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LAWS

Commontoealtf) of iilassact)U0etts;,

PASSED AT THE SEVERAL

SESSIONS OF THE GENERAL COURT,

BEGINNING JAN., 1S34, AND ENDING APRIL, 1836.

3Piii)lfsi)etf agreeably to a 2^csolbc of tjc sfytcentl) S^nuaxs, 1812.

veSi. XIII.

DUTTON & WENTWORTH, PRINTERS TO THE STATE.
1836.

INDEX

TO THE LAWS

FROM JILNTJAUTT, 1834;; TO AFBII., 1836, ZITCIiUSIVZ;.

Academy, Amherst Female Seminary, incorporated, . . 837

" Belchertown Classical School, incorporated, . . 682

" Belmont Institute, in Boston, incorporated, . . 333

" Beverly, incorporated, ..... 304

" Dummer, in Newbury, Society of Sons of, incorporated, 133

" Falmouth, incorporated, .... 353

" Fuller, in Newton, incorporated, ... 6

" Middlesex High School, in Cambridge, incorporated, 440

" Mount Holyoke Female Seminary, incorporated, . 563

" Northampton Female Seminary, incorporated, . 368

" Pierce, in Middleborough, incorporated, . . 348

" Sedgwick Seminary for Young Ladies, incorporated, 659

" Winnisimmet, in Chelsea, incorporated, . . 360

Actions, survivorship of, in certain cases, further provided for, . 4
" and Appeals, how entered in certain cases, after death

of parties, ...... 104

" Limitation of, (see Limitation, Promises and Memorandum.)
" further provisions respecting, in certain cases, when

two or more defendants are joined, . . . 284
Accounts of Merchants, actions on, how limited, . . 219
Acoaxet River in Westport, wharf in, may be built by T. Rec-
ords, &c. ...... . 384

Administrators for limited time, may be appointed in certain cases, 247
" when appointed for limited time, power and du-
ty of, 247,250

African Humane Society, name changed, . . . 323

Agawam Canal Company, incorporated, .... 824

INDEX.

Agricultural Societies, State bounty to, continued for five years,
Albany Wharf and Warehouse Company, incorporated,
Alewive Fishery, in Dracut, &c., law respecting, repealed,

" " in Herring River, Sandwich, regulated,

" " in Wellfleet, regulated,

" " in Weymouth, regulated,

" " in Weweantit River, act in relation to,

American Stationers Company, incorporated,
Amherst Female Seminary, incorporated,
Anatomy, further jjrovisions for legalizing study of,
Appeals, (see Actions and Appeals.)

" from Court of Common Pleas, in certain cases provid-
ed for, .....
Artists, Boston Society of, incorporated, .
Assessors of Towns, &c., comjiensation of,

" of Parishes, &c., duty of, in assessing taxes,
Assignment and distribution of property of insolvent debtors

regulated, .....
Asylum for Indigent Boys, in Boston, incorporated,

" Samaritan, for indigent children, incorfiorated,
Athenaeum, in Nantucket, incorporated, .

" in Newburyport, voles of stockholders in, regulated

Attachments of personal property, further regulated.
Attorney (jteneral, and other prosecuting officers, required to in
vestigate cases of demand for fugitives from
justice,

" " Salary of, established.

Auction, duties on sales at, in certain cases,

257
943
146
155
716
881
909
760
837
280

437

28
120

2G8

939
329
398
49
359

217
296
225

Bank, Adams, cajjital stock of increased,

" Agricultural, ca[)ital stock of increased,

" Andovcr, capital stock of increased,

" Atlas, in Boston, fiuther time allowed to pay in capital,

" Attleborough, incorporated,

" Beverly, capital stock of increased,

" Blackstone, in Boston, incorporated,

" Brighton, allowed further time to close its concerns

" of Brighton, capital stock of increased,

" Bristol County, capital stock of increased,

" Cambridge, capital stock of reduced,

" Chelsea, incorporated,

" Chicopee, incorporated,
Citizens, incorporated,

775

888
757
58
788
748
880
105
753
777
169
1001
889
848

INDEX.

Bank, Cily, in Lowell, incorjjoratcd, .... 778

" Cohannet, capital stock of increased, . . . 770

" East liridgcwater, incorporated, .... 783

" Essex, incorporated, ..... 784

" Fall liiver, capital stock of increased, . . . 751

" Fairhaven, ca|)ital stock of increased, . . . 849

" Farmers and Mechanics', incorporated, . . . 785

" Freeman's, in JJoston, incorporated, . . . 963

" General Interest, in Salem, capital stock of increased, . 761

" Grand, capital stock increased, .... 964

" Hampshire Manufacturers, capital stock of increased, . 754

" Haverhill, incorporated, ..... 787

" Hingham, capital stock of increased, . . . 756

" India, incorporated, ..... 858

" Kilby, incorporated, ..... 947

" Lafayette, incorporated, ..... 987

" Lancaster, incorporated, ..... 875

" Lee, incorporated, ...... 376

" Lynn Mechanics', capital stock of increased, . . 758

" Manufacturers', at Rowley, incorporated, . . 786

" Market, ca|)ital stock increased, .... 1008

" Mechanics', in South Boston, incorporated, . . 774

" Merchants', in Boston, capital stock of increased, . . 752

" Merrimack, capital stock of increased, . . . 738

" Middling Interest, incorporated, .... 903

" Naumkeag, capital stock of increased, . . . 736

" Neponset, incorporated, ..... 769

" Newburyport, incorporated, .... 887

" North American, incorporated, .... 773

" Peoples, capital stock of reduced, . . . . 283

" " act establishing repealed, .... 1013

" Phcenix, capital stock of increased, . . . 767

" Powow River, incorporated, .... 782

" Quincy Stone, incorporated, .... 772

" Rail-road, capital stock of increased, . . . 99,755

" Randolph, incorporated, ..... 781

" Roxbury, incorporated, ..... 921

" Shoe and Leather Dealers', incorporated, . . . 890

" Southbridge, incorporated, .... 778

" Springfield, capital stock of increased, . . . 877

" State, act establishing repealed, .... 1014

" Village, incorporated, ..... 771

" Waltham, incorporated, ..... 965

" Warren, in Dan vers, capital stock increased, . . 737

" " iu Boston, incorporated, .... 879

" Winnisimmet, allowed further time to pay in capital, . 108

INDEX.

Bank, Winnisimmet, name and location of changed,

" Winthrop, incorporated,

" Woburn, incorporated,

" Wrentliam, capital stock of increased.
Banks and Banking, further provisions respecting,

" authorized to borrow money, and issue notes,

" increase of capital stock of, act relating to,

'■ Savings, (see histitutions for Savings.)
Baptist, &c. (see Religious Societies.)

Barnstable, county of, provisions respecting choice of Commis-
sioners in, repealed, .
Bass Creek, in Tisbury, may be closed, .
Bass River, piers in, authorized, .
Beach Grass, concerning destruction of, in Provincetown and
Truro, ......

Bears and certain other wild beasts, bounty for destruction of,
Belchertown Classical School, incorporated,
Belmont Institute, in Boston, incorporated,

Berkshire, County Commissioners of, authorized to grant relie
to town of Washington,
" Manual Labor High School, incorporated,

Beverly Charitable Society, name changed,

" Female Charitable Society, incorporated,
Bible Society, Female Auxiliary, of Boston and vicinity, incor
porated, ......

Birds of certain kinds, j)rovisions against destruction of, .

Board of Health, in Cambridge, provisions concerning.

Bonds of Executors, &c., how and where given, in certain cases,

" &c., due to Conunonwealth, collection of.
Boundary Lines, (see Town lAnes.)
Boston, Pilotage of Harbor of, further provisions respecting,

" Society of Artists, incorporated, .

" and Gloucester Granite Company, incorporated,

" and Bangor Steam Boat Company, incorporated,

" Front street in, may be extended over tide waters,

" Children's Friend's Society, incorporated,

" annexation of Thompson's Island to,

" School Committee in, new organization of, &c.

" Islands and Beaches in harbor of,

" further provisions respecting wooden buildings in,

" Harbor of, pilotage for, further regulated,

" Children's Friend's Society, additional act,

" Exchange Company, incorporated,

" Seamen's Friend Society, additional act,
Brewster, act concerning ministry lands in, repealed.

336
991

968
747
298
967
976

552

334

5,59

477
462
682
333

660

718

814

30
506

98
250
295

129

220, 480

240

511

538

910

1003

919

INDEX.

Vll

Brewster Harbor Company, incorporated, . . . 857
Bridge, in Dartmouth, further time allowed for completing, . 14, 306

" Middlesex, name of, changed to Patucket, . . 48
« authorized over Connecticut River, to be called Mount

Holyoke, ...... 65

" authorized over Mystic River, to be called Middlesex, . 78

" authorized over Mill River, .... 96

" in Dennis, to be built by J. Paddock, &c. . . 142

" authorized from Noddle's Island to Chelsea, . . 164
" Warren, act concerning, passed in 1833, continued, &c. 166,560

" Three Rivers, in Palmer, how maintained, . . 335

" over Herring River, in Harwich, continued, . . 337

" Choate's, over Ipswich River, may be widened, . 367

" in Dennis, may be erected by N. Baker, and others, . 405
" Miller's River, in Charlestown and Cambridge, authorized, 429

" Chelsea Point, proprietors of, incorporated, . . 436

" Warren, act concerning, continued in force, . . 560

" Hancock Free, incorporated, .... 1010

Broad Marsh Diking Company, in Ipswich, incorporated, . 258

Broad Rimmed Wheels, act concerning, repealed, . . 30

Burial Grounds, further provisions for security of, . . 280

Byefield Meeting-house, proprietors of, incorporated, . . 141

By-laws of Towns, penalties for breach of, may be increased, . 100

Cambridge, further provisions respecting board of health in,

" fire department in, further provisions concerning,

Canals, further provision for collection of tolls on.
Canal, toll on Patucket, regulated,

" Agawam, incorporated, ....
Cattle going at large, damages occasioned by, how recovered,

(see also Pounds.)
Cemeteries, further provisions for security of.
Cemetery at Mount Auburn incorporated,

" Taunton, incorporated.

Change of names authorized, . . . 121, 218,

Charitable Society, Beverly, name changed,

" " " Female, incorporated,

" " Union, in Salem, incorporated,

Charlestown Infant School Society, incorporated,

" Wharf Company, incorporated.

Chase, Job, may build a pier in Dennis,

518,

98
400
214
495
824
271

280
422
702
&957
718
814
923
170
779
94

viii INDEX.

Children's Friend Society in Boston incorporated, . . 85

« «' " " additional act, . . 910

Civil process against towns, &c., service of regulated, . . 465

Classical School, Belchertown, incorporated, . . . 682

Clerks of courts, former act concerning their accounts explained, 476

Coal, (see Mining Companies.)

Collectors of taxes, powers of, in certain cases, defined, . 182

Commissioner of Marshpee, to he appointed his power and duty, 231, 237
Companies, (see Insurance, Mamtfaeluring and Rail Road Companies.)
Concord River, proprietors of mills on, released from certain

prohibitions, ...... 402

Congregational societies, (see Religious Societies.)

Connecticut river, former act concerning fishery in, repealed, . 507

Contracts, renewal of, in certain cases, to be evidenced by writ-
ten memorandum, ...... 262

Convicts, poor, fees for discharging, regulated, . . . 103

" in State Prison, rations of, may be altered by Warden, 179

" in gaols, &c., treatment of, (see Gaols and Houses of
Correction.)
Coroners, may administer oaths to jurors, &c., in certain cases, 177

County Commissioners of Hami)shire, to have special powers,
respecting the construction of road, &c.,
in Cuminington, ... 18

« " of Essex, autliorized to construct bridge

over Mill River, ... 96

" " of Nantucket, powers and duties of,

transferred to Selectmen, . . 102

" " of Norfolk, additional meetings of, pro-

vided for, . . . . 134

" " duties of, as to gaols, &c., (see Gaols and Houses

of Correction.)
" " term of, in Plymouth, altered, . . 304

« " election, powers and duties of, regulat-

ed and defined, . . 544 — 552

" " when, and in what manner, to be elect-

ed by the people, . . 545, 546

" " returns of votes for, how examined, . 546

" " proceedings respecting choice of, when

no election is completed, . . 546, 547

" " office of, by what tenure holden, . 548

" " when interested, or office vacant, special

commissioners to act, . . . 549

" " proceedings of, in viewing routes, lo-

cating or discontinuing roads, order-
ing repairs, apportioning expenses,
&c., further regulated, . . 549 — 551

INDEX. ix

County Commissioners, now in commission, to liold their offi-
ces, until others are chosen, . 551
" " provisions respectinj,' choice of, in Barn-
stable County, repealed, . . 552
" " of Berkshire, authorized to grant relief

to the town of Washington, . 660

" " returns of, and act concerning, 818, 1005

" Taxes, estimates of, how prepared and returned, . 151

" Treasurers, when to exhibit accounts, &c., ib.

" Attorney for Suffolk, salary of, provided for, . 297

Counties, inhabitants of, made competent witnesses when the

county is a party, . . . , . 229
Court, Police, in New Bedford, established and regulated, . 33 — 40
" " to be established in Taunton, if accepted by town, 113
" Municipal, in Boston, compensation of Judge of, estab-
lished, 260

" Supreme Judicial, may hear, in equity, certain cases
where estate of married women is taken for public
use, ....... 529

" of Common Pleas, judgment of, in certain cases, how ap-
pealed from, or excepted to, . 437, 438
" terms of, for criminal business only,

established in Worcester, . 466

" in Suffolk, to have powers of Coun-

ty Commissioners for Chelsea, . 469

" Municipal, in Boston, salary of clerk of, regulated, . 475

Courts in the county of Middlesex, act relating to, , . 1002

Courts of Probate, may grant limited administration in certain

cases, ..... 247

" " proceedings of, regulated, in cases of limited

administration, .... 247, 250

" " judges of, may take separate bonds from

different administrators, &c., . . 250

" " bonds, required by, in certain cases to be

given where executors, &c., are appointed, ib.

" " judges of, to have authority to empower guar-

dians to settle with debtors, &c., , . 404

" " for the county of Worcester, act relating to, 580

" " to be established in Fitchburgh, . . 924

" " registers of to make returns, &c., . . 946

" " " " may adjourn the court in certain

cases, .... 685

" " act in addition to 83 chapter of Revised Stat-

utes concerning, .... 968

X INDEX.

Courts Martial, costs of prosecutions for fines imposed by, how

paid in certain cases, ..... 167

Creditors and debtors, further provisions concerning, in relation

to trustee process, ..... 516

Dartmouth Bridge Company, allowed further time to complete

bridge, . . . . • . .14,306

Danvers, Neck of land in, act concerning, . . . 951

Davis Manufacturing Company, in Grafton, incorporated, . 71

Davisville Manufacturing Company, in Northboro', incorporated, 16

Debt, imprisonment lor, abolished, except in certain cases, . 238

Debtors in gaols, not to be confined with criminals, . . 204

Dennis, bridge in, may be erected by N. Baker and others, . 405

District of Marshpee, established, .... 231

" " commissioner of, his power and duty reg-
ulated, 231—237

" " additional act, .... 856

Divinity School, Episcopal, incorporated, . . . 974

Dorchester, Thompson's Island set off from, to Boston, . . 129

Douglas Axe Manufacturing Company, incorporated, . . 64

Dover, town of, incorporated, ..... 766

Dresser Manufacturing Company, in Southbridge, incorporated, 32
Dukes County, exempted from obligation to build house of cor-
rection, ....... 374

Dummer Academy, in Newbury, Society of Sons of, incorporated, 333

Duxbury Fire and Marine Insurance Company, incorporated, . 12

" Fire Department in, established, . . . 394

East Boston Timber Company, incorporated, . . . 178

Eastham, ministerial lands in, sale of authorized, . . 91

East Sudbury, name changed to Wayland, . . . 359

Edgartovvn, wharf and marine railway in, may be built, . 369

Eighth Massachusetts Turnpike, toll on, further regulated, . 69

Elections of town oflicers, regulations concerning, . . 505

Ellis, Benjamin, may extend his wharf in Wareham, . . 750

Embezzlement and fraud, provisions for prevention of, . . 278

Engine men, (see also Fire Department,) appointment of, regulated, 61

Engrossing of Resolves, provided for, .... 668

INDEX.

Episcof)al Divinity School, Trustees of, incorporated.
Episcopalian, Evangelical, &c. (see Religious Societies.)
Exchange Company, Boston, incorporated,
Execution, sale of property on, j)rovisions concerning, .
Executors, &c. (see Courts of Probate and Mminislrators.)

974

1003
528

Factories, &c. (see Manufacl\iring Companies.)

Fairhaven and Rochester, dividing line, • . . 876
Fall River, name of, given to town of Troy, ... 17
" Iron Works Company, may build certain wharf, . 146
Fees of Justices for discharging poor convicts, regulated, . 103
Female Auxiliary Bible Society of Boston and vicinity, incorpo-
rated, ....... 30

Female Society of Boston and vicinity, for promoting Christian-
ity among the Jews, incorporated, . . . 228
Field Drivers, power and duty of, further regulated, . . 270
Fire Department, in the several towns, further provisions con-
cerning, ..... 61

" " in New Bedford, established, . . 8

" " in Salem, further provisions concerning, . 19

" " in Lowell, further regulated, . . 72

" " in Hingham, established, ... 73

" " in N. Bedford, additional powers given to, . 303

" " in Worcester, established, . . . 311

" " in Plymouth, established, . . . 361

" " in Duxbury, established, . . . .394

" " in Cambridge, further regulated, . . 400
" " in Hingham, provisions concerning, when to

take effect, .... 404

" " in Lynn, established, .... 707

Fire Insurance, (see Insurance Companies.)

Fire Society, North-west District, in West Cambridge, incorporated, 906
Fish, Pickled, further regulations concerning inspection of, . 181, 833
Fishery, Alewive, in certain stream in Dracut, &c. laws respect-
ing, repealed, ...... 146

" in Sandwich, regulated, respecting oysters, &c. . 148

" " " regulated, respecting alevvives, . . 155

" Alewive, in Wellfleet, ..... 716

" in Palmer's River, regulated, .... 809

" in Mystic River, regulated, .... 836

" in Weymouth, regulated, . . . . 881

" in Wevveaniit River, act in relation to, . . . 909

Fishing in Conjiecticut River, former act concerning, repealed, 507

" Company, Andrews, in Harwich, incorporated, . 853

INDEX.

Fishing Company in Orleans, incorporated,
Foxborough, tract of land set ofl'from, to VValpole,
Foxes, &c., destruction of, encouraged, .
Fiancis, Ebenezer, may extend his wharf, in Boston,
Frankhn Savings Institution, in Greenfield, established,
Fraud and Embezzlement, provisions for prevention of,
Freeholds, (see Leaseholders for long terms)
Fresh Pond Meadows, in Cambridge, &c., proprietors of, incor
porated, ......

Front Street, in Boston, may be extended over tide waters,
Fugitives from Justice, further provisions respecting.
Fund, to be established for su|)port of common schools, and how
to be distributed, ....

" Fuller Ministerial, in Plymouth, established,

894
173
462
375
291
278

136

217

241, 507
392

Gaming, further provisions for prevention of, .

Gaol Yards, limits of, enlarged, .....

Gaols, and Houses of Correction, further regulated, (see also
Houses of Correction,) .....

" condition of prisoners in, as to comfort, cleanliness, &c.,
regulated, ......

" keepers of, their duties prescribed,
" fuel, clothes, &c. for use of, how furnished,
" unruly conduct in, how restrained and punished, .
" persons may be sent to, instead of st€*\te prison, at discre-
tion of court, ......

" persons sentenced to hard labor in, to be supplied with
tools, (fee. ......

" boys and females to be committed to, in certain cases,
" prisoners in, to be Au-nished with bibles, and receive mor-
al and religious instruction, ....

" commitments to, in certain cases, regulated,
" keepers of, to keep accounts of labor, to sell proceeds,
pay over balance, &c. .....

" funds to be provided by county commissioners for use of,
for tools, materials, &c. .....

" prisoners in. to be kept separate, according to cause of

commitment, and nature of offence,
" rations of prisoners in, how regulated,
" use of spirituous liquors. Sec. in, forbidden,
" former acts concerning, repealed, ....

" certain offences may be punished in, .

Gas Light Company, additional act, ....

245

297

189-

-207

19G,

197

196,

197

198

198, 199

199, 200

200, 201

201
ib.

202

203

ib.
204
205
206
365
661

INDEX.

Xlll

Governor authorized to require oj)inion of Attorney General, &c

in cases of demand fur fugitives from justice,

Grand Lodge of Massachusetts, act incorporating, repealed,

Grammar School in Ipswich, feofees of, may sell lands, &c.

Granite Comjiany, IJoston and Gloucester, incorporated,

" " Norfolk, incorporated,

" Railway Company, capital stock increased,

Guardians, empowered to settle with debtors of their wards,

" of minors, liability of sureties for, limited,

" " further provisions respecting liabilities of

sureties, ....

217
63
442
54
739
838
404
315

497

Hampshire County Commissioners, (see County Commissioiiers.)

Hancock Free Bridge, established, .... 1010

Hanover and Pembroke, town line between, established, . 345

Harbor of Boston, Island and beaches in, trespasses on, prohibited, 240

" and the South River in Salem, act concerning, . . 948

Hartford and Dedham Turnpike Corporation, act relating to, . 900
Harvard College, constitution of boai'd of overseers of, further

regulated, ....... 163

Harwich, town of, may continue bridge over Herring river, . 337

" wharf in, may be built by D. Weeks and others, . 441

Hawes Burying Ground, Trustees of, incorporated, . . 371

Hay Scales and Platform Balances, sealing of, provided for, . 479

" fraud in {)ressing of, act to prevent, .... 945

Hedge, Barnabas, may extend his wharf in VVareham, . . 750
Highways, damages occasioned by laying out, further provisions

respecting, ...... 246

" not to be laid through burial grounds, . . 280

" in towns, notice of laying out, how given by selectmen, 474

Hingham, Fire Department in, established, &c. . . . 73, 404

" Institution for Savings, established, &c. • . 292
HoUiston, Hopkinton and Milford, line between, altered, . 382
Holmes, John, may extend his wharf in Tisbury, . . 700
Holmes Hole Union Wharf Company, incorporated, . . 322
Hood, John, may extend his Avharf in Somerset, . . . 746
Horticultural Society, further provisions concerning their ceme-
tery at Mount Auburn, . . . . . 118

Hospital, (see Lunatic Hospital.)

Houses of Correction, provisions for establishment and regula-
tion of, . . . , . 189-
" " to be erected in each county,
" " masters of, how appointed,

-207

190

ib.

XIV

INDEX.

Houses of Correction, rules for governing, to be established by

county commissioners, . . . 190

" " commitments to, regulated, • .190, 191

" " complaints for commitment to, how made,

&c., 191,192

" " persons committed to, how employed, &c. 192

" " persons liable to, may be arrested for ex-

amination, .... 193

" " overseers of, how appointed, their powers

and duties, .... 193, 194

" " prisoners, how discharged from, . . 194

" " materials for work in, how furnished, . 194, 195

" " support of persons in, how defrayed, . 195,196

" " duties of keeper of, prescribed, . . 190,197

" " condition of prisoners in, as to personal

cleanliness, &c., regulated, . . 196, 197

" " fuel, clothing, &c. for use of, how furnished, 197

" " unruly conduct in, how restrained and

punished, .... 197,198

" " persons may be sent to, instead of state

prison, at discretion of court, . . 198,199

" *' convicts sentenced to hard labor in, to be

supi)]ied with tools, &c. . . 199,200

" " boys and females to be committed to, in

certain cases, .... 200,201
" " prisoners in, to be furnished with bibles,

and receive moral and religious instruc-
tion, ..... 201
" " commitments to, in certain cases, regulated, 201
" " keepers of, to keep account of labor, to

sell proceeds, pay over balance, &c. . 202

" " funds to be provided by county commis-

sioners for use of, for tools, materials,

&c 203

«' " prisoners in, to be kept separate, according

to cause of commitment and nature of
offence, ..... 204

" " rations of prisoners in, how regulated, . 204

" " use of spirituous liquors, (fcc. in, forbidden, 205

« " former acts concerning, repealed, . . 206

" " certain offenders may be confined in, . 365

" " duties of masters of, towards prisoners

comtnitted by United States, . . 543

Houses of Industry, may be used as houses of correction, . 192

Hydraulic Company, Boston, incorporated, . . . 994

" Dock Company, in Boston, incorporated, . . 389

INDEX.

Ice and Tow Boat Company, incorporated, . . . 667

Idiots and Insane Persons, confinement of, provided for, . 917

Impounding of Cattle, (see Pounds.)

Imprisonment for Debt, abolished, except in certain cases,
Infant School Society, Charlestovvn, incor|)orated.
Infant School Association, in Boston, incorporated,
Inhabitants of Counties, may be witnesses, although the County
may be interested, .....

Inspector of Pickled Fish, duties of, further regulated, .
Inspectors, Ofiice of, limited to term of five years,
Institution for Savings, in Andover, established,
" " in Cambridge, established,

" " in Canton, established, .

" " in Concord, established,

" " in Greenfield, established,

" " in Hingham, established,

" " in Lexington, established,

" " in Nantucket, established,

" " in Sciluate, established,

" " in South Boston, established,

" " in Wellfleet, established,

" " in Sturbridge, established,

Institutions for Savings, regulated, their powers, organization, &
" " Officers of, when to be chosen, &c.

" " Deposites in, how made,

" " Returns of condition of, when made, &c

Instruction of Youth employed in Manufacturing Companies,
provided for, ......

Insurance Companies, act relating to, .

" Mutual Fire, provisions for regulation of,

Insurance Company, Barnstable County Mutual Fire, powers of,

extended, .....

" Berkshire Mutual Fire, incorporated,

" Blackstone, incorporated, .

" Bowdoin, in Boston, incorporated, and al-

lowed further time to pay in capital, 152, 373, 836
" Charlestown Mutual, incorporated, . 724

" City Mutual Fire, act incorporating, amended, 53

" Duxbury Fire and Marine, incorporated, .

" Essex, in Salem, incorporated,

" Fall River Fire and Marine, incorporated,

" Fishing, in Boston, further powers granted to,

238
170
653

229
181

398
290
289
325
326
291
292
294
291
293
439
293
827
289
285—286
287
288

950
899
529

97
340
705

12
306

26
472

285-

XVI

INDEX.

Insurance Company, Globe Fire and Marine, may reduce capi-
tal stock, . . . . •

" Hingham, &c., Fire and Marine, incor[)orated,

" India Fire and Marine, incorporated, al-

lowed further time to pay in capital, &c.

128, 368,

«' Lafayette Fire and Marine, in Marblehead,

incorporated, ....

" Manufacturers' Mutual Fire, incorporated,

and further powers granted to, &c. 41, 471,

" Marlborough Mutual, incorporated,

" Massachusetts Fire and Marine, additional

acts concerning, .... 324,

" Mechanics' Mutual Fire, incorporated,

" Mercantile, in Salem, may reduce capita

stock, ....

" Merchants, in Boston, additional act con

cerning, ....

" Nashua, Mutual, incorporated,

" Newburyport, incorporated,

" New England Lile, incorporated, .

" North American, in Boston, incorporated, &c. 463,

" Old Colony, in Plymouth, incorporated,

" Pacific, incorporated,

" Packet, incorporated,

" Second Essex Mutual Fire, incorporated,

« South Boston Fire and Marine, incorpora-

ted, &c. . . . . . 309,

" Suftblk, act incorporating continued in force,

" " Mutual, incorporated,

" Warren, in Boston, incorporated, &c. . 381,

" Washington Fire and Marine, name of,

changed, .....
Ipswich Grammar School, feofees of, may sell lands, &c.
Islands and Beaches in Boston Harbor, trespasses on, prohibited,

830

349

665
722

683
938

675
762
729
446
564
346
657
672
159

848
829
699
581

975
442
240

Jail Limits in the County of Worcester, established, . . 952

Jailers Fees, act concerning, ..... 1005
Judges of Probate, (see Courts of Probate and Guardians.)
" " their power and duty in certain cases further

regulated, 247—250

Jurors, Pay of, increased, . . . . . . 321

Justices of Peace, fees of, for discharging poor convicts, regulated, 103

INDEX.

XVH

Justices of Peace, their |iower, ddty, tV-c, as to iiiaiiiagcs, . 251 — 25(j

" " to have jurisdiction of certain trustee processes, 516

Keepers of Gaols, &c , (see Gaols and Houses of Correcliun.)
Kelly, Zeiio, may continue wliarf in IJass River, ;

Landing Place, in Milton, regulated, . . , ,

Landlords and Tenants, further provisions respecting remedies of,
Lanesborough Marble Comi)any, incorporated, .
Leaseholders, for long terms, to be regarded as freeholders, &c.,
" " rights of, to be held as real estate,

" " widows of, may have dower.

Lechmere Glass Company, incorporated,
Lewis Wharf Company, in Boston, incorporated, &c.,
Lexington Institution for Savings, established.
Liberal Congregational Society, in West Boylston, incorporated,
Limitation of actions, further provisions concerning, (see also

Promises and Written Memorandum.)

Light-house in Marblehead, site for, may be taken by United

States, .....

" on Straitsmouth Island, site for, may be taken by

United States, ....

Limited Partnerships, regulated, ....

" general and special partners may unite,

" certificates concerning, how given,

" certificates of, to be registered, published,

&c., ....
" style of, regulated,

" capital stock of, not to be withdrawn. &c.

" special partners in, when and how respon-

sible, ....
" assignment of property in, regulated,

" suits by and against partners in, provisions

concerning,
" dissolution of, not to take place before

time limited,
Lincoln's wharf, in Boston, may be extended,
Linnean Society, in Newbin-yport, incorporated.
Lodge, Grand, of Massachusetts, act incorporating, repealed,
Lowell, Fire Department in, further regulated, .
C

468
464
671
226

ib.

227

177

143, 385

294

262

4.33

543
353
354
354

355

ib.
356

ib.
ib.

357

ib.
55

718
63

XVllI

INDEX.

LowelJj part of Tewksbiiry annexed to,

" city of, establisJied, ....

" dispensary, incorporated,
" certain courts to be held in.

Lunatic Hospital, at Worcester, government of, regulated,
" " officers of, how appointed,

" " visitations of, how made,

" " commitments to, by whom made,

" " tenure of trustees' office,

" " town paupers may be sent to, in certain cases,

" " discharges from, how made,

" " accounts for support of patients in, how settled,

" " clothing for patients in, how supplied,

" " grants and devises to, may be received,

" " former provisions concerning, repealed,

" " part of act concerning, repealed,

" " trustees of, to be appointed annually, .

" " further provisions concerning commitments to,

removals from, &c., .
" " provisions respecting support of certain pa-

tients in, .
" " patients in, may be removed in certain cases,

" " remedies of towns, &c., for support of patients,

in certain cases,

Lynn, town of, authorized to enclose their common.

222

789
934
1002
184
184, 185
185

ib.
186

ib.

187

187, 188

188

189

ib.
305

ib.

481—484

482
483

483, 484
922

Mansfield Coal Company, incorporated, ....

Manual Labor High Scliool, Worcester County, Trustees of, in-
corporated,
" " Berkshire, incorporated.

Manufacturing Company, American Copper, incorporated,

" " American Stationers, incorporated,

" " Ames, in Springfield, incorporated,

" " Amherst, incorporated,

" " Argus, incorporated, .

" " Arkwright, incorporated,

•* " Ashuelot, incorporated,

" " Atlantic Silk, incorporated,

" " Ballard Vale, incorporated,

" " Beaver Brook, incorporated,

" " Bellingham Steam Engine, incorporated

" " Belviderc Woollen, in Tewksbury, in

corporated. .

823

70
403
7G0

31
817
820
822
727
763
655
842
874

168

INDEX.

XIX

Manufacturing Company, Berkshire Cotton, in Pittsfield, incor-
porated, .
(I « " " in Great Barrington,

incorporated,
« " « Woollen, incorporated,

« « « Iron, incorporated, .

» " Blumvale Iron, in Stockbridge, incor-

porated, ....

« « Boston Chemical Printing, incorporated,

« «« «' and Gloucester Granite, incor-

porated,
« «! " Sugar Refinery, incorporated,

« « " Bewick, incorporated,

u « " and Lynn India Rubber, in-

corporated,
« « " India Rubber, incorporated,

« « « Rice Mill, incorporated,

« « " Chemical Laboratory, .

« «' « Silk, incorporated,

« " " and Roxbury Patent Leather,

&c., incorpoi'ated,
« «: " Steam Factory, additional act,

« « " Pearl, incorporated,

« « « and Millbury Water Power, in-

corporated, and act amended,
u " " Book and Paper, act concerning

« « Booth Cotton Mills, incorporated,

« « Boyden Malleable Cast Iron and Steel,

incorporated,
« « Brown Woollen, incorporated,

« « Canton Hard Ware, incorporated,

« «« City Mills, in Franklin, incorporated,

« « Charlestown Steam Cotton, incorporated,

« « Chelmsford, incorporated,

« « Chemical Dyeing and Printing, incor-

porated,
« . « Chicopee Falls, incorporated, .

« " Concord River, incorporated, .

« « Dadmun, incorporated,

« « Davis, in Grafton, incorporated,

« « Davisville, in Northboro', incorporated,

« " Douglas Axe, incorporated, and addi-

tional act,

« « Dresser, in Southbridge, incorporated,

" " Dvvight, incorporated, .

180

379
714

728

68
5

54
135
154

316
317
318
344
720

734
815

818

86.3,935

872
383

339
735
673
435
907
905

919
840
765
670
71
16

64, 935

745

XX INDEX.

Manufacturing Company, Eagle India Rubber, incorporated, . 847

« " Eagleville, in Hoidon, incorporated, . 450

« " East Boston Timber, incorporated, . 178

« " East Mansfield, incorporalccl, . . 654

« « Essex Printing, incorporated, . . 749

« « Fall River Iron, may build wharf, . 146

« " Framinghairi India Rubber, incorporated, 677

" " Franklin Ilcnip and Flax, incorporated, 337

" " Fulton Iron, iiioor|)orare(I, . . 982

« " Great iiarringtou Iron, incorporated, . 147

« " Hingbam Malleablelron, incorporated, 704

« " Hinsdale, incorporated, . . 725

" " Ilolden Mill, incorporated, . . 719

" " lloosac River, in Atlams, incorporated, 67

« " Hubbardston Copperas, incorporated, 95

•* " Keith Iron, incorporated, . . 830

" " Lawrence, capital stock of, increased, 658

" " Lcchmere Glass, in Cambridge, incorporated, 177

" " Marland, in Andover, incorporated, . 29

" " Massachusetts Silk, incorfjorated, . 674

" " " Hemp, incorporated, . 819

" " Maverick Water Power, incorporated, 825

" " Midneag, incorporated, . . 831

« " Mills Steam, incorporated, . . 834

" " Munroe, incorporated, . 732

" " Needham Hat, incorporated, . . 898

" " Neponset Paper Mills, incorporated, , 832

*' " New Bedford Brass and Iron Foundry,

incorporated, . . . 110
" " New England India Rubber, incorporated, 338
" " " Glass, may hold addi-
tional capital, . 387
«' « " Silk, incorporated, . 676
" " " Worsted, incorporated, 715
*' " •' Knitting Machine, in-
corporated, , . 828
" " Newbury|)ort Silk, incorporated, . 730
*• " " Steam Cotton, incorporated, 666
" " Nichawagg, in Petersham, incorporated, 83
" " Norfolk Laboratory, incorporated, . 15
" " Northampton, incorporated, . . 372
" " " Silk, incorporated, . 713
" " " Paper Mills, incorporated, 808
*' " Patent Cork, incorporated, . 841
" " Perkins Mills, incorporated, . . 664

INDEX. xxt

Manufacturing Company, Pocasset Iron, incorporated, &c. , 7G, 171

" " Quinsigamond Paper Mills, incorporated, 846

" " Rock liottoin, incorijorated, . . 916

" " Rockville, in Saugus, incorporated, . 86
" " Roxbury India Rubber, may hold more

real estate, . . 7, 328

" " " Silk, incorporated, . . 90]

" " " Hair Cloth, incor[)orated, . 920

" " Salem India Rubber, incorporated, , 721
" " South Boston India Rubber, incorporated, 366

" " Sturbridge Cotton Mills, incorporated, 706
" " Suffolk India Rubber, incorporated,

and additional act, . , . 380, 908

" " Sunderland Steam Mill, incorporated, 712

" " Sutton, incorporated, . . . 851

" " Taunton Brittania, capital of, increased, 151
" " " Copper, capital stock of, increased, 859

" " Thorndike, incorporated, . . 669

" " Union, incorporated, . . . 370

" " Van Deusenville, incorporated, . 678

" " Warren, incorporated, . . . 835
" " Warren Iron and Steel, in Boston, in-
corporated, and additional act, . 399, 726
" " Water Power India Rubber, incorporated, 679

" " Westbrook, incorporated, . . 902

« « Westfield Paper Mills, incorporated, . 759

" " Westport Allen, incorporated, . 337

« " Whittenton Mills, incorporated, . 663
" " Wilberforce, &c., in N. Bridge water,

incorporated, . . . 109

" " Winchendon, incorporated, . . 731

« " Worthen, incorporated, . . 821
Manufacturing Establishments, instruction of youth employed

in, provided for, ...... 950

Marble Company, in Lanesborough, incorporated, . . 671

Market House Company, Taunton, incorporated, . . 55

Marriages, who may solemnize them, .... 251

" intentions of, how published and certified, . . 25
" banns of, may be forbidden, and consequent proceed-
ings, ...... 253

" penalty for defacing publishments of, . . 254
" penalty for performing ceremony of, unduly, or with-
out authority, ..... ib.

