to  ac- 
cept such  sidewalks,  after  the  same  shall  be  put  in 
good  and  perfect  repair  by  the  abuttors  on  said 
squares,  places,  streets,  lanes  and  alleys,  and  after 
the  same  shall  have  been  relinquished  in  writing 
to  the  said  city  by  such  abuttors ;  and  may  also 
order,  that,  after  such  relinquishment,  such  side- 
walks may  be  maintained  at  the  expense  of  said 
city. 

[Approved  by  the  Governor,  March  16,  1833.] 


GUNPOWDER  IN  LOWELL.    March  16,  1833.  695 


CHAP.  CXXIX. 

An  Act  regulating  the    Storage,  Safe  Keeping  and 
Selling  of  Gunpowder  in  the  town  of  Lowell. 

Sec.  1.  Be  i7  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled^  and 
by  the  authority  of  the  same,  That  no  person,   ex- No  person  to 

...  1     .        •         1  11-  •  r      1        ''^^P  gunpowder 

cept  on  military  duty  m  the  public   service   of   the  exceeding  one 

.  .  pound,  &c. 

United  States,  or  of  this  Commonwealth,  shall  keep, 
have  or  possess  in  any  building,  or  in  any  place 
within  two  hundred  yards  of  any  dwelling  house, 
in  the  town  of  Lowell,  gunpowder  in  any  quantity 
exceeding  one  pound,  in  any  way  or  manner,  other 
than  by  this  act,  and  by  the  rules  and  regulations 
hereinafter  mentioned,  may  be  allowed. 

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


696  GUNPOWDER  IN  LOWELL.   March  16,  1833. 

son  or  persons  have  disobeyed  the  law,  or  infringed 
any  rules  and  regulations  established  by  said  board 
of  engineers.  And  every  person  who  shall  receive 
a  license  to  sell  gunpowder  as  aforesaid,  shall  pay 
for  the  same  the  sum  of  five  dollars ;  and  for  the 
renewal  thereof,  the  sum  of  one  dollar,  which  sums 
shall  be  paid  to  the  board  of  engineers,  for  their  use, 
for  the  purpose  of  defraying  the  expenses  of  carry- 
ing this  act  into  execution. 
Rules  and  regu-  Sec.  3.  Be  it  fuvther  enacted^  That  the  board 
a  ions.  ^^  engineers  of  the  town  of  Lowell  may,  from  time 

to  time,  establish  rules  and  regulations,  directing 
the  places,  quantity  and  manner,  in  which  gunpow- 
der may  be  kept  by  licensed  dealers,  and  other  per- 
sons in  said  town. 
Forfeiture,  &c.  ^^c.  4.  Be  it  further  enacted,  That  any  person  or 
persons,  who  shall  keep,  have  or  possess  any  gun- 
powder within  the  town  of  Lowell,  contrary  to  the 
provisions  of  this  act,  and  to  the  rules  and  regula- 
tions made  as  aforesaid,  or  who  shall  sell  any  gun- 
powder therein,  without  having  a  license  therefor, 
or  contrary  to  said  license,  or  the  rules  and  regula- 
tions made  as  aforesaid,  shall  forfeit  and  pay  a  fine 
of  not  less  than  fifty  dollars,  and  not  exceeding  two 
hundred  and  fifty  dollars,  for  each  and  every  offence  ; 
and  if  any  gunpowder,  kept  contrary  to  the  provi- 
sions of  this  act,  shall  explode  in  any  building,  or  in 
any  place  in  said  town,  the  occupant,  tenant,  or 
owner  of  which  has  not  then  a  license  to  keep  and 
sell  gunpowder  therein,  or  which  gunpowder  shall 
have  been  kept  in  any  manner  contrary  to  such 
license,  or  the  rules  and  regulations  established  as 
aforesaid,  such  occupant,  tenant,  or  owner  shall  for- 
feit and  pay  a  fine  of  not  less  than  two  hundred  and 
fifty  dollars,   and  not  exceeding  five  hundred  dol- 


GUNPOWDER  IN  LOWELL.  March  16,  1833.  697 

lars,  one  moiety  of  the  sums  to  the  use  of  the  poor 
of  the  town  of  Lowell,  and  the  other  moiety  to  the 
use  of  any  person  or  persons  who  shall  prosecute  for 
the  same,  which  forfeiture  may  be  recovered  by 
action  of  the  case,  in  any  court  proper  to  try  the 
same. 

Sec.    5.     Be   it  further   enacted,  That  the   said  Engineers  may 

enter  stores. 

engmeers,  or  any  of  them,  may  enter  the  store  or 
place  of  any  person  or  persons  licensed  to  sell  gun- 
powder, to  examine  and  ascertain,  if  the  laws,  rules 
and  regulations  relating  thereto  are  strictly  observed  ; 
and,  on  an  alarm  of  fire,  may  cause  the  gunpowder 
there  deposited,  to  be  removed  or  destroyed  as  the 
case  may  require  ;  and  it  shall  be  lawful  for  any  one 
or  more  of  the  engineers  of  said  town,  to  enter  any 
dwelling  house  or  other  place  in  the  town  of  Low- 
ell, to  search  for  gunpowder,  first  having  obtained 
from  some  justice  of  the  peace  for  the  county  of 
Middlesex  a  search  warrant  therefor,  which  war- 
rant the  justices  of  the  peace  for  said  county  are 
hereby  respectively  authorized  to  issue,  upon  the 
complaint  of  such  engineer  or  engineers,  supported 
by  his  or  their  oath. 

Sec.  6.     Be  it  further  enacted,  That   it  shall  be  Rules  and  regu. 

.  r       \  c  T  11  lations  to  be  pub- 

the  duty  of  the  engmeers  of  the  town  of  Lowell  to  Hshed. 
cause  all  such  rules  and  regulations  as  they  may 
make  and  establish,  by  virtue  of  the  authority  given 
by  this  act,  to  be  published  in  two  or  more  news- 
papers printed  in  the  town  of  Lowell,  and  to  cause 
such  publication  to  be  continued  three  weeks  suc- 
cessively, for  the  information  and  government  of  all 
persons  concerned. 

Sec.  7.  Be  it  further  enacted,  Th'dt.  the  provisions  Provisions  of  this 
of  this  act   shall   not  extend   to  any  establishment  extend. 
which  now  is,  or   may  hereafter  be  erected  for  the 


698  CONSTABLES  IN  SALEM.       March  16,  1833. 

manufacturing  of  gunpowder  within  said  town  of 
Lowell,  nor  in  any  case  to  prevent  the   transporta- 
tion of  gunpowder  through  said  town,   or  from  one 
^  part  to  another  part  thereof. 

[Approved  by  the  Governor,  March  16,  1833.] 


CHAP.  CXXX. 


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

13 E  it  enacted  by  the  Senate  and  House 

of  Representatives  in  General  Court  assembled,  and 

Selectmen  to  ap-  by  ths  authority  of  the  same,   That  the  selectmen 

poiut  constables.       ~,  r    c~k    ^  r  t  •  I'l  i 

oi  the  town  or  fealem  tor  the  time  bemg,  be,  and 
they  hereby  are  empowered  to  appoint,  from  time  to 
time,  for  a  period  not  exceeding  one  year,  such  num- 
ber of  constables  for  said  town  as  in  their  judgment 
may  be  needful,  said  constables,  in  regard  to  their 
qualifications,  duties  and  otherwise  to  be  subject  to 
all  the  general  provisions  of  law  appertaining  to 
their  office  :  provided  this  act  shall  be  adopted  by 
said  town  at  any  legal  meeting  of  the  inhabitants. 

[Approved  by  the  Governor,  March  16,  1833.] 


IXION  BLACK  LEAD  FACT.    March  19,  1833.  699 


CHAP.  CXXXI. 


An  Act  to  incorporate  the  Ixion  Black  Lead  Fac- 
tory. 

Sec.  1.  JlJE  ii  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same,  That  Frederick  Tudor,  Persons  incorpo- 
Amos  Atkinson,  William  Rollins,  William  Savage,  "^ 
and  James  W.  Fenno,  and  their  associates,  suc- 
cessors and  assigns,  be,  and  they  hereby  are  made 
a  corporation,  by  the  name  of  the  "  Ixion  Black 
Lead  Factory,"  for  the  purpose  of  procuring  black 
lead  from  a  mine  in  Sturbridge,  in  the  county  of 
Worcester,  and  of  manufacturing  the  same  into 
black  lead  melting  pots,  and  other  articles  whereof 
black  lead  is  an  ingredient,  and  for  this  purpose 
shall  have  all  the  powers  and  privileges,  and  be 
subject  to  all  the  duties  and  requisitions  specified 
and  set  forth  in  an  act  passed  on  the  twenty-third 
day  of  February,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  thirty,  entitled  "  an  act 
defining  the  general  powers  and  duties  of  manu- 
facturing corporations." 

Sec.  2.     Be  it  further  enacted,  That  the  capital  capUai  stock. 
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 

89 


700  LOWELL  SOUTH  CON.  SOC.  March  19,  1833. 

the  value  of  seventy-five  thousand  dollars,  exclusive 
of  the  buildings  and  improvements  that  may  be 
made  thereon  by  the  said  corporation. 

[Approved  by  the  Governor,  March  19,  1833.] 


CHAP.  CXXXIl. 

An  Act  to  authorize  the  South  Congregational 
Society  in  Lowell  to  Tax  the  Pevi's  in  their 
Meeting  house. 

Sec.   1.     UE  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
Smenrs'^^up'^on  %  ^^^  authority  of  the  same,  That  the  South  Con- 
pews.  gregational  Society  in    Lowell   may    assess   upon 

the  pews  in  the  meeting  house  now  occupied  by 
them,  according  to  the  valuation  of  said  pews, 
which  has  been  established  by  the  proprietors  of 
said  house,  such  sums  of  money  as  shall  hereafter 
be  voted  to  be  raised  by  said  society  for  the  sup- 
port of  public  worship,  and  expenses  incidental 
thereto  ;  and  all  assessments  upon  the  pews  as 
aforesaid  may  be  collected  by  the  treasurer  of  said 
society,  in  the  manner  provided  by  "  an  act  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  ihe 
year  of  our  Lord  one  thousand  eight  hundred  and 
eighteen. 


LOWELL  SOUTH  CON.  SOC  March  19, 1833.  701 

Sec.  2.  Be  it  further  enacted,  That  any  owner  votes. 
of  a  pew  or  pews  in  said  meeting  house  shall  be 
entitled,  at  all  meetings  of  said  society,  for  the  pur- 
pose of  raising  money  by  assessment  upon  pews 
as  aforesaid,  to  one  vote  for  each  pew  he  shall 
hold  in  the  meeting  house. 

Sec.  3.     Be  it  further  enacted,  That  whenever  Treasurer  autho- 
any  pewholder  shall  neglect  or  reiuse  to  pay  to  the  puwic  auction 

,  "  111*''®  P®^^'  *"^  pews 

treasurer  of  said   society,  any  assessments  legally  ofanypewhoider 

•'■'...  o        J    who  shall  neglect 

made  upon  his  pew  or  pews,  within  sixty  days  after  to  pay  any  as- 

'  ^  '  J  J  sessment. 

the  same  shall  be  made  payable,  the  treasurer  may 
sell  at  public  auction  the  pew  or  pews  of  such 
delinquent  pewholder,  after  publishing  notice  of 
the  time,  place,  and  cause  of  sale,  in  a  newspaper 
printed  in  said  Lowell,  two  successive  weeks  pre- 
vious to  such  sale,  and  upon  such  sale  may  execute 
and  deliver  a  deed  or  deeds  thereof  to  the  pur- 
chaser, or  the  said  treasurer  may,  in  his  own  name, 
sue  and  prosecute  to  final  judgment  and  execution 
any  such  delinquent  pewholder,  and  in  case  of  any 
such  sale  of  a  pew  or  pews  as  aforesaid,  the  trea- 
surer shall,  after  deducting  the  assessment  due 
thereon,  and  the  expenses  of  sale  and  collection, 
pay  over  the  balance,  if  any,  to  the  delinquent 
pewholder  on  demand. 

[Approved  by  the  Governor,  March  19,  1833.] 


702  INSTRUCTION  OF  YOUTH.     March  19,  1833. 


CHAP.  CXXXIII. 

An  Act  in  addition  to  "  An  Act  to  provide  for  the 
Instruction  of  Youth." 

JdE  it  enacted  by  the  Senate  and  House 

of  Representatives  in  General  Court  assembled,  and 

School  commit-    bv  thc  authoritii  of  the  same,  That  the  school  com- 

tees   required   to      '^^  .  .  „ 

perform  certain    mittce  appointed  in  pursuance  of  the  fifth  section 

duties  which  the  '  *  .       ' 

prudential  com-   of  "  an  act  to  providc  for  the  instruction  of  youth," 

mittee  was  autho-  '  _  •' 

rized  to  do  and  passed  March  tenth,  one  thousand  eight  hundred 
and  twenty-seven,  shall  perform  all  the  duties  in 
relation  to  the  school  which  by  said  act  is  provided 
to  be  kept  in  every  city,  town  or  district  containing 
five  hundred  families  or  householders,  for  the  ben- 
efit of  all  the  inhabitants  of  said  town,  and  in  rela- 
tion to  the  house  in  which  such  school  shall  be 
kept,  which  the  prudential  committee  is  authorized 
by  said  act  to  do  and  perform  in  each  school  dis- 
trict. 

[Approved  by  the  Governor,  March  19,  1833.] 


perform. 


CHAP.  CXXXIV. 

An  Act  to  abolish  the  Action  of  Debt  for  an  Escape. 

Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same,  That  no  sheriff,  dep- 


BOSTON  FARM  SCHOOL.       March  19,  1833.  703 

uty  sheriff,  coroner,  constable,  or  deputy  jailor, 
shall  be  liable  to  bo  sued  in  an  action  of  debt,  for 
any  escape,  voluntary  or  negligent,  permitted  or 
suffered,  after  the  passing  of  this  act. 

[Approved  by  the  Governor,  March  19,  1833.] 


CHAP.  CXXXV. 

An  Act  to  incorporate  the  Proprietors  of  the  Bos- 
ton Farm  School. 

Sec.  1.  JoE  «7  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same,  That  Samuel  T.  Arm-  Pe^^ons  incorpo. 
strong,  James  Bowdoin,  Moses  Grant,  Charles 
Jackson,  Jonathan  Phillips,  John  Tappan,  George 
Ticknor,  Joseph  Tuckerman,  and  John  D.  Williams, 
with  their  associates,  successors  and  assigns,  be,  and 
they  hereby  are  made  a  corporation,  by  the  name 
of  the  Proprietors  of  the  Boston  Farm  School,  with 
the  powers,  and  subject  to  the  requirements  con- 
tained in  an  "act  concerning  corporations,"  passed 
March  8,  A.  D.  1833,  for  the  education  and  reforma- 
tion of  boys,  who,  from  the  loss  of  their  parents  or 
other  causes,  are  exposed  to  extraordinary  tempta- 
tions, and  are  in  danger  of  becoming  vicious  and 
dangerous  or  useless  members  of  society. 

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


704  BOSTON  FARM  SCHOOL.       March  19,  1833. 

Members.  g^c,  Q^     Be  it  furt/ier  euacted,  That  every  per- 

son who  shall  pay  to  the  funds  of  the  corporation 
the  sum  of  fifty  dollars  in  annual  contributions  with- 
in five  years,  may  be  admitted  to  be  a  member  of 
the  corporation ;  and  every  member  shall  be  enti- 
tled to  one  vote  for  every  fifty  dollars  so  paid,  or 
agreed  to  be  paid  :  provided,  that  no  member  shall 
be  entitled  to  more  than  ten  votes. 

May  purchase  a  Sec.  4.  Bc  it  further  encicted,  That  said  corpo- 
ration shall  be  authorized  to  purchase  a  farm,  at 
any  place  within  ten  miles  of  the  city  of  Boston,  on 
which  their  school  shall  be  established. 

Boys,  how  ad-  Sec.  5.  Be  it  further  enacted,  That  any  boy  above 
the  age  of  seven  years,  who  shall  be  deemed  by  the 
directors  or  other  officers,  appointed  under  the  au- 
thority of  this  act,  to  be  a  fit  subject  for  the  said 
school,  may  be  admitted  thereto,  by  them,  on  the  ap- 
plication of  his  father,  or  in  case  of  his  death  or  ab- 
sence, of  the  mother  or  guardian  of  the  boy  ;  and  the 
said  officers  are  authorized  to  accept  from  such  fath- 
er, mother,  or  guardian,  a  surrender  in  writing  of  any 
such  boy  to  the  care  and  direction  of  the  said  cor- 
poration ;  and  they  may  also  take  any  other  indi- 
gent boys  residing  in  the  city  of  Boston,  who  shall 
appear  to  them  to  be  suitable  objects  of  this  charity, 
and  who  have  no  parents  or  guardians  within  this 

Boys  admitted,    Commou wcalth.     All   boys  so  taken  and  admitted 

to  be  mamtamed,  •' 

*^c  into  the  school,  shall  be  maintained,  employed  and 

educated  therein,  and  shall  be  instructed  in  their 
moral  and  religious  duties,  and  in  the  knowledge 
usually  communicated  in  the  common  town  schools. 
They  shall  also  be  employed  in  a  regular  course  of 
labor,  suited  to  their  age  and  their  strength,  in 
which  they  shall  be  instructed  in  agriculture,  gar- 
dening, or  such  useful   occupations  as  will  con- 


BOSTON  FARM  SCHOOL.       March  19,  1833.  705 

tribute  to  their  present  maintenance,  and  tend  to 
form  in  them  habits  of  industry  and  order,  and  to 
prepare  them  to  earn  their  own  livehhood. 

Sec.  6.     Beit  further  enacted,  That  the  pupils  Pupi's  when  of  a 

•^  .  ■  suitable    age,  to 

of  the  said   school,   when  of  a  suitable   age,   and  ^e  bound  out  as 

'-^  apprentices. 

sufficiently  qualified,  may  be  bound  out  as  appren- 
tices, until  they  shall  respectively  arrive  at  the  age 
of  twenty-one  years,  to  farmers,  or  to  other  persons 
within  this  Commonwealth,  to  learn  such  arts, 
trades  and  employments,  as,  in  the  judgment  of 
the  said  officers,  may  be  best  adapted  to  the  capaci- 
ty and  disposition  of  each  pupil,  and  may  tend 
most  to  his  future  benefit  and  advantage  ;  and  the 
said  officers  shall  have  authority  to  bind  out  all  the 
said  pupils,  in  like  manner,  and  with  the  same 
effect,  as  is  now  by  law  authorized  to  be  done  by 
overseers  of  the  poor,  with  regard  to  the  children 
of  poor  persons  settled  in  their  respective  towns  : 
provided  however,  that  any  boy  received  mto  the  proviso. 
school,  or  bound  out  as  aforesaid,  who  shall  not 
have  been  surrendered,  in  the  manner  above  pro- 
vided, to  the  care  and  direction  of  the  corporation, 
may  be  withdrawn  by  his  parent,  upon  payment  to 
the  treasurer  of  the  corporation,  of  the  expense 
incurred  in  the  maintenance  and  care  of  the  child  : 
and  provided  further,  that  nothing  in  this  act  con- 
tained shall  prevent  the  said  officers  from  dismis- 
sing any  pupil,  whenever  they  shall  think  that  the 
welfare  of  the  pupil,  or  of  the  school,  will  be  pro- 
moted thereby. 

[Approved  by  the  Governor,  March  19,   1833.] 


706  OCEAN  BANK.  March  20,  }S3S. 

CHAP.  CXXXVI. 

An  Act  to  establish  the  Ocean  Bank. 

Sec.   1 .     J3E  27  enacted  by  the  Senate  and  House 

of  Representatives,  in  General  Court  assembled,  and 

Persons  incorpo-  bv   the  authoritv  of  tlic  samc,  That  William  Davis, 

rated  ^  ^    '^  .  ' 

Richard  Stone,  Henry  Titcomb,  Jr.,  Stephen 
Thurston,  Joseph  J.  Knapp,  their  associates,  suc- 
cessors and  assigns,  are  hereby  created  a  corpora- 
tion, by  the  name  of  the  President,  Directors  and 
Company  of  the  Ocean  Bank,  to  be  established  in 
Newburyport,  and  shall  so  continue  until  the  first 
day  of  October,  A.  D.  one  thousand  eight  hun- 
dred and  fifty-one  ;  and  shall  be  entitled  to  all 
the  powers  and  privileges,  and  subject  to  all 
the  duties,  liabilities  and  requirements  contain- 
ed in  the  ninety-sixth  chapter  of  the  statutes  of 
one  thousand  eight  hundred  and  twenty-eight,  the 
fifty-eighth  chapter  of  the  statutes  of  one  thousand 
eight  hundred  and  thirty,  and  in  the  second  sec- 
tion of  "  an  act  concerning  corporations,"  passed 
March  eighth,  one  thousand  eight  hundred  and 
thirty-three. 
Transfer  of  Sec.  2.     Bc  it  fwther  euactcd,  That  the   stock 

stock.  -^  ' 

in  said  bank  shall  be  transferable  only  at  its  bank- 
ing house,  or  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. 
Shares.  Sec.  3.     Be  it  further  enacted,  That  the  capital 

stock  of  said  corporation  shall  consist  of  two  hun- 


NEMASKET  RIV.  FISHERY.   March  20,  1833.  707 

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  in,  within 
one  year  from  the  passing  of  this  act. 

[Approved  by  the  Governor,  March  20,  1833.] 


CHAP.  CXXXVH. 


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

Sec.  1.  _oE  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same.  That  Peter  H.  Pierce,  Dam  to  be  kept 
and  Horatio  G.  Wood,  their  heirs  and  assigns,  be,  edacrosTNemls- 
and  they  hereby  are  authorized  to  keep  up  and  ''*'^"""'" 
maintain  their  dam  across  the  Nemasket  River,  in 
the  town  of  Middleborough,  near  the  old  stone  weir, 
so  called,  upon  the  condition  that  the  aforesaid 
Peter  H.  Pierce,  and  Horatio  G.  Wood,  their  heirs 
and  assigns  make,  or  cause  to  be  made,  a  good  and 
sufficient  passage  way  for  the  fish  called  alewives, 
passing  up  said  river,  and  keep  the  said  passage  way 
open  during  the  time  required  by  laws  regulating 
the  fisheries  on  said  Nemasket  River,  and  upon  the 
further  condition  that  the  said  Peter  H.  Pierce,  and 
Horatio  G.  Wood,  and  their  heirs  and  assigns,  at 
their  own  expense,  and  free  from  any  expense  to 
said  town,  and  to  their  acceptance,  provide  a  suita- 
ble place  at  or  near  their  said  dam,  where  said  fish 
90 


708  BAPT.  SOC.  IN  STOUGHT.   March  20,  1833. 

may  be  conveniently  taken,  and  the  said  fish  way  and 

the  privilege  of  passing  to  and  from  the  same  to  the 

highway  shall  be  secured  to  the   inhabitants  of  the 

town  of  Middleborough. 

Inhabitants  may      Sec.  2.  Be  it  furtlicr  enactcd,  That    from    and 

and  after' loca-    after  the  locatiott  of  such  new  fishing  place  as  afore- 

ing  place.  said,  it  shall  be  lawful  for  the   inhabitants  of  said 

town  to   take   said  fish,  at   such  new   fishing  place, 

and  to  dispose  of  the  same  in  the  manner  provided 

by  law   for  taking  and   selling  the  same  at  the  old 

stone  weir  as  aforesaid. 

[Approved  by  the  Governor,  March  20,  1833.] 


CHAP.  CXXXVIII. 

An  Act  to  authorize  the  sale  of  Real  Estate  by  the 
First  Baptist  Church  and  Society  in  Stoughton. 

Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
Trustees  may  ^3/  ^^«  authority  of  thc  saMC,  That  the  First  Baptist 
house,Tr^'  Church  and  Society  in  Stoughton  be,  and  they  here- 
by are  authorized  to  emjjower  the  trustees  of  said 
church  and  society,  for  the  time  being,  to  sell  their 
parsonage  house  and  lands,  together  with  the  pews 
in  the  meeting  house,  belonging  to  said  church  and 
society,  and  execute  a  deed  or  deeds  thereof,  and  to 
apply  the  proceeds  of  the  sale  or  sales  to  the  pur- 
poses intended  by  the  grants  and  donations  made 
for  the  use  and  benefit  of  said  church  and  society. 

[Approved  by  the  Governor,  March  20,  1833.] 


FIRST  BAPT.  SOC.  IN  LYNN.  March  20,  1833.  709 


CHAP.  CXXXIX. 

An  Act  to  incorporate  the  First  Baptist   Society  in 

Lynn. 

Sec.  1.  13E  ^7  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same,  Tliat  Jonathan  Bach- persons  incorpo- 
eller,  Hezekiah  Chase,  Isaac  Story,  Samuel  J.  Huse, 
and  Caleb  Wiley,  their  associates  and  successors, 
are  hereby  made  a  corporation  by  the  name  of  the 
First  Baptist  Society  in  Lynn,  with  all  the  powers, 
privileges  and  immunities  to  which  religious  socie- 
ties are  usually  entitled,  and  with  the  powers,  and 
subject  to  the  requirements  contained  in  an  "  act 
concerning  corporations."  passed  on  the  eighth  day 
of  March,  in  the  year  one  thousand  eight  hundred 
and  thirty  three,  and  with  power  to  hold  and  manage 
any  estate,  the  annual  income  of  which,  exclusive  of 
their  meeting  house,  shall  not  exceed  three  thou- 
sand dollars. 

Sec.  2.  Be  it  further  enacted,  That  the  said  Assessment  upon 
society  may,  at  a  legal  meeting  called  for  that  pur-  ^^^^' 
pose,  assess  upon  the  pews  in  the  meeting  house  of 
said  society  any  sums  which  may  be  necessary  for 
the  support  of  public  worship,  and  other  necessary 
expenses,  and  such  assessments  shall  be  made  and 
collected  in  the  manner  provided  in  the  statute  of 
the  year  one  thousand  eight  hundred  and  seventeen, 
chapter  one  hundred  and  eighty  nine,  and  in  all 
meetings  of  said  society,  each  member  shall  be  enti- 
tled to  one  vote  for  each  pew  he  may  own,  provided 


710  FRANKLIN  ACADEMY.  March  20,  1833. 

that  no   person   shall   be  entitled   to   more  than  ten 
votes,  and  absent  members  may  vote  by  proxy. 

Sec.  3.  Be  it  further  enacted,  That  all  deeds 
of  conveyance  of  pews  or  other  property  of  said  soci- 
ety shall  be  executed  and  recorded  in  such  manner 
as  its  by-laws  shall  direct. 

[Approved  by  the  Governor,  March  20,  1 833.] 


CHAP.   CXL. 

An  Act  to  incorporate  the  Franklin  Academy. 

Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
Persons  incorpc  ^^  ^^^  authority  of  thc  Same,  That  Benjamin  F.  Re- 
mington, Dimeck  Ellis,  and  William  Long,  Jr.,  their 
associates  and  successors,  are  hereby  incorporated  as 
the  proprietors  of  Franklin  Academy,  to  be  established 
in  Shelburne,  in  the  county  of  Franklin,  with  the 
powers  and  requirements  contained  in  "  an  act  con- 
cerning corporations,"  passed  March  eighth,  one 
thousand  eight  hundred  and  thirty  three,  and  with 
power  to  hold  real  and  personal  estate,  not  exceed- 
ing in  value  the  sum  of  twenty-five  thousand  dol- 
lars, to  be  devoted  exclusively  to  the  purposes  of 
education. 

[Approved  by  the  Governor,  March  20,  1833.] 


ELECTIONS.  March  20,  IS33.  711 


CHAP.  CXLI. 


An  Act  concerning  Elections. 

Sec.  1.    13E  ?7  enacted  by  the  Senate  and  House 
of  Representatives  in  General   Court  assembled,  and 
by  the  authority  of  the  same,  That  it  shall  hereafter  selectmen  &c. 
be  the  duty  of  the  selectmen,  and  of  the  clerks  of  andTeaiupa^is^t 
the   several  towns   and  districts   in  this  Common-  voted  fo/as"gov- 

II  ^       c    ^  111  r      \  •         ernor,   &c.,   and 

wealth,  and  oi  the  mayor  ana  aldermen  or  the  city  transmit  the  same 

r  rt  1  11  1-  r*  'o   ^''^  secretary 

ot  lioston,  to  make  and  seal  up  a  separate  list  ot  of  the  common- 
the  persons  voted  for  as  governor,  lieutenant  gov- 
ernor, counsellors  and  senators,  and  representatives 
in  the  congress  of  the  United  States,  and  transmit 
the  same  to  the  secretary  of  the  Commonwealth, 
or  to  the  sheriffs  of  their  respective  counties.  And 
when  the  said  lists  shall  be  received  at  the  office 
of  said  secretary,  the  seals  thereof  shall  not  be 
broken,  but  the  same  shall  be  kept  as  they  are 
received,  until  delivered  by  him  to  the  two  branches 
of  the  general  court,  or  to  the  executive  authority, 
according  to  the  constitution  and  laws  of  said 
Commonwealth. 

Sec.  2.     Be  it  further  etiacted,  That  the  select-  selectmen  re- 

^  quired  to  take  an 

men  of  the  several  towns  and  districts  shall,  here-  •'**''• 
after,  before  they  enter  upon  the  execution  of  their 
official  duties,  take  an  oath  or  affirmation  before  a 
justice  of  the  peace,  or  the  clerk  of  the  town  or 
district  of  which  they  are  selectmen,  faithfully  and 
impartially  to  discharge  those  duties  respecting 
all  elections,  and  the  returns  thereof,  and  that  a 
certificate  of  such  oath  or  affirmation  shall  be  re- 
corded in  the  town  or  district  records. 


712  BOST.  &  WAL.  W.  MAN.  CO.   March  21,  1833. 

fepM^  ^^^  Sec.  3.  Be  it  further  enacted,  That  the  statute 
of  one  thousand  eight  hui)dred  and  six,  chapter 
twenty-six,  be,  and  the  same  is  hereby  repealed. 

[Approved  by  the  Governor,  March  19,  1833.] 


CHAP.  CXLII. 

An   Act  to  incorporate  the   Boston  and    Walpole 
Woollen  Manufacturing  Company. 

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

"P^^^^^  i^corpo.  fjy  ^f^g  authority  of  the  same.  That  James  Richard- 
son, Truman  Clark,  and  Hall  J.  How,  with  such 
others  as  may  hereafter  associate  with  them,  their 
successors  and  assigns,  are  hereby  made  a  corpo- 
ration by  the  name  of  the  Boston  and  Walpole 
Woollen  Manufacturing  Company,  for  the  purpose 
of  manufacturing  woollen  and  cotton,  and  woollen 
goods,  in  the  town  of  Walpole,  in  the  county  of 
Norfolk ;  and  for  this  purpose  shall  have  all  the 
powers  and  privileges,  and  shall  be  subject  to  all 
the  duties  and  requirements  contained  in  an  act 
passed  the  twenty-third  day  of  February,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and 
thirty,  entitled,  "  an  act  defining  the  general  pow- 
ers and  duties  of  manufacturing  corporations." 

Real  and  perton-  Sec.  2.  Bc  it  further  cuactcd,  That  said  com- 
pany may  hold  and  possess  such  real  and  personal 
estate  as  may  be  necessary  and  convenient  for  car- 
rying on  the  said  manufacture  :  provided,  the  value 


PROVINCETOWN  B.  GRASS.  March  21,  1833.  713 

of  such  real  estate  shall  not  exceed  thirty  thousand 
dollars,  and  the  value  of  such  personal  estate  shall 
not  exceed  fifty  thousand  dollars. 

[Approved  by  the  Governor,  March  21,  1833.] 


CHAP.  CXLIII. 

An  Act  to  prevent  the  Destruction  of  Beach  Grass, 
in  the  towns  of  Provincetovvn  and  Truro. 

Sec.  1.  ijE  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same.,  That  from  and  after  Neat  cauie,  &c. 

.  „       ,  .  not  permitted  to 

the  passing  of  this  act,  no  neat  cattle,  horses  or  go  at  large. 
sheep  shall  be  permitted  to  go  at  large  in  the  town 
of  Provincetown,  nor  on  that  tract  of  land  situate 
in  the  town  of  Truro,  between  the  line  which  di- 
vides the  towns  of  Provincetown  and  Truro,  and  a 
line  drawn  parallel  with  the  aforesaid  line  from 
the  foot  of  eastern  harbor  meadow  in  Truro,  to 
the  northern  side  of  Cape  Cod,  in  Barnstable 
county.  And  if  any  person  shall  voluntarily  suffer 
any  of  the  creatures  aforesaid  to  go  at  large  on  the 
aforementioned  lands,  he  shall  forfeit  and  pay  to 
the  use  of  the  person  prosecuting  therefor,  for 
every  one  of  said  creatures,  excepting  sheep,  not 
less  than  five,  nor  more  than  ten  dollars,  and  for 
every  sheep  one  dollar. 

Sec.  2.     Be  it  further  enacted,  That  if  any  per-  penalty  for  puii- 
son   shall  wilfully   pull   up   or  destroy   any    beach  inlTeaVgS! 
grass  planted,  or  which  hereafter  may  be  planted 
within  the  limits  aforesaid,  to  prevent  the  destruc- 


714  PROVINCETOWN  B.  GRASS.   March2\,  1833. 

tion  of  Provincetown  harbor,  he  shall   forfeit  and 
pay  the  sum  of  ten  dollars  for  the  first,  and  twenty 
five  dollars  for  every  subsequent  offence,  to  the  use 
of  the  person  prosecuting  therefor. 
Town  may  ap-      ggQ^  3,     j^g  {(  further  euacted,  That  the   town 

point  a   commit-  ' 

lee-  of  Provincetown  may,  at  their  annual  meeting,  or 

at  any  other  legal  town  meeting,  appoint  a  com- 
mittee of  one  or  more  persons,  whose  duty  it  shall 
be  to  cause  the  provisions  of  this  act  to  be  carried 
into  full  effect,  and  who  shall  be  sworn  to  the 
faithful  discharge  of  that  duty,  and  who  are  hereby 
authorized  to  sue  for  and  recover  in  the  name  of 
the  treasurer  of  said  town,  the  penalties  herein 
before  mentioned. 

Penalties  how         §£0.  4.     Bc  it  further  euacted,  That  the   penal- 

recovered.  ./  '  r 

ties  aforesaid  may   be  sued   for  and   recovered  by 

action  of  debt,  in  any  court  proper  to  try  the  same. 

Committee,  or         g^j.^   P,      jg^  {f  further  euttcted,  That  it  shall  be 

any  other  person  •/  ' 

may  take  up  and  j^wful   for  thc  aforesald   committee,  or  any  other 

impound  cattle.  '  •' 

person,  to  take  up  and  impound  in  the  town  pound 
in  Provincetown,  any  neat  cattle,  horses  or  sheep, 
at  any  time  lound  going  at  large  within  the  limits 
aforesaid,  he  or  they  relieving  such  creatures  with 
suitable  meat  and  water  during  the  lime  of  their 
confinement ;  and  when  any  of  the  creatures  afore- 
said shall  be  so  impounded,  it  shall  be  the  duty  of 
the  person  or  persons  impounding  them,  within 
twenty-four  hours  to  inform  the  owner  thereof, 
if  known,  by  leaving  a  written  notification  at  his 
usual  place  of  abode;  or  if  unknown,  by  posting  up 
a  written  notification  in  three  public  places  in  the 
towns  of  Provincetown  and  Truro,  which  notifica- 
tion shall  describe  said  creatures,  and  shall  specify 
the  time,  place,  and  cause  of  impounding  them,  and 
if  said  owner  shall  not,  within   three  days  from  the 


PROVINCETOWN  B.  GRASS.  March  21,  1833.  715 

time  of  leaving  or  posting  up  such  notifications,  pay 
or  offer  to  pay  to  the  pound  keeper,  the  penalty  or 
penalties  incurred  as  aforesaid,  and  also  the  reason- 
able expenses  of  the  relief  and  sustenance  of  such 
creatures,  together  with  the  pound  keeper's  legal 
fees,  such  pound  keeper  may  proceed  to  sell  such 
creatures  at  public  auction,  first  giving  notice  of  the 
time  and  place  of  sale,  by  posting  up  a  written  noti- 
fication thereof  in  three  public  places  in  said  town 
of  Provincetown,  at  least  forty  eight  hours  before 
said  sale,  and,  after  deducting  from  the  proceeds  of 
any  such  sale  the  said  penalties,  expenses  and  fees, 
together  with  the  costs  of  such  sale,  the  surplus,  if 
any,  shall  be  paid  to  such  owner,  if  he  shall  demand 
the  same  within  one  year  after  such  sale,  otherwise 
it  shall  be  paid  into  the  treasury  of  the  town  of 
Provincetown,  for  the  use  of  said  town. 

Sec.  6.  Be  it  further  enacted,  That  when  any  compensation  m 
person  has  a  legal  title  in  or  to  any  part  of  the  land  ''^'"^®*' 
aforesaid,  he  shall  have  a  right  to  compensation  in 
damages,  to  be  paid  by  said  town  of  Provincetown, 
for  any  injury  he  may  sustain  under  the  provisions 
of  this  act,  which  damages  shall  be  estimated  by  a 
jury  to  be  awarded  by  the  court  of  common  pleas 
within  and  for  the  county  of  Barnstable,  and  recov- 
ered with  costs,  in  the  same  manner  in  which  dam- 
ages are  estimated  and  recovered  by  persons  injured 
by  the  laying  out  of  highways.  Provided,  applica- 
tion therefor  be  made  by  petition  to  said  court,  with- 
in twelve  months  from  and  after  the  passing  of  this 
act,  saving  to  said  town  of  Provincetown  the  right 
to  contest  the  title  of  any  such  applicant  in  and  to 
the  land  claimed  by  him,  by  pleading  to  issue  to  any 
such  petition  ;  and  said  issue,  whether  in  law  or 
fact,  shall  be  tried  in  said  fltourt,  and  either  party 
91 


716  N  AH  ANT  BANK.  March  22,  1833. 

shall  have  a  right  to  appeal,  subject  to  the  limita- 
tions bj'  law  in  other  cases  provided,  from  the  judg- 
ment of  said  court  thereon,  to  the  supreme  judicial 
court  in  and  for  said  county,  and  in  case  such  issue 
be  finally  determined  in  favor  of  such  applicant,  said 
court  of  common  pleas  shall  proceed  to  award  a 
jury  to  estimate  damages  as  aforesaid  ;  but  if  the 
issue  be  finally  determined  against  such  applicant, 
said  town  of  Provincetown  shall  recover  against 
them  their  costs. 

[Approved  by  the  Governor,  March  21,  1833.] 


CHAP.  CXLIV. 


An  Act  to  establish  the  Nahant  Bank. 

Sec.  ! .  13  E  it  enacted  hy  the  Senate  arid  House 
of  Representatives  in  General  Court  asse^nhled,  and 
fa^ted*"^  ""=°'"P°"  hy  the  anthority  of  the  same.  That  Hezekiah  Chase, 
Henry  A.  Breed,  William  Chase,  their  associates, 
successors  and  assigns,  are  hereby  created  a  corpo- 
ration by  the  name  of  tlie  President,  Directors  and 
Company  of  the  Nahant  Bank,  to  be  established  in 
the  town  of  Lynn,  and  shall  so  continue  until  the 
first  day  of  October,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  fifty  one,  and  shall  be 
entitled  to  all  the  privileges,  and  subject  to  all  the 
duties,  liabilities  and  requirements  contained  in  the 
ninety  sixth  chapter  of  the  statutes  of  one  thousand 
eight  hundred  and  twenty-eight,  the  fifty-eighth 
chapter  of  the  statutes  of  one  thousand  eight  hun- 
dred and  thirty,  and  in  the  second  section  of"  an  act 


TRUSTEES  OF  INS.  COS.      mrch  22,   1833.  717 

concerning  corporations,"  passed  March  eighth,  one 
thousand  eight  hundred  and  thirty  three. 

Sec.  2.  Be  it  further  enacted,  That  the  stock  in  ^tock. 
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  Jurther  enacted,  That  the  capital  shares. 
stock  of  said  corporation  shall  consist  of  one  hun- 
dred 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  stock- 
holders may  direct  :  provided,  that  the  whole  be 
paid  in  within  one  year  from  the  passing  of  this  act. 

[Approved  by  the  Governor,  March  22,  1833.] 


CHAP.  CXLV. 

An  Act  to  provide  for  the  appointment  of  Trustees 
of  certain  Insurance  Companies. 

J3E  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court ,  assembled,  and 
by  the  authority  of  the  same,  That  in  all  cases  where  sup.  Judicial 

I  .     /'  •  ^     J     I        Court    mav    ap- 

an  insurance  company,  heretofore  incorporated  by  poim  trusses  tc 
the  Legislature,  has  expired  by  the  limitation  of  its  in°gdaims.^  ^"  ' 
charter,  any  stockholder  thereof,  or  the  legal  repre- 
sentative of  any  stockholder,  may  apply  to  the  su- 
preme judicia'  court,  at  any  term  thereof,  for  the 
appointment  of  two  or  more  persons  to  be  trustees 
of  such  company,  to  collect  the  outstanding   claims 


718  WAREHAM  BANK.  March  22,  1833. 

thereof,  with  full  power  to  appear,  prosecute  and 
defend,  to  appoint  an  agent  or  agents  under  them  ; 
and  to  do  all  other  acts  needful  and  convenient  for 
the  full  and  final  settlement  of  the  unfinished  busi- 
ness of  such  company,  to  the  same  extent  that  said 
corporation  might  if  now  in  being.  And  the  said 
trustees  shall  distribute  and  apportion  among  the 
stockholders  of  such  company,  or  their  legal  repre- 
sentatives, all  sums  of  money  due  and  belonging  to 
them,  which  said  trustees  shall  receive  by  virtue  of 
the  provision  of  this  act.  And  the  supreme  judi- 
cial court  shall  have  jurisdiction  in  chancery  of 
such  application,  and  of  all  questions  arising  under 
said  trust,  and  may  make  such  orders,  injunctions 
and  decrees  appertaining  thereto,  as  justice  and 
equity  shall  require. 