" returns and records of, how made, . . 254 — 255

" in Society of Friends, may be otherwise solemnized, 255

XXll

INDEX.

256

ib.

529

258

231

231—237

856

241

507

Marriages in former instances, although irregular, confirmed, .

« former acts concerning, repealed.

Married Women, how indemnified, when real estate is taken for
public use, ....•••
Marsh, Broad, in Ipswich, provisions for making dikes in,
Marshpee, District of, established, ....

« Commissioner of, his power and duty regulated,

« " additional act, concerning,

Massachusetts School Fund establisiied, and its income appro-
priated, ....
« » " how regulated and distributed,

Mayor and Aldermen of Boston, authorized to extend Front street,
*' « " to have power of County Com-

missioners, respecting prop-
erty taken by Rail-road Cor-
porations, . . . 171
« " " may regulate equipment of

watchmen, . . . 174

« " " duty of, as respects gaols, &c.

(see Gaols and Houses of
Correction.)
« « " duty of, as respects certificates

for militarj' service, . . 209, 210

Mechanics' Wharf Company, in New Bedford, incorporated, and

authorized to build a bridge, .... 444, 764

Memorandum in writing made necessary to validity of certain

Promises and Engagements, .... 262

Merchants' Accounts, limitation of actions on, . . . 219

Marine Railway Company, incorporated, . . . 161

« " " further powers granted to, . . 401

Mesne Process, attachments on, further regulated, . . 525

Methodist, &c., (see Religious Societies.)

Middlesex Bridge, proprietors of, incorporated, ... 78

" Mechanics' Association, may hold additional estate, . 310

" High School, proprietors of, incorporated, . . 440

" Merrimack River Bridge, to be called Patucket Bridge, 48

" Mill Dam Company, in Charlestown, incorporated, . 979

Milford, Holliston and Hopkinton, line between altered, . 382

Militia, further provisions respecting regulation, government, &c.,

of, 207—211

" standing companies of, to be paraded in Maj' only, . 207

'• musters of, to be discontinued as respects standing com-
panies ....... ib.

" members of volunteer companies in may dissolve con-
nexion within six mouths, .... 208

INDEX. xxiii

Militia, volunteer companies in, to perform same duties as at

present, ...... 209

" members of volunteer companies in, to receive $3 {)er

annum, ...... {J,.

" certificates of service in, Ijow made, in certain cases, . 209 — 211
" fines for neglect of duty in, how divided, . . 211
" further provisions for regulation, government, &c., of, . 527
" offices in, certain persons to be disqualified for, . . ib.
" officers in, when incompetent, how discharged, . 528
Miller's River Bridge Corporation, in Cambridge and Charles-
town, established, ..... 429

Milton, and Dorchester, towns of, to choose commissioners to

regulate landing place, .... 468

Mining Conjpany, Cuba, incorporated, .... 656

" " Hampshire and Hampden incorporated, . 838
" " Mansfield, incorporated, . . . 711
" " " Coal, incorporated, . . 823
" " Massachusetts, incorporated, . . . 816
Ministerial Fund, in first parish in Plymouth, established, . 392
Ministerial Lands in First Parish of Wrentham, provisions con-
cerning sale of, ... . 50

" " in Brewster, act concerning, repealed, . 56

Ministerial Land, in First Parish of Eastham, may be disposed of, 91
Ministers of the Gospel, regularly ordained, may solemnize

Marriages, (see also jtfamag-es.) .... 251 — 252

Minors, liability of sureties for guardians of, . . . 315, 497

Mount Auburn, Cemetery at, further provisions concerning, and

for prevention of trespasses in, . . 118

" " proprietors of, incorporated, . . . 422
" " " to succeed to certain powers &c. of

the Horticultural Society, . . (h.

Mount Carmel Lodge, act incorporating, repealed, . . 383

Mount Holyoke Bridge, proprietors of, incorporated, . . 65

" " Female Seminary incorporated, . . 563

Municipal Court in Boston, compensation of judge of, established, 260

" " " salary of clerk of, regulated, . 475

Mutual Fire Insurance Companies, provisions for regulation of, 529

Names, change of, authorized, . . . 121, 218, 518, 957

Nantucket Athenaeum, incorporated, .... 49

" Selectmen of, to have powers formerly belonging to

county commissioners, . . , . 102

XXIV

INDEX.

Nantucket, County of, exempted from obligation to build house
of correction, . . . •

« Institution for Savings, established, .

" Oyster Company, incorporated.

Natural History Society, Essex County, incorporated, .
New Bedford Fire Department, established, &c.

'< " PoHce Court, established and regulated, .

Newburyport Athenaeum, votes of stockholders in, regulated,

" pilotage of port of, regulated,

New Haven and Northampton Company, incorporated, &c.
Nix's Mate, island of, further provisions respecting cession of ju-
risdiction, ......

Norfolk county, additional meetings of county commissioners in
provided for, .....

" Laboratory, proprietors of, incorporated,
Northampton Female Seminary, incorporated, .

374
291

878

565

8,303

33—40

359

402

882,924

134
15

369

Oaths, unlawful, administration of, prohibited,

" may be administered to jurors and witnesses iu certain

cases, by sheriffs, coroners, &c.
" of poor debtors, how and when administered,
Officers in 3Iilitia, who ineligible, and how discharged,_&c. when
incompetent, ......

Orthodox, &c. (see Religious Societies.)

Overseers of Harvard College, any stated minister of the gospel

may be chosen to, .
Oysters, &c., iu Sandwich, destruction of, prevented,
Oyster Company, Nantucket, incorporated.

177

238

527—528

163
148

678

Paddock, Judah, and others, may build bridge in Dennis,
Parishes, incorporation of, &c. (see Religious Society.)

" and Religious Freedom, further provisions concerning,

" privileges of, confirmed,

" who shall be considered members of,

" connexion with, how dissolved,

" connexion with, how formed, in certain casea,

" powers, duties, and organization of, regulated,

" qualification of voters ill, defined,

" taxes in, how assessed and levied,

" no person to be taxed in, unless a member,

142

265—269
265

265—266
265
266

266—268
268

266—268
269

INDEX.

XXV

ParishcH, forrnor artsfoncerning, repualeil,
Parties in actions at law, (see ./ictions.)
Partiiersiiips, (sec Liimited Partnerships.)
Patucket Uridge, name of, given to former Mid d I ost;x ftleniinucl
iviver JJridgo, .....

" Canal, loll on, regidated, .
Paupers, allowance for, when chargeable to stale,
Pembroke and Hanover, town line between, regulated, .
Pickerel, act of 1818 concerning, repealed.
Pickled Fish, inspection of, further I'egulatetl,
Pierce Academy, in Middleborough, incorporated.
Piers in Bass River and Dennis authorized,
Pigeon Cove Harbor Company, additional act,
Pilotage for Harbor of Boston, further provisions res|)ccting,
" " commissioners of, tiieir appointment, j)o\ve

and duties,
" of port of Nev/buryport, further regulated,
Platform Balances and Hay Scales, sealing of, jirovided for,
Pleading, special, abolished in civil actions,
Plymouth, term of county commissioners altered,

" town of, may choose assistant assessors of taxes,

" " fire dej);irtment in, established,

Police Court, in New Bedford, established and regulated,

" " in Taunton, to be established, if town so determine,

Poor, costs of actions respecting support of, how taxed in certain

cases, .......

Port Society, of Boston and vicinity, quorum of, for doing busi-
ness, altered. ......

Pounds, and impounding of cattle, further regulated,

" keepers of, how appointed, their power and duty,
" what creatures may be impounded in,
" duty of field drivers and pound keepers, in relation to, .
" creatures impounded in, if not claimed, may be sold,
" |)enaUy for injuring, and for rescuing creatures from, .
" former acts concerning, repealed,
Presbyterian, &c. (see Religious Socidies.)
Preservation of titnber in Wenhani and Hanjilton,
Prison, State, act in addition to 144th chapter of Revised Statutes,
Prisoners in gaols and houses of correction, treatment of, regu-
lated, (see also Gaols and Houses of Correction,)
" committed by United States Courts, mny be restained
in houses of correction, ....

Probate Courts, (see Courts of Probate.)

Promises and engagements, not to be considered as valid in cer-
tain cases, except by written memorandum,

2G9

• 495

480

345

176

181,833

348

59,94

904

14,538

538, 539
402
479
1000
304
112
361
33—40
113

130

139
270
ib.
271
270—275
273
274
275

683
969

189—207

543

263

XXVI

INDEX.

Provincetown and Truro, running at large of cattle in, restrained, 477

Public Worsiiip, (see Parishes and Religious Freedom.)

Publishments of Marriage, how made, (see also Marriages,) . 252

Quinebaug Reservoir Company, incorporated.

949

Kail-roadt*, damages caused by laying out of, further provisions

respecting, .....

" Canals, &c., not to be constructed through cemeteries

Rail-road Corporations, land taken by, in Boston, how appraised, &c. 171
" " rights and duties of, defined, . . 534 — 538
" " how to proceed when taking land, &c. . 535
" " to cause bells to be attached to engines, ib.
" " to erect signs at crossings of highways, 536
" ** to provide further security, if necessary, ib.
" " penalty incurred by, for neglect of duty, 537
Rail-road Corporation, Andover and Wilmington, allowed fur-
ther time to locate road, &c., . 250, 498
" " " Boston and Lowell, capital stock of, in-
creased, &c., .... 3, 826
" " " Boston and Providence, may construct

branch to Dedham, . . . 243
" " " Boston and Providence, proceedings of,

confirmed, &c., . . . 350

" " " may increase capital stock, . . 438, 966

" " '' Charlestown Branch, incorporated, &c., 451, 864

'• " " Eastern, incorporated, . . . 925
" " " Fall River Mill-road and Ferry Company,

incorporated, &c., . . . 406, 977
" " " Mount Hope, incorporated, . . 912
" " " Nashua and Lowell, incorporated, . 953
"' " " New Bedford and Fall River, incorporated, 983
" " " Pittsfield and West Stockbridge, incorporated, 936
" " " Seekonk Branch, incorporated, . 989
" " " Taunton Branch, incorporated, and cap-
ital stock of, increased, . . 486, 1009
" " " Western, act in aid of, ... 810
" " " West Stockbridge, incorporated, . 812
" " " Worcester and Norwich, time extended

for completion of, . . . 872
" " " Worcester and Norwich, and Boston,

Norwich sip'i New London, united, . 891

246

280

INDEX. xxvii

Railway Company, Merchants Marine, incorporated, &c., . IGl, 401

" Granite, capital stock increased, . . . 838

Registers of Probate (see Courts of Probate.)
Religious Societies, powers of respecting repairs of churches,

&.C., defined, .... 473

" " further provir^ions concerning freedom, im-

munities, &c. of, (see Parishes, Sfc.)
Religious Society, Andover, First Baptist, incorporated, . 22

" " Boston, Federal Street Baptist, incorjioratcd, 24

" " " Grace Church in, incorporated, . 320

" " " Marlborough Cliapel in, incorporated, 839

" " " Park Street Congregational, incorporated, 391

" " " Phillips Church in, incorporated, . 140

" " Boylston, First Unitarian, incorporated, . 25

" " Bradford, First Parish, may sell ministerial

land, 742

" " Brookline, First Parish, may assess pews, . 175

'* " Byefield Meeting-house, proprietors of, in-

corporated, . . . . 141

•' " Canton, First Congregational, may sell lands, 106

" " Charlestown, First Parish, may sell certain

real estate, ..... 328

" " Cohasset, Second Congregational, incorpo-

rated, . ... 387

" " Dorchester, Methodist Episcopal, incorpora-

ted, ..... 107

"- " Dorchester, First Parish, may sell parsonage

lands, ..... 652

•' " Duxbury, First Universalist, taxes on pews,

how assessed, . . . .46

" " Duxbury, First Congregational, may sell min-

isterial lands, .... 733

" " Eastham, First Parish, may sell ministerial

lands, ..... 91

" " Egremont, Congregational, incorporated, . 21

" " Fitchburg, Village Baptist, incorporated, . 26

" " Granby, Second Parish, incorporated, . 132

" " Hanson, First Universalist, incorporated, . 230

" " Holliston, Methodist Episcopal, incorporated, 101

" " Leicester, Second Congregational, iiicorpora-

ted, ...... 106

** " Lexington, First Baptist, trustees of, incorpo-

rated, ..... 224

" " Lowell, First Freewill Baptist Meeting-house,

proprietors of, incorporated, . , 740

xxvHi INDEX.

Religious Society, Marlfiorongh, Union, incorporated, . . 'M7

'' " Mii!hiiry, First Presbyterian, niune of, changed, 377

" " Nanuickot, African Methodist Episcopal, in-

corporated, .... 321

" " New Bedford, Grace Church, Wardens, &c.

of, incorporated, . . . . Ill

" " New Bedford, Second Methodist Episcopal,

incorporated, .... 332

" " Newbury, Second, may sell [)nrsonage lands, 680

" " Newburyport, Methodist Episcopal, trustees

of, incorporated, .... 2(J1

" " Newton and Watertown, Uiiivcrsalist, power

of, to tux pews, rescinded, . . . 132

*' " Newton, U|)pcr Fall^!, Baptist Meeting-house,

proprietors of, incorporated, . . 860

" " Norton, Congregational, act concerning, . C62

" " Oileans, Fiist Baptist, incorporated, . . 90

" " " First Universalist, incorporated, . 92

" " Petersham, Orthodox Congregational, incor-

I)orated, ...... 104

•' '• Randolph, First Methodist, natne of, changed, S.W

" " Roxbury, First Universalist, pews of, to be

personal estate, .... 800

" " Roxbury, Eliof, incorjioratcd, 845

" " Salem, Baptist, name of, changed, . . 386

" " " Tabernacle Church, notice of meetings

of, regulated, ... 24

" " Scituate, Westerly Meeting-house, proprietors

of, incorporated, .... 47

" " Springfield, Third Baptist, incorporated, 308

" " Tyngsborough First Baptist, incorporated, 87

«' " Watertown, First Baptist, incorporated, 102

« " " First Parish, may tax pews, 763

" " West Boylston, First Liberal Congregational,

incorporated, .... 19

" " West Bradford Meeting- liouse, proprietors of,

incorporated, . . . 319

" " Worcester, Elm Street Baptist Meeting-house,

proprietors of, incori)oratcd, . . 850

" " " Protestant Episcopal Church, pro-

prietors of, incorporated, 843

^' " " Union, incorporated, . .S58

*' " Wrentham, First Parish, authorized to dis-

pose of certain funds, arising from sale ot
ministerial lands, .... .'>0

INDEX.

TiXlX

Religious Society, Uxbridge, First Evangelical Congregational,

incorporated,
Repeal of all the acts consolidated in the Revised Statutes,
Registers of Deeds, returns from, required,
Resolves hereafter to be engrossed,

Revised Statutes, act amending and supplying omissions in,
Richmond and West Stockbridge, line between established,
Riots, furllier provisions for suppressing.
Roads (see Highivays and Rail-roads.)
Robeson, Andrew, may build wharf in Fall River,
Rochester and P^airhaven, dividing line established,
Rock Harbor River Comi)any, in Orleans and Eastham, incorpo-
rated, .......

93
582
946
668
566
155
514, 515

876

743

Salem, city of, established, ....

" Fire Department, further regulated,
" Harbor, and the South River in, act concerning.
Sales of property on execution, further provisions respecting,
Samaritan Asylum for indigent children, incorporated, .
Sandwich, destruction of oysters, &c. in, prevented,

" alewive fishery in, regulated,

Sandy Bay Pier Company, further provisions respecting proper
ty, &c., of, ..... .

Sargent's Wharf, in Boston, proprietors of, incorporated,
Savings, Institutions for, (see Inslilutions for Savings.)
School Committee in Boston, further provisions respecting
choice, power, &c., of
" " new organization of, provided for, .

School Districts, when contiguous, and iu adjoining towns, may
be united, ....

" " further provisions respecting raising money

in, ....

" " meetings of, how notified,

" " assessment of taxes in, further regulated,

School District in Newbury may sell lands,
School Fund, established, and income thereof appropriated,
Schools, provisions respecting returns from, fund for support
of, &c., .....

Scituate Institution for Savings established,

Seamen's Friend Society, in Boston, additional act.

Second Parish in Granby incorporated, .

Selectmen of towns, rnay regulate equipment of watchmen,

" " duty of, as respects certificates for military

services, . . . .

686
19

948

528
398
148
155

131

861

220

480

212

214
242
251
723
241

507
293
919
132

174

209, 210

XXX INDEX.

Selectmen of towns subject to penalty, if not sworn, . . 505

Seminary, Amherst Female, additional act, . . . 837

" Mount Holyoke Female, incorporated, . . 563

" Sedgwick, for young ladies, .... 659

Sepulchres of the Dead, further provisions for security of, . 280

Sergeant at Arms, act establishing, .... 556

Service of Civil Process, against towns, parishes, &c., further

regulated, ....... 465

Sheriffs may administer oaths in certain cases, to jurors, &c., . 177

Silk, Bounty for reeling, &c., of, provided, . . . 485

" encouragement of its culture, .... 896

Societies, (see Religious Societies.)

Southborough and VVestborough, line between, established, . 327

South Boston Association, powers of, extended, &c., . . 378

" Institution for Savings in, incorporated, . . 439

South Wharf Corporation, in Boston, incori)orated, . . 276
Special Commissioners, (see County Commissioners)

" Pleading, abolished in civil actions, . . . 1000

Slate Paupers, allowance for support of, regulated, . . 480
State Prison, further regulations respecting salaries, rations, &c.,

in, ....... 179

salaries of Turnkeys, in, increased, . . 475
" act concerning, in addition to 144th chapter of Revised

Statutes, ...... 969

Steam Boat Company, Boston and Bangor, incorporated, . 77
Steam Power, (see Manufacturing Companies.)
Stocks of counties, towns, &c., duty on sales of, by auction, regu-
lated, 225

" contracts for sale of, act concerning, . . . 1007

Straitmouth Island, jurisdiction over, ceded to United States, . 543

Sturbridge Saving Institution incorporated, . . . 827

Suftblk County Attorney, Salary of, ... . 297

" C. C. Pleas in, to exercise certain powers as to roads, &:c., in

Chelsea, ...... 469

Sureties in bonds for guardians of minors, liability limited, . 315

Swett's Wharf, proprietors of, in Charicstown, incorporated, . 992
Swine, sheep, neat cattle, &c., to be impounded when going at

large, ....... 270

Tabernacle Church in Salem, notice of meetings of, funher'reg-

regulated, ....... 24

Taunton Market House Company, incorporated, . . 55

" Police Conn in, provided for, if town so determine, . 113
" Great River, wharf on, may be built by L. P. Lovell and

another, ...... 443

INDEX.

XXXI

Taunton, Cemetery, proprietors of, incorporated,
Taxes for Counties, estimates of, how prejjarc-d and returned,
" further provisions respecting collection of,
" assessment of, in school districts, further regulated,
" in parishes, <fcc., assessment of, regulated.
Tenants and Landlords, further |)rovisions respecting remedies of,
Tewkshury, part of, set ofT| to Lowell,
Thompson's Island, set off from Dorchester to Boston,
Three Rivers Bridge, in Palmer, how maintained,
Tisbury, town of, may close up Bass Creek,
Tolls on Canals, further provisions for collection of,
Town of Dover, incorporated.

Town Line between Richmond and West Stockbridge, estab-
lished, .....

" " betvveen Westboro' and Southboro', established,

" " between Pembroke and Hanover, established,

" " betvveen Milford, Holliston, and Hopkinton, altered.

" " between Boston and Roxbury,

" " between Rochester and Fairhaven,

Towns may increase penalties for breach of by-laws,
" may increase compensation of assessors,
" required to maintain pounds,
Townways, notice of laying out, how given.
Treasurer of Commonwealth, duty of, as to collection of bonds,

notes, &c. due to Commonwealth,
Treasurers of counties, when to exhibit accounts and estimates,
" of towns, &c. when collectors of taxes, powers of, as

to issuing warrants, defined,
Trespass, actions of, in certain cases, to survive against execu
tors, &c. ......

Troy, name of, changed to Fall River,

Truro, and Provincetown, running of cattle at large in, restrained,

" a part thereof, set off to Provincetown,
Trustee Process, jurisdiction over, extended to justices, &c,
" " form of, how varied in certain cases,

" " feesoftrustees, in, before justices, &c. regulated,

Tumultuous Assemblies, how to be restrained and punished.
Turnpike, Eighth Massachusetts, toll on, further regulated,
" Hartford and Dedham, act relating to.

702
151
182
251
266—268
464
222
129
335
334
214
766

155

327
345
382
681
876
100
120
270
474

295
151

182

4
17

477
741
516
517

lb.
514

69
900

Unitarian, Universalist, &c. (see Religious Societies.)
United States, authorized to purchase site for light-house iu Mar-
blehead, ......

433

XXXll

INDEX.

United States, prisoners committed by, may be confined in houses

of correction, ..... 543

" " authorized to purchase site for hght-house on

Stiaitsmouth Island, .... ib.

Unlawful oaths, administration of, prohibited, ... 88

J-

Volunteer Companies in Militia, compensation of members of, in-
creased, (see also Militia,) ..... 527
Vinal, Nathaniel, and others, may extend wharf in Boston, . 145

Walpole, tract of land annexed to, ...

Warren IJridge, act concerning, continued in force.

Watchman of the State House, payment of.

Watchmen, how to be equijjped, ....

Water Power, &c. (see Munufacluriug Companies.)

Waj'land, name of, given to the late town of East Sudbury,

Wellfleet Institution for Savings, established,

Wesiborough and Southborough, line between, established.

Western Rail-road, act in aid of, .

Western, town of, hereafter to be known by the name of Warren

West Stockbridge and Richmond, line between, established,

Whaling Company, Fall River, incorporated,
" '• Dorchester, incorporated.

Wharf, in town of Fall River, may be constructed by Andrew
Robeson, .....

" Lincoln's, in Boston, may be extended, .
" or Pier, in Dennis, authorized,
" Company, Lewis, in Boston, incorporated,
" in Boston, of N. Vinal and others, may be extended,
" may be built by Fall River Iron Works Company
" at Commercial Point, Dorchester, may be extended,
" Corporation, Soiilh, in Boston, incorporated,
" Company, at Holmes Hole, incorporated,
" and 31arine Rail-way, in Edgartown, authorized,
'♦ in Boston, owned by E. Francis, may be extended,
" in Acoaxet River, in Westport, may be erected, .
" Company, Lewis, in Boston, to have additional powers
" in Harwich, may be erected by D. Weeks and others,
" in Taunton Great River, may be erected by L. P, Lovell

and another, .....
" Company, Mechanics, in New Bedford, incorporated,
" in Tisbury, may be extended by John Holmes, .

173

lUG, 560
952
174

359
293
327
810
96
155
870
9?^

23
55
94
143
145
146
183
276
322
369
375
384
385
441

443
444

700

INDEX.

XXXllI

Wharf, Coiiipiiny, in Cliarlcstown, inr.irporated,

" in Somerset, may be extended by Jolin Ifood,
" in Warehain, may l)e extended by Barnabas Hedge,
" " may be extended liy IJenjainin Ellis,

" Union, doings of i)ro[)rietois of, confirmed,
" Wilkinson and Pratt's, in JJoston, may be extended,
" S n<>ent's, in B'ston, proprietors of, incorporated,
" of Elislia Burgess, &c. in Somerset, may be extended,
" and Warehouse Company, Albany, incorporated,
" Company, Boston, incorporated, .
" Swell's, in Charlestown, incorporated,
Wharves or Piers, in Bass Hiver, authorized.
Wheels, Broad Rimmed, act concerning, repealed,
Wihi Cats, Bears and Foxes, iiounty for the destruction of,
Winnisimmet Academy, in Chelsea, incorporated,
Witnesses, competency of, established, in certain cases, where

Counties are concerned, ....
Wooden Buildings in Boston, erection of, regulated,
Worcester County Manual Labor High School, trustees of, in
cor p orated, .....
" F'ire Department in, established,

" County of, terms of C. C. P. for criminal business

only, to be held in, ....
Work Houses, (see Houses of Correction.)
Wrentham, provisions concerning sale of ministerial lands in.
Written Memorandum, necessary to validity of certain promises
and engagements, . • . . .

701

745
750
750
8iS
852
861
910
943
970
992
5,59
30
462
360

229
511

311

466

262

Yards of Gaols, made coextensive with the limits of towns in
which they are situated, .....

297

LAWS

(tommon\xitnUfi ot M^f^f^^tw^ttt^,

PASSED BY THE GENERAL COURT,

AT THEIR SESSION WHICH COMMENCED ON WEDNESDAY, THE FIRST

OF JANUARY, AND ENDED ON WEDNESDAY, THE SECOND

OF APRIL, ONE THOUSAND EIGHT HUNDRED

AND THIRTY-FOUR.

CHAP. I.

An Act in further addition to an Act to establish the
Boston and Lowell Rail Road Corporation.

JljE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That the capital stock
of the Boston and Lowell Rail Road Corporation,
shall consist of twenty-four hundred shares, instead ^re'jJd"^"^^ '""
of twelve hundred, as is provided by an act in ad-
dition to an Act to establish the Boston and Lowell

4 BOSTON & LOWELL R. R. COR. Jan. 31, 1 834.

Rail Road Corporation, passed and approved the
eleventh day of March, A. D. eighteen hundred and
pieTing'^oad^e'^" thirty-One. And the further term of two years is
tended two years, hereby allowed to said corporation for the purpose
of completing the said rail road, in addition to the
time granted by the thirteenth section of the act
incorporating said Boston and Lowell Rail Road
Corporation.

[Approved by the Governor, January 31, 1834.]

CHAP. II.

An Act in addition to " An Act making further pro-
vision for the survivorship of Civil Actions."

Jl*E it enacted by the Senate and House
of Representatives, in General Court assembled, and
past&c.fre*-^" % ^^e authority of the same, That all actions of
uon^thfcrsur- tfcspass and of trespass upon the case, which are
IgalnS executors "ow pcndiug, or which may hereafter be com-
tort **^"""*''^^" menced, for injury to personal property, whether
such injury be caused by misfeasance or nonfea-
sance, shall be regarded as actions which survive to
and against the executors and administrators of the
parties causing and sustaining such injury, and may
be proceeded in, in the same manner as is provided
by the first section of the statute of eighteen hun-
dred and twenty-two, chapter one hundred and ten,
entitled, " an act for the regulating actions of reple-
vin and trover."

[Approved by the Governor, January 31, 1834.]

BOSTON CHEM. PRINT. CO. Jan. 31, 1834.

CHAP. III.

An Act to confirm the location of Zeno Killey's

Wharf.

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

[Approved by the Governor, January 31, 1834.]

CHAP. IV.

An Act to incorporate the Boston Chemical Print-
ing Company.

Sec. 1. x5e it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That Lemuel Blake, persons incorpo-
Henry Bowen, and Jonathan Dorr, their associates
and successors, are hereby constituted a body cor-
porate, by the name of " The Boston Chemical
Printing Company," for the purpose of carrying on

6 FULLER ACADEMY. Jan. 31, 1834.

the business of printing cotton, linen, and other fab-
rics, on types and stereotype plates, in the city of
Boston, and for this purpose shall have all the pow-
ers and privileges, and be subject to all the duties
and requirements contained in the fifty-third chap-
ter of the statutes of the year one thousand eight
hundred and twenty-nine, entitled " an act defining
the general powers and duties of manufacturing
corporations."

Sec. 2. Be it further enacted, That the said cor-
Reai and per- poration mav be seized and possessed of such real

sonal estate. r j i

estate in the city of Boston, not exceeding twenty
thousand dollars in value, and of such personal es-
tate, not exceeding one hundred thousand dollars
in value, as may be necessary and convenient for
carrying on the business aforesaid.

[Approved by the Governor, January 31, 1834.]

CHAP. V.

An Act to incorporate the Fuller Academy.

JdE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That Joel Fuller, Seth
Persons incorpo- p^^j^^ Lcmucl Crchorc, and Nathaniel Fuller, their
associates and successors, are hereby incorporated
as trustees of the Fuller Academy, to be established
in the town of Newton, in the county of Middlesex,
with the powers and requirements contained in the
statute of one thousand eight hundred and thirty-

ROXBURY INDIA RUBBER FAC. Jan. 31, 1834. 7

three, chapter eighty-third ; with power to hold real 50^^31^ ^^''
and personal estate, not exceeding in value the sum
of twenty thousand dollars, to be devoted exclusively
to the purposes of education.

[Approved by the Governor, January 31st, 1834.]

CHAP. VI.

An Act in addition to an Act to incorporate the Rox-
bury India Rubber Factory.

X>E it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority vf the same, That the Roxbury In- Authorized to

d.i~)i,f-, ,, i«i 1 take and hold

la Rubber factory are hereby authorized to take real and personal

and hold real estate necessary for the purpose of
prosecuting the business of said corporation, to an
amount not exceeding eighty thousand dollars in
value, and personal estate to an amount not exceed-
ing one hundred and sixty thousand dollars in value,
the limitation in the act to which this act is in ad-
dition, to the contrary notwithstanding.

[Approved by the Governor, January 31, 1834.]

8 NEW BEDFORD FIRE DEP'T. Jan. 31, 1834.

Number of fire-
wards.

Time of organi-
zation.

Town clerk to be
clerk of the
board.

CHAP. VII.

An Act to establish a Fire Department in the town
of New Bedford.

Sec. 1 . UE ^'i enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That the inhabitants of
New Bedford qualified to vote in town affairs, at
their annual meeting for the choice of town officers,
shall choose, by ballot, a number of citizens not ex-
ceeding twenty, for firewards, who shall hold their
offices until others are chosen and organized in their
stead, and shall have all the powers, perform all the
duties, and be liable to all the penalties which are
given to and required of firewards generally, by the
laws of this Commonwealth.

Sec. 2. Be it further enacted, That said fire-
wards so chosen, shall, within three days after their
acceptance of the trust, meet at some convenient
place in said town, and organize themselves into a
board by choosing a chairman. It shall be the duty
of the town clerk of said town to appoint a time and
place for the first meeting of said firewards, to no-
tify them thereof, and, if required by their chairman,
to perform the same service at all succeeding meet-
ings. Said town clerk shall preside at the election
of chairman, shall be clerk of the board, shall record
all their proceedings in a book kept for that purpose,
and shall receive for his services such compensation
as the board of firewards shall determine.

NEW BEDFORD FIRE DEP'T. Jan. 31, 1834. 9

Sec. 3. Be it further enacted, l^hat said board JeTonhetofr'd
of firevvards be, and ihey are hereby authorized and of ''■■e^^ards.
required to exercise all the powers, and perform all
the duties relative to the appointment of enginemen,
which the selectmen of said town have heretofore
been authorized and required to exercise and per-
form ; and all appointments made by said board of
firewards pursuant to this act, shall subject the
persons so appointed, to the same duties, and entitle
them to the same privileges and exemptions, as en-
ginemen are by law entitled to, when appointed by
selectmen. Provided, however, that they shall not
be exempted from military duty, unless, within ten
days after their appointment, and annually in the
month of April, they shall produce to the command-
ing officer of the company, within whose limits they
reside, certificates of their appointments from the
said board of firewards, signed by their chairman.

Sec. 4. Be it further enacted, That the said Board of fire-

' wards authorized

board of firewards be, and they are hereby author- to appoint men

•^ -' to the engines,

ized and empowered to appoint such a number of ^''•
men to the engines, hose, hook and ladder carriages,
and to constitute a company for securing property,
endangered by fire, to be called a fire company, as
they shall deem expedient. Provided, that the
number of men appointed to each engine with suc-
tion hose, shall not exceed one hundred ; to each
engine without suction hose, fifty men ; to each
hook and ladder carriage, forty men ; and for a fire
company, fifty men. They are also authorized and ^"jJ^erfneerT
empowered to appoint three men, as engineers, who
shall exercise such supervising control and author-
ity relative to the operations for extinguishing fires
and to the inspection and preservation of the fire
apparatus belonging to said town, as the board of
2

10 NEW BEDFORD FIRE DEP'T. J«w. 31, 1834.

firevvards may from time to time delegate to them ;
Organization, and the Said engine, hose, hook and ladder carriage

rules and regula- i i /» i • i

tions of the fire mcH, and the hre company, are autnorizecl to organ-
company, &c. , , . , , . . ,

ize themselves into distmct companies, to elect cap-
tains, clerks, and other necessary officers, to estab-
lish such rules and regulations as may be approved
by the board of firevvards, to annex penalties to the
breach of the same, which may be sued for, and re-
covered by the clerk of any company so organized,
before any court of competent jurisdiction, and shall
be appropriated to the use of such company. Pro-
vided, that no penalty shall exceed the sum of ten
dollars ; and provided further, that such rules and
regulations be not repugnant to the constitution and
laws of the Commonwealth.
Board of fire- Sec. 5. Be it furthtr enacted, That the said

wards to have the ^

superintendence board of fircwards shall have the care and superin-

of the public en- , , ^

gines, &c. tendence of the public engines, hose, fire hooks,
and ladder carriages and ladders, together with the
buildings, fixtures and appendages thereto belong-
ing, and all other apparatus owned by said town of
New Bedford, and used for extinguishing fires, and
shall cause the same to be kept in repair, and when
w^orn out, to be replaced, and from time to time to
make such alterations therein, and additions thereto,
as they shall deem necessary : provided, such alter-
ations, additions or repairs shall not exceed, in any
one year, three hundred dollars, unless said town of
* New Bedford shall have authorized a larger appro-
priation.

Board of fire- Sec. 6. Be it further enacted. That the said

wards to estab- "^

lish rules and or- boai'd of fircwaids, at any meeting called, as herein

dinances. ^ .

provided, may establish such rules and ordinances,
as they may judge proper, to prohibit, or regulate
the carrying of fire, fire brands, lighted matches, or

NEW BEDFORD FIRE DEP'T. /«/i. 31, 1834. 11

any other ignited materials, openly in the streets
and thoroughfares of said town, or in such parts
thereof as they may designate, and to prohibit any
owners, or occupants of any building within said
town, or such parts thereof as said board may desig-
nate, from erecting or maintaining any defective
chimney, hearth, oven, stove or stove pipe, fire
frame, or other fixture, deposite of ashes, or any
mixture, or other material which may produce spon-
taneous combustion, or whatever else may give just
cause of alarm, and may be the means of kindling
or spreading fire. Provided, such rules and ordi-
nances shall not be repugnant to the constitution
and laws of the Commonwealth, and shall not be
binding until the same shall have been approved by
the inhabitants of said town, in legal meeting held
for that purpose, and published in some newspape.r
printed in New Bedford. And the said board of fire- Penalties.
wards may annex suitable penalties to the breaches
of any of said rules and ordinances, not exceeding
twenty dollars for any one breach thereof. And
the same may be prosecuted for, and recovered by
the town clerk of said town, in his own name, be-
fore any court of competent jurisdiction. And all
penalties so recovered, shall be appropriated by said
board to the improvement of the fire apparatus of
said town.

Sec. 7. Be it further enacted, That all former j^ct when to take
laws inconsistent w^ith the provisions of this act, ^^^*^^'
shall be repealed, and this act shall take effect, so
soon as said town, at any meeting legally called for
that purpose, shall accept the same. At which
meeting the firewards shall be elected, as herein
prescribed, who shall hold their offices until others
are chosen and organized at the annual meeting for

12 DUXBURY FIRE & MAR. INS. CO. Feb. 3, 1834.

the choice of town officers for the year of our Lord
eighteen hundred and thirty-five, any thing in this
act to the contrary notwithstanding ; but vacancies
in said board may be filled at any legal meeting
called for that purpose.

[Approved by the Governor, January 31, 1834.]

CHAP. VIII.

An Act to incorporate the Duxbury Fire and Marine
Insurance Company.

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

Persj)ns incorpo- f^y the authority of the same, That Ezra Weston,
Charles Drew, Gershom B. Weston, their asso-
ciates, successors and assigns, are hereby incorpo-
rated by the name of the Duxbury Fire and Marine
Insurance Company, to be located in the town of
Duxbury, for the purpose of making loans and insu-
rance against fire and maritime losses, in the cus-
tomary manner, with all the privileges, and subject
to all the duties and obligations contained in the
one hundred and twentieth chapter of the statutes
of the year eighteen hundred and seventeen, and the
ninety-fifth chapter of the statutes of the year eigh-
teen hundred and thirty-two, for and during the
term of twenty years from and after the passing of
this act.

Capital stock. Sec. 2. Be it further enacted, That the capital
stock of said company shall be seventy-five thousand

GLOBE FIRE & MAR. INS. CO. Feb. 3, 1834. 13

dollars, and shall be divided into shares of one hun-
dred dollars each, and shall be collected and paid in,
in such instalments, and under such provisions and
penalties, as the president and directors of said
company shall order and appoint; and they may
purchase, hold and convey any estate, real or per- Real and person-
sonal, for the use of said company. Provided, the ^'^**^^^*
real estate shall not exceed the value of seven thou-
sand dollars, excepting such as may be taken for
debt, or held as collateral security for money due to
said company.

[Approved by the Governor, February 3, 1834.]

CHAP. IX.

An Act to authorize the Globe Fire and Marine In-
surance Company to reduce the amount of their
Capital Stock.

JjE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That the capital stock
of the Globe Fire and Marine Insurance Company
shall be two hundred thousand dollars, exclusive of
premium notes and profits arising from business,
any thing in their act of incorporation to the con-
trary notwithstanding.

[Approved by the Governor, February 3, 1834.]

14 HARBOR OF BOSTON. Feb. 3, 1834.

CHAP. X.

An Act in addition to " An Act to regulate the Pi-
lotage for the Harbor of Boston."

JjE it enacted by the Senate and House
of Representatives, in General Court assembled, and
re^eaied*i!i ^2? ^V l^^^ authority of the same, That so much of the
" second chapter of the statutes of the year eighteen
hundred and twenty-nine," as exempts all American
vessels engaged in the plaster trade bound from any
port within the provinces of New Brunswick and
Nova Scotia, from the payment of fees for pilotage,
be, and the same is hereby repealed : and hereafter
all such vessels shall be liable to the payment of
pilotage fees, in the like way and manner as other
vessels entering the harbor of Boston.

[Approved by the Governor, February 3, 1834. J

CHAP. XI.

An Act in addition to " An Act to incorporate the
Dartmouth Bridge Company."

J>E it enacted by the Senate and House

of Representatives, in General Court assembled, and

JoTcoTielS'^ % ^^^^ O'Uthority of the same. That a further time of

bridge. Qjjg ygj^j. from and after the eighth day of February,

NORFOLK LABORATORY. Feb. 12, 1834. 16

eighteen hundred and thirty-four, be allowed the
Dartmouth Bridge Company, to complete the bridge
which they are authorized to build by an act enti-
tled " an act to incorporate the Dartmouth Bridge
Company."

[Approved by the Governor, February 4, 1834.]

CHAP. XII.

An Act to incorporate the Proprietors of the Nor-
folk Laboratory.

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 H. Blake, persons incorpo-
James H. Haven, and Otis Everett, Jr., together
with such other persons as may become associates
with them, their successors and assigns, are hereby
created a body corporate, by the name of the Pro-
prietors of the Norfolk Laboratory, for the purpose
of manufacturing chemical preparations, at Roxbury,
in the county of Norfolk, and for this purpose shall
have all the powers and privileges, and be subject
to all the duties and requirements contained in an
act passed on the twenty-third day of February, in
the year of our Lord one thousand eight hundred
and thirty, entitled, " an act defining the general
powers and duties of manufacturing corporations."

Sec. 2. Be it further enacted, That said corpo- Real and person-
ration may take and hold such real estate, not ex-
ceeding in value the sum of twenty thousand dol-

16 DAVISVILLE MANU. CO. Feb. 12, 1834.

lars, and such personal estate, not exceeding in value
the sum of thirty thousand dollars, as may be suit-
able and convenient for carrying on the manufac-
ture aforesaid.

[Approved by the Governor, February 12, 1834.]

CHAP. XIII.

An Act to incorporate the Davisville Manufacturing
Company.

Sec. 1. Jl>E I'i enacted by the Senate and House
of Representatives, in General Court assembled, and

S"' ""''""'"" h the authority of the same, That Phinehas Davis,
Isaac Davis, and Joseph Davis, their associates,
successors and assigns, be, and they are hereby
made a corporation, by the name of the Davisville
Manufacturing Company, for the purpose of manu-
facturing cotton, and the machinery therefor, in the
town of Northborough, in the county of Worcester,
and for these purposes shall have all the powers and
privileges, and be subject to all the duties and re-
quirements contained in " an act defining the gen-
eral powers and duties of manufacturing corpora-
tions," passed the twenty-third day of February, in
the year of our Lord one thousand eight hundred
and thirty.

S\1tate^^^''°"' Sec. 2. Be it further enacted. That said corpo-
ration may be lawfully seized and possessed of such
real estate, not exceeding the value of thirty thou-

TOWN OF TROY. Feb. 12, 1834. 17

sand dollars, and such personal estate, not exceed-
ing the value of sixty thousand dollars, as may be
necessary and convenient for the purpose aforesaid.

[Approved by the Governor, February 12, 1834.]

CHAP. XIV.

An Act to change the name of Troy to Fall River.

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 change of name.
the passage of this act, the name of the town of
Troy, in the county of Bristol, shall cease, and the
said town shall hereafter be called and known by
the name of Fall River, and by this name shall be
entitled to all the rights and privileges, and subject
to all the duties and obligations to which it would
have been entitled and subject, if the name had not
been changed as aforesaid.

[Approved by the Governor, February 12, 1834.]

18 COUNTY COMMISSIONERS. Feb. 12, 1834.

CHAP. XV.

An Act conferring certain special powers upon the
County Commissioners of the County of Hamp-
shire.

JjE it enacted by the Senate and House
of Representatives^ in General Court assembled, and
So'^izcdToTct, % ^^^ authority of the same, That the county com-
seieTtmLn^'^of 'thi iHissioners for the county of Hampshire be, and they
mi^gton,^e^"ect- hcrcby arc authorized, if they see fit, on application
b"rfdgT' ^""^ to them made by the selectmen of the town of
Cummington, in said county, to order and direct
that a sum not exceeding one half of the whole ex-
pense incurred by said town, in making an alteration
in the county road, near John Ford's factory, in said
town, together with a like proportion of the ex-
pense of erecting a brige over the Westfield river,
on that part of the road so altered, all which expen-
ses were incurred by said town in the months of
October and November last, shall be paid to said
town out of the treasury of said county ; and that
the said commissioners shall be, and hereby are
authorized to view, accept and establish said road
and bridge, in the same manner as if they had been
constructed under authority of an order from them
obtained by a petition in manner and form as pre-
scribed by the statute.

[Approved by the Governor, February 12, 1834.]

ENGINEMEN IN SALEM. Feb. 17, 1834. 19

CHAP. XVI.

An Act to increase the number of Enginemen in
the town of Salem.

-OE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the sa7ne, That the fire wards of ^c^e'Ise'lhe'^u^
the town of Salem, be, and they hereby are author- meu!'^^"^'"^'
ized, if they shall judge it expedient, to nominate
and appoint any number of enginemen, in addition
to the number now authorized by law, not exceed-
ing in the whole, sixty men, for each and every en-
gine in said town.

[Approved by the Governor, February 17, 1834.]

CHAP. XVII.

An Act to incorporate the First Liberal Congrega-
tional Society in West Boylston.

Sec. 1. -I3E it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That John Smith, Persons incorpo-
Ezekiel Pierce, and Charles Nash, their associates
and successors, are hereby made a corporation, by
the name of the First Liberal Congregational Society
in West Boylston, with all the powers and privileges,
and subject to all the duties and liabilities bv law

Estate.

20 HINGHAM, &c. F. &M. INS. CO. Feb. 21, 1834.

incident to religious societies legally established in
this Commonwealth.

Sec. 2. Be it further enacted, That said corpo-
ration may hold and manage any estate necessary
for the purposes aforesaid, the annual income of
which shall not exceed two thousand dollars.

[Approved by the Governor, February 21, 1834.]

CHAP. XVIII.

An Act to incorporate the Hingham, Cohassett, and
Scituate Fire and Marine Insurance Company.

Sec. 1, JjE it enacted by the Seriate and House
of Representatives, in General Court assembled, and
xAiedi^^^^^^^^^' by the authority of the same, That Nathaniel Whit-
temore, David Whiton, Luther J. Barnes, Henry
Nye, Isaac Barnes, their associates, successors and
assigns, are hereby incorporated by the name of the
Hingham, Cohassett, and Scituate Fire and Marine
Insurance Company, to be established in the town
of Hingham, for the purpose of making loans and
insurance against fire and maritime losses in the
customary manner, with all the privileges, and sub-
ject to all the duties and obligations contained in
the one hundred and twentieth chapter of the stat-
utes of the year eighteen hundred and seventeen,
and the ninety-fifth chapter of the statutes of the
year eighteen hundred and thirty-two, for and dur-
ing the term^of twenty years from and after the pass-
ing of this act.

CONG. SOC. IN EGREMONT. Fe6 21, 1834. 21

Sec. 2. Be it further enacted, That the capital capital stock,
stock of said company shall be fifty thousand dol-
lars, and shall be divided into shares of fifty dollars
each, and shall be collected and paid in, in such in-
stalments, and under such provisions and penalties
as the president and directors of said company shall
order and appoint ; and they may purchase, hold
and convey any estate, real or personal, for the use
of said company ; provided, 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. 3. Be it further enacted, That said com- Risks.
pany shall at no time take any one risk by way of
policy of insurance, maritime loan, or othervvise, to
a greater amount than seven per cent, on their cap-
ital stock actually paid in.

[Approved by the Governor, February 21, 1834.]

CHAP. XIX.

An Act to incorporate the Congregational Society in
Egremont.

Sec 1. iSFj it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That Andrew Bacon, Persons incorpo-
Chester Goodale, Jr., Levi Hare, Wilber Curtis,
and Nathan Benjamin, their associates and succes-
sors, are hereby made a corporation, by the name
of the Congregational Society in Egremont, with all

22 ANDOVER FIRST BAP'ST. SOC. Feb. 21, 1834.

the powers and privileges, and subject to all the
duties and liabilities by law incident to religious so-
cieties in this Commonwealth.
^^^^^^- Sec. 2. Be it further enacted, That said corpo-

ration may hold and manage any estate necessary
for the purposes aforesaid, not exceeding in value
the sum of ten thousand dollars.

[Approved by the Governor, February 21, 1834.]

CHAP. XX.

An Act to incorporate the First Baptist Society in
Andover.

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

Persons incorpo- by thc ttuthority of the same, That Reuben Frye,
Jeremiah Goldsmith, Benjamin Abbot, Jr., and Ste-
phen Lovejoy, their associates and successors, are
hereby made a corporation, by the name of the First
Baptist Society in Andover, with all the powers and
privileges, " and subject to all the duties and liabili-
ties by law incident to religious societies legally es-
tablished in this Commonwealth."

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

ration have power to hold and manage any estate,
the annual income of which, exclusive of their meet-
ing house, shall not exceed three thousand dollars.

[Approved by the Governor, February 21, 1834.]

WHARF IN FALL RIVER Feb. 21, 1834. 23

CHAP. XXI.

An Act authorizing Andrew Robeson, to construct
a Wharf in the town of Fall River.

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

And said Robeson is hereby allowed the exclusive
use of sufficient water for the accommodation and
occupation of said wharf, or any part thereof, when
so constructed ; provided, the erection and improve-
ment of said wharf shall in no wise injure the rights
or property of any other person or persons whatever.

[Approved by the Governor, February 21, 1834.]

24 FEDERAL ST. BAPTIST SOC. Fe6. 21, 1834.

CHAP. XXII.

An Act to incorporate "the Federal Street Baptist
Society," in the city of Boston.

-lSE it enacted by the Senate and House
of Representatives, in General Court assembled, and
fa^d*"^ '"*'"^°' % ^^^ authority of the same, That Heman Lincoln,
Richard Fletcher, and Josiah Marshall, with their
associates and successors, are hereby made a cor-
poration, by the name of " the Federal Street Bap-
tist Society," with all the powers and privileges to
which parishes and other religious societies are, or
shall be entitled by the constitution and laws of this
Commonwealth.

[Approved by the Governor, February 21, 1834.]

CHAP. XXIII.

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

Jt>E it enacted by the Senate and House
of Representatives, in General Court assembled, and
of'offic/^s' fcc.*^*^ % ^^^ (authority of the same. That a notice posted
at the place, and in the manner prescribed in the act
to which this is in addition, seven days before any
meeting of said proprietors, for the choice of offi-

BOYLSTON UNIT. CON. SOC. Feb. 21, 1834. 26

cers or the transaction of business, shall be taken
and deemed to be a legal and sufficient notice for
such meeting, any thing in the act to which this is
in addition, to the contrary notwithstanding.

[Approved by the Governor, February 21, 1834.]

CHAP. XXIV.

An Act to incorporate the First Unitarian Congre-
gational Society in Boylston.

Sec. 1. -DE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That Baxter Wood, J^^^^^^ incorpo-
David Kendall, and Eli B. Lamson, their associates
and successors, are hereby made a corporation, by
the name of the First Unitarian Congregational So-
ciety in Boylston, with all the powers and privileges,
and subject to all the duties and liabilities by law
incident to religious societies legally established in
this Commonwealth.

Sec. 2. Be it further enacted, That said corpo- Estate.
ration may hold and manage any estate necessary
for the purposes aforesaid, the annual income of
which shall not exceed two thousand dollars.

[Approved by the Governor, February 21, 1834.]

26 FITCHBURG VIL. BAP. SOC. Fe6. 21, 1834.

CHAP. XXV.

An Act to incorporate the Village Baptist Society
in Fitchburg.

Sec. 1. LjK it enacted by the Senate and House
of Representatives, in General Court assembled, and
TaS"' '"'°''^°' % the authority of the same, That Samuel Crocker,
Samuel A. Wheeler, Phinehas A. Crocker, their as-
sociates and successors, are hereby made a corpora-
tion, by the name of the Village Baptist Society in
Fitchburg, with all the powers and privileges, and
subject to all the duties and liabilities by law inci-
dent to religious societies legally established in this
Commonwealth.

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

Estate.

[Approved by the Governor, February 21, 1834.]

CHAP. XXVI.

An Act to incorporate the Fall River Fire and Ma-
rine Insurance Company."

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

of Representatives, in General Court assembled, and

Persons incorpo- ^y ^^^ authority of the samc, That John Eddy, Har-

FALL RIVER F. & M. INS. CO. Feb. 21, 1834. 27

vej Chace, John S, Cotton, Nathaniel B. Borden,
and Samuel Chace, their associates, successors and
assigns, are hereby incorporated, by the name of
the Fall River Fire and Marine Insurance Company,
to be established in the village of Fall River, in the
county of Bristol, for the purpose of making loans
and insurance against fire and maritime losses, in the
customary manner, with all the privileges, and sub-
ject to all the duties and obligations contained in
the one hundred and twentieth chapter of the stat-
utes of the year eighteen hundred and seventeen,
and the ninety-fifth chapter of the statutes of the
year eighteen hundred and thirty-two, for and dur-
ing the term of twenty years from and after the
passing of this act.

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 be collected and paid
in, in such instalments, and under such provisions
and penalties, as the president and directors of said
company shall order and appoint ; and they may
purchase, hold and convey any estate, real or per-
sonal, for the use of said company ; provided, the
real estate shall not exceed the value of twenty thou-
sand dollars, excepting such as may be taken for
debt, or held as collateral security for money due to
said company.

[Approved by the Governor, February 21, 1834.]

28 BOSTON SOC. OF ARTISTS. Feb. 24, 1834.

CHAP. XXVII.

An Act to incorporate the Boston Society of Artists.

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

rated?"' '"*''*'^°' % ^he authority of the same, That Abel Bowen,
Alexander Parris, and Jerome V. C. Smith, their
associates, successors and assigns, be, and they are
hereby made a corporation, by the name of the Bos-
ton Society of Artists, for the purpose of encourag-
ing the introduction and extension of new and use-
ful improvements, inventions or discoveries in the
arts and sciences, mechanics and manufactures, by
premiums, exhibitions and otherwise, and for the
purpose of relieving distressed artists and mechani-
cians, and their families. And said corporation

Real and person- may hold and manage real estate not exceeding: in

sonal estate. ^ o o

value fifty thousand dollars, and personal estate not
exceeding a like sum, for the purposes aforesaid.

[Approved by the Governor, February 24, 1834.]

MARL AND MANUFAC. CO. Feb. 24, 1834. 29

CHAP. XXVIII.

An Act to incorporate the Marland Manufacturing
Company.

Sec. 1. -lJe it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That Abraham Mar- persons incorpo-
land, Benjamin H. Punchard, and John Marland,
their associates, successors and assigns, are hereby
made a corporation, by the name of the Marland
Manufacturing Company, for the purpose of manu-
facturing woollen and cotton goods, in the town of
Andover, in the county of Essex, with all the powers
and privileges, and subject to all the duties and re-
quirements contained in an act passed on the twen-
ty-third day of February, in the year of our Lord
one thousand eight hundred and thirty, entitled,
" an act defining the general powers and duties of
manufacturing corporations."

Sec. 2. Be it further enacted, That the said J^elaS ^^'"'°°'
corporation may take and hold such real estate, not
exceeding in value the sum of forty thousand dol- '
lars, and such personal estate, not exceeding in
value the sum of sixty thousand dollars, as may be
suitable and convenient for carrying on the manu-
factures aforesaid.

[Approved by the Governor, February 24, 1834.]

so BROAD RIMMED WHEELS. Feb. 24, 1834.

CHAP. XXIX.

An Act to repeal an Act providing for the use of
Broad Rimmed Wheels.

-lSE it enacted by the Senate and House
of Representatives, in General Court assembled, and
Act of 1828 re- by the authority of the same, That an act passed the
eighth day of March, one thousand eight hundred
and twenty-eight, entitled, " an act providing for
the use of broad rimmed wheels," be, and the same
is hereby repealed.

[Approved by the Governor, February 24, 1834.]

CHAP. XXX.

An Act to incorporate the Female Auxiliary Bible
Society of Boston and vicinity.

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

Pe^s^o°s incorpo- Hannah Lloyd, and Mary Erving, their associates
and successors, are hereby incorporated, for the
purpose of distributing the bible, by the name of
the Female Auxiliary Bible Society of Boston and
vicinity.

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

AMES MANUFAC. CO. Feb. 24, 1834. 31

ration may hold and manage any estate necessary
for the purposes aforesaid, not exceeding in value
forty thousand dollars.

[Approved by the Governor, February 24, 1834.]

CHAP. XXXI.

An Act to incorporate the Ames Manufacturing
Company.

Sec. 1. JdE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That Nathan P. Ames, Persons incorpo-
James T. Ames, Edmund Dwight, and James K.
Mills, their associates, successors and assigns, are
hereby made a corporation, by the name of the
Ames Manufacturing Company, for the purpose of
manufacturing hardware, cutlery, and other articles
in that line, in the town of Springfield, in the county
of Hampden, and for those purposes shall have all
the powers and privileges, and be subject to all the
duties and requirements contained in an act enti-
tled, " an act defining the general powers and du-
ties 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 said corpo- Real and person-
ration may be seized and possessed of such real ^'^^^^'^•
estate, not exceeding the value of forty thousand
dollars, and such personal estate, not exceeding the

32 DRESSER MANUFAC. CO. Feb. 24, 1834.

value of sixty thousand dollars, as may be neces-
sary and convenient for the purposes aforesaid.

[Approved by the Governor, February 24, 1834.]

CHAP. XXXII.

An Act to incorporate the Dresser Manufacturing
Company.

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

faTed"' '"'°'^°' ^y ih^ authority of the same, That Harvey Dresser,
Samuel Stafford, Jerry Merritt, Benjamin W. Kim-
ball, their associates, successors and assigns, are
hereby made a corporation, by the name of the
Dresser Manufacturing Company, for the purpose
of manufacturing cotton, in the town of South-
bridge, in the county of Worcester, and for that
purpose shall have all the powers and privileges,
and shall be subject to all the duties and require-
ments contained in an act entitled " an act defin-
ing the general powers and duties of manufacturing
corporations," passed the twenty-third day of Feb-
ruary, in the year of our Lord one thousand eight
hundred and thirty.

S'estare^^'''""' ^Ec. 2. Be it further enacted, That the said
corporation may be lawfully seized and possessed
of such real estate, not exceeding in value seventy-
five thousand dollars, and such personal estate, not
exceeding in value one hundred and fifty thousand

N. BEDFORD POLICE COURT. Feb. 25, 1834. 3S

dollars, as may be necessary and convenient for the
purpose aforesaid.

[Approved by the Governor, February 24, 1834.]

CHAP. XXXIII.

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

Sec. 1. JjE it enacted by the Senate and House
of Representatives, in General Court assembled^ and
by the authority of the same, That there is hereby Police court es-

11-11 • I • ^ r- 1 r IVT r, ^ tablished within

established, within and tor the town or JNevv Bed- and for the town

^ , . , /- i-i • 1 1- of New Bedford.

lord, in the county ot Bristol, a police court, to
consist of one learned, able, and discreet person,
to be appointed by the Governor and Council, pur-
suant to the constitution, to take cognizance of all
crimes, offences and misdemeanors committed in
the town of New Bedford, whereof justices of the
peace may now, or hereafter, legally take cogni-
zance ; the said justice to hold his office for the
same time and by the like tenure, as justices of the
peace ; and the court hereby established shall hear
and determine all suits, complaints and 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-
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

34 N. BEDFORD POLICE COURT. Feb. 25, 1834.

in said county may, or shall have cognizance, in
concurrence with said justices, and original and
exclusive jurisdiction of such suits and actions,
wherein the plaintiff and defendant reside in said
town of New Bedford, and service of the writ is
had on the defendant in the county of Bristol, and
no justice of the peace shall have cognizance thereof
within said town. An appeal shall be allowed from
all orders, decrees and judgments in said court, in
like manner, and to the same extent that appeals
are now allowed by law from orders, decrees and
judgments of justices of the peace. And the jus>
tice of said court shall not be attorney or of counsel
to any party in any matter or thing whatsoever,
which may be pending in said court.
Writs &c. issued gpc^ 2. Be it furt/ier euacted. That all writs and

by saiu court, or .

justice of peace, yvarrants, issued by said court, or by any justice of

shall be made re- ' • ' j j j

turnabie before i\^q peacc, withiii Said towu of New Bedford, in all

said court. i ' '

matters or cases whereof said court has by this act,
exclusive jurisdiction, shall be made returnable,
and shall be returned before said court; and if any
writ or warrant shall be issued by any justice of the
peace, returnable before said court, the lawful fees
payable therefor, shall not be paid or allowed to
said justices, unless it shall appear, on examination
or hearing before said court, that there was just
and reasonable cause for his issuing said writ or
warrant ; in which case, such fees, costs and
charges, shall be allowed and taxed in like manner
as if such writ or warrant had been issued by said
justice of the peace, according to the laws now in
force.
fzed'fo'"commit Sec. 3. Be it further enacted, That said justice
^ouse"^*° '^°'''' be, and he is hereby authorized, when he shall deem
it advisable, to commit all persons being inhabitants

N. BEDFORD POLICE COURT. Feb. 25, 1834. 36

of said town of New Bedford, and convicted by
said court of offences described in the second sec-
tion of the statute of one thousand seven hundred
and eighty-seven, chapter fifty-four, to the work-
house in said New Bedford, instead of the house of
correction, as is now required, and for the same
time that they may be committed to the house of
correction, to be kept and governed in said work-
house according to the rules and regulations which
are, or may be legally established for the govern-
ment of said house, and at the expense of said
town of New Bedford. And if the provisions of K«ia''nff*°*he

• towns of Dart-

this act shall be extended to the towns of Dart- |"°"i'^ ^"^ f^'^-

naven, — see sec.

mouth and Fairhaven, in said county, or either of '3.
them, in the manner hereinafter provided, the said
court shall have like authority, in respect of per-
sons convicted as aforesaid, who are inhabitants of
either of said towns of Dartmouth and Fairhaven,
for their commitment to their several work-houses.

Sec. 4. Be it further enacted, That it shall be j^^jj^.^ j,,,
lawful for the justice of said court, at his discretion, son7rom"mipriI-
to discharge any person from imprisonment who """"ent, -fcc.
shall have been confined under sentence of any
Court for three months or more, for non-payment
of fine and costs only, when it shall be made to ap-
pear to him that such person is unable to pay said
fine and costs.

Sec. 6. Be it further enacted, That, in all cases,
(except when the fine, forfeiture or penalty exceeds
twenty dollars,) arising in the town of New Bed-
ford, under the statute of one thousand eight hun-
dred and thirty-two, chapter one hundred and sixty-
six, and any acts which may hereafter be passed,
regulating or restraining licensed houses and the
sale of spirituous or fermented liquors, said court

^6 N. BEDFORD POLICE COURT. Feb. 25, 1834.

shall be held to be a court of competent jurisdiction,
and the prosecutions in said court may be by com-
plaint on information, subject to the right of appeal
to the next court of common pleas, in the county
of Bristol : provided, that in all cases when a person
shall be convicted of a breach of said act, and is una-
ble to pay the penalty, fine, or forfeiture, or fail to do
it, he may be imprisoned in the jail or house of cor-
rection of the county of Bristol, situate in said New
Bedford, for a term of time not more than ninety
days, at the discretion of said justice.
Justice's duties, Sec. 6. Be it further enacted, That the justice
of said police court, in addition to the services herein
before assigned to him, shall exercise and perform
the duties of clerk of said court, and shall tax all
bills of cost, and receive all fines and penalties, and
shall receive and keep a true and faithful account
of all fees taxable by law in said court, and shall ex-
hibit in the month of December of 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 tax and exhibit all bills of
cost for witnesses in criminal examinations and pros-
ecutions, in the same n)anner that justices of the
peace are now, by law, required to do ; and said
clerk shall pay over to the town treasurers of the
several towns, named in this act, immediately after
his account shall have been examined and certified
by said board of accounts, the balances, if any,
which may appear to be due from him to them sev-
erally, after deducting the sums which he is herein-
after authorized to retain for his own use ; and the
accounts so exhibited, from time to time, shall be re-
corded by the town treasurer or town treasurers as
the case may be, in a book or books to be by him

N. BEDFORD POLICE COURT. Feb, 25, 1834. 37

or them kept for that purpose, when the same, with
the certificate of allowance thereof, by said board
shall be exhibited to him or them by the justice of
said police court ; and the said accounts shall be
filed and safely kept by said treasurer or treas-
urers. The justice of said police court shall give
bond with a surety or sureties to the acceptance of
the said treasurer or treasurers, as the case maybe,
for the faithful performance of the duties of his of-
fice as clerk, in such penalty as the selectmen of
New Bedford shall determine.

Sec. 7. Be it further enacted, That a court shall beToide"^"" '''
be held by said justice in some suitable and conven-
ient place, to be provided at the expense of said
town of New Bedford, on two several days in each
week, and as much oftener as may be necessary, to
take cognizance of crimes, oflfences, and misde-
meanors ; and on the first and third Mondays of
each month, and as much oftener as 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.

Sec. 8. Be it further enacted, That the justice Justices' fees.
of said police courf shall be entitled to retain for his
own use, out of all monies received by him in each
year for fees, fines and penalties aforesaid, the suol
of one thousand dollars, in full compensation for all
services assigned to him by the provisions of this
act : provided, that if the provisions of this act
shall be extended to the towns of Dartmouth and
Fairhaven, or either of them, as is hereinafter pro-
vided, said justice shall be allowed and entitled to
retain as above to his own use, the sum of twelve

m N. BEDFORD POLICE COURT. Feb. 25, 1834.

hundred dollars, and if there shall be any surplus re-
maining, he shall pay over the same to the seve-
ral treasurers of said towns, in proportion to the
amounts of fees, fines and penalties, received from
the inhabitants of said to^ns respectively.
Murns "'^ ^''' ^^^' ^' ^^ it further enacted^ That the clerk of

the courts in Bristol county, and the district attor-
ney for the southern district, shall be, and they
hereby are, constituted aboard of accounts, and the
said board shall assemble in the month of Decem-
ber, in each year, and as much oftener as may be
necessary, and when so assembled shall have power,
and it shall be their duty to adjust, liquidate, exam-
ine 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 examined and allowed by
them, and a certificate of such examination and al-
lowance shall be endorsed on the accounts exhibit-
ed to said board, and shall be addressed to the pub-
lic officer by whom such charges, fees and expenses
may be payable by law. The members of said
board of accounts shall be entitled to receive out of
the treasury of the town of New Bedford, the sum
of three dollars, for each and every day which shall
be devoted to the performance of the duties hereby
assigned them.
pe'Sg^eforT ^^^' ^^' ^^ U furtker enacted, That all suits,
fhi Peace ^to'^be ^^tious, aud prosccutious, which shall have been in-
mlneVas^'thoS stitutcd, and vvhich shall be pending before any jus-
beenyasl'ed! "°^ ^icc of the peacc iu the county of Bristol at the time
when this act takes effect, shall be heard and deter-
mined, as though the same had not been passed.

N. BEDFORD POLICE COURT. Feb. 25, 1834. 3»

Sec. 11. Be it further enacted. That the justice Justice to make

'^ -' return of all legal

of said pohce court shall make a return to the seve- processes, &c.
ral 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. 12. Be it further enacted, That there shall ScTto'"^
be appointed by the governor and council, pursu- [°s"i™*^"'*'
ant to the constitution, two special justices of said
court, who shall hold their offices for the same time,
and by the like tenure as the justice of said court ; and
wheneveritshall happen, that the justice of said court
shall be a party, or interested in any suit or prosecu-
tion, cognizable by said court, or be akin to either par-
ty therein, or shall, from any other cause, be unable to
attend said court, or hear and determine any mat-
ter or thing pending therein, the cause shall be as-
signed on the record, and the court may, and shall
be held, and its jurisdiction exercised by one or
both of said special justices. And said special jus-
tices shall be paid for their services herein required
of them, by said justice, out of the sum he is author-
ized hereinbefore to retain for his own use, such
compensation as justices of the peace would be en-
titled to for the same services.

Sec. 13. Be it further enacted. That whenever Jowns of New

•^ ' Bedford, Dart-

the inhabitants of the towns of Dartmouth and mo^'h and Fair-

haven to consti-

Fairhaven, or either of them, shall, at lesjal meet- tute one judicial

' _ ' ' & district, whon-

ings holden in their respective towns for that pur- ?^«'" the inhab-

o » ' itaats of the two

pose, elect to be united with the town of New Bed- latter towns shaii

i^ elect to be so

ford for the purpose of forming with said town one united for that

r f r> purpose.

judicial district for the purposes of this act, and shall
signify such election to the governor, then the said
town of New Bedford and the said towns of Dart-
mouth and Fairhaven, or either of them which shall
so elect, shall constitute one judicial district, to be

40 N. BEDFORD POLICE COURT. Feb.25, 1834.

called the district of New Bedford, and the said po-
lice court and the justices thereof shall take cogni-
zance of all crimes, offences and misdemeanors
committed within said district, and shall have orig-
inal and exclusive jurisdiction of all suits and ac-
tions, in which the plaintiff and defendant both re-
side within said district, in the same manner in all
respects as is herein before provided in regard to
the town of New Bedford.
Act when to take Sec 14. Be it further enacted, That this act

effect. '^ '

shall go into operation, from and after the thirty-
first day of March, in the year of our Lord eighteen
hundred and thirty-four, and thenceforth all acts
and parts of acts inconsistent with the provisions of
this act, are hereby repealed : provid*id, that nothing
in this act shall be so construed as to prevent the
governor, by and with the advice and consent of the
council, from appointing and commissioning said
justice, and special justices, at any time previous to
said thirty-first day of March.

[Approved by the Governor, February 25, 1834.]

MANU. MUX. FIRE INS. CO. Feb. 25, 1834. 41

CHAP. XXXIV.

An Act incorporating the Manufacturers Mutual
Fire Insurance Company.

Sec. 1. x5e z7 enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That Sylvanus Hoi- Persons incorpo-
brook, George A. Trumbull, David T. Brigham,
George T. Rice, their associates, successors and
assigns shall be a corporation by the name of the
Manufacturers Mutual Fire Insurance Company,
and enjoy all the privileges and powers incident
to such corporations, for thirty years, from and after
the passing of this act.

Sec. 2. Be it further enacted, That the property Management of

. corporation.

and concerns of said corporation shall be managed
by a president and twelve directors, who shall be
members of said corporation, and be chosen by
ballot at the annual meeting thereof, each member
being entitled to as many votes as he has policies,
with the right of voting by proxy, and shall hold
their offices during one year and till others are
chosen in their stead.

Sec. 3. Be it further enacted. That when the, when subscrip-

, . , , , . Ill • *'0n amounts to

sum subscribed to be insured by the associates two millions of
shall amount to two millions of dollars, the said
corporation may, and they are hereby authorized
to insure for a term not exceeding one year any
manufacturing establishment, within this Common-
wealth, v^'ith all buildings, fixtures, machinery,
tools, implements, stock and goods to the same
6

42 MANU. MUT. FIRE INS. CO. Feb.25, 1834.

belonging, or any way pertaining, against damage
arising to the same by fire. And in case any mem-
ber shall sustain damage by fire, over and above
the then existing funds of said corporation, the
directors may assess such further sum or sums
upon the deposite notes of the members, as may be
necessary to pay such loss : provided, however, that
no individual member during the term of one year
shall be held to pay by way of assessments more
than ten times the amount of premium money
which he shall be required to pay for his insurance
that year.
Buildings, &r. Sec. 4. Be. it furtlier enacted, That whenever

insured to be . .

held as security thc Said corporatiou shall make msurance upon

for deposite i • i i

notes. any buildmg or other property which they are by

this act authorized to insure, the said building
with the land under the same, with all fixtures,
machinery, tools and implements so insured shall
be held by said corporation as security for any
deposite note which they may hold of the member

Policy creates a for whoiTi they are insured. And the policy of

Hen on buildings . i r • i

insured. lusurancc to any member ot said corporation upon

his building, fixtures, machinery, tools or imple-
ments, shall of itself create a lien upon the same
for the sum of any such deposite note, and the costs
which may accrue in collecting the same, without
any other act in law whatsoever, and said lien
shall continue during the existence of said policy,
or till the amount of said note shall be paid, or
otherwise secured to the satisfaction of said corpo-
ration, notwithstanding any transfer or alienation
thereof.
Monies received Sec. 5. Be It farther enacted, That all monies

for premiums, i-iini -ii

how to be in- which shall be received by said corporation, for

vested.

premiums, shall, under the direction of the presi-

MANU. MUT. FIRE INS. CO. Feb. 25, 1834. 43

dent and directors, be invested in stock, notes,
bonds, or other productive securities, and the
same with the income thereof be appropriated to
pay the expenses of said corporation, loans which
occur, or in return dividends to the members of
said corporation.

Sec. 6. Be it further enacted, That when any ^^^''^ss STr'""
person shall sustain any loss by fire, of buildings or ^JJ^l'^y'lJ^'
other property insured by said corporation, he "J^JJ^J'^l'^^'^^ih.
shall within sixty days after such loss give notice '"S'^'y^ays.
thereof in writing at the office of said corporation.

And it shall be the duty of said president and P/esidentand

J ' directors to pro-

such directors as may be fixed upon for that pur- l^i^^.'^2l\ce
pose, to proceed immediately to the place where ^^ppj^^^^l
said fire happened, and determine in writing under
his or their hands the amount, if any, of said cor-
poration's liability for such loss, and if the suflferer
shall not acquiesce in their determination, said
sufferer may, within ninety days after notice of said
determination, and not after, bring an action at
law against said corporation for such loss, before
any court of competent, jurisdiction to try the
same ; and in case the sufferer shall not in such
action recover more than the damage determined
on in the manner aforesaid, the plaintiff shall have
judgment in said action, but the corporation shall
recover their costs, and execution shall issue for
the balance in favor of the party entitled to it :
provided, however, that said president and directors
may in all cases, if the sufferer does not acquiesce
in their determination, submit his claim to referees
to be mutually agreed upon, whose award shall be
returnable at the Court of Common Pleas next to
be holden in the county of Worcester, and be final,
and the said court shall enter up judgment and
issue execution thereon.

44 MANU. MUT. FIKE INS. CO. Feb. 25, 1834.

dem'an°cf di?ec- ^^c. 7. Be it further enacted, That as soon as
JorpoTitton's ^^^ corporatioii's liability shall be ascertained in
tiined"'' '^ ^^'^^'^ either of the ways mentioned in this act, and the
funds on hand belonging to the said corporation
are sufficient to pay the same, the president and
directors shall cause the same to be paid to the
sufferer, at the office of said corporation, within
thirty days after he shall have made demand for
the same at said office. And if it shall so happen
that the funds on hand belonging to said corpora-
tion are insufficient to pay and satisfy said liability,
the said president and directors shall immediately
cause an assessment to be made upon the deposite
notes of each member and cause the same to be
forthwith collected and paid over to the sufferer in
the time and manner above mentioned.

Liabilities of - Sec. 8. Be it further enacted, That if any mem-
members in case ■• r- • i • i • i i

of neglect or bcT oi said corporatiou or his legal representatives

refusal to pay i n i / i i • i

assessments. shall ncglcct or rciuse to pay the amount which
may be assessed upon his note in the manner
above mentioned, for the space of thirty days,
after demand shall have been made for the pay-
ment of the same, in the manner said corporation
shall appoint, he or they shall be liable to the suit
of the corporation therefor in an action of the case
in any court of competent jurisdiction ; and the
said corporation having obtained judgment and
execution for the amount, may, at their election.

Execution, how causc Said cxccution to be levied upon the estate
or property whereon by this act they may have a
lien for the same, and the officer having said exe-
cution shall proceed to satisfy the same by the sale
and conveyance of said estate or property, in the
same manner, as is provided by law for the sale
of the right of redeeming real estate, and the

MANU. MUX. FIRE INS. CO. Feb. 23, 1834. 45

owner thereof shall have the right of redeeming
the same within one year, by paying to the pur-
chaser thereof the amount of said execution and
costs with interest on the same at the rate of
twelve per cent.