[Approved  by  the  Governor,  March  22,  1833.] 


CHAP.  CXLVI. 

An  Act  to  establish  the  Wareham  Bank. 

Sec.  1.  XjE  27  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same,  That  David  Nye,  Ben- 
Persons  incorpo-  jamiu  ElHs,  Joshua  B.  Tobey,  Ezra  Thompson, 
Warren  Murdork,  their  associates,  successors  and 
assigns,  are  hereby  created  a  corporation  by  the 
name  of  the  President,  Directors  and  Company  of 
the  Wareham  Bank,  to  be  established  in  the  town 
of  Wareham ;  and  shall  so  continue   until   the   first 


WAREHAM  BANK.  March  22,  1833.  719 

day  of  October,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  fifty-one,  and  shall  be  enti- 
tled to  all  the  privileges,  and  subject  to  all  the  du- 
ties, liabilities  and  requirements  contained  in  the 
ninety-sixth  chapter  of  the  statutes  of  one  thousand 
eight  hundred  and  twenty-eight,  the  fifty-eighth 
chapter  of  the  statutes  of  one  thousand  eight  hun- 
dred and  thirty,  and  in  the  second  section  of  "  an 
act  concerning  corporations,"  passed  March  eighth, 
one  thousand  eight  hundred  and  thirty-three. 

Sec.  2.  Be  it  further  enacted,  That  the  stock  in  Transfer  of 
said  Bank  shall  be  transferable  only  at  its  banking 
house,  and  in  its  books,  and  no  part  thereof  shall 
be  transferred  by  way  of  security  for  the  perform- 
ance 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  shares. 
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  in  within  one 
year  from  the  passing  of  this  act. 

[Approved  by  the  Governor,  March  22,  1833.] 


720  TURNPIKE  ROADS.  March  22,  1833. 


CHAP.  CXLVII. 

An  Act  to  authorize   the   laying   out   of  Turnpike 
Roads  as  Common  Highways. 

Sec.    I.     ijE  it  enacted  by  the  Senate  and  House 

of  Representatives,  in  General  Court  assembled,  and 

County  commis-  bii  thc  authority  of  the  same,   That  the  county  com- 

sioiiers  empower-        .       .  i     i  i  "^ 

ed  to  lay  out       missiouers  or  any  county,  be,  and   hereby  are  em- 

turnpike  roads  as  , .  .  ,  . 

common  high-  powercd,  ou  application  to  them  made,  to  hiy  out 
and  establish  the  whole  or  any  part  of  any  turnpike 
road  lying  within  such  county,  as  a  common  high- 
way, whenever  in  their  Judo;ment  the  common  con- 
venience and  necessity  shall  require  the  same,  and 
may  vary  or  alter  the  same  in  such  parts  as  they 
shall  judge  expedient:  provided,  that  the  assent  of 
the  turnpike  corporation  owning  the  same,  and  of 
the  several  towns  within  whose  limits  the  same 
may  be  situated,  shall,  at  legal  meetings  thereof, 
called  for  the  purpose,  be  given  thereto  on  the 
terms  which  are  hereinafter  provided. 

Damages.  Sec.  2.     Bc  it  further  enacted.    That  the    said 

county  commissioners  shall  have  power  to  allow  to 
said  corporation  such  damages  as  they  shall  think 
reasonable  and  just,  to  be  paid  out  of  the  treasury 
of  the  county,  and  to  order  a  })art  of  said  damages, 
not  exceeding  one  half  thereof,  to  be  paid  into  the 
county  treasury,  by  the  town  or  towns,  district  or 
districts,  through  which  the  said  road  may  pass,  at 
such  times  as  they  may  direct,  having  regard,  in  the 
proportion  thereof  to  be  paid  by  said  towns  or  dis- 
tricts, to  the  length  of  way  in  any  town  or  district, 
and  the  advantages  to  be  derived  to  such   town  or 


LOTTERIES.  March  23,  \SS3.  721 

district  therefrom.  And  in  default  of  payment 
thereof,  by  any  such  town  or  district,  the  same  pro- 
ceedings may  be  had  to  enforce  the  same,  as  are 
now  provided  by  law  for  the  expenses  of  making 
highways  by  the  county  commissioners,  where  towns 
or  districts  neglect  to  make  the  same. 

Sec.  3.     Be   it  further  enacted,  That  whenever  when  turnpike 

^  road  shall  be  es- 

a  turnpike  road,  or  any  part  thereof,  shall  be  so  es-  tawishedasa 

I  '  -     I  ^  common  high- 

tablished   as   a  common    highway,    all    the   rights,  ^^ay- 
privileges,   duties   and    obligations   of  the  turnpike 
corporation,  so  far  as  they  relate  to  that  part  of  the 
road,  so  laid  out  or  altered,  shall   be  of  no  force  or 
effect. 

Sec.  4.     Be   it  further    enacted,   That  all   pro-  proceeding. 
ceedings  in  the  laying  out  of  any  road  in  pursuance 
hereof  shall  be   in  conformity   with   the  provisions 
of  law  lor  laying  out  common  highways. 

[Approved  by  the  Governor,  March  22,  1833.] 


CHAP.  CXLVIIT. 

An  Act  for  the  Suppression  of  Lotteries. 

Sec.  1.  13 E  it  enacted  by  the  Senate  atid  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same.  That,  from  and  after  the  Penalty  for  mak- 

r      I   •  -r  1      11  I  11     "^»'  selling,  &c. 

passuig  oi  this  act,  ir  any  person  shall  make,  sell,  lottery  tickets. 
or  offer  for  sale; — or  shall  have   in   his  possession 
with  intent  to  sell,  offer  for  sale,  or  negociate; — or 
be  in  any  wise  aiding  or  abetting  in  the  sale  of  any 
lottery  ticket,  or   part  of  any  lottery  ticket,  or  of 


722  LOTTERIES.  Marc/i  23,  1 833. 

Penalty  for  aid-  aov  Certificate,  bill,  token,  or  security,  purporting 

ing-,  abetling;,   or  -^  '  '  J  '    f       r  O 

having  any  inte-  (o  cHtitlc  the  owucr,  bciirer,  holder,  or  any  other 

rest  in  lotteries. 

person,  to  any  share  or  interest  in  any  prize  to  be 
drawn  in  any  lottery  not  authorized  by  the  laws 
of  this  Commonwealth; — or  shall  draw,  or  aid  or 
assist  in  drawing  any  such  lottery;- — or  shall  aid 
or  be  concerned  in  the  managing  or  conducting  of 
any  such  lottery ; — or  shall  knowingly  suffer  or 
permit  the  selling  of  any  lottery  ticket,  or  the 
drawing  or  managing  of  any  such  lottery,  in  any 
house,  store,  or  other  building,  owned,  renred,  or 
occupied  by  him,  within  this  Commonwealth  ;  or 
shall  knowingly  suffer  or  permit  any  lottery  ticket 
or  part  of  a  lottery  ticket  to  be  raffled  for  or  won 
by  throwing  dice  in  any  house,  shop,  or  other  build- 
ing owned,  rented,  or  occupied  by  him  within  this 
Commonwealth,  every  such  person  shall  forfeit 
and  pay  a  sum  not  less  than  one  hundred  dollars, 
nor  more  than  two  thousand  dollars,  to  be  recov- 
ered by  indictment  or  information,  before  any  court 
of  competent  jurisdiction  ;  one  half  of  said  fine  or 
forfeiture  for  the  use  of  the  Commonwealth,  and  the 
other  half  to  the  person  or  persons  who  shall  j:)ros- 
ecute  therefor:  and  if  any  person,  who  shall  have 
been  arrested  for  an  offence  under  this  section,  and 
been  convicted  thereof,  shall,  after  such  arrest, 
commit  either  of  the  offences  aforesaid,  he  shall, 
in  addition  to  the  fines  and  forfeitures  aforesaid,  be 
sentenced,  for  every  subsequent  offence,  to  labor  in 
the  house  of  correction,  or  to  the  common  gaol,  if 
tried  in  any  county  where  no  house  of  correction 
shall  have  been  established,  for  a  term  of  time 
not  less  than  three  months,  nor  more  than  twelve 
months. 

Sec.  2.     Be  it  further  enacted,  That  from  and 


LOTTERIES.  March  23,  I S3S.  723 

after  the  passing  of   this  act,  if  any  person  shall  Penalty  for  ad- 

^  ^  J  •         1      r  •  vertising    lottery 

advertise  or  cause   to  be  advertised,  for  sale,  any  tickets,  or  exhib- 

•'    iting  any  emble- 

lotterv  ticket,  or  part  of  any  lottery  ticket,  or  any  matic  represen- 

•^  '  r  J      ^  J  J    tation  of  a  lottery. 

certificate,  bill,  token,  or  security,  purporting  to  en- 
title the  owner,  bearer  or  holder,  or  any  other  per- 
son, to  any  share  or  interest  in  any  prize,  to  be 
drawn  in  any  lottery  not  authorized  by  the  laws  of 
this  Commonwealth; — or  shall  exhibit  any  sign, 
symbol,  or  other  emblematic  representation  of  a 
lottery,  or  of  the  drawing  of  a  lottery,  or  in  any 
way  indicating  where  any  such  lottery  ticket  or  part 
of  a  lottery  ticket,  certificate,  bill,  token,  or  secu- 
rity, may  be  purchased  or  received,  or  shall  in  any 
manner  invite  or  entice  others  to  purchase  or  re- 
ceive any  such  lottery  ticket,  part  of  a  lottery  tick- 
et, certificate,  bill,  token  or  security  ; — such  person 
shall  forfeit  and  pay,  for  each  and  every  such 
offence,  a  sum  not  less  than  thirty  dollars,  nor  more 
than  one  hundred  dollars,  to  be  recovered  by  infor- 
mation or  indictment  before  any  court  of  compe- 
tent jurisdiction  ;  one  half  of  said  fine  or  forfeit- 
ure for  the  use  of  the  Commonwealth,  and  the 
other  half  to  the  person  or  persons  who  shall  pro- 
secute therefor. 

Sec.  3.     Be  it  further  enacted,  That,   from  and  penalty  for  seii- 
after   the    passing  of  this  act,  if  any  person   shall  JefySS'  '°'' 
make,    sell,    or    offer    for   sale,  in    this    Common- £3  *"•" '° 
wealth,  any  fictitious  lottery  ticket,  or  part  of  such 
ticket,  or  any  ticket  or  part   of  any  ticket  in   any 
fictitious  or  pretended  lottery,  knowing  such  ticket 
or  lottery   to   be  fictitious,  or  in    any    lottery  not 
authorized  by  the  Legislature  of  one  of  the  Uni- 
ted States,  knowing  the  same  not  to  be  so  author- 
ized ; — or  shall  make,  sell,  or  offer  for  sale,  any 
fictitious  certificate,  bill,  token  or  security,  or  shall 
92 


724  LOTTERIES.  March  2S,  ^33. 

receive  any  money  or  other  valuable  consideration 
tor  any  such  ticket  or  part  of  a  ticket,  certificate, 
bill,  token  or  security,  knowing  the  same  to  be  fic- 
titious, purporting  that  the  owner,  bearer,  or  holder 
thereof,  or  any  other  person,  is  or  shall  be  entitled 
to  receive  any  prize  or  part  of  a  prize  that  may  be 
drawn  in  any  such  lottery ; — or  shall  make  or  have 
in  his  possession,  with  intent  to  sell  or  negociate, 
any  such  fictitious  ticket  or  part  of  a  ticket,  bill, 
token  or  security,  knowing  the  same  to  be  ficti- 
tious— every  person  so  oflfending,  and  being  thereof 
convicted,  before  any  court  of  competent  jurisdic- 
tion, shall  be  punished  by  imprisonment  and  con- 
finement to  labor  in  the  State  Prison,  for  a  term 
of  time  not  less  than  one  year,  nor  more  than  three 
years.  And,  upon  the  trial  of  any  prosecution  for 
either  of  the  offences  described  in  this  section, 
whether  by  indictment  or  information,  any  ticket 
or  part  of  a  ticket,  certificate,  bill,  token,  or  secu- 
rity purporting  to  entitle  any  person  to  any  prize, 
or  part  of  any  prize  that  may  be  drawn  in  any  lot- 
tery, and  which  the  defendant  shall  have  been 
proved  to  have  sold,  or  offered  for  sale,  or  for 
which  he  shall  have  received  any  valuable  conside- 
ration, shall  be  deemed  to  be  false,  spurious,  ficti- 
tious, and  pretended,  unless  the  defendant  shall 
prove  that  the  saaie  when  it  was  sold,  or  offered 
for  sale  by  him,  was  an  original  and  genuine  tick- 
et, or  part  ot  a  ticket,  in  a  lottery  authorized  by 
the  Legislature  of  one  of  the  United  States,  ex- 
istinir  and  undrawn  at  the  tiuie  of  sale,  or  offered 
for  sale,  and  binding  upon  the  managers  of  such 
lottery  or  other  person  or  persons  authorized  by 
the  Legislature  of  such  State,  to  issue  such  ticket, 
or  part  of  a  ticket.     And  any   person  or  persons 


LOTTERIES.  March  23,  IS33.  725 

who  shall   prosecute  to  conviction  any  one   who  compensation  to 

r  -'  persons  prosecu- 

may  have  committed  either  of  the  offences  de-  *'«? 
scribed  in  this  section,  shall  be  entitled  to  receive 
from  the  treasury  of  the  Commonwealth  the  sum  of 
fifty  dollars  for  every  such  conviction,  and  a  war- 
rant shall  be  granted  therefor,  upon  the  certificate 
of  the  judge  of  the  court  before  which  the  con- 
viction shall  have  been  had,  that  such  person  or 
persons  are  entitled  to  such  reward,  as  such  prose- 
cutor or  prosecutors. 

Sec.  4,  Be  it  further  enacted,  That,  on  com-  f^^l'^^^I^Yt  l^; 
plaint  of  the  violation  of  any  of  the  provisions  of  JJ-^Sfrsr'"" 
this  act,  made  under  oath  or  affirmation  to  any 
justice  of  the  peace,  or  of  any  justice  of  any 
police  court,  such  justice  shall  issue  a  warrant  for 
the  apprehension  of  the  offender  or  offenders,  and 
if  he  see  cause,  shall  bind  over  said  offender  or 
offenders,  to  the  next  court  of  common  pleas,  to 
be  held  within  the  county  where  the  offence  shall 
be  alleged  to  have  been  committed,  or  to  the  mu- 
nicipal court  of  the  city  of  Boston,  if  within  the 
county  of  Suffolk,  to  be  tried  for  such  offence. 

Sec.  5.     Be  it  further  enacted,    That  all  money  ah  money  drawn 

'^  1   I       '"  lotteries  to  be 

received  by  any  inhabitant  of  this  Commonwealth,  forfeited  to  this 

•'  •'  ,     ,  ,  Commonwealth. 

or  by  any  person  residing  therein,  for  or  on  ac- 
count of  any  prize  or  part  of  a  prize,  that  may 
have  been  drawn  or  pretended  to  be  drawn  by  or 
upon  any  real  or  fictitious  ticket  or  part  of  a  ticket, 
certificate,  bill,  token,  or  security,  in  any  real  or 
pretended  lottery,  purchased  or  received  withia  this 
Commonwealth,  shall  be  forfeited  to  the  Common- 
wealth, and  may  be  recovered  for  the  Common- 
wealth, from  the  person  who  shall  have  received 
it,  by  information  filed  in  any  court  of  competf'nt 
jurisdiction,  or  it  may  be  recovered  in  any  such 


726  BARNSTABLE  BANK.  March  23,  1833. 

court,  by  an  action  for  money  had  and  received, 
in  the  name  of  the  Commonwealth  by  any  attorney 
thereof. 
Former  acts,  in-       §£0.    6.     Be   it   farther   enacted,    That  all  acts 

consistent  with  .^  ' 

thisacrre'eded'^  hcrctoforc  passcd  for  the  regulation  and  suppres- 
sion of  lotteries,  be,  and  they  hereby  are  re- 
pealed, except  in  so  much  as  they  may  affect  any 
actions,  suits,  informations  or  indictments  that  may 
have  been  commenced  under  the  sanction  of  such 
acts  respectively. 

[Approved  by  the  Governor,  March  23,  1833.] 


CHAP.  CXLIX. 

An  Act  to  increase  the  Capital  Stock  of  the  Barn- 
stable Bank. 

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

Sdstocr  ^y  ^^^  authority  of  the  same,  That  the  president, 
directors  and  company  of  the  Barnstable  Bank  are 
hereby  empowered  to  increase  their  present  capital 
stock,  by  an  addition  of  fifty  thousand  dollars  there- 
to, in  shares  of  one  hundred  dollars  each,  which 
shall  be  paid  in  such  instalments,  and  at  such 
times,  as  the  president  and  directors  of  said  bank 
may  direct :  provided  however,  that  the  whole 
amount  shall  be  paid  in,  within  one  year  from  the 
time  of  the  passage  of  this  act. 

Additional  stock.  §^0.  2.  Bs  it  farther  enacted,  That  the  addi- 
tional stock  aforesaid,  shall  be  subject  to  the  like 


ANDOVER  BANK.  March  23,  1833.  727 

tax,  regulations,  restrictions  and  provisions,  to 
whicli  the  present  capital  stock  of"  said  corporation 
is  now  subject. 

Sec.  3.     Be  it  further  enacted,   That  the  institu-  instumion  for 

^  savings  may 

tion  for  savings  in  the  town  of  Barnstable,  is  hereby  subscribe  for  ad- 

*=  •'    Qitional  stock. 

empowered  to  subscribe,  by  its  treasurer,  for  any 
portion  of  the  additional  stock  aforesaid,  not  ex- 
ceeding one  tenth  part  of  the  same,  at  the  pleasure 
of  said  institution,  on  any  day  before  the  time  when 
the  first  instalment  of  said  additional  stock  may 
be  called  for  by  the  said  bank,  and  shall,  and  may 
pay  for  said  portion  of  said  additional  stock  so 
subscribed  for,  at  the  par  value,  in  the  same  man- 
ner as  any  other  stockholder. 

Sec.  4.  Be  it  further  enacted,  That  before  said  certificate. 
corporation  shall  proceed  to  do  business  upon  the 
said  additional  capital,  a  certificate,  signed  by  the 
president  and  a  majority  of  the  directors,  and  at- 
tested by  the  cashier,  that  the  same  has  been  act- 
ually paid  into  said  bank,  shall  be  returned  into 
the  office  of  the  secretary  of  this  Commonwealth. 

[Approved  by  the  Governor,  March  23,  1833.] 


CHAP.  CL. 

An  Act  to  increase  the  Capital  Stock  of  the  Ando- 
ver  Bank. 

Sec   1.     He  it  enacted  by  the  Senate  a7id  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  saine,  That  the  president,  May  increase 
directors  and  company  of  the  Andover  Bank,  are  "^^^'^  ^'^'^ 


728  GUNPOWDER  IN  BOSTON.    March  25,  1833. 

hereby  empowered  to  increase  their  capital  stock, 
by  an  addition  of  seventy-five  thousand  dollars 
thereto,  in  shares  of  one  hundred  dollars  each, 
which  shall  be  paid  in  such  instalments,  and  at 
such  times  as  the  president  and  directors  of  said 
bank  may  direct  and  determine  :  provided  however, 
that  the  whole  amount  shall  be  paid  in,  on  or  be- 
fore the  first  day  of  January  next. 
Additional  stock.  gj,-^.^  2.  Be  U  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 
corporation  shall  proceed  to  do  business  upon  the 
said  additional  capital  stock,  a  certificate,  signed 
by  the  president  and  a  majority  of  the  directors, 
and  attested  by  the  cashier,  that  the  same  has  been 
actually  paid  into  said  bank,  shall  be  returned  into 
the  office  of  the  secretary  of  this  Commonwealth. 

[Approved  by  the  Governor,  March  23,  1833.] 


Certificate. 


CHAP.  CLI. 

An  Act  further  regulating  the  storage,  safe  keep- 
ing, and  transportation  of  Gunpowder  in  the 
city  of  Boston. 

Sec-  1.  1>E  z7  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same,  That  no  person,  ex- 


GUNPOWDER  IN  BOSTON.    March  25,  1833.  729 

cept  on  military  duty  in  the  public  service  of  the 
United  States,  or  of  this  Commonwealth,  shall 
keep,  have  or  possess,  in  any  building,  or  in  any 
place,  or  in  any  carriage,  or  on  any  wharf,  or  on 
board  of  any  ship,  or  other  vessel,  within  two  hun- 
dred yards  of  any  wharf,  or  of  the  main  land,  in  the 
city  of  Boston,  gunpowder  in  any  quantity  exceed- 
ing one  pound,  in  any  way  or  manner,  other  than 
by  this  act,  and  by  the  rules  and  regulations  here- 
inafter mentioned,  may  be  permitted  and  allowed. 
And  all  gunpowder,  had,  kept  or  possessed,  contra- 
ry to  the  provisions  of  this  act,  and  of  such  rules 
and  regulations,  shall  be  forfeited,  and  liable  to  be 
seized  and  proceeded  against  in  the  manner  here- 
inafter provided. 

Sec.  2.  Be  it  further  enacted,  That  it  shall  not  License,  &c. 
be  lawful  for  any  person  or  persons  to  sell  any  gun- 
powder, which  may,  at  the  time,  be  within  the  city 
of  Boston,  in  any  quantity,  without  first  having  ob- 
tained from  the  engineers  of  said  city,  a  license, 
signed  by  the  chief  engineer,  or  by  the  secretary 
of  the  board  of  engineers,  on  which  shall  be  writ- 
ten, or  printed,  a  copy  of  the  rules  and  regulations 
by  them  established,  relative  to  keeping,  selling 
and  transporting  gunpowder  within  said  city,  and 
every  such  license  shall  be  in  force  for  one  year 
from  the  date  thereof,  unless  annulled  by  the  board 
of  engineers,  and  no  longer;  but  such  license  may, 
prior  to  the  expiration  of  that  term,  be  renewed 
by  the  chief  engineer  or  the  said  secretary,  from  year 
to  year,  by  endorsement  thereon, — provided  alivays, 
that  the  board  of  engineers  may  rescind  any  such 
license,  it  in  their  opinion  the  person  or  persons 
have  disobeyed  the  law,  or  infringed  any  rules  and 
regulations  established  by  said  board  of  engineers. 


730  GUNPOWDER  IN  BOSTON.    March 'lb,  1833- 

And  every  person  who  shall  receive  a  license  to 
sell  gunpowder  as  aforesaid,  shall  pay  for  the  same 
the  sum  of  Jive  dollars — and  for  the  renewal  there- 
of, the  sum  of  one  dollar — which  sums  shall  be 
paid  to  the  board  of  engineers,  for  their  use,  for 
the  purpose  of  defraying  the  expenses  of  carrying 
this  act  into  execution. 
Ruiesandregu-        §£€.  3.  Be  it  further  euactsd,  That  the  board  of 

lations.  i/  ' 

engineers  of  the  citv  of  Boston  may  establish  rules 
and  regulations,  from  time  to  time,  relative  to  the 
times  and  places  at  which  gunpowder  may  be 
brought  to  or  carried  from  said  city  by  land  or 
water,  the  times  when  and  the  manner  in  which 
the  same  may  be  transported  through  said  city,  to 
direct  and  regulate  the  kind  of  carriages  and  boats, 
in  which  the  same  may  be  so  brought  to,  carried 
from  and  through  said  city,  and  to  direct  the  man- 
ner in  which  gunpow.der  may  be  kept  by  licensed 
dealers,  and  other  persons,  and  to  direct  and  require 
all  such  precautions  as  may  appear  to  them  needful 
and  salutary  to  guard  against  danger  in  the  keeping 
and  transportation  of  gunpowder. 
Penalty  for  sei-        Sec.  4.  Bc   it   further  eiiacted,  That  any  person 

Wng  without  ,  "i      11      1  1 

license.  Or  persous,  who   shall    keep,   have,    or    possess   any 

gunpowder  within  the  city  of  Boston,  contrary  to 
the  provisions  of  this  act,  and  to  the  rules  and  regu- 
lations made  as  aforesaid,  or  who  shall  sell  any  gun- 
powder therein  w  ithout  having  a  license  therefor,  or 
contrary  to  said  license,  or  the  rules  and  regulations 
made  as  aforesaid,  shall  forfeit  and  pay  a  fine  of 
not  less  than  ojie  hundred  dollars,  and  not  exceed- 
ing ^^t'e  hundred  dollars,  for  each  and  every  offence  ; 
and  if  any  gunpowder,  kept  contrary  to  the  provi- 
sions of  this  act  shall  explode  in  any  building,  or  on 
board   any  ship   or  other  vessel,   or  in   any  place  in 


GUNPOWDER  IN  BOSTON.   31arch  25,   1833.  731 

said  city,  the  occupant,  tenant  or  owner  of  which 
has  not  then  a  license  to  keep  and  sell  gunpowder 
therein,  or  which  gunpowder  shall  have  been  kept 
in  any  manner  contrary  to  such  license,  or  to  the 
rules  and  regulations  established  as  aforesaid,  such 
occupant,  tenant  or  owner  shall  forfeit  and  pay  a 
fine  of  not  less  than  Jive  hu7idred  dollars^  and  not 
exceeding  one  thousand  dollars  ; — one  moiety  of  the 
sums  which  may  be  so  forfeited  shall  accrue  to  the 
use  of  the  poor  of  the  city  of  Boston,  and  the  other 
moiety  to  the  use  of  any  person  or  persons  who  shall 
prosecute  for  the  same,  which  forfeitures  may  be 
recovered  by  action  of  the  case  in  any  court  proper 
to  try  the  same. 

Sec.  5.   Be  it  further  enacted^  That  all  ^unpow-  Gunpowder  may 

,^  ,  ,  ~,         .       .       be  seized,  &.c. 

der,  which  shall  be  kept,  had  or  possessed  withm 
the  city  of  Boston,  or  brought  into  or  transported 
through  the  same,  contrary  to  the  provisions  of  this 
act.  and  to  the  rules  and  regulations  made  as  afore- 
said,  may  be  seized  and  taken  into  custody  by  any 
one  or  more  of  the  engineers  of  said  city,  and  the 
same  shall,  within  twenty  days  next  after  the  sei- 
zure thereof,  be  libelled,  by  filing  in  the  office  of 
the  clerk  of  the  municipal  court  of  the  city  of  Bos- 
ton, a  libel,  stating  the  time,  place  and  cause  of 
such  seizure,  a  copy  of  which  libel,  or  the  substance 
thereof,  together  with  a  summons  or  notice,  which 
such  clerk  is  hereby  authorized  to  issue,  shall  be 
served  on  the  person  or  persons,  in  whose  custody 
or  possession  such  gunpowder  shall  have  been  seiz- 
ed, if  such  person  be  an  inhabitant  of  this  Common- 
wealth, by  delivering  a  copy  thereof  to  such  person 
or  persons,  or  leaving  such  a  copy  at  his,  her,  or  their 
usual  place  of  abodp,  fourteen  days  at  least  before 
the  sittins;  of  the  court  at  which  the  same  is  to  be 
95 


732  GUNPOWDER  IN  BOSTON.    March  25,  1833. 

heard,  that  such  person  or  persons  may  appear  and 
shew  cause  why  the  gunpowder  so  seized  and  taken 
should  not  be  adjudged  forfeit.  And  if  the  gunpow- 
der so  seized  shall  be  adjudged  forfeit,  the  person  or 
persons,  in  whose  custody  or  possession  the  same 
was  seized,  or  the  occupant  or  tenant  of  the  place 
wherein  the  same  was  so  seized,  shall  pay  all  costs 
of  prosecution,  and  execution  shall  be  issued  there- 
Proviso,  for,  provided  that  it  appear  to  the  court  that  such 
person  or  persons  had  notice  of  such  prosecution  by 
service  as  aforesaid,  and  in  case  the  person  or  per- 
sons in  whose  custody  or  possession  such  gimpow- 
der  may  be  seized,  shall  be  unknown  to  the  engineer 
or  engineers  making  such  seizure,  or  in  case  such 
gunpowder,  at  the  time  of  seizure,  may  not  be  in 
the  custody  or  possession  of  any  person,  or  if  it 
shall  appear  by  the  return  of  the  officer  that  such 
person  cannot  be  found,  or  has  no  place  of  abode  in 
this  Commonwealth,  then  said  court  shall  and  may 
proceed  to  adjudication  thereon.  And  such  libel  or 
summons,  and  also  such  n'rit  of  execution  for  costs, 
shall  and  may  be  served  and  executed  in  any  county 
in  this  Commonwealth,  and  by  any  officer  compe- 
tent to  execute  civil  process  in  like  cases. 
Fine  for  rescuing      Seo.  g,  Bc  it  further  enttcted.  That  any    person 

gunpowder,  or  "^  ■■  j      i 

attempting  to  res  or  pcrsons,  vvho  sliall  rescuc,  or  attempt  to  rescue, 
any  gunpowder  seized  as  aforesaid,  or  shall  aid  or 
assist  therein,  or  who  shall  counsel  and  advise,  or 
procure  the  same  to  be  done,  or  who  shall  molest, 
hinder  or  obstruct  any  engineer  in  such  seizure,  or 
in  conveying  ?:unpovvder  so  seized  to  a  place  of 
safety,  shail  forfeit  and  pay  a  fine  for  each  offence 
of  not  less  than  one  hundred  dollars,  and  not  exceed- 
ing five  hundred  dollars,  to  be  sued  for  and  recov- 
ered by  action  of  the  case,  by  any  person  or  persons 


GUNPOWDER  IN  BOSTON.    March  25,  1833.  733 

who  shall  sue  for  the  same,  ia  any  court  proper  to 
try  the  same  ;  and  it  is  hereby  made  the  duty  of  all 
persons  to  aid  and  assist  such  engineer  or  engineers 
in  executing  the  duties  hereby  required. 

Sec.  7.  Be  it  further  enacted,  That  the  said  Engineers  may 
engineers,  or  any  of  them,  may  enter  the  store  or 
place  of  any  person  or  persons  licensed  to  sell  gun- 
powder, to  examine  and  ascertain  if  the  laws,  rules 
and  regulations  relating  thereto  are  strictly  observ- 
ed ;  and  on  an  alarm  of  fire,  may  cause  the  powder 
there  deposited  to  be  removed,  or  destroyed,  as  the 
case  may  require  ;  and  it  shall  be  lawful  for  any  one 
or  more  of  the  engineers  of  said  city  to  enter  any 
dwelling  house  or  other  place  in  the  city  of  Boston, 
to  search  for  gunpowder,  first  having  obtained  from 
a  justice  of  the  police  court  in  said  city  a  search 
warrant  therefor,  which  warrant  the  justices  of  said 
court  are  hereby  authorized  to  issue,  upon  the  com- 
plaint of  such  engineer  or  engineers,  supported  by 
his  or  their  oath. 

Sec.  8.      Be    it  further   enacted,    That  any  per-  person  suffering 
son  who  shall  suffer  injury  by  the  explosion  of  any  nfayTaveM' 

J  1      J      1         >.  *  X    J  '^u-         ^i_      action  of  the  case, 

gunpowder,  had,  kept,  or  transported  within  the  &c. 
city  of  Boston,  contrary  to  the  provisions  of  this  act, 
and  of  the  rules  and  regulations  established  as  afore- 
said, may  have  an  action  of  the  case  in  any  court 
proper  to  try  the  same,  against  the  owner  or  own- 
ers of  such  gunpowder,  or  against  any  other  person 
or  persons  who  may  have  had  the  possession  or  cus- 
tody of  such  gunpowder,  at  the  time  of  the  explosion 
thereof,  to  recover  reasonable  damages  for  the  inju- 
ry thus  sustained. 

Sec.  9.  Be  it  further  enacted,  That  it  shall  be  Rules  and  regu- 
the  duty  of  the  engineers  of  the   city  of  Boston,  to 
cause  all  such  rules  and  regulations  as  they   may 


734 


GUNPOWDER  IN  BOSTON.     March  25,  1833. 


Fines,  how  re- 
covered. 


Fines,  how  ap- 
propriated. 


make  and  establish,  by  virtue  of  the  authority 
given  by  this  act,  to  be  published  in  two  or  more 
newspapers  printed  in  the  city  of  Boston,  and  to 
cause  such  publication  to  be  continued  three  weelis 
successively,  for  the  information  and  government  of 
all  persons  concerned. 

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

Sec.  W.  Be  it  further  enacted,  That  all  fines, 
penalties  and  forfeitures,  which  shall  be  recov- 
ered by  force  of  this  act,  and  which  are  not 
otherwise  appropriated,  shall  accrue  and  enure, 
one  half  to  the  poor  of  the  city  of  Boston,  to  be 
paid  over  to  the  overseers  of  the  poor  thereof,  and 
one  half  to  the  engineers  of  said  city  :  provided, 
however,  that  whenever,  on  the  trial  of  any  prosecu- 
tion under  this  act,  any  one  or  more  of  said 
engineers  shall  be  sworn  and  examined  as  a  wit- 
ness or  witnesses  therein,  record  thereof  shall  be 
made  in  court,  and  in  that  case,  the  whole  of  such 
fine,  penalty,  and  forfeiture  shall  accrue  and  enure 


EAST  BOSTON  COMPANY.     March  25,  1833.  735 

to  the   poor  of  said  city,  and   to   be   paid   over  as 
aforesaid. 

Sec.   12.     Beit  further  enacted.  That  this   act  ^f,  when  to 

^  take  effect. 

shall  take  effect  and  be  in  force  from  and  after  the 
passing  thereof,  and  that  all  acts  and  parts  of  acts, 
heretofore  passed,  which  are  inconsistent  with,  or 
repugnant  to  the  provisions  of  this  act,  be,  and  the 
same  are  hereby  repealed  ;  provided,  however,  that 
the  same  shall  continue  in  force,  for  the  purpose  of 
prosecuting  all  offences  which  may  have  been  com- 
mitted prior  to  the  passing  of  this  act,  in  the  same 
manner,  to  all  intents  and  purposes,  as  if  the  same 
had  not  been  repealed.  And  provided  further,  that 
all  rules  and  regulations,  made  ai^d  established  by 
the  engineers  of  said  city,  under  and  by  virtue  of 
the  provisions  of  such  former  acts,  shall  continue 
to  have  the  same  force  and  effect,  until  altered  or 
annulled  by  said  engineers,  as  if  this  act  had  not 
been  passed. 

[Approved  by  the  Governor,  March  25,  1833.] 


CHAP.    CLII. 

An  Act  to  incorporate  the  East  Boston  Company, 
in  the  City  of  Boston. 

Sec.  1.    Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General   Court  assembled,  and 
by  the  authority  of  the  same,  That  Francis  J.  Oliver,  persons  incorpo- 
Stephen    White,    William    H.   Sumner,   and    their 


736 


EAST  BOSTON  COMPANY.     March  25,  1833. 


May  bold  and 
possess  Noddle's 
Island. 


Proviso. 


Number  of 
shares. 


associates,  successors  and  assigns,  be,  and  they 
are  hereby  made  a  body  corporate,  by  the  name  of 
the  East  Boston  Company,  for  the  purpose  of  im- 
proving Noddle's  Island,  with  the  powers  and  re- 
quirements contained  in  "  an  act  concerning  cor- 
porations," passed  March  eighth,  A.  D.  one  thou- 
sand eight  hundred  and  thirty-three. 

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

Sec.  3.  Be  it  further  enacted,  That  said  corpo- 
ration may,  at  any  legal  meeting,  agree  upon  the 
number  of  shares  into  which  the  corporate  estate 


EAST  BOSTON  COMPANY.     March  25,  1833.  737 

and  property  shall  be  divided,  and  upon  the  form 
of  certificates  of  shares  to  be  issued  to  the  propri- 
etors,  and  upon  the  manner  and  conditions  of 
transferring  the  same ;  which  shares  shall  be 
deemed  and  held  as  personal  property.  And  said 
corporation  shall  have  power  to  assess,  upon  each  Assessments. 
share,  such  sums  of  money  as  may  be  considered 
as  necessary  for  constructing,  repairing  and  main- 
taining dams,  docks,  wharves  and  buildings,  and 
for  the  improvement  and  good  management  of  the 
property  of  said  corporation,  and  for  the  incidental 
expenses  thereof;  and  to  sell  and  dispose  of  the 
shares  of  any  delinquent  proprietor,  for  the  pay- 
ment of  assessments,  in  such  manner  as  said  cor- 
poration may,  by  its  by-laws,  determine  :  provided, 
that  no  assessment  shall  be  made  at  any  meeting, 
unless  agreed  to  by  two  thirds,  at  least,  both  in 
number  and  value,  of  those  proprietors  present  and 
represented,  nor  unless  notice  of  the  purpose  of 
such  meeting  shall  have  been  given  ten  days,  at 
least,  previous  thereto,  in  the  manner  prescribed 
by  the  by-laws. 

Sec.  4.     Be  it  further  enacted.  That  said   cor-  corporation  to 

^  .  set  apart  land  for 

poration   shall   set   apart  on   said   island,   in    such  engine  houses, 

&LC. 

place  or  places  thereon  as  tlie  mayor  and  aldermen 
of  the  city  of  Boston  may  designate,  a  portion  of 
land,  not  exceeding  in  the  whole  four  acres,  free 
of  expense  to  the  city,  for  the  purpose  of  providing 
proper  sites  for  engine  houses,  school  houses,  burial 
grounds,  and  for  other  public  purposes  :  provided, 
that  no  lot,  except  the  lots  for  burial  grounds,  shall 
contain  more  than  ten  thousand  feet,  without  the 
consent  of  this  corporation  :  and  provided  further, 
that  said  mayor  and  aldermen   shall  designate  the 


738  NORTHAMPTON  BANK.  March  25,  \^SS. 

land  so  to  be  taken  within  six  weeks  from  the  pass- 
ing of  this  act. 

Sec.  5.  Be  it  further  enacted,  That  nothing 
herein  contained  shall  be  construed  to  confirm, 
interrupt  or  impair  the  existing  rights  belonging  to 
the  proprietors,  or  others,  or  of  any  ferry  already 
established,  or  to  authorize  the  building  of  any 
bridge,  or  dam,  over  the  channel  of  any  public 
navigable  waters,  or  otherwise  permanently  to  ob- 
struct the  same,  or  to  restrain  the  power  of  setting 
up  any  ferry  which  the  wants  or  convenience  of 
the  public  may  hereafter  require. 
v«'es.  Sec.    6.     Be   it  further   enacted,    That,    at   all 

meetings,  the  proprietors  present  shall  be  respec- 
tively entitled  to  as  many  votes  as  they  shall  hold 
shares  in  said  corporation  :  provided,  that  no  one 
proprietor  shall  ever  be  entitled  to  more  than  one 
quarter  part  of  the  whole  number  of  the  votes  of 
said  corporation  ;  and  absent  proprietors  may  vote 
by  proxy,  authorized  in  writing. 

[Approved  by  the  Governor,  March  25,  1833.] 


CHAP.  CLIII. 

An  Act  to  establish  the  Northampton  Bank. 

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

of  Representatives  in  General  Court  assembled,  and 

Persons  incorpo-  f^y  iJi^  authorittj  of  the  sumc.  That  Samuel  Hinckley, 

John  Hopkins,  Thomas  Napier,  George  Bancroft, 


NORTHAMPTON  BANK.  March  25,  ISSS.  739 

and  Charles  A.  Dewey,  their  associates,  successors 
and  assigns,  are  hereby  created  a  corporation,  by 
the  name  of  the  President,  Directors  and  Company 
of  the  Northampton  Bank,  to  be  established  in 
Northampton,  and  shall  so  continue  until  the  first 
day  of  October,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  fifty-one,  and  said  corpo- 
ration shall  be  entitled  to  all  the  powers  and  privi- 
leges, and  be  subject  to  all  the  duties,  liabilities 
and  requirements  contained  in  the  ninety-sixth 
chapter  of  the  statutes  of  one  thousand  eight  hun- 
dred and  twenty  eight,  the  fifty-eighth  chapter  of 
the  statutes  of  one  thousand  eight  hundred  and 
thirty,  and  in  the  second  section  of  "  an  act  con- 
cerning corporations,"  passed  March  eighth,  one 
thousand  eight  hundred  and  thirty-three. 

Sec.  2.  Be  it  further  enacted,  That  the  stock  in  ^SfeSr 
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  perform- 
ance 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  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.     Beit  further  enacted.  That  said  bank  whereestab- 
shall  be  established  in  the  town  of  Northampton  ; 
and  any  tv/o  of  the  persons  herein  named   shall  be 
authorized  to  call  the  first  meeting  of  said  corpo- 

94, 


740  NEWBURYPORT  MEC.  BANK.  March  25, 1 833. 

ration,  by  advertising  the  same  in  any  newspaper 
published  in  Northampton,  ten  days  at  least  before 
said  meeting. 

[Approved  by  the  Governor,  March  25,  1833.] 


CHAP.  CLIV. 

An  Act  to  increase  the  capital  stock  of  the  Me- 
chanics Bank  in  Nevvburyport. 

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

fapn^llotk  ^y  ^^^^  authority  of  the  same.  That  the  president, 
directors  and  company  of  the  Mechanics  Bank  in 
Newburyport  are  hereby  empowered  to  increase 
their  present  capital  stock,  by  an  addition  of  one 
hundred  thousand  dollars  thereto,  in  shares  of  one 
hundred  dollars  each,  which  shall  be  paid  in  such 
instalments,  and  at  such  times,  as  the  president  and 
directors  of  said  bank  may  direct :  provided  how- 
ever, that  the  whole  amount  shall  be  paid  in,  on  or 
before  the  first  day  of  October  next. 