Sec. 9. Be it further enacted. That if the said when president

^ and directors

president and directors shall neglect or refuse to shaii refuse to

* "• " pay the amount

pay the amount which may be due to any sufferer duetoanysuf-
for the space of thirty days after the same shall
have been determined as aforesaid, out of the
funds then on hand, or from collections of assess-
ments, as is herein provided, if the same be suffi-
cient, then and in such case such sufferer shall
have a right to levy his execution, which he may
have obtained on the judgment recovered against
said corporation, upon any of the funds thereof, and
in case said funds be insufficient to satisfy said
execution and costs, then said sufferer may levy
his execution upon any estate or property of the
president or any director of said corporation, in
the same manner as an execution recovered against
them, to the amount which shall be sufficient to
satisfy said execution and costs. And the presi-
dent, or any director whose estate or property shall
be so taken, may recover compensation therefor
by an action of the case against said corporation.

Sec. 10. Be it further enacted. That the office office and re-

"^ cords to be kept

and records of said corporation shall be kept at ^t such place as

* ' president and

such place in Worcester, in said county of Worce- directors shaii

f •' provide.

ster, as the president and directors shall from time
to time provide, and the annual meetings of said meetings.
corporation shall be held at said Worcester, on the
first Wednesday of October.

Sec. U. Be it further enacted, That David T. First meeting.
Brigham is hereby authorized to call the first

46 DUXBURY UNIVER. SOC. Feh. 28, 1834.

meeting of said corporation, at such time and place
in said Worcester, as he may think proper, giving
notice thereof in the several newspapers printed in
said Worcester, and in two daily newspapers print-
ed in Boston, at least fourteen days previous to
said meeting.

[Approved by the Governor, February 25, 1834.]

CHAP. XXXV.

An Act in addition to " an Act to incorporate the
First Universalist Society in Duxbury."

j3E it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That all sums of money
hereafter voted to be raised by the First Univer-
salist Society in Duxbury, on the pews in their
meeting-house, shall be assessed and levied ac-
cording to an appraisal hereafter to be made by a
committee appointed by said society, any thing in
the act to which this is in addition, to the contrary
notwithstanding.

[Approved by the Governor, February 28, 1834.]

WEST. MEETING-HOUSE. Feb, 28, 1834. 41

CHAP. XXXVI.

An Act to incorporate the Proprietors of the West-
erly Meeting-house in Scituate.

Sec. 1. Be it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That Ichabod R. Ja- Persons incorpo-
cobs, Michael Jacobs and Howard Bouker, their
associates and successors, are hereby made a cor-
poration by the name of the Proprietors of the
Westerly Meeting house in Scituate, with all the
powers and privileges and subject to all the duties
and liabilities by law incident to religious societies,
legally established in this Commonwealth.

Sec. 2. Be it further enacted, That said corpo- Estate.
ration shall have power to hold and manage any
estate, the annual income of which, exclusive of
their meeting-house, shall not exceed two thou-
sand dollars ; to be devoted exclusively to religious
purposes.

[Approved by the Governor, February 28, 1834.]

48 PATUCKET BRIDGE. Feb. 28, 1834.

CHAP. XXXVII.

An Act to change the name of the " Middlesex
Merrimack River Bridge" to that of " Patucket
Bridge."

Be it enacted by the Senate and House
of Representatives, in General Court assembled, and
Persons incorpo- })y (fie autkorit]) of the same, That " an act for in-
corporating certain persons for the purpose of
building a bridge over Merrimack River at Pa-
tucket Falls, between the towns of Chelmsford and
Dracut, in the coimty of Middlesex, and for sup-
porting the same," passed on the first day of Feb-
ruary, in the year of our Lord one thousand seven
hundred and ninety-two, be, and the same is hereby
so far altered and amended that the said corpora-
tion may take and hereafter be known in law by
the name of the proprietors of " Patucket Bridge."

[Approved by the Governor, February 28, 1834.]

NANTUCKET ATHENEUM. Feb. 28, 1834. 49

CHAP. XXXVIII.

An Act to incorporate the Nantucket Atheneum.

-DE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, l^hat David Joy, p^^^^„, .^^^^^^
Charles G. Coffin, Paul Swift, Gorham Coffin, and ^^'^'*-
Barker Burnell, their associates, successors and
agsigns, are hereby made a corporation, by the
name of the Nantucket Atheneum, with all the
powers and subject to all the requirements contain-
ed in the statute of one thousand eight hiandred
and thirty-three, chapter eighty-third ; with power
also to hold real and personal estate, not exceeding
in value the sum of thirty thousand dollars, to be
appropriated exclusively to scientific and literary
purposes.

[Approved by the Governor, February 28, 1834.]

50 ISLAND OF NIX'S MATE. Feb. 28, 1834.

CHAr. XXXIX.

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

xJE it enacted by the Senate and House
of Representatives, in General Court assembled^ and
mo yrarwiiow-*^ % ^'^^ aulhority of the same, That a further time of
wuf^rovTsmnSf ^wo ycars, from the passing of this act, be allowed
act of 1832. ^-Qj. complying with the provisions of an act passed
on the twentieth day of February, in the year of
our Lord one thousand eight hundred and thirty-
two, ceding the jurisdiction of the Island of Nix's
Mate, in Boston harbor, to the United States.

[Approved by the Governor, February 28, 1834.]

CHAP. XL.

An Act respecting the Sale of the Ministerial Lands
in the First Parish in Wrenthain.

JlSE it enacted by the Senate and House

of Representatives, in General Court assembled, and

Funds arising ^j, (fi^ autlioritv of the Same, That the inhabitants

from the sale of •' v k/

lands, iiow to be of thc first parish in Wrentham are hereby author-

appropnated, r j

^'^' ized to appropriate the funds arising from the sales

MAN. LABOR HIGH SCHOOL. Feb. 28, 1834. 51

of the lands belonging to the first parish and church •
in Wrentham, towards the erection of a new meet-
ing-house and vestry in said parish, for the use of
the ministry, and that the several deeds, executed
in due form of law, and delivered to the purchasers
of said lands, by agents duly appointed by the par-
ish and church for that purpose, shall be deemed
valid and effectual in law to convey the interest of
the parish and church in the premises, as described
in the deeds aforesaid.

[Approved by the Governor, February 28, 1834.]

CHAP. XLI.

An Act to incorporate the Worcester County Man-
ual Labor High School.

Sec. 1. XjE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That Abiel Fisher, Jo- Persons incorpo-
seph White, Otis Converse, Frederic Augustus
Willard, Alonzo King, Joseph G. Binney, Otis
Corbett, Isaac Davis, Edward Phillips, Samuel D.
Spurr, Pearly Goddard, Daniel Goddard, Ichabod
Washburn, and their successors, be, and they here-
by are incorporated by the name of the Trustees
of the Worcester County Manual Labor High
School, for the purpose of establishing and main-
taining such a school in the town of Worcester, for
the education of youth in the languages, arts, and
sciences, for promoting habits of industry and

52 MAN. LABOR HIGH SCHOOL. Feb. 28, 1834.

economy, and inculcating the principles of piety
and virtue.

tee^ ero rus- g^^ ^^ ^^ it further euacted, That the number
of said trustees shall never be greater thac fifteen,
nor less than ten, a majority of whom shall consti-

Proviso. tute a quorum for doing business: provided, how-

ever, that a less number may adjourn a meeting of
the board, and the said trustees, and their succes-
sors, are hereby made the visitors and govern-
ors of said school, with power to elect the instruc-
tors thereof, to establish regulations for the gov-
ernment of the same, and to hold by gift, grant,
devise or otherwise, any estate, real or personal :
provided, that the same shall be faithfully applied
for the purposes specified in this act, and shall not
exceed in value the sum of one hundred thousand
dollars.

Trustees may re- Sec. 3. Be it further enucted. That the said

move a member i • i r i i

of the board, and trustccs, by a vote ot two thirds 01 the members

fill vacEincies. , ■ i r

present, at any regular meeting thereot, may re-
move a member of the board, and by a major vote
may fill all vacancies that may happen by reason
of death, resignation, or otherwise.

[Approved by the Governor, February 28, 1834.]

CITY MUX. FIRE INS. CO. Feb. 28, 1834. 63

CHAP. XLII.

An Act to amend an Act incorporating the City
Mutual Fire Insurance 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 the eleventh sec- J"^ '^•=^1°" °^

*' J u ' former act re-

tion of the act to which this is in addition is here- pea'^'*
by repealed.

Sec. 2. Be it further enacted, That at the ex- company shaii

-' ' pay to the assur-

piration of the term of each policy, the said com- ^''^•'•^ ^'^ p''°-

• I y ' portion of premi-

pany shall pay to the assured, each his proportion "^ and deposUe

' •' r J ' r r money, ifec.

of premium and deposite money ; and further, shall
pay to the assured, each according to his propor-
tion of premium and deposite money, all the net
profits accruing to said company from the invest-
ment 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 the act to which this is in addition.

[Approved by the Governor, February 28, 1834.]

64 BOS. & GLOU. GRANITP:. CO. Fe6. 28, 1834.

CHAP. XLIII.

An Act to incorporate the Boston and Gloucester
Granite Company.

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

J'j^j^^J'"* '"«°'"P°- by the authority of the same, That Jeremiah Weth-
erbee, William Crehore, and their associates, suc-
cessors and assigns, are hereby made a corpora-
tion, by the name of the Boston and Gloucester
Granite Company, for the purpose of procuring,
hammering and cutting granite stone in the city of
Boston and town of Gloucester, and for this pur-
pose shall have all the powers and privileges, and
be subject to all the duties and requisitions speci-
fied 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."

Capital stock. Sec. 2. Be it further enacted, T\mi the capital

stock of said corporation shall not exceed the sum
of thirty thousand dollars, and that the said corpo-
ration may be lawfully seized and possessed of

Real estate. such real cstatc as may be necessary and conven-
ient for the purposes aforesaid, not exceeding the
value of twenty thousand dollars, exclusive of the
buildings and improvements that may be made
thereon by the said corporation.

[Approved by the Governor, February 28, 1834.]

LINCOLN'S WHARF. F€6. 28, 1834. 66

CHAP. XLIV.

An Act to incorporate the Taunton Market House
Company.

Jl>E it enacted by the Senate and Hoi/se
of Representatives, in General Court assembled, and
by the authority of the same, That A. Bassett, James persons incorpo-
Sproat, Franklin Dunbar, their associates, succes- '
sors and assigns, are hereby created a corporation,
by the name of the Taunton Market House Com-
pany, for the purpose of erecting, managing and
improving a market house in the town of Taunton,
in the county of Bristol, with power to hold and
manage real estate not exceeding in value the sum
of twelve thousand dollars, and personal estate not
exceeding in value the sum of two thousand dollars.

[Approved by the Governor, February 28, 1834.]

CHAP. XLV.

An Act authorizing the Proprietor of Lincoln's
Wharf to extend the same.

JjE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That the proprietor of exTen?whaTf^^
the wharf in the city of Boston, now called and

56 BREWSTER MINIS. LANDS. Feb. 28, 1834.

known by the name of Lincoln's Wharf, is hereby
authorized to extend and maintain his said wharf
into the harbor channel, as far as to a line drawn
straight from the present northeasterly corner of
Union Wharf, at the end thereof, to a point at the
northerly end of said line, intersected by the south-
easterly side of the marine railway wharf; and that
he shall have and enjoy the right and privilege of
using and occupying the flats adjacent to said
wharf, when so extended, at the end, and at the
sides thereof, in the same manner in uhich he has
hitherto occupied and enjoyed the flats, adjoining
said wharf, as it now is : provided, that nothing in
this act contained, shall in anywise impair, or in-
terfere with the legal rights of any other person or
persons whomsoever.

[Approved by the Governor, February 28, 1834.]

CHAP. XLVI.

An Act to repeal " an Act to authorize the town of
Brewster to sell the Ministry Lands, and appro-
priate the proceeds thereof towards the Minis-
terial Funds," and to appoint trustees for the
management thereof.

Sec. 1. x5E z7 enacted by the Senate and House
of Representatives, in General Court assembled, and
pealed! '^^^ '"®* by the authority of the same, That "an act to author-
ize the town of Brewster to sell the ministry lands,
and to appropriate the proceeds thereof towards the

BREWSTER MINIS. LANDS. Feb. 28, 1834. 57

ministerial funds, and to appoint trustees for the
management thereof," passed on the twenty-sev-
enth day of February, A. D. one thousand eight
hundred and eleven, is hereby repealed.

Sec. 2. Be it further enacted, That all monies ah monies, &c.
and all securities for monies vested, which have ac- and Transferrer'

■, c , , r \ -1 •• -lilt" the treasurer

crued trom the sale ot the said nnnisterial lands, of the nonhpar-
under the said act which is hereby repealed, which
are in the hands of said trustees or their treasurer,
together with all the books and papers relating to
the said funds, in the possession of either of the
said trustees, their clerk, or their treasurer, shall be
paid over and transferred by the said trustees, their
clerk, or treasurer, to the treasurer of the north
parish of Harwich, which parish lies mostly in the
town of Brewster, within one month from the pass-
ing of this act.

Sec. 3. Be it further enacted. That the said North parish of

*-^ Harwich author-

north parish of Harwich are hereby authorized to ized to appropri-

' _ •' ate and expend

appropriate and expend the monies and property so *•>« monies, &c.

transferred to the treasury of the said parish, for

the purpose of repairing the meeting house of the

said parish, or for the building a new meeting house,

as they may deem expedient, and determine in legal

parish meeting.

Sec. 4. Be it further enacted, That the said ^^"f'' ^^v^"?-

•-' ' point agents to

parish, at any legal meeting of the same, may ap- ]^^d?°'^^"'^
point an agent or agents, to sell the remaining
ministerial lands of the said parish, at public auc-
tion or private sale, as they shall think most advan-
tageous for the interests of the said parish, and to
pay the proceeds of such sale into the treasury of
said parish, to be appropriated by the said parish
for the same purposes as are specified in the third

section of this act. And the said agent or agents,
8 ^ S '

58 ATLAS BANK. Feb. 28, 1834.

so chosen, are hereby authorized and empowered
to make, execute and dehver, good and sufficient
deed or deeds to convey the said lands to the pur-
chaser or purchasers thereof, according to law.

[Approved by the Governor, February 28, 1834.]

CHAP. XLVII.

An Act in addition to "an Act to establish the
Atlas Bank."

JjE it enacted by the Senate and House

of Beprcsentatives, in General Court assetiibled, and

be^paui in wiihin % tliB cuthority of iks samc, That so much of " an

tiep'ssbgoPact to establish the Atlas Bank," passed on the

this act. twenty-eighth day of March, in the year of our Lord

one thousand eight hundred and thirty-three, as

regards the time within which the stockholders are

required to pay in the capital stock thereof, is

hereby repealed ; and that the stockholders of said

bank are hereby required to pay in the said capital

stock within six months from the passing of this act.

[Approved by the Governor, February 28, 1834.]

BASS RIVER. Feb, 28, 1834. 59

CHAP. XLVIII.

An Act to authorize Simeon Crowell, and another,
to erect Piers in Bass 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 Simeon Crow- Authorized to

ii/->ii-i' 1 • erect piers or

ell, and Simeon Crowell 3d, their heirs and assigns, wharves.
are hereby authorized to erect piers or wharves
adjoining their premises, situated upon Bass river,
in the town of Yarmouth, by driving piles in the
said river, at the edge of the channel of the same,
next adjoining their said premises, and extending to
the said piles, from their said premises, such wharves
or piers : provided, however, that the said piles shall
in no case be driven or placed in the said river, at
a greater distance from the shore than eight feet
below low water mark.

Sec. 2. Be it further enacted, That the said ^^"^^"/iVat
Crowells, their heirs or assigns, shall have liberty "'^*'''^^°'^• „

' o ' J ends of said piers

to haul vessels at the sides and ends of the said ""^^harves.
piers or wharves, and receive of the owners or mas-
ters of the same, reasonable wharfage therefor:
provided, however, that not more than two vessels
shall be allowed to lie abreast, at the side of any
such wharf or pier, next to the channel, at any one
time : and provided, also, that this grant shall in no-
wise interfere with the legal rights of any other
person or persons whomsoever.

[Approved by the Governor, February 28, 1834.]

60 SALEM MERC AN. INS. CO. Feb, 28, 1884.

CHAP. XLIX.

An Act to authorize the " Mercantile Insurance
Company in Salem" to reduce its capital stock.

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

capit Jltock. * ^ by the authority of the same, i hat the Mercantile In-
surance Company in Salem are hereby authorized
to reduce the capital stock of the said corporation to
one hundred thousand dollars, and such reduced cap-
ital stock shall be divided into one thousand five
hundred shares, each share to consist of sixty-six
dollars and sixty-six and two-thirds cents : provided,
that nothing herein contained shall affect or dimin-
ish the number of shares which any stockholder
now holds or is entitled to, in the capital stock of
said company, but the same shall remain as though
this act had not been passed-

forfmadel'noMo' ^Ec. 2. Be it further enucted, That no contracts

be affected. whatever, heretofore made by the said corporation,
shall be in any manner affected or impaired by said
reduction.

effecL*"^°'°*^^ Sec. 3. Be it further enacted, That this net shuW
not take effect, until by reassurance or compromise
with the assured, said corporation shall have protect-
ed or relieved itself from so much of any outstanding
risk, as exceeds the sum of ten per centum of its re-
duced capital.

[Approved by the Governor, February 28, 1834.]

ENGINE MEN. March 1, 1834. 61

CHAP. L.

An Act concerning the appointment of Engine Men.

Sec. 1. Jl>E it enacted by the Senate and House
of Representatives^ in General Court assembled, and
by the authority of the same, That the public fire Number of en-

, , • I • /^ 11 ginemen to each

engines in the several towns in this Commonwealth, engine, &c.
shall be manned by the numbers and in the manner
hereinafter directed. To each common fire engine
there shall be appointed a number not exceeding
thirty men; and to each hjdraulion, or suction fire
engine, a number not exceeding forty-five men.
And whenever said suction engines shall be suffered
to go out of repair, and remain so, and be used as
common engines only, the said number of forty -five
men shall be reduced to the number of thirty, herein
prescribed for common engines : provided, however,
that this act shall not affect the right now existing
in any city or town, to have a greater number of en-
gine men appointed than as hererein prescribed.

And the mode of appointment, duties, liabilities, Mode of appoint-
privileges and exemptions of said additional engine "'^°''*^'^'
men, shall be the same as those of engine men under
existing laws.

Sec. 2. Be it further enacted. That all persons Members enti-

j 1 . , . f, 1 1- r» ''fid to receive a

duly appointed engine men lor any public hre en- sum equal to the

. , . i i^ 11 111 po" '^* '° '''^

gine, within the Commonwealth, and all persons state, county and
duly appointed members of the fire department es-
tablished in any city or town, and who shall have
done duty as such for the space of one year prior to
the first day of May, in each year, shall be entitled

62 ENGINE MEN. Marchl, \S34>.

to receive from the treasurers of their respective
towns and cities, a sum equal to the poll tax to the
state, county, and towns (exclusive of highway taxes)
which may have been paid by such persons, or by
their parents, masters, or guardians.
chiefEngineer Aud it shall bc the duty of the chief engineer, or

to make out a list i i i i i i t f rr-

ofaii persons who of the officer who holds, by law, the first office in

have performed r i i i- i j

all the duties re- any fire department, established as aforesaid; and

quired by law. "^ ^ i- rr n

of the foreman, or commanding officer of any public
fire engine, in any town where no fire department is
established by law, on or before the first day of May,
in each year, to make out and certify to the asses-
sors of each city or town a list of all persons in their
department and companies respectively, who, through
the year preceding, have performed all the duties
therein required by law.
Assessors to ex- And thc asscssors shall, within ten days thereat-

amine said lists,

&c. ter, examine said lists, and certify to the treasurers

of their respective cities or towns the amount to be
paid to each person named therein ; and the said
treasurers shall, on request, pay the same to the per-
sons so named, or, if minots, to their parents, mas-
ters or guardians. And upon refusal of any such
city or town so to pay, the persons entitled may
severally have an action for money had and received,
against such city or town, to recover the same.

Penalty for mak- Sec. 3. Bc it furilier enucted. That if any chief

ing false certin- _ *^ _ ' •' ^

caie. engineer, or other officer required to make a certifi-

cate to the assessors, as herein provided, shall wilful-
ly refuse to make such certificate, or shall wilfully
or fraudulently make a false Certificate, he shall for-
feit and pay a sum not less than twenty, nor more
than fifty dollars, to be recovered in any court proper
to try the same, to the use of the city or town in
which the person in whose favor such certificate
ought to have been or shall be made, vi^as assessed

GRAND LODGE OF MASS. March 4, 1834. 63

Sec. 4. Be it further enacted, That the statute Act of i826 re-

. I I pealed.

of eighteen hundred and twenty-six, chapter one hun-
dred and ten, entitled " an act to increase the num-
ber and provide for the appointment of engine men,"
is hereby repealed.

Sec. 5. Be it further enacted, That the second J;,°„"„^3^„^';;j;'''*^
and third sections of this act shall not take effect in lg^^^^'' '" '""^^
any town or city in this Commonwealth, unless the
same shall be ado[>ted and approved annually, at the
annual town meeting: in each town, for the choice of
town officers, or by the mayor and aldermen of the
city of Boston, or by the city council thereof, some
time in the months of March or April.

[Approved by the Governor, March 1, 1834.]

CHAP. LI.

An Act to terminate the corporate powers of the
Grand Lodge of Massachusetts.

-DE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That "an act to incor- Act of isn re-

'^ '^ '^ pealed.

porate the master, wardens and members of the
Grand Lodge of Massachusetts," passed on the six-
teenth day of June, in the year of our Lord one
thousand eight hundred and seventeen, is hereby re-
pealed.

[Approved by the Governor, March 4, 1834.]

64 DOUGLAS AXE MANU. CO. March 4, 1834.

CHAP. LII.

An Act to incorporate the Douglas Axe Manufac-
turing Company.

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

ra^ted!"^ ""^°'^''° % ^Ae authoTity of the same. That Warren Hunt
and Alexander Scudder, their associates and suc-
cessors, are hereby made a corporation by the name
of the Douglas Axe Manufacturing Company, for
the purpose of manufacturing edge tools in the
town of Douglas, in the county of Worcester,
with all the powers and privileges and subject to
all the duties and liabilities provided in the fifty-
third chapter of the statutes of the year eighteen
hundred and twenty-nine ; and, for the purpose

Real and person- aforcsaid, may hold real estate not exceeding in
value the sum of thirty thousand dollars, and per-
sonal estate not exceeding in value the sum of
thirty thousand dollars.

[Approved by the Governor, March 4, 1834.]

MOUNT HOLYOKE BRIDGE. March 4, 1834. 65

CHAP. LIII.

An x\ct to incorporate " the Proprietors of Mount
Holjoke Bridge."

Sec. 1. iSE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That Joseph Lyman, Persons incorpo-
Daniel Stebbins, William H. Mosely, their asso-
ciates, successors and assigns, are hereby made a
corporation by the name of " the Proprietors of
Mount Holyoke Bridge," with all the powers and
privileges, and subject to all the requirements con-
tained in the eighty-third chapter of the statutes of
eighteen hundred and thirty-three.

Sec. 2. Be it further enacted. That said pro- fhTrd^o e'e'ct
prietors be, and they hereby are authorized and ^"'*^®'
empowered to erect a bridge over Connecticut
River, between Northampton and Hadley, at some
convenient place not more than one hundred rods
distant from Hockanum Ferry, so called, and said
bridge shall be well built with suitable materials, at
least twenty-six feet wide, and covered with planks
with sufficient rails on each side for the safety of
passengers travelling thereon ; and the same shall
be kept in good repair at all times.

Sec. 3. Be it further enacted, That a toll is ToUs.
hereby granted and established according to the
rates following, viz. for each foot passenger three
cents ; for each horse and rider seven cents ; for
each horse and chaise, chair, sulkey, carryall or
wheel carriage for passengers, drawn by one horse,
sixteen cents ; for each coach, phaeton or other
9

66 MOUNT HOLYOKE BRIDGE. March 4, 1B34.

wheel carriage drawn by two horses, thirty-three
cents ; for each additional horse six cents ; for
each sleigh drawn by one horse, ten cents ; if by
two horses, twelve cents and five mills ; and for
each additional horse, three cents ; for each cart,
sled or other carriage of burthen, drawn by one
beast, ten cents ; if drawn by two beasts, sixteen
cents, and if by more and not exceeding four beasts,
twenty cents, and for each additional beast, four
cents ; for each horse, ass, or mule, without a rider,
and for neat cattle, each four cents ; for sheep and
swine, one cent each ; and one person and no more
shall be allowed to each team to pass free of toll.
And all persons, who shall have occasion to pass
said bridge to perform military duty, shall pass free
of toll ; and the toll shall commence on the day of
opening said bridge, and shall continue for the term
of seventy years ; and at the place of receiving said
toll, there shall be erected and constantly exposed
to view, a sign-board, with the rates of toll fairly
and legibly printed thereon, in cnpital letters. And
the said corporation, at the time of opening said
bridge, shall cause a true and just account of the
expenses thereof, and also at the end of every three
years thereafter, a true and just account of all receipts
and disbursements, to be returned into the office of
the Secretary of this Commonwealth ; and after
thirty years from the opening of said bridge, the
General Court may regulate the rates of toll receiv-
able thereat : provided, however, that if the said
proprietors shall neglect, for the space of six years
from the passing of this act, to build and finish the
said bridge, then this act to be void and of no
effect.

HOOSAC RIVER MANU. CO. Marrh 4, 1834. m

Sec. 4. Be it further enacted, That said cor- Toiis commuted.
poration, may, if they see cause, commute the rates
of toll with any person or persons, by taking of
him or them a certain less sum, quarterly, or annu-
ally, instead of the toll aforesaid, or by taking of
all persons less rates of toll than specified as afore-
said, the proprietors giving public notice of their
intention so to do, by publishing the same three
weeks successively in two newspapers, one printed
in the county of Hampshire, and one in the county
of Hampden ; in which case the proprietors of the
Northampton and Springfield bridges shall have
power to alter their tolls, in like manner, and to
the same rates.

[Approved by the Governor, March 4, 1834.]

CHAP. LIV.

An Act to incorporate the Hoosac River Manufac-
turing 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 David Anthony, Persons incorpo-
Isaac U. Hoxie, and Warren I. Hodge, their asso-
ciates, successors and assigns, be, and they hereby
are made a corporation by the name of the Hoosac
River Manufacturing Company, for the purpose of
manufacturing cotton goods in the town of Adams
and county of Berkshire, and for this purpose shall
have all the powers and privileges and be subject

68 BLUMVAT.E IRON CO. March 4, 1834.

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."
Capital stock. Sec. 2. Be it further enacted^ That the capital
stock of said corporation shall not exceed the sum
of fifty thousand 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 purpose aforesaid, not exceeding the sum of
twenty thousand dollars.

[Approved by the Governor, March 4, 1834.]

CHAP. LV.

An Act to incorporate the Blumvale Iron Company.

Sec. 1. JlSE i7 enacted by the Senate and House
of Representatives, in General Court assembled, and
Persons incorpo- 6y the authority of the same. That James Blum,
Governeur Kemble, and William Kemble, their
associates and successors, are hereby made a corpo-
ration by the name of the Blumvale Iron Company,
for the purpose of making pig iron from the ore, in
Stockbridge, in the county of Berkshire, and for
that purpose shall have all the powers and privi-
leges, and be subject to all the duties and liabilities
provided in the fifty-third chapter of the statutes of
the year eighteen hundred and twenty-nine.

MASS. TURNPIKE. March 6, 1834. 69

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

111 J • • *' estate.

ration may hold such real estate not exceeding in
value the sum of fifty thousand dollars, and such
personal estate not exceeding in value the sum of
fifty thousand dollars, as may be necessary and con-
venient for carrying on the manufacture aforesaid.

[Approved by the Governor, March 4, 1834.]

CHAP. LVI.

An Act concerning the Rate of Toll on the Eighth
Massachusetts Turnpike.

JljE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That the Eighth Mas- Rateof toii.
sachusetts Turnpike Corporation are hereby em-
powered to demand and receive six and one quar-
ter cents, and no more, for wagons drawn by one
horse over their road and through their gates.

[Approved by the Governor, March 6, 1834.]

Hi) BERK. M. L. H. SCHOOL. March 6, 1834.

CHAP. LVH.

An Act to incorporate the Berkshire Manual La-
bor High School.

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

Persons incorpo- by the authority of the same. That Theodore Sedg-
wick, Thaddeus Pomeroy, Horatio Byington, T. S.
Pomeroy, Cyrus Williams, and Edward Burnall,
their associates and successors, are hereby made a
corporation, by the name of the Berkshire Manual
Labor High School, to be established in the town
of Stockbridge, with all the powers and require-
ments contained in the statute of one thousand
eight hundred and thirty-three, chapter cighly-

^e^»j^a|'«^pe''s«'"- third ; with power also to hold real and personal
estate to an amount not exceeding fifty thousand
dollars, to be appropriated exclusively to the pur-
poses of education.

[Approved by the Governor, March 6, 1834.]

DAVIS MANUFAC. CO. March 6, ISS4>. tt

CHAP. LVIII.

An Act to incorporate the Davis Manufacturing
Company.

Sec. 1 . tjEit enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That Edward H. Rob- Persons incorpo-
bins and Nathaniel May, their associates, successors,
and assigns be, and they hereby are made a cor-
poration, by the name of the Davis Manufacturing
Company, for the purpose of manufacturing cotton
goods in the New-England Village so called, in
the town of Grafton and county of Worcester, and
for this purpose shall have all the powers and priv-
ileges, 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 manu-
facturing corporations."

Sec. 2. Be it further enacted, That the capital capUai stock.
stock of said corporation shall not exceed the suai
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 fifty thousand dollars, exclusive of
buildings and improvements made or to be made
thereon.

[Approved by the Governor, March 6, 1834.]

LOWELL FIRE DEPART.

March 6, 1834.

CHAP. LIX.

companiesi.

An Act in addition to an Act establishing a Fire
Department in the Town of Lowell.

-t>E it enacted by the Senate and House

of Representatives, in General Court assembled, and

Selectmen may bu the authority of the same, That the Fire Depart-

eslablish fire "^ ./ ^ i

ment of the town of Lowell shall hereafter consist
of one or more fire companies, as the selectmen
of said town shall judge expedient, in addition to
the officers and members of said fire department,
authorized to be appointed by the act to which
this is in addition ; and the members of said fire
companies shall be appointed in the same manner
and for the same term of time, as the other mem-
bers of said fire department are now authorized by
law to be appointed ; and the number of members
to be attached to each fire company shall be reg-
ulated by the selectmen, who shall prescribe the
duties to be by thejn performed.

[Approved by the Governor, March 6, 1834.]

Members how
appointed, &.c

HINGHAM FIRE DEP'T. March 6, 1834. 73

CHAP. LX.

An Act establishing a Fire Department in the town
of Hingham.

Sec. 1. 13¥. it enacted by the Senate and House
of Representatives^ in General Court assembled^ and
by the authority of the same, That the Fire Depart- Appointment of

engineers en*

ment of the town of Hingham shall hereafter con- ginemen, &c.
sist of a chief engineer, and as many engineers and
fire-wardens, not exceeding twelve in number, as
the selectmen of said town shall annually, on the
day of any legal meeting in March or April, ap-
point, who shall hold their office for the term of one
year from the day of their appointment, and until
others are appointed ; also of as many enginemen,
hosemen, hook and laddermen, as said selectmen,
at said meeting, or as soon after as may be, shall
appoint : provided, that the number of firemen so
appointed, shall not exceed fifty men to each hy-
draulion, thirty-five men to each common engine,
and five men to each hose carriage ; that the num-
ber of hook and laddermen shall not exceed fifty,
and the number of hosemen shall not exceed fifty.

Sec. 2. Be it farther enacted, That the select- selectmen em-
men of said Hingham shall have power to fill any vacancies, &c.
vacancy that may occur at any time in said fire
department, give certificates of all their appoint-
ments, and fix and ordain, from time to time, the
powers and duties of the chief engineer and engi-
neers, and fire-wardens respectively, in relation to
10

74 HINGHAM FIRE DEP'T. March 6, 1834.

fire engines and all other fire apparatus belonging
to, or used in said town, and also to fix and ordain,
from time to time, such rules and regulations as
may be deemed expedient for the conduct of said
fire department, and for the citizens present at
fires, and to annex penalties for the breach of any
rules and regulations they may so fix and ordain,
not exceeding twenty dollars.
Sie's of chief ^Ec. 3. Bc it further enacted, That the chief
nefir^and"^fire- engineer, engineers, and fire-wardens, so appointed,
wardens. shiiW havc the same powers and authorities relative

to pulling down and demolishing any house or other
building, to prevent the spreading of fires, and also
relative to all other matters or things affecting the
prevention and extinguishment of fires, as fire-war-
dens now by law have. And said town of Hingham
shall be liable to pay all such reasonable compen-
sation for damage done by, or consequent upon the
directions or acts of said chief engineer, engineers
and fire-wardens, as other towns in this Common-
wealth are liable to pay in like cases, for like acts
and directions done or given by their fire-wardens;
Fines. and all fines and forfeitures arising within said

town of Hingham, under the laws of this Common-
wealth, relative to the extinguishment of, or pro-
ceedings at fires, shall be distributed in such man-
ner, and applied to such use, as said town of Hing-
ham shall ordain, any thing in said laws to the
contrary notwithstanding.
JIn'JJcd7rommii- ^^0. 4. Be itfurthcr enacted, That each mem-
itaryduty. j^^j. of said fire department shall be exempted from
military duty and service in the militia of this
Commonwealth, so long as he shall continue a
member of said fire department ; and every person
so exempted, shall be holden to produce, within

HINGHAM FIRE DEP'T. March 6, 1834. 75

thirty days after he shall have been appointed a
member of said department, and annually in the
month of April thereafter, to the commanding offi-
cer of the militia company within whose bounds he
may reside, a certificate from one of the selectmen
of said town of Hingham, setting forth that he is a
member of said fire department.

Sec. 5. Be it further enacted, That from and Fornier acts re-

•^ ' pealed so far as

after the organization of a fire department in said iijey affect the

o ' election of nre-

town of Hingham, agreeably to the provisions of "''^^'**-
this act, and notice of the same being given in the
Hingham Gazette, published in said Hingham, by
the selectmen thereof, all the laws of this Common-
wealth, relating to the election and appointment of
fire-wards, so far as they affect such election and
appointment in said town, hereby are repealed.

Sec. 6. Be it further enacted, That in addition selectmen may

, f . -11 r • 1 appoint addition-

to the loregoing, said selectmen or said town may, aitirecompa-
H they judge expedient, appoint one or more tire
companies ; and the members of said fire companies
shall be appointed in the same manner, and for the
same term of time, as the other members of said
fire department. And the number of members to
be attached to each fire company, shall be regu-
lated by the selectmen, who shall prescribe the
duties to be by them performed.

Sec 7. Be it further enacted, That the pro- Act, when to take
visions of this act shall take effect, as soon as the
same shall have been accepted by a majority of the
citizens of Hingham, qualified to vote in town af*
fairs, at a meeting legally notified for that purpose,
and shall continue in force until modified or re-
pealed by the legislature of this Commonwealth.

[Approved by the Governor, March 6, 1834.]

76 POCASSET IRON CO. March 6, 1834.

CHAP. LXI.

An Act to incorporate the Pocasset Iron Company.

Sec. 1. Ji5e ti enacted by the Senate and House
of Representatives, in General Court assembled, and
Pe^ons incorpo- ly tfif. authority of the same, That John A. McGavv,
John Kendrick, and Rufus Kendrick, their asso-
ciates, successors and assigns, are hereby made a
corporation, by the name of the Pocasset Iron
Company, for the purpose oi working and manu-
facturing iron, at Sandwich, in the county of Barn-
stable, and for this purpose shall have all the
powers and privileges, and be subject to all the
duties and requirements provided in an act passed
on the twenty-third day of February, in the year of
our Lord one thousand eight hundred and thirty,
entitled, " an act defining the general powers and
duties of manufacturing corporations."

Real and person- SeC. 2. Bc it flUthcr enOClcd, ThdiUhe Sdi\di cox-
al estate. ^

poration may lawfully hold such real estate, not
exceeding twenty thousand dollars, and such per-
sonal estate, not exceeding eighty thousand dollars,
as may be necessary and convenient for the pur-
poses aforesaid.

[Approved by the Governor, March 6, 1834.]

BOST. & BANGOR S. BOAT CO. March 6, 1834. 77

CHAP. LXIl.

An Act to incorporate the Boston and Bangor
Steam Boat 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 Francis J. Oliver, persons incorpo-
Henry Rice, Thomas Wetmore, their associates,
successors and assigns, be, and they hereby are
made a body corporate, by the name of the Boston
and Bangor Steam Boat Company, for the purpose
of running one or more steamboats, for the con-
venience of the public travel and the transportation
of merchandise, between Boston and Bangor, and
the intervening places.

Sec. 2. Be it further enacted, That said com- Real and person-

al estate.

pany may lawfully purchase, hold and convey real
estate, not exceeding the value of twenty-five
thousand dollars, and personal estate, not exceeding
the value of one hundred thousand dollars.

Sec 3. Be it further enacted, That the stock shares.
of said company shall be divided into shares of one
hundred dollars each ; and said shares shall be
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 said corpo- Assessments.
ration shall have power to assess on the several
members thereof, from time to time, such sums of
money as they may deem necessary to effect the

78 MIDDLESEX BRIDGE. March 8, 1834.

objects of said corporation : provided, that no share
shall be assessed a greater sum than one hundred
dollars. And said corporation may provide for the
sale at public auction of any share or shares, when-
ever any assessment shall be due, and not paid,
agreeably to the provisions contained in the fifth
section of an act defining the general powers and
duties of manufacturing corporations, passed on the
third day of March, in the year of our Lord one
thousand eight hundred and nine.