Additional  stock      ggc.  2.     Bc  it  further  enacted,  That   the   addi- 

subjecttotax&c.  ^  ' 

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. 
Secretary  of  Sec.  3.     Bc  it  furthcr  cuacted.  That  before  said 

State  to  receive  _ 

certificate,  &c.  corporatiou  shall  proceed  to  do  business  upon  said 
additional  capital,  a  certificate,  signed  by  the  presi- 
dent and  a  majority  of  the  directors,  and  attested 


HINGHAM  BANK.  March  25,  1833.  741 

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  25,  1833.] 


CHAP.  CLV. 


An  Act  to  establish  the  Hinghani  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  David  Whiton,  Persons  mcorpo- 
Leavitt  Souther,  Luther  J.  Barnes,  Nathaniel 
Whittemore  and  Moses  L.  Humphrey,  their  asso- 
ciates, successors  and  assigns,  are  hereby  created 
a  corporation,  by  the  name  of  "  the  President  Di- 
rectors and  Company  of  the  Hingham  Bank,"  to 
be  established  in  Hingham,  and  shall  so  continue 
until  the  first  day  of  October,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  fifty-one, 
and  shall  be  entitled  to  all  the  powers  and  privi- 
leges, and  subject  to  all  the  duties,  liabilities  and 
requirements  contained  in  the  ninety-sixth  chapter 
of  the  statutes  of  one  thousand  eight  hundred  and 
twenty-eight,  in  the  fifty-eighth  chapter  of  the 
statutes  of  one  thousand  eight  hundred  and  thirty, 
and  in  the  second  section  of  "  an  act  concerninor 
corporations,"  passed  March  eighth,  one  thousand 
eight  hundred  and  thirty-three. 

Sec.  2.     Be  it  further  enacted,  That  the  stock  when  and  where 
in  said  bank  shall  be  transferable  only  at  its  bank-  aWe. 


742  FRAMINGHAM  BANK.  March  25,  1833. 

ing  house  and  in  its  books,  and  no  part  thereof 
shall  be  transferred  by  way  of  security  for  the  per- 
formance of  any  obUgation  whatsoever,  until  two 
years  from  the  payment  of  the  first  instalment  into 
said  bank. 
Capital  stock. I  Sec.  3.  Be  it  further  euacted,  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  in- 
stalments, and  at  such  times,  as  the  stockholders 
may  direct :  provided,  the  whole  be  paid  in  within 
one  year  from  the  passing  of  this  act. 

[Approved  by  the  Governor,  March  25,   1833.] 


rated 


CHAP.  CLVI. 


An  Act  to  establish  the  Framingham  Bank. 

Sec.  1 .  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
Person^  incorpo-  bi/  the  aut/iority  of  the  same,  That  Micah  Stone, 
Dexter  Fay,  Sullivan  Fay,  Elijah  Perry,  and  Rufus 
Brewer,  their  associates,  successors  and  assigns, 
are  hereby  created  a  corporation  by  the  name  of 
the  President,  Directors  and  Company  of  the  Fra- 
mingham Bank,  to  be  established  at  Framingham, 
and  shall  so  continue  until  the  first  day  of  October, 
in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  fifty-one,  and  shall  be  entitled  to  all  the 
privileges,  and  subject  to  all  the  liabilities  and  re- 
quirements, contained  in  the  statutes  of  one  thou- 


DUXBURY  BANK.  March  25,  1833.  743 

sand  eight  hundred  and  twenty-eight,  chapter 
ninety-six,  and  the  statutes  of  one  thousand  eight 
hundred  and  thirty,  chapter  fifty-eight,  and  in  the 
second  section  of  "  an  act  concerning  corpora- 
tions," passed  March  eighth,  one  thousand  eight 
hundred  and  thirty-three. 

Sec.  2.  Be  it  further  enacted^  That  the  stock  Transfer  of  stock. 
of  said  bank  shall  be  transferable  only  at  its  bank- 
ing bouse,  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  capi-  shares. 
tal  stock  of  said  corporation  shall  consist  of  one 
hundred  thousand  dollars,  to  be  divided  into  shares 
of  one  hundred  dollars  each,  to  be  paid  in  such  in- 
stalments, and  at  such  times  as  the  stockholders 
may  direct :  provided,  the  whole  be  paid  in  within 
one  year  from  the  passing  of  this  act. 

[Approved  by  the  Governor,  March  25,  1833.] 


CHAP.  CLVII. 

An  Act  to  establish  the  Duxbury  Bank. 

Sec.   1.    Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assenibled,  and 
by  the  authority  of  the  same,  That  Ezra   Weston,  persons  incorpo- 
Levi  Sampson,   and  George   Loring,  their   associ-  '^^ 
ates,  successors  and   assigns,  are  hereby  created  a 


744  DUXBURY  BANK.  March  25,  1833. 

corporation,  by  the  name  of  the  President,  Direc- 
tors and  Company  of  the  Duxbury  Bank,  to  be  es- 
tabUshed  in  Duxbury,  and  shall  so  continue  until 
the  first  day  of  October,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  fifty-one,  and  shall  be 
entitled  to  all  the  powers  and  privileges,  and  sub- 
ject to  all  the  duties,  liabilities  and  requirements, 
contained  in  the  ninety-sixth  chapter  of  the  stat- 
utes of  one  thousand  eight  hundred  and  twenty- 
eight,  and  in  the  fifty-eighth  chapter  of  the  stat- 
utes of  one  thousand  eight  hundred  and  thirty,  and 
in  the  second  section  of  "  an  act  concerning  cor- 
porations," passed  March  eighth,  one  thousand 
eight  hundred  and  thirty-three. 

Transfer ofstock.  Sec.  2.  Be  it  furthev  enocted,  That  the  stock  in 
said  bank  shall  be  transferable  only  at  its  banking 
house  and  in  its  books,  and  no  part  thereof  shall 
be  transferable  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. 

Shares.  g^c.  3.     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  in  within  one 
year  from  the  passing  of  this  act. 

[Approved  by  the  Governor,  March  25,  1833.] 


NEWBURYP.  MERCH.  BANK.  March  25,  1833.  745 


CHAP.  CLVIII. 

An  Act  to  increase  the   Capital  Stock  of  the  Mer- 
chants' Bank  in  Newburyport. 

Sec.  1 .  1>E  ?'^  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  Merchants'  Bank  in 
Newburyport  are  hereby  empowered  to  increase 
their  present  capital  stock,  by  an  addition  of  seven- 
ty-five thousand  dollars  thereto,  in  shares  of  fifty 
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 :  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 

.  I        1  •  1        subject  to  tax, 

tional  stock  aforesaid   shall   be  subject  lo  the  hke  &^c. 
tax,    regulations,    restrictions    and    provisions    to 
which  the  present  capital  stock  of  said  corporation 
is  now  subject. 

Sec.  3.  Beit  further  enacted,  That  before  said  secretary  of 

"^  .  .       State  to  receive 

corporation  shall  proceed  to  do  busmess  upon  said  a  certificate. 
additional  capital,  a  certificate  signed  by  the  pre- 
sident, and  a  majority  of  the  directors,  and  attested 
by  the  cashier,  that  the  same  has  been  actually 
paid  into  said  bank,  shall  be  returned  into  the  office 
of  the  secretary  of  this  Commonwealth. 


[Approved  by  the  Governor,  March  25,  1833.] 


746  GREENFIELD  BANK.  March  25,  1833. 


CHAP.  CLIX. 


An  Act  to  increase  the  Capital  Stock  of  the  Green- 
field Bank. 

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

frritTck."^''^'''' %  the  authority  of  the  same,  That  the  president, 
directors  and  company  of  the  Greenfield  Bank  are 
hereby  empowered  to  increase  their  present  capi- 
tal stock,  by  an  addition  of  fifty  thousand  dollars 
thereto,  in  shares  of  one  hundred  dollars  each, 
which  shall  be  paid  in  such  instalments,  and  at 
such  times,  as  the  president  and  directors  of  said 
bank  may  determine  ;  provided  however,  that  the 
whole  auiount  shall  be  paid  in  within  one  year  from 
the  passing  of  this  act. 

Additional  stock      Sec.  2.     Be  it  furthcr  enacted.  That  the    addi- 

fec/*"  °  ^^'  tional  stock  aforesaid  shall  be  subject  to  the  like 
tax,  regulations,  restrictions  and  provisions  to 
which  the  present  capital  stock  of  said  corpora- 
tion is  now  subject. 

Secretary  of  Sec.  3.     Be  it  furthcr  eucicted,  That,  before  the 

State  to  receive  ,  "^ 

a  certificate.  said  corporatiou  shall  proceed  to  do  busmess  upon 
said  additional  capital,  a  certificate,  signed  by  the 
president,  and  a  majority  of  the  directors,  and  at- 
tested by  the  cashier,  that  the  same  has  been  ac- 
tually paid  into  said  bank,  shall  be  returned  into 
the  ofiice  of  the  secretary  of  this  Commonwealth. 

[Approved  by  the  Governor,  March  25,  1833.] 


N.  BEDFORD  MAR.  BANK.       March  25,  1833.  747 


CHAP.  CLX. 

An  Act  to  increase  the  Capital   Stock  of  the  Ma- 
rine Bank  in  New  Bedford. 

Sec.  1.  IjE  «7  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  ajid 
by  the  authority  of  the  same,  That  the  president,  di-  J^^fta"stock^ 
rectors  and  company  of  the  Marine  Bank  in  New 
Bedford  are  hereby  empowered  to  increase  their 
present  capital  stock,  by  an  addition  thereto  of  one 
hundred  thousand  dollars,  in  shares  of  one  hundred 
dollars  each,  which  shall  be  paid  in  such  instal- 
ments, and  at  such  times,  as  the  president  and  di- 
rectors of  said  bank  may  direct :  provided  however, 
that  the  whole  amount  shall  be  paid  in,  on  or  be- 
fore the  first  day  of  October  next. 

Sec.  2.     Be  it  further  enacted,  That  the  addi-  Additional  stock, 
tional   stock  aforesaid  shall   be  subject  to  the   like 
tax,    regulations    and    restrictions,    to    which    the 
present  capital  stock  of  said   corporation  is  now 
subject. 

Sec.  3.  Be  it  further  enacted.  That,  before  the  certificate. 
said  corporation  shall  proceed  to  do  business  upon 
said  additional  capital,  a  certificate,  signed  by  the 
president  and  a  majority  of  the  directors,  and  at- 
tested by  the  cashier,  that  the  same  has  been  actu- 
ally paid  into  said  bank,  shall  be  returned  into  the 
office  of  the  secretary  of  the  Commonwealth. 

[Approved  bj  the  Governor,  March  25,  1833.] 
95 


748  IPSWICH  BANK.  March  25.  1^33. 


CHAP.  CLXI. 


An  Act  to  establish  the  Ipswich  Bank. 

Sec.  1.  xJE  it  enacted  by  the  Senate  and  Hovse 
of  Representatives,  in  General  Court  assembled,  and 
Persons  incorpo-  by  thc  authority  of  the  same,  That  Thomas  Man- 
ning, Michael  Brown,  Ephraim  F.  Miller,  Charles 
Kimball,  Samuel  N.  Baker,  and  Samuel  S.  Far- 
rington,  their  associates,  successors  and  assigns, 
are  hereby  created  a  corporation,  by  the  name  of 
the  President,  Directors  and  Company  of  the  Ips- 
wich Bank,  to  be  established  in  Ipswich,  and  shall 
so  continue  until  the  first  day  of  October,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and 
fifty-one,  and  shall  be  entitled  to  all  the  powers 
and  privileges,  and  subject  to  all  the  duties,  liabili- 
ties and  requirements  contained  in  the  statute  of 
one  thousand  eight  hundred  and  twenty-eight, 
chapter  ninety-six,  the  statutes  of  one  thousand 
eight  hundred  and  thirty,  chapter  fifty-eight,  and 
in  the  second  section  of  "  an  act  concerning  cor- 
porations," passed  March  eighth,  one  thousand 
eight  hundred  and  thirty-three. 
When  aad  where  Sec.2.  Bc  it  fiirthcr  cnactcd,  l^\\Q.i  \he  ^iock  wi 
stock  is  transfer-  ^^-j  ^^^j^  gj^^^jj  y^^  transferable  only  at  its  banking 

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. 
Shares.  Sec.  3.    Bc  it  fwthcr  enacted.   That  the  capital 


RANDOLPH  ACADEMY.  March  25,  1833.  749 

stock  shall  consist  of  one  hundred  thousand  dol- 
lars, to  be  divided  into  shares  of  one  hundred  dol- 
lars each,  to  be  paid  in  such  instalments,  and  at 
such  times,  as  the  stockholders  may  direct :  pro- 
vided, that  the  whole  be  paid  in  within  one  year 
from  the  passing  of  this  act. 

[Approved  by  the  Governor,  March  25,  1833.] 


CHAP.    CLXn. 

An  Act  to  incorporate  the  Randolph  Academy. 

13  E  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same,  That  Jonathan  Wales,  Persons  incorpo. 
James  Littlefield,  Royal  Turner,  Ebcnezer  Alden, 
and  Seth  Mann,  their  associates  and  successors, 
are  hereby  incorporated  as  the  Proprietors  of  Ran- 
dolph Academy,  to  be  established  in  the  town  of 
Randolph,  in  the  county  of  Norfolk,  with  the  pow- 
ers and  requirements  contained  in  "  an  act  con- 
cerning corporations,"  passed  March  eio;hth,  one 
thousand  eight  hundred  and  thirty-three  :  and  with  Real  and person- 

o  •'  '  al  estate. 

power  to  hold  real  and  personal  estate  not  exceed- 
ing in  value  the  sum  of  twenty  thousand  dollars,  to 
be  devoted  exclusively  to  the  purposes  of  education. 

[Approved  by  the  Governor,  March  25,  1833.] 


750  SOUTH  BANK.  March25,  1833 


CHAP.    CLXIH. 
An  Act  to  establish  the  South  Bank. 

Sec.  1.  J3E  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 

Persons  iDcorpo.  ^^  ^J^^  authority  of  the  same,  That  John  H.  Bird, 
John  Preston,  George  C.  Thatcher,  Noah  Brooks, 
their  associates,  successors  and  assigns,  are  hereby 
created  a  corporation,  by  the  name  of  the  Presi- 
dent, Directors  and  Company  of  the  South  Bank, 
to  be  estabhshed  in  Boston,  and  shall  so  continue 
until  the  first  day  of  October,  one  thousand  eight 
hundred  and  fifty-one,  and  shall  be  entitled  to  all 
the  powers  and  privileges,  and  subject  to  all  the 
duties,  liabilities  and  requirements  contained  in  the 
ninety-sixth  chapter  of  the  statutes  of  one  thousand 
eight  hundred  and  twenty-eight,  the  fifty-eighth 
chapter  of  the  statutes  of  one  thousand  eight  hun- 
dred and  thirty,  and  in  the  second  section  of  "  an 
act  concerning  corporations,"  passed  March  eighth, 
one  thousand  eight  hundred  and  thirty-three. 

When  and  where       Sec.  2.     Be  it  furtker  cjiacted,  That  the  stock 

stock  IS  transfer-  ^ 

able.  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  two 
years  from  the  payment  of  the  first  instalment  into 
said  bank. 
Shares.  Sec.  3.     Be  it  further  enacted,  That  the  capital 

stock  of  said  corporation  shall  consist  of  five  hun- 


QUINSIGAMOND  BANK.  March  25,  I S3S.  751 

dred  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  in 
within  one  year  from  the  passage  of  this  act. 

[Approved  by  the  Governor,  March  25,  1833.] 


CHAP.  CLXIV. 

An  Act  to  establish  the  Quinsigamond  Bank. 

Sec.  1.  ijE  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same,  That  Nathaniel  Paine,  Persons  incorpo- 
Samuel  M.  Burnside,  John  Coe,  Otis  Corbett, 
Ichabod  Washburn,  Stephen  Salisbury,  Frederick 
W.  Paine,  Thomas  Kinnicut,  George  T.  Rice  and 
Levi  A.  Dowley,  their  associates,  successors  and  as- 
signs, are  hereby  created  a  corporation,  by  the 
name  of  the  President,  Directors  and  Company  of 
the  Quinsigamond  Bank,  to  be  established  in 
Worcester,  and  shall  so  continue  until  the  first  day 
of  October,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  fifty-one,  and  shall  be  entitled 
to  all  the  powers  and  privileges,  and  subject  to  all 
the  duties,  liabilities  and  requirements  contained 
in  the  statutes  of  one  thousand  eight  hundred  and 
twenty-eight,  chapter  ninety-six,  in  the  statutes  of 
one  thousand  eight  hundred  and  thirty,  chapter 
fifty-eight,  and  in  the  second  section  of  "  an  act 
concerning  corporations,"  passed  March  eighth, 
one  thousand  eight  hundred  and  thirty-three. 


752  PEOPLE'S  BANK.  March  ^z5,  1833. 

When  and  where      Sec.  2.     Be  it  fufther  ciiacted,  That  the  stock  in 

stock  IS  trcLiisfcr" 

able.  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  perform- 
ance of  any  obligation  whatsoever,  until  two  years 
from  the  payment  of  the  first  instalment  into  said 
bank. 

Shares.  Sec.  3.  Bc  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  in- 
stalments, and  at  such  times,  as  the  stockholders 
may  direct :  provided,  the  whole  be  paid  in  within 
one  year  from  the  passing  of  this  act. 

[Approved  by  the  Governor,  March  25,  1833.] 


CHAP.  CLXV. 

An  Act  to  establish  the  People's  Bank. 

Sec.  1.  I3E  «i  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
Persons  incorpo-  Jyy  tlic  authority  of  the  same.  That  Samuel  Guild, 
Samuel  J.  Gardner,  and  Elijah  Lewis,  their  associ- 
ates, successors  and  assigns,  are  hereby  created  a 
corporation,  by  the  name  of  the  President,  Direc- 
tors and  Company  of  the  People's  Bank,  to  be  es- 
tablished in  Roxbury,  and  shall  so  continue  until 
the  first  day  of  October,  in  the  year  of  our  Lord, 
one  thousand  eight  hundred  and  fifty-one,  and  shall 
be  entitled  to  all  the  powers  and  privileges,  and 
subject  to  all  the  liabilities  and  requirements  con- 


ASSESSORS.  March  25,  \S33.  753 

tained  in  the  statutes  of  one  thousand  eight  hun- 
dred and  twenty-eight,  chapter  ninety-six,  the  stat- 
utes of  one  thousand  eight  hundred  and  thirty, 
chapter  fifty-eight,  and  in  the  second  section  of 
"  an  act  concerning  corporations,"  passed  March 
eighth,  one  thousand  eight  hundred  and  thirty-three. 

Sec.  2.  Be  it  further  enacted,  That  the  stock  of  when  andwhere 
said  Bank,  shall  be  transferable  only  at  its  banking  aWe. 
house  and  in  its  books,  and  no  part  thereof  shall 
be  transferred,  by  way  of  security,  for  tlie  perform- 
ance 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  shares. 
stock  of  said  corporation  shall  consist  of  two  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  in  within  one 
year  from  the  passing  of  this  act. 

[Approved  by  the  Governor,  March  25,  1833.] 


CHAP.   CLXVI. 

An  Act  in  addition  to  "An  Act  for  the  Choice  and 
Appointment  of  Assessors,  and  for  assigning  their 
Powers  and  Authority." 

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


754  HANCOCK  BANK.  March  25,  1833. 

Assessors  not      towHS  and  distHcts    shall  not  hereafter  be  made  re- 

responsible  for 

school  tax.  sponsible  for  the  assessment  oi  any  tax  upon  the 
inhabitants  of  a  school  district,  when  the  clerk  of 
such  school  district  shall  have  certified  to  said  as- 
sessors, that  such  tax  was  voted  to  be  raised,  at  a 
legal  meeting  of  the  inhabitants  of  such  school  dis- 
trict, but  the  liability,  if  any,  shall  rest  solely  vvith 
said  school  district,  and  the  assessors  shall  be  re- 
sponsible only  for  their   own  integrity  and   fidelity. 

[Approved  by  the  Governor,  March  25,  1833.] 


CHAP.  CLXVII. 

An  Act  to  establish  the  Hancock  Bank. 

Sec.  1 .  UE  i7  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
Persons  iucorpo-  btf  tlic  authority  oj  the  same,  That  John  Brown, 
Amos  Binney,  and  Daniel  D.  Brodhead,  their  asso- 
ciates, successors  and  assigns,  are  hereby  created  a 
corporation,  by  the  name  of  the  President,  Direc- 
tors and  Company  of  the  Hancock  Bank,  to  be  es- 
tablished in  Boston,  and  shall  so  continue  until  the 
first  day  of  October,  in  the  year  of  our  Lord,  one 
thousand  eight  hundred  and  fifty-one,  and  shall  bo 
entitled  to  all  the  powers  and  privileges,  and  subject 
to  all  the  duties,  liabilities  and  requirements,  con- 
tained in  the  statutes  of  one  thousand  eight  hun- 
dred and  twenty-eight,  chapter  ninety-six,  the  stat- 
utes of  one  thousand  eight  hundred  and  thirty, 
chapter   fifty-eight,   and    in   the   second    section   of 


N AUMKEAG  WHF.  &  W.  F.  CO.  March  25, 1 833.  755 

"  an  act  concerning  corporations,"  passed  March 
eighth,  one  thousand  eight  hundred  and  thirty-three. 

Sec.  2.     Be  it  further  enacted,  That  the  stock  Transferor 

•^  ^  stock. 

of  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  two 
years  from  the  payment  of  the  first  instalment  into 
said  Bank. 

Sec.  3.  Be  it  further  enacted,  That  the  cap-  shares. 
ital  stock  of  said  corporation  shall  consist  of  five 
hundred  thousand  dollars,  to  be  divided  into  shares 
of  one  hundred  dollars  each,  to  be  paid  in  such  in- 
stalments, and  at  such  times,  as  the  stockholders 
may  direct :  provided,  the  whole  be  paid  in  with- 
in one  year  from  the  passing  of  this  act. 

[Approved  by  the  Governor,  March  25,  1833.] 


CHAP.  CLXVIII. 

An   Act   to   incorporate  the   Naumkeag  Wharf  and 
Whale  Fishery  Company. 

Sec.  1.  i3K  it  enacted  by  the  Senate  and  Hoiise 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same,  That  David  Pingree,  Persons  mcorpo- 
Joel  Bowker,  Elisha  Mack,  Laikin  Thorndike,  and 
John  Read,  their  associates,  successors  and  assigns, 
are  hereby  constituted  a  corporation,  by  the  name  of 
the  Naumkeag  Wharf,  and  Whale  Fishery  Company, 
to  be  established  in  the  town  of  Salem,  with  all  the 
96 


766  NAUMKEAG  WHF.  &  W.  F.  CO.  March  25, 1833. 

powers  and  requirements  contained  in  "  an  act  con- 
cerning corporations,"  passed  March  eighth,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and 
thirty  three. 

Real  estate.  Sec.  2.     Be  it  further  enacted,  That  said  corpo- 

ration may  hold  and  possess  all,  or  any  part  of  that 
real  estate  in  said  Salem,  bounded  northerly  on 
Bridge  Street,  easterly  on  the  flats  at  low  water, 
southerly  on  Collins'  Cove,  and  westerly  on  land  of 
William  B.  Parker  and  others,  and  all  rights,  ease- 
ments, privileges  and  appurtenances  thereto  belong- 
ing, including  a  wharf  and  warehouse  thereon  :  pro- 
vided, that  the  lawful  owners  of  said  property  shall 
legally  convey  the  same  to  said  corporation,  and 
said  corporation  may  extend,  build  and  maintain  a 
wharf  or  wharves  from  said  estate,  across  the  flats, 
to  a  point  or  points  below  low  water,  suitable  for 
the  approach  of  whale  ships,  and  other  vessels  fully 
laden,  and  may  receive  dockage  and  wharfage  for 
all  vessels  laid  at  their  wharves,  and  said  corpora- 
tion may,  conformably  to  the  provisions  of  their  by- 
laws, make  conveyances  of  their  corporate  property, 
and  may  lease,  manage  and  improve  the  same  :  pro- 
vided, that  no  wharf,  or  other  structure,  shall  be 
built  into  the  channel,  excepting  on  piles,  nor  shall 
the  rights  or  property  of  the  owner  or  owners  of 
any  adjoining  wharf  or  wharves  be  hereby  lessened 
or  injured. 

Numberof  ^^^-  ^-  Bc  it  furthcr  cuacted  That  the    number 

of  shares  in  the  property  of  said  corporation  shall 
not  exceed  one  thousand,  and  the  assessments  shall 
not  exceed  one  hundred  dollars  upon  each  share,  for 
the  purposes  contemplated  by  this  act,  and  in  case 
any  proprietor  shall  not  pay  any  assessment,  said 
corporation  may  cause  such   shares  of  such  proprie- 


shares. 


NAUMKEAG  WHF.  &  W.  F.  CO.  March25,  1833.  757 

tors,  as  may  be  sufficient  to  be  sold  at  public  auc- 
tion, after  thirty  days  notice  in  one  or  more  news- 
papers in  said  Salem,  and  the  surplus  over  assess- 
ments and  charges  of  sale  shall  be  paid  over  to  such 
proprietor,  and  the  purchaser  shall  be  entitled  to  a 
certificate  of  the  share  or  shares  so  sold. 

Sec.  4.  Be  it  further  enacted^  That  each  share  Votes. 
in  said  corporation  shall  entitle  the  proprietor  to 
one  vote,  but  no  proprietor  shall  have  more  votes 
than  one  fourth  of  the  whole  number,  and  all  assess- 
ments upon  the  shares  shall  be  agreed  to  by  two 
thirds  at  least  in  number  of  votes  of  proprietors  pre- 
sent, or  represented  in  writing,  at  any  meeting,  pub- 
lic notice  thereof  in  one  or  more  newspapers,  printed 
in  Salem,  being  given  at  least  ten  days  previously. 

Sec.  5.  Be  it  further  enacted,  That   said  corpo-  May  manufac- 
ration  may   engage  in   the  manufacture   of  sperm  dies,&c™  '^^' 
candles,  and  in   any   other   manufacture  connected 
with   a  whale  fishery   establishment,   and  for  such  For  such  pur- 
purposes  may  increase  the   number  of  their   shares  crease  number 
to  not  more  than  five   thousand   in  all,  and  shall  act 
under  the  provisions  of  the  fifty-third  chapter  of  the 
statutes  of  one  thousand  eight  hundred  and  twenty- 
nine  ;  but  said  corporation  shall   not  have  power  to 
build,  own,  purchase,   charter  or   hire  any   ship   or 
other  vessel  ;  and  the  capital  stock  of  said   corpora-  capital  stock. 
tion,  for  all  purposes,  shall  consist  of  real  estate  not 
exceeding  one  hundred   thousand   dollars  in  value, 
and  of  personal  estate  not   exceeding   four  hundred 
thousand  dollars. 

[Approved  by  the  Governor,  March  25,  1833.] 


758  BOSTON  PHRENOL.  SOC       March  25,  1833. 


CHAP.  CLXIX. 

An  Act  to  incorporate  the  Boston  Phrenological  So- 
ciety. 

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

Persons  incorpo-  by  tltc  authorlty  of  the  same,  That  John  Pierpont, 
William  Ingalls,  Jonathan  Barker,  and  their  associ- 
ates, are  hereby  made  a  corporation,  by  the  name  of 
the  Boston  Phrenological  Society,  with  all  the 
powers  and  requirements  contained  in  "  an  act  con- 
cerning corporations,"  passed  March  8th,  1833,  for 
the  purpose  ofinvestigating  the  science  of  Phrenology, 
and  its  bearing  on  the  physical,  intellectual,  and 
moral  character  and  condition  of  man,  and  of  ren- 
dering it  available,  if  it  may  be,  to  the  improvement 
of  individuals  and  society. 

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

Real  estate.  shall  havc  power  to  hold  and  manage  for  the  pur- 
poses set  forth  in  the  first  section  of  this  act,  real 
estate  to  the  amount  often  thousand  dollars,  and  per- 
sonal estate  to  the  amount  of  ten  thousand  dollars. 

[Approved  by  the  Governor,  March  25,  1833.] 


TRUSTEE  PROCESS.  March  25,  1833.  759 

CHAP.  CLXX. 

An   Act   concerning  the   Salaries  of  Clerks  of  the 
Judicial  Courts. 

1>E  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same,  That,  whenever  the  cierks  to  retain 
fees  received  by  the  clerk  of  the  judicial  courts  for  excess  of  fees, 
any  county  in  this  Commonwealth  by  virtue  of  his 
office,  shall  exceed  the  amount  which  he  is  now  by 
law  authorized  to  retain,  such  clerk  is  hereby  au- 
thorized to  retain  to  his  own  use  one  half  of  such 
excess  in  addition  to  his  annual  salary. 

[Approved  by  the  Governor,  March  25,  !833.] 


CHAP.  CLXXI. 


An  Act  in  addition   to  the  several  Acts  concerning 
the  Trustee  Process. 

Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same.  That  any  party  who  S5e"e^Pro'Jes« 
may  by  law  be  authorized  to  sue  out  an  original 
writ,  returnable  to  the  supreme  judicial  court,  for 
the  recovery  of  any  sum  of  money,  shall  be  entitled 
to  the  benefit  of  the  provisions  contained  in  an  act, 


760  BOST.  MUSICAL  PROF.  SOC.  March  25,  1833. 

entitled,  "  an  act  to  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  in  the  several  acts 
in  addition  thereto ;  and  in  every  such  case  an  origi- 
nal writ  in  the  form  prescribed  by  the  act  aforesaid, 
may  be  issued  under  the  seal,  and  signed  by  the 
clerk  of  the  supreme  judicial  court. 

[Approved  by  the  Governor,  March  25,  1833.] 


CHAP.  CLXXII. 

An  Act  to  incorporate  the  Boston  Musical  Profes- 
sional Society. 

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

tZT'  '"''"^°"  by  the  authority  of  the  same,  That  Charles  Zeuner, 
Isaac  K.  Wise,  George  Kingsley,  William  Denton, 
and  George  Jones,  their  associates,  successors  and 
assigns,  are  hereby  created  a  corporation,  by  the 
name  of  the  Boston  Musical  Professional  Society, 
for  the  purpose  of  promoting  education  in  the 
science  and  practice  of  music,  and  of  holding  a 
fund  to  be  applied  to  the  assistance  of  disabled 
and  aged  members  of  the  society.     And  said  cor- 

May  hold  person-  poratioH  may  hold  personal  estate  not  exceeding 
in  value  twenty  thousand  dollars,  to  be  appropri- 
ated exclusively  to  the  purposes  aforesaid,  and  may 
have  the  powers,  and  shall  be  subject  to  the  re- 


JUDGES  &  REG.  OF  PROB.  March  25,  1333.  761 

quirements  contained  in  "  an  act  concerning  cor- 
porations," passed  March  eighth,  A.  D.  1833. 

[Approved  hy  the  Governor,  March  25,  1 833.] 


CHAP.  CLXXIII. 

An  Act  in  addition  to  An  Act  establishing  Salaries 
for  Judges  and  Registers  of  Probate. 

UE  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
bii  the  authority  of  the  same.  That   from  and   after  salaries  of  judges 

•^  ^      ^  ^  and   registers   of 

the  thirty-tirst  day  of  May  next,  the  jndgc  and  probate. 
register  of  probate  for  the  county  of  Worcester, 
shall  receive  for  their  respective  services,  the  fol- 
lowing annual  salaries,  to  wit :  the  judge  of  pro- 
bate for  said  county,  the  sum  of  seven  hundred 
dollars  ;  the  register  of  probate  for  said  county, 
the  sum  of  fourteen  hundred  dollars  ;  instead  of 
the  sums  mentioned  in  the  act  to  which  this  is  in 
addition,  passed  on  the  twentieth  day  of  February, 
in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  twenty-four. 

[Approved  by  the  Governor,  March  25,  1 833.] 


762  BRIGHTON  BANK.  March  25,  1833. 


CHAP.  CLXXIV, 

An  Act  to  extend  the  time  for  liquidating  the  con- 
cerns of  the  Brighton  Bank. 

Be  it  enacted  by  the  Senate  and  House 

of  Representatives  in  General  Court  assembled^  and 

Further  term  of  ^j,  fj^^  authority  of  the  Same,  That  in  addition  to  the 

one  year  allowed.      •/  if     J  ' 

time  allowed  by  the  statute  of  the  year  one  thou- 
sand eight  hundred  nineteen,  chapter  forty-three, 
the  president,  directors  and  company  of  the  Brigh- 
ton Bank  be  allowed  the  further  term  of  one  year 
to  settle  and  close  their  concerns,  in  the  manner 
prescribed  by  said  statute. 

[Approved  by  the  Governor,  March  25,  1833.] 


CHAP.  CLXXV. 

An  Act  in  addition   to  An   Act  to  incorporate  the 
Boston  Insurance  Company. 

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

of  Representatives  in  General  Court  assembled,  and 

May  au^cnt      ^y  ^/^^  authoritv  of  tkc  savie,  That  the  Boston  In- 

capital  stock.  «^  J     J  ' 

surance  Company  are  hereby  authorized  to  aug- 
ment their  capital  stock  to  any  amount  not  exceed- 
ing five  hundred  thousand  dollars,  the  additional 
stock  to  be  divided  into  shares  of  one  hundred  dol- 
lars each,  and  to  be  subscribed  under  the  direction 


CANAL,  R.  R.  &  TURN.  GO'S.  March  25, 1833.  763 

of  the  president  and  directors  for  the  time  being, 
when,  and  on  such  terms  and  conditions  as  they 
and  the  subscribers  may  agree :  provided,  that  no 
person  who  is  a  director,  shall,  while  in  the  exer- 
cise of  that  office,  subscribe  any  part  of  said  new 
stock. 

Sec  2.  Be  it  further  enacted,  That  the  addi-  Additional  stock. 
tional  stock  which  may  be  subscribed  as  aforesaid, 
shall  be  paid  in  and  invested  in  the  same  manner 
as  the  other  part  of  the  capital  is  required  to  be 
invested,  within  sixty  days  after  the  same  shall  be 
subscribed,  and  shall  be  subject  to  all  the  provisions 
of  the  laws  as  the  other  part  of  the  capital,  and 
entitled  to  all  the  privileges  to  which  it  is  entitled. 

[Approved  by  the  Governor,  March  25,  1833.] 


CHAP.  CLXXVI. 

An  Act  in  relation  to  petitions  for  acts  of  incorpo- 
ration for  Canal,  Rail  Road,  and  Turnpike  Com- 
panies. 

Me  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same,  That  all  petitions  for  p^^j^j^^^^  p^^.  ^^^^ 
acts  of  incorporation   of  any  canal,   rail   road,  or  ofcinal'l'&c!','^" 
turnpike  company,   shall   be  accompanied  with  a  t.uhTp°ZoTihe 
plan   or  a  series  of  plans  of  the   proposed  route,  proposed  route, 
made  by  a  skilful  engineer,  on  which  shall  be  delin- 
eated a  profile  of  the  land  proposed  to  be  taken, 
and  of  the  line  of  such  canal,  rail  road,  or  turnpike, 
together  with  all   the  embankments  and  cuttings. 
97 


764 


WHARF  IN  HOLMES'  HOLE.  March  26,  1833. 


Plans  to  be  de- 
posited in  the 
General  Court 
Library. 


And  said  plan  cr  plans  shall  be  drafted  on  a  hori- 
zontal scale  of  eighty  rods  to  an  inch,  and  on  a 
perpendicular  scale  of  fifty  feet  to  an  inch,  and 
shall  also  exhibit  the  true  and  magnetic  meridian. 
And  the  petitioners  shall  also  present  with  their 
petitions,  a  detailed  report,  made  by  the  same  en- 
gineer, of  the  character  of  the  soil,  of  the  manner 
in  which  it  is  proposed  to  construct  such  canal, 
rail  road,  or  turnpike,  with  a  particular  statement 
of  the  estinmted  expense  of  such  contemplated 
work.  And  all  such  plans  and  reports,  after  the 
petition  to  which  they  refer  shall  have  received 
legislative  action,  shall  be  deposited  and  retained 
in  the  library  of  the  general  court. 

[Approved  by  the  Governor,  March  25,  1833.] 


CHAP.  CLXXVH. 

An  Act  authorizing   Charles   Smith   to   construct  a 
Wharf  in  the  Harbor  of  Holmes  Hole. 


Charles  Smith 
authorized  to 
build  a  wharf. 


Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same,  That  Charles  Smith 
is  hereby  authorized  and  allowed  to  build  a  wharf 
in  the  haibor  of  Holmes's  Hole,  in  Dukes  County, 
commencing  at  the  foot  of  the  street  leading  to  the 
water,  between  the  land  of  Jonathan  Luce,  Jr.,  and 
that  of  the  hoirs  of  Silas  West,  in  a  parallel  line 
with  the  street,  extending  across  the  flats  to  where 
there  may  be  two  fathoms   of  water,  not  to  exceed 


TRESP.  ON  STATE  HOUSE.    March  26,  1833.  765 

twenty-five  rods  from  high  water  mark,  and  that  he 
be  allowed  all  the  privileges  heretofore  granted,  or 
that  may  hereafter  be  granted  to  proprietors  of 
wharves  in  said  harbor,  for  the  use,  occupation  and 
accommodation  of  said  wharf:  provided,  that  this  Proviso, 
grant  shall  in  no  wise  interfere  with  the  legal  rights 
of  any  other  person  or  persons. 

[Approved  by  the  Governor,  March  26,  1833.] 


CHAP.  CLXXVIII. 

An  Act  to  prevent  Trespasses  on   the  State  House, 
and  other  public  buildings. 

oE  it  enacted  by  the  Senate  and  House 
of  Representatives,  in  General  Court  assembled^  and 
bu  the  authority  of  the  same,  That  if  any  person  shall 

^^  "^    *^  _     .  .  ^  '16  for  injuring 

wilfully  deface,  mar  or  injure   the  walls,  wainscot-  state  House, &c. 

ting,  or  any  other  part  of  the  State    House,  or   any 

other  building  belonging  to  the  Commonwealth,  by 

cutting,  writing,  or  in  any  other  way,  said  person  so 

offending  shall  forfeit  and  pay,  for  each   offence,  a 

fine  of  not  less  than  four  dollars,  to  be  recovered  on 

complaint  made  before  any  court   competent   to  try 

the  same,  the  one  half  of  the  penalty  so  recovered 

to  enure  for  the  benefit  of  the   prosecutor,  and   the 

other  half  to  the  use  of  the  Commonwealth. 

[Approved  by  the  Governor,  March  26,  1833.] 


766  EDGARTOWN  WHARF.  March  26,  1833. 


CHAP.  CLXXIX. 

An  Act  confirming  the   location   of  a  Wharf  in  the 
Harbor  of  Edgartown. 

JBE  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
Charles  Smith  bij  the  authority  of  the  same,  That  Charles  Smith, 
and  John  Holmes,  are  hereby  authorized  to  continue 
and  maintain  a  wharf  situated  in  the  harbor  of  said 
Edgartown,  in  Dukes'  County,  and  adjoining  the 
land  of  the  said  Charles  Smith  and  John  Holmes, 
and  extending  into  the  channel  of  said  harbor,  and 
that  they  be  allowed  all  the  privileges  heretofore 
granted,  or  that  may  hereafter  be  granted  to  pro- 
prietors of  wharves  in  said  harbor,  for  the  use,  occu- 
pation and  accommodation  of  said  wharf :  provided, 
that  this  grant  shall  in  no  wise  interfere  with  the 
legal  rights  of  any  other  person  or  persons. 


and  John  Holmes 
authorized  to 
maintain  and 
continue  wharf, 
&c. 


[Approved  by  the   Governor,  March  26,   1833.] 


CHAP.  CLXXX. 


An   Act  to  incorporate   the  "  South  Boston  Wharf 
and  Dock  Company." 

Sec.    I.     JjE  it  enacted  by  the  Senate  and  House 

of  Representatives,  in  General  Court  assembled,  and 

Persons  incoipo- by  the  authority  of  the  same,  That   William   Ingalls, 


SOUTH  BOST.  DOCK.  CO.      March  26,  1833.  767 

Charles  Ewer,  and  Nahum  Capen,  their  associates, 
successors  and  assigns,  are  hereby  constituted  a 
corporation,  by  the  name  of  the  "  South  Boston  Wharf 
and  Dock  Company,"  to  be  established  in  the  city  of 
Boston,  with  all  the  powers  and  requirements  con- 
tained in  an  act  concerning  corporations,  passed 
March  eighth,  in  the  year  of  our  Lord  eighteen  hun- 
dred and  thirty-three. 

Sec.  2.    Be   it  further  enacted,  That  said  corpo-  May  hold  and 

,      ,  ,  .  , ,  /•       1  possess  certain 

ration  may  hold  and  possess  all,  or  any  part  of  that  real  estate. 
real  estate,  with  the  buildings  and  other  improve- 
ments thereon  standing,  lying  easterly  of  the  street 
which  is  a  continuation  of  Dorchester  Turnpike, 
and  extending  the  same  to  low  water  mark,  not 
exceeding  in  any  case  one  hundred  rods  from  the 
shore,  or  high  water  mark,  in  the  natural  state  of 
the  shore  of  South  Boston,  to,  and  including  land 
formerly  belonging  to  the  South  Boston  Crown 
Glass  Manufactory,  lying  on  the  north  side  of  Sec- 
ond Street,  in  South  Boston,  or  to  any  intermediate 
point  between  the  easterly  line  of  the  street  which 
is  a  continuation  of  Dorchester  Turnpike,  and  said 
land,  and  may  receive  dockage  and  wharfage  for  all 
vessels  laid  at  their  wharves  ;  and  said  corporation 
may,  conformably  to  the  provisions  of  their  by-laws, 
make  conveyances  of  their  corporate  property,  and 
may  lease,  manage  and  improve  the  same.  Provid- 
ed, that  said  corporation  shall  legally  acquire  the 
same  from  the  lawful  proprietors  thereof,  and  the 
rights,  privileges,  and  the  property  of  the  owner  or 
owners  of  any  adjoining  wharf  or  wharves,  be  not 
lessened  or  injured  thereby. 

Sec.  3.     Be  it  further  enacted,  That  the  number  ^''^''^^ 
of  shares  in  the    property  of  said   corporation   shall 
not  exceed  one  thousand,  and  the   assessments  shall 


768  SOUTH  BOST.  DOCK  CO.      March  26,  1833. 

not  exceed  two  hundred  dollars  upon  each  share, 
for  the  purposes  contemplated  by  this  act  ;  and  in 
case  an}'  proprietor  shall  not  pay  any  assessment, 
said  corporation  may  cause  the  share  or  shares  of 
such  proprietor  to  be  sold  at  public  auction,  after 
thirty  days  notice  in  one  or  more  newspapers  in  said 
Boston,  and  the  surplus,  if  any,  over  assessments 
and  charges  of  sale,  shall  be  paid  over  to  such  pro- 
prietor, and  the  purchaser  shall  be  entitled  to  a  cer- 
tificate of  the  share  or  shares  so  sold. 
Each  share  enti-      Sec.  4.  Bc  it  furihev  enucted,  That  each  share  in 

ties  the  proprie-  .  ,  •  in  •   i         i 

tor  to  one  vote,  said  corporation  shall  entitle  the  proprietor  to  one 
vote,  but  no  proprietor  shall  have  more  votes  than 
one  fourth  of  the  whole  number  of  shares.  And  all 
assessments  upon  the  shares  shall  be  agreed  to  by 
two  thirds,  at  least,  in  number  of  votes  of  proprie- 
tors present  or  represented  in  writing  at  any  meet- 
ing,— public  notice  thereof  in  one  or  more  newspa- 
pers printed  in  said  Boston,  being  first  given  at 
least  ten  days  previously  :  provided,  that  nothing  in 
this  act  shall  interfere  with  the  legal  rights  of  any 
other  person  or  persons. 

[Approved  by  the  Governor,  March  26,  1833.] 


BASS  RIV.  BRIDGE.  March  26,  1333.  769 


CHAP.  CLXXXI. 

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

Sec.  1.  j3E  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same,  That  from  and  after  Proprietors  of 

•^  .  .  B=*s*  River 

the  passing:  of  this  act,   the  proprietors  of  the  Bass  Bridge  auUior- 

1  "  ^        ^  ized  to  cliscon- 

River  Bridge,  in  the  county  of  Barnstable,  are  hereby  tinue  bridge. 
authorized  to  discontinue  said  bridge  as  a  passway, 
and  the  said  proprietors  are  hereby  empowered  to 
take  up  the  materials  of  said  bridge,  and  also  to 
sell  and  dispose  of,  at  public  or  private  sale,  all  the 
materials  of  said  bridge,  and  every  other  kind  of 
property  whatever  belonging  to  said  proprietors  in 
their  corporate  capacity,  and  to  divide  the  net  pro- 
ceeds of  such  sale  among  the  respective  stockhold- 
ers according  to  their  respective  shares  :  provided 
however,  that  said  bridge  shall  not  be  removed  until 
the  towns  of  Yarmouth  and  Dennis  shall,  at  town 
meetings,  legally  warned  and  held  for  that  purpose, 
by  their  vote  consent  to  such  removal. 

Sec.  2.     Be  it  further  enacted.  That  all  acts,  in-  Ans  inconsistent 

\  with  this  re- 

compntible  with  this  act,  are  hereby  repealed.  peaied. 

[Approved  by  the  Governor,  March  26,   1833.] 


770  BASS  RIVER  UPPER  BRIDGE.  March  26,  1 833. 


CHAP.  CLXXXIl. 

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

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

Mted!"^  '"*^"'"P°"  by  the  authority  of  the  same,  That  Samuel  Nicker- 
son,  Eleazer  Nickerson,  Neheniiah  Baker,  Samuel 
Rogers,  and  Miller  W.  Nickerson,  and  their  asso- 
ciates, successors  and  assigns,  are  hereby  consti- 
tuted a  corporation,  by  the  name  of  the  Proprietors 
of  the  Bass  River  Upper  Bridge. 

May  construct  a      gj^c.  2.     Bc  it  fiirtlwr  euactcd.  That  said  cor- 

bridge  across  'J  ' 

Bass  river.  poratiott  are  hereby  authorized  to  construct  and 
erect  a  bridge  across  Bass  river,  from  the  town 
landing,  so  called,  in  Dennis,  to  land  of  Cornelius 
Baker,  in  Yarmouth,  which  bridge  shall  be  built 
within  twenty  rods  of  high  bank,  so  called  ;  and 
said  corporation  shall  conform  to  the  provisions  and 
restrictions  following,  to  wit :  that  said  bridge  shall 
be  built  on  piles,  excepting  suitable  abutments  at 
the  ends  thereof,  and  that  said  corporation  shall, 
at  their  own  expense,  purchase,  fence,  make  and 
keep  in  repair  an  open  road  from  the  end  of  said 
bridge,  in  Yarmouth,  to  a  road  or  public  highway 
in  Yarmouth,  near  the  house  of  Peregrine  White, 
and  the  said  town  of  Yarmouth  shall  be  free  from 
all  expenses  arising  from  said  bridge,  and  from  that 
part  of  said  road. 

J^^![J?y°  I'e  well      3ec.  3.     Be  it  further  enacted.    That   the   said 
bridge  shall  be  well   built,   of  good  and  sufficient 


BASS  RIVER  UPPER  BRIDGE.  March26,  1833.  771 

materials,  shall  be  twenty  feet  wide,  shall  have  suf- 
ficient rails  on  each  side  for  the  protection  of  trav- 
ellers, and  shall  be  at  all  times  kept  in  good  repair ; 
and  said  proprietors,  at  the  place  or  places  where 
the  toll  shall  be  received,  shall  erect  and  keep  con- 
stantly exposed  to  view,  a  sign  or  board,  with  the 
rates  of  toll  of  all  tollable  articles  fairly  and  legibly 
written  thereon  ;  and  all  persons,  with  their  car- 
riages and  horses,  passing  to  or  from  their  usual 
places  of  public  worship,  and  all  persons  going  to 
or  returning  from  military  duty,  and  all  persons 
passing  to  or  from  funerals,  are  hereby  exempted 
from  paying  any  toll  required  by  this  act. 

Sec.  4.  Be  it  further  enacted,  That  for  reim-  ToUs. 
bursing  said  proprietors  for  the  money  expended  in 
building  and  supporting  said  bridge,  a  toll  is  hereby 
granted  and  established  for  the  sole  benefit  of  said 
proprietors,  according  to  the  rates  following,  to  wit : 
for  each  foot  passenger,  two  cents ;  for  each  horse 
and  rider,  six  cents  ;  for  each  horse  and  chaise, 
chair,  or  sulky,  twelve  cents ;  for  each  horse  and 
wagon,  or  sleigh,  eight  cents ;  for  each  coach, 
chariot,  or  phaeton,  or  other  carriage  with  four 
wheels,  twenty  cents  ;  for  each  cart,  sled,  or  other 
carriage  of  burden,  drawn  by  one  beast,  six  cents, 
if  drawn  by  two  beasts,  eight  cents,  and  if  drawn 
by  more  than  two  beasts,  twelve  cents  ;  for  each 
horse  without  a  rider,  and  neat  cattle,  two  cents 
each  ;  for  sheep  or  swine,  six  cents  by  the  dozen, 
and  in  proportion  for  a  less  number ;  and  for  each 
handcart  or  wheelbarrow,  three  cents ;  and  only 
one  person  shall  be  allowed  for  each  team,  to  pass 
free  of  toll.  And  at  all  times  when  the  toll  gath- 
erer is  not  attending  to  his  duty,  the  gate  or  gates 
shall  be  left  open  ;  and  the  taking  of  toll  shall  com- 
98 


772  BELVIDERE  FEMALE  SEM.  March  26,  1833. 

inence  on   the  day  of  opening  said  bridge  for  pas- 
sengers,  and  shall  continue   for  the  benefit  of  said 
corporation,  during  the  term  of  seventy  years  there_ 
Proviso.  after  :  provided,   that  at  all  times   hereafter,    the 

rale  of  toll  shall  be  subject  to  the  regulations  of  the 
Legislature;  and  also,  that  if  the  proprietors  of  the 
said  bridge  shall  neglect  to  build  and  complete  the 
said  bridge  within  five  years  from  the  passing  of 
this  act,  then  the  same  shall  be  void. 

[Approved  by  the  Governor,  March  26,  1833.] 


CHAP.  CLXXXIU. 

An  Act  to  incorporate  the  Bclvidere  Female  Sem- 
inary. 

13  E  it  enacted  by  the  Seriate  and  House 
of  Representatives  in  General  Court  assembled,  and 

Persons  incorpo-  J)y  thc  authority  of  the  same,  That  John  Nesmith,  Al- 
pheus  Smith,  Aaron  Mansur,  their  associates  and  suc- 
cessors, are  hereby  incorporated  by  the  name  of  the 
"  Belvidere  Female  Seminary,"  to  be  established  in 
Tewksbury,  in  the  county  of  Middlesex,  with  the 
powers,  and  subject  to  the  requirements  contained 
in  "an  act  concerning  corporations,"  passed  March 
eighth,   one   thousand   eight  hundred    and    thirty- 

Reai  and  person-  three  ,*  and  also  with  power  to  hold   real  and  per- 

al  estate.  '   _  ,  ' 

sonal  estate,  not  exceeding  in  value  the  sum  often 
thousand  dollars,  to  be  devoted  exclusively  to  the 
purposes  of  education. 

[Approved  by  the  Governor,  March  26,  1 833.] 


EDWARDS  CHURCH  SOC.      March  26,  1833.  773 


CHAP.  CLXXXIV. 

An  Act  to   incorporate  the  Edwards  Church  Soci- 
ety in  Northampton. 

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  Napier,  Persons  incorpo- 
Wilham  Clark,  and  Josiah  D.  Whitney,  their  asso- 
ciates and  successors,  are  hereby  incorporated  as  a 
religious  society,  in  the  town  of  Northampton,  by 
the  name  of  the  Edwards  Church  Society  in  North- 
ampton, with  all  the  powers,  privileges  and  immu- 
nities to  which  religious  societies  in  this  Common- 
wealth are  usually  entitled,  and  with  the  powers, 
and  subject  to  the  requirements  contained  in  "  an 
act  concerning  corporations,"  passed  March  eighth, 
one  thousand  eight  hundred  and  thirty-three. 

Sec.  2.  Be  it  further  enacted,  That  sa.\d  society  Real  and  person- 
shall  have  power  to  acquire,  liold  and  manage  any 
estate,  real  or  personal,  the  annual  income  of  which 
shall  not  exceed  in  value  the  sum  of  three  thousand 
dollars,  to  be  appropriated  exclusively  to  parochial 
purposes. 

Sec.  3.  Be  it  further  enacted,  That  said  society  Assessments. 
shall  have  power  to  assess  upon  the  pews  in  their 
meeting  house,  such  sums  as  may  be  necessary  for 
the  support  of  public  worship,  and  other  necessary 
expenses,  and  the  mode  of  assessment,  and  of  en- 
forcing the  collection  thereof,  shall  be  the  same  as 
provided  in  the  statute  of  one  thousand  eight  hun- 
dred and  eighteen,  chapter  one  hundred  and  eighty- 
nine. 

[Approved  by  the  Governor,  March  26,  1833.] 


774  STREETS  IN  BOSTON.  March  26,  1833- 


CHAP.  CLXXXV. 

An  Act  authorizing  the  Mayor  and  Aldermen  of  the 
city  of  Boston  to  lay  out  certain  Streets. 

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

of  Representatives  in  General  Court  assembled,  and 

Mayor  and  alder-  J)y  (fie  authoritu  of  the  saMC,  That  the  mayor  and 

men     authorized      ./  ^     ./  ^ 

to  lay  out  new  aldemicn  of  the  city  of  Boston,  are  hereby  author- 
streets.  •^  ... 

ized  to  lay  out  a  new  street,   in  continuation  of 

Broad  street,  beginning  at  or  near  the  present  east- 
erly end  of  said  Broad  street,  and  thence  running 
partly  over  the  margin  of  Fort  Hill,  and  over  other 
land  near  the  harbor  of  Boston,  to  a  point,  at  or 
near  the  place  where  Summer  street  meets  Sea 
street ;  and  also  to  lay  out  a  new  street  extending 
from  the  present  termination  of  Commercial  street, 
near  Lewis's  wharf,  so  called,  to  the  marine  railway 
on  Ann  street.  And  the  said  streets  shall  be  laid 
out  respectively,  of  such  widths,  in  such  directions, 
and  through  and  over  such  docks,  now  used  for  the 
purposes  of  navigation,  as  the  public  safety  or  con- 
venience of  the  inhabitants  of  said  city,  shall,  in 
the  opinion  of  said  mayor  and  aldermen,  require. 
Compensation         Sec.  2.     Be  it  further  enacted,  That  the  owner 

for  damages.  ,      •  i  i  •  i         r  i 

or  owners  oi  any  buildmg,  whari,  or  other  erection, 
which  may  be  removed,  and  of  any  land  which 
may  be  taken  for  the  said  streets,  when  the  same 
cannot  be  obtained  by  voluntary  agreement,  shall 
be  entitled  to  receive  compensation  for  the  dam- 
ages, if  any,  which  he  or  they  may  sustain  by  such 
removal  or  taking  ;  which  damages  shall  be  ascer- 


EAST  BOST.  WHARF  CO.         March  26,  1833.  775 

tained,  determined  and  recovered,  in  the  way  and 
manner  now  provided  in  the  act  entitled  "  an  act 
directing  the  method  of  laying  out  highways." 

[Approved  by  the  Governor,  March  26,  1833.] 


CHAP.  CLXXXVI. 

An  Act  to  incorporate  the  East  Boston  Wharf  Com- 
pany. 

Sec.  1.  Ue  z7  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled^  and 
by  the  authority  of  the  same,  That  Am  mi  C.  Lom-  ^l'^^""^  incorpo- 
bard,  Samuel  S.  Lewis,  Robert  G.  Shaw,  Daniel 
D.  Brodhead,  their  associates,  successors  and  as- 
signs, are  hereby  created  a  corporation  by  the  name 
of  the  East  Boston  Wharf  Company,  with  all  the 
powers  and  requirements  contained  in  "  an  act  con- 
cerning corporations,"  passed  March  eighth,  one 
thousand  eight  hundred  and  thirty  three. 

Sec.  2.  Be  it  further  enacted,  That  said  corpo-  ^^^y  ^"^'^  ^"^ 

J  ^  r         possess  certain 

ration  may  hold  and  possess  all  or  any  part  of  that  ^^^^  ^^^*'^- 
real  estate  on  Noddle's  Island  in  the  city  of  Boston, 
called  Smith's  hill,  bounded  easterly  by  the  wester- 
ly side  of  a  proposed  highway  near  high  water  mark, 
measuring  eight  hundred  and  fifty  feet  on  said  high- 
way ;  southerly  by  a  line  running  w^esterly  through 
the  southerly  corner  of  the  old  wharf,  so  called,  at 
right  angles  with  said  highway  to  the  harbor  chan- 
nel, northerly  by  a  line  parallel  with  the  last  de- 
scribed line,  distant  eight  hundred  and  fifty  feet,  nor- 


776  EAST  BOST.  WHARF  CO.       March26,  1833. 

theily  therefrom,  and  running  to  said  channel,  and 
westerly  by  said  channel,  and  all  rights,  easements, 
privileges  and  appurtenances  thereto  belonging : 
provided,  that  the  lawful  owners  of  said  property 
shall  legally  cocvey  the  same  to  said  corporation, 
and  said  corporation  may  build  and  maintain  a 
wharf  or  wharves,  and  lay  vessels  thereat,  and  con- 
formably to  their  by-laws,  may  make  conveyances 
of  their  corporate  property,  and  may  lease,  manage 
and  improve  the  same. 

sh^es^  °  Sec.    3.    Be  it  further   enacted,  That  said  cor- 

poration may  agree  upon  the  number  of  shares  of 
their  corporate  property,  not  exceeding  in  all  five 
thousand,  and  the  assessments  shall  not  exceed  one 
hundred  dollars  upon  each  share  for  the  purposes 
contemplated  in  this  act.  And  in  case  any  propri- 
etor shall  not  pay  any  assessment,  said  corporation 
may  cause  such  of  his  shares  as  may  be  sufficient, 
to  be  sold  at  public  auction,  after  thirty  days  notice 
in  one  or  more  newspapers  printed  in  Boston,  and 
the  surplus  over  assessments  and  charges  of  sale 
shall  be  paid  over  to  such  proprietor,  and  the  pur- 
chaser shall  be  entitled  to  a  certificate  of  the  share 
or  shares  so  sold. 

Suifp'^prie-'  Sec.  4.  Be  it  further  enacted,  That  each  share 
in  said  corporation  shall  entitle  the  proprietor  to  one 
vote ;  but  no  proprietor  shall  have  more  votes  than 
one  fourth  of  the  whole  number.  And  all  assess- 
ments upon  the  shares  shall  be  agreed  upon  by  two 
thirds  at  least  in  number  of  votes  of  proprietors  pre- 
sent or  represented  in  writing  at  any  meeting,  pub- 
lic notice  thereof  in  one  or  more  newspapers  print- 
ed in  Boston,  being  first  given  at  least  ten  days  pre- 
viously. 

[Approved  by  the  Governor,  March  26,  1833.] 


tor  to  one  vote. 


RAIL  ROAD  CORPORATIONS.  March  26, 1833.  777 


CHAP.   CLXXXVII. 

An  Act  for  defining  the   rights  and   duties   of  Rail 
Road  Corporations,   in  certain  cases. 

Sec.  1.    13E  it  enacted  bij  the  Senate  and  House 
of  Representatives  in  General   Court  assembled,  and 
by  the  authority  of  the  same,  That  in  case  any  rail  in  case  of  disa- 
road  corporation  which   has  been  or  may  be  estab-  fw^^roVk^d, 
lished,  shall  not  be   able  to  obtain  the  land  or  other  sioS  to*^°e'^tT-'*' 
property   which  they  have   taken   or   may   take   for  °'^'^  images. 
their  road,  or  for  the  proper  construction  and  secu- 
rity thereof,  by  voluntary  agreement  with  the  own- 
er 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  coun- 
ty where  the  said  land  or  other  property  is   situate, 
to  estimate  the  damages   occasioned   by  takino;  the 
same  ;    upon   the   making  of  which   application,  it 
shall  be  the  duty  of  said  corporation,  if  recpnred  by 
the  owner  or  owners  of  such  land  or  other  property, 
to  give  security  for    the   payment  of  said   damages 
with   costs,   in    the   manner     hereinafter    provided. 
And  in  case  either  party  is  dissatisfied  with  the  es-  May  apply  for  a 

,       ,  .J  .      .  ,  ,  jurv,  in  case   of 

timate  made  by  said  commissioners,  he  or  thev  mav  dissatisfaction. 
apply  for  a  jury  upon  this  subject  at  the  next  regu- 
lar meeting  of  the  said  commissioners,  after  the 
completion  and  return  of  such  estimate.  And  no 
application  to  said  commissioners  to  estimate  said 
damages  shall  be  sustained,  unless  made  within 
three  years   from  the  time  of  taking   said   land  or 


778  RAIL  ROAD  CORPORATIONS.  March  26, 1 833. 

other  property,  or  where  it  has  been  aheady  taken, 
within  one  year  from  the  time  of  passing  this  act. 
Owners  of  land  ^^c.  2.  Bc  it  further  enacted,  That  after  any 
scriptS^ 'Ifec.'^^  ^^il  ro^d  corporation  has  taken  any  lands  or  other 
property  for  their  rail  road,  or  for  the  proper  con- 
struction and  security  thereof,  as  allowed  by  their 
charter,  the  owner  or  owners  of  any  such  lands  or 
other  property  may  at  any  time  within  three  years 
from  the  time  of  taking  the  same,  or  where  it  has 
been  already  taken,  within  one  year  from  the  time 
of  passing  this  act,  demand  in  writing  of  the  trea- 
surer or  principal  agent  of  said  rail  road  corpora- 
tion, a  description  or  plan  of  the  land  or  other  pro- 
perty so  taken.  And  it  shall  be  the  duty  of  said 
corporation,  within  thirty  days  from  the  time  of 
such  demand,  to  deliver  to  said  owner  or  owners 
such  description  or  plan  in  writing ;  in  default  of 
which,  all  the  right  of  said  corporation  to  enter  upon 
or  use  said  land  or  other  property,  except  for  mak- 
ing surveys,  shall  be  suspended  and  stayed,  until 
they  have  delivered  to  said  owner  or  owners,  such 
description  or  plan. 
Rail  road  corpo-      §£0.  3.   Bs  U  furthcr  cTiacted,  That  in  case  the 

ration  to  give  se-  ^  ' 

caslT  '"  *'*^'^'^'"  owner  or  owners  of  any  land  or  other  property  taken 
as  aforesaid,  shall,  upon  the  application  being  made 
to  said  commissioners  by  said  owner  or  owners,  or 
by  said  rail  road  corporation,  for  an  estimate  of 
damages  as  aforesaid,  request  that  the  said  corpo- 
ration may  be  required  to  give  security  for  the 
payment  of  said  damages,  the  said  commissioners 
shall  thereupon  require  said  rail  road  corporation 
to  give  security  to  the  satisfaction  of  said  commis- 
sioners, in  such  sum,  and  in  such  manner  as  they 
may  think  proper,  for  the  payment  of  all  such 
damages  and   costs  as  shall   be   awarded  by  said 


RAIL  ROAD  CORPORAXrONS.  March2Q,  1833.  779 

commissioners  for  the  land  or  other  property  so 
taken.  And  on  the  refusal  or  failure  of  said  cor- 
poration to  give  such  security,  all  their  right  or 
authority  to  enter  upon  or  use  said  land  or  other 
property,  except  for  making  surveys,  shall  be  sus- 
pended and  stayed  until  they  shall  give  such  secu- 
rity. But  after  the  said  security  is  given,  they  may 
proceed  to  use  said  land  or  other  property  for  the 
purpose  for  which  it  was  taken. 

Sec.  4.  Be  it  further  enacted,    That    after  the  Rail  road  corpo- 
said  commissioners  shall  have  made  their  estimate  derTmSo?" 
as  aforesaid,   the  said   rail   road   corporation   may    ^''^®^- 
tender  to  said  owner  or  owners  of  land  or  other 
property   the  amount  of  damages  thus  estimated 
in  full  satisfaction  thereof.     And  if  the  said  owner 
or    owners    shall     refuse    to    receive     the     same 
with    costs    to    be    taxed    to    that    period,     and 
shall  apply  for  a  jury  as  aforesaid,  he  or  they  shall, 
in  case  they  fail  to  recover  a  greater  amount  upon 
a  final  hearing,  pay  all   his  or  their  own  costs  aris- 
ing after  such  tender. — And  in   case   the  said  cor- 
poration shall   apply  for  a  jury,    and   shall   by  the 
verdict  thereof,  fail   to  diminish  the   damages,  as 
estimated  by  said   commissioners,  said  corporation 
shall  pay  all  costs   made  by  such  applications,  and 
shall  also  pay  to  the  owner  or  owners  of  the  land 
so    estimated   his  or  their  costs,    to  be   taxed   as 
aforesaid. 

Sec.  5.  Be  it  further  enacted,  That  in  case  any  proprietors  to 
rail  road   corporation  which  has   been  or  may  be  what "aiSSns 
established  shall  raise  or  lower  any  turnpike,  high-  "reqSt 
way,  or  private  way  for  the  purpose  of  having  their  ''^''^'"^'^^ 
rail  road  pass  over   or  under  the   same,  it  shall  be 
the  duty  of  the  proprietors  of  such  turnpike,  or  the 
selectmen  of  the  town  where   the   portion  of  said 
99 


780  RAILROAD  CORPORATIONS.  March26,  1833. 

highway  or  private  way  so  crossed  by  said  rail  road 
is  situate,  to  state  in  writing  to  said  rail  road  cor- 
poration, or  their  agent,  within  thirty  days  from  the 
time  of  their  being  notified  by  said  corporation  that 
the  work  of  lowering  or  raising  the  premises  is 
completed,  what  alterations  or  amendments,  if  any, 
tfes'^Stiuot^^'^  they  require  to  have  made.  And  in  case  the  par- 
agree  that  such   ^j^g  q}^q]\  j^Qt  agrce  that  such  alterations  or  amend- 

alterations  or         <-•'«-"-'  "•  & 

^eS^^'^'co^-^  ments  are  necessary,  the  said  corporation,  as  well 
jrtoTomi^*^  as  the  said  proprietors  of  said   turnpike   or   said 
commissioners,    selectmen  may  apply  to  the  county  commissioners 
of  the  county  where  the  said  portion   of  turnpike, 
highway  or  private   way  is  situate,   at  their  next 
regular  meeting  after  the   expiration  of  said  thirty 
days,  to  determine  whether  any  and  what   altera- 
tion shall  be   made.     And  in  case  said  corporation 
shall  unnecessarily  and  unreasonably    neglect    to 
make  such  alteration   or  amendment  as   the  said 
commissioners  shall   determine   to    be   reasonable 
and  proper,  the  said  proprietors  or  selectmen  shall 
have  the  same  remedies  as  are   prescribed   in  the 
act  establishing  said  rail   road  corporation.     And 
no  action  shall  be   sustained  against  said  corpora-  ; 
tion  for  damages  by  the   owner  or   owners  of  any 
private  way,  by  reason  of  any  obstruction  thereto 
occasioned  by  said   rail   road's  crossing  the  same, 
unless  brought  within  one  year  from  the  time  said 
injury  is  occasioned. 
Alteration  of  the      Sec.  6.  Be  it  further  cnacted,  That  if  any    rail 
highway,  &c^    Toad  corporatiou,  which  has  been  or  may  be  estab- 
lished, shall  be  desirous  of  altering  the  course  of 
any  highway  where  it  is  crossed  by  their  rail  road, 
for  the  purpose  of  facilitating  the   crossing  of  the 
same,  they  may  alter  the  same  accordingly,  in  such 
manner  as  the  county  commissioners  of  the  county 


RAIL  ROAD  CORPORATIONS.  March26,  1833.  781 

where  such  way  is  situate  may  direct :  provided, 
the  said  commissioners,  after  due  notice  to  the  se- 
lectmen of  the  town  where  such  highway  is  situate, 
shall  be  of  opinion  that  such  alteration  will  not  es- 
sentially injure  said  highway.  And  in  case  any  Ran  road  corpo 
rail  road  corporation  shall,  before  commencing  the  piytoro^mmr 

1         r        •    •  1  •  •  1  1   •     1  sioners,  upon  the 

work  ot  raismg  or  lowermg  any  turnpike,  highway  subject  of  raising 

~  .  ,  .  or  lowering  high- 

or  private  way  as  atoresaid,  or  at  any  time  pre-  way,  &c. 
vious  to  completing  the  same,  be  desirous  of  ob- 
taining the  approbation  of  said  commissioners  in 
respect  to  the  mode  of  raising  or  lowering  the 
same,  the  said  corporation  may  apply  to  said  com- 
missioners upon  this  subject,  whose  duty  it  shall  be, 
after  due  notice  to  the  parties  interested,  to  direct 
the  mode  of  performing  said  work  ;  and  their  deci- 
sion shall  be  final. 

Sec.  7.  Be  it  further  enacted,  That  in  case  any  Authorized  to 
rail  road  corporation  shall  find  it  expedient,  after  t^oZof'rold^'^ 
taking  the  land  for  any  portion  of  their  rail  road, 
to  vary  the  direction  of  the  road  in  the  place  where 
such  land  is  situate,  they  are  hereby  authorized  so 
to  do  :  provided,  they  shall,  prior  to  the  time  re- 
quired by  law  for  completing  their  road,  file  the 
location  of  the  different  parts  of  the  road  where 
such  variations  are  made,  with  the  respective  coun- 
ty commissioners  of  the  counties  where  said  parts 
of  the  road  are  situate  :  and  provided  also,  that  the 
time  allowed  by  law  for  completing  the  whole  road 
shall  not  be  extended  in  consequence  of  such  vari- 
ations. And  any  such  corporation  shall  be  liable, 
as  well  to  the  owners  of  the  lands  first  taken,  as  to 
the  owners  of  those  taken  for  making  such  varia- 
tions, for  all  damages  occasioned  by  taking  the 
same.  And  the  said  owners  shall  have  the  same 
remedies  for  securing  and  recovering  payment   of 


782  RAIL  ROAD  CORPORATIONS.  March  26, 1833. 

said  damages,  as  are  provided  in  other  cases  under 
this  act. 
shaSs.^^°  Sec.  8.  Be  it  further  enacted,  That  the  shares  in 

the  capital  stock  in  any  rail  road  corporation  may 
be  transferred  by  conveyance  in  writing,  recorded 
either  by  the  treasurer  in  books  to  be  kept  in  his 
office,  or  by  an  officer  duly  authorized  for  that  pur- 
pose by  the  directors,  in  books  to  be  kept  at  such 
other  place  as  they  may  appoint.  And  no  convey- 
ance of  any  such  shares  shall  be  valid  to  hold  the 
same  against  the  legal  claims  of  any  other  person 
or  persons  than  the  grantor  or  grantors,  or  his  or 
their  executors  or  administrators,  unless  so  re- 
corded. And  on  the  making  of  such  transfer,  the 
certificate  of  the  shares  transferred  shall  be  deliv- 
ered up  and  cancelled.  And  it  shall  be  the  duty 
of  every  rail  road  corporation  to  cause  a  tran- 
script of  the  record  of  all  transfers,  not  originally 
recorded  on  the  books  kept  by  the  treasurer,  to  be 
entered  on  the  books  of  the  said  treasurer,  within 
ten  days  from  the  date  of  the  original  record. 
And  in  case  such  transcript  is  not  thus  entered,  the 
tranfer  shall  not  operate  to  the  prejudice  of  any 
intervening  claims. 
^AthTforiS^-*  Sec.  9.  Be  it  further  enacted,  That  all  acts  or 
refededr**"^  parts  of  acts  inconsistent  with  the  foregoing  provi- 
sions be,  and  the  same  hereby  are  repealed. 

[Approved  by  the  Governor,  March  26,  1833.] 


MALDEN  AG.  &  MEC.  ASS.      March  26,  1833.  783 


CHAP.  CLXXXVIII. 

An  Act  to  incorporate  the  Maiden  Agricultural  and 
Mechanics  Association. 

Be  it  enacted  hy  the  Senate  and  House 
of  Representatives  in  General  Court  assembled^  and 
hy  the  authority  of  the  same,  That  Charles  Lewis,  Persons  bcorpo- 
Timothy  Bailey,  Edward  Wade,  their  associates, 
and  those  who  may  become  associated  with  them, 
are  hereby  made  a  corporation  by  the  name  of  the 
Maiden  Agricultural  and  Mechanic  Association, 
for  the  purpose  of  encouraging  agriculture  and  the 
mechanic  arts,  by  granting  premiums  or  loans  of 
money,  and  of  relieving  the  distresses  of  unfortu- 
nate mechanics  and  their  families,  with  the  powers 
and  requirements  contained  in  "  an  act  concerning 
corporations,"  passed  March  eighth,  one  thousand 
eight  hundred  and  thirty-three;  and  said  corpora-  Real  and  person - 

°  ■'  ^  al  estate. 

tion  may  hold  real  estate  not  exceeding  five  thou- 
sand dollars  in  value,  and  the  annual  income  of  its 
personal  estate  shall  not  exceed  five  thousand  dol- 
lars. 

[Approved  by  the  Governor,  March  26,  1833.] 


784  COURTS  OF  PROBATE.  March  26,  1833. 


CHAP.  CLXXXIX. 

An  Act  to  adthorize  the  Courts  of  Probate  to  grant 
leave  to  claimants  upon  insolvent  estates  to  insti- 
tute suits  in  certain  cases. 

Sec.  1.  Be  i7  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same,  That,  in  all  cases  in 
which,  through  mistake,  accident,  or  unforeseen 
cause,  a  person  has  been,  or  hereafter  shall  be  pre- 
vented from  prosecuting  his  or  her  claim  to  the 
commissioners  of  insolvency  on  any  estate  duly 
represented  insolvent,  within  the  time  limited  by 
law  for  the  presentation  of  claims  against  such 
estate,  it  shall  be  lawful  for  the  judge  of  probate 
of  the  county  wherein  such  estate  is  under  admin- 
istration, upon  the  petition  of  such  person,  and  due 
notice  to  the  executor  or  administrator  on  said 
estate,  to  authorize  and  empower  the  said  executor 
or  administrator  to  pay  the  said  claim  ;  and  in  case 
of  the  neglect  or  refusal  of  said  executor  or  admin- 
istrator to  make  such  payment,  to  authorize  and 
empower  such  claimant  to  institute  a  suit  at  com- 
mon law  for  the  recovery  of  the  same,  which  suit 
shall  be  prosecuted  to  final  judgment,  in  the  same 
way  and  manner  as  if  the  said  estate  had  not  been 
represented  insolvent,  subject  however  to  the  re- 
strictions and  limitations  hereinafter  imposed. 

Sec.  2.  Be  it  further  enacted,  That  in  any  suit 
brought  by  virtue  of  the  provisions  of  this  act,  such 
executor   or   administrator   shall  be  permitted  to 


COURTS  OF  PROBATE.  March  26,  1833.  785 

prove,  under  the  general  issue,  that  he  has  fully 
administered  on  said  estate,  or  that  there  is  only 
sufficient  remaining  to  pay  the  said  claim  in  part, 
in  which  case,  such  judgment  shall  be  rendered  as 
is  according  to  the  rules  and  usages  of  the  common 
law  in  such  cases,  except  that  all  debts  shall  be 
taken  and  deemed  to  be  of  the  same  nature  and 
degree  ;  and  if  it  shall  be  necessary,  in  order  to 
ascertain  the  amount  of  the  property  so  remaining, 
that  the  same  should  be  sold,  it  shall  be  the  duty 
of  the  court,  before  whom  the  suit  is  pending,  to 
continue  the  same  until  such  sale  can  be  made. 

Sec.  3.     Be  it  further  enacted,    That  the   pro-  provisions  of  this 

.    .  -       ,  .  I      11  1  act,   how   far   to 

Visions  of  this  act  shall  not  extend  to  any  case  extend. 
where  such  estate  shall  prove  to  be  insolvent,  or 
where  the  petition  is  not  presented,  and  notice 
thereof,  given  as  aforesaid,  within  four  years  from 
the  granting  of  administration  on  said  estate  ;  and 
such  petition  and  notice  shall  be  taken  and  deemed 
to  be  the  commencement  of  a  suit,  within  the 
meaning  of  the  second  section  of  the  act  for  the 
limitation  of  suits  against  executors  and  adminis- 
trators, passed  the  fourteenth  day  of  February,  in 
the  year  of  our  Lord  one  thousand  seven  hundred 
and  ninety-two. 

[Approved  by  the  Governor,  March  26,  1833.] 


786  TAPLEY'S  WHARF.  March  26,  1833- 


CHAP.  CXC. 

An   Act  to  authorize  the   Proprietors   of  Tapley's 
Wharf  to  extend  the  same. 

Sec.  1.  HK  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
whLr^^^^'^  %  ^h^  authority  of  the  same,  That  the  proprietors 
of  the  wharf  in  the  town  of  Charlestown,  known  by 
the  name  of  Tapley's  Wharf,  are  hereby  empowered 
to  extend  said  wharf  into  the  channel,  to  a  line 
drawn  straight  from  the  present  south  westerly 
corner  of  the  navy  yard  wharf,  to  the  south  easterly 
corner  of  Gray's  wharf:  provided,  that  said  extend- 
ed wharf  be  built  upon  piles,  and  that  the  proprie- 
tors of  said  Tapley's  wharf  shall  have  the  right  and 
privilege  of  laying  vessels  at  the  sides  and  end  of 
their  said  wharf,  and  receiving  dockage  and  wharf- 
age therefor. 

Sec.  2.  Be  it  further  enacted,  That  nothing 
herein  contained  shall  be  construed  to  authorize 
the  proprietors  of  said  Tapley's  wharf  to  lessen  or 
injure  the  rights  or  property  of  the  owner  or  owners 
of  any  wharf  or  wharves  adjoining  the  said  Tapley's 
wharf. 

[Approved  by  the  Governor,  March  26,  1833.] 


LOW.  UNIVER.  M.  HOUSE.      March  26,  1833.  787 


CHAP.  CXCI. 

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

Sec.  L  dE  it  enacted  by  the  Senate  and  House 
of  Representatives,  in  General  Court  assembled^  and 
by  the  authority  of  the  same,  That  Eliphalet  Case,  Persons  mcorpo. 
Amos  Carleton,  Samuel  Willard,  and  others,  are 
hereby  incorporated  by  the  name  of  the  Proprietors 
of  the  First  Universalist  Meeting  House  in  Lowell, 
with  all  the  powers,  privileges  and  immunities  to 
which  religious  societies  are  usually  entitled,  and 
with  all  the  powers,  privileges  and  requirements 
contained  in  "  an  act  concerning  corporations," 
passed  March  eighth,  one  thousand  eight  hundred 
and  thirty-three  ;  and  also,  with  power  to  purchase  Real  and  person- 
and  hold  real  and  personal  estate,  not  exceeding 
ten  thousand  dollars,  exclusive  of  said  meeting 
house,  to  be  devoted  exclusively  to  religious  pur- 
poses. 

Sec.  2.  Be  it  further  enacted.  That  said  propri-  Assessments. 
etors  shall  have  full  power,  at  any  meeting  duly 
called  for  that  purpose,  to  make  assessments  upon 
the  pews  in  said  meeting  house,  for  the  mainte- 
nance of  public  worship,  and  all  other  necessary 
charges  and  expenses  attendant  upon  religious  in- 
struction ;  and  the  process  of  enforcing  the  pay- 
ment of  such  assessments  shall  be  the  same  as 
provided  by  the  statute  of  one  thousand  eight  hun- 
dred and  seventeen,  chapter  one  hundred  eighty- 
nine. 

100 


788  NEWBURYPORT  P.  COURT.  March  26,  1  833- 

Act  of  1828  re-      ggc.  3.     ^g  {^  further  enacted.   That  an  act  to 

pealed.  '^ 

incorporate  the  proprietors  of  the  First  Universalist 
Meeting  house  in  Lowell,  passed  the  twelfth  day 
of  June,  one  thousand  eight  hundred  and  twenty- 
eight,  is  hereby  repealed  :  provided  however,  that 
this  act  shall  not  take  effect  unless  adopted  unani- 
mously by  all  persons  legally  interested  in  said 
meeting  house. 

[Approved  by  the  Governor,  March  26,  1833.] 


CHAP.  CXCII. 

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

Sec.  1.  j3E  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
S>Sed°"ithin  %  ^^^  authority  of  the  same,  That  there  hereby  is 
of  NewburypoTt!  cstabHshed,  within  and  for  the  town  of  Newburyport, 
a  Police  Court,  to  consist  of  one  able,  learned,  and 
discreet  person,  to  be  appointed  and  commissioned 
pursuant  to  the  provisions  of  the  constitution,  to 
take  cognizance  of  all  crimes,  offences  and  misde- 
meanors committed  within  the  town  of  Newbury- 
port, whereof  justices  of  the  peace  may  take  cogni- 
zance by  law  ;  the  said  justice  to  hold  his  office  for 
the  same  time,  and  by  like  tenure  as  justices  of 
the  peace.  The  court  hereby  established  shall  hear 
and  determine  all  suits,  complaints,  and  prosecu- 
tions cognizable  by  it,  in  like  manner  as  is  provided 
by  law  for  the  exercise  of  the  powers  and  authority 
which  now  are,  or  may  hereafter  be,   vested  in  jus- 


NEWBURYPORT  P.  COURT.  March  26,1^3.  789 

tices  of  the  peace,  and  do  all  acts  necessary  to,  and 
consistent  with  such  powers  and  authority.  And 
said  court  shall  also  have  original  jurisdiction  of  all 
civil  suits  and  actions  of  which  justices  of  the  peace 
in  said  county  may  or  shall  have  cognizance,  in 
concurrence  with  said  justices,  and  original  and  ex- 
clusive jurisdiction  of  all  such  suits  and  actions 
where  the  plaintiff  and  defendant  reside  in  said 
town  of  Newburyport,  and  service  of  the  writ  is  had 
on  the  defendant  in  said  county  ;  and  no  justice  of 
the  peace  shall  have  cognizance  of  such  suits  and 
actions,  within  said  town.  And  an  appeal  shall  be 
allowed  from  all  orders,  decrees  and  judgments  in 
said  court,  in  like  manner,  and  to  the  same  extent, 
that  appeals  are  now  allowed  by  law  from  orders, 
decrees  and  judgments  of  justices  of  the  peace. 
And  the  justice  of  said  court  shall  not  be  of  counsel 
or  attorney  to  any  party  in  any  matter  or  thing 
whatsoever,  which  may  be  pending  in  said  court. 