[Approved by the Governor, March 6, 1834.]

CHAP. LXIII.

An Act to incorporate the Proprietors of the Mid-
dlesex Bridge.

Sec. 1. J3E it enacted by the Senate and House
of Representatives, in General Court assembled, and
fZT''''''''^" by the authority of the same, That William Pierce,
Daniel A. Perkins, and George VVinslow, their as-
sociates and successors, are hereby constituted a
corj)oration by the name of "the Proprietors of the
Middlesex Bridge," with all the powers, and sub-
ject to all the duties and liabilities, contained in the
eighty-third chapter of the statutes of the year one
thousand eight hundred and thirty three.
^aTi'andtuM"; ^EC. 2. Bc it furtlier enacted. That said corpo-
MyS river!'''*" I'^tiou are hereby authorized to locate, build and
construct, or to cause to be built and constructed, a
bridge across Mystic river, from the Maiden shore,

MIDDLESEX BRIDGE. March 8, 1834. 79

near Hadley's Island, to the Charlestown shore, near
the large willow tree, north of the Charlestown alms-
house, with a good and sufficient draw, thirty-four
feet in width, said draw* to be located by commis-
sioners, to be appointed by the governor, with ad-
vice of council, at the expense of said corporation ;
and they shall erect a wharf or pier near said draw,
on each side of said bridge, for the accommodation
of vessels passing through said draw, and said bridge
and wharves shall be built of good and sufficient ma-
terials ; the bridge to be not less than thirty-two
feet in width from outside to outside, and the
wharves not less than one hundred and twenty-five
feet in length, and twenty feet in width.

Sec. 3. Be it further enacted, That said corpo- Bridge and draw
ration shall keep said bridge and draw in good repair, repair,Tc°^°°
and sliall raise the draw, and afford all necessary ac-
commodation to vessels having occasion to pass the
same ; and shall keep said bridge lighted by lamps on
each side of the same, not exceeding one hundred
feet apart.

Sec. 4. Be it further enacted, That said corpo- corporation to
ration shall make compensation to any person, per- {|'o^n'"fo'rTeares-
sons, or corporation, whose real estate shall betaken Se Jt'' said" ^''^
for the use of said bridge ; and if there shall be a ^"'^^^■
difference of opinion as to the value of the same, !„ caseofadif-
either party may apply to the court of common [on'JTo^ur't^of'""
pleas in the county where such real estate lies, for a {^"a'^point^'com-
commiltee to estimate the damage such person, per- mairthe value

• • 1 1 ^ • J 1 of said real es-

sons, or corporation will sustain ; and, upon such ap- tate.
plication, the court, after ten days notice to the ad-
verse party to appear, and show cause why such
committee should not be appointed, shall, if no good
reason be shown to the contrary, appoint three or
five disinterested freeholders within the county, who,

80 MIDDLESEX BRIDGE. March 8, 1834.

being first sworn before some justice of the peace,
and giving due notice to the parties to appear, if
thej see fit, for a hearing, shall proceed to the duties
of their appointment, and estimate the value of the
real estate taken as aforesaid, and shall make return
of their doings, as soon as may be, to the said court ;
and upon acceptance of said report, judgment shall
be given thereon, with costs to either party, accord-
ing to the discretion of the court : provided, that in
all cases either party may claim a trial by jury, as
in similar cases where lands are taken for public uses.
Rates oftoii. Sec.5. Be it furtlier euacted, That, for the pur-

pose of reimbursing the said proprietors for the
money expended, and to be expended, in building
and supporting said bridge, a toll is hereby granted,
for the benefit of said proprietors, according to the
rates following : for each foot passenger, one cent ;
for each person and horse, three cents ; for each
cart or wagon, drawn by one horse, four cents ; for
each cart or wagon, drawn by more than one beast,
six cents ; for each horse and chaise, six cents ;
for each coach, chariot, phteton, or curricle, twelve
cents ; for each man and wheelbarrow, two cents ;
for each horse and neat cattle, exclusive of those
in teams, or rode on, two cents ; for each sheep
and swine, one cent; and at the time when the toll-
gatherer shall not attend to his duty, the gate or
gates shall be left open. The said toll shall com-
mence on the first opening of said bridge for passen-
gers ; and the said proprietors shall, at the place or
places where the toll shall be received, erect and
keep constantly exposed to view, a sign or board,
with the rates of toll as established for the time
being, fairly and legibly written thereon, in large or
capital letters.

MIDDLESEX BRIDGE. March 8, 1834. 81

Sec. 6. Be it further enacted, That the treasu- Treasurer to re-

•-^ ^ port annually to

rer of the said corporation shall, on the second the Governor and

^ , Council.

Wednesday of the January next succeeding the com-
pletion of said bridge, render to the governor and
council an exact account of the cost of the bridge,
and of the expenses and income of the same up to
that time ; and thereafter he shall make to the gov-
ernor and council, a report of the expenditures on
said bridge, and income therefrom, on the second
Wednesday of January annually ; and from the bal-
ance of the income, after the expenses are deducted,
the proprietors shall be allowed to receive to their
own benefit, the amount of six per cent, per annum,
on the cost of the bridge ; and, if the balance of in-
come shall, upon any return, be less or greater than
the said amount, it shall be the duty of the governor Governor and

I 1 • /• 1 r Council may or-

and council to order such alteration or the rate oi deran alteration

,,..,.., , . , . of the rate of toll.

toll, as shall in their judgment bring the income to
the amount of six per cent, on the cost as aforesaid,
which the proprietors shall be allowed to appropriate
to their own use, and no more : provided, however,
that if at any time the balance of income shall ex-
ceed the aforesaid rate per cent, the said proprietors
are hereby authorized to hold in fund any amount
not exceeding one thousand dollars, giving to the
governor and council sufficient bonds for its being
held for the benefit of the bridge, to be appropriated,
when occasion may require, for extraordinary repairs,
to prevent the necessity of any sudden and material
variations of the rate of toll ; and any income which
may arise from said fund, shall be accounted for as
the income of the said bridge.

Sec 7. Be it further enacted, That whenever ?"'^?^*°''^r

./ ' come free, when-

the legislature, or any person, persons or corporation, fo7s'shanbe°reim-
in a manner acceptable to the Legislature, shall naUo'it''^ °"^'"
11

82 MIDDLESEX BRIDGE. March 8, 1834.

choose to make the said bridge free, by reimbursing
the proprietors the original cost of the same, the
proprietors shall surrender the bridge to become a
free bridge, being themselves discharged from all
further duties and liabilities in the care of said bridge
imposed upon them by this act ; and deducting from
the aforesaid cost whatever sum they may have in
fund, as provided for in the sixth section of this act ;
and whenever the legislattire, or any person, persons
or corporation, shall choose to give for the benefit
of the bridge any part of the cost thereof, the propri-
etors shall receive such donation to the reduction of
the same amount of their capital stock in the bridge :
and all the books and papers of the said corporation
shall be subject to the inspection of any person or
persons for that purpose appointed by the legislature.
Bridge to be §£€. 8. Bc it further enacted. That if the said

buili within three _ ^

years. proprietors shall neglect or refuse, for the space of

three years after the passing of this act, to build the
said bridge, then this act shall be void.

[Approved by the Governor, Rlarch 8, 1834.]

NICHAWAGG MANU. CO. March 11, 1834. B3

CHAP. LXIV.

An Act to incorporate the Nichawagg Manufactur-
ing Company.

-DE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That John Chandler, Persons incorpo-
Harding P. Woods, Aaron Brooks, and Daniel
Ward, their associates, successors and assigns, be,
and hereby are made a corporation by the name of
the Nichawagg Manufacturing Company, for the
purpose of manufacturing cotton and woolen goods
and machinery, in the town of Petersham, in the
county of Worcester, and they are hereby author-
ized to hold real and personal estate to the amount
of two hundred thousand dollars, with all the pow-
ers and privileges, and subject to all the duties and
requirements, contained in the fifty-third chapter of
the statutes of eighteen hundred and twenty-nine.

[Approved by the Governor, March 11, 1834.]

84 FRONT STREET, BOSTON. March 11, 1834.

CHAP. LXV.

An Act to authorize the Mayor and Aldermen of
Boston to extend Front Street, in said city.

vSec. 1. i>E it enacted by the Senate and House

of Representatives, in General Court assembled, and

Mayor and ai- jw ^/jg authoritv of thc samc, That the Mayor and

dtiiiieu author- »' ./ »/ ' j

"street" '^^ °"' Aldcrmcn of the city of Boston are hereby author-
ized to lay out a new street, in continuation of
Front Street, beginning at or near the southerly end
of said Front Street, and thence running in a south-
westerly direction over the tide waters to Northamp-
ton Street. And said street shall be laid out in such
direction and through and over such docks and
flats, as the public safety or the convenience of the
inhabitants of said city shall in the opinion of said
mayor and aldermen require.

Coirpensation to Sec. 2. Bc it fwther cnacted, That the owner

owntrs of es- - i -i t i r i

tales. or owners or any buildmg, wharr, or other erection

which may be removed, and of any land or flats
which may be taken for said street, shall be entitled
to receive compensation for the damages occasioned
thereby, which damages shall be determined and
recovered in the manner now provided in " an act
directing the method of laying out highways."

[Approved by the Governor, March 1 1, 1834.]

CHILDREN'S FRIEND SOC. March 11, 1834. 86

CHAP. LXVI.

An Act to incorporate the Boston Children's Friend

Society.

Sec. 1. IjE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That Ann Lee, Mar- Persons incorpo-
garet D. Baldwin, Phebe H. Linsley, Susan D.
Reynolds and Mary Webb, with their associates and
successors, are hereby incorporated by the name of
the Boston Children's Friend Society, for the pur-
pose of providing for the support and education of
indigent children of both sexes, not otherwise pro-
vided for, and who for want of paternal care are in
a suffering and dangerous condition.

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

'^ r^ sunal estate.

ration may receive and take by purchase, grant,
devise, bequest or donation, any real or personal
property, and hold the same for the purposes afore-
said, and may manage and dispose of the same
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. •

Sec. 3. Be it further enacted, That Richard Board of advi-
Fletcher, John Tappan, John B. Jones, Benjamin ^^"^^
Smith, Daniel Noyes, John C. Proctor, Samuel H.
Walley, jr., Moses Pond, George Denny, Benjamin
Perkins, Ebenezer Hayward, and Benjamin How-
ard, and their successors, are hereby constituted a

86 ROCKVILLE PRINTING CO. March 11, 1834.

board of advisers, to co-operate with and assist the
officers and managers of said Boston Children's
Friend Society in promoting the benevolent pur-
poses aforesaid.

[Approved by the Governor, March 11, 1834.]

CHAP. LXVII.

An Act to incorporate the " Rockville Manufactur-
ing and Printing Company."

Sec. 1. He it enacted by the Senate and House
of Representatives, in General Court assembled, and
Persons incorpo- % '^^ authority of thc samc, That William True,
'^'^^- John F. Street, and William M. True, their asso-

ciates and successors, are hereby made a corpora-
tion by the name of the " Rockville Manufacturing
and Printing Company," for the purpose of manu-
facturing woolens, and bleaching, dying, and print-
ing cotton and other fabrics, in the town of Saugus,
in the county of Essex, and for this purpose shall
have all the powers and privileges, and be subject
to all the duties and requirements contained in the
fifty-third chapter of the statutes of the year one
^ thousand eight hundred and twenty-nine,, entitled

" an act defining the general powers and duties of
manufacturing corporations."
Real and per- Sec.2. Bc it futthcr cnocted. That said corpo-

sonai estate. ratiou may hold such " real estate" in the town of
Saugus, not exceeding one hundred thousand dol-
lars in value, and such " per.sonal estate" not

TYNGSBORO' BAP. SOC. March 13, 1834. 87

exceeding one hundred and fift^y thousand dollars in
value, as may be necessary and convenient for car-
rying on the business aforesaid.

[Approved by the Governor, March 11, 1834.]

CHAP. LXVIII.

An Act to incorporate the First Baptist Society in
Tyngsborough.

Sec. 1. XjE i7 enacted by the Senate and Hovse
of Representatives, in General Court assembled, and
by the authority of the same, That William Blodgct, Per=;nns incorpo-
Jr., Mial Davis, and Charles Hollis, their associates
and successors, are hereby incorporated as a reli-
gious society, by the name of the First Baptist So-
ciety in Tyngsborough ; with all the powers and
privileges, and subject to all the duties and liabili-
ties by law incident to religious societies, legally
established in this Commonwealth.

Sec. 2. Be it further enacted, That said corpo- Estate.
ration may hold and manage any estate, not ex-
ceeding in value the sum of ten thousand dollars:
provided, the same be appropriated exclusively to
parochial purposes.

[Approved by the Governor, March 13, 1834.]

88 UNLAWFUL OATHS. March 13, 1834.

CHAP. LXIX.

An Act concerning Unlawful Oaths.

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

of Representatives, in General Court assembled, and

Penalty for talc- 6z/ thc authority of the same. That, if any person

ing or adminis- ,,,, _ % • • j"'^

tering unlawful shall hereafter administer or assume to administer
to another, any oath, affirmation, or obligation in
the nature of an oath, not required nor authorized
by law, or, if any person shall hereafter voluntarily
siffir any such oath, affirmation, or obligation in
the nature of an oath, to be administered to him or
her, or shall voluntarily take any such oath, affir-
mation, or obligation in the nature of an oath,
every person so offi^nding shall forfeit a sum not
less than five dollars nor more than two hundred
dollars, to be recovered by indictment to the use of

Persons taking thc Commonwcalth. And, in the examination of a

or administering' i • . \ r i • • .■ r>i

unlawful oaths, complaint beiorc a grand jury, or a justice of the

to be competent • ^ ■ rr r • ^ i •

witnesses, &c. pcacc, conccrning the oiicnces aforesaid, and in
the trial of an indictment therefor, against the per-
sons alleged to have administered such oath, affir-
mation, or obligation, the person to whom the same
was administered, shall be a competent witness,
and compellable to testify ; and in such examina-
tion and trial against the person alleged to have
suffered such oath, affirmation, or obligation to be
administered to him or her, the person who ad-
ministered the same shall be a competent witness,

Proviso. and compellable to testify : provided, always, that

such persons are not otherwise incompetent to

UNLAWFUL OATHS. March 13, 1834. 89

testify : provided, also, that persons so testifying
shall never afterwards be prosecuted for a previous
violation of this act : provided, furthermore, that
nothing herein contained shall be construed to ex-
tend to any oath, affirmation or affidavit, adminis-
tered or taken for the establishment of the claim,
petition or application of individuals or corpora-
tions, if the same shall be administered without
intentional secrecy, by a person duly authorized by
law to administer oaths ; or to any oath, affidavit,
deposition, or other obligation, for the verification
of commercial papers, or other papers relating to
property ; or to any oath, affidavit, deposition, or
other obligation required by any public agent, offi-
cer or tribunal of any other state, or of the United
States, or of any other country ; or to abridge the
powers of any magistrate in the discharge of his
official duty.

Sec. 2. Be it further enacted. That, in all prose- Form of iudict-
cutions for the violation of this act, it shall not be '"^"'
necessary, in the indictment, to set forth the form
or tenor of the oath, affirmation, or declaration
aforesaid, supposed to have been administered or
taken : but the indictment shall be sufficient in
law if it shall alledge that an oath, affirmation or
declaration, has been administered or taken by the
person indicted, contrary to the form of this stat-
ute, setting forth the substance thereof, and the
lime, place and occasion, when and where the
same was administered or taken.

[Approved by the Governor, March 13, 1834.]

90 ORLEANS BAP. SOCIETY. March 13, 1834.

CHAP. LXX.

An Act to incorporate the First Baptist Society in
Orleans.

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

fa*ted!"' '"'^°''P°" by the authority of the same, That Josiah Rogers,
Asa Hopkins and Ehsha Hopkins, their associates
and successors, are hereby incorporated as a reli-
gious society by the nnnie of the First Baptist So-
ciety in Orleans ; with all the powers and privi-
leges, and subject to all the duties and liabilities
by law incident to religious societies legally estab-
lished in this Commonwealth.

Reaundperson- g^,^ 2. Bc it further cnactcd. That said society
may hold and manage real estate to the amount of
five thousand dollars, and personal estate to the
amount of two thousand dollars: provided, that
the income arising from the same shall be exclu-
sively appropriated to parochial purposes.

[Approved by the Governor, March 13, 1834.]

EASTHAM MINIST. LAND. March 13, 1834. 91

CHAP. LXXI.

An Act to authorize the Sale of Ministerial Land
by the First Parish in Eastham.

Sec. 1. JiJe «7 enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That the First Par- Authorized to

. "^ ^ ^ . sell tract of land.

ish in Eastham is hereby authorized to sell a tract
of land owned by said parish, and lying in the
south-easterly part of said town, and the treasurer
thereof, for the time being, is authorized to execute
a deed or deeds to convey the same to the purcha-
ser.

Sec. 2. Be it further enacted, That the pro- proceeds of sale,

■If 11 I r ■ 1 t 1 r liow invested.

ceeds or such sale or sales ot said land, as aiore-
said, shall be invested in such manner as said par-
ish shall direct : provided, however, that the income
only of said fund, and no part of the principal,
shall hereafter be applied for the support of the
ministry in said parish.

[Approved by the Governor, March 13, 1834.]

92 ORLEANS UNIVER. SOC. March 13, 1834.

CHAP. LXXII.

An Act to incorporate the First Universalist Society
in Orleans.

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

faleT^ '"*'°'^°' ^y ^^^ authority of the same, That Sparrow Horton,
Isaac Doane, and John Doane, their associates and
successors, are hereby incorporated as a religious
society, by the name of the First Universalist So-
ciety in Orleans, with all the powers and privileges,
and subject to all the duties and liabilities by law
incident to religious societies legally established in
this Commonwealth.

ReaUndperson- Sec. 2. Be it further enacted, That said society
may hold and manage real estate of the value of
five thousand dollars, and personal estate amount-
ing to two thousand dollars ; provided, that the
income arising from the same shall be appropri-
ated exclusively to parochial purposes.

[Approved by the Governor, March 13, 1834.]

UXBRIDGE EVAN. CON. SOC. March 13, 1834. 93

CHAP. LXXIII.

An Act to incorporate the First Evangelical Con-
gregational Society in Uxbridge.

Sec. 1 . Be i7 enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That Frederick Taft, Persons incorpo-
George Willard, and William C. Capron, their
associates and successors, are hereby incorporated
as a religious society, by the name of the First
Evangelical Congregational Society in Uxbridge,
vi^ith all the powers and privileges, and subject to
all the duties and liabilities by law incident to reli-
gious societies legally established in this Common-
wealth.

Sec. 2. Be it further enacted. That said corpo- Estate.
ration may hold and manage any estate, the annual
income of which shall not exceed two thousand
dollars ; provided, the same shall be appropriated
exclusively to parochial purposes.

[Approved by the Governor, March 13, 1834.]

94 TOWN OF DENNIS. March 13, 1834.

CHAP. LXXIV.

An Act to authorize Job Chase, and others, to con-
struct and maintain a Pier or Island Wharf, near
the south shore of the town of Dennis.

JjE it enacted by the Senate and House

of Representatives, in General Court assembled, and

Authorized to ^y (he authoritii of the same, That Job Chase, EUjah

construct and "^ J ^ .

maintain a wharf. Chase, Isaiah Bakcr, and Richard Baker, and their
associates, are hereby empowered to construct and
maintain a pier, or island wharf, at such place as
may be convenient, below low water mark, near the
south shore of the town of Dennis, in the county of
Barnstable, and near the east line of said town, and
shall have the right to fasten and lay vessels at the
sides and ends of said pier or wharf, and receive
wharfage therefor, and shall have all the privileges
necessary for the convenient and useful improve-
ment and occupation thereof: provided, however,
that said pier or wharf shall not be of greater extent
than two hundred feet in length and one hundred
feet in breadth : provided, also, that this grant shall
in nowise interfere with the legal rights of any other
person or persons whomsoever.

[Approved by the Governor, March 13, 1834.]

HUBBARDSTON MAN. CO. March 13, 1834. 96

CHAP. LXXV.

An Act to incorporate the Hubbardston Copperas
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 John Green, Ben-
jamin F. Heywood, James Green, and D. Bennett, Persons incorpo-
and J. Bennett, their associates, successors and as-
signs, are hereby made a corporation by the name
of the Hubbardston Copperas Manufacturing Com-
pany, for the purpose of manufacturing copperas at
Hubbardston, in the county of Worcester, with all
the powers and privileges, and subject to all the
duties and requirements provided in an act, defining
the general powers and duties of manufacturing
corporations, passed on the twenty-third day of
February, in the year of our Lord one thousand
eight hundred and thirty, and they are hereby au-
thorized to hold real estate to the amount of thirty
thousand dollars, and personal estate to the same Real and person-

al estate.

amount.

[Approved by the Governor, March 13, 1834.]

96 TOWN OF WESTERN. March 13, 1834.

CHAP. LXXVI.

An Act to change the name of the town of Western.

xJE it enacted by the Senate and House
of Representatives, in General Court assembled, and
Change of name. f)y the authority of tlic sume, That, from and after
the passing of this act, the name of the town of
Western, in the county of Worcester, shall cease,
and that aid town shall be called and known by the
name of Warren, any law to the contrary notwith-
standing.

[Approved by the Governor, March 13, 1834.]

CHAP. LXXVII.

An Act to authorize the construction of a Bridge
over Mill River.

-TSE it enacted by the Senate and House
of Representatives, in General Court assembled, and
SoSmrrron- % ^'*^ authority of the same. That the County Com-
struct bridge, missiouers for the county of Essex, be, and they
are hereby authorized and empowered to locate a
road and construct a bridge over a certain stream
of tide-water called Mill River, which stream is
situate in said county and constitutes the dividing
line in part between the towns of Newbury and

BARNSTABLE INS. CO. March 13, 1834. 97

Rowley, in said county ; in such form, and under
such restrictions as may be consistent with the
necessary and accustomed use of said stream ;
said bridge to be constructed at, or over, a part of
said stream, convenient for a road to run, from the
county road in said Rowley, at or near Pollypod
bridge, so called, to the Newburyport turnpike,
and to a point thereon, near to the road leading to
Dummer academy, in said Newbury.

[Approved by the Governor, March 13, 1834.]

CHAP. LXXVIII.

An Act in addition to " An Act to incorporate the
Barnstable County Mutual Fire Insurance Com-
pany."

Sec. 1 . Jt>E t7 enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That, whenever the when subscrip-

. . r t -rt *^'°" amounts to

sum subscribed by the associates of the Barnstable fifty thousand
County Mutual Fire Insurance Company shall
amount to fifty thousand dollars, the said company
shall be, and hereby are authorized to insure, for
any term of time, not less than one year, nor more
than seven years, any buildings, goods, or move-
ables whatsoever, within the Commonwealth of
Massachusetts, to any amount not exceeding three-
quarters of the value of the property insured.

[Approved by the Governor, March 13, 1834.]
13

98 CAMB. BOARD OF HEALTH. March 15, 1834.

CHAP. LXXIX.

An Act in addition to an Act authorizing the town
of Cambridge to establish a Board of Health.

-lJE it enacted by the Senate and House
of Representatives, in General Court assembled, and
houses' fcc'Tj'"' % ^^^ authority of the same, That the Board of
make drains. Health of the town of Cambridge shall have power
to cause every owner of lands, houses, or buildings,
within said town, or his agent, to make a sufficient
drain from such land, house, or building, to convey
all waste water, and other liquid matter, whenever
they shall adjudge the same to be a source of filth,
nuisance, or cause of sickness to persons residing
near such land, house, or building, or to the public,
from such land, house or building, in such manner,
of such materials and to such places, as said Board
of Health may direct, and shall thereupon give
such owner or agent notice in writing, specifying
the mode and time in which such drain shall be
completed : and in case the said owner or agent
Penalty for shall ucglcct to completc the same within the time
mIkrSns" so specified, the said board of health shall cause
the same to be done, and shall be entitled to re-
cover, of such owner or agent, the whole amount
of the expense thereof, together with ten per cent,
damages, by an action of the case by them to be
brought before any court within the county of
Middlesex having competent jurisdiction : pro-
vided, however, that in no case the said ten per

RAIL ROAD BANK. March 15, 1834. 99

cent, to be recovered by way of damage, shall
exceed the sum of twenty dollars.

[Approved by the Governor, March 15, 1834.]

CHAP. LXXX.

An Act to increase the Capital Stock of the Rail
Road 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 the President, President and

/^. "^ directors author-

Directors and Company of the Rail Road Bank i^ed to increase

the capital stock,

are hereby authorized to increase their present
capital stock by an addition of one hundred thou-
sand dollars thereto, in shares of one hundred dol-
lars each, which shall be paid in such instalments
as the president and directors of said bank may
direct and determine : provided, that the whole
amount shall be paid in on or before the first day
of October next.

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 Sts\o"i-
corporation shall proceed to do business upon said JS sfocVt ^''"
additional capital, a certificate, signed by the presi- ''^^"pa'd in-
dent and directors, and attested by the cashier,
that the same has been actually paid in to said bank,

100 TOWN BY-LAWS. March 18, 1834.

shall be returned into the office of the secretary of
this Commonwealth.

[Approved by the Governor, March 15, 1834.]

CHAP. LXXXI.

An Act concerning penalties for the breach of town
By-Laws.

JjE it enacted by the Senate and House
of Representatives, in General Court assembled, and
SrictoTme" ^y ^^^ authority of the same, That the seventh sec-
tion of the act entitled " an act for regulating
towns, setting forth their power, and for the choice
of town officers, and for repealing all laws hereto-
fore made for that purpose," passed on the twenty-
third day of March, in the year of our Lord one
thousand seven hundred and eighty-six, be so far
amended, that the penalties to be provided by towns
for the breach of any of their rules, orders, and by-
laws, which by said act they are authorized to
make, may be greater in amount than the sum
therein specified : provided, they shall not, in any
case, exceed the sum of fifty dollars, to be appro-
priated as is provided in said act.

amended.

[Approved by the Governor, March 18, 1834.]

METH. SOC. IN HOLLISTON. March 18, 1834. loi

CHAP. LXXXII.

An Act to incorporate the Methodist Episcopal
Society in Holliston.

Sec. 1, ijE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That John P. Jones, Persons incorpo.
Joseph Wood, and Asa Tayntor, their associates
and successors, are hereby incorporated as a reli-
gious society, by the name of the Methodist Epis-
copal Society in Holliston, with all the powers and
privileges, and subject to all the duties and liabili-
ties by law incident to religious societies legally
established in this Commonwealth.

Sec. 2. Be it further enacted, That said corpo- Estate.
ration shall have power to hold and manage any
estate, of the value of ten thousand dollars : pro-
vided, the same be appropriated exclusively to
parochial purposes.

[Approved by the Governor, March 18, 1834]

102 TOWN OF NANTUCKET. March 18, 1834.

ferret! to the se-
lectmen.

CHAP. LXXXIII.

An Act transferring to the Selectmen of the town
of Nantucket the powers and duties of County
Commissioners for the County of Nantucket.

-lSE it enacted by the Senate and House
of Representatives, in General Court assembled, and
formed b^^thr"^' ^ ^^^ authority of the same, That all the powers, au-
sione7s tr^s"^''' thority and duties, which, before the passing of this
act, were held and performed by the county commis-
sioners in and for the county of Nantucket, are here-
by transferred to the selectmen of the town of Nan-
tucket, as duly elected and qualified from year to
year ; and all provisions of law inconsistent here-
with, are hereby repealed.

[Approved by the Governor, March 18, 1834.]

CHAP. LXXXIV.

An Act to incorporate the First Baptist Society in
Watertown.

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

of Representatives, in General Court assembled, and

ra^edT '"*^°'^''°' by the authority of the same, That Joshua Cooledge,

George Lawton and James Bishop, their associates

and successors, are hereby incorporated as a relig-

POOR CONVICTS. March 18, 1834. 103

ious society, by the name of the First Baptist So-
ciety in Watertown, with all the powers and priv-
ileges, and subject to all the duties and liabihties
by law incident to religious societies legally estab-
lished in this Commonwealth.

Sec. 2. Be it further enacted, That said corpo- Estate.
ration shall have power to hold and manage any
estate of the value of ten thousand dollars, provided
the same be appropriated exclusively to parochial
purposes.

[Approved by the Governor, March 18, 1834.]

CHAP. LXXXV.

An Act in addition to " An Act for the relief of
Poor Convicts."

JdE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That the justices of the Fees of justices

r t • - of the peace.

peace, who may periorm the services contemplated
in the act to which this is an addition, shall receive
the sum of one dollar, and the same travelling fees,
as for taking depositions, for each and every con-
vict discharged in virtue of said act, said service to
be certified, allowed and paid in like manner as is
provided by law for costs accruing in other criminal
matters, depending before justices of the peace.

[Approved by the Governor, March 18, 1834]

104 ACTIONS AND APPEALS. March 18, 1834.

CHAP. LXXXVI.

An Act concerning the entry of Actions and Appeals.

-t>E it enacted by the Senate and House

of Representatives, in General Court assembled, and

Actions and ap- f)y ^^g authoritv of the same, That whenever either

peals, how to be *' ^ a/ '

proceeded in, in of thc uartics to an action, which by law survives

case of the death *^ ^ J

of either party, ^q qf against his cxecutors or administrators, shall
die before the day on which the writ in such action
is returnable ; and whenever either of the parties to
such action shall die after an appeal therein taken
from a subordinate to a higher court, and before
the first day of the term of the court to which such
appeal was taken ; such action and appeal may be
entered and proceeded in, in the same manner as if
the deceased party had died after the entry of such
action or appeal. . -

[Approved by the Governor, March 18, 1834.]

CHAP. LXXXVII.

An Act to incorporate the Orthodox Congrega-
tional Society in Petersham.

Sec. 1. tjK it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That David H. Grosve-

BRIGHTON BANK. March 19, 1834. 106

Bor, Alanson Lincoln, and Artemas Wilder, their ^^^^^°^ '"^^^^^p"-

associates and successors, are hereby incorporated

as a religious society, by the name of the Orthodox

Congregational Society in Petersham ; with all the

powers and privileges, and subject to all the duties

and liabilities by law incident to religious societies

legally established in this Commonwealth.

Sec. 2. Be it further enacted, That said corpo- Estate.
ration shall have power to hold and manage any
estate to the amount of ten thousand dollars, pro-
vided, the same be appropriated exclusively to
parochial purposes.

[Approved by the Governor, March 18, 1834.]

CHAP. LXXXVIII.

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

-DE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That, in addition to Further time

•^ , .7 ^ allowed to settle

the time allowed by the statute of the year one concerns.
thousand eight hundred and thirty-three, chapter
one hundred and seventy-four, the president, di-
rectors and company of the Brighton Bank be
allowed the further term of one year to settle and
close their concerns in the manner prescribed by
the statute of one thousand eight hundred and
nineteen, chapter forty-three.

[Approved by the Governor, March 19, 1834.]
14

106 CONG. CH. IN CANTON. March 19, 1834.

CHAP. LXXXIX.

An Act to authorize the First Congregational
Church in Canton to sell certain Lands.

-t>E it enacted by the Senate and House

of Representatives, in General Court assembled, and

Empowered to bu the authorttv of the same, That ihe First Con-

sell a certain *' J J

tract of land. gregational Church in Canton is hereby empow-
ered to sell a certain tract of land owned by said
church, situated in Canton aforesaid, and contain-
ing about eight acres ; and Leonard Everett is
hereby authorized to execute a deed to convey the
same to the purchaser, receive the proceeds of
such sale and pay over the same to the church.

[Approved by the Governor, March 19, 1834.]

CHAP. XC.

An Act to incorporate the Proprietors of the Sec-
ond Congregational Meeting-House in Leicester.

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 Waldo Flint,
Isaac Southgate, and John A. Smith, their asso-
ciates and successors, are hereby incorporated as
a religious society, by the name of the Proprietors
of the Second Congregational Meeting-house in

METH. SOC, DORCHESTER. March 19, 1834. 107

Leicester ; with all the powers and privileges, and
subject to all the duties and liabilities by law inci-
dent to religious societies, legally established in
this Commonwealth.

Sec. 2. Be it further enacted, That said corpo- Estate.
ration shall have power to hold and manage any
estate ; provided, the annual income thereof, ex-
clusive of their meeting-house, do not exceed one
thousand dollars ; a?id provided also, the same be
appropriated only to parochial purposes.

[Approved by the Governor, March 19, 1834.]

CHAP. XCI.

An Act to incorporate the Methodist Episcopal
Society in Dorchester.

Sec. 1. JlSE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That Miron Wight, Persons incorpo-
Thomas Macintosh, and John Warren, their asso-
ciates and successors, are hereby incorporated as a
religious society, by the name of the Methodist
Episcopal Society in Dorchester, with all the pow-
ers and privileges, and subject to all the duties and
liabilities by law incident to religious societies,
legally established in this Commonwealth.

Sec. 2. Be ii further enacted. That said corpo- Estate.
ration shall have power to hold and manage any
estate to the value of ten thousand dollars ; pro-

108 WINNISIMMET BANK. March 19, 1834.

vided, the same be appropriated exclusively to
parochial purposes.

[Approved by the Governor, March 19, 1834.]

CHAP. XCII.

An Act in addition to " An Act to establish the
Winnisimmet Bank."

UE it enacted by the Senate and House
of Representatives, in General Court assembled, and
Part of former by ilic authority of the same, That so much of " an
act to establish the Winnisimmet Bank," passed
on the twenty-seventh day of March, in the year
of our Lord one thousand eight hundred and thir-
ty-three, as regards the time within which the
stockholders are required to pay in the capital
stock thereof, is hereby repealed ; and the stock-
holders of said bank are hereby required to pay in
the said capital stock within six months from the
passing of this act.

act repealed.

[Approved by the Governor, March 19, 1834.]

WILBERFORCE MAN. CO. March 19, 1834. 109

CHAP. XCIII.

An Act to incorporate the Wilberforce Manufac-
turing and Manual Labor School Company.

Sec. 1. JjE i7 enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That Joshua Easton, Persons incorpo-
Thomas Dalton, Dudley Tid, William Junior, John
B. Cutler, Solomon R. Alexander, William Losson,
Joel W. Lewis, Hiram Sewall, and Robert Wood,
and their associates, are hereby incorporated by
the name of the Wilberforce Manufacturing and
Manual Labor School Company, for the purpose
of manufacturing iron and other metals, and lea-
ther, and vending the articles manufactured there-
from, and also for the purpose of establishing in
connection with said manufactory a manual labor
and self-supporting school, said manufactory and
school to be located in the town of North Bridge-
water, in the county of Plymouth.

Sec. 2. Be it further enacted. That the said Powers, &c.
corporation shall have all the powers, and be sub-
ject to all the duties and liabilities, granted and
prescribed by an act of this Commonwealth, passed
on the twenty-third day of February, in the year of
our Lord one thousand eight hundred and thirty,
entitled " an act defining the general powers and
duties of manufacturing corporations," and in ad-
dition to the powers therein granted, may establish,
in connection with said manufactory, a school

110 N. BEDFORD FOUNDRY. March 19, 1834.

upon the manual labor and self-supporting system,
and may make and ordain any by-laws necessary
for the organization, support and conduct of said
school, not inconsistent with the constitution and
laws of this Commonwealth : provided, that no ap-
propriation of the funds of said company shall be
made for the support of said school, unless by the
unanimous consent of all the members thereof,
present at a meeting duly convened for that pur-
pose.
Real and person- Sec. 3. Be it further enocted, That the said
company may hold such real estate not exceeding
in value twenty thousand dollars, and such person-
al estate not exceeding in value thirty thousand
dollars, as may be necessary and convenient for
the purposes of this act.

[Approved by the Governor, March 19, 1834.]

al estate.

CHAP. XCIV.

An Act to incorporate the Proprietors of the New
Bedford Brass and Iron Foundry.

JdE it enacted by the Senate and House
of Representatives, in General Court assembled, and
Feisms incoTpo. by the authority of the same. That Charles Wood,
Barton Ricketson, Henry B. Gilford, Elihu Wood,
and their associates, successors and assigns, are
hereby made a corporation, by the name of the
"New Bedford Brass and Iron Foundry," for the
purpose of manufacturing articles of iron and

rated.

N. BED. GRACE CHURCH. March 19, 1834. Ill

brass in the town of New Bedford, and county of
Bristol ; and for this purpose shall have all the pow-
ers 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 powers and duties of
manufacturing corporations," with power to hold
such real estate not exceeding ten thousand dol- Real and person-
lars in value, and such personal estate not exceed-
ing thirty thousand dollars in value, as may be
necessary and convenient for the purpose afore-
said.

[Approved by the Governor, March 19, 1834.]

al estate.

CHAP. XCV.

An Act to incorporate the Wardens, Vestry, and
Proprietors of Grace Church in New Bedford.

Sec. 1. JdE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That Pardon T. Mum- Persons incorpo.
ford, Joseph R. Shiverick, and Thomas Nye, Jr.
their associates and successors, are hereby incor-
porated as a religious society, by the name of the
Wardens, Vestry and Proprietors of Grace Church
in New Bedford, with all the powers and privi-
leges, and subject to all the duties and liabilities
by law incident to religious societies legally estab-
lished in this Commonwealth.