Sec.  2.     Be   it  further  enacted,    That  all   writs  Writs  &c.  issued 

^  ,  by  said  court,  or 

and  warrants  issued  by  said  court,  or  by  any  justice  J^^Vce  of  peace, 

•'  '  J  J    J  shall  be  made  re- 

of  the  peace  within  said  town  of  Newburyport,  shall  turn^^^ie    before 

^  y  r         '  said  court. 

be  made  returnable  and  be  returned  before  said 
court ;  and  if  any  writ  or  warrant  shall  be  issued  by 
any  justice  of  the  peace,  returnable  before  said 
court,  the  lawful  fees  payable  therefor  shall  not  be 
paid  or  allowed  to  said  justice,  unless  it  shall  ap- 
pear, on  the  examination  or  hearing  before  said 
court,  that  there  was  reasonable  cause  for  his  issu- 
ing said  writ  or  warrant ;  in  which  case,  such  fees, 
costs  and  charges  shall  be  allowed  and  taxed  in  like 
manner  as  if  the  said  writ  or  warrant  had  been  is- 
sued by  said  justice  of  the  peace,  according  to  the 
laws  now  in  force. 


790  NEWBURYPORT  P.  COURT.  March  26,  \^SS, 

Justice  author-         §£€.    3.     Be  it  further  euacted,  That  said  justice 

ized    to    commit  . 

persons  to  work-  ^jg^  gj^^j  }^g  jg  hereby  authorized,  when  he  shall  deem 
it  advisable,  to  commit  all  persons  being  inhabitants 
of  said  town  of  Newburyport,  and  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  workhouse  in 
Newburyport,  instead  of  the  house  of  correction  as 
is  now  required,  and  for  the  same  time  that  they 
may  now  be  committed  to  the  house  of  correction ; 
to  be  kept  and  governed  in  said  workhouse,  accord- 
ing to  the  rules  and  regulations  which  are,  or  may 
be  established  for  the  government  of  said  house,  and 
at  the  expense  of  the  said  town  of  Newburyport. 
t^w'of  Newbu-  A"^  Jf  this  act  shall  be  adopted  by  the  town  of 
ry,  see  sec.  12.  JNfewbury,  in  the  manner  hereinafter  provided,  the 
said  court  shall  have  like  authority,  in  respect  of 
persons  convicted  as  aforesaid,  who  are  inhabitants 
of  Newbury,  for  their  commitment  to  the  workhouse 
of  said  town  of  Newbury. 
Sargean/pi'.  ^^^'  ^-  Be  U  further  enactcd,  That  it  shall  be 
^^l^'^^"!*''"''"*'  lawful  for  the  justice  of  said  court,  at  his  discretion, 

onment,  &c.  J  '  ' 

to  discharge  any  person  from  imprisonment  who 
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. 
Justice's  fees.  Sec.  3.     Be  it  further  eiiacted,  That  the  justice 

of  said  police  court  shall  be  entitled  to  demand  and 
retain  for  his  own  use,  out  of  all  monies  received  by 
him,  such  fees  as  by  law  might  be  demanded  and 
retained  in  the  like  case  by  a  justice  of  the  peace  : 
provided,  that  the  legislature  shall  have  power,  at  any 
time  hereafter,  to  make  other  anddifieuent  provision 
in  reference  to  the  compensation  of  said  justice. 


NEWBURYPORT.  P.  COURT.  March  26,  1833.  791 

Sec.  6.     Be  it  further  enacted.  That  all  costs  in  costs  in  criminal 

J  '  prosecutions  to 

criminal  prosecutions  before  said  court,  which  shall  J^^  PgrinTfJ  ^'^ 
be  received  by,  or  paid  into  the  hands  of  the  justice  ^^ ""^^c ®^  ^""^ 
thereof,  shall,  on  demand,  be  paid  over  to  the  per- 
sons 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  here- 
after 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.    7.     Be   it  further  enacted,    That  a   court  court,  when  to  be 

•^  _  holaen. 

shall  be  holden  by  said  justice,  on  Monday  of  each 
week,  at  ten  of  the  clock  in  the  forenoon,  and  as 
much  oftener  as  may  be  necessary,  to  take  cogni- 
zance of  crimes,  offences,  and  misdemeanors,  and 
for  the  trial  of  civil  suits  and  actions.  And  the  jus- 
tice of  said  court  shall,  from  time  to  time,  establish 
all  necessary  rules  for  the  orderly  and  uniform  con- 
ducting of  the  business  of  said  court. 

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

Sec.  9.     Be  it  further  enacted.  That  the  justice  Justi'-eto  keep  a 

•^  "^  record  of  all  pro- 

of said  court  shall  keep  a  full  and  fair  record  of  all  ceedings  in  said 

'■  court. 

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. 


792  NEWBURYPORT  P.  COURT.  March  26,  1833. 

IppoinrZTpl-  Sec.  10.  Be  it  further  enacted,  That  there  shall  be 
ciai  justices.  appointed  by  the  Governor,  by  and  with  the  advice  and 
consent  of  council,  two  special  justices  of  said  court ; 
and  whenever  it  shall  happen  that  the  justice  of 
said  court  shall  be  a  party,  or  interested  in  any  suit 
or  prosecution  cognizable  in  said  court,  or  be  kin  to 
either  party  therein,  or  shall  from  any  cause  be  una- 
ble to  attend  said  court,  or  hear  and  determine  any 
matter  or  thing  pending  therein,  the  cause  shall  be 
assigned  upon  the  record,  and  the  court  may  and 
shall  be  holden,  and  its  jurisdiction  exercised  by  one 
or  both  of  said  special  justices  ;  and  the  said  special 
justices  shall  be  paid  for  the  services  herein  requir- 
ed of  them,  out  of  the  monies  received  in  said 
court,  such  sum  as  the  justice  of  said  court  would 
be  entitled  to  receive  for  the  same  services. 
Act,  when  to  go      Sec.  11.   Be  it  furthcT  enacted,  That  this  act  shall 

into  operation.  ,  .  ^  ^        r  \  r  ^  r 

go  mto  operation  trom  and  alter  the  first  day  ol 
June  next,  unless  the  said  town  of  Newburyport 
shall,  at  a  legal  meeting  called  for  that  purpose,  re- 
fuse to  accept  the  same,  and  shall  signify  said  refu- 
sal to  the  Governor,  on  or  before  the  first  day  of 
May  next.  And  the  Governor  shall  have  power,  by 
and  with  the  advice  and  consent  of  Council,  to  ap- 
point said  justice  and  special  justices,  at  any  time 
after  the  said  first  day  of  May  next. 
Whenever  inha-      Seq.   12.  Bc  it  further  cuactcd,  That   whenever 

tants  of  the  town  ^ 

of  Newbury  siiai!  [[^q  inhabitants  of  the  town  of  Newbury  shall,   at  a 

express  their  de-  '' 

sire  to  be  annex- ] (3 oral  town   meeting   holdcu   for  that   purpose,  ex- 

ed  to  Newbury-        &  o  i         i 

port  both  towns  pregg  ihcir  desire  to   be   annexed   to  the   town  of 

shall  be  consider-   r 

Newburyport,  for  the  purposes  aforesaid,  and  shall 
signify  said  desire  to  the  Governor,  then  the  said 
towns  of  Newburyport  and  Newbury  shall  be  con- 
sidered as  forming  one  judicial  district  of  Newbu- 
ryport, and  all  the   provisions  of  this  act  shall  be 


shall  be  consider 
ed  as  forming  one 
judicial  district. 


ADMEAS.  OF  CHARCOAL.     March21,  1833.  793 

applied  to  the  town  of  Newbury  equally  with  the 
town  of  Newburyport. 

Sec.   13.  Be  it  further  enacted,  That  all  acts  and  Acts  inconsistent 

....     with    tlie    provi- 

parts  of  acts,  so  far  as  they  are  inconsistent  with  sions  of  this  act 

.    .  r      1  •  1  repealed. 

the   provisions  of  this  act,   be,   and  the  same  are 
hereby  repealed. 

[Approved  by  the  Governor,  March  26,  1833.] 


CHAP.  CXCIII. 


An  Act  regulating  the  Admeasurement  of  Charcoal. 

Sec.  1.  .oE  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same,  That,  from  and  after  charcoal  to  be 
the  first  day  of  June  next,  in  the  sale  of  charcoal,  it  Es"&l'" 
shall  be  lawful  to  measure  the  same  in  boxes  of  the 
following  capacities,  namely,  two  bushels,  five  bush- 
els, ten  bushels,  and  twenty  bushels,  said  boxes 
being  first  duly  sealed  ;  and  five  thousand  one  hun- 
dred and  twenty-eight  cubic  inches  shall  be  taken 
and  deemed  equal  to  two  bushels,  or  the  heaped 
basket  described  in  the  fifth  section  of  an  act  to 
prevent  fraud  in  fire-wood,  bark  and  charcoal,  ex- 
posed for  sale,  passed  March  seventh,  one  thousand 
seven  hundred  and  ninety-seven. 

Sec.  2.     Be  it  further  enacted,  That  everv  ner-  ^  . . 

*'  y     r  Forfeiture  in  case 

son   who   shall   measure   charcoal    offered   for  sale  o'°ffen<^e 
in  any   box   of  other    capacity,   or    not    sealed   as 
aforesaid,    shall  forfeit    and   pay    for    each    offence 
one  dollar  to  the  use  of  him    who  shall  sue   for  the 


794  PARTIES  IN  ACT.  AT  LAW.    March  27,  1833. 

same  :  and  all  laws  inconsistent  with   this   act  are 
hereby  repealed. 

[Approved  by  the  Governor,  March  27,  1833.] 


CHAP.  CXCIV. 


An  Act  concerning  Parties  in  Actions  at  Law. 

13  E  it  enacted  by  the  Senate  and  House 

of  Representatives  in  General  Court  assembled,  and 

piainiiffmay       bv   thc  authority  of  the  same,   That,   at   any    time 

amend  writ,  &c.   ,^.  •     •         ^  i  r  •     •      i  r 

before  issue  jomed,  on  a  plea  or  non-jomder  or  a 
party  as  defendant  in  any  action  founded  on  debt  or 
contract,  the  plaintiff  may,  on  motion,  on  such  terms 
as  the  court  shall  prescribe,  be  allowed  to  amend 
his  writ  and  declaration,  by  inserting  therein  the 
name  of  any  other  person  or  persons  as  defendant 
or  defendants,  and  a  new  writ  in  the  form  prescrib- 
ed by  law,  containing  the  amended  declaration,  or 
such  part  thereof  as  the  court  shall  direct,  shall  be 
issued  against  the  defendants  named  therein,  return- 
able at  such  time  as  the  court  before  which  the 
action  shall  be  pending  shall  direct,  not  less  than 
the  time  required  by  law  for  similar  process.  And 
the  clerk  of  the  court  or  justice  of  the  peace,  issu- 
ing the  same,  shall  certify  thereon  the  names  of  the 
defendants  upon  whom  service  has  not  been  made, 
and  service  shall  be  made  upon  such  defendants 
only,  and  within  the  time  required  by  law  for  simi- 
lar process.  And  when  such  amended  writ  shall  be 
returned  the  additional  parties  named  therein,  upon 


WINNISIMMET  BANK.  March  27,  \S3S,  795 

whom  service  has  been  made,  shall  be  made  defend- 
ants in  the  action,  and  all  the  defendants  may  then 
plead,  and  the  same  proceedings  shall  be  had  on 
said  amended  writ  as  if  the  same  had  been  the  ori- 
ginal writ  issued  in  the  action,  saving,  however,  to 
the  plaintiff  the  benefit  of  any  attachment,  indorse- 
ment or  security  had  upon  the  service  of  the  first 
writ. 

[Approved  by  the  Governor,  March  27,  1833.] 


CHAP.  CXCV. 

An  Act  to  establish  the  VVinnisimmet  Bank. 


Sec.  1.  Be  ?7  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled^  and 
by  the  authority  of  the  same,  That  Henry  J.  Oli- Persons  incorpo. 
ver,  John  M.  Fiske,  Simon  Wilkinson,  Isaac  Har- 
ris, Samuel  Aspinwall,  Benjamin  Abrams,  Guy  C. 
Haynes,  Ephraim  Milton,  Eleazer  Pratt,  Ebenezer 
H.  Little,  Benjamin  Leavitt,  Moses  Miller,  and 
Stephen  Locke,  their  associates,  successors  and 
assigns,  are  hereby  created  a  corporation,  by  the 
name  of  the  President,  Directors  and  Company  of 
the  Winnisimmet  Bank,  to  be  established  near  the 
Winnisimmet  Ferry  in  the  city  of  Boston,  and  shall 
so  continue  until  the  first  day  of  October,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and 
fifty-one,  and  shall  be  entitled  to  all  the  powers  and 
privileges,  and  subject  to  all  the  duties,  liabilities 
101 


796 


WINNISIMMET  BANK. 


March  21,  1833. 


Transfer  of 
stock. 


Shares. 


and  requirements  contained  in  the  ninety-sixth 
chapter  of  the  statutes  of  the  year  one  thousand 
eight  hundred  and  twenty-eight,  the  fifty-eighth 
chapter  of  the  statutes  of  the  year  one  thousand 
eight  hundred  and  thirty,  and  in  the  second  sec- 
tion of  "  an  act  concerning  corporations,"  passed 
March  eighth,  one  thousand  eight  hundred  and 
thirty-three. 

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  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  five  hun- 
dred 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,  the  whole  be  paid  in  within 
one  year  from  the  passage  of  this  act. 


[Approved  by  the  Governor,  March  27,  1 833.] 


CHANGE  OF  NAMES.  March  27,  1833.  797 


CHAP.  CXCVI. 

An   Act   to  change  the  names  of  Persons   therein 
mentioned. 

13 E  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same,  That  John  Winslow  Suffolk  Coun- 
Whitman,  Jr.,  of  Boston,  may  take  the  name  of 
George  Henry  Whitman;  that  Patrick  Powers,  of 
Boston,  may  take  the  name  of  John  Patrick  Powers  ;  Names  changed. 
that  Mary  B.  Murphy,  of  Boston,  may  take  the 
name  of  Sarah  Hunt ;  that  Ebeuezer  W.  Perry,  of 
Boston,  minor  son  of  John  B.  Perry,  may  take  the 
name  of  Ebenezer  W.  Townsend ;  that  Joseph 
Buntin,  of  Boston,  may  take  the  name  of  Joseph 
Buntin  Cornelius  ;  that  John  Maky,  of  Boston,  may 
take  the  name  of  John  Wirt  May  ;  that  Mary  Ann 
Maky,  wife  of  the  said  John  Maky,  that  his  minor 
sons,  (viz.)  John  James,  Henry  Rogers,  William 
Thomas,  Samuel  Pearce,  and  also  his  minor  daugh- 
ter Lucy  Ann,  may  severally  take  the  surname  of 
May  ;  that  Ephraim  Kendall  Rogers,  of  Boston,  may 
take  the  name  of  Edward  Kendall  Rogers;  that 
Martha  B.  Waite,  of  Boston,  may  take  the  name  of 
Martha  B.  Lawrence  ;  that  Hannah  Sumner  Cox, 
of  Boston,  may  take  the  name  of  Hannah  Sumner; 
that  Nabby  Phillips,  of  Boston,  may  take  the  name 
of  Abigail  Wales  Phillips  ;  that  William  Davis,  of 
Boston,  may  take  the  name  of  William  Guisby  Da- 
vis ;  that  Ralph  Haskins,  of  Boston,  may  take  the 
name    of   Ralph    Thurston    Haskins ;    that   James 


798  CHANGE  OF  NAMES.  March  27,  1833. 

Names  changed.  Stackpole,  of  Bostoii,  may  take  the  name  of  James 
Wallace ;  that  Delia  Atwood,  of  Boston,  minor 
daughter  of  Barnabas  Atwood,  and  Abigail  Atwood 
of  Brewster,  in  the  county  of  Barnstable,  may  take 
the  name  of  Delia  Atwood  Thurston  ;  that  Penelope 
Green,  of  Boston,  may  take  the  name  of  Harriet 
Green  ;  that  James  Boies  Johnson,  of  Boston,  may 
take  the  name  of  James  Jeremiah  Smith  Boies  ;  that 
Ann  Dearing  Johnson,  wife  of  the  said  James,  may 
take  the  name  of  Ann  Dearing  Boies  ;  that  James 
Theodore  Johnson,  may  take  the  name  of  James 
Theodore  Boies ;  that  Ann  Cordelia  Johnson,  may 
take  the  name  of  Cordelia  Ann  Boies  ;  that  William 
Rogers  Johnson,  may  take  the  name  of  Ferdinand 
Augustus  Boies ;  that  William  Octavius  Johnson, 
may  take  the  name  of  William  Octavius  Boies ;  that 
Charles  Frederick  Johnson,  may  take  the  name  of 
Charles  Frederick  Boies  ;  that  Edward  Alonzo 
Johnson,  may  take  the  name  of  Edward  Alonzo 
Boies  ;  all  minor  children  of  the  said  James  Boies 
Johnson  first  named  ;  that  John  Bigelow,  second, 
of  Boston,  may  take  the  name  of  John  Bradford 
Bigelow  ;  that  Bayard  Rice,  of  Boston,  may  take 
the  name  of  James  Bayard  Rice  ;  that  Smith  Hills, 
of  Boston,  may  take  the  name  of  Henry  Smith 
Hills  ;  that  Ebenezer  Leman,  of  Boston,  cork  cut- 
ter, may  take  the  name  of  Ebenezer  C.  Leman  ; 
that  Elbridge  Whitney,  of  Boston,  may  take  the 
name  of  Elbridge  Gerry  Whitney  ;  that  Sarah  Monk, 
of  Boston,  may  take  the  name  of  Sarah  M.  Brown  ; 
that  Benjamin  Bates,  of  Boston,  may  take  the  name 
of  Benjamin  Edward  Bates  ;  that  Benjamin  Willard, 
of  Boston,  may  take  the  name  of  Benjamin  Frank- 
lin Willard  ;  all  of  the  county  of  Suffolk. 

Essex   County.     That  Edward   Orne,   of  Salem, 


CHANGE  OF  NAMES.  March  27,  1833.  799 

may  take  the  name  of  Edward  Osgood  ;  that  Char-  Names  changed. 
lotte   Woodberry,   minor  daughter  of  David  Wood- 
bury, of  Wenhaai,  may  take  the  name  of  Charlotte 
Woodberry   Symons  ;  that   Charles  William  Pierce 
Crockett,    of    Newbury,    may    take    the    name    of 
Charles    Pierce  Crocket  ;  that  Joseph   James  Gal- 
ley Cuishing,   a  minor   son  of  Joseph   Cuishing,  of 
Marblehead,   may    take  the   name  of  James  Galley 
Cuishing  ;  that  John  Hoyt  Bean,  of  Lynn,  may  take 
the  name  of  John  Hoyt  Henry  ;  that   Susan  Lake- 
man,  third,  of  Ipswich,  may  take  the  name  of  Susan 
Sarah    Lakeman ;     that   Sarah   Stickney   Hunt,  of 
Newbury,  may  take  the  name  of  Sarah  Jane  Stick- 
ney ;  that  Melancthon  Elliot,  of  Newburyport,  may 
take  the  name  of  Henry  Melancthon   Elliot ;  that 
Marcy    Gidings    Putnam,   of  Salem,    may  take   the 
name  of  Maria  Gidings  Putnam  ;  that  Emily  Bailey, 
of  West   Newbury,   may  take  the   name  of  Emily 
Mariketer   Bailey  ;  that   Abraham  Edwards,    minor 
son  of  Abraham  Edwards,  of  Beverly,  may  take  the 
name  of  Abraham  Franklin   Edwards  ;  that  Daniel 
Bailey,  third,  of  West  Newbury,  may  take  the  name 
of  Daniel  Winslow  Bailey  ;  that  Dudley  Cross,  Jr., 
of  Ipswich,   may   take   the   name  of  John   Dudley 
Cross  ;  that   Lydia  Little   Dodge,   of  Salem,   may 
take  the    name  of   Ellen  Lydia  Little  Dodge  ;  that 
Samuel    Safford,  a  minor,   of  Salem,   may  take  the 
name    of   Samuel   Appleton   Safford  ;  that   Samuel 
Whitefoot,  of  Danvers,  may  take  the  name  of  Sam- 
uel White  ;  that  Elizabeth,  wife  of  the  said  Samuel 
Whitefoot,  and   that  his  minor  son,    Samuel  Quince 
Whitefoot,  may  severally  take  the  name  of  White  ; 
that  John  Hooper,  Jr.,  of  Marblehead,  may  take  the 
name  of  John  Lee  Hooper  ;  that  Ruth  Moody  Brad- 
ley, of  Bradford,   may  take   the  name  of  Ruth  Ann 


800  CHANGE  OF  NAMES.  March  27,  1833. 

Moody  Bradley;  that  Ruth  Ingersoll  Ladd,  of  Brad- 
ford, may  take  the  name  of  Ellen  Bradstreet  Ladd  ; 
all  of  the  county  of  Essex. 

Middlesex  coun-  Middlcsex  CouKity.  That  Lot  Wiswall  of  Cam- 
bridge, may  take  the  name  of  William  Daniels  Wis- 
wall ;  that  Hiram  Brown  of  Lowell,  may  take  the 
name  of  Hiram  Alonzo  Brown  ;  that  Polly  Rich- 
ardson of  Framingham,  may  take  the  name  of 
Maria  Antoinette  Richardson ;  that  William  Paige 
first,  of  Shirley,  may  take  the  name  of  William 
Weston  Paige;  that  James  Paul  Crooks  of  South 
Reading,  may  take  the  name  of  Paul  Kruz  ;  that 
Mary  Crooks,  his  wife,  may  take  the  name  of  Mary 
Kruz  ;  that  Caleb  Horace  Pool  Wakefield  of  Read- 
ing, may  take  the  name  of  Horace  Pool  Wakefield  ; 
that  Ambrose  Augustus  Cole  of  Charlestown,  may 
take  the  name  of  Augustus  Howard  Cole  ;  that 
Aira  Kenny  of  Reading,  may  take  the  name  of 
Ellen  Maria  Kenny  ;  thatLoammi  Kendall,  Junior, 
of  Charlestewn,  may  take  the  name  of  Arthur 
Kendall ;  that  Samuel  King,  Jr.,  of  Cambridge, 
may  take  the  name  of  Samuel  Wilson  King;  that 
Fanny  Tufts  of  Medford,  may  take  the  name  of 
Frances  Emily  Tufts  ;  that  William  Searles  of  Low- 
ell, may  take  the  name  of  William  Coleman  ;  that 
Alice  Ann  Fullerton  of  Lowell,  a  minor,  may  take 
the  name  of  Alice  Ann  Shattuck  ;  that  Edward 
Eels,  Junior,  of  Medford,  may  take  the  name  of 
Edward  Eels  Nash ;  all  of  the  county  of  Middle- 
sex. 

Norfolk  county.  Novfulk  Countij.  That  Benjamin  Frost  Cutter 
of  Brookline,  may  take  the  name  of  Benjamin 
Franklin  Cutter  ;  that  Henry  Peirce  and  Edward 
Peirce,  minor  sons  of  Jesse  Peirce  of  Stoughton, 
may    severally    take    the   names  of   Henry    Lillie 


CHANGE  OF  NAMES.  March  27,  1833.  801 

Peirce,  and  Edward  Lillie  Peirce ;  that  Joseph 
Kendall  of  Dorchester,  may  take  the  name  of  Ed- 
ward Joseph  Kendall ;  all  of  the  county  of  Nor- 
folk. 

Worcester  County.  That  Jonadab  Baker  of  Ash-  Worcester  coun- 
burnham,  may  take  the  name  of  George  Baker  ; 
that  Boaz  Moore  Merrick  of  West  Brookfield,  may 
take  the  name  of  Charles  Augustus  Merrick  ;  that 
Anna  Fitts,  second,  of  Charlton,  may  take  the 
name  of  Ann  Maria  Fitts  ;  that  Sally  Bullen  of 
Charlton,  may  take  the  name  of  Sally  Boydeu  ; 
that  Polly  Bullen  of  Charlton,  may  take  the  name 
of  Mary  Boyden  ;  that  Samuel  Chandler  Blake  of 
Worcester,  may  take  the  nam.e  of  Francis  Blake ; 
that  James  Madison  Cutter  of  Fitchburg,  may  take 
the  name  of  James  Marshall  Cutter  ;  that  Adam 
Hawks  of  Ashburnham,  may  take  the  name  of 
Henry  Putnam  Hawks ;  that  Sumner  Smith  of 
Worcester  may  take  the  name  of  Joseph  Sumner 
Smith ;  that  Mary  G.  Fisk  of  Spencer,  may  take 
the  name  of  Adelaide  Mary  Fisk  ;  that  Ebenezer 
Wilder,  Jr.,  of  Lancaster,  may  take  the  name  of 
Frederick  William  Wilder ;  that  Emilia  Dudley, 
minor  daughter  of  Samuel  Dudley  of  Harvard,  de- 
ceased, may  take  the  name  of  Abba  Willard  Dud- 
ley ;  that  John  Davis  of  Worcester,  son  of  Joseph 
Davis  of  Northboro',  in  said  county,  may  take  the 
name  of  John  B.  Davis;  that  William  Sawyer  of 
Berlin,  may  take  the  name  of  William  Adison  Saw- 
yer ;  that  William  Henry  Tower,  a  minor  son  of 
Asahel  Tower,  Jr.,  of  Lancaster,  may  take  the 
name  of  Henry  Ambrose  Tower;  that  Emily  Os- 
good of  Leominster,  may  take  the  name  of  Emily 
Rebecca  Osgood  ;  that  Adeline  Wheeler  Stearns 
of  Oakham,   minor  daughter  of  Isaac    Stearns  of 


802  CHANGE  OF  NAMES.  March  27,  \S33. 

Spencer,  may  take  the  name  of  Adeline  Wheeler 
Ayres  ;  that  Asa  Waters,  Junr.  of  Millbury,  may 
take  the  name  of  Asa  Holman  Waters ;  all  of  the 
county  of  Worcester. 

Plymouth  coun-       Plymoutli  CouYity.     That  Nathaniel  Fowle  Bow- 

^"  doin  of  Hanson,   may  take  the  name  of  Nathaniel 

Towle  Bowdoin  ;  that  his  wife,  Eunice,  may  take 
the  name  of  Eunice  Towle  Bowdoin  ;  that  Har- 
riet Newel  Barker,  of  Halifax,  may  take  the  name 
of  Harriet  Jane  Watterman  ;  that  Phoebe  Thomp- 
son of  Halifax,  may  take  the  name  of  Pha3be  Wa- 
terman Thompson,  all  of  the  county  of  Plymouth. 

^^amps  irecoun-  Hampshire  County.  That  Emily  Olds  of  Cum- 
mington,  may  take  the  name  of  Emily  Read  ;  that 
Experience  Amanda  Cooley  of  Prescott,  may  take 
the  name  of  Mary  Jane  Amanda  Cooley  ;  that 
Betsey  Brewster  of  Worthington,  may  take  the 
name  of  Elizabeth  M.  Brewster  ;  that  James  Dick- 
son Benjamin  ot  Worthington,  minor  son  of  Alvah 
Benjamin,  deceased,  may  take  the  name  of  Alvah 
Dickson  Benjamin  ;  that  Calvin  Mitchell  of  En- 
field, may  take  the  name  of  Marcus  Milton  Mitch- 
ell ;  that  George  Mitchell  of  Enfield,  may  take  the 
name  of  George  W.  Mitchell  ;  that  Ashley  Wash- 
ington of  Amherst,  may  take  the  name  of  George 
Washington  ;  all  of  the  county  of  Hampshire. 

Frankiiu  county.  Franklin  County.  That  John  Smith  of  Sunder- 
land, may  take  the  name  of  John  Rowe  Smith  ; 
that  Olive  Cary  of  Montague,  may  take  the  name 
of  Olive  Holton  ;  both  in  the  county  of  Franklin. 

Hampden  County.  That  George  Francis  Nor- 
cross,  minor  son  of  Erasmus  Norcross  of  Monson, 
may  take  the  name  of  George  Henry  Norcross ;  of 
the  county  of  Hampden. 

Barnstable  coun-      BamstahU  Couuty.     That  Luke  Baker  of  Chat- 
ty- 


WINNISIMMET  COMPANY.      March  21,  U33.  803 

ham,  may  take  the  name  of  Luke  Clark  Baker ;  of 
the  county  of  Barnstable  :  And  the  several  persons 
herein  mentioned,  are  hereby  allowed  to  take  and 
hereafter  be  known  by  the  respective  names,  which 
by  this  act  they  severally  are  authorized  to  as- 
sume. 

[Approved  by  the  Governor,  March  27,  1833.] 


CHAP.  CXCVII. 

An  Act  to  incorporate  the  Winnisimmet  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  Francis  B.  Fay,  Persons  incorpo- 
Thomas  H.  Perkins,  William  H.  Gardiner,  Wash- 
ington P.  Gragg,  their  associates,  successors  and  as- 
signs, are  hereby  made  a  corporation,  by  the  name 
of  the  Winnisimmet  Company,  with  the  powers  and 
requirements  contained  in  "  an  act  concerning  cor- 
porations," passed  March  eighth,  one  thousand  eight 
hundred  and    thirty-three ;  and  said  corporation  is  Corporation  em- 

,  ,  1111  r  r  powered  to  pur- 

em powered  to  purchase  and  hold  any  lerry  or  terry  chase  and  hold 

•   II  r>  1  /^  I    I  1  *°y  '^'■'■y  <"■  ^'^'■'■y 

rights,   between  Koston  and  Chelsea,   and   to   con-  rie;hts  between 

1  .  .  ,  IT  I  1   Boston  and 

Struct  and  mamtam  wharves,  landmg  places,  and  cheisea. 
other  works  suitable  and  convenient  for  the  steam 
boats  and  other  vessels  which  may  be  used  on  any 
such  ferry,  and  for  the  accommodation  of  foot  pas- 
sengers, horses,  carriages,  and  merchandize  :  pro- 
vided, that  nothing  herein  shall  authorize  said  cor- 
poration to  take  private  property  for  any  of  said 
purjjoses,  otherwise  than  by  legal  authority  from 
102 


804  WINNISIMMET  COMPANY.      March  27 ,  \QS3 . 

the  owners  thereof,  nor  to  build  any  bridge  or  dam 

over  the  channel  of  any  public  navigable  waters,  or 

May  purchase      otherwise  permanently  to  obstruct  the  same.     And 

and  dispose  ot  i  j 

uue*'"  '^*'  ^^"  ^^^^  corporation  may  purchase  and  dispose  of  the 
whole,  or  any  part  of  the  real  estate  described  in 
the  deed  of  Thomas  Williams  to  Francis  B.  Fay 
and  others,  trustees,  dated  March  eighth,  one  thou- 
sand eight  hundred  and  thirty-one,  and  recorded 
with  Suffolk  deeds,  and  such  other  real  estate  at  or 
near  the  landing  places  of  any  such  ferry,  not  ex- 
ceeding in  value  seventy-five  thousand  dollars,  as 
may  be  necessary  or  convenient  for  the  purposes 
aforesaid,  together  with  vessels  and  steam  boats, 
and  such  other  personal  property,  not  exceeding  in 
value  one  hundred  thousand  dollars,  as  may  be 
necessary  and  convenient  for  the  better  manage- 
ment of  any  such  ferry,  and  of  the  affairs  of  said 
corporation. 

capiiai  stock.  gj.^,    2.     Be  it  further  enacUd,  That  the  capital 

stock  of  said  corporation  shall  not  exceed  five  hun- 
dred thousand  dollars  5  and  at  all  meetings  of  the 
corporation  each  share  shall  have  one  vote,  but  no 
proprietor  shall  have  more  than  one  fourth  part  of 
the  whole  number  of  votes,  and  absent  proprietors 
may  vote  by  proxy,  authorized  in  writing. 

Penalty  for  wii-      Sec.  3.     Be  it  furthcT  ejuicted,  That  if  any  per- 

fully  obstructing,  '^  ■*     ' 

boaS'&"^'  '^'"^  ^""  ^^^^^  wilfully  obstruct  or  interrupt  the  passage 
of  any  ferry  boats,  or  shall  wilfully  injure  the  boats, 
wharves,  landing  places,  or  toll  houses  of  said  cor- 
poration, the  person  so  offending  shall  be  liable  to  a 
penalty  of  not  less  than  twenty  dollars,  and  not 
more  than  one  hundred,  to  be  sued  for  and  recov- 
ered to  the  use  of  the  Commonwealth,  by  said  cor- 
poration, or  any  agent  thereof,  in  any  court  of  com- 
petent jurisdiction,  and  shall  be  further  liable  to  the 
corporation  in  damnges  by  an  action  therefor. 


TOWN  OF  FOXBOROUGH.      March  27,  1833.  805 

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

[Approved  by  the  Governor,  March  27,  1833.] 


CHAP.  CXCVIII. 

An  Act  to  set  off  a  part  of  the  Town  of  Foxborough 
and  to  annex  the  same  to  Walpole. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assetnbled,  and 
by  the  authority  of  the  same,  That  so  much  of  the  Boundary  iine 
town  of  Foxborough,  with  the  inhabitants  thereon, 
as  lies  northerly  of  the  following  described  line,  be 
set  off  from  said  town  of  Foxborough  and  annexed 
to  said  town  of  Walpole,  to  wit :  beginning  at  a 
point  at  the  south-westerly  corner  of  a  lot  of  wood 
land  belonging  to  Silas  Smith,  at  a  corner  in  the 
line  between  the  said  two  towns,  and  running  due 


806  TOWN  OF  FOXBOROUGH.      March  27,  1833. 

west,  until  it  intersects  the  line  between  the  town 
of  Walpole  and  Foxborough,  of  the  road  running 
from  the  Norfolk  and  Bristol  turnpike,  near  the 
house  of  Stephen  Fuller,  to  Wrentham,  containing 
by  nneasure,  sixty-five  acres  and   twelve   rods,  be 

Proviso.  the  same  more  or  less  :  provided  however,  that  the 

inhabitants  and  land  thus  set  off,  shall  be  holden  to 
pay  all  taxes  heretofore  assessed,  in  the  same  man- 
ner as  if  this  act  had  not  been  passed.  Provided 
also,  that  if  any  persons  who  have  gained  a  legal 
settlement  in  said  town  of  Foxborough  by  a  resi- 
dence on  said  territory,  or  by  having  been  proprie- 
tors of  any  part  thereof,  or  who  may  derive  such 
settlement  from  any  such  resident  or  proprietor, 
shall  come  to  want,  and  stand  in  need  of  relief  and 
support,  they  shall  be  relieved  and  supported  by 
the  said  town  of  Walpole,  in  the  same  manner  as 
if  they  had  gained  a  legal  settlement  in  that  town  : 
provided  also,  that  in  case  the  inhabitants  of  the 
town  of  Foxborough  request  it,  the  inhabitants  of 
the  territory  set  off,  shall  be  at  the  whole  expense 
of  removing  the  school  house  in  Foxborough,  in 
the  school  district  from  which  the  said  territory  is 
taken,  to  any  other  place  within  the  said  district 
which  the  said  inhabitants  of  Foxborough  may, 
within  two  years,  designate. 

Committee  to  be      §£0.  2.     Be  it  furtJier  euacted,  That  a  comimUee 

appointed.  -^ 

or  committees  shall  be  appointed  by  said  towns  to 
determine  what  proportion  of  the  State  and  county 
taxes,  for  which  the  town  of  Foxborough  is  or  may 
be  liable,  shall  be  paid  by  the  town  of  Walpole 
until  the  next  State  valuation  ;  and  in  case  said 
committee  or  committees  shall  not  agree,  then 
three  disinterested  persons  shall  be  appointed  for 
this  purpose,  by  the  court  of  common  pleas  next  to 


BAP.  SOC.  IN  LOWELL.        March  27,  1333.  807 

be  holden  at  Dedham,  within  and  for  the  county  of 
Norfolk,  upon  application  therefor  duly  made. 

[Approved  by  the  Governor,  March  27,  1833.] 


CHAP.  CXCIX. 


An  Act  to  incorporate  the   Second    Baptist  Society 
in  Lowell. 

Sec.  1.  JljE  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same,  That  John  Chase,  Sam-  Persons  incorpo- 

'^  -J    -^  '  rated. 

uel  C.  Oliver,  and  Moses  M.  Tuxbury,  their  asso- 
ciates, and  successors,  are  hereby  made  a  corpora- 
tion by  the  name  of  the  "Second  Baptist  Society  in 
Lowell,"  for  the  purpose  of  maintaining  public  wor- 
ship and  religious  instruction  in  Lowell,  with  all 
the  powers,  privileges  and  immunities  to  which  re- 
ligious societies  are  entitled,  and  also,  all  the  powers 
and  requirements  contained  in  "  an  act  concerning 
corporations,"  passed  March  the  eighth,  one  thou- 
sand eight  hundred  and   thirty-three. 

Sec.  2.  Be  it  further  enacted,  That  said  corpo- Reai  and  person- 
ration  may  acquire  and  hold  real  and  personal  es-  ^'  ^^'^^^' 
tate,  the  annual  income  of  which  shall  not  exceed 
two  thousand  dollars,  to  be  appropriated  exclusive- 
ly to  parochial  purposes.  And  said  proprietors  may 
divide  their  estate  into  shares,  the  number  of  which 
shall  not  be  less  than  one  hundred,  nor  more  than 
two  hundred,  and  may  make  on  said   shares  assess- 


808  BEEF  CATTLE.  March  27,  1833. 

ments  not  exceeding  one   hundred   dollars   on  each 

share. 

torentuieTto'         Sec.  3.  Be   it  fuvther  enacted,  That  at  all  meet- 
one  vote  for  each  •  r*J  >•  l  •-  iii« 

share.  mgs    oi   said   corporation,  each  proprietor  shall  be 

entitled  to  one  vote  for  each  share  owned  by  him  : 
provided,  that  no  proprietor  shall  be  entitled  to  more 
than  fifteen  votes,  and  absent  proprietors  may  vote 
by  proxy  in  writing. 

[Approved  by  the  Governor,  March  27,  1833.] 


CHAP.   CC. 

An  Act  to  regulate   the  Slaughtering  and  Weighing 
of  Beef  Cattle. 

J3E  it  enacted  by  the  Senate  and  House 

of  Representatives  in  General  Court  assembled,  and 

slaughtering  Lid  bi/  the  authoritif  of  the  same,  That  from  and  alter  the 

weighing  of  beef  ,  rum  iiir  i  in 

cattle.  first  day  or  May  next,  all   beer   cattle,  except  bulls, 

sold  in  market  by  weight,  shall,  when  slaughtered, 
be  prepared  for  weighing  in  the  following  manner. 
The  legs  shall  be  taken  off  at  the  knee  and  gam- 
brel  joint,  the  head  at  the  second  joint  of  the  neck, 
the  skin  taken  from  all  other  parts  of  the  animal, 
the  entrails  taken  out,  and  all  the  fat  of  the  same  be 
taken  off  and  weighed  as  rough  tallow;  and  every 
other  part  of  the  animal  including  the  hide,  (the 
udder  of  cows  excepted)  shall  be  weighed.  And 
all  beef  shall  be  weighed  upon  the  first  week  day 
succeeding  that  on  which  it  may  be  slaughtered. 
And  every  person  who  shall  slaughter  beef,  so  sold 
in  market  by  weight,  or  prepare  it  for  being  weigh- 


REDEMP.  OF  MORTGAGES.    March  27,  1833.  809 

ed  in  any  other  manner  than  as  herein  prescribed, 
shall  forfeit  and  pay  the  sum  of  thirty  dollars  for 
each  offence,  one  half  to  the  use  of  the  Common- 
wealth, and  the  other  half  to  the  use  of  the  person 
who  shall  prosecute  therefor,  to  be  recovered  by  an 
action  of  debt,  in  any  court  proper  to  try  the  same  : 
provided,  that  nothing  herein  contained  shall  prevent  Proviso. 
the  buying  and  selling  of  beef  cattle  on  the  foot, 
or  the  slaughtering  or  weighing  of  cattle  in  any 
mode  or  at  any  time  which  shall  be  agreed  upon 
between  the  buyer  and  seller. 

[Approved  by  the  Governor,  March  27,  1833.] 


CHAP.  CCI. 


An  Act  in  addition  to  "  An  Act  making  further  pro- 
vision for  the  Redemption  of  Mortgages." 

Sec.  I.  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same,  That  the  proviso  con-  provi 
tained  in  the  first  section  of  the  statute  of  the  year 
one  thousand  eight  hundred  and  twenty-one,  chap- 
ter eighty-five,  be  and  the  same  is  hereby  repealed. 

Sec.  2.  Be  it  further  enacted,  That  vvhene-  J'^^Jf'J,^*"  p^^' 
ver  a  bill  in  equity  shall  be  brought  for  the  redemp- 
tion of  a  mortgage  as  provided  in  said  statute,  the 
plaintiff  or  complainant  shall  pay  to  the  defendant 
his  costs,  unless  it  shall  appear  to  the  court  that 
the  mortgagee  or  other  defendant  has  refused  or 


k'iso  re- 
pealed. 


810  LOWELL  GAS  LIGHT  CO.       March  27,  1833. 

unreasonably  neglected,  when  thereto  requested, 
to  render  a  just  and  true  account  of  the  money  due 
on  the  mortgage,  and  of  the  rents  and  profits  of 
the  mortgaged  premises,  and  of  the  money  expend- 
ed in  the  repairs  and  improvements  thereof,  if  any, 
or  has  otherwise  by  his  default  prevented  the  plain- 
tiff or  complainant  from  performing  the  condition 
of  the  mortgage  before  the  commencement  of  the 
suit. 

[Approved  by  the  Governor,  March  27,  1833.] 


CHAP.  ecu. 

An  Act  to  incorporate  the  Lowell  Gas  Light  Com- 
pany. 

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

Persons  incorpo-  bi/  t/ic  autkoritij  of  the  suinc,  That  William  David- 
son, Edward  R.  Olcott,  William  T.  Heydock,  and 
their  associates,  successors  and  assigns,  are  hereby 
created  a  corporation,  by  the  name  of  the  Lowell 
Gas  Light  Company,  for  the  purpose  of  manufac- 
turing and  selling  gas  in  the  town  of  Lowell,  with 
all  the  powers,  and  subject  to  the  requirements 
in  the  fifty-third  chapter  of  the  statutes  of  one 
thousand  eight  hundred  and  twenty-nine. 