112 TOWN OF PLYMOUTH. March 19, 1834.

Estate. Sec. 2. Be it further enacted, That said cor-

poration shall have power to hold and manage any
estate to the amount of forty thousand dollars ;
provided, the same be appropriated exclusively to
parochial purposes.

[Approved by the Governor, March 19, 1834.]

assistant asseS'
sors.

CHAP. XCVI.

An Act regulating the Assessment of Taxes in the
town of Plymouth.

13 E it enacted by the Senate and House
of Representatives, in General Court assembled, and
Town may elect % the authority of the same. That the inhabitants
of the town of Plymouth may, at their meeting for
the choice of town officers, or at any other meet-
ing called for that purpose, annually elect three
persons to assist the assessors in taking a list of
the polls, in estimating the value of their personal
property, and appraising the value of all real es-
tates in said town ; and, in case of the death or
resignation of any person so chosen to assist the
assessors, the selectmen of said town are hereby
required to call a new meeting of the inhabitants,
to choose a suitable person to fill such vacancy.

[Approved by the Governor, March 19, 1834.]

TAUNTON POLICE COURT. March 2\, \S3A. 113

CHAP. XCVII.

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

Sec. 1. 13 E ?*^ enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That there is hereby ^^^^^j^^y
established, within and for the town of Taunton,
in the county of Bristol, a police court, to consist
of one learned, able, and discreet person, to be
appointed and commissioned by the governor, pur-
suant to the constitution, to take cognizance of all
crimes, offences, and misdemeanors committed
within the town of Taunton, whereof justices of the
peace may take cognizance by law, the said justice
to hold his office for the same time, and by like
tenure, as justices of the peace. The court hereby
established shall hear and determine all suits,
complaints and prosecutions cognizable by it, in like
manner as is provided by law, for the exercise of
the powers and authority which now are, or may
hereafter be vested in justices of the peace, and do
all acts necessary to, and consistent with such pow-
ers 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 exclusive jurisdiction of
all such suits and actions where the plaintiff and
defendant reside in said town of Taunton, and ser-
vice of the writ is had on the defendant in said
15

114 TAUNTON POLICE COURT. March 21, 1834.

county ; and an appeal shall be allowed from all
orders, decrees and judgments of said court, in like
manner, and to the same extent, that appeals are now
allowed by law from orders, decrees and judgments
of justices of the peace, and the justice of said
court shall not be of council or attorney to any party
in any matter or thing whatsoever, which may be
pending in said court.
Sfiss^uecTby Sec. 2. Bc it fuTtker enacted, That all writs
turnawrih/reto. ^ttd Warrants issued by said court, or by any justice
of the peace within said town, in all cases whereof
said court has, by this act, exclusive jurisdiction,
shall be made returnable, and be returned before
said court, and if any warrant shall be issued by
any justice of the peace returnable before said
court, the lawful fees payable therefor, shall not be
paid or allowed to said justice, unless it shall appear,
on the examination or hearing before said court,
that there was reasonable cause for his issuing said
warrant, in which case such fees, costs and charges
shall be allowed and taxed in like manner as if the
said warrant had been issued by a justice of the
peace, according to the laws now in force.
ized'^to^"commit Sec. 3. Be it fuvther enacted, That said justice
wJrkhous°e. ^ bc, and hc is hereby authorized, when he shall deem
it advisable, to commit all persons being inhabit-
ants of said town, and convicted by said court of
offences described in the second section of the
statute of one thousand seven hundred and eighty-
seven, chapter fifty-four, to the workhouse in said
town, instead of the house of correction, as is now
required, and for the same time that they may be
committed to the house of correction, to be kept
and governed in said workhouse according to the
rules and regulations which are, or may be legally

TAUNTON POLICE COURT. March2l, 1834. 116

established for the government of said house, and
at the expense of said town.

Sec. 4. Be it further enacted, That it shall be May discharge
lawful for the justice of said court, at his discretion, imlrfZumenu"^
to discharge any person from imprisonment who
shall have been confined under sentence of any
court, for three months or more, for no other cause
than non-payment of fine and costs, when it shall
be made to appear to him that such person is una-
ble to pay said fine and costs.

Sec. 5. Be it further enacted, That the justice Justice's fees,
of said 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 retain-
ed in the like case, by a justice of the peace, in full
compensation for all services assigned to him by the
provisions of this act.

Sec. 6. Be it further enacted. That all fines and Fines.
forfeitures, and all costs in criminal prosecutions,
which shall be received by, or paid into the hands
of the justice of said court, shall be by him accounted
for, and paid over to the same persons, in the same
manner, and under the same penalties for neglect,
as are by law prescribed in the case of justices of
the peace, and all costs in such prosecutions not
thus received, shall be made up, taxed, certified and
allowed, and shall be paid and satisfied in like man-
ner as provided by law in cases of justices of the
peace.

Sec. 7. Be it further enacted. That a court shall coun, how often

u u 1 J I • 1 • • 11 to be held.

be held by said justice, on two several days 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
on one day in each fortnight, and as much oftener

116 • TAUNTON POLICE COURT. March 21, 1834.

as may be necessary, for the trial of civil suits and
actions. And the justice of said court shall, from
time to time, establish all necessary rules for the or-
derly and uniform conducting the business thereof.
rttd of aii^o- Sec. 8. Be it further enacted, That the justice
ceedings. ^^ ^.^j^ court shall kccp a fair record of all proceed-

ings in said court, specifying all justices' fees, all of-
ficers and witnesses' fees, and all fines by him im-
posed and the money received thereon, and shall
make return to the several courts of all legal pro-
cesses, and of his doings therein, in the same man-
ner as justices of the peace are now, or may here-
after be by law required to do ; and he shall also
exhibit said record annually, in the month of March,
to the selectmen of the town of Taunton, and the
clerk of the supreme judicial court for the county of
Bristol.
^us°&c°n^^'' Sec. 9. Be it further enacted, That all suits,
pending. actions, and prosecutions, which shall be instituted

and pending before any justice of the peace within
said town, when this act shall take effect, shall be
heard and determined as if this act had not been
passed.
pbrmJspedai ^Ec. 10. Bc it furthcr enacted, That there shall
justices. jjg appointed by the governor, pursuant to the con-

stitution, 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 by said court, or be akin
to either party therein, or shall from any cause be
unable to attend said court, or hear and determine
any matter or thing pending therein, the cause shall
be assigned on the record, and the court may and
shall be holden, and its jurisdiction exercised, by
one or both of said special justices ; and the said

TAUNTON POLICE COURT. March 21, 1834. 117

special justices shall be paid for their services herein
required of them, out of the monies received in
said court, such sum as the justice of said court
would be entitled to receive for the same services.

Sec. 11. Be it further enacted, That whenever Adjoining towns

... . „ may be annexed,

the mhabitants of any of the towns m the county oi for the purpose of

T»'iT'' /•m 111 forming one judi-

rJristol, adjoming the town of iaunton, shall, at a dai district.
legal town meeting, holden for that purpose, ex-
press their desire to be annexed to the town of
Taunton, for the purposes of this act, and shall
signify said desire to the governor, then, and in
such case, said towns, or either of them so express-
ing their desire, shall, together with the town of
Taunton, constitute one judicial district, to be
called the district of Taunton, and the said court
shall have the same jurisdiction in all respects,
within such judicial district, that are conferred upon
it by the provisions of the first section of this act,
within the town of Taunton.

Sec. 12. Be it further enacted, That this act ^ff^ct''^"'''*^''®
shall go into operation from and after the first day
of July next, unless the said town of Taunton shall,
at a legal meeting called for that purpose, refuse to
accept the same, and shall signify said refusal to
the governor, on or before the fifteenth day of
April next ; and the governor shall have power,
by and with the advice and consent of the council,
to appoint said justice and special justices, at any
time after the said fifteenth day of April next.

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

. . with this act, re-

and parts of acts, so far as they are mconsistent peaied.
with the provisions of this act, are hereby repealed.

[Approved by the Governor, March 21, 1834.]

118 MASS. HORTICULTURAL SO. Marcfi2\, 1834.

CHAP, xcvin.

An Act in further addition to " An Act to Incorpo-
rate the Massachusetts Horticultural Society."

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

of Representatives, in General Court assembled, and

Sg^o?de""' by the authority of the same, That any person who

Slmonument, shall wilfully dcstroy, mutilate, deface, injure orre-

^^- move any tomb, monument, grave-stone, or other

structure placed in memory of the dead ; or any

fence, railing, or other work for the protection or

ornament of any tomb, monument, grave-stone, or

other structure aforesaid, or of any cemetery lot,

within the limits of the garden and cemetery of

Mount Auburn, in the county of Middlesex; or shall

wilfully destroy, remove, cut, break, or injure any

tree, shrub, or plant, within the limits of the said

Penalty for dis- garden and cemetery, or shall shoot or discharge

charging einy ° . . , ,. . i n i

fire-arm. auy firc-arm within the said limits, he shall be

deemed guilty of a misdemeanor, and shall, upon
conviction thereof before any justice of the peace, or
other court of competent jurisdiction, be punished by
a fine not less than five dollars, nor more than fifty
dollars, according to the nature and aggravation of
the offence : and such offender shall also be liable
in an action of trespass, to be brought against him
in the name of the Massachusetts Horticultural So-
ciety, to pay all such damages as shall have been
occasioned by his unlawful act or acts, which money,
when recovered, shall be applied by the said society,
under the directioi^of the garden and cemetery com-

MASS. HORTICULTURAL SO. March2\, 1834. 119

mittee, to the reparation and restoration of the pro-
perty destroyed or injured as above ; and members
of the said society shall be competent witnesses in
such suits.

Sec. 2. Be it further enacted. That any person Members
owning a cemetery lot containing not less than three
hundred square feet, shall be a member of the Mas-
sachusetts Horticultural Society so long as he con-
tinues to own the same. And upon the death of
any such proprietor, the devisee of such lot, or the
heir at law, as the case may be, shall be entitled to
all the privileges of membership as aforesaid ; and
if there be more than one devisee or heir at law of
such lot, the garden and cemetery committee of the
said society, for the time being, shall designate
which of the said devisees or heirs at law, shall re-
present the said lot, and vote in the meetings of the
society, which designation shall continue in force,
until by death, removal, or other sufficient cause,
another shall become necessary ; and in making
such designation, the said committee shall, as far as
they conveniently may, give the preference to males
over females, and to proximity of blood, and sen-
iority of age, having due regard, however, to vicin-
ity of residence.

Sec. 3. Be it further enacted, That it shall be income of any
lawful for the said society to take and hold any howT'be*'ap
grant, donation, or bequest of property upon trust, p''^''"
to apply the income thereof, under the direction of
the garden and cemetery committee, for the im-
provement or embellishment of the said cemetery,
or of the garden adjacent thereto, or of any build-
ings, structures, or fences, erected, or to be erected
upon the lands of the society, or of any individual
proprietor of a lot in the cemetery, or for the re-

120 ASSESSORS. Marc/i 21, 1834.

pair, preservation, or renewal of any tomb, monu-
ment, grave-stone, fence or railing, or other erec-
tion in or around any cemetery lot, or for the plant-
ing and cultivation of trees, shrubs, or plants, in or
around any cemetery lot, according to the terms of
the grant or bequest. And the supreme judicial
court, and any other court having equity jurisdic-
tion, shall have power to compel the due perform-
ance of the said trusts, upon a bill filed by a pro-
prietor of any lot in the said cemetry.

[Approved by the Governor, March 21, 1834.]

CHAP. XCIX.

An Act to regulate the Compensation of Assessors.

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

teltZT'^^ ^"^ ^^' ^y ^^^ authority of the same. That hereafter, the as-
sessors of the several towns or districts, in this
Commonwealth, shall be entitled to receive out of
the treasury of such town or district, each, the
sum of one dollar for every whole day that he shall
be necessarily employed in that service, together
with such additional compensation as the towns
may, at any meeting legally warned, think it proper
to allow.

peS ^'^^^ '^ Sec. 2. Be it further enacted, That all acts and
parts of acts, inconsistent with the provisions of
this act, are hereby repealed.

[Approved by the Governor, March 21, 1834.]

CHANGE OF NAMES. March 22, 1834. 121

CHAP. C.

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

Be it enacted bij the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That Luther Faulkner Names changed.
2d, of Boston may take the name of Luther Win-
throp Faulkner ; that Ephraim Skerry of Boston
may take the name of George Beals Hanover ; that
Francis Skerry of Boston may take the name of
Samuel Blacklen Hanover; that Richard James Gal-
ley Prentiss of Boston may take the name of Henry
James Prentiss ; that Ann Rand More of Boston
may take the name of Ann Louisa Callender ; that
Charles Bridge of Boston, a minor, may take the
name of William Smith Rowson ; that Alven Cle-
ment Gowell of Boston may take the name of
Alven Clement Goell ; that William Cunningham
of Boston may take the name of Theodore William
Cunningham ; that Isaiah Atkins of Boston may
take the name of Isaiah Malcolm Atkins ; that
John Joy of Boston may take the name of John
Benjamin Joy ; that Richard Roberts Skimmer of
Boston may take the name of William Henry Otis ;
that John Temple Winthrop of Boston may take
the name of John Temple James Bowdoin ; that
Thomas Vose of Boston may take the name of
Thomas Baker Vose ; that William Keith of Bos-
ton may take the name of William Henry Keith ;
that Simon Gillpatrick of Boston may take the
16

122 CHANGE OF NAMES. March 22, 1834.

Names changed, name of SimoD Gill ; that Lucy Peterson of Bos-
ton may take the name of Lucy Adeliza Hewet
Peterson ; that Lucy Mcintosh of Boston may
take the name of Lucy Fiske Mcintosh ; that
Daniel Fornis, a minor son of Sally Fornis of
Boston may take the name of Daniel Thorndike
Smith ; that Simon P. Wiggin of Boston may take
the name of James S. Wiggin ; that Nathaniel
Williams of Boston may take the name of Freder-
ick G. Williams ; that Marion Smith of Boston
may take the name of Marion Smith Livermore ;
that Henry Smith, a minor son of the said Marion
Smith, may take the name of Henry Smith Liver-
more ; that John Clark of Boston may take the
name of John Canque, that his two minor sons, viz.
John and Francis, may severally take the surname
of Canque ; that Jonathan Champnej of Boston
may take the name of John Champney ; and that
Hezekiah Hartley Wright of Boston may take the
name of Hartley Hezekiah Wright; all of the
county of Suffolk.

County of Essex. ^hat Catharine Judith Poor Tenney of West
Newbury, a minor, may take the name of Catha-
rine Tenney Little ; that Albert Rich of Lynn, a
minor, may take the name of Allen Smith Rich ;
that Eliza Treadwell, a minor daughter of Eliza
Treadwell of Ipswich may take the name of Eliza
White Treadwell ; that Lydia Ann Farnum, a
minor daughter of Jerre Farnum of Andover, may
take the name of Lydia Ann Lewis ; that Lucy
Tenney of Rowley may take the name of Lucy
Harriet Tenney ; that George Haycock of Row-
ley may take the name of George Cummins ; that
Eliza Haycock, wife of the said George Haycock,
that his minor daughters, viz : Elizabeth Appleton

CHANGE OF NAMES. March 22, 1834. 123

and Martha Eliza, may severally take the surname Names changed.
of Cummins, also that Dolly Ann Palmer Haycock,
a minor daughter of the said George Haycock,
may take the name of Dolly Ann Palmer Cum-
mins ; that David Hood of Topsfield may take the
name of Wesley de la Fletcher Hood ; that Sally
Chase Bailey Carr of West Newbury may take the
name of Sarah Wyman Carr ; that John March of
Newbury may take the name of John Charles
March ; thai William F.^ Vickery of West New-
bury, may take the name of William F. Loring ;
that Jane Veazey of Newburyport may take the
name of Jane Lunt ; that John Russell of Marble-
head may take the name of John Hickman Rus-
sell ; that William Dove of Marblehead may take
the name of William Curtis Anthony, and that Han-
nah Dove, the wife of the said William Dove, may
take the name of Hannah Anthony ; that William
Dodge 3d, of Beverly may take the name of William
Franklin Dodge ; and that Orlando Sargent 3d, of
Amesbury, may take the name of Orlando Howard
Sargent ; all of the county of Essex.

That James Gillpatrick of Watertown may take county of Mid-
the name of James Gill ; that EHza Gillpatrick,
the wife of the said James Gillpatrick, his minor
daughter Mary Ann, and his minor son George,
may severally take the surname of Gill ; that Ed-
mund Burpee of Lowell may take the name of
Edmund Howes Kendall ; that Henrietta Maria
Sparhawk Burpee, wife of the said Edmund Bur-
pee, and his minor son Edmund Howes, may sev-
erally take the surname of Kendall ; that Betsey
Farnsworth, wife of William J. Farnsworth of
Charlestown, may take the name of Caroline Au-
gusta Farnsworth ; that Sarah Bradish Ayer of

124 CHANGE OF NAMES. March 22, 1834.

Charlestown, a minor, may take the name of Sarah
Eliza Ayer Jackson ; that Elhanan Dean Bryant,
a minor son of Ann Bryant of Charlestown, may
take the name of Dean Perham Bryant ; that Ed-
ward Brown of Charlestown may take the name of
Edward Wjer Brown ; that Samuel Frost Arnold
of Framingham may take the name of Samuel
Frost ; that John Smith, a minor son of Jesse Smith
of Chelmsford, may take the name of John Henry
Smith ; that Mitty Perry of Framingham may take
the name of Elizabeth Ann Perry ; that William
McLane of Cambridge may take the name of Wil-
liam Sinclair Thompson ; that Eben William Sage
Stevens, a minor son of Thomas Holdup Stevens of
Charlestown, may take the name of Eben William
Sage ; all of the county of Middlesex.
County of wor- That Lois Crouch of Bolton may take the
name of Lois Elizabeth Nelson ; that John Smith
of West Boylston may take the name of Austin
Denny ; that Milton J. Adams of Worcester may
take the name of Sewel Havves ; that James P.
Twitchell of Westminster may take the name of
James P. Appleton, and that his wife Emily C.
may take the name of Emily C. Appleton ; that
Betsey Reed Joslin of Leominster may take the
name of Elizabeth Marion Reed Joslin ; that La-
vinah Crouch of Bolton may take the name of
Mary Lavinah Nelson ; that Amos Pierce of Sut-
ton may take the name of Charles Amos Pierce ;
that Mary W. Howe of Grafton may take the
name of Mary W. Putnam ; that James Henry
Alexander Deland of North Brookfield may take
the name of Henry Deland ; that George Fornis of
Holden, a minor son of Sally Fornis, may take the
name of George Howard Smith ; that Enos Bab-

cester,

CHANGE OF NAMES. March 22, 1834. 125

cock of Fitchburg may take the name of Eneas
Alson Marshall ; that David Rice Babcock of
Fitchburg, a minor, may take the name of David
Rice Marshall ; that Alexander James Dallas
Brown of Southbridge may take the name of Alex-
ander James Dallas ; that Sally Walker of Hard-
wick may take the name of Susan Walker ; that
Adelaide Mary Fiske of Spencer may take the
name of Adelaide Mary Green ; that Harlow
Fisher Skinner of Princeton may take the name of
Harlow Skinner ; that Alden Briggs of Grafton
may take the name of John Briggs ; that Hezeki-
ah Harris of Princeton may take the name of
Charles Hamilton Davis ; that Samuel Francis of
Lunenburg may take the name of Franklin Sam-
uel Francis ; all of the county of Worcester.

That Marshall Comee Moody of Granby may countyofHamp-
take the name of Marshall Heman Moody ; that
Chester Cowles, 2d, of Amherst may take the
name of Chester W. Cowles ; that Wright Dick-
enson of Amherst may take the name of Edward
Wright Dickenson ; that Charles Sinkler Braken-
ridge of Ware may take the name of William
Sinkler Brakenridge ; all of the county of Hamp-
shire.

That Meshack Wilbur of Warwick may take county of Frank-
the name of Priest Wilbur ; that David Wood of
Hawley may take the name of David Hough
Wood ; that Sarah Ann Renough of Hawley, a
minor, may take the name of Sarah Ann King ;
that Africa Gates of Wendell may take the name
of Edmund Gates ; that Relief Wells of Bernards-
town may take the name of Mary Gould ; that
James Kilton of Buckland may take the name of
James Carlton ; that Hannah Kilton, wife of the

126

CHANGE OF NAMES.

March 22, 1834.

County of Bris
tol.

Names changed. Said Jamcs Kilton, that his minor son Wilham Au-
gustus Leverit, and his minor daughters Mary
EHzabeth, Sabra Willis and Jane Lurissa may sev-
erally take the surname of Carlton ; that Norman
Marsh of Sunderland may take the name of Nor-
man Homer Marsh ; that Meroe Porter of Lever-
ett may take the name of Lucy Meroe Porter ;
that Harriett Shepard, a minor daughter of Amos
Shepard of Buckland may take the name of Har-
riet Asenath Shepard ; all of the county of Frank-
lin.

That Isaac Gray of New Bedford may take the
name of Isaac Henderson Gray ; that John Fille-
brown of Taunton may take the name of John
Brown ; that Joanna Fillebrown, wife of the said
John Fillebrown, and his minor daughter Susan, and
his minor sons John, Calvin, and Seth Henry, may
severally take the surname of Brown ; that Benjamin
Weaver of Fall River may take the name of Charles
Benjamin Weaver ; that William F. Jones of Taun-
ton may take the name of William Jones ; that Wil-
liam Allen of New Bedford may take the name of
W'illiam Marion Allen ; that James Foster, Jr. of
Attleborough may take the name of James Sullivan
Foster ; all of the county of Bristol.

That Nathaniel Webster of Dorchester may take
the name of Nathaniel Francis Webster ; that Icha-
bod Holbrook of Dorchester may take the name of
Clarendon Gorham Holbrook ; that St. Medard Hol-
brook of Dorchester may take the name of George
Holbrook ; that Joanna Bates of Cohasset, a minor
daughter of Samuel Bates, may take the name of
Joanna Nichols Bates ; that Charles George Glover,
a minor son of Stephen Glover of Roxbury, may take
the name of George Stephen Glover ; all of the
county of Norfolk.

County of Nor^
folk.

CHANGE OF NAMES. March 22, 1834. 127

That Polly Bardwell Nash, a minor daughter of coumy of piy-
Luke Nash, Jr. of Abington, may take the name of
Emeline Hamilton Nash ; that Dennis Snow of
Rochester may take the name of Jackson Snow ;
that Mercy Thompson of Halifax may take the name
of Mercy Tillson ; all of the county of Plymouth.

That Hosea C. Bancroft of Stockbridge may take county of Berk-
the name of George C. Bancroft ; that Partridge
Snow of Becket may take the name of Seneca Lo-
renzo Snow ; all of the county of Berkshire.

That Moses Chapman Elliot, a minor son of Fran- CountyofHamp-
cis Elliot of Springfield, may take the name of Wil-
liam Henry Elliot ; that Wilson Hamilton Hoar of
Brimfield may take the name of Wilson Homer ;
that David Hoar of Springfield may take the name
of David Hobart ; that his wife Mabel Maria, and
his son David Parsons, may severally take the sur-
name of Hobart; all of the county of Hampden.

That John Geyer of Chilmark may take the name Coumy of Dukes.
of John Hayden ; that Lucretia Geyer, wife of the
said John Geyer, his minor daughters Mary D.,
Sarah, Elizabeth, Lucretia, and Caroline, and his
minor son John, may severally take the surname of
Hayden ; all of the county of Dukes County.

And the several persons herein mentioned are
hereby authorized to take, and hereafter be known
by the respective names, which by this act they sev-
erally are authorized to assume.

[Approved by the Governor, March 22, 1834.]

128 INDIA F. AND M. INS. CO. March 2b, 1834.

Persons
rated.

CHAP. CI.

An Act to incorporate the India Fire and Marine
Insurance Company.

Sec. 1. J3E i7 enacted by the Senate and House
of Representatives, in General Court assembled, and
incorpc i^y ^^g authority oj the same, That Josiah Marshall,
Benjamin Burgess, and Abijah Patch, and their as-
sociates and successors, are hereby made a body
politic, by the name of the India Fire and Marine
Insurance Company, to be located in the city of
Boston, for the purpose of making maritime loans,
and insurance against maritime losses, and losses
by fire, in the customary manner ; with all the
privileges, and subject to all the duties and obliga-
tions contained in the one hundred and twentieth
chapter of the statutes of eighteen hundred and
seventeen, and in the one hundred and forty-first
chapter of the statutes of eighteen hundred and
nineteen, and also in the ninety-fifth chapter of the
statutes of eighteen hundred and thirty-two, for
and during the term of twenty years after the pass-
ing of this act.

Sec. 2. Be it further enacted, That said corpo-
ration may purchase, hold, and convey any estate.

Authorized to real or personal, for the use of said company : pro-
take and hold •711 1 1 111 ti

real and personal 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.

THOMPSON'S ISLAND. March 25, 1834. 129

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 collect-
ed 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.

[Approved by the Governor, March 25, 1834]

CHAP. CII.

An Act to set off Thompson's Island from the town
of Dorchester, and to annex the same to the city
of Boston.

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 Thompson's To be annexed
Island, lying in the harbor of Boston, and hereto- Boston.
fore a part of the town of Dorchester, with the in-
habitants thereon, is hereby annexed to the city of
Boston, in the county of Suffolk ; and said island
shall hereafter be considered and deemed to be a
part of the city of Boston : provided, that the said Proviso,
island shall revert to the town of Dorchester, in
one year after it shall cease, by the voluntary
act of the proprietors, to be used for the purposes
of a farm school, or other charitable public purpo-
ses, and shall be appropriated to any other use.
And provided, also, that nothing in this act con-
tained shall destroy or affect any lawful right that
17

130 RELIEF OF THE POOR. March 25, 1834.

the inhabitants of the said town of Dorchester may
now have, to dig and take clams on the banks of
said island.
Taxation. Sec. 2. Be it further enacted, That said island

shall be exempted from taxation so long as it shall
continue to be appropriated to the use of the Bos-
ton Farm School, or to any similar public charity.

[Approved by the Governor, March 25, 1834.]

CHAP. CHI.

An Act in addition to " An Act providing for the
relief and support, employment, and removal of
the poor, and for repealing all former laws made
for those purposes."

13 E it enacted by the Senate and House
of Representatives, in General Court assembled, and
Support of poor, ^y (fig autliority of the same, That when the court
shall adjudge two or more of kin to any poor person,
to be of sufficient ability to contribute to the sup-
port of such poor persons, and shall assess upon
such kindred any sum for such support, according
to the provisions of the third section of the act to
which this is in addition, it shall be the duty of the
court to tax r\o more costs against any respondent,
than shall have been occasioned by his default, or
separate defence.

[Approved by the Governor, March 25, 1834.]

SANDY BAY PIER CO. March25, 1834. 131

CHAP. CIV.

An Act in addition to " An Act establishing the
Sandj Bay Pier 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 the estate, pro- Estate of the
perty, and shares of the Sandy Bay Pier Company, ^l^fholai?"
exclusive of any estate and property, which may have ''°"^'^^-
been taken by said corporation, by virtue of " an
act in addition to an act establishing the Sandy Bay
Pier Company," shall be fixed and taken to be of
the value of thirty-two thousand dollars, and shall
be brought into a common stock with the new
shares created under the last mentioned act, at the
said sum of thirty-two thousand dollars, as fully to
all intents and purposes, as if the same had been
appraised at said sum, pursuant to the provisions of
the fourth section of said last mentioned act.

Seg. 2. Be it further enacted, That the build- i„come to be di-
ings heretofore made by said Sandy Bay Pier Com-.^tockhoiderfand
pany are hereby confirmed to said corporation, and p'^'^p"^'"'*-
the income hereafter arising from the same shall be
divided among the old and new stockholders and
proprietors in such manner as has been agreed
upon, at a meeting of said corporation holden on
the eighth day of March, in the year of our Lord
eighteen hundred and thirty-four.

Sec. 3. Be it further enacted, That the fourth Fourth and fifth
and fifth sections of the act entitled "an act jj^ ^^^''°°^'"^p^^"

132 NEW. AND WAT. UNIV. SO. March 25, 1834.

addition to an act establishing the Sandy Bay Pier
Company," are hereby repealed.

[Approved by the Governor, March 25, 1834.]

CHAP. CV.

An Act to alter the Act to incorporate the Newton
and Watertown Universalist Society.

JjE it enacted by the Senate and House
of Representatives, in General Court assembled, and
f/pg£®^^'°" by the authority of the same, That so much of the
second section of an act passed March 3d, 1827, as
authorizes the Newton and Watertown Universal-
ist Society to assess a tax on their pews for the
support of public worship, is hereby repealed.

[Approved by the Governor, March 25, 1834.]

CHAP. CVl.

An Act to incorporate the Second Parish in Granby.

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

Persons incorpo- by the authority of the same, That Perez Cook, Jr.

'^'''*- Edward Smith, Harvey W. Gridley, and their asso-

ciates, known as the Second Religious Society in

DUMMER ACADEMY. March 25, \S3^. 133

Granby, are, with their successors, hereby incor-
porated as a religious society, by the name of the
Second Parish in Granby ; with all the powers and
privileges, and subject to all the duties and liabilities
by law incident to religious societies, legally estab-
lished in this Commonwealth.

Sec. 2. Be it further enacted, That said cor- Estate.
poration shall be deemed and taken to be successor
to said Second Religious Society, and as such shall be
authorized to receive and hold all property belong-
ing to the same, and shall also have power to hold
and manage any other estate to the amount of five
thousand dollars, provided, the same be appropriated
exclusively to parochial purposes.

[Approved by the Governor, March 25, 1834.]

CHAP. CVII.

An Act to incorporate the Society of the Sons of
Dummer Academy, in Newbury.

-DE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That Edward S. Rand, Persons incorpo-
Jacob Gerrish, and Daniel Adams, their associates
and successors, are hereby made a corporation, by the
name of the Society of the Sons of Dummer Acad-
emy, with all powers and privileges, and subject to
all the liabilities and requirements contained in the
statute of one thousand eight hundred and thirty-
three, chapter eighty third, with power also to hold

134 COUNTY COMMISSIONERS. Marc/i 25, 1 B34.

Real and person- real and Dersonal estate to an amount not exceeding

al estate. iiin • t i-i

five thousand dollars, to be appropriated exclusively
to the promotion of education and moral improve-
ment in Dummer academy.

[Approved by the Governor, March 25, 1834.]

CHAP. CVIII.

An Act in addition to " An Act providing for addi-
tional meetings of County Commissioners in cer-
tain Counties."

-DE it enacted by the Senate and House
of Representatives, in General Court assembled, and
Meetings. })y (fiQ authority of the same, That, in addition to the

meetings of the county commissioners for the county
of Norfolk, as now established by law, there shall
be holden and established a meeting of said commis-
sioners, on the third Tuesday of June, and on the
third Tuesday of December, in each year.

[Approved by the Governor, March 25, 1834.]

BOST. SUGAR REFINERY. March 25, \S3A. 135

CHAP. CIX.

An Act to incorporate the Boston Sugar Refinery.

Sec. 1. TaE. it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That John Brown, Persons incorpo-
Richard Soule, and George Hallett, their asso-
ciates, successors and assigns, are hereby made a
corporation, by the name of the Boston Sugar Re-
finery, tor the purpose of manufacturing and refin-
ing sugar, in the city of Boston, in the county of
Suffolk, and with authority to buy and sell sugar,
and all articles and things necessary and proper to
be used in the manufacture and refining of sugar,
and with all the powers and privileges, and subject
to all the duties and requirements contained in an
act passed on the twenty-third day of February, in
the year of our Lord one thousand eight hundred
and thirty, entitled, " an act defining the general
powers and duties of manufacturing corporations."

Sec. 2. Be it further enacted, That the said cor- Real and person-
poration may lake and hold such real estate, not
exceeding in value seventy thousand dollars, and
such personal estate, not exceeding in value the
suin of one hundred and eighty thousand dollars,
as may be suitable and convenient for carrying on
the manufactures and business aforesaid.

[Approved by the Governor, March 25, 1834.]

136 FRESH POND MEADOWS. March 25, 1834.

CHAP. ex.

An Act to incorporate the Proprietors of Fresh
Pond Meadows in Cambridge, Watertown, and
West Cambridge.

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

Persons incorpo- ^^ ^f^^ authority of the same, That Thomas Brewer,
Samuel Watson, and John Davenport, and others,
proprietors of meadows in the towns of Cambridge,
Watertown, and West Cambridge, in the county of
Middlesex, on the borders of Fresh Pond and Lit-
tle Spy Pond, and above Menotomy Bridge, on the
streams running from said ponds, overflowed and
injured in consequence of the obstructions to the
passage of the water in said streams, and by the
setting back of the current of said streams, in con-
sequence of the rising of the tide in Medford River,
their heirs and assigns, of the said premises, be,
and they hereby are made a body corporate, by the
name of the Proprietors of Fresh Pond Meadows ;
for the purpose of removing the obstructions in
said streams, opening such drains as may be deem-
ed necessary, and constructing a dike, and gate at,
or below Russell's Bridge, on the stream running
from said ponds, and for the purpose of shutting
out the tide from said meadows, and apportioning

Assessments and Collecting assessments on the said proprietors,
in proportion as they shall be respectively benefit-
ted by such improvements, for the purpose of de-
fraying the expenses of the same ; with power to

FRESH POND MEADOWS. March 25, 1834. 137

make by-laws, to choose a clerk, treasurer, com- K^d^oosco'f.
raittees, assessors, collectors of taxes, commission- ^*'^"' *'*'•
ers, and other officers and agents, as may be ne-
cessary and proper, for carrying into effect the
purposes of this act ; and such committees, assess-
ors, or commissioners, as may be appointed for
the levying and apportioning of assessments upon
said proprietors, shall be sworn by some justice of
the peace within said county of Middlesex, to the
faithful performance of their duties.

Sec. 2. Be it further enacted, That, in case any
of said proprietors shall, for sixty days, after de-
mand thereof, neglect to pay his, her, or their pro-
portion of any assessment made in pursuance of
this act, for the purposes aforesaid, the collector
or treasurer of said proprietors, or such dommittee,
or other officers or agents of said proprietors, as
may be authorized by them for this purpose, shall
sell at public auction, after giving reasonable no- Delinquent's

• r- 1 11 shares may be

tice oi such sale, such quantity ot the meadow be- sold at auction.
longing to such delinquent proprietor or propri-
etors, as shall be deemed sufficient by such treas-
urer or collector, committee, or other officer, or
agent authorized as aforesaid, to satisfy such as-
sessment, and pay all necessary expenses incidental
to such sale; and the said collector or treasurer, or
such other officer or committee, or agent of said
proprietors, being authorized for the purpose by
said proprietors, shall convey by deed, the meadow
so sold; which deed duly executed, shall give a
valid title to the grantee, of the portion of said
meadows so sold and conveyed, subject, however,
to the right of the proprietor or proprietors there-
of, to redeem the same within one year from the
sale thereof, by paying the amount of such pur-
18

138

FRESH POND MEADOWS. March 25, 1834.

Time for keep-
ing gate open.

Penalty for in-
juring gate.

Proprietors to
signify their as-
sent.

chase money, and the interest therefor, to the pur-
chaser, his heirs, assigns, or other legal represent-
atives ; and the surplus of the proceeds of such
sale, over the amount of the assessment, and ex-
penses of such sale, shall be paid over by the said
collector or treasurer, or other officer, agent, or
committee, making the sale, to the delinquent pro-
prietor or proprietors of the estate thus sold.

Sec. 3. Be it further enacted^ That the said gate
shall be kept open for the free passage of fish up
and down said stream, from the first day of March,
to the fifteenth day of June, in each year, and for
such further time, as the court of common pleas
in said county, on giving the parties interested,
reasonable notice and hearing, on the application
of the selectmen of Cambridge, or West Cam-
bridge, for that purpose, may direct, in case the
time above specified shall be found insufficient for
the passage of shad and alevvives to and from said
ponds.

Sec. 4. Be it further enacted, That, if any per-
son shall wilfully destroy, break down, remove, or
injure said gate, or dike, the person or persons, so
offending, shall forfeit and pay a sum not less than
twenty dollars, nor more than one hundred dollars,
to be sued for and recovered before the court of
common pleas in said county, one half to the use
of the complainant ; the other half to the use of said
proprietors.

Sec. 5. Be it further enacted, That this act shall
be in force only in respect of such of the proprie-
tors aforesaid, as shall signify their assent thereto,
in writing, or by voting therefor, at a meeting of
said proprietors, duly called in the manner pre-
scribed by law, for calling the meetings of corpo-

BOSTON PORT SOCIETY. March 25, 1834. 139^

rations; and upon such adoption of this act, all
acts heretofore passed to incorporate the proprie-
tors of said meadows, for the purpose aforesaid,
and the acts in addition thereto, shall cease to be
in force.

[Approved by the Governor, March 25, 1834.]

CHAP. CXI.

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

UE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That, at all future meet- Quorum,
ings of the managers of the Port Society of the
city of Boston and vicinity, five shall constitute a
quorum for doing business, any thing in the act to
which this is in addition to the contrary notwith-
standing.

[Approved by the Governor, March 25, 1834.]

140 PHILLIPS CHURCH SOC. March 25, 1834.

CHAP. CXIl.

An Act to incorporate the Phillips Church Society
in the City of Boston.

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

Persons incorpo- by the authority of the same, That Ebenezer Hay-
ward, Jeremy Drake, and Jacob Pike, their asso-
ciates and successors, are hereby incorporated as a
religious society in the city of Boston, by the name
of the Phillips Church Society, with all the powers
and privileges, and subject to all the duties and li-
abilities by law incident to religious societies legally
established in this Commonwealth.

Trustees empow- g^c. 2. Bc it furthcr cnttctcd. That the present

ered to convey ^ _ / * ,

land. trustees of the meeting-house, situated at the junc-

tion of A street and Broadway, in that part of the
city of Boston called South Boston, or such of
them as may be now resident in this Common-
wealth, are hereby authorized to release and con-
vey to said corporation all the real estate held by
them as trustees, and the same shall vest, upon
such conveyance, as an absolute estate in said cor-
poration.

Estate. Sec. 3. Be it further enacted. That said cor-

poration shall have power to hold and manage any
estate, the annual income of which, exclusive of
their meeting-house, shall not exceed two thousand
dollars : provided, the same be appropriated only
to parochial purposes.

[Approved by the Governor, March 25, 1834.]

BYEFIELD MEET. HOUSE. March 26, 1834. 141

CHAP. cxni.

An Act to incorporate the Proprietors of Byefield
Meeting-House.

Sec. 1 . IjE z7 enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That Putnam Perley, Persons incorpo-
Daniel Hale, and James Peabody, their associates
and successors, are hereby incorporated by the
name of the Proprietors of Byefield Meeting-
House, with all the powers and privileges, and sub-
ject to all the duties and liabilities to which similar
corporations are subject by the constitution and
laws of this Commonwealth.

Sec. 2. Be it further enacted, That said cor- Estate.
poration shall have power to hold and manage any
estate to the amount of five thousand dollars : pro-
vided, the same be appropriated exclusively to pa-
rochial purposes.

Sec. 3. Be it further enacted, That any pro- votes.
prietor in said meeting-house shall have a right to
act and vote by proxy, at any meeting of said pro-
prietors, in case such proprietor should not attend
the same in person ; but no proprietor, whether of
one or more pews, shall, in any case, be entitled to
more than one vote, either in person or by proxy ;
and in case a pew be owned by two or more
persons, only one of them shall be entitled to vote
by virtue of such ownership.

[Approved by the Governor, March 25, 1834.]

142 BRIDGE IN DENNIS. March 25, 1834.

CHAP. CXIV.

An Act authorizing Judah Paddock, and others, to
build a Bridge in Dennis.

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

Persons incorpo- bv thc authoritij of the same, That Judah Pad-
dock and Asa Shiverick, together with their asso-
ciates, successors and assigns, are hereby author-
ized to build a bridge over Sesuit Creek, in the
town of Dennis, from the meadow lands of Judah
Paddock, on the south of said creek, to the mea-
dow land of Asa Shiverick, on the north of said

Proviso. creek : provided, said bridge be built within four

years from the passing of this act, and the width
be not less than twelve feet, and the under part
thereof not less than three feet above high water
mark, at a common course of high tides.

[Approved by the Governor, March 25, 1834.]

LEWIS WHARF CO. March 25, 1834. 143

CHAP. CXV.

An Act to incorporate the Lewis Wharf Company
in the City of 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 John Binney, f^^/J*"' '"'^'p^^
Samuel S. Lewis, and George Hallett, their asso-
ciates and successors, are hereby made a corpora-
tion by the name of the Lewis Wharf Company,
with power to hold, in fee simple, or otherwise, all
or any part of that real estate situate in said city of
Boston, including Lewis' wharf and Hancock's wharf,
and bounded and described as follows, viz. north-
westerly by Ann Street, northeasterly by the north-
easterly side of Fleet Street, and the southwesterly
side of Snow's wharf, formerly called Scarlet's
wharf, extended into the harbor channel, south-
westerly by Commercial street and the land and
wharf of the Commercial Wharf Company, ex-
tended into the said channel, and northerly, east-
erly, and southerly by a line or lines in said chan-
nel as far northerly, easterly, and southerly as said
Lewis' wharf or said Hancock's wharf may be law-
fully extended ; and said company may within the
limits aforesaid, construct docks and wharves, lay
vessels within and at the ends and sides thereof, and
receive dockage and wharfage therefor, erect build-
ings, lay out streets and passage ways, and improve
and manage said property, as to them shall seem

LEWIS WHARF CO.

March 25, 1834.

Number of
shares.

Assessments.

Votes.

expedient : provided, that nothing herein contained
shall be understood as authorizing said corporation
in any way to interfere with the legal rights of any
person or persons whomsoever.

Sec. 2. Be it further enacted, That said cor-
poration may, at any legal meeting, agree upon
the number of shares, not exceeding five hundred,
into which their stock shall be divided, which
shares shall be transferable in a book kept by their
clerk for that purpose, may assess on the stockhold-
ers, such sums of money from time to time, not
exceeding in the whole two thousand dollars on
each share, as may be necessary for the purchase,
improvement and ma'nagement of their estate, and
may, in case any stockholder shall neglect to pay
any such assessment, cause such of the shares of
said stockholder as may be sufficient therefor, to be
sold at public auction to the highest bidder, first
giving thirty days notice of said sale, by advertise-
ment thereof, in one or more newspapers printed in
said Boston : and, after deducting the amount of
such unpaid assessment, and the charges of sale,
the surplus, if any, shall be paid to said stockholder,
and the purchaser of such share or shares shall be
entitled to receive a certificate of the same.

Sec. 3. Be it further enacted, That, in all meet-
ings of the members of said corporation, each pro-
prietor shall be entitled to one vote for each share
by him held of said stock, but no one proprietor
shall ever be entitled to more than ten votes : pro-
vided, always, 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 pre-
sent and represented, nor unless notice of the pur-
pose of such meeting shall have been given ten

WHARF IN BOSTON. March 25, 1834. 146

dajs at least previous thereto in the manner pre-
scribed by the by-laws ; and absent members may
vote by proxy authorized in writing.

[Approved by the Governor, March 25, 1834.]

CHAP. CXVI.

An Act authorizing Nathaniel Vinal and others to
extend their Wharf.

JjE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That Nathaniel Vinal Authorized to

, , . ^ • 1 r • I extend wharf.

and others, proprietors or a certam whari m the
northerly part of the city of Boston, and adjoining
Brown's wharf, are hereby authorized to extend
their wharf into the sea, so far as the most northerly
point of Brown's wharf; and that they shall have and
enjoy the right and privilege of using and occupying
the flats adjacent to said wharf when so extended, at
the end and at the sides thereof, in the same man-
ner, in which they have hitherto occupied and en-
joyed the flats adjoining said wharf as it now is :
provided, that nothing in this act contained shall in
anywise impair or interfere with the private rights
of any other person or persons whomsoever.

[Approved by the Governor, March 25, 1834.]

146 WHARF IN FALL RIVER. March 25, 1834.

CHAP. CXVII.

An Act to repeal all Laws heretofore made for regu-
lating the Alevvive Fishery in a certain stream in
the towns of Dracut and Methuen.

ll>E it enacted by the Senate and House
of Representatives, in General Court assembled, and
pS' '^"^^ '^" by Ihe authority of the same. That all laws hereto-
fore made for regulating the alewive fishery in a cer-
tain stream which flows from Peter's pond in Dracut,
in the county of Middlesex, and Methuen, in the
county of Essex, into Merrimack river, running
through Bartlett's farm ; and on which are situated
Bartlett's mills in Methuen, and Richardson's mills
in Dracut, or that require any passage way for said
fish through or around any dams across said stream,
are hereby repealed.

[Approved by the Governor, March 25, 1834.]

CHAP. CXVIII.

An Act authorizing the Fall River Iron Works Com-
pany to build a Wharf in the harbor of Fall River.

i3E it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That the Fall River Iron

G. BARKINGTON IRON CO. March 26, 1834. 147

Works Company, in the town of Fall River, and JJXwharo &c.
county of Bristol, are hereby empowered to build a
wharf in the harbor of Fall River, from high water
mark, adjoining the land of said Fall River iron
works company, commencing about two hundred
feet easterly from the wharf now owned and im-
proved by said company, and extending in a line,
nearly parallel with the wharf aforesaid, three hun-
dred and fifty feet, thence extending in an easterly
direction to within fifty feet of the middle of the
channel of the Fall River or creek, thence extending
by said channel, and within fifty feet of the middle of
said channel, to the nail factory belonging to said
company ; and that the said company be allowed all
the privileges heretofore granted, or that may here-
after be granted, to proprietors of wharves in said
harbor, for the use, occupation, and accommodation
of said wharf: provided, the erection and improve-
ment of said wharf shall in nowise affect the private
rights of any person or persons whomsoever.

[Approved by the Governor, March 25, 1834.]

CHAP. CXIX.

An Act to incorporate the Great Harrington Iron
Company.

Sec. 1. JjE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That John C. Cofling, Persons incorpo-
Timothy Chittenden, Phineas Chapin, with such

148 SHELL-FISH IN SANDWICH. March 26, 1834.

others as may associate with them, their successors
and assigns, are hereby made a corporation by the
name of the Great Barrington Iron Company, for
the purpose of manufacturing iron in the town of
Great Barrington, in the county of Berkshire ; and
for this purpose shall have all the powers and priv-
ileges, 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 manu-
facturing corporations." -

Sec. % Be it further enacted, That said cor-
poration may lawfully hold such real and personal
estate as may be necessary for the purposes afore-
said : provided, the value of said real estate shall
not exceed the sum of thirty thousand dollars, and
the value of such personal estate the sum of
twenty thousand dollars.

[Approved by the -Governor, March 26, 1834.]

Estate.

CHAP. CXX.

An Act to prevent the destruction of Oysters and
other Shell Fish in the town of Sandwich.

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

of Representatives, in General Court assembled, and

Penalty for tak- ly (he authorittj of the samc. That if any person

ing oysters, or "^ »/ ./ ^ i

other shell-fish, shall hereafter take any oysters or other shell fish
from their beds, or destroy them therein, in the

SHELL-FISH IN SANDWICH. March 26, 1834. 149

town of Sandwich, except as is hereinafter provid-
ed, he shall forfeit and pay, for every bushel of
oysters so taken or destroyed, the sum of five dol-
lars, and for every bushel of other shell-fish so
taken or destroyed, the sum of three dollars : pro-
vided, however, that the selectmen of said town, for
the time being, or a major part of them, may give
permits in writing to any inhabitant of said town
to take oysters, or other shell-fish from their beds,
at such times and for such uses, as they shall think
reasonable, and express in such permits, not ex-
ceeding two bushels for one family : provided, fur-
ther, that any inhabitant of said town may, without
such permit, take one bushel of oysters or other
shell-fish per week from their beds in said town, for
the use of his or her family, from the first day of
September to the first day of June, annually.

Sec. 2. Be it further enacted. That, if any ves- inhabitants may

, , f. 1 • I 1 seize and detain

sel, boat, or cratt, cart, waggon, sleigh, or other any vessel, &c.
vehicle shall be found within the limits of said other sheii-fish

. 1 1 11 r* 1 11 on board, taken

town with any oysters or other shell-iish on board contrary to the

, 1 • • 1 1 provisions of this

the same, taken in said town contrary to the pro- act.
visions of this act, any inhabitant or inhabitants of
said town when such vessel, boat or craft, wagon,
cart, sleigh, or other vehicle, shall be so found
trespassing, may seize and detain the same, not
exceeding forty-eight hours, in order that the
same, if need be, may be attached by due process
of law to answer the said fines, and forfeitures,
with costs of suit : provided, however, that as soon
as the owner or master of any such vessel, boat, or
craft, cart, wagon, sleigh, or other vehicle, shall
pay said fines and forfeitures without suit to the
treasurer of said town, one half to the use of said
town, and the other half to the person or persons

150

SHELL-FISH IN SANDWICH. March26, 1834.

Penalties.

Witnesses.

Forfeitures.

seizing the same, such vessel, boat or craft, wagon,
sleigh or other vehicle, shall be discharged with
the effects therein.

Sec. 3. Be it further enacted^ That if any per-
son or persons residing in said town of Sandwich
shall aid or assist any person or persons, belonging
to any other town, in taking any of the fish afore-
said, or shall supply them therewith, he shall for-
feit and pay, for every bushel of oysters so taken,
the sum of five dollars, and for every bushel of
other shell fish so taken, the sum of three dollars,
and the purchaser or purchasers knowing them to
be unlawfully taken, shall be subject to the like
forfeitures.

Sec. 4. Be it further enacted, That all persons
not otherwise disqualified shall be competent and
legal witnesses in any prosecution upon this act,
they being inhabitants of said town of Sandwich
notwithstanding.

Sec. 5. Be it further enacted, That all the for-
feitures mentioned in this act, not herein otherwise
appropriated, shall enure, one half to said town,
and the other half to the person or persons giving
information, to be recovered by the treasurer of
said town in an action of debt, before any justice
of the peace for said county of Barnstable, or any
court proper to try the same.

[Approved by the Governor, March 26, 1834.]

COUNTY TREASURERS. March 26, 1834. 151

CHAP. CXXI.

An Act in addition to " An Act to incorporate the
Taunton Britannia Manufacturing Company."

-DE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That the Taunton May increase
Britannia Manufacturing Company is hereby author- '^^^'^
ized to increase its present capital stock, by an ad-
dition thereto of a sum not exceeding twenty thou-
sand dollars.

[Approved by the Governor, March 26, 1 834.]

CHAP. cxxn.

An Act in addition to " An Act to direct the time
and manner of exhibiting the Accounts of County
Treasurers, and the estimates for County Taxes."

Sec. 1. xSE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That hereafter the esti- Estimates of

•^ »/ ./ ' taxes, &c., when

mates of taxes for all county charges, provided for '° ^^ "^^^^ "p-
in said act, and the accounts and estimates therein
required to be prepared and returned by county
treasurers, shall be made up to the last day of each
calendar year inclusive, and returned into the office

152 BOWDOIN INS. CO. March 26, 1834.

of the secretary of the Commonwealth, on or before
the first day of February annually, in the form and
manner, and by the persons, as prescribed in said
act.
Fees. Sec. 2. Be it further enacted, That in making

up their accounts, as required by the act aforesaid,
the several county treasurers shall add thereto a
particular account of all fees which are by law re-
turnable to county treasurers, including those of
county commissioners, and the same shall, in the
form, manner, and time aforesaid, and by the per-
sons aforesaid, be examined, certified and returned
to the secretary of the Commonwealth.

[Approved by the Governor, March 26, 1834.]

CHAP. CXXIII.

An Act to incorporate the Bowdoin Insurance Com-
pany.

Sec 1. -L>E it enacted by the Senate and House
of Representatives, in General Court assembled, and
pers^onsincorpo- ^j^^;^g authority of the same, That John L. Dim-
mock, Timothy C. Kendall, and Thomas R. Das-
comb, their associates and successors, be, and they
hereby are made a body politic, by the name of the
Bowdoin Insurance Company, to be established in
the city of Boston, for the purpose of making mari-
time loans and insurance against maritime losses,
and insurance against losses by fire, in the customary
manner, with all the privileges, and subject to all

BOWDOIN INS. CO. March 2Q, 1834. 153

the duties and obligations contained in the one hun-
dred and twentieth chapter of the statutes of eigh-
teen hundred and seventeen, and in the one hundred
and forty-first chapter of the statutes of eighteen
hundred and nineteen, and also in the ninety-fifth
chapter of the statutes of eighteen hundred and
thirty-two, for and during the term of twenty years
after the passing of this act.

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

, , , , , al estate.

ration 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 security for
money due to said company.

Sec. 3. Be it further enacted. That the capital Capital stock,
stock of said company shall be two hundred thou-
sand dollars, and shall be divided into shares of fifty
dollars each, and shall all be collected and paid in,
in such instalments, and under such provisions and
penalties, as the president and directors of said
company shall order and appoint.

[Approved by the Governor, March 26, 1834.]

154 BOSTON BEWICK COM. March 21, \S5L

CHAP. CXXIV.

An Act to incorporate the Boston Bewick Company.

Sec. 1. -L>E it enacted by the Senate and House
of Representatives, in General Court assembled, and

Persons incorpo. ^^ the authority of the same. That John H. Hall, Abel
Bowen, and John C. Crosman, their associates, suc-
cessors and assigns, are hereby made a corporation,
to be established in the county of Suffolk, by the
name of the Boston Bewick Company, for the pur-
pose of employing, improving, and extending the art
of engraving, polytyping, embossing and printing,
and carrying on the business thereof. And for these
purposes, and for no other, shall have all the powers
and privileges, and be subject to all the requirements
contained in " an act defining the general powers
and duties of manufacturing corporations," passed
the twenty-third day of February, in the year of our
Lord one thousand eight hundred and thirty.

Real and per- Sec. 2. Bc it further cuactcd, That the said

sonal estate. ^

corporation may lawfully hold and manage real es-
tate, not exceeding in value sixty thousand dollars,
and such personal estate as may be found convenient,
not exceeding sixty thousand dollars.

[Approved by the Governor, March 27, 1834.]

RICHMOND, &c. DIV. LINES. March 27, 1^34,. 155

CHAP. CXXV.

An Act establishing the dividing line between the
towns of Richmond and West Stockbridge.

-DE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That the following de- Dividing line
scribed line be established as the true dividing line
between the towns of Richmond and West Stock-
bridge, to wit : beginning at the old monument or
stake and stones, standing on the east line of the
state of New York ; about ten links easterly from a
large white oak tree marked ; thence running easter-
ly, in a direct line, seven hundred and sixty rods, to
a monument called the Cone Corner.

[Approved by the Governor, March 27, 1834.]

CHAP. CXXVI.

An Act concerning Alewives in Herring River, in
the town of Sandwich.

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 Selectmen selectmen em-
of the town of Sandwich for the time being, or a sc°r7bTthe''nl'an-

-, , , , 1 • 1 ner, <fec., of tak-

major part ot them, are hereby empowered, in the ingaiewives.

156 HERRING RIVER. March 27, 1834.

month of March or April, annually, to prescribe the
time, place or places and manner of taking ale-
wives in Herring River, in the town of Sandwich,
such time not to exceed four days in a week, and
they shall appoint some suitable person or persons
to take the same, and fix the compensation to be
paid therefor.
Dams to be kept ^^0. 2. Be it further enacted, That the owners
°a|eofsa?dfish^ ^^ occupauts of dams across said river shall annu-
^''' ally, during such time, not exceeding sixty days in

each year, as shall be prescribed by the selectmen
of said town, or the major part of them, for the
time being, keep constantly open and maintain
through, over, or around their respective dams, a
passage sufficient and proper for the passing of
said fish, to the satisfaction of said selectmen, under
a penalty not less than ten, nor more than sixty
dollars, for each and every twenty-four hours they
shall neglect to open a passage-way as aforesaid ;
and the said selectmen, shall, thirty days at least
before the commencement of said period, notify in
writing the owners or occupants of said dams, of
the time when the said passage-ways shall be
opened, and the manner in \vhich they shall be
constructed and regulated. Provided, however, that
if any such owner or occupant shall at any lime be
dissatisfied with the determination of said select-
men in relation to the construction or regulation of
such passage-way or passage-ways, such owner or
occupant may, by application in writing to the
selectmen of the town of Barnstable, for the time
being, in said county of Barnstable, who are hereby
constituted a committee for that purpose, cause
such passage-way or passage-ways to be fixed,
prescribed, and regulated in writing by said com-

HERRING RIVER. March 27 , I S34>. 167

mittee ; and such passage-way or passage-ways
shall thereafter be, by the owners or occupants of
said dam or dams, kept open and regulated in
width and depth, and in all other respects, pursuant
to said written determination of said committee,
under the same penalty as is herein before' pro-
vided. And the expense of said committee shall
be paid by the owners or occupants of said dam or
dams, or by the said town of Sandwich, as said
committee shall adjudge.

Sec. 3. Be it further enacted. That the said ^^^^js and au-

•^ thonliesofsplect-

selectmen of the town of Sandwich shall have full men in relation to

said fish.

power and authority to cause the natural course of
the stream, through which said fish pass, to be kept
open and free of obstructions, except the dams
aforesaid, and to remove all such obstructions, ex-
cept as aforesaid, and, for that purpose as well as
for the other purposes of this act, shall have author-
ity to go upon the land or meadow of any person
through which said stream runs, without being
deemed trespassers, and if any person or persons
shall molest the said selectmen, or either of them,
in the execution of his or their duties under this act,
or shall obstruct the passage of said fish, except as
aforesaid, the person or persons so offending shall
on conviction thereof, before any justice of the
peace in the county of Barnstable, pay a fine for
every such offence, not exceeding twenty, nor less
than ten dollars.

Sec. 4. Be it further enacted. That if any per- Penalty for tak-

„ r , n 1 r ing said fish oth-

son or persons shall take any of the fish aforesaid, erwise than shaii

... 1-1-1 ■ n be allowed by the

in said river or the ponds m which said fish cast selectmen.
their spawn, at any time or in any place or manner
other than shall be allowed by said selectmen as
aforesaid, each person so offending, shall, for each

158 HERRING RIVER. March 27, 1834.

and every such offence, on conviction thereof, pay
a fine not exceeding twenty dollars, nor less than
one dollar.

Quantity of fish Sec. 6. Be it further enacted^ That from and

receiver&i' ^ after the passing of this act, the inhabitants of
said town, at their annual March meeting, shall de-
termine the quantity of said fish that each family
in said town shall receive, and establish the price
they shall pay therefor.

Witnesses. Sec. 6. Be it further enacted, That all persons,

not otherwise disqualified, shall be taken to be
competent and legal witnesses in any prosecution
upon this act, they being inhabitants of said town
of Sandwich notwithstanding.

Forfeitures how §£0. 7. Be it further enacted, That all the for-

to be appropria- ^ _ i ii i_

ted. feitures incurred by virtue of this act, shall be, two

thirds to the use of the said town of Sandwich, and
one third to the person or persons giving informa-
tion, to be recovered in an action of debt, in any
court proper to try the same, to be brought by the
treasurer thereof.
priviie esofthe ^^^' ^" ^^ it further enacted. That the Herring
d!ans°^^°"*^^° Pond Indians shall be allowed the same privileges,
in relation to said fish, as have heretofore been
usually granted them by said town of Sandwich.

[Approved by the Governor, March 27, 1834.]

SEC. ESSEX M. F. INS. CO. March 27, 1834. 159

CHAP. CXXVIl.

An Act to incorporate the Second Essex Mutual
Fire Insurance Company.

Sec. 1. Jt>E it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That William An- f^'^^^^ mcorpo-
drews, Junior, Ezra Perkins, and Winthrop Low,
their associates and successors, are hereby made a
corporation, by the name of the Second Essex Mu-
tual Fire Insurance Company, with powers and
privileges incident to such corporations, for the
term of twenty-eight years.

Sec. 2. Be it further enacted, That, when the insurance to be
sum subscribed to be insured shall amount to the thousaiTd ^Liars
sum of fifty thousand dollars, said corporation may ^^^^"^
insure for the term of from one to seven years,
upon any building, merchandize, goods, or furni-
ture whatsoever, within the county of Essex, to any
amount not exceeding three-quarters of the value
of the property insured.

Sec. 3. Be it further enacted. That the funds of Funds to be vest-

»' ' ed in stocks, or

said corporation shall be vested in stocks, or loan- i°aned.
ed on security, as the directors may order, and
shall be appropriated, first to pay the expenses of
the corporation, and next to pay the damages
which any member may be entitled to recover on
his policy. In case any member shall have a just
claim upon the corporation, exceeding the amount
of their then existing funds, the directors shall,

160 SEC. ESSEX M. F. INS. CO. March 27, 1834.

without delay, assess such sum as may be neces-
sary, on the members, in proportion to the amount
of their premiums and dcposites for seven years,
but not to exceed triple the amount of such premi-
ums and deposites.
Execution may Sec. 4. Be it further encicted, That, when any

be levied on the '' _ . .

estate or funds of member shall recover judgment against said cor-

the corporation. . .

poralion, 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 prop-
erty of any of the directors : provided, they first
refuse or neglect, for the space of sixty days, to
satisfy the execution, after formal demand made on
them for that purpose ; and any director, whose
property may be thus taken, may sustain an action
of the case against the corporation, to recover full
and adequate damages therefor.
Policy to create Sec. 5. Be it further etiacted, That each policy

a lien on proper- i ,i r- ir • . ,

ty insured. Qi insurancc snail or itseli, without any other cere-
mony, create a lien on any building insured, and
on the land under it, for the payment of the pre-
mium stipulated in said policy, and of assessments
lawfully made by virtue thereof; and this provision
shall not prevent the taking of other collateral se-
curity.

Sec. 6. 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 sura due, either on the deposite note, or by
assessment, and their execution may be levied on
the estate insured, and the officer making the levy
may sell the whole or any part of the estate at

MERCH. MAR. RAILWAY. March 27, 1834. 161

auction, giving notice, and proceeding in the same ^o'erry ^'ay be

nrianner as is required in the sale of equities of re- s^'^i »' aucuon.

demption on execution ; and the owner shall have

a right to redeem the estate, by paying the costs of

sale, the amount of the execution, and twelve per

cent, interest thereon, within one year from said

sale.

Sec. 7. Be it further enacted, That each mem-
ber of said corporation may vote by proxy, and be
entitled to as many votes as he has policies.

[Approved by the Governor, March 27, 1834.]

CHAP. CXXVIII.

An Act to incorporate the Merchants Marine Rail-
way Company.

Sec. 1 . 1>E «i enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That William Sav- Persons incorpo-
age, John Binney, and George Hallett, their asso-
ciates and successors, are hereby made a corpora-
tion, by the name of the Merchants Marine Rail-
way Company, for the purpose of erecting railways
in East Boston for the repairing of ships and ves-
sels thereupon, and the doing and transacting of
all matters and things whatsoever relating to the
building and repairing of vessels upon such rail-
ways.

Sec. 2. Be it further enacted. That the said
corporation is hereby declared capable to have,
21

162

MERCH. MAR. RAILWAY. March 27, 1834.

Estate.

Proviso.

Shares may be
assessed.

hold and possess real estate not exceeding in value
fifty thousand dollars, and a further capital stock
of fifty thousand dollars, with liberty to increase
the same to any amount not exceeding in all two
hundred thousand dollars.

Sec 3. Be it further enacted, That the said
corporate property shall be divided into shares, and
numbered in progressive order, beginning at num-
ber one, and certificates shall be signed by the
treasurer of the corporation, and issued to the pro-
prietors accordingly, and the shares aforesaid shall
be transferable by endorsement on the back of the
said certificates, and the property in shares shall
be vested in the vendee or assignee thereof, when
a record shall be made thereof by the clerk of the
corporation, and new certificates shall be issued
accordingly; and in all meetings of the members of
the said corporation for the transaction of business,
each proprietor shall be entitled to one vote for
every share held by him : provided, always, that no
one member shall ever be entitled to more votes
than shall be equal to one fifth part in value of the
corporate property, and members shall have the
right to appear and act at any meeting by proxy.

Sec. 4. Be it further enacted, That said corpo-
ration may from time to time, at any legal meeting
called for that purpose, assess upon each share
such sum or sums of money as shall be judged ne-
cessary for raising a capital for the completion and
effecting the objects of this incorporation, and for
the carrying on the business thereof, and for de-
fraying the expense and charges incident thereto,
to be paid to the treasurer at such time or times,
and by such instalments, as shall be directed by
said corporation; and if the proprietor of any share

HARVARD COLLEGE. March 28, 1834. ig;

shall neglect or refuse to pay any tax duly rated by
said corporation, for the term of thirty days after
the time set for the payment thereof, the treasurer
is hereby authorized to sell, at public vendue, the Jlarermaybe
share or shares of said delinquent proprietor, suffi- sold at auction.
cient to pay all taxes and assessments which may
be then due from said proprietor, with the neces-
sary and incidental charges, after having given
public notice in some newspaper printed in the
city of Boston, of the time and place of sale, at
least ten days before the sale, and such sale shall
be a legal transfer of the share or shares so sold
to the purchaser, who shall be entitled to receive a
certificate or certificates of the share or shares so
sold, and by him purchased.

[Approved by the Governor, March 27, 1834.]

CHAP. CXXIX.

An Act in addition to " An Act to alter and amend
the Constitution of the Board of Overseers of
Harvard College."

Sec. 1. Jc5E ?*^ enacted by the Senate and House
of Representatives, in Gejteral Court assembled, and
by the authority of the same. That, whenever any
vacancy exists in the clerical part of the board of
overseers of Harvard College, the board, in filling
such vacancy, agreeably to the provisions of the
statute of one thousand eight hundred and nine,
chapter one hundred and fourteenth, may elect any

164 CHELSEA FREE BRIDGE. March 28, 1834.

SdmiS Stated minister of a church of Christ, ordained
to fill vacancy, agreeably to the usages of the order to which he
may belong : provided, that when any minister so
elected shall cease to have the ministerial rela-
tion he had at the time of his election, or shall re-
move out of the Commonwealth, the place of such
minister at said board shall thereupon become va-
cant.

Sec 2. Be it further enacted, That this act
shall be in force when the overseers of Harvard
College, and the president and fellows of Harvard
College, shall accept the provisions of the same.

[Approved by the Governor, March 28, 1834.]

CHAP. CXXX.

An Act to incorporate the Proprietors of Chelsea
Free Bridge.

Sec. 1. X>E ?*^ enacted by the Senate and House
of Representatives, in General Court assembled, and

Persons incorpo- ^y (fi^ authority of the same, That Benjamin T.
Reed, Amos Binney, John Henshaw, and their as-
sociates, successors and assigns, are hereby made a
body corporate, by the name of the Proprietors of
Chelsea Free Bridge.

Bridge to be Sec.2. Bc it f Hither cuactcd, That said corpo-

buill across Chel- • .< ■, ^ • ^ i-ii i-i

sea creek. ratiou IS hereby authorized to build a bridge across
Chelsea Creek, from the northerly side of Noddle's
Island, in the harbor of Boston, to the farm of Ben-
jamin Shurtleff, in Chelsea ; which bridge shall be

CHELSEA FREE BRIDGE. March 23, 1834. 165

well built, of good and sufficient materials, not less
than twenty-five feet wide, with sufficient railings
for the protection of passengers, with a good and
sufficient draw, not less than twenty-five feet wide ;
which draw shall, at all times, on demand, be raised
for the passage of vessels that cannot pass under
said bridge. And said bridge shall be furnished
with proper piers on both sides, above and below, for Bridge to be fur-

, . nished with piers.

the accommodation of vessels passing through the
same. And in case any such vessel about to pass
said bridge shall be detained more than one hour, the
corporation shall forfeit and pay, to the owner or Forfeiture for de-

^ i ./ ' taming vessels.

owners of such vessel, a sum not less than three
dollars, nor more than twenty dollars, to be recover-
ed by action of debt in any court proper to try the
same. And no toll shall be demanded of any per-
son or persons who shall pass over said bridge : pro-
vided, always, that if at any time hereafter, the pro- Proviso,
prietors of said bridge shall lay out, or cause to be
laid out and made, any road from the Chelsea end of
said bridge to any road whatsoever, within the limits
of the town of Chelsea, the inhabitants of said town
shall never be chargeable with any cost or expense
whatsoever, for the laying out, making, repairing, or
maintaining such road. And provided, also, that
said corporation shall not build said bridge, until a
good and sufficient bond, to be approved by the Corporation to
treasurer of this Commonwealth, in the penal sum commonwealth.
of three thousand dollars, shall be filed in the office
of said treasurer, conditioned to pay all penalties
and forfeitures that may be incurred within the
meaning and intent of this act ; and said corporation
shall be 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

166 WARREN BRIDGE. March 23, 1834.

defects in public highways and bridges, and the con-
dition of the bond herein before mentioned shall also
provide for the payment of all damages which may
be so sustained.

Time for build- Sec. 3. Be U furthcr enacted, That if said cor-
ing the bridge. . r , r ^i_

poration shall neglect lor the space or three years

after the passing of this act to build said bridge,

then this act shall be void.

[Approved by the Governor, March 28, 1834.]

CHAP. CXXXI.

An Act to continue in force " An Act concerning
Warren Bridge."

JjE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That "an act concern-
ing Warren Bridge," passed March 28th, 1833, be,
and the same shall hereby remain in full force and
operation, until the last day of the session of the
next General Court.

[Approved by the Governor, March 28, 1834.]

COURTS MARTIAL FINES. March 28, 1834. 167

CHAP. CXXXII.

An Act concerning prosecutions for the recovery of
fines imposed by Courts Martial.

J3 E it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That whenever hereaf- Treasurer of the

'^ _ ^ ^ county to pay

ter in any action, which may be brought according ^''^ fi"«-
to the provisions of the statute of one thousand
eight hundred and twenty one, chapter ninety-two,
section ninth, in the name of any judge advocate in
the miHtia of this Commonweahh, judgment shall
be rendered for costs against said judge advocate,
and execution be issued therefor, it shall be the
duty of the treasurer of the county in which said
judgment shall be rendered, to pay the amount
thereof; and the same shall be allowed to said
county in the settlement of said treasurer's account
with the Commonwealth.

[Approved by the Governor, March 28, 1834.]

168 BELVIDERE W. MAN. CO. March 28, 1834.

CHAP. CXXXIII.

An Act to incorporate the Belvidere Woollen Man-
facturing Company.

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

f/^;'7^ '°"''P°- by the authority of the same, That Richard Warren,
Samuel F. Barry and Thomas B. Park, their asso-
ciates and successors, are hereby constituted a cor-
poration by the name of the Belvidere Woollen
Manufacturing Company, for the purpose of manu-
facturing woollen goods in the town of Tewksbury,
in the county of Middlesex, and for this purpose
shall have all the powers and privileges, and be sub-
ject to all the duties and requirements contained in
the fifty-third chapter of the statutes of the year
eighteen hundred and twenty-nine, being the act
entitled " an act defining the general powers and
duties of manufacturing corporations."

Real and person. Sec. 2. Bc it furthcT cnactcd, That said corpo-

al estate. "^ '

ration 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
forty thousand dollars, and of personal estate not
exceeding the value of eighty thousand dollars.

[Approved by the Governor, March 28, 1834.]

CAMBRIDGE BANK. March 2S, 1834. 169

CHAP. CXXXIV.

An Act to reduce the Capital Stock of the Cam-
bridge Bank.

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 CapUai stock re-
first day of April next, the capital stock of the Cam-
bridge Bank shall be, and the same is hereby re-
duced, from one hundred and fifty thousand, to one
hundred thousand dollars, and that, from and after
that time, all the rights, duties and liabilities of said
corporation, as granted, allowed or prescribed in and
by the charter thereof, and by the several laws of
the Commonwealth made for the regulation of banks
and banking, shall have relation to, and be governed
by said reduced capital of one hundred thousand
dollars. Provided, however, that the difference be- Proviso.
tween the present, and the reduced capital afore-
said, or any part thereof, shall not be paid over to
the stockholders, unless there shall remain in said
bank funds sufficient in money and good securities,
including the real estate of said corporation, to pay
all existing debts due from it, over and above the
said capital of one hundred thousand dollars. And
the directors of said bank for the time being, re-
spectively, shall be held responsible in their indi-
vidual capacities, to any creditor of said bank, for
any loss or damage occasioned by any violation of
this proviso, to which such directors or director may

170 CHARLESTOWN IN. SCH. iliarc/i 28, 1834.

have assented, and said directors, for security to
themselves, and all persons interested, maj retain in
deposite in said bank, all, or any part of the present
capital stock which may be reimbursable to the
stockholders by this act, for a period not exceeding
ninety days from said first day of April.

[Approved by the Governor, March 28, 1834.]

CHAP. CXXXV.

An Act to incorporate the Charlestown Infant
School Society.

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

Persons incorpo by the authority of the Same, That Catherine Walker,
Maria T. Jackson, Elizabeth T. Hurd, and Ann L.
Holden, their associates and successors, are hereby
made a corporation, by the name of " the Charles-
town Infant School Society," for the purpose of
receiving and educating children preparatory to their
entering the public schools, with all the powers and
privileges, and subject to all the liabilities and re-
quirements contained in the statute of one thousand
eight hundred and thirty-three, chapter eighty-third ;

Real and person, vvith power also to hold real and personal estate to

al estate. * _

an amount not exceeding ten thousand dollars, to be
appropriated exclusively to the purposes aforesaid.

[Approved by the Governor, March 28, 1834.]

POCASSET IRON CO. March2^, 1834. 171

CHAP. CXXXVI.

An Act in addition to an Act incorporating the Po-
casset Iron 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 the Pocasset Iron Real estate.
Company are hereby empowered to hold any real
estate, not exceeding in the whole the value of
eighty thousand dollars.

Sec. 2. Be it further enacted. That the stock of Number of

^ ' shares.

the said corporation may be divided into such num-
ber of shares as the stockholders, at their first meet-
ing, shall prescribe.

[Approved by the Governor, March 28, 1834.]

CHAP. CXXXVII.