Real  and  person-  Sec.  2.  Be  it  further  eiiQcted,  That  the  capi- 
tal stock  shall  not  exceed  two  hundred  thousand 
dollars,  and  said  corporation  may  possess  real 
estate  for  the  purpose  aforesaid,  not  exceeding  in 
value  fifty  thousand  dollars. 


BOS.  B.  &  PAP.  MAN.  CO.     March  27,  1833.  811 

Sec.  3.  Be  it  further  enacted,  That  if  said  conditions,  &c. 
company  shall  not,  within  two  years  from  the  pas- 
sage of  this  act,  have  erected  their  works,  and  shall 
not  within  that  time  be  prepared  to  manufacture 
gas  for  the  use  of  the  inhabitants  of  Lowell,  then 
this  act  shall  be  null  and  void. 

[Approved  by  the  Governor,  March  27,  1833.] 


CHAP.  CCIII. 

An  Act  to  incorporate  the  Boston  Book  and  Paper 
Manufacturing  Company. 

Sec.  1.  iyK  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same,  That  Timothy  Har-  fg^j^^J*"^  i»corpo- 
rington  Carter,  Melvin  Lord,  Nathaniel  Greene, 
and  Ferdinand  Andrews,  their  associates,  succes- 
sors and  assigns,  are  hereby  made  a  corporation  by 
the  name  of  the  Boston  Book  and  Paper  Manufac- 
turing Company,  for  the  purpose  of  manufacturing 
books  in  the  city  of  Boston,  and  paper  in  the  town 
of  Pepperell,  in  the  county  of  Middlesex,  and  for 
this  purpose  shall  have  all  the  powers  and  privileges, 
and  be  subject  to  all  the  duties  and  requirements 
prescribed  in  an  act  passed  on  the  twenty-third  day 
of  February,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  thirty,  entitled  "  an  act  defining 
the  general  powers  and  duties  of  manufacturing 
corporations  :"  provided  hoivever,  that  said  company  Proviso. 
shall  not  print  or  publish  any  book  of  less  size  than 
103 


812  BOSTON  ACAD.  OF  MUSIC.     March  27,  1833. 

duodecimo,  nor  any  work  in  duodecimo,  unless  the 
same  shall   contain  at  least  two  thousand  printed 
pages. 
May  hold  real  ^Ec.  2.     Be  it  further  671  ttctcd,  That  said  corpo- 

Tate/"*""^  ^^'  ration  may  lawfully  hold  and  possess  such  real  es- 
tate, not  exceeding  in  value  fifty  thousand  dollars, 
and  such  personal  estate  not  exceeding  the  sum  of 
fifty  thousand  dollars,  as  may  be  necessary  and  con- 
venient for  the  purpose  aforesaid. 

[Approved  by  the  Governor,  March  27,  1833.] 


CHAP.  CCIV. 

An    Act  to  incorporate  the    Boston    Academy  of 

Music. 

Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled^  and 
Persons  iiicorpo-  by  the  authority  of  the  same,  That  William  C.  Wood- 
bridge,   George   E.    Head,    Henry   Edwards,  and 
William  W.  Stone,  their  associates,  successors  and 
/  assigns,  are  hereby   created  a   corporation   by  the 

name  of  the   Boston   Academy  of  Music,  for  the 
purpose  of  promoting  education  in  the  science  and 
May  hold  person-  practico  of  music  ;    with  power  to  acquire  and  hold 

al  estate.  ^  , .  .  ,  , 

personal  estate,  not  exceedmg  in  value  twenty  thou- 
sand dollars,  to  be  appropriated  exclusively  to  the 
purpose  aforesaid,  with  the  powers  and  require- 
ments contained  in  "  an  act  concerning  corpora- 
tions," passed  March  eighth,  one  thousand  eight 
hundred  and  thirty-three. 

[March  27,   1833.] 


CAMBRIDGE  BAP.  SOC.  March  27,  1833.  813 


CHAP.  CCV. 

An  Act  to  incorporate  the  Second  Baptist  Society 
in  Cambridge. 

Sec.  1.  JBE  it  enacted  by  the  Senate  and  House 
of  Representatives,  in  General  Court  assembled,  and 
by  the  authority  of  the  same,  That  Enos  Reed,  Bax-  ^^^^^^^  incorpo- 
ter  Hall,  and  Thomas  H.  Bailey,  their  associates 
and  successors,  are  hereby  made  a  corporation  by 
the  name  of  the  Second  Baptist  Society  in  Cam- 
bridge, with  all  the  powers  and  privileges  to  which 
religious  societies  are  entitled,  and  with  the  powers, 
and  subject  to  the  requirements  contained  in  "  an 
act  concerning  corporations,"  passed  on  the  eighth 
day  of  March,  one  thousand  eight  hundred  and 
thirty-three. 

Sec.  2.     Be  it  further  enacted.  That  said  corpo-  Estate. 
ration  may  hold  and  manage  any  estate  necessary 
for  the  purposes  aforesaid,  not  exceeding  in  value 
the  sum  of  twenty  thousand  dollars. 

[Approved  by  the  Governor,  March  27,  1833.] 


814  PRIVATE  BANKING.  March  2S,  \S33, 


CHAP.  CCVI. 
An  Act  to  prevent  Private  Banking. 

Jl>E  it  enacted  by  the  Senate  and  House 

of  Representatives  in  General  Court  assembled,  and 

fngSllsLf'  h  ^^^^  authority  of  the  same,   That,  if  any  person, 

&c^."other''than  ^fter  the  tenth  day  of  April  next,  shall  issue  or  pass 

exSge^'rbml  ^^Y  note,  bill,  order,  or  check,  other  than  foreign 

bliks?'^"'"'*^''    bills  of  exchange,  the  notes  or  bills  of  some  bank 

incorporated   by  the  laws  of  this  Commonwealth, 

or  by  the  laws  of  the  United  States,  or  of  some  one 

of  the  United   States,  or  by  the  laws  of  either  of 

the  British  Provinces  in  North  America,   with  the 

intent  that  the  same  shall  be  circulated  as  currency, 

he  shall  forfeit  and  pay  for  every  such  offence  the 

sum  of  fifty  dollars,  to  be  recovered  by  indictment 

to  the  use  of  the  Commonwealth,  or  by  an  action 

of  debt  to  the  use  of  any  person  who  shall  first  sue 

therefor,  in  any  court  of  competent  jurisdiction. 

[Approved  by  the  Governor,  March  28,  1833.] 


CHAP.  CCVII. 

An  Act  in  addition  to  "  An  Act  to  incorporate  the 
Union  Marine  Insurance  Company,"  in  Boston. 

JBE  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same,  That  the  time  within 


DEP.  SHERIFFS.  March  28,  \S33.  815 

which  the  capital  stock  of  the  Union  Marine  Insu-  Time  for  paying 

_,  .  .  in   capital    stock 

ranee  Company  is  required  to  be  collected  and  paid  extended  one 
in,  agreeably  to  the  requisitions  of  the  statutes  of 
the  year  one   thousand  eight  hundred   and  thirty- 
two,  chapter  ninety-five,  be,  and  is  hereby  extended 
one  year  from  the  passing  of  this  act. 

[Approved  by  the  Governor,  March  28,  1833.] 


CHAP,  ccvni. 

An  Act  to  change   the   name  of  Charles   Twining 

Tyler. 

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  Name  changed. 
the  passing  of  this  act,  Charles  Twining  Tyler,  of 
Boston,  in  the  county  of  Suffolk,  is  hereby  author- 
ized to  take  the  name  of  Royall  Tyler. 

[Approved  by  the  Governor,  March  28,  1833.] 


CHAP.  CCIX. 

An  Act  in  addition  to  "  An  Act  for  apprehending 
Offenders  in  any  County." 

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


816  BOSTON  S.  BAP.  CHURCH.     March  28,  1833. 

Sheriffs  empow-  sGveral  countics  within   this  Commonwealth  shall 

ered   to    appoint  .  .     ,      ,  .  .  _ 

special  depuUes.  havG  powcr  to  appomt  special  deputies  m  any  of 
the  counties  of  the  Commonwealth,  to  execute 
those  duties  only  which  deputy  sheriffs  are  empow- 
ered to  perform  by  the  fifty-second  chapter  of  the 
statutes  of  one  thousand  eight  hundred  and  twenty. 

[Approved  by  the  Governor,  March  28,  1833.] 


CHAP.  CCX. 

An  Act  to  incorporate  the  South  Baptist  Church  in 

Boston. 

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

Persons  incorpo-  ^  ^j^^  authority  of  tkc  sttMe,  That  Jacob  Flinn, 
Samuel  Hill,  Nehemiah  P.  Mann,  and  Solon  Jen- 
kins, with  their  associates  and  successors,  are  here- 
by incorporated  as  a  religious  society,  in  the  city 
of  Boston,  by  the  name  of  the  South  Baptist 
Church,  with  all  the  powers  and  privileges,  duties 
and  liabilities  of  other  religious  societies,  and  those 
contained  in  "an  act  concerning  corporations," 
passed  March  eighth,  A.  D.  1833. 

Present  trustees      Sec.  2.     Be  it  furthcr  cnactcd.  That  the  present 

authorized  to  re-  ^  ^ 

lease  and  convey  trustccs  of  thc  South  Baptist  Church   iu  said  Bos- 

to  corporation  all  _     ' 

the  real  estate  tou,  arc   hcrebv  authorizcd  to   release  and  convey 

now  held  by  them  "'  •' 

in  their  capacity  to  Said  corporation  all  the  real  estate  now    held  by 

of  trustees.  ,  ^    .  •' 

them  in  their  capacity  of  trustees,  by  virtue  of  a 
deed  recorded  in  the  registry  of  the  county  of  Suf- 
folk, in  book  361,  leaf  83.  And  the  same  estate 
shall  vest  upon  such  conveyance  as  an   absolute 


EEL  FISHERY.   "  March2S,  1833.  817 

estate  and  property  in  said  corporation,  and  there- 
upon said  corporation  shall  be  held  to  fulfil  all 
contracts  entered  into  by  said  trustees  on  behalf  of 
said  church,  and  are  hereby  empowered  to  manage, 
use,  and  dispose  of  the  same  estate,  according  to 
the  votes  of  the  said  body  corporate,  passed  at  any 
legal  meeting :  provided,  that  all  the  interest  and 
income  of  said  funds  shall  be  appropriated  to  reli- 
gious purposes  only. 

[Approved  by  the  Governor,  March  28,  1833.] 


CHAP.  CCXI. 


An  Act  to  preserve  the  Eel  Fishery  at  Muskeeket 
Island,  within  the  town  of  Nantucket. 

Sec.  1 .  Be  2*^  enacted  by  the  Senate,  and  House 
of  Representatives,  in  General  Court  assembled,  and 
by  the  authority  of  the  same.  That,  from  and  after  no  person  to 

^  .  -Ill  11  lake  more   than 

the  first  day  of  September  next,  it  shall  not  be  law-  three  dozen  eeis 

,         -  ,  I  at  one  time. 

ful  for  any  person  to  take  from  the  creeks,  coves  or 
harbors,  on  the  island  of  Muskeeket,  within  the  town 
of  Nantucket,  a  greater  number  of  eels,  at  one  time, 
than  three  dozen,  without  a  permit  from  the  major 
part  of  the  selectmen  of  said  town.  Every  person 
offending  as  aforesaid  shall  forfeit  and  pay  for  each 
and  every  additional  dozen,  so  taken,  the  sum  of 
fifty  cents. 

Sec.  2.     Be  it  further  enacted.  That  if  any  boat  penalty  for  of- 
or  craft  shall  be  found  within   the   limits   aforesaid, 
with  any  more  eels  on  board  than  this  act  allows  to 


818  EEL  FISHERY.  March2S,  1833. 

be  taken,  by  permit  from  the  selectmen  aforesaid,  it 
shall  be  the  duty  of  such  person  or  persons  as  shall 
be  chosen  by  the  said  town  of  Nantucket  to  see  to 
the  execution  of  this  law,  to  seize  on  such  boat  or 
craft,  and  detain  the  same,  not  exceeding  forty- 
eight  hours,  in  order  that  the  same  be  attached  or 
arrested,  by  due  process  of  law,  and  made  answer- 
able for  said  fines  and  forfeitures,  with  cost  of  suit : 
provided  however,  that  as  soon  as  the  master  or 
owner  of  such  boat  or  craft  shall  pay  such  fines  and 
forfeitures  to  the  Treasurer,  if  he  shall  pay  the  same 
Fishwardens.  bcforc  being  sucd,  such  boat  or  craft  shall  be  dis- 
charged with  the  effects  therein. 

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

[Approved  by  the  Governor,  March  28,  1 833.] 


MATTAPOISETT  WHF.  CO.     March  28,  1833.  819 


CHAP.  CCXII. 


An  Act  to  incorporate  the  Mattapoisett  Wharf  Com- 
pany. 

Sec.  1.  jy^  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same,  That  Joseph  Meigs,  Persons  incorpo- 
Gideon  Barstow,  Elijah  Willis,  and  Ebenezer  Can- 
non, with  their  associates,  successors  and  assigns, 
are  hereby  made  a  corporation  by  the  name  of  the 
Mattapoisett  Wharf  Company,  with  the  powers  and 
requirements  contained  in  "  an  act  concerning  cor- 
porations," passed  March  eighth,  one  thousand  eight 
hundred  and  thirty-three  ;  and  with  power  to  hold 
real  and  personal  estate  in  the  manner  and  for  the 
purpose  hereinafter  mentioned,  not  exceeding  in 
value  fifty  thousand  dollars,  to  be  divided  into  shares 
of  five  hundred  dollars  each. 

Sec.  2.     Be  it  further  enacted,  That  said  corpo-  conveyances  of 

,.  .  ,  wharves. 

ration  may  receive  conveyances  ol  certain  wharves 
situated  in  that  part  of  Rochester,  in  the  county  of 
Plymouth,  known  by  the  name  of  Mattapoisett,  and 
bounded  as  follows,  namely  :  beginning  at  a  stake 
in  the  line  of  Josiah  Holmes,  south  three  degrees 
east,  one  hundred  and  sixty-four  feet  from  the  north- 
west corner  of  said  Holmes  Store  by  the  street ; 
thence  extending  from  said  stake  west,  two  hundred 
and  fifty-three  feet,  thence  extending  south  to  the 
channel  of  the  harbor,  thence  extending  easterly,  by 
said  channel  to  the  line  of  said  Josiah  Holmes  ;  and 
thence  extending  north  three  degrees  west,  to  the 
104 


820  MOUNT  WASH.  ASSOC.  March  28,  1833. 

first  mentioned  bound  ;  and  may  hold,  use,  improve 
and  extend  the  same,  and  may  erect  a  marine  rail- 
way thereon  :  provided,  that  nothing;  in  this  act  shall 
interfere  with  the  legal  rights  of  any  person  or  per- 
sons. 
Votes.  Sec.    3.     Be  it  further  enacted,  That  each  mem- 

ber of  said  corporation  shall  be  entitled  to  as  many 
votes  as  he  has  shares,  and  may  vote  by  proxy  in 
writing  :  provided,  that  no  member  shall  be  entitled 
to  more  than  one  quarter  part  of  the  whole  number 
of  votes. 

[Approved  by  the  Governor,  March  28,   1833.] 


Persons  incorpo- 


CHAP.  CCXIII. 

An  Act  to  incorporate  the  Mount  Washington  Asso- 
ciation. 

Sec.  1.  J3e  27  enacted  by  the  Senate  and  Bouse 
of  Representatives  in  General  Court  assembled,  and 

rated"'" '"""'^"  by  the  authority  of  the  same.  That  David  Henshaw, 
Hall  J.  How,  John  H.  Bird,  George  Brinley,  their 
associates,  successors  and  assigns,  are  hereby  made 
a  corporation  by  the  name  of  the  Mount  Washing- 
ton Association,  to  be  established  in  the  city  of  Bos- 
ton, for  the  purpose  of  improving  Mount  Washing- 
ton, with  all  the  powers  and  requirements  contained 
in  "  an  act  concerning  corporations,"  passed  the 
eighth  of  March,  one  thousand  eight  hundred  and 
thirty-three. 

flsL^'slmab  Sec.  2.  Be  it  further  enacted,  That  said  corpo- 
ration  may  hold  and   possess  all  or  any  part  of  a 


MOUNT  WASH.  ASSOC.         March  28,  1833.  821 

tract  of  land  situated  in  South  Boston,  called  Mount 
Washington,  bounded  as  follows  :  commencing  in  Boundaries. 
Dorchester,  on  the  land  owned  by  John  H.  Bird, 
and  there  running  on  a  creek  to  Dorchester  street, 
thence  on  Dorchester  street  to  Broadway,  thence 
from  Broadway  to  H  street,  thence  to  low  water 
mark,  with  all  the  privileges  and  appurtenances, 
rights  and  easements  therewith  enjoyed  :  provided,  Real  and  per- 
that  the  lawful  owners  of  such  estate  shall  convey 
the  same  to  said  corporation  :  and  provided,  that  the 
whole  real  estate  of  said  corporation  shall  not  ex- 
ceed in  value  five  hundred  thousand  dollars,  and 
that  the  personal  estate  shall  not  exceed  one  hun- 
dred thousand  dollars  ;  and  said  corporation  may 
construct  dams,  docks  and  wharves,  and  manage 
and  improve  their  corporate  property,  and  may  sell, 
convey,  or  otherwise  dispose  of  the  same,  conform- 
ably to  the  provisions  of  their  by-laws. 

Sec.  3.  Be  it  further  enacted,  That  said  corpo-  Number  of 
ration  may,  at  any  legal  meeting,  agree  upon  the 
number  of  shares  of  their  corporate  property,  and 
may  assess  upon  each  share  such  sums  of  money  as 
may  be  necessary  for  the  purposes  contemplated  in 
this  act,  and  may  sell  the  share  or  shares  of  any  de- 
linquent proprietor  for  the  payment  of  assessments 
as  the  by-laws  may  direct: provided,  that  all  assess- 
ments shall  be  agreed  upon  by  two  thirds  at  least 
in  number  and  value  of  the  proprietors  present  or 
represented  at  any  meeting,  notice  thereof,  and  of 
the  purpose,  being  first  given  ten  days  at  least  pre- 
viously, in  the  manner  prescribed  in  the  by-laws, 
and  nothing  in  this  act  shall  interfere  with  the  legal 
rights  of  any  other  person  or  persons. 

[Approved  by  the  Governor,  March  28,  1833.] 


822  COMMERCIAL  INS.  CO.  March  2S,  1833. 


CHAP.  CCXIV. 

An  Act  in  addition  to  "  An  Act  to  incorporate  the 
Commercial  Insurance  Company." 

Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
^IxiXc^"^  ^y  ^^^  ^'^^^ority  of  the  same,  That  the  Commercial 
Insurance  Company  is  hereby  authorized  to  hold 
real  estate  of  any  value,  not  exceeding  in  all  sixty 
thousand  dollars,  besides  that  conveyed  in  mortgage 
as  collateral  security. 

[Approved  by  the  Governor,  March  28,  1833.] 


CHAP.  CCXV. 

An  Act  for  the  prevention  of  Fraud  in  the  Sale  of 

Oils. 

Sec.   1.    xjE  it  enacted  hy  the  Senate  and  House 

of  Representatives,  in  General  Court  assembled,  and 

Oils  specified      %  ^hc  authority  of  the  same.    That,  from  and  after 

and  takenToTe"^  tlio  passiug  of  this  act,  all  oils  sold  under  the  names 

pure  spermaceti  ^j-  gp^^j^^  spermaccti,  lamp,  summer,  fall,  winter 

and  second  winter  oils,  shall  be  deemed  and  taken 
to  be  pure  spermaceti  oil. 
Venders  liable  to      Sec.  2.    Bc  it  further  euactcd.  That  all  oils  sold 
d^ffere^c^e^nVa^  Under  thc  namcs  aforesaid,  which  shall  be  adulter- 
ated from  pure  spermaceti  oil,  shall  be  deemed 


ue  of  oils. 


FRAUD  IN  SALE  OF  OILS.     March  28,  1833.  823 

whale  oil,  and  the  vender  or  venders  shall  be  liable 
to  the  purchaser  or  purchasers  for  double  the 
amount  of  the  difference  in  value  between  pure 
spermaceti  oil  and  whale  oil,  when  the  quantity  sold 
exceeds  five  gallons,  and  four  times  the  difference 
when  said  quantity  is  less  than  five  gallons,  unless 
the  proportions  of  the  respective  oils  of  which  the 
mixture  consists  is  disclosed  to  the  purchaser  at 
the  time  of  sale,  and  in  writing  if  the  quantity  ex- 
ceeds one  gallon,  to  be  recovered  in  any  court 
proper  to  try  the  same. 

Sec.  3.    Be  it  further  enacted,    That  any  person  Penalty  for  sel- 
ling   adulterated 

or  persons  who  shall  sell  any  oil  or  oils,  commonly  spermaceti  oii  by 

.^|.,^  .a  mixture  of 

known  under  the  names  specified  in  the  first  section  whaie,  &c. 
of  this  act,  which  have  been  adulterated  from  pure 
spermaceti  oil  by  a  mixture  of  whale  or  any  other 
inferior  oil,  and  not  disclosing  the  proportion  of  the 
oils  of  which  it  consists  at  the  time  of  sale,  in 
writing,  if  the  quantity  exceed  one  gallon,  to  the 
purchaser,  shall  forfeit  for  every  such  offence  fifty 
dollars,  to  be  recovered  with  costs  of  suit,  in  an 
action  of  debt,  to  the  use  of  the  person  suing  for 
the  same,  and  the  written  disclosures  aforesaid  may 
be  given  in  evidence  in  such  action. 

Sec.  4.    Be  it  further  enacted,    That  all  oil  sold  oiis  mixed  with 

.  f    -I  •  1    •  I  <-  "  tauffht  pressed 

under  any  ot  the  names  contained  in  the  first  sec-  oii/'shaiibe 
tion  of  this  act,  which  shall  have  been  mixed  with  same. 
"taught  pressed  oil,"  shall  be  deemed  "taught 
pressed  oil,"  and  the  vender  thereof  shall  be  liable 
to  the  purchaser,  for  double  the  value  of  the  differ- 
ence between  the  first  quality  of  spermaceti  oil  and 
"  taugVit  pressed  oil,"  unless,  at  the  time  of  sale,  the 
vender  shall  disclose  in  writing  the  mixture  afore- 
said, and  said  difference  in  value  may  be  recovered 
in  any  court  of  competent  jurisdiction.     And  said 


824  RECOGNIZANCES.  MarcA  28,  1833. 

venders,  if  said  disclosures  shall  not  be  made  as 
aforesaid,  shall  be  liable  to  the  penalties  provided  in 
the  third  section  of  this  act,  to  be  recovered  in  the 
manner  provided  in  said  section. 

[Approved  by  the  Governor,  March  28,  1833.] 


coaiiizances. 


CHAP.  CCXVI. 

An  Act  concerning  Recognizances. 

B  E  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
Concerning  re-  %  the  autlioritij  of  the  Same,  That,  in  all  cases  where 
a  citj,  town,  parish,  or  precinct,  shall  be  required 
by  law  to  enter  into  a  recognizance,  the  mayor  and 
aldermen  of  such  city,  the  selectmen  of  such  town, 
and  the  assessors  of  such  parish  or  precinct  respec- 
tively, may,  by  an  order  or  vote,  authorize  any  per- 
son or  persons  to  enter  into  such  recognizance  in 
the  name  and  behalf  of  such  city,  town,  parish  or 
precinct  ;  and  such  recognizance  shall  be  binding 
upon  such  city,  town,  parish  and  precinct  respec- 
tively, and  upon  the  lands,  tenements,  goods  and 
chattels  of  the  inhabitants  of  such  city,  town,  parish 
and  precinct,  to  all  intents  and  purposes,  and  no 
surety  shall,  in  any  such  case  as  aforesaid,  be  re- 
quired in  such  recognizance. 

[Approved  by  the  Governor,  March  28,  ISSS."] 


B.  SEM.  FOR  YOUNG  LADIES.  March  28,  1 833.  825 


CHAP.  CCXVII. 

An  Act  to  establish  the  Boston  Seminary  for  Young 

Ladies. 

Sec.  L  xyFi  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and  Persons  incorpo- 
by  the  authority  of  the  same,  That  John  L.  Blake, 
Noah  Brooks,  and  Edward  H.  Bobbins,  their  asso- 
ciates and  successors,  are  hereby  created  a  corpora- 
tion by  the  name  of  the  Boston  Seminary  for  Young 
Ladies,  to  be  established  in  the  city  of  Boston,  with 
all  the  powers  and  requirements  contained  in  "  an 
act  concerning  corporations,"  passed  March  eighth, 
one  thousand  eight  hundred  and  thirty-three  ;  and 
said  corporation  may  hold  real  estate,  not  exceeding 
seventy-five  thousand  dollars  in  value,  and  personal 
property  not  exceeding  forty  thousand  dollars,  to  be 
devoted  exclusively  to  the  purposes  of  education. 

Sec.  2.  Be  it  further  enacted,  That  no  assess-  Assessment. 
ment  shall  be  made  upon  the  shares  of  said  corpo- 
ration beyond  the  amount  of  one  hundred  dollars 
upon  each  share,  and  the  shares  of  delinquent  pro- 
prietors may  be  sold  for  assessments,  in  such  man- 
ner as  may  be  provided  in  the  by-laws  of  the  corpo- 
ration. 

[Approved  by  the  Governor,  March  28,  1 833.] 


826 


WARREN  BRIDGE. 


March  28,  1833. 


Act  passed 
March  10,  1832, 
repealed. 


CHAP.  CCXVIII. 

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

JoE  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same,  That  "  an  act  to  author- 
ize Central  Bridge  Corporation  to  reduce  and  com- 
pound their  tolls,"  passed  March  10th,  1832,  be, 
and  the  same  is  hereby  repealed  :  provided  however, 
that  the  proprietors  of  the  Central  Bridge  shall  be 
authorized  to  reduce  the  tolls  for  passing  said 
bridge  to  the  same  rates  that  may  be  taken  at  Pa- 
tucket  bridge. 

[Approved  by  the  Governor,  March  28,  1833.] 


CHAP.  CCXIX. 


Toll  continued, 
&c. 


An  Act  concerning  Warren  Bridge. 

Sec.  1 .  Be  1^  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same.  That  the  toll  now  es- 
tablished by  law  for  passing  Warren  Bridge  across 
Charles  River,  be  and  hereby  is  continued  and 
established  until  the  last  day  of  the  first  session  of 
the  next  general  court ;  and  the  governor,  with  the 
advice   and  consent  of  the  council,  is  hereby  au- 


WARREN  BRIDGE.  March  28,  1833.  827 

thorized  to  place  toll  gatherers  to  collect  and 
receive  said  toll,  and  also  to  employ  such  other 
agents,  and  do  such  other  acts,  relative  to  said 
bridge,  and  the  collection  and  receipt  oi  the  toll,  as 
may  be    deemed  advisable.        Provided   however,  aii  monies  shaii 

,,,.,.,  .  be    held    by  the 

that  all  monies  which  may  be  received  according  Treasurer  of  the 

.  "^  ~  Commonwealth, 

to  the  provisions  of  this  act,  shall  be  held  by  the  &«. 
treasurer  of  the  Commonwealth,  subject  to  the 
order  of  the  legislature,  except  such  sum  as  is  pro- 
vided by  law  to  be  paid  by  the  proprietors  of  War- 
ren bridge  to  Harvard  University,  which  sum  shall 
be  paid  by  said  treasurer  to  said  university  upon 
warrant  to  be  drawn  by  the  governor,  after  posses- 
sion of  said  bridge  shall  be  taken,  as  is  hereinafter 
provided. 

Sec.  2.    Be  it  further  enacted,  That  the  by-laws.  Present  by. laws 

^  '  •'  '   &c.shall|contmue 

rules  and  regulations,  heretofore  established  by  the  '"  ^'"^^^■ 
proprietors  of  Warren   bridge,  and  now   in  force, 
shall  continue  to  be  in  force,  subject  to  such  modifi- 
cations as  the  governor  with  the  advice  and  consent 
of  the  council,  shall  see  fit  to  make  therein. 

Sec.  3.  Be  it  further  enacted,  That  the  sheriff 
of  the  county  of  Suffolk,  upon  being  thereto  requir- 
ed by  a  warrant  from  the  governor,  shall  deliver  to 
any  agent  or  agents  of  the  Commonvy^ealth  peacea- 
ble possession  of  said  bridge. 

Sec  4.   Be  it  further  enacted.  That  the  governor  SumTthe"de^ 
be,  and  he  hereby  is  authorized  to  assume  in  behalf  [^°''|„*'p/J^y" 
of  the  Commonwealth,  the   defence  of  the  suit  at  ^°'^''^'^'^- 
law,  now  pending  against  the  proprietors  of  Warren 
bridge,  and  others  in  the  supreme  court  of  the  Uni- 
ted   States,   to  employ  counsel   therein,   and  from 
time  to  time,  to  draw  his  warrant  upon  the  treasurer 
of  the  Commonwealth  for  such  sums  of  money  as 
103 


828  WARREN  BRIDGE.  iliarc/t  28,  1 833. 

may  be  necessary  for  that  purpose,  or  to  pay  for 
the  services  of  toll  gatherers  and  agents  to  be 
employed  as  is  herein  provided,  for  necessary  re- 
pairs, and  for  such  contingent  expenses  as  may 
accrue  in  the  care  of  said  bridge  ;  payment  thereof 
to  be  made  from  the  receipts  of  the  toll  of  said 
bridge  actually  in  the  treasury. 
Governor  and  Sec.  5.  Be  it  furthev  endcted,  That  the  governor 

Council  authori-  _  ^  '^ 

zed  to  settle  with  aud  couHcil  bc,  and  thev  hereby  are,  authorized  to 

Proprietors.  _  . 

settle  with  the  proprietors  of  the  Warren  bridge  for 
the  tolls  heretofore  received  by  the  said  proprietors, 
upon  just  and  equitable  principles,  allowing  to  the 
said  proprietors  the  expences  necessarily  incurred 
by  them  in  defending  the  suit  now  pending  against 
them  and  others,  in  favor  of  the  proprietors  of 
Charles  river  bridge,  and  such  other  expenses  as  the 
proprietorsof  Warren  bridge  have  been  by  law  au- 
thorized to  incur. 
Supreme  judi-         Sec.  6.     Be  it  further  enacted^  That  if  the  pro- 

cialCourt  author-  .  n      xxt  i      •  i  i      •  ,i 

ized  to  decide,  pnctors  ol  Warrcn  bridge,  upon  bcmg  thereto 
required  by  the  governor,  shall  fail  to  present  and 
settle  their  accounts  according  to  the  provisions  of 
the  next  preceding  section  of  this  act,  the  supreme 
judicial  court,  upon  the  application  of  the  attorney 
general,  (who  is  hereby  required  to  appear  before 
the  said  court  in  behalf  of  the  Commonwealth,)  be, 
and  they  hereby  are  authorized,  after  giving  due 
notice  to  said  proprietors,  that  they  may  be  heard 
thereon,  to  examine  their  accounts,  and  hear  any 
evidence,  which  may  be  adduced  before  them, 
concerning  the  same,  or  to  appoint  auditors,  if  they 
shall  see  fit,  for  the  examination  of  said  accounts, 
who  shall  make  report  to  said  court,  and  finally  to 
determine  what  sum,  if  any,  the  said  proprietors 
shall   have  received  above  the  sum   necessary  to 


WARREN  BRIDGE.  March  2S,  1833.  829 

reimburse  the  money  by  them  expended  in  and 
about  the  building  of  said  bridge,  and  other  neces- 
sary expenwses,  authorized  by  law,  to  be  by  them 
incurred,  with  five  per  cent,  interest  thereon  ;  and 
what  sum,  if  any,  the  Commonwealth  is  entitled  to 
receive  from  said  proprietors ;  to  decree  payment 
thereof,  and  to  pass  all  necessary  orders  and  de- 
crees, to  enable  the  Commonwealth  to  obtain 
payment  of  the  same.      Provided  nevertheless,  that.  Proprietors  to 

•  .  .  ...  S^'^'^  security. 

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

Sec.  7.    Be  it  further  enacted,  That  in  case  the  Expenses  shaii 

•  1  •     .  r  TXT  1     •   I  1      II  .  not  exceed  &c. 

said  proprietors  of  Warren  bridge  shall  retain  pos- 
session of  the  said  bridge,  pursuant  to  the  provision 
made  therefor  in  the  sixth  section  of  this  act,  the 


830  HIGHWAYS.  March  28,  1833. 

expences  to  be  incurred  by  them  shall  not  exceed 
the   sum   of    three   thousand   dollars,    unless   the 
governor,  with  the  consent  of  the  council,  shall 
authorize  such  excess. 
Outstanding  Sec.  8.     Be  it  further  enacted,  That  if,  after  a 

settlement  shall  be  had  of  the  accounts  of  the  said 
proprietors  of  Warren  bridge  with  the  Common- 
wealth, either  in  the  supreme  judicial  court,  or 
otherwise,  any  outstanding  claims  shall  be  presented 
against  the  said  proprietors,  the  governor  with  the 
consent  of  the  council,  is  hereby  authorized,  upon 
ascertaining  the  same  to  be  justly  due,  to  draw  his 
warrant  upon  the  treasurer  of  the  Commonwealth 
for  the  payment  thereof. 

[Approved  by  the  Governor,  March  28,  1833.] 


CHAP.  CCXX. 


An  Act  relating  to  Highways  in  the   Plantation  of 
Marshpee. 

Sec.  1.     jjE  i7  enacted  by  the  Senate  and  House 

of  Representatives  in  General  Court  assembled,  and 

Overseers  to      bu  the  authoritv  of  the  same,  That  it  shall  be  the 

keep  highways  in  .  f  n  r         i 

repair.  duty  of  the  ovcrsccrs  ot  the  plantation  of  Marshpee, 

in  the  county  of  Barnstable,  to  keep  in  repair,  at 
the  expense  of  said  plantation,  the  following  high- 
ways therein,  to  wit :  the  highway  leading  from 
the  village  of  Cotuit  to  Sandwich,  by  the  dwelling- 
house  of  Thomas  Goodspeed,  and  the  highway 
leading  from  said  Cotuit  to  Falmouth,  by  the  dwel- 


HIGHWAYS.  March  2S,  1833.  831 

ling-house  of  Ansel  Crocker,  and  the  highway 
branching  from  the  one,  last  aforesaid,  at  Marsh- 
pee  river,  and  leading  thence  to  the  village  of 
Waquoit,  except  such  parts  of  the  highways  afore- 
said as  pass  over  the  lands  of  white  persons  ;  and 
for  neglect  thereof,  they  shall  be  liable  to  be  pro- 
secuted by  indictment :  provided,  that  no  such  in-  Proviso. 
dictment  shall  be  sustained  unless  the  person  mak- 
ing complaint  to  the  grand  jury,  shall,  after  the 
court  then  next  preceding,  and  one  month  at  least 
before  the  sitting  of  the  court  at  which  the  com- 
plaint is  made,  have  given  to  said  overseers,  or 
some  one  of  them,  notice  in  writing  of  the  place  and 
nature  of  the  defect  complained  of. 

Sec.  2.  Be  it  further  enacted,  That  all  fines  im-  Fines,  how  ap- 

^  propriated. 

posed  by  the  court  for  any  neglect  of  the  duty  re- 
quired by  this  act,  shall  be  appropriated  for  the 
repair  of  the  highways  complained  of,  and  shall  be 
collected  of  said  overseers,  and  laid  out  by  an 
agent  appointed  by  the  court,  as  in  case  of  fines 
imposed  on  towns  for  like  neglect,  and  all  fines  and 
costs  paid  by  said  overseers  may  be  charged  in 
their  accounts  with  said  plantation. 

[Approved  by  the  Governor,  March  28,  1833.] 


882 


ATLAS  BANK. 


March  28,  1833. 


CHAP.   CCXXI. 


An  Act  10  establish  the  Atlas  Bank. 


Sec.  1 .  i>E  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
Persons  incorpo-  l)y  thc  authoritij  of  the  saMc,  That  Robert  Edes, 
James  Harris,  Benjamin  A.  Gould,  Richard  Fletch- 
er, and  Bradford  Lincoln,  Junr.,  their  associates, 
successors  and  assigns,  are  hereby  created  a  cor- 
poration by  the  name  of  the  President,  Directors 
and  Company  of  the  Atlas  Bank,  to  be  established 
in  Boston,  and  shall  so  continue  until  the  first  day 
of  October,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  fifty-one,  and  shall  be  entitled 
to  all  the  powers  and  privileges,  and  subject  to  all 
the  liabilities  and  requirements  contained  in  the 
act  of  one  thousand  eight  hundred  and  twenty- 
eight,  chapter  ninety-six,  the  act  of  one  thousand 
eight  hundred  and  thirty,  chapter  fifty-eight,  and 
the  second  section  of  •'  an  act  concerning  corpora- 
tions," passed  March  eighth,  one  thousand  eight 
hundred  and  thirty-three. 

Sec.  2.  Be  it  further  enacted,  That  the  stock 
of  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  two 
years  from  the  payment  of  the  first  instalment  into 
said  bank. 

Sec.  3.  Be  it  further  enacted,  Thar,  the  capi- 
tal stock  of  said  corporation  shall  consist  of  five 


Transfer  of 
stock. 


Shares. 


FORGERY  &  COUNTERF.       March  28,  1833.  833 

hundred  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,  the  whole  be  paid  in  within 
one  year  from  the  passing  of  this  act. 

[Approved  by  the  Governor,  March  28,  1833.] 


iiiff  or   counter- 


CHAP.  CCXXII. 


An  Act  in   addition   to  "  An  Act   Qgainst  Forgery 
and  Counterfeiting." 

Sec.  I.  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same,  That,  if  any  person  shall  penaiiy  for  forg- 
bring  into,  or  shall  have  in  his  possession,  within  leaing. 
this  state,  any  false,  forged,  and  counterfeit  bill  or 
bills,  note  or  notes,  in  the  similitude  of  the  bills  or 
notes  payable  to  the  bearer  thereof,  issued  by,  or 
for  any  bank  or  banking  company,  which  shall 
purport  to  be  established  in  any  of  the  British  Pro- 
vinces in  North  America,  or  vvithin  any  other  for- 
eign state  or  government,  for  the  purpose  of  ren- 
dering the  same  current  as  true,  or  with  intent  to 
pass  the  same,  knowing  the  same  to  be  false,  forged 
and  counterfeit,  every  such  offender,  upon  the 
conviction  thereof,  shall  be  punished  by  solitary 
imprisonment,  for  such  term,  not  exceeding  three 
months,  and  by  confinement  afterwards  to  hard 
labor  for  such  term,  not  exceeding  three  years,  or 


834  FORGERY  &  COUNTERF.       March  2S,  1833. 

by  a  fine,  not  exceeding  one  thousand  dollars,  and 
imprisonment  in  the  common  gaol,  not  exceeding 
one  year,  as  the  court,  before  whom  the  conviction 
may  be,  shall  sentence  and  order,  according  to  the 
aggravation  of  the  offence. 
Punishment  in        Sec.  2.  Be  it  farther  enacted.  That,  if  any  per- 

case  of  offence.  ^  •'    * 

son  shall  engrave,  form,  make  or  mend,  or  shall 
begin  to  engrave,  form,  make  or  mend  any 
plate  or  plates,  paper,  rolling  press,  or  other  tool, 
instrument  or  material,  devised,  adapted  and  de- 
signed for  the  stamping,  forging,  and  making  any 
false  and  counterfeit  bills  or  notes,  which  have  been, 
or  which  shall  be  issued  by  or  for  any  bank  or 
banking  company,  which  is  or  shall  be  established 
in  any  of  the  British  Provinces  in  North  Ameri- 
ca, or  within  any  oiher  foreign  state  or  govern- 
ment, or  shall  have  in  his  possession  any  such 
plate  or  plates,  engraven  in  any  part,  or  any  paper, 
rolling  press,  or  other  tool,  instrument  or  m.aterial, 
devised,  adapted  and  designed,  as  aforesaid,  with  the 
intent  to  use  and  employ  the  same,  or  to  cause  or 
permit  the  same  to  be  used  and  employed,  in  forg- 
ing and  making  any  such  false  and  counterfeit 
bills  or  notes,  every  person  so  offending,  who  shall 
be   thereof  duly  convicted,  shall   be  punished   by 

Form  of  punish- solitary  imprisonment  for  such  term,  not  exceed- 
ing three  months,  and  by  confinement  afterwards 
to  hard  labor  for  such  term,  not  exceeding  three 
years,  or  by  fine,  not  exceeding  five  hundred  dol- 
lars, and  by  imprisonment  in  the  common  gaol,  for 
such  term,  not  exceeding  one  year,  as  the  court, 
before  whom  the  conviction  may  be,  shall  sentence 
and  order,  according  to  the  aggravation  of  the  of- 
fence. 

Testimony  of  Sec.  3.  Bc  it  further  enacted.  That  in  all  prosecu- 

president  ma^  be  ./  '  i 

dispensed  with. 


FORGERY  &  COUNTERF.       March  28,  1833.  835 

tions  for  offences  described  in  the  first  section  of 
this  act,  the  testimony  of  the  president  or  cashier  of 
any  of  the  banks  in  said  British  Provinces,  or  in 
such  other  foreign  state  or  government,  may  be  dis- 
pensed with  ;  but  in  all  such  cases  it  shall  be  law^- 
ful  to  admit  the  testimony  of  any  witness  acquaint- 
ed with  the  signature  of  the  officers  of  said  banks, 
or  who  may  have  knowledge  of  the  difference  be- 
tween the  true  and  the  counterfeit  bills  or  notes  of 
said  banks,  to  prove  that  such  bills  or  notes  are 
counterfeit ;  any  law  or  practice  to  the  contrary 
notwithstanding. 

Sec.  4.  Be  it  further  enacted,    That  the  several  counshavinff 

^  cognizance,  &c. 

courts  having  cognizance  of  offences  under  the  act 
to  which  this  is  in  addition,  shall  have  cognizance 
in  like  manner  of  all  offences  under  this  act. 

[Approved  by  the  Governor,  March  28,  1833.] 


106 


^Jif^ 


Erratum. — Page  724,  5th  line  from  bottom,  for  offered,  read  offer. 


(Sratnttiontoealtift  cif  J^jjssa^cliufijttts* 


SECRETARY'S  OFFICE,  MAY  17,  1833. 

I  HEREBY  CERTIFY,  that  I  have  compared  the 
printed  copy  of  Acts  contained  in  this  Pamphlet 
with  the  Original  Acts,  as  engrossed  on  parchment, 
and  remaining  in  this  Office,  and,  with  the  excep- 
tion of  the  above  Erratum,  find  the  same  to  be  cor- 
rect. 

EDWARD  D.  BANGS, 

Secretary  of  the  Commonwealth. 


INDEX 

TO  THE  LAWS, 

FROM  JXJWtH,  1831,  TO  MARCS,  1833,  IITCIiVSIVE. 


A. 

Academy,  Egremont,  proprietors  of,  incorporated,          .        .        .  182 

"          Pawtucket,  incorporated, 232 

"         Fellenberg,  in  Greenfield,  incorporated,          .         .         .  258 

"          Millbury,  incorporated, 327 

"         Worcester  Female,  incorporated, 374 

"          Lynn,  incorporated,          ...*...  394 

"         Dorchester,  trustees,  &c.  of,  incorporated,       .         .         .  439 

"         in  Adams,  incorporated, 446 

"          Goodale,  incorporated, 504 

"          Westminster,  incorporated, 507 

"         Central  Village,  in  Dracut,  proprietors  of,  incorporated,  567 

"         Edgartown,  proprietors  of,  incorporated,         .         .         .  595 

"         Dukes  County,  incorporated, 608 

"         Franklin,  in  Shelburue,  incorporated,     ....  710 

"         Randolph,  incorporated, 749 

"          of  Music,  Boston,  incorporated, 812 

Actions  at  Law,  further  provisions  respecting  parties  in,  in  certain 

cases.     (See  also  Parties  and  Writs.) 794 

Adams  Bank,  incorporated, 311 

Agencies  of  Insurance  Companies  belonging  to  other  States,  pro- 
visions respecting,  (See  also  Insurance  Companies.)      .        .  430 
Agricultural  and  Mechanic  Association,  Maiden,  incorporated,        .  783 
Aliens,  estates  of;  administration  how^  granted,  &c.         .         .         .  635 
American  Society  for  encouraging  settlement  of  Oregon  Territory, 

incorporated, 132 

Amherst  Bank,  name  of,  &c.  to  be  taken  by  Sunderland  Bank,      .  37 

Andover  Bank,  capital  stock  of,  increased, 198 


11 


INDEX. 


Andover,  parsonage  lands  in   South  Parish  of,   interest  of  fund 

arising  from,  how  paid,  &c 

"        and  Wilmington  Rail  Road  Corporation  established, 
"        Bank,  capital  stock  of,  increased,      .... 
Appeals  in  criminal  cases  regulated,         ..... 
"        from  judgments  of  C.  C  Pleas,  further  provisions  con 

cerning, 

Apponaganset  River,  wharves  may  be  extended  into, 

Assessment  of  taxes,  further  regulated, 

Assessors  of  towns,  &c.  not  to  be  responsible  for  assessments  on 

school  districts,  in  certain  cases, 

Atlas  Bank,  in  Boston,  established, 

Attachment,  and  execution,  fuel,  to  certain  extent,  exempted  from 
Attachments  on  mesne  process,  further  provisions  concerning. 
Attorney  General,  appointment,  powers  and  duties  of,  prescribed, 
Attornies  for  Commonwealth,  (see  District  Attornies.)     . 
Atwood,  Pain  G.  authorized  to  build  bridge  in  Wellfleet, 
Auction,  duties  on  sales  at,  regulated,  in  case  of  turnpike  shares, 
canal  shares,  &c 


605 
645 
727 
397 

472 

288,  535 
461 

753 
832 

262 

462 

403-406 

638 

623 


B. 


Bank,  Mechanics'  in  New  Bedford,  incorporated,    . 

"  Sunderland,  location  and  name  of,  changed  to  Amherst, 

"  Newburyport,  authorized  to  close  its  concerns, 

"  Commercial,  in  Boston,  incorporated,    . 

"  Oriental,  in  Boston,  incorporated, 

"  Andover,  capital  stock  of,  increased, 

"  Gloucester,  capital  stock  of,  increased,  . 

"  Oriental,  capital  stock  of,  increased, 

"  Fitchburg,  incorporated,         .... 

"  Franklin,  capital  stock  of,  increased, 

"  Merchants,  in  Boston,  capital  stock  of,  increased, 

"  Charles  River,  in  Cambridge,  incorporated,   . 

"  Rail  Road,  capital  stock  of,  increased,    . 

"  Merrimack,  capital  stock  of,  increased, 

"  Lowell,  capital  stock  of,  increased, 

"  Market,  in  Boston,  incorporated,    . 

"  Warren,  in  Danvers,  incorporated, 

"  Concord,  incorporated, 

"  Old  Colony,  in  Plymouth,  incorporated, 

"  Marine,  in  New  Bedford,  incorporated, 

"  Adams,  incorporated, 

"  Mercantile,  in  Boston,  incorporated, 

"  Bristol  County,  in  Taunton,  incorporated, 


31 
37 
43 
47 
142 
198 
264 
265 
268 
270 
273 
274 
276 
277 
278 
290 
304 
306 
308 
309 
311 
331 
347 


INDEX. 


Ill 


Bank,  Danvers,  capital  stock  of,  increased, 

"  Dedham,  capital  stock  of,  increased, 

"  of  Brighton,  incorporated, 

"  Meudon,  may  redeem  bills  in  Boston,     . 

"  Wrentham,  incorporated, 

"  Charlestown,  incorporated, 

"  Phcenix,  in  Charlestown,  incorporated,  . 

"  Union,  of  Weymouth  and  Braintree,  incorpoi'ated, 

"  Dorchester  and  Milton,  incorporated,     . 

"  Savings,  for  Seamen,  in  Boston,  incorporated, 

'•  Mercantile,  in  Boston,  name  of,  changed,  &c. 

"  Ocean,  in  Newburyport,  established, 

"  Nahant,  established, 

"  Wareham,  established, 

"  Barnstable,  capital  stock  of,  increased,  . 

"  Andover,  capital  stock  of,  increased, 

"  Northampton,  established, 

"  Mechanics  in  Newburyport,  capital  stock  of,  increased, 

"  Hingham,  established, 

"  Framingham,  established, 

"  Duxbury,  established, 

"  Merchants'  in  Newburyport,  capital  stock  of,  increased 

"  Greenfield,  capital  stock  of,  increased,  . 

"  Marine,  in  New  Bedford,  capital  stock  of,  increased, 

"  Ipswich,  established,       ...... 

"  South,  in  Boston,  established,         .... 

"  Quinsigamond,  in  Worcester,  established, 

"  People's,  in  Roxbury,  established,           ... 

"  Hancock,  in  Boston,  established,    ... 

"  Brighton,  time  for  settling  concerns  of,  extended, 

"  Winnisimmet,  in  Boston,  established,     . 

"  Atlas,  in  Boston,  established, 

"  Bills,  further  provisions  against  counterfeiting  of, 

Banking,  private,  prohibited, 

Baptist  Church  Fund   in  Randolph,   trustees   of,    empowered   to 
change  name  of  Randolph  to  Stoughton, 

"  Society,  first  in  Troy,  incorporated,     . 

«  "        second  in  Taunton,  incorporated,  . 

«  "        first  in  Stoughton,  may  authorize  trustees 

real  estate, 

"  "        first  in  Lynn,  incorporated,    . 

''  "        in  Lowell,  second,  incorporated,     . 

"  "        second  in  Cambridge,  incorporated, 

"  Church,  South,  in  Boston,  incorporated, 
Barnstable  County,  term  of  C.  C.  P.  in,  altered, 


to  sell 


366 
3G7 
372 
377 
379 
389 
391 
424 
432 
601 
626 
706 
716 
718 
726 
727 
738 
740 
741 
742 
743 
745 
746 
747 
748 
750 
751 
752 
754 
762 
795 
832 
833 
814 

64 

83 

617 

708 
709 
807 
813 
816 
565 


iv  INDEX. 


Barnstable  County  Mutual  Fire  Ins.  Company,  incorporated, 


585 


"          Bank,  capital  stock  of,  increased, 726 

Bass  River  Lower  Bridge,  proprietors  of,  incorporated,   .         .        .  408 

"         "     Bridge,  may  be  removed  by  proprietors,         .         .        i  769 

"        "     Upper  Bridge,  proprietors  of,  incorporated,    .         .         .  770 

Beach  Grass,  destruction  of,  prevented,  in  Provincetown  and  Truro,  713 

Beaman  Manufacturing  Company,  in  West  Boylston,  incorporated,  7 

Beef  and  Pork,  inspection  of,  further  regulated,       ....  61 

"       "        "     how  packed  and  branded, ib 

"       "         "     inspection  of,  in  other  States,  not  required,     .         .  63 

Beef  Cattle,  slaughtering  and  weighing  of,  regulated,       .        .         .   '  809 

Bellingham  and  Franklin,  line  between,  estabUshed,         .         .         .  233 

"             Cotton  Manufacturing  Company,  incorporated,    .         .  271 

Belvidere  Female  Seminary,  in  Tewksbury,  incorporated,       .         .  772 

Berkshire  and  New-York  Rail  Road  Company,  established,    .         .  293 

Blandford,  school  fund  in  3d  district  of,  further  provisions  concerning,     623 

Board  of  Health,  in  Charlestown,  further  provisions  concerning,     .  447 

Boston  and  Hingham  Steam  Boat  Company,  incorporated,     .         .  28 

"      surveyors  of  highways  in,  authorized  to  macadamize  streets,  35 

"      and  Lowell  Stage  Company,  incorporated,           ...  59 

"      City  of,  number  of  representatives  for,  to  be  fixed  in  the 

month  of  October,  annually, 79 

"      Wrought  Nail  Company,  incorporated,         ....  81 

"      Free  Bridge,  further  provisions  respecting  piers,  &c.  at,       .  89 
"      Members  of  Fire  Department  in,  may  be  relieved  by  city 

council,  in  certain  cases,    ......  96 

"      and  Taunton  Rail  Road  Company,  established,    .         .         .  100 

"      and  Providence  Rail  Road  Corporation,  incorporated,          .  109 

"      and  Ontario  Rail  Road  Corporation,  established,           .         .  118 

"      Porcelain  Company,  incorporated, 131 

"      South  Bridge,  may  be  transferred  to  city,     ....  151 

"      and  Worcester  Rail  Road  Corporation,  established,      .         .  152 

"      and  Barre  Company,  incorporated, 173 

"      Lying-in  Hospital,  incorporated, 196 

"      and  Providence  Rail  Road  Corporation,  further  provisions 
concerning-  its  franchise,  location  of  road,  transfer  of 

stock,  &c 280, 497 

"      and  Lowell  Rail  Road  Corporation,  further  provisions  con- 
cerning its  franchise,  &c.    .         .         . .        .         .         .  314 

"      Port  Society,  further  provisions  for  regulation  of,         .         .  358 
"      and  Taunton  Rail  Road  Corporation,  further  provisions  re- 
specting its  franchise,  &c 361 

"      South  Bridge,  may  be  discontinued  unless  purchased  by  city,  423 
"      and  Worcester  Rail  Road  Corporation,  further  provisions 

concerning, 450,  625 


INDEX.  V 

Boston  Mutual  Fire  Insurance  Company,  incorporated,           .        .  530 

'•      Steam  Factory,  incorporated,        ......  572 

"      Lying-in  Hospital ;  evidence  of  its  records  how  perpetuated,  573 
"      Mayor  and  Aldermen  of,  to  have  further  powers  respecting 

watch, 578 

*•      Copper  Mining  Company,  incorporated,       ....  619 
"      and  Roxbury  Mill  Corporation,  required  to  build  certain 

dam,  &c 680 

"      and  Norwegian  Coal  Company,  incorporated,       .         .         •  687 

"      Mayor  and  Aldermen  of,  may  grant  licenses  for  Chelsea,     .  688 

"      Directors  of  house  of  industry  in,  how  appointed,       .         .  692 
"      Streets  in,  further  provision  for  regulation  of,  &c.         .          694,  774 

"      Farm  School,  proprietors  of,  incorporated,           .         .         .  703 

"      and  Walpole  Woollen  Manufacturing  Company,  incorporated,  712 

"      storage,  &c.  of  gunpowder  in,  further  regulated,          .         .  728 

"      Phrenological  Society,  incorporated, 758 

"      Musical  Professional  Society,  incorporated,          .        .         .  760 

"      Insurance  Company,  capital  stock  of,  increased,           .         .  762 
"      Mayor  and  Aldermen  of,  may  have  powers  in  relation  to 

laying  out  certain  streets, 774 

"      Book  and  Paper  Manufacturing  Company,  incorporated,      .  811 

•*      Academy  of  Music,  incorporated.         .....  812 

"      Seminary  for  Young  Ladies,  established,     ....  825 

Boundaiy  Line,  between  Bellingham  and  Franklin,  established,      .  233 

"             "      between  Franklin  and  Medway,  established,           •  235 

"             "      between  Sharon  and  Foxborough,  established,       .  510 

Braintree  and  Weymouth  Coal  Company,  incorporated,           .         .  455 

Bridge,  Pitcher  Great,  in  Norwich,  provisions  for  rebuilding  and 

maintaining,        . 82 

"         Boston  South,  franchise  of,  may  be  transferred  or  surrendered,  151 

"         Point,  in  Gloucester,  company  incorporated  for  building,    .  282 
"        over  Connecticut  River,  between  Sunderland  and  Deerfield, 

further  provisions  concerning, 353 

"         in  Newton,  hereafter  to  be  supported  by  town  of  Newton,  375 

"         Corporation,  Central,  may  reduce  and  compound  tolls,        .  376 
"         and  Turnpike  Corporation,  Hinghaai  and  Quincy,  further 

provision  respecting  piers,  &c.  and  passing  of  vessels,  381 

"         over  Bass  River,  proprietors  of,  incorporated,       .         .         .  408 

"        over  Broad  Cove,  in  Bristol  County,  authorized,          .         .  412 

"        Boston  South,  may  be  discontinued  unless  purchased  by  city,  423 

"         Warren,  provision  for  continuing  toll,  &c.  in  certain  cases,  488 

"        Company  in  Dartmouth,  meeting  of,  how  called,        .         .  608 

"        in  Wellfleet,  authorized, 638 

"         Tenean  Free,  in  Dorchester,  authorized,      ....  ib. 

"         Bass  River,  may  be  removed  by  proprietors,        .        .         .  769 


vi  INDEX. 

Bridge,  Bass  River  Upper,  proprietors  of,  incorporated,            .         .  770 
"         Corporation,  Central,  anthority  of,  to  reduce  and  compound 

tolls,  rescinded, 826 

"         Warren,  further  provisions  concerning,        ....  ib. 

Brighton  Bank,  time  for  settling  concerns  of,  extended,  .        .         .  762 

Bristol  Print  Works,  incorporated, 555 

Broad  Rimmed  Wheels,  act  providing  for,  suspended  in  operation,  445 


c. 


'267 
427 
640 
20 
212 


Cabot  Manufacturing  Company,  in  Springfield,  incorporated, 
Cambridge,  further  provisions  respecting  fire  department  in,    . 

"  Mutual  Fire  Insurance  Company,  incorporated, 

Canal  Company,  Springfield,  incorporated,      .... 

"      in  Ipswich,  may  be  constructed  by  Ipswich  Man.  Company 

"      Hampshire  and  Hampden,  further  time  allowed  for  completing,  233 

"      Companies,  &c,  petitions  for,  to  be  accompanied  with  plans,  763 

Central  Coffee  House  Company,  in  Hopkinton,  incorporated,           .  68 

"      Bridge  Corporation,  may  reduce  and  compound  tolls,    .         .  376 

"      Mills  Corporation,  act  incorporating,  revived  and  continued,  ib. 

"      Wharf  Company,  in  Yarmouth,  incorporated,       .         .         .  549 

"      Village  Academy  in  Dracut,  proprietors  of,  incorporated,      .  567 

"      Bridge  Corporation  ;  act  repealed  authorizing  reduction  of  tolls,    826 

Centralville  Cotton,  &c.  Manufacturing  Company  in  Stockbridge, 

incorporated, 509 

Change  of  names,  authorized, 140,383,797,815 

Charcoal,  admeasurement  of,  regulated, 793 

Charitable  Fire  Society,  Massachusetts,  further  empowered  in  dis- 
posal of  funds, 36 

"          Society,  Marblehead,  incorporated,          .         .         .         .  272 
"          Association  of  Salem  Fire  Department,  incorporated,     .  553 
Charles  River  Bank,  in  Cambridge,  incorporated,    ....  274 
Charlestown  Fire  and  Marine  Insurance  Company,  name  and  loca- 
tion of,  altered, .  49 

"          Town  of,  may  accept  surrender  of  part  of  Salem  turnpike,  67 

"          Dock  Company,  incorporated, 213 

"          Bank,  incorporated, 389 

«          Board  of  Health  in,  further  provisions  conceniing,         .  447 

"          Female  Seminary,  trustees  of.  incorporated,   .         .         .  577 

Chatham  Harbor,  provisions  for  improvement  of,    .         .        .         .  208 

Chelsea,  connection  of,  with  Boston,  further  provisions  respecting,  136 

«         town  of,  licenses  in,  how  granted, 688 

Christian  Union  Society,  first  in  Troy,  incorporated,        .        .         .  71 

"          Baptist  Society,  in  Westport,  incorporated,      .         ,         .  326 

«          Society,  North,  in  New  Bedford,  incorporated,        .        .  654 


INDEX. 


Vll 


City  Wharf,  in  Boston,  lessees  of,  incorporated,        ....  216 

"    Mutual  Fire  Insurance  Company,  incorporated,       .         .         .  681 

Clerks  of  Court,  further  provisions  respecting  excise  duties  paid  by,  97 

"       of  Towns,  to  record  mortgages  of  personal  property,           •  460 

"       of  School  Districts,  how  sworn  in  certain  cases,           .         .  604 
"       of  Courts,  how  to  account  for  and  pay  over  fees  arising  in 

S.J.  Court, 636 

"       of  Towns,  duties  of,  regulated  as  respects  returns  of  votes,  71 1 

"       of  Courts,  further  provisions  concerning  their  fees,  &c.        .  759 
Collectors  of  Taxes  to  furnish  selectmen  of  towns  with   lists  of 

those  who  have  paid  tax, 637 

Commercial  Insurance  Company,  in  Nantucket,  incorporated,         .  3 
"                    "                "                        "         may  increase  capi- 
tal stock,     .         .  171 
"                    "                 "            in  Boston,  incorporated,     .         .  9 

"             Bank,  in  Boston,  incorporated, 47 

"             Wharf  Company,  in  Boston,  incorporated,  .         .         .  246 

•'            Insurance  Company,  may  hold  additional  real  estate,  822 
Companies,  (see  Insurance  Companies,  Manufacturing  Companies, 
Rail  Road  Companies,  Canal  Companies,  and   Stage 

Companies.) 

Concord  Manufacturing  Company,  incorporated,     .         .         .         .  179 

"       Bank,  incorporated, 306 

Congregational  Society,  first  in  Sutton,  further  empowered,  respect- 
ing taxes, 45 

"              Society,  Pine  street,  in  Boston,  incorporated,           .  77 
"               Parish,  first  in  Milton,  may  sell  ministerial  land,     .  226 
"              Meeting-house,  third  in  Lowell,  iiroprietors  of,  incor- 
porated,       420 

"              Society,  Salem  street,  in  Boston,  incorporated,         .  543 

"                    "        South,  in  Lowell,  may  tax  pews,        .        .  700 

Congress,  returns  of  votes  for  members  of,  further  regulated,          .  169 

"        election  of  members  of,  not  to  take  place  in  Nov.  1832,  484 

"         districts  for  choice  of  members  of,  arranged,   .         .         .  589-591 

"         members  of,  how  chosen, 591-595 

«        duties  of  town  oflicers,  sheriffs,  &c.  respecting  choice  of 

members  of,         .         . 592 

"         proceeding's  in  case  of  vacancies  in,  regulated,         .         .  593 

"         former  acts  respecting,  repealed, 595 

Constables,  collectors,  &c.  duties  of,  in  collection  of  taxes,  further 

regulated, 134 

"           in  town  of  Salem,  provisions  respecting  appointment  of,  698 
Convicts  in  State  Prison,  on  second  and  third  sentences,  further 

provisions  respecting,    ....  279,  618 
«  "  «      rations  of,  further  regulated,   .        .        .  395, 588 


viii  INDEX. 

Convicts  in  Houses  of  Correction,  provisions  respecting  government  of,  483 

"       poor,  provisions  for  relief  of, 503 

Corporations,  liable  to  trustee  process, 470 

"           meetings  of,  liowr  called  and  organized  in  certain  cases,  562 
"           general  powers  of,  defined,  where  no  special  provis- 
ion is  made,     ........  615 

"           how  organized,  &c.    .......  616 

"           manufacturing,  &c.  process  on,  how  served,       .        .  690 

Counterfeiting  and  Forgery,  further  pi'ovisions  for  prevention  of,    .  833 
County  Commissioners  of  Hampshire,  to  cause  bridge  in  Norwich 

to  be  rebuilt,     ......  82 

"                "                may  lay  out  turnpikes  as  common  highways,  720 
Court,  Supreme  Judicial,  criminal  jurisdiction  of,  with  certain  ex- 
ceptions, transferred  to  C.  C.  Pleas,       .  396 
"               "            "        may  hear  in  equity  cases  between  co-ex- 
ecutors, &c. 465 

^'  "  "         fees  in,  how  accounted  for  and  paid  by 

Clerks, 636 

"  "  "         may  authorize  payments  to  married  wo- 

men, in  absence  of  their  husbands,  in 

certain  cases,          .....  693 
"               "            "         may  appoint  trustees  to  collect  outstand- 
ing  claims   of    Insurance    Companies, 

when  charter  has  expired,     .         .         .  717 
"               "            "         provisions  respecting  trustee  process  in, 

in  certain  cases, 759 

"       of  Common  Pleas,  term  of,  in  County  of  Frankhn,  altered,  86 
"        "         "              "      to  have   enlarged  criminal  jurisdiction, 

(see  also  Criminal  Cases.)     .         •         .  396 

"        "         "               "      further  provisions  respecting  appeals  from,  472 
"        "         "              "     in  Counties  of  Barnstable,   Dukes   and 

Nantucket,  terms  of,  altered,        .         .  565 

"       Police,  in  Salem,  established,         ......  146 

"            "      in  Newbury  and  Newburyport,  provided  for,  conditionally,  435 
*'            "     in  Lowell,  established  and  regulated,          .         .         .  580-583 

«             "      in         "      when  to  go  into  operation,         .         .         .  653 
«             "      in  Newburyport,  established  and  regulated,        .         .  788-793 

Courts  of  Probate,  in  Middlesex,  terms  of,  established,    .         .         .  443 
"       "          "        judges  of,  may  appoint  guardians  of  minors,  &c. 

on  unincorporated  lands,         ....  534 

«       "          "        judges  of,  may  make  allowance  to  widows,  &c.  547 
"       "          "        proceedings  in,  as  respects  estates  of  aliens,  fur- 
ther regulated, 635 

"      "         "        may  grant  leave  to  claimants  on  insolvent  es- 
tates to  institute  suits  in  certain  cases,    .        .  784 


INDEX. 


IX 


Criminal  Jurisdiction,  act  concerning,  postponed  in  operation,         .  132 

"       Cases,  jurisdiction  of,  to  be  had,  with  certain  exceptions, 

exchjsively  by  Court  of  Common  Pleas,     .         .  396 

"  "     returns  of  processes,  recognizances,  &c.  in,  how  made,    397 

"  "     appeals  in,  how  made  and  allowed,         ,         .         .  397,  398 

"  "     new  trials  in,  may  be  granted,         ....  ib. 

"  "      exceptions  in,  how  taken, 399 

"  "      proceedings  in,  when  carried  to  S.  J,  Court,  .  400 

"  "     empanncUing  of  grand  jurors  in,  regulated,    .         .  401 

"  "      proceedings  in,  when  capital,         ....  401,  402 

"  "     appointment  and  duties  of  prosecuting  officers  in, 

regulated, 403-406 

"            "     Commonwealth  divided  into  districts  for  prosecu- 
tion of, ^      .         .        .  404-406 

"  "      act  respecting,  when  to  take  effect,         ,         .         .  407 

Crombie  Street  Church,  in  Salem,  proprietors  of,  incorporated,       .  560 

Curtisville  Cotton  Man,  Company,  in  Stockbridge,  incorporated,     .  55G 


D. 


Dana  Manufacturing  Company,  in  Groton  and  Shirley,  incorporated,  393 

"                 "                    "           further  empowered,        .         .         .  548 

Danvers  Bank,  capital  stock  of,  increased, 366 

Dartmouth  Bridge  Company,  meeting  of,  how  called,      .         .         .  608 

Debt,  action  of,  for  escape,  abolished,       ......  702 

Debtors,  fuel  belonging  to,  when  exempted  from  attachment,           .  262 

Dedham  Bank,  capital  stock  of,  increased,        .....  367 

Deputy  Sheriffs,  Special,  may  be  appointed  in  certain  eases,  .         .  815 
District  Attornies,  appointment,  powers  and  duties  of,  prescribed, 

(see  also  Criminal  Cases.)  .         .         ....  404-407 

Districts,  Congressional,  certain  provisions  concerning,  continued 

in  force, 484 

«  "  newly  arranged, 589-591 

Dock  Company,  in  Charlestown,  incorporated,         ....  213 

Dorchester,  trustees  of  first  parish  in,  incorporated,          ...  32 

"            certain  land  set  off  from  Dedham,  and  annexed  to,        .  76 

"            and  Milton  Bank,  incorporated, 432 

♦'            Academy,  proprietors,  &c.  of,  incorporated,          .        .  439 

Dukes  County,  destruction  of  grouse  or  heath  hen  in,  forbidden,    .  442 

"             "         term  of  C.  C.  P.  in,  altered,     .         •         .         .         .  565 

"            "         Academy,  incorporated, 608 

Duxbury  Bank,  established, 743 

Dyer  Pocket  Book  Manufacturing  Company,  in  Boston,  incorporated,  529 


INDEX. 


E. 


East  Boston  Company,  incorporated, 

"         "       Wliarf  Company,  incorporated,    . 
Edgartown,  wharves  at,  authorized  or  confirmed,   . 
"  Academy,  proprietors  of,  incorporated, 

Edwards  Church  Society,  in  Northampton,  incorporated 
Eel  Fishery,  at  Muskeeket,  preserved,     . 
Egremont  Academy,  proprietors  of,  incorporated,   . 
Elections  of  Representatives  in  General  Court,  further 

concerning, 

"         "    Members  of  Congress,  further  regulated, 


735 

775 

204,  214,  542,  766 

595 

,       .        .  773 

817 

182 

provisions 

.  79,139 
.  169,589-595 


further  provisions  respecting,  as  relates  to  lists  of  voters,  &c.    637 


"  "  "  "  returns  of  votes  at,  &c.     . 

Electors  of  President  and  Vice  President,  choice  of,  regulated. 
Endorsement  of  Writs,  &c.  further  regulated,  (see  also  Writs.) 
Episcopal  Church,  St.  Stephens,  in  Pittsfield,  incorporated,     . 

"  "       St.  Thomas',  in  Taunton,  incorporated, 

"  "       St.  James',  in  Roxbury,  incorporated, 

Escape,  action  of  debt  for,  abolished, 

Etna  Insurance  Company,  name  of,  changed,  &c 

Excise  duties,  paid  by  Clerks  of  Courts,  further  regulated, 
Executors  and  Administrators,  controversies  between,  how  tried  in 

equity,  in  certain  cases, 

"  "  "  on  insolvent  estates,  powers  and  du- 

ties of,  in  certain  cases. 


F. 


Fairhaven  Seamen's  Friend  Society,  incorporated, 

Farm  School,  proprietors  of,  incorporated, 

Felienberg  Academy,  in  Greenfield,  incorporated,   . 

Female  Seminary,  in  Charlestown,  trustees  of,  incorporated, 

"  "  in  Tewksbury,  incorporated, 

"  "  in  Boston,  establislied, 

Feny,  New  Bedford  and  Fairhaven,  proprietors  of,  incorporated, 

Fire  Department,  in  Boston,  provisions  for  relief  of  its  members  in 

certain  cases,     ..... 

"  "  in  Troy,  established,     .... 

"  "  in  Cambridge,  established,    . 

««  "  in  Salem,  Charitable  Association  of,  incorporated 

Firemen's  Insurance  Company,  in  Boston,  incorporated, 

Fishery  in  Taunton  Great  River,  fijrther  regulated, 

"     in  Monatiquot  River,  in  Braintree,  further  regulated. 


711 

485 
563,  -564 
251 
382 
533 
702 
222 
97 

465 

784 


359 

ro3 

258 
577 
772 

825 
362 

96 
414 
427 
553 

22 

228,  378 

257 


INDEX. 


XI 


Fishery  in  Memmack  River,  further  regulated, 

"      in  Nem-isket  River,  further  provisions  concerning,     . 
"      Company,  Naumkeag,  &c.  in  Salem,  incorporated,     . 
"      Eel,  at  Miiskeeket,  in  town  of  Nantucket,  preserved, 
Fishing  Company,  Skinnaquits,  incorporated, 

"      Insurance  Company,  in  Provincetown,  incoi-porated, 

"  "  "  "  "  further  powers  granted  to, 

"  "  "  power  of  underwriting  extended, 

Fitchburg  Bank,  incorporated, 

Forgery  and  Counterfeiting,  further  provisions  for  prevention  of, 
Foundry,  Mill  Dam,  incorporated,    .... 
Foxborough  and  Sharon,  line  between,  established, 

"  part  of,  set  to  Walpole, 

Framingham,  part  of  Holliston  annexed  to,     . 

"  Bank,  established,       .... 

Franklin,  County  of,  term  of  C.  C.  I'leas  in,  altei-ed, 

"         town  of,  line  between,  and  Bellingham  and  Medway,  es- 
tablished,        

"         Coal  Company,  incorporated,  .... 

"  "  "  further  provisions  concerning, 

"         Bank,  capital  stock  of,  increased,     . 
"         Rail  Road  Company;  further  provisions  concerning  its 
franchise,  &c.         ....... 

"         Labor.'itory,  in  Roxbury,  incorporated,     . 

"  "  capital  of,  increased,      .... 

"         Academy,  in  Slielburue,  incorporated, 
Fredonian  Manufacturing  Company,  in  Shirley,  incorporated. 
Free  Bridge,  in  Boston,  provision  respecting  construction  of  piers, 

&c.  at, 

Fuel,  exempted  from  attachment  to  certain  amount, 
Fulton  Manufacturing  Company,  in  Boston,  incorporated, 
Fund,  Church,  first  Baptist  in  Randolj)h,  changed  to  Stoughton, 
"       Ministerial,  trustees  of,  in  first  parish  of  Beverly,  incorporated, 
"  "  trustees  of,  in  first  Cong,  parish  in  Randolph, 

incorporated,   ....... 

"                "          in  Berkley,  further  provisions  concerning,  . 
"                "          in  first  parish  of  Groton,  further  provisions  con- 
cerning,   


260 
707 
755 
817 
162 
348 
538 
571 
268 
833 

95 
510 
805 
528 
742 

86 

233 
221 

448 
270 


292 
449 
634 
710 
215 

89 
202 
321 

64 
180 

205 
211 

368 


G. 


General  Court,  petitions  to,  notice  of,  how  given,    .         .         .        .85,  263 
Gloucester,  jurisdiction  of  land  in,  ceded  to  the  United  States,  for 

lighthouse, 87 

"  Bank,  capital  stock  of,  increased, 264 


Xll 


INDEX. 


Goodale  Academy,  incorporated, 

Granite  Railway  Company,  duration  and  powers  of,  extended, 

"     Bank,  name  of,  given  to  Mercantile  Bank, 
Green  River  Hemp  and  Flour  Company,  incorporated,  . 
Greenfield  Manufacturing  Company,  incorporated, 

"  Bank,  capital  stock  of,  increased,     .... 

Grouse  or  heath  hen,  destruction  of,  in  Dukes  County,  prohibited, 
Gunpowder,  storage,  &c.  of,  in  Lowell,  regulated,  ... 

"  storage,  &c.  of,  in  Boston,  further  regulated. 


504 
92 
626 
172 
194 
746 
442 
695 
728 


H. 


Hadley  Falls  Company,  right  of  holding  property,  enlarged,    . 
Hamilton  Manufacturing  Company,  stock  of,  increased, 
Hampden  and  Berkshire  Turnpike  Corporation,  may  make  altera- 
tions in  road,     . 
Hampshire  County,  clerk  of  courts  in,  his  excise  duty  established, 
"  and  Hampden  Canal  Company,  allowed  further  time  to 

complete  canal, 
Hancock  Bank,  in  Boston,  established,    ..... 

Hancock's  Whai-f,  proprietors  of,  may  extend  the  same, 
Hardwick,  gore  of  land  annexed  to,  ..... 

Harwich,  Saltwater  Pond  Company,  incorporated. 
Herring  River  Company,  in  Harwich,  incorporated. 
Highways,  further  provisions  respecting,  .... 

"  turnpike  roads  may  be  laid  out  as,  . 

Hingham  Mutual  Fire  Insurance  Companj^  further  empowered, 
"         and   Quincy  Bridge,  &c.  Corporation,  further  provisions 
concerning,    ........ 

"         landing  jilace  at,  discontinued,  .... 

"         Bank,  established, 

Holliston,  part  of,  annexed  to  Framingham,     .... 
Hoosac  Rail  or  Macadamised  Road  Company,  established, 
Hopewell  Company,  in  Taunton,  incorporated, 
Hopkins  Trust,  deeds  of  lands  formerly  belonging  to,  how  record 

ed,  (fee. 

Hopkinton,  ministerial  land  in  first  parish  of,  may  be  sold. 
Hops,  further  provisions  respecting  inspection  of,    . 
Horticultural    Society,    Massachusetts,   empowered    to   establish  i 
cemetery,  &c.     ...... 

Hospital,  Lying-in,  in  Boston,  incorporated,     .... 

"         for  Lunatics,  provision  for  government  and  regulation  of, 

"  "  further  provisions  for  removal  and  commit 

ment  of  patients  to,  .         .         •         . 


INDEX.  xiii 

Housatonic  Manufacturing  Company,  incorporated,        .        .         .  523 

House  of  Industry  in  Boston,  governnnent  of,  further  regulated,       .  692 

Houses  of  Correction,  powers  and  duties  of  keepers  of,  regulated,  483 

Howland's  Wiiarf,  in  Dartmouth,  may  be  extended,        .         .        .  288 

1. 

Illegitimate  Children,  estates  of,  how  inherited,  in  certain  cases,     .  444 
Innholders,  &c.  (see  lAcensed  Houses.) 

Insolvent  Estates,  suits  against,  how  instituted  in  certain  cases,       .  784 

Inspection  of  beef  and  pork,  further  regulated,         ....  61 

"          of  hops,  additional  provisions  concerning,       .         .         .  463 

Institution  for  Savings,  in  Newton,  incorporated,      ....  73 

"                    "           in  Fairhaven,  incorporated,          .         .         .  199 

"  "  Weymouth  and  Braintree,  incorporated,  .  544 
"                    "           Provident,  in  Boston,  power  of,  to  hold  real 

estate,  enlarged,        .....  572 
Insurance  Companies,  further   provisions   respecting  powers  ami 

duties  of,          .,.*..  333 

"  "  Secretary  of,  how  chosen,  &c.  .  .  .  ib. 
"  "  capital  stock  of,  when  paid,  risks  how  taken,  &c.  ib. 
"                   "            choice  and  duty  of  President  and  Directors 

of,  further  regulated,        ....  334 

«                   "            liable  to  tax, 335 

"  "  foreign,  provisions  respecting  agencies  of, 

in  this  State, 430 

"  **  agents  of,  to  make  returns  to  State  Treasurer,  ib. 
"                   "            agents  of,  in  certain  cases,  to  give  bond  and 

pay  tax, 431 

"  "  outstanding  claims  of,  in  certain  cases,  how 

collected, 717 

Insurance  Company,  Commercial,  in  Nantucket,  incorporated,  .  3 
"  "  Commercial,  in  Boston,  incorporated,  .  .  9 
"  "  Hingham  Mutual  Fire,  further  empowered,  .  15 
'<  "  Mechanics',  in  New  Bedford,  incorporated,  .  16 
«  "  Firemen's,  in  Boston,  incorporated,  .  .  22 
"  "  Charlestown  Fire  and  Marine,  its  capital  in- 
creased, and  location,  &c.,  changed,  .  49 
«  "  Commercial,  in  Nantucket,  may  increase  capital,  171 
«'                 "         Newburyport  Marine,  provision  for  settling 

affairs  of, 174,  195 

«                 «          Protection,  in  Boston,  incorporated,        .         .  175 

«                 "         Westfield  Mutual  Fire,  incorporated,      .         .  187 

"                 «          Plymouth  Mutual  Fire,  powers  of,  enlarged,  191 

«       ,          "         Etna,  name  of,  changed,  &c.,         .        •        .  222 


XIV 


INDEX. 


Insurance  Company,  Ijowell  Mutual  Fire,  incorporated,         .        .  336 

"                 "          Fishing,  in  Provincetown,  incorporated,         .  348 

"                 "          Union  Marine,  in  Boston,  incorporated,         .  434 

"                 "          National,  in  Boston,  further  powers  granted  to,  495 

"                 "          Protection,  further  provisions  concerning,     .  496 

«<                  "          Lynn  Mechanics'  Fire  and  Marine,  incorporated,  501 

"                 "          Union  Fire  and  Marine,  in  Lynn,  incorporated,  522 

"                  "          Boston  Mutual  Fire,  incorporated,         .         .  530 
"                 "          Fishing,    in    Provincetown,    further   powers 

granted  to, 538 

"                 "          Taunton  Fire  and  Marine,  incorporated,         •  540 
"                  "          Weymouth  and  Braintree  Mutual  Fire,  incor- 
porated,       .......  557 

"                  "          New  Bedford  Marine,  incorporated,        .         .  566 

"                  "          Fishing,  power  of  underwriting  extended,      .  5/1 

«                 "          Barnstable  County  Mutual  Fire,  incorporated,  585 

«                  "          Tremont,  in  Boston,  incorporated,          .         .  596 
"                  "          Middlesex   Mutual    Fire,   further   provisions 

concerning,           ......  600 

««                  "          Pacific,  in  Boston,  incorporated,     .         .        .  605 

«                 "          Packet,  in  Boston,  incorporated,     .         .         .  632 

«                 "          Cambridge  Mutual  Fire,  incorporated,   .         .  640 

"                  "          Plymouth  Marine,  incorporated,     .         .        .  658 
"                  "          Merchants',  in  Boston,  charter  of,  continued,  &c.    671 

«                 "         City  Mutual  Fire,  incorporated,      .        .        .  681 

"                 "          Boston,  capital  stock  of,  increased,          .         .  762 
"                 "         Union  Marine,  in  Boston,  time  for  paying  in 

capital  of,  extended,    .....  814 

"                  "          Commercial,  may  hold  additional  real  estate,  822 

Intestate  Estates,  distribution  of,  in  certain  cases,  further  provided  for,  444 

Ipswich  Manufacturing  Company,  may  construct  canal,          .         .  212 

«        Bank,  establiehed, 748 

Ixion  Black  Lead  Factory,  incorporated, 699 


J. 


Judge  of  Probate  in  Worcester  County,  salary  of,  increased,  .         .  761 

Judges  of  Probate — (see  Courts  of  Probate.) 

Juries,  petitions  for,  in  certain  cases,  not  to  abate  by  death  of  pe- 
titioner,       621 

Jurisdiction,  Criminal — (see  Criminal  Cases.) 

Jurors,  Grand,  empannelling  of.  regulated,  their  duties,  &c.    .         .  401 

Justices  of  the  Peace,  their  power  and  duty  respecting  sureties  of 

the  peace,  further  defined  and  regulated,         .         .         .  579,  691 


INDEX. 


XV 


L. 


Landing  place  at  Hingham,  discontinued, 
Lands,  public,  further  powers  granted  to  State  of  Maine,  respecting 
legislation  over,  &c.  .... 

"      public,  further  provisions  respecting  funds  derived  from  sale 
Lawrence  Manufacturing  Company,  in  Lowell,  incorporated, 
Lessees  of  City  Wharf,  incorporated, 
Leverett  Place  Brewing  Company,  incorporated, 
Lewis'  Wharf,  in  Boston,  provision  for  extension  of, 
Licensed  Houses,  further  provisions  for  regulation  of, 

"  "        forfeitures  for  violation  of  rules  concerning, 

"  "        who  may  approbate,  &c. 

"  "        not  to  be  open  on  Lord's  day,  &c. 

"  "        licenses  for,  when  granted  and  renewed, 

"  "        excise  duty  for,  established  or  dispensed  with,  in 

certain  cases,      .... 

"  '*        names  of  persons    licensed   for,  to  be  annually 

sent  to  towns,     .... 

"  "        persons  refused  license  for,  may  appeal  in  cer 

tain  cases,  .... 

"  "        gaming  in,  prohibited, 

"  "        excess  in,  and  sales  of  spirits  to  minors,  &c.,  for 

bidden,    ..... 

*'  "        persons  keeping,  not  to  sell  to  certain  prohibited 

pei-sons  ..... 

"  "        former  acts  respecting,  repealed. 

Licenses  in  Chelsea,  how  granted,      .... 

Light  house  in  Gloucester,  land  for,  may  be  purchased  by  United 
States,  ...... 

Lotteries,  provisions  for  suppression  of,  . 

"         punishment  for  dealing  or  selling  tickets,  &c.,  in, 
"  penalty  for  advertising  tickets  in, 

"         punishment  for  selling  fictitious  tickets  in, 
"         prosecutors  for  offences  concerning,  how  compensated, 
"  money  drawn  in,  forfeited  to  State, 

"         former  acts  concerning,   repealed,  .  . 

Lowell  Bank,  capital  stock  of,  increased, 

"       and  Boston,  Rail  Road,  further  provisions  concerning  fran 
chise,  powers,  &c.,  of,         .... 

"       Manufacturing  Company,  capital  of,  increased, 
"       Mutual  Fire  Insurance  Company,  incorporated, 
"       part  of  Tewksbury  to  be  annexed  to,  conditionally, 
"       Bleachery,  incorporated,         .... 

"       Paper  Mills,  incorporated,      .... 


511 

90 
of,  570 

13 
21G 
185 
355 
473 

ib. 
474 

ib. 
475 

476 

ib. 

477 

478 

479 

480,  481 
482 
688 

87 

721,  726 

722 

723 

ib. 
725 

ib. 
726 
278 

314 
320 
336 
458 
494 
508 


XVI 


INDEX. 


Lowell  Police  Court,  established  and  regulated,        .  .  .  580-583 

"  "  when  to  go  into  operation,       .  .  .  653 

"       slorage,  &c.,  of  gunpowder  in,  regulated,     .  .  .  695 

"       Gas  Light  Company,  incorporated,    ....  810 

Lunatic  Hospital,  at  Worcester,  government,  &c.,  of,  provided  for,  466-470 

"  provisions  respecting  removal  and  commitment 

of  patients  to,    .  .  .  .  .  493, 629 

Lycoming  Coal  Company,  incorporated,       ....  527 

Lying-in  Hospital,  in  Boston,  incorporated,  .  .  .  196 

"  "  in  Boston,  evidence    relating    to    its  records, 

how  perpetuated,        .  .  .  .  573 

Lynn  Academy,  incorporated,  .....  394 

"      Mechanics'  Fire  and  Marine  Insurance  Company,  incorporated,    501 

M. 


Macadamizing  streets,  in  Boston,  and  elsewhere,  authorized,  .      34,  35 

Machinery  in  manufactories,  to  be  assessed  where  employed,          .  461 
Maine,  further  provisions  respecting  disposition  and  management 

of  ministerial  funds,  &c.  invested  in  public  lands,      .  90 
"        government  of,  may  direct  income  of  funds,  &c.  to  be  ap- 
plied to  schools,             .....  91 
"        lands  in,  provisions  respecting  sale  of,             .            .             .  570 
Maiden  Agricultural  and  Mechanics  Association,  incorporated,       .  783 
Manufacturing  Company,  Beaman,  incorporated,      ...  7 
"                     "           Palmer,  incorporated,       ...  8 
'*                    "           Lawrence,  incorporated,  .            .            .  13 
<'                     "           Boston  Wrought  Nail,  incorporated,        .  81 
"                     "           Suffolk  Iron,  incorporated,            .             .  93 
«                    "           Mill  Dam  Foundry,  incorporated,             .  95 
"                    "           Taunton,  empowered  to  hold  more  estate,  &c.   128 
"                    "           New  England  Iron  Works,  incorporated,  129 
"                    "           Boston  Porcelain,  incorporated,   .             .  131 
"                    "           Green  River  Hemp  and  Flour,  incorporated,    172 
«                    "           Boston  and  Barre,  incorporated,              •  173 
"                    "           Concord,  incorporated,     .            .             .  179 
"                    "           Tyngsborough  Glass,  incorporated,          .  184 
"                    ""           Leverett  Place  Brewing,  incorporated,    .  185 
"                     ♦'           Hadley  Falls,  right  of,  to  hold  propei'ty, 

extended,  .  .  .  .186 

"                    "           Spring,  in  Winchendon,  incorporated,     .  193 

"                    "           Greenfield,  incorporated,               .             .  194 

"                    "          Walcott,  at  Pawtucket,  incorporated,       .  203 

"                     "           Ipswich,  may  construct  canal,      .            .  212 

"                    "           Fredonian,  in  Shirley,  incorporated,         .  215 


INDEX.  xvii 

Manufacturing  Company,  Saxon    Cotton    and    Woollen    Factory, 

name  of,  changed,         .             .            .  216 
«  «           Patucket,  in  Dracut,  incorporated,            .  220 
«  "          Franklin  Coal,  incorporated,         .             .  221 
«  "           Hamilton,  may  increase  capital,  .             .  245 
"  «           Cabot,  in  Springfield,  incorporated,         .  267 
«  "          Bellingham,  Cotton,  incorporated,             .  271 
"  "           Squanicook,  in  Tovvnsend,  incorporated,  319 
«  "           Lowell,  may  increase  capital,       .             .  320 
«  «          Fulton,  in  Boston,  incorporated,               .  321 
«  «           Central  Mills,  act  incorporating,  revived,  376 
"  "          Dana,  in  Groton,  &c.  incorporated,         .  393 
'*  "           Taunton  Copper,  capital  of,  increased,    .  419 
"  *•           Franklin  Coal,  further  provisions  concerning,  448 
"  "                 "         Laboratory,  incorporated,           .  449 
"  "           Braiiitree  and  Weymouth  Coal,  incorporated,  455 
"  "           Lowell  Bleachei  y,  incorporated,               .  494 
«  "           Pittsfield  Cotton  Mills,  incorporated,        .  499 
"  "          Middlesex  Paper,  incorporated,    .             .  500 
"  "          Lowell  Paper  Mills,  incorporated,            .  508 
"  "           Centralville  Cotton  and  Woollen  incorporated,  509 
"  "           Housatonic,  incorporated,            .             .  523 
"  "          Roxbury  India  lUibber,  incorporated,     .  525 
"  "           Lycoming  Coal,  incorporated,      .             .  527 
•'  "           Dyer  Pocket  Book,  in  Boston,  incorporated,  559 
"  "          Taunton,  Brittania,  incorporated,              .  536 
"  ♦'          Dana, further  empowered,             .             .  548 
"  "           Bristol  Print  Works,  in  Taunton,  incorporated,  555 
"  "           Curtisville  Cotton,  in  Stockbridge,  incor- 
porated,             ....  556 
"  "           Boston  Steam  Factory,  incorporated,       .  572 
"  "           Natick  Paper,  incorporated,          .             .  584 
"  "           Boston  Copper  Mining,  incorporated,      .  619 
"  "           Hopewell,  in  Taunton,  incorporated,       .  620 
"  "           Franklin  Laboratory,  capital  of,  increased,  634 
"  "           Boston  and  Norwegian  Coal,  incorporated,  687 
"  "           Ixion  Black  Lead,  incorporated,               .  699 
"  "           Boston  and  Walpole  Woollen,  incorporated,  712 
"  "           Gas  Light,  in  Lowell,  incorporated,         .  810 
"  "           Boston  Book  and  Paper,  incorporated,    .  811 
Marblehead  Charitable  Society,  incorporated,  .            .            .  272 
Marine  Railway,  &c.  in  New  Bedford,  incorporated,  .            .  230 
■    "      Bank,  in  New  Bedford,  incorporated,  .             .             .  309 
"  "       in  New  Bedford,  capital  stock  of,  increased,  .             .  747 
Market  "       in  Boston,  incorporated,           .            .            .            .  290 


XVlll 


INDEX. 


Married  Women  may  receive  payments  of  money,  in  certain  cases, 

in  absence  of  their  husbands,  . 
Marshpee,  plantation  of,  provisions  concerning  highways  in, 
Massachusetts  Charitable  Fire  Society,  additional  powers  given  to 
in  disposal  of  funds, 
"  Horticultural  Society,  may  establish  cemetery, 

Mattapoisett  Wharf  Company,  incorporated, 
Mayhew,  Thomas,  2d.  may  construct  wharf  at  Edgartown, 

"        Joseph,  and  another,  may  continue  wharf  at  Edgartown 
Mechanic  Hall  Association,  in  Boston,  incorporated. 
Mechanics'  Insurance  Company,  in  New  Bedford,  incorporated, 
"  Bank,  in  New  Bedford,  incorporated, 

"  Association,  New  Bedford,  incorporated, 

"  Bank,  in  Newburyport,  capital  stock  of,  increased, 

Medway  and  Franklin,  line  between,  established,     . 
Members  of  Congress,  returns  of  votes  for,  further  regulated,  (see 
also  Congress.)  .... 

Mendon  Bank  may  redeem  bills  at  Commercial  Bank  in  Boston, 
Mercantile  Bank,  in  Boston,  incorporated,    . 

"  "      name  of,  changed,  and  lime  of  paying  capital  ex 

tended,   ..... 

Merchants  Bank,  in  Boston,  capital  of,  increased,     . 

"         Insurance  Company,  in  Boston,  charter  continued,  &c 
"         Bank,  in  Newburyport,  capital  stock  of,  increased, 
Merrimack  River,  fishery  in,  further  regulated, 

"         Bank,  capital  of,  increased,  .         . 
Methodist  Episcopal  Society,  in  Pittsfield,  incorporated, 

"  "  "         in  West  Newbury,  &c.  incorporated, 

"  "         Church,  in  Andover,  trustees  of,  incorporated, 

"  "  Society,  in  Randolph,  incorporated,     . 

"  "  "         in  Tisbury,  incorporated, 

Middlesex  County,  exempted  from  support  of  bridge  in  Newton,    . 
"       Courts  of  Probate  in,  when  holden,  &c.  . 
"       Paper  Manufactory,  incorporated, 

"       Mutual  Fire  Insurance  Company,  further  provisions  con- 
cerning,  ....... 

Mill  Corporation,  Boston  and  Roxbury,  required  to  build  certain 
dam,  &c.  ...... 

Millbury  Academy,  proprietors  of,  incorporated, 
Ministerial  Fund,  (see  Fund.) 

"  land  in  Milton,  may  be  sold,  &c. 

"  "     in  Hopkinton,  may  be  sold, 

Moderators,  what  officers  may  preside  at  choice  of,  in  absence  of  clerk, 
Monatiquot  River,  in  Braintree,  fishery  in,  further  regulated. 
Mortgages  of  pereonal  property,  to  be  recorded,  &c.  in  certain  cases. 


693 
830 

36 

J  43 

819 

204 

214 

29 

16 

31 

519 

740 

235 

169,  589 
377 
331 

626 
273 
671 
745 

260 
277 
42 
209 
356 
548 
C09 
375 
443 
500 

600 

686 
327 


226 
659 
94 
257 
460 


INDEX.  xix 

Mortgages,  further  provisions  concerning  redemption  of,      .             .  809 

Mount  Washington  Association,  incorporated,           .            .             .  820 

Murder,  attempts  to  commit,  punishment  of,  further  provided  for,  .  2G6 

Musical  Professional  Society,  Boston,  incorporated,              .            .  760 

Nahant  Bank,  in  Lynn,  established,  .....  716 

Names  of  persons  changed,     ....  140,383,797,815 

Nantucket  Steamboat  Company,  incorporated,          .             .            .  505 

"          County,  term  of  C.  C.  P.  in,  altered,         .             .             .  565 

Natick  Paper  Company,  incorporated,           ....  584 

National  Insurance  Company,  (late  Etna,)  further  provisions  respecting,  222 

"              "                 "          in  Boston,  further  powers  granted  to,  495 

Naumkeag  Wharf  and  Whale  Fishery  Company,  incorporated,      .  755 

Naval  Benevolent  Association,  incorporated,             ,             .             .  689 

Nemasket  River,  further  provisions  concerning  fishery  in,    .             .  707 
Neptune  Insurance  Company,  in   Boston,  name  of,  given  to  late 

Charlestown  F,  and  M.  Insurance  Company,              .  49 

New  Bedford  and  Fairhaven,  pilotage  of  harbor  of,  further  regulated,  14 

•'          "        Mechanics'  Insurance  Company,  incorporated,           .  16 

"           "        Harbor,  piles  and  dolphins  to  be  placed  in,     .             .  183 

"           "        Port  Society,  incorporated,       ....  210 

"           "        Prospect  Hill  Observatory  Association  in,  incorporated,  227 

"           "        Marine  Railway  and  Wharf  Company,  incorporated,  230 

"           "        and  Fairhaven  Ferry,  proprietors  of,  incorporated,     .  362 

"           "        Mechanics'  Association,  incorporated,             .            .  519 

"           "        Marine  Insurance  Company,  incorporated,     .            .  566 

Newburyport  Bank,  authorized  to  close  its  conceriis,             .             .  43 

"  Marine  Insurance  Comj)any,  affairs  of,  how  settled,     174,  195 

"  certain  provisions  respecting  security  of,  from  fire, 

rescinded,       ......  190 

"           police  court,  provisions  respecting,      .            .             .  435 

"  "         "       established  and  regulated,  .  .  788-793 

New  England  Iron  Works,  in  Boston,  incorporated,             .            .  129 

New  Jerusalem  Church,  in  N.  Bridgewater,  first  society  of,  incorporated,  313 

Newton,  town  of,  hereafter  to  support  bridge  between  Newton  and 

Needham,          ......  375 


New  trials,  in  criminal  cases,  regulated. 
New  York  and  Berkshire  Rail  Road  Company,  established, 
Nix's  Mate,  ceded  to  United  States,  to  erect  a  beacon  thereon, 
North  x\merican  Steam  Coach  Company,  incorporated, 
"     Christian  Society,  in  New  Bedford,  incorporated, 
Northampton  Bank,  established,         .... 
Northbridge,  tract  of  land  set  off  from,  to  Sutton,     . 


398 
293 
225 
630 
654 
738 
51 


XX 


INDEX. 


Norton,  Grafton,  and  another,  may  build  wharf  in  Edgartown,       .  542 

Norwich,  and  Worcester  Rail  Road  Company,  incorporated,  .  672 


o. 


Ocean  Bank,  in  Newburyport,  established,    ....  706 

Oils,  provisions  against  fraud  in  sale  of,         ....  822 

"     certain  specified  kinds  of,  to  be  taken  as  spermaceti,    .            .  ib. 

"     penalty  for  adulterating,  &c.,     .....  823 

Old  Colony  Bank,  in  Plymouth,  incorporated,           .            .            .  308 

Ontario  and  Boston  Rail  Road  Corporation,  established,      .             .  118 

Oregon  Territory,  society  for  encouraging  settlement  of,  incorporated,  132 

Oriental  Bank,  in  Boston,  incorporated,         ....  142 

"                      "        capital  of,  increased,         .            .             .  265 

Outlawry,  process  of,  abolished,         .....  15 


P. 


Pacific  Insurance  Company,  in  Boston,  incorporated, 
Packet  Insurance  Company,  in  Boston,  incorporated. 
Palmer  Company,  incorporated,         ..... 

Parishes — (see  Religious  Societies.) 

Parsonage  Lands  in  south  parish  of  Andover,  interest  arising  from, 
how  paid,  &c.    ...... 

Parties  in  Actions  at  Law,  proceedings  respecting,  in  pleas  of  non- 
joinder,        ....... 

Patucket  Manufacturing  Company,  in  Dracut,  incorporated, 
Paving  of  streets,  further  regulated,    ..... 

«  "        in  Boston,  further  provisions  concerning, 

Pawtucket  Academy,  incorporated,    ..... 

People's  Bank,  in  Roxbury,  established,        .... 

Personal  property,  provisions  for  preventing  fraud  in  transfer  of,     . 
Petitions  to  General  Court,  notice  of,  how  given, 

"        for  juries,  surviving  of,  provided  for  in  certain  cases, 
"        for  Canal,  Rail  Road,  and  Turnpike  Companies,  to  be  ac- 
companied by  plans,         ..... 

Pews,  in  houses  of  worship,  conveyances  of,  how  registered, 
Phoenix  Bank,  in  Charlestown,  incorporated. 
Pier  Company,  Sandy  Bay,  in  Gloucester,  powers  of,  enlarged, 
Pilotage  of  harbor  of  New  Bedford  and  Fairhaven,  further  regulated. 
Pine  Street  Congregational  Society,  in  Boston,  incorporated. 
Pitcher  Great  Bridge,  in  Norwich,  how  rebuilt  and  maintained, 
Pittsfield  and  West  Stockbridge  Rail  Road  Company,  incorporated, 
"        Cotton  Mills  Corporation,  established, 


605 
632 


605 

794 

220 

34 

35 

232 

752 

460 

85,  263 

621 

763 
129 
391 
322 
14 
77 
82 
339 
499 


INDEX. 


XXI 


Pledges  of  personal  property — (see  Mortgages — Personal  Property.) 
Plymouth  County  Mutual  Fire  Insurance  Company,  powers  of,  en- 
larged,       191 

"         further  provisions  respecting  aqueduct  in,            .             .  537 

"         Marine  Insurance  Company,  incorporated,           .             .  658 

Point  Bridge  Company,  in  Gloucester,  incorporated,             .             .  282 

Police  Court,  in  Salem,  provisions  for  establishing  and  regulating,  146 

"  in  Newbury  and  Newburyport,  conditional  provisions 

for, 435 

"  in  Lowell,  established  and  regulated,  .  .  580-583 

"            in  Salem,  further  regulated,     ....  610 

"            in  Lowell,  when  to  go  into  operation,            .            .  653 

"  in  Newburyport,  established  and  regulated,    .  .  788-793 

Poor  convicts,  provisions  for  I'elief  of,             ....  503 

Pork  and  Beef,  inspection  of,  further  regulated,        ...  61 

"           "           how  packed  and  branded,     .            .             .             .  ib. 

"           "          imported,  inspection  of,  in  other  States,  not  required,  63 
Port  Society,  in  New  Bedford,  for  improvement  of  seamen,  incor- 
porated,        ......  210 

"               of  Boston,  and  vicinity,  further  provisions  for  regulating,  358 

President  and  Vice  President,  choice  of  electors  of,  regulated,         .  485 
Private  Banking,  prohibited,  .             .             .             .             .             .814 

Probate — (see  Courts  of  Probate.) 

Process  in  Court,  endorsement  of,  further  regulated,  (see  also  Writs,)  563,  564 

"            "          service  of,  how  made,  on  certain  corporations,      .  690 

Profane  cursing,  &c.,  reading  of  law  against,  when  dispensed  with,  289 

Prospect  Hill  Observatory  Association,  in  New  Bedford,  incorporated,  227 

Protection  Insurance  Company,  in  Boston,  incorporated,     .             .  175 

Providence  and  Boston  Rail  Road  Company,  incorporated,          .  109 
"                         "              "                   "           further    provisions 

concerning,        .  280,  497 
Provident  Institution  for  Savings,  in  Boston,  power  to  hold  real  es- 
tate, enlarged,     ......  572 

Provincetown  Fishing  Insurance  Company,  incorporated,    .             .  348 

"                  "                         "                   further  powers  granted  to,  538 


"  destruction  of  beach  grass  in,  prevented, 

Public  buildings,  trespasses  on,  prevented,     . 

"       lands,  further  powers  granted  to  Maine,  respecting, 


713 

765 
90 
further  provisions  respecting  funds  derived  from  sale  of,      570 


Q. 

Quincy  Canal  Corporation  may  place  spiles,  &c.  in  Town  River,  360 

Quinsigamond  Bank,  in  Worcester,  established,        .  .  .  751 

R. 

Rail  Road  Bank,  capital  of,  increased,  ....  276 

"  Company,  West  Stockbridge,  incorporated,        .  .  52 

D 


xxii  INDEX. 

Rail  Road  Company,  Boston  and  Taunton,  established,  .  .  100 
"  "  "  "  further  provisions  con- 
cerning, .  .  361 
"  "  Franklin,  further  provisions  concerning,  .  292 
"  "  Berkshire  and  New  York,  incorporated,  .  293 
"  "  Pittsfield  and  West  Stockbridge,  incorporated,  339 
"  "  Worcester  and  Norwich,  incorporated,  .  672 
"  Corporation,  Boston  and  Providence,  incorporated,  .  109 
"  "  "  and  Ontario,  established,  .  .  118 
"  "  "  and  Worcester,  established,  .  152 
"                    "                 "       and  Providence,  further  provisions 

concerning,  .  .  .  280,  497 

"  "  "  and  Lowell,  j)owers  of,  extended,  &c.  314 
*'                     "                 "       and  Worcester,   further  provisions 

concerning,           .             .            .  450 

"                    "            Andover  and  Wilmington,  established,       .  645 

"                    "            Western,  established,            .             .            .  660 

Rail  or  Macadamised  Road  Company,  Hoosac,  established,            .  235 

Railway  Company,  Granite,  duration  and  powers  of,  extended,       .  92 

Rail  Road  Companies,  petititions  for,  to  be  accompanied  by  plans,  763 

"  Corporations,  powers  and  duties  of,  defined,       .  .  777-782 

"  "  when  to  apply  for  estimation  of  damages 

for  land,  &c.,  ....  777 
"  "  to  give  security  in  certain  cases,  .  .  778 
"  "  may  tender  damages,  .  .  .  779 
"  "  may  require  statement  of  alterations  de- 
manded, ....  ib. 
"                      "             may  alter  course  of  highways,  on  certain 

conditions,           ....  780 
"                      "             may  vary  direction  of  road,  in  certain  cases,  781 
•'                      "             shares  in,  how  transferred,            .            .  782 
Randolph  Academy,  incoiporated,     .....  749 
Recognizances,  further  provisions  concerning,  in  case  of  towns,  &c.  824 
Register  of  Probate  in  Worcester  County,  salary  of,  increased,         .  761 
Registry  of  conveyances  of  pews,  further  regulated,            .            .  129 
Religious  Society,  first  parish  in  Dorchester,  trustees  of,  incorporated,  32 
"              "         Methodist  Episcopal,  in  Pittsfield,  incorporated,  42 
"              "        first  Congregational,  in  Sutton,  further  empow- 
ered respecting  taxes,    ....  45 
"              "        first  Baptist,   in   Randolph,   trustees  of  church 

fund  in,  may  change  name,  &c.           .            .  64 

•*              "        second  parish,  in  Longmeadow,  incorporated,     .  65 

"  "  Christian  Union,  first,  in  Troy,  incorporated,  .  71 
"  "  Pine  Street  Congregational,  in  Boston,  incorporated,  77 
"              "         South  Boston  Meeting  house,  &c.  Association, 

incorporated,     .....  80 


INDEX.  xxiii 

Religious  Society,  first  Baptist,  in  Troy,  incorporated,  .  •  83 

«  «         first  parish  in  Beverly,  trustees  of  fund  in,  incor- 

porated, .....  180 

<t  "        Trinitarian,  in  New  Bedford,  incorporated,  .  192 

«  «        first  Congregational,  in  Berkley,  provisions  re- 

specting ministerial  fund  in,     -  .  •  211 

u  «        first  Congregational,  in  Milton,  may  sell  minis- 

terial land,  .  .  .  •  •  '^o 

«  «         St.  Stephen's  Church,  in  Pittsfield,  incorporated,  251 

«  «        New  Jerusalem  Church,  first,  in  North  Bridge- 

water,  incorporated,      ....  313 

«  <>         first  Methodist  Episcopal,  in  Andover,  trustees 

of,  incorporated,  ....  356 

«  "         first  parish  in  Groton,  further  provisions  respect- 

ing ministerial  fund  in,  .  .  •  368 

«  '«        Unitarian,  at  Fall  River,  incorporated,     .  .  369 

"  "         St.  Thomas'  Church,  in  Taunton,  incorporated,  382 

«  «         third  Congregational,  in  Lowell,  proprietors  of, 

incorporated,     .....  420 

«  «        first  Unitarian,  in  Danvers,  provisions  respecting 

assessments  in,   .  .  .  •  •  426 

««  «        first  Congregational,   in   Randolph,   trustees   of 

fund  in,  incorporated,    ....  205 

««  «         first  Methodist  Episcopal,  in  West  Newbiirj',  &c. 

incorporated,      .  .  .  .  •  209 

<«  «         first  Christian  Baptist,  in  Westport,  incorporated,  526 

't  «         St.  James'  Church,  in  Roxbury,  incorporated,     .  533 

M  "         Salem  Street  Congregational,  in  Boston,  incor- 

porated,    .         .  .  .  •  '  543 

«  «         Methodist  Episcopal,  first,  in  Randolpli,  incor- 

porated, .....  548 

"  "         Crombie  Street  Church,   in  Salem,  proprietors 

of,  incorporated,  ....  560 

«  "         VVinthrop,  in  Charlestown,  incorporated,  .  568 

«  "         first  Universalist,  in  Taunton,  incorporated,        .  576 

«  "        south  parish  in   Andover,  provisions  respecting 

funds  in,  .  .  .  •  .  605 

«  "        first  Methodist  Episcopal,  in  Tisbury,  incorporated,      609 

"  "        second  Baptist,  in  Taunton,  incorporated,  .  617 

«  "         Washington  Street  Christian,  in  Fairhaven,  pro- 

prietors of  meeting  house,  incorporated,  .  627 

"  "        Unitarian,  first,  of  Braintree  and  Weymouth,  in- 

corporated,       .....  643 

"  "        Universalist,  first,  in  Quincy,  incorporated,  .  644 

«  "         North  Christian,  in  New  Bedford,  incorporated,  654 

"  ,  "         South  Congregational,  in  Lowell,  may  tax  pews,  700 

"  "        first  Baptist,  in  Stoughton,  provisions  concern- 

ing sale  of  its  real  estate,  .  .  .  708 


xxiv  INDEX. 

Religious  Society,  first  Baptist,  in  Lynn,  incorporated,         .            .  709> 
"               "         Edwards,  in  Northampton,  incorporated,            .  773 
«              "        first  Universalist,  in  Lowell,  proprietors  of  meet- 
inghouse in,  incorporated,        .            .            .  787 
«              "         second  Baptist,  in  Lowell,  incorporated,              .  807 
«              '•        second  Baptist,  in  Cambridge,  incorporated,       .  813 
"              "         South  Baptist,  in  Boston,  incorporated,   .            .  816 
Representatives  for  Boston,  number  of,  to  be  determined  in  Octo- 
ber annually,         .....  79* 
"               choice  of,  in  November,  to  be  conducted  as  in  May 

heretofore, — (see  also  Elections  and  Congress,)    .  139 
Retailers,  &c. — (see  Licensed  Houses  ) 

Returns  of  Votes  at  Elections,  how  to  be  made,  .  .  .  711 
Rochester,  location  of  wharves  in,  confirmed,  «fcc.,  .  .  607,  642,  819 
Routs,  riots,  &c.,  reading  of  act  for  prevention  of,  when  dispensed  with,  289 

Roxbury  India  Rubber  Factory,  incorporated,           .            .             .  525 
"         and  Boston  Mill  Corporation,  required  to  build  certain 

dam,  &c.,             ......  68G 

S. 
Salaries  of  Clerks  of  Courts,  further  provisions  concerning, 

«       of  Judge  and  Register  of  Probate  in  Worcester  County 
increased,   ...... 

Salem  Turnpike,  and  Chelsea  Bridge  Corporation,  may  surrender 
part  of  road,  .  .  .  .  • 

"      Police  Court,  provisions  for  establishing  and  regulating, 
"      Fire  Department,  charitable  association  of,  incorporated, 
"      administration  of  justice  in,  further  regulated, 
"      appointment  of  constables  in,  regulated. 
Sales  at  Auction,  duties  on,  further  regulated. 
Saltwater  Pond  Company,  in  Harwich,  incorporated, 
Sandy  Bay  Pier  Company,  in  Gloucester,  further  powers  given  to, 
Sargent's  Wharf,  in  Boston,  may  be  further  extended, 
Savings,  Institution  for,  in  Newton,  incorporated,     . 
«  «  for,  in  Fairhaven,  incorporated, 

«  «  for,  at  Weymouth  and  Braintree,  jn(;orporated,  544 

«  "  for,  in  Boston,  power  of,  to  hold  real  estate,  en- 

larged, .....  572 

"         Bank  for  Seamen,  in  Boston,  incorporated,  .  .  601 

Saxon  Cotton  and  Woolen  Factory,  name  of,  changed,        .  .  216 

School  Districts,  to  have  further  powers  regpecting  calling  of  meetings,    464 
"  "         clerk  of,  how  sworn,  in  certain  cases,         .  .  604 

«  "         further  provision  respecting  assessment  of  taxes  in,        753 

"       in  District  No.  3,  in  Blandford,  further  provisions  respect- 
ing its  fund,  ......  623 

"       Committees,  duties  of,  further  regulated,       .  .  .  702 

Seamen's  Friend  Society,  Fairhaven,  incoi-porated,  .  .  359 


759 

761 

67 
146 
553 
610 
698 
623 
364 
322 
539 

73 
199 


INDEX. 


XXV 


Seamen's  Saving  Bank,  in  Boston,  incorporated,      .            .            .  601 

Second  Parish  in  Longmeadow,  incorporated,           ...  65 

"       Massachusetts  Turnpike  Corporation,  dissolved,      .            .  634 
Selectmen,  duties  of,  respecting  licenses — (see  Licensed  Houses.) 

"           of  towns,  how  to  post  up  lists  of  voters,            .             .  637 

"                "          duties  of,  as  respects  certain  elections,            .  711 

Senatorial  Districts,  newly  arranged,            ....  457 

Shares  in  turnpikes,  canals  and  rail  roads,  not  to  pay  full  tax,  when 

sold  at  auction,        ......  623 

Sharon  and  Foxborough,  line  between,  established,            .            .  510 

Sheriffs  may  appoint  special  deputies,  in  certain  cases,         .             .  815 
Skinnaquits  Fishing  Company,  in  Harwich  and  Chatham,  incorporated,    162 

Slaughtering  and  weighing  of  beef  cattle,  regulated,             .             .  809 
Smith,  Charles,  empowered  to  construct  and  continue  wharf  in 

Holmes'  Hole,         ......  764 

Societies — (see  Religious  Societies,  Horticultural  Society,  Theologic- 
al Education.) 

South  Bank,  in  Boston,  incorporated,             ....  750 

"       Boston  Meeting  and  Markethouse  Association,  incorporated,  80 

"            "       Wharf  and  Dock  Company,  incorporated,     .            .  766 

"       Congregational  Society,  in  Lowell,  may  tax  pews,     .            .  700 
"       Cove  Corporation,  established,             .             .             .             .511 

"       Reading  Mechanic  and  Agricultural  Institution,  incorporated,  628 

Spring  Manufacturing  Company,  in  Winchendon,  incorporated,     .  193 

Springfield  Canal  Company,  incorporated,     ....  20 

Squanicook  Manufacturing  Company,  in  Townsend,  incorporated,  319 

St.  Stephen's  Church,  in  Pittsfield,  wardens,  &c.  of,  incorporated,  251 

St.  Thomas'  Church,  in  Taunton,  incorporated,        .            .             .  382 

St.  James'  Church,  in  Roxbury,  incorporated,           .            .             .  533 

Stage  Company,  Boston  and  Lowell,  incorporated,  ...  59 

State  Hospital — (see  Lunatic  Hospital.) 

"     House,  and  other  public  buildings,  trespasses  at,  prevented,   .  765 

"      Prison,  further  provisions  respecting  convicts  in,         .             .  279 

"          "       compensation  of  certain  officers  in,  increased,            .  395 

"          "       warden  of,  may  add  to  rations  of  convicts,       .             .  ib. 

"  "       further  provisions  respecting  salaries  of  officers  at, 

and  rations  of  convicts,          ....  588 

"          "       further  provisions  respecting  convicts  sent  to,  on  sec- 
ond and  third  sentences,         ....  618 

Steam  Boat  Company,  Boston  and  Hingham,  incorporated,            .  28 

"          "            "          Nantucket,  incorporated,       .             .            .  505 

"       Coach     "           North  American,  incorporated,         .             .  630 

Streets  of  Boston,  further  provisions  for  regulation  of,  &c.  .  694,  774 

Suffislk  Iron  Manufactory,  incorporated,        ....  93 

"       County,  further  provisions  respecting  administration  of  jus- 
tice in,  as  respects  town  of  Chelsea,           .            .            .  136 
Sunderland  Bank,  location  of,  changed  to  Amherst,            .            .  37 


XXVI 


INDEX. 


Sunderland  Bridge,  proprietors  of,  further  powers  granted  to,         .  353 

Supreme  Judicial  Court — (see  Court.) 

Sureties  of  the  peace,  further  provisions  concerning,  .  .  579,  691 

"  "  not  to  be  required  for  appearance  at  court, 

except  in  cases  cognizable  by  said  court,  579,  580 
Surviving  of  petitions  to  County  Commissioners  for  juries,  provi- 
ded for,    ......  .  621 

Sutton,  tract  of  land  annexed  to,        .....  51 


T. 

T.  Wharf,  in  Boston,  may  be  extended  into  channel, 
Tapley's  Wharf,  in  Charlestow^n,  may  be  extended, 
Taunton  and  Boston  Rail  Road  Company,  established, 


"       Manufacturing  Company,  may  hold  additional  estate, 
"       Hotel,  proprietors  of,  incorporated, 
"       Copper  Manufacturing  Company,  capital  of,  increased, 
"        Great  River,  fishery  in,  further  regulated, 
"       Brittania  Manufacturing  Company,  incorporated, 
"       Fire  and  Marine  Insurance  Company,  incorporated, 
Taxes,  collection  of,  further  regulated, 

"      assessment  of,  further  regulated, 
Tenean  Free  Bridge  Company,  in  Dorchester,  incorporated, 
Tewksbury,  provision  for  annexing  part  of,  to  Lowell, 
Theological  Education,  Society  for  promoting,  incorporated. 
Tickets  in  Lotteries,  punishment  for  sale,  &c.  of,  (see  also  Lotteries. 
Town  Line,  between  Bellingham  and  Franklin,  established, 
"  "     between  Franklin  and  Medway,  established,     . 

"  "     between  Sharon  and  Foxborougli,  established, 

"       Officers,  further  pi-ovisions  respecting  clioice  of, 
"  "         may  recognize  for  towns  in  certain  cases,   . 

"      River,  in  Quincy,  navigation  of,  to  be  improved, 
"       of  Webster,  incorporated,         .... 
Tremont  House,  in  Boston,  proprietors  of,  incorporated, 
"         Insurance  Company,  in  Boston,  incorporated, 
Trespasses  on  public  buildings  prevented,     . 
Trinitarian  Church  in  New  Bedford,  incorporated,  . 
Troy  Fire  Department,  estabUshed,  .... 
Truro,  destruction  of  beach  grass  in,  prevented, 
Trustee  Process,  extended  to  coi-porations,  &c. 

"  "         further  provisions  respecting,  in  S.  J.  C.     . 

Trustees  may  be  appointed  to  collect  outstanding  claims  of  Insu 

ranee  Companies,  in  certain  cases. 
Turnpike  Corporation,  Salem,  &c.  may  surrender  part  of  road, 
"  "  Hampden  and  Berkshire,  may  make  altera 

tions  in  road, 
"  "  Second  Massachusetts,  dissolved,    . 


261 
786 
100 

further  provisions  respecting,  361 

128 
253 
419 
228,  378 
536 
540 
134 
461 
638 
458 

98 

721-726 

233 

235 

510 

94 
824 
360 
328 

38 
596 
765 
192 
414 
713 
470 
759 

717 

67 

224 

634 


INDEX. 


XXVll 


Turnpike  Companies,  petitions  for,  to  be  accompanied  by  plans,     .  763 

"  Corporations,  general  powers  and  duties  of,  further  defined,  524 
"  Roads  may  be  laid  out,  in  certain  cases,  as  common  highways,  720 
"  "       duties  of  corporations  respecting,  when  to  cease,  721 

Tyngsborough  Glass  Company,  incorporated,  ,  .  .  184 


u. 

Union  Bank,  of  Weymouth  and  Braintree,  incorporated,    . 
"      Marine  Insurance  Company,  in  Boston,  incorporated, 
"      Fire  and  Marine  Insurance  Company,  in  Lynn,  incorporated, 
"      VVhai-f  Company,  in  Provincetown,  incorporated,     . 
"     Marine  Insurance  Company,  in  Boston,  time  for  paying  in 
capital  of,  extended,      ..... 

Unitarian  Society,  at  Fall  River  in  Troy,  incorporated, 

"         Church,  in  Dan  vers,  further  jwovisions  respecting  assess- 
ments in,  .  .  .  ... 

"         Society,  first  of  Braintree   and  Weymouth,  incorporated. 

United  States,  may  purchase  land  for  lighthouse,  &c.  in  Gloucester, 

"  "      to  have  jurisdiction,  &c.  of  Nix's  Mate,   for  erecting 

a  beacon,      ...... 

"  "       Naval  Benevolent  Association,  incorporated, 

Universalist  Society,  first  in  Taunton,  incorporated, 
"  "         first  in  Quincy,  incorporated,  . 

"  Meeting  House,  in  Lowell,  proprietors  of,  incorporated, 

Upton,  deeds  of  lands  in,  lately  belonging  to  Hopkins  Trust,  how- 
recorded,  &c.    ...... 

V. 

Voters,  lists  of,  how  posted,  in  February  and  October, 

w. 

Walcott  Manufacturing  Company,  at  Pawtucket,  incorporated, 

Walpole,  part  of  Foxborough  annexed  to,     . 

Wardens  of  Port  of  New  Bedford,  authorized  to  place  piles,  &c 

in  harbor,  .... 

Wareham  Bank,  established, 
Warren  Bank,  in  Danvers,  incorporated, 

"       Bridge,  toll  at,  continued  and  regulated,  in  certain  cases, 

"  "        further  provisions  concerning, 

Washington  Street  Christian  Meeting-house  in  Fairhaven,  proprie 

tors  of,  incorporated,    . 
Watch,  in  Boston,  further  provisions  concerning, 
Webster,  town  of,  incorporated, 
Wellfleet,  bridge  in,  authorized, 
Western  Rail  Road  Corporation,  established, 
Westfield  INlutual  Fire  Insurance  Company,  incorporated, 
Westminster  Academy,  incorporated. 


424 
434 
522 
612 

814 
369 

426 
643 

87 

225 

689 
576 
644 

787 

598 


637 


203 

805 

183 

718 
304 
488 
826 

627 
578 
328 
638 
660 
187 
507 


XXVIU 


INDEX. 


orporated 


West  Stockbridge  Rail  Road  Company,  incorporated, 

«  "  and  Pittsfield,  Rail  Road  Company,  incorporated 

Weymouth  and  Braintree  Institution  for  Savings,  incorporated, 
"  "  "       Mutual  Fire  Insurance  Company,  inc 

Wharf,  at  Edgartown,  may  be  constructed,  . 

"       "  "  Mayhew's,  location  of,  confirmed, 

"       City,  in  Boston,  lessees  of,  incorporated, 
"       Commercial,  in  Boston,  company  incorporated, 
"       T  in  Boston,  may  be  extended  into  channel, 
"       Rowland's,  may  be  extended  into  Apponeganset  River, 
"       Hancock's,  in  Boston,  may  be  extended, 
"       Lewis',  in  Boston,  may  be  extended, 
"       Sargent's,  in  Boston,  may  be  further  extended, 
"       in  Edgartown,  may  be  constructed, 
"      Company,  Centi-al,  in  Yarmouth,  incorpoi-ated, 
"  "         Union,  in  Provincetown,  incorporated,     . 

"      at  Holmes'  Hole,  authorized, 

"      at  Edgartown,  authorized,     .... 
"      and  Dock  Company,  South  Boston,  incorporated,    . 
"       Company,  East  Boston,  incorporated, 
"       Tapley's,  in  Charlestown,  may  be  extended, 
"       Mattapoisett,  in  Rochester,  authorized. 
Wharves  may  be  extended  and  erected  in  Apponeganset  River, 

"       in  Rochester,  location  of,  confirmed,  &c.   .  .       607 

Wheels,  broad  rimmed,  act  concerning,  suspended  in  operation. 
Widows,  provisions  for  allowance  to,  in  certain  cases, 
Winnisimmet  Bank,  in  Boston,  established,  . 

"  Company,  incorporated, 

Winthrop  Society,  in  Charlestown,  incorporated,      . 
Worcester,  and  Boston,  Kail  Road  Corporation,  established, 
"  Female  Academy,  proprietors  of,  incorporated, 

"  and  Boston  Rail  Road  Corporation,  further  provisions 

concerning,      ..... 
"  and  Norwich  Rail  Road  Company,  incorporated, 

Wit^ntham  Bank,  incorporated,  .... 

Writs,  further  provisions  respecting  endorsement  of, 

"       how  endorsed,  when  plaintiff  resides  out  of  the  state, 

"      new  endorsement  of,  required  in  case  of  removal,    . 

"       may  be  dismissed  for  want  of  proper  endorser, 

«       endorsers  of,  how  liable,  .... 

"      service  of,  how  made  upon  certain  corporations, 

"       may  be  amended,  in  certain  cases,  in  pleas  of  non-joinder, 

Y. 

Youth,  instruction  of,  further  provisions  concerning. 


52 

339 
544 
1,557. 
204 
214 
216 
246 
261 
288 
354 
355 
539 
542 
549 
612 
764 
766 
766 
775 
786 
819 
535 
642,  819 
445 
547 
795 
803 
568 
152 
374 

450,  625 

672 

379 

563 

ib. 

563,  564 

564 

ib. 

690 

794 


464,  702 


(mn|r 


w 


i