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

Sec. 1. I^Yj it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That in case any rail Powers of mayor
road corporation has taken, or shall take any land
or other property within the city of Boston, for

172f RAIL ROAD CORPORATIONS. Mzrc/i 28, 1834.

their rail road, or for the proper construction and
security thereof, and the said corporation shall be
unable to obtain the said land or other property by
voluntary agreement with the owner or owners
thereof, the mayor and aldermen of said city shall
have all the powers of the county commissioners in
other counties in similar cases, and the same pro-
ceedings shall be had before the said mayor and
aldermen, for the purpose of ascertaining, securing
and obtaining payment of said damages, and sub-
ject to the same limitations, as before the said
county commissioners. And in case either party is
dissatisfied with the estimate of damages thus made
by said mayor and aldermen, he, she, or they may
apply for a jury upon this subject, to the court of
common pleas, next to be holden within the county
of Suffolk, after the said estimate is made known
to the parties, whereupon the same proceedings
shall be had as in case of estimating and enforcing
payment of damages for laying out streets within
the said city.
SlKyorand" Sec. 2. Be it further enacted, That the filing,
aldermen. \\i\x\i tho mayor and aldermen of said city, of the

location of the parts of any rail road, or any varia-
tions thereof, lying within said city, shall have the
same effect as the filing thereof with the county
commissioners in other counties.
Actnottoimpmr §£€. 3. Bs it further enacted. That nothing
tion now existing, herciu Contained shall be construed to impair any
right of action now existing in any persons or cor-
porations, or to confer on any rail road corporation
any right or authority not heretofore granted.

[Approved by the Governor, March 28, 1834.]

FOXBORO' & WALPOLE. March2S, 1834. 173

CHAP. CXXXVIII.

An Act in addition to "An Act to set off a part of
the town of Foxborough, and annex the same to
Walpole."

Be it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That all the land, with Boundary line.
the inhabitants thereon, lying northerly of a line
running from the corner of Silas Smith's wood-
land, in said act mentioned, thence running west
by the needle, without allowing for a variation
thereof, until it intersects the line between the
said two towns, at a road running from the Nor-
folk and Bristol turnpike, near the house of the
heirs of Stephen Fuller, to Wrentham, be, and the
same hereby is set off from the town of Foxbo-
rough, and annexed to the said town of Walpole,
subject to all the conditions and provisions in the
act to which this is in addition.

[Approved by the Governor, March 28, 1834.]

174 WATCHES AND WARDS. March 2S, 1834.

CHAP. CXXXIX.

An Act to amend an Act for keeping Watches and
Wards in towns, and for preventing disorders in
streets and public places.

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

TcTlepeaied!""^'^ by the authority of the same, That so much of the
fourth section of the eighty-second chapter of the
statutes of the year one thousand seven hundred
and ninety-six as provides that every watchman
shall carry a staff, with a bill fastened thereon, is
hereby repealed.

S^^e eSped."^ Sec. 2. Be it further enacted, That all watch-
men hereafter appointed by virtue of said statute,
shall be equipped in such manner as the mayor and
aldermen of the city of Boston, and the selectmen
of the several towns, shall respectively appoint and
determine.

[Approved by the Governor, March 28, 1834.]

BROOKLINE MEET. HOUSE. March 28, 1834. 175

CHAP. CXL.

An Act to authorize the First Parish in Brookline
to tax the Pews in their Meeting-house.

Sec. 1. X>E it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That the First Parish Pa"^^ authonz-

•^ ^ t/ ' ed to assess.

in Brookline is hereby authorized to assess any
sum or sums of money, which shall hereafter be
voted by said parish to be raised for the support of
publick worship and other parochial charges, upon
the pews in the meeting-house of said parish, ac-
cording to the relative value of said pews as ap-
praised in the year eighteen hundred and six, by a
committee appointed for that purpose, as recorded
in said parish records : provided, however, that no
pew now owned by any person who is a member
of any other religious society shall be subject to a
tax for the support of a minister or ministers in
said parish, except with his or her own consent.

Sec. 2. Be it further enacted, That if any pro- Neglecting to

I ^^y assessment.

prietor of a pew neglect to pay his or her assess-
ment, for the space of sixty days after such assess-
ment, is payable, the treasurer shall advertise the
pew of such delinquent for the space of six weeks,
by posting a notice at said meeting-house, and two
other public places in said town, stating the time,
place, and cause of sale, and if all arrears shall not
then be paid, he shall sell the same at auction to
the highest bidder, and after deducting all sums

176 PICKEREL. March 28, 1834.

due, with costs of sale and charges of conveyance,
shall pay over the balance, if any, to the owner.

Sec. 3. Be it further enacted, That this act
shall not go into operation until the consent of all
the owners of pews who are members of said par-
ish, shall be first obtained to the provisions of the
same.

[Approved by the Governor, March 28, 1834.]

CHAP. CXLI.

An Act concerning Pickerel.

Jl>E it enacted by the Senate and House
of Representatives, in General Court assembled, and
Chapter repeal- by the authority of the same, That the forty-fifth
chapter of the statutes of eighteen hundred and
eighteen, entitled " an Act to prevent the destruc-
tion of pickerel in the ponds and streams within
this Commonwealth," and the several acts in addi-
tion thereto, are hereby repealed.

ed.

[Approved by the Governor, March 28, 1834.]

LECHMERE GLASS CO. March 2S, 1834. 177

CHAP. CXLII.

An Act authorizing Sheriffs and others to Adminis-
ter Oaths in certain cases.

-DE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That in all cases oaths to jurors,
wherein a jury shall hereafter be empannelled by
law for the purpose of assessing damages occasioned
by the location of roads, canals, railways, or by flow-
ing of lands, the sheriff or coroner attending such
jury, or the person appointed by the court to pre-
side at the trial before such jury, are hereby respect-
ively authorized to administer, to the jurors and
witnesses, all such oaths or affirmations as may be
necessary upon such trial.

[Approved by the Governor, March 28, 1834.]

CHAP. CXLIII.

An Act to incorporate the Lechmere Glass
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 Ralph Saiith, Persons incorpo-

_ o -J I ratedi

Lemuel P. Grosvenor, Andrew T. Hall, George

178 E. BOSTON TIMBER CO. March 28, 1834.

Bond, and Edmund Munroe, their associates and
successors, are hereby made a corporation by the
name of the " Lechmere Glass Company," for the
purpose of manufacturing glass in the town of
Cambridge, in the county of Middlesex, and for this
purpose, shall have ail the powers and privileges,
and be subject to all the duties and requirements
contained in the fifty-third chapter of the statutes
of the year eighteen hundred twenty-nine, entitled
<' an act defining the general powers and duties of
manufacturing corporations."
Estate. Sec. 2. Be it further enacted, That said corpo-

ration may be lawfully seized and possessed of
such real estate, not exceeding fifty thousand dol-
lars in value, and such personal estate not exceed-
ing one hundred thousand dollars in value, as may
be necessary and convenient for the purpose afore-
said.

[Approved by the Governor, March 28, 1834.]

CHAP. CXLIV.

An Act to incorporate the East Boston Timber
Company.

Sec. 1. x3e z7 enacted by the Senate and House
of Representatives, in General Court assembled, and
Persons incorpo- 5y (hs authorittj of the same. That James W. Paige,
Francis J. Oliver, and Gideon Barstow, their asso-
ciates and successors, are hereby made a corporation
by the name of the East Boston Timber Company,

E. BOSTON TIMBER CO. March 28, 1834. 179

for the purpose of sawing and preparing at East Bos-
ton, by steam or water power, or ottierwise, and of
vending, ship and other timber, plank, boards, staves,
joist, scantling, and all and every other article pre-
pared and manufactured from wood, and shall have
all the powers and privileges, and be subject to all
the duties and requirements contained in the fifty-
third chapter of the statutes of the year eighteen
hundred twenty-nine, entitled " an act defining the
general powers and duties of manufacturing cor-
porations."

Sec. 2. Be it further enacted, That said corpo- Real and persou-
ration may lawfully hold and manag-e such real es-
tate, not exceeding seventy-five thousand dollars in
value, and such personal estate not exceeding sev-
enty-five thousand dollars in value, as may be ne-
cessary and convenient for the purposes aforesaid.

[Approved by the Governor, March 28, 1834.]

CHAP. CXLV.

An Act in further addition to " An Act providing
for the government and regulation of the State
Prison."

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 Salary increased.
the first day of April next, the inspectors and war-
den of the state prison may allow, to the superin-
tendent of the stone department at the state prison,

180 BERK. COTTON MAN. CO. March 28, 1834.

an addition to his present salary, of a sum not ex-
ceeding three hundred dollars a year, when, in their
opinion, the interest of the institution may require it.
Rations. Sec. 2. Be it further enacted, That the warden

of the state prison may furnish fish for the convicts,
instead of the rations of beef as now provided by
law, one day in each week, when, in his opinion,
the health of the convicts will be thereby promoted.

[Approved by the Governor, March 28, 1 834.]

CHAP. CXLVI.

An Act to incorporate the Berkshire Cotton Man-
ufacturing Company.

Sec. 1. JjE t7 enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That Henry C. Brown,

Persons incorpo- •/ ^ ^ ^

rated. David Carson, Theodore Hinsdale, their associates

and successors, are hereby made a corporation by
the name of the Berkshire Cotton Manufacturing
Company, for the purpose of manufacturing cotton
in the town of Pittsfield, 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 the fifty-third chapter of
the statutes of the year eighteen hundred twenty-
nine, entitled " an act defining the general powers
and duties of manufacturing corporations."

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

Keal and person- J '

ai estate. poratlou may be lawfully seized and possessed of

PICKLED FISH. March 2S, 1834. 181

«nch real estate not exceeding the value of sixty
thousand dollars, and such personal estate not ex-
ceeding in value the sum of sixty-thousand dollars,
as may be necessary and convenient for the pur-
poses aforesaid.

[Approved by the Governor, March 28, 1834.]

CHAP. CXLVII.

An Act in addition to the several Acts regulating
the Inspection of Pickled Fish.

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 inspector Relating to

. . branding- casks.

general, or his deputies, shall not be required to
brand upon the casks in which mackerel may here-
after be packed, the ow^ner's name, nor the word
" cargo."

Sec. 2. Be it further enacted. That the second ^cTnepeaieT
and fifth sections of an act passed March fourteenth,
one thousand eight hundred and fhirty-one, entitled
" an act in addition to the several acts regulating
the inspection of pickled fi^ih," are hereby repealed.

Sec. 3. Be it further enacted. That the inspector inspectors to

, 1 . , - I 1 1 1 1 1 brand upon all

general, or his deputies, shall brand upon every cask casks inspected
of mackerel inspected by him or them, the year in Kfcll the same
which the same i^ packed; and upon all No. 3 '^P^^ked,&c.
mackerel, thai are usually denominated southern,
or Block Isla/id mackerel, and all others of a similar
quality and description, the word " south ;" and

182 TAXES. iWarcA 28, 1834.

uoon all other No. 3 mackerel, the word " north."
Providfd, however, that the inspectors shall receive
no additional compensation therefor.
Duties of inspec g^^^ ^ Be it further enacted, That it shall be
the duty of the inspector general, or his deputies,
when mackerel are presented to him or them for
inspection, to select those of the best quality, and
such as are fit for family use, for No. 1 ; those of
the next best quality, being fat, free from damage,
of suitable size, and not cut or mutilated in any
manner for the purpose of deception, for No. 2 ;
and all others for No. 3, and to brand the casks in
which they are packed, accordingly.
w?h ihraifre- ^^^' ^' ^^ U furtkcr euocted, That all acts or
pealed. parts of acts inconsistent with the provisions of this

act, are hereby repealed.

[Approved by the Governor, March 28, 1834.]

CHAP. CXLVllI.

An Act in addition to " An Act concernmg the Col-
lection of Taxes."

XjE it enacted by the Senate and House
of Representatives, in General Court assembled, and
Relating to act of by the authority of the same^ That nothing contained
in the statute of eighteen hundred and thirty-one,
chapter sixty-fourth, entitled ' an act concerning
the collection of taxes," shall be construed to take
away or impair the authority of any town or city
treasurer, who may be also chosen collector of taxes,

WHARF IN DORCHESTER. March 28, 1834. 183

to issue a warrant of distress against persons delin-
quent in the payment of taxes, according lo the
provisions of the statutes giving that authority to
such treasurer.

[Approved by the Governor, March 28, 1834.]

CHAP. CXLIX.

An Act authorizing the Proprietors of a certain
Wharf at Commercial Point, in the town of Dor-
chester, to extend the same.

xSE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That Elisha Preston, Persons incorpo-
and Charles O. Whitmore, of Dorchester, in the
county of Norfolk, Josiah Sticknej, Nathaniel
Thayer, Jr., and Israel Lombard, of Boston, in the
county of Suffolk, together with their successors
and assigns, are hereby authorized to extend and
maintain their wharf in the town of Dorchester
aforesaid, into the harbor channel, in a southerly
and easterly direction, one hundred feet from the
end of their said wharf; and that they shall have
and enjoy the right and privilege of using and
occupying the flats adjacent to said wharf, when so
extended, at the end and at the sides thereof, in
the same manner in which they have hitherto occu-
pied and enjoyed the flats adjoining said wharf as
it now is : provided, that nothing in this act con-

184 LUNATIC HOSPITAL. March 28, 1834.

tained shall in any wise impair or interfere with
the private rights of any other person or persons
whomsoever.

[Approved hy the Governor, March 28, 1834.]

tees

CHAP. CL.

An Act concerning the State Lunatic Hospital.

Sec. L J3e it enacted by the Senate and House
of Representatives, in General Court assembled, and
Board of trus- by thc authority of tkc same, That the government
of the State Lunatic Hospital, at Worcester, shall
be vested in a board of five trustees, to be nomi-
nated by the governor, and appointed, with the
advice and consent of the council, whose duty it
shall be to take charge of the general interests of
the institution, and to see that its affairs are con-
ducted according to the requirements of the legis-
lature, and the by-laws and regulations which the
trustees shall establish, from time to time, for the
internal government and economy of the institu-
tion. The trustees shall appoint a superintendent,
who shall always be a physician, constantly resi-
dent at the hospital, and a treasurer, who shall
give bonds in such sum, and with such sureties, as
the trustees shall judge proper, for the faithful dis-
charge 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 eco-

LUNATIC HOSPITAL. Marc/t 28, 1 834. 185

nomically, the business of the institution. The
salaries of all the officers shall be determined by
the trustees, to be approved by the governor and
council ; and all appointments by the trustees shall
be made in such manner, with such restrictions,
and for such terms of time, as the by-laws may
prescribe.

Sec. 2. Be it further enacted, That there shall J'jfifj^^f ^''®
be thorough visitations of the hospital, once in
each month, by one or more of the board ; semi-
annually by a majority; 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,
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 the first week of the session of the legisla-
ture, for the use of the government, exhibiting a
particular statement of the condition of the hos-
pital, and of all its concerns. The treasurer shall,
at the same time, present to the governor and
council his annual report of the finances of the
institution ; both of which reports shall be made
up to the thirtieth day of November, inclusive.

Sec. 3. Be it further enacted, That the judges Judgesofpro-

^ bate and judge

of probate in the several counties of the Common- of municipal

i.* C r court authorized

wealth, except Suffolk, and in the county oi feul- to commit luna-

* tics u^C

folk, th e judge of the municipal court, are author-
ized to commit to said hospital any lunatic, who,
in their opinion, is so furiousl; mad as to render it
manifestly dangerous to the peace and safety of
the community, that such lunatic should continue
at large. And all hinatics ordered to be confined
by the proper judicial tribunals, by virtue of the
24

186 LUNATIC HOSPITAL. March 2S, US4>.

twenty-eighth chapter of the statutes of one thou-
sand eight hundred and sixteen, shall be committed
to the custody of the superintendent of said hos-
pital. And no tribunal, other than the judicial
officers herein mentioned, shall have power to
order the commitment of any lunatic to said hos-
pital. And the person or persons applyitig for the
commitment of any lunatic under the provisions of
this section, shall first give notice in writing to the
selectmen, or either of them, of the town, or to the
major of the city, where such lunatic resides, of
the intention so to apply ; and satisfactory evi-
dence that such notice has been given shall be
furnished to said judges, at the time of the appli-
cation as aforesaid.
Trustees ap- Sec. 4. Be it furthcr enacted, That two trustees

pointed annually. . ,. • • i n i r- i

shall be appointed annually ; and lor that purpose,
the places of the two senior trustees, as they stand
arranged in their commissions, shall be annually
vacated, and they shall not be again eligible until
the expiration of one year from the time when their
places are so vacated. And the trustees shall
receive compensation for all expenses incurred in
the discharge of their official duties.

Slc. 5. Be it further enacted, That town pauper

Town paupers . "^ . * /

may be com- lunatics may be committed to, and kept at the nos-

mitted, &c. • . i r • ^■ \ i

pital, tor a sum, in no case exceeding the actual
expense incurred in their support. And as a bounty
upon human<^ efforts for the prompt relief of ooor
patients, whether supported by any town or city,
or not, recently attacked by insanity, the trustees
are authorized to receive such patients, at their
discretion, for a less sum tinan the actual cost of
their support.

Sec. 6. Be it further enacted, That any two of

LUNATIC HOSPITAL. March 2S, 1834. 187

the trustees, or either of the justices of the su- Justices o[«"-

' '' preme judicial

preme iudicial court, or of the court of common coun and murt

r J ' o( common pleas

pleas, at any term of said courts, holden within may discharge

r ' •' any lunaiic, tfcc.

and for the county of Worcester, may discharge
from confinement any lunatic committed to the
hospital by judicial authority, after the cause of ^

such confinement shall have ceased to exist, appli-
cation being made therefor in writing. And a
majority of the trustees shall have authority to
remove to the town or city where they were resi-
dent at the time of the application for their com-
mitment, and at the expense of such town or city
respectively, any idiot, or other person, whom said
trustees shall adjudge to be not dangerous, within
the meaning of the law, and not susceptible of
mental improvement by remedial treatment at the
hospital. Provided, that such town or city do not,
after reasonable notice, in writing, from the treasu-
rer, take upon itself the removal of such idiot or
other person as aforesaid. And the tribunals and
magistrates having power to order commitments
to the hospital, shall, in the order of commitment,
certify the name of the town or city in which the
person committed may reside at the time of the
application for such commitment, and such certifi-
cate shall be conclusive evidence of the fact.

Sec. 7. Be it further enacted, That the accounts Accounts, by
of the hospital, for the support of all patients com- '^''°'"p^"^'
mitted thereto, in all cases where other and ample
security is not taken, satisfactory to the trustees,
shall be regularly charged to, and shall be paid by
the town or city whnre the patient resided at the
time of the application for commitment. And when
any town or city shall neglect or refuse to pay what-
ever sum may be charged and due for the support of

188 LUNATIC HOSPITAL. Marc^ 28, 1834.

any patient at the hospital, according to the by-
laws, or shall be due for the removal of such pa-
tient as aforesaid, for the space of thirty days after
the same shall have been demanded by the treas-
urer, in vi^riting, of the selectmen of the town, or
of the mayor and aldermen of the city liable there-
for, the trustees shall be entitled to an action on
the case, to be commenced and prosecuted in the
name of the treasurer, to recover such sums against
such delinquent town or city, respectively, and the
declaration therein shall be in a general indebita-
tus assumpsit, and judgment shall be recovered for
such sum as shall be found due, with legal interest
from the time of demanding the same, and costs.
And such town or city shall have the same rights
and remedies against all corporations and persons,
to recover such expense of supporting and remov-
ing any pauper lunatic, as if such expense had
been incurred by said town or city, in the ordinary
support of such lunatic.
Gaolers not to Sec. 8. Beit further enacted, That no keeper

make private ^ _ '

contract for the of auy gaol Or house of correction shall hereafter

support of any •' ^

town pauper lu- niakc any private contract for the custody and

natic. J V J

support of any town pauper lunatic, within the
county buildings, without the consent and appro-
bation in writing, of the mayor and aldermen of
the city of Boston, or of the county commissioners
of the respective counties, under a penalty of not
less than one hundred dollars, to be recovered by
indictment in any court of competent jurisdiction,
for the use of the Commonwealth.
SpaupeHunl- ^^0. 9. Be it furthcr euacted. That no pauper
^c^swuhciothiDg, lunatic shall be allowed to leave the hospital with-
out suitable clothing, which the trustees arc au-
thorized to furnish, at their discretion, together

LUNATIC HOSPITAL. March 2S, IS34>. 189

with such amount of money as they may think
proper and necessary, not exceeding twenty dol-
lars.

Sec. 10. Be it further enacted, That the board ^oardj^nmstees
of trustees, for the time being, may receive any grants, &c.
grants or devises of lands and tenements, and any
donations or bequests of money or other property,
in trust for the Commonwealth, to be used and im-
proved for the maintenance of insane persons and
for the benefit of the institution.

Sec. 11. Be it further enacted, That, for all the P^rts of former

'^ ' ' acts repealed.

purposes contemplated in this act, except where
otherwise provided, the year shall commence on
the first Wednesday of February. And the third
section of the sixty-second chaper of the statutes
of one thousand seven hundred and ninety-seven,
the one hundred and sixty-third chapter of the
statutes of one thousand eight hundred and thirty-
two, and the first and ninety-fifth chapters of the
statutes of one thousand eight hundred and thirty-
three, are hereby repealed.

[Approved by the Governor, March 28, 1834.]

CHAP. CLI.

An Act for the Regulation of Gaols and Houses of
Correction.

Sec 1. Be i7 enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That there shall be

190 GAOLS & HOUSES COR. March 29, 1834.

Houses of Cor- erectcd or otherwise provided, by the county com-

rection to be es- . . c i^' r"^ i u

tabiished in eve- missioncrs in every county oi this Commonwealth,

ly county, &c. , , , i i i r i • c

and by the mayor and aldermen of the city ot
Boston, at the charge of such county and city, a
fit and convenient house or houses of correction,
(where such house is not already provided,) with
convenient yards, work shops, and other accom-
modations thereunto adjoining and belonging, to
be used and employed for the keeping, correcting
and setting to work of rogues, vagabonds, common
beggars, and other idle, disorderly, vicious, and
lewd persons. And the yards shall be laid out of
sufficient dimensions for the employment of the
persons confined therein, and enclosed by a fence
sufficiently high and strong to prevent escapes,
and all access to, or intercourse with the persons
confined therein, by any person from without the
prison yard. And until such house or houses of
correction be provided, the common jail in each
county may be used for that purpose. But all
such county jails shall be surrounded with such
yards and fences as are above described.
Master of house Sec. 2. Be it fuTiher encicted, That the county

of correction to . . . i i •

be appointed by commissiouers lu each county, and the city coun-

county commis- ., . , . in • i • -ii

sioners and city cil lu tlie City ot Boston, shall appoiut at their will

and pleasure a suitable person, to be master of such

County commis. housc of correctiou. They shall also establish

sioners to estab- J

dels™&c ^'^"'^ ^"^^ *^"^®^ ^"^ ^'^^^'"^ ("^' repugnant to the laws
of this Commonwealth,) as may be necessary for
the governing and punishing of the persons there
confined. And any justice of the peace, or of any
police court, or any court of common pleas, may
commit unto the said house, to be kept and gov-
erned according to the rules and orders thereof,
all rogues and vagabonds, and all idle persons go-

GAOLS & HOUSES COR. March29, 1834. 191

ing about in any town or place in the county beg-
ging, or persons using any subtle craft, juggling, or
unlawful games or plays, common pipers, fiddlers,
runaways, stubborn children, common drunkards,
common night-walkers, pilferers, wanton and las-
civious persons, in speech, conduct, or behavior,
common railers or brawlers, such as neglect their
callings or employment, mispend what they earn,
and do not provide for themselves or for the sup-
port of their families, upon conviction of any of
the offences or disorders aforesaid, complaint there-
of having been made in writing. And it shall be
the duty of the master of such house of correc-
tion, or the keeper of such gaol, to set to work all
such persons as shall be duly committed as afore-
said, (if they be able,) for such time as they may
continue in said house.

Sec. 3. Be it further enacted, That when any complaints to be
person shall be accused of any of the offences or before justice of
disorders described in the preceding section, or court.'
shall by virtue thereof, or of any law of this Com-
monwealth, be liable to be committed to the house
of correction in any county, or to the work house,
which is now, or hereafter may be, established in
any town or city : complaint shall be made in wri-
ting, under oath, to some justice of the peace, or
to some police court in the county wherein such
offence or disorder shall be committed ; and such
justice or court shall cause the party so complained
of, to be brought before him or them, by warrant
or otherwise, and if, upon an examination of the
matter set forth in the complaint, the allegations
therein shall be proved to be true, the person or
persons so convicted may be sentenced to be com-
mitted to the house of correction, or work house,

192 GAOLS & HOUSES COR. March 29, 1834.

or house of industry, as the case may be, within
the county, town or city, there to be put to hard
labor, according to the rules of such houses, for a
term not exceeding six months, and the party so
committed shall be liable to all the restraints and
Parties may ap- penalties authorized by this act. And the master
LTe'tie^sf ^'"^'"^ or overseer of such houses of correction, or work
houses, or house of industry, shall receive all such
persons into the same, and employ and govern
them in the manner provided by law, and the rules
aforesaid. And any party convicted and sentenced
as aforesaid, may, if he or she deny the charges,
and put himself or herself upon trial, appeal to the
next court of common pleas, within the same
county, or if in the county of Suffolk, to the next
municipal court therein, and have a trial by jury,
in due course of law, upon recognizing with suffi-
cient surety or sureties, in the court where he or
she shall be convicted, in such reasonable sum as
shall be ordered by such court, with condition that
he or she enter and prosecute the appeal in like
manner as other a[)peals from a justice of the
peace, or a police court, are entered and prosecu-
ted, and abide the sentence of the court appealed
to thereon, and in the mean time keep the peace,
and be of good behavior towards all the citizens of
the Commonwealth ; and the commission of the
like offence before judgment on the appeal, by the
principal in such recognizance, shall be taken to
be a breach of the recognizance.
Fees. Sec. 4. Be it further enacted, That justices of

the peace, officers, and witnesses, shall receive the
same fees for services in prosecuting any of the
breaches of this act, as are allowed for similar ser-
vices in other criminal complaints and proceedings.

GAOLS & HOUSES COK. March 29, 1834. 193

to be allowed and paid in the same manner. And
when any justice of the peace or court shall order
any person to give surety or sureties to keep the
peace, said justice or court shall have power to or-
der the party so prosecuted to pay the costs of
prosecution.

Sec. 5. Be it further enacted, That if any per- Magistrates,
son shall be found committing either of the offences m°ay apprehend

,. , ir* 1*1 ii'^i offenders and

or disorders beiore enumerated, m the public streets disorderly per-
or roads in the night time, such person may be ap- *°°^'
prehended by any magistrate, constable or watchman,
or by any citizen, by order of any such officers and
kept in custody in any convenient place, for the
space of twenty-four hours ; at or before the expi-
ration of which time, such persons shall be carried
before a justice of the peace or the police court, as
the case may be, and there proceeded against as is
provided in the foregoing section, or discharged as
the said justice or court shall determine.

Sec. 6. Be it further enacted, That the county Appointment of

. . . ^ overseers, their

commissioners m their respective counties, and the powers, duties,
city council of the city of Boston, are hereby em-
powered to appoint two or more, not exceeding
five, suitable and discreet freeholders of their county
or city, to be overseers of such house, who shall
see that the rules established by the county com-
missioners or city council, for the government of
the house, and the persons therein confined are
duly observed, and also examine the accounts of the
keeper, with respect to the earnings of the prison-
ers and the expense of the institution ; and they
shall keep a register of all their proceedings fairly
written. They shall have power to make contracts
for work to be done in the house, with any person
disposed to supply the materials, and to make con-
25

194

GAOLS & HOUSES COR.

March 29, 1834.

County commis-
sioners and city
council may
remove over-
seers, &c.

Overseers may
discharge per-
sons from con-
finement, &.C.

Materials for
keeping prison-
ers at work, how
provided.

tracts for letting out any of the persons confined, to
eniplojers living, in the estimation of the overseers,
conveniently near to the house of correction for the
overseers or the master of the house to have the
general inspection of the persons so let out and of
the treatment they receive- And the overseers shall
receive such reasonable compensation as the county
commissioners or city council shall allow.

Sec. 7. Be it further enacted, That said county
commissioners and city council, respectively, may
remove any of the overseers, and fill all vacan-
cies. They shall also, at least semi-annually, in-
quire into the state of the gaol and the houses of
correction, and examine the register and accounts
of the overseers, masters and keepers, and make
such further rules in regard to the treatment and
government of the prisoners, as they shall judge
necessary or proper.

Sec. 8. Be it further enacted, That whenever it
shall appear to the majority of the overseers of any
house of correction, or work-house, or house of
industry, that any person therein confined for either
of the offences herein enumerated has reformed,
and is willing to return to an orderly course of life,
the overseers may discharge such person from con-
finement ; but if the person so discharged shall after-
wards be guilty of any of the offences or disorders
aforesaid, the justice or court before whom the
second conviction shall be had, rpay sentence such
person to hard labor in the house of correction, or
work-house, or house of industry as aforesaid, for a
term not exceeding one year.

Sec. 9. Be it further enacted, That the county
commissioners in their respective counties, and the
overseers of the house of correction in the city of

GAOLS & HOUSES COR. March 29, 1884. 195

Boston, shall provide, at the expense of their coun-
ties, suitable materials, sufficient at all times to
keep at work such as are or may be committed to
the house of correction by force of any laws of this
Commonwealth ; and shall, from time to time, es-
tablish all necessary rules for the employment of
the persons so committed, the procurement and
preservation of said materials, the keeping and
settling of accounts of the expense and costs of such
materials, and of the labor performed by the per-
sons committed to the said house. And the keeper
of the said house shall receive such further com-
^pensation over and above the price which may be
allowed him for the board of those who may be
committed to his custody, as the said county com-
missioners or city council shall deem adequate.

Sec. 10. Be it further enacted, That whenever sums due to

•^ ' keepers for sup-

any sum shall be due to the keeper of a house of p"^^'"^!^"^^^^"
correction, for the care and expense of supporting recovered.
and employing any person committed as aforesaid,
which shall have been allowed and duly certified
by the overseers, he shall have a right to demand
and recover the same of such person, or of his
parent, master or kindred, who may be liable by
law to maintain him, or of the city, town, or dis-
trict wherein he is lawfully settled, the net profit,
if any, of the labor of such person being deducted :
and if such person, parent, master, kindred, city,
town or district, shall refuse or neglect to pay
such sum for the space of fourteen days after the
same shall have been demanded in writing, of him
or them respectively, or of one of the members of
the city council of Boston, or of the selectmen of
the town or district, the said keeper shall be enti-
tled to an action of the case to recover such sum

196 GAOLS & HOUSES COR. March 29, 1834.

against the person so committed, or his parent,
kindred or master, if any he have, liable to main-
tain him, or against the city, town or district in
which he is legally settled, in case he has not suffi-
cient estate, nor master or kindred who are able or
obliged by law to maintain him, and may declare
therein in a general indehitatus assumpsit, and re-
cover judgment for such sum as shall be found due
with legal interest from the time of demand and
costs : provided, that such action shall be com-
menced within two years from the cause thereof
accruing.
Duties of keeper. gj,^^ j j^ ^^ -^ further euactcd, That it shall be^

the duty of the keepers of the several gaols and
houses of correction, to see that the buildings are
constantly kept in as cleanly and healthful a con-
dition as is practicable, and to cause the whole of
the interior, including the floors, to be thoroughly
whitewashed with lime, at least twice in each year,
and the walls and floors of each room, when any
person shall be confined therein, shall be so white-
washed once each month, between the first day of
May and the first day of November, in each year,
at the expense of the county. No permanent vault
shall be allowed to be used in any apartment, or in
any part of any gaol or house of correctian, and
where the same now exists, such vault shall be se-
curely closed up. Every room occupied in either
of said buildings shall be furnished with a suitable
bucket, with a cover made to shut tight, for the
necessary accommodation of the prisoner, which
bucket shall be emptied daily, and constantly kept
in good order. The keepers shall also see that
strict attention is paid to the personal cleanliness of
the prisoners, as far as may be, and for this purpose

GAOLS & HOUSES COR. March 29, 1834. 1^

shall cause the shirt of each prisoner to be washed,
and himself to be shaved at least once each week ;
each prisoner to be furnished daily with so much
clean water as he have occasion for, either as drink,
or for the purpose of keeping his person clean, and
each week with a clean towel ; but no prisoner shall
be allowed to wash his or her clothes in any room
which shall be occupied during the night. All
prisoners shall be served with their food, well cooked,
in good order, and in sufficient quantity, three times
each day.

Sec. 12. Be it further enacted, That the keep- Keepers to fur-
or of each gaol, and the master of each house of cor-
rection, shall furnish necessary fuel, bedding and
clothing, for all prisoners unable to support them-
selves, who are in custody, upon charge or convic-
tion of crimes or offences against the Common-
wealth, or on mesne process, or execution, at the
expense of the county where said gaol may be situ-
ated, and the charges therefor shall be allowed in
manner following. Said gaol keeper or master of
the house of correction shall render to the county
commissioners of the county, or to the city council,
as the case may be, an account of the charges for
said fuel, bedding, clothing, and for the necessary
furniture for the prison ; and said commissioners, or
city council, shall make a- reasonable allowance
therefor to said keeper or master, to be paid out of
the county treasury.

Sec. 13. Be it further enacted, That, if any per- Punishment for

f. 1 . ,1 /. . injuring any fur-

son confined m any gaol or house or correction, upon uiture, &c.
charge or conviction of any crime or offence against
the Commonwealth, shall be unruly or disorderly,
or shall wantonly injure or destroy any article of
bedding, furniture, or the windows of the gaol or

198 GAOLS & HOUSES COR. March 29, 1834.

house of correction, the sheriff of the county where
such gaol may be, or the overseers of such house of
correction, after due inquiry into the circumstances
of the case, may order such prisoner to be kept in
solitary confinement, not exceeding ten days for each
offence, and to be fed with bread and water only,
unless other food be necessary for the preservation
of his or her health. And if any person confined on
mesne process or execution, in any such gaol, shall
be guilty of either of the offences in this section
mentioned, and be convicted thereof before any jus-
tice of the peace, or a police court, on complaint
made by the keeper of said gaol, said justice or po-
lice court may order the same punishment of solitary
imprisonment, and bread and water, as above provi-
ded : but nothing herein contained shall be construed
to take from the keeper of the gaol or house of cor-
rection the authority which by law is vested in him
to preserve order therein, and strict discipline among
the prisoners.
ufb^execuTid.'^ ^^^- ^^' ^^ it further enacted, That whenever
any person, convicted of any crime or offence what-
ever, shall be duly sentenced therefor to solitary im-
prisonment and confinement to hard labor, for a term
not exceeding three years, such convict not having
been before sentenced to a like punishmeiYt by any
court of this, or any other of the United States, the
court before whom conviction shall be had, may in
their discretion order the sentence to be executed in
the common gaol or house of correction of the coun-
ty in which the offence shall have been committed.
And the keeper of such gaol or house of correction,
is hereby required to execute such sentence of soli-
tary imprisonment by confining the convict in one of
the cells of the gaols or house of correction, if there

GAOLS & HOUSES COR. March 29, 1834. 199

be any such, and if there be not, then in the most re-
tired and solitary part of the prison or house of cor-
rection ; and during the time of such solitary con-
finement, the convict shall be fed with bread and
water only, unless other food shall be necessary for
the preservation of his or her health ; and no inter-
course shall be allowed with such convict except for
the conveyance of food, and other necessary purpo-
ses. And if any convict sentenced as aforesaid shall Punishment for

•/ escaping from

escape from prison, and shall be duly convicted of p"^°"' *'*^-
such escape, before any court competent to try the
same, he shall be punished by confinement to hard
labor within the precincts of the state prison in
Charlestown, in the county of Middlesex, for the re-
mainder of the term for which he was originally sen-
tenced, and shall also be further punished for such
escape by solitary imprisonment not exceeding ten
days, and by confinement afterwards to hard labor
for a term not exceeding three years, within the pre-
cincts of the state prison aforesaid. And if any
other convict shall escape from any gaol or house of
correction, and shall be duly convicted of such es-
cape before any court competent to try the same, he
or she shall be punished by confinement to hard la-
bor in the house of corrrection, in the county in
which such prison is situated, for the remainder of
the term for which he or she was originally sentenced,
and shall also be further punished for such escape,
by solitary imprisonment not exceeding ten days, and
by confinement afterwards to hard labor in the
house of correction for a term not exceeding one year.

Sec. 16. Be it further enacted, That the keeper J^nvK^th™''*'
of the gaol or house of correction, to which such ^°'^' "materials,
convict shall be committed, shall, after the expiration
of the term of solitary imprisonment, furnish the con-

^^ GAOLS & HOUSES COR. March 29, 1834.

vict with tools and materials to work with in any
suitable manner in which his or her time can be use-
fully or profitably employed, either in the gaol or
house of correction, or within the close yard thereof,
in the day time ; and such convict may, if necessary,
be confined with a log and chain, or in such other
manner as shall prevent his or her escape, without
unnecessarily producing bodily pain or interrupting
his or her labor. And the sheriff or overseers of the
house of correction shall oversee the execution of all
- Keeper to make such sentcuces. Aud the keeper of each gaol and

semi-annual re- * "

turns. house of corrcctiou shall make semi-annual returns

respectively to the mayor and aldermen of the city
of Boston, or to the county commissioners of the
county in which such gaol or house of correction is
situated, setting forth the names and condition of all
persons in custody, and the manner in which they
have been treated and employed. And if any per-
son shall, during the time for which he or she is sen-
tenced to hard labor, refuse or neglect, without any
reasonable excuse therefor, to labor in any suitable
manner, when tools and materials for that purpose
are furnished as aforesaid, such convict shall, so long
as he or she shall so refuse or neglect to labor, be kept
in solitary imprisonment, and fed on bread and water
only, in the manner before provided.

Boys under 16 Sec. 16. Be H further euacted, That if any boy

years of age, and "^ ' J J

£ntenced"to^ ^^ undcr tho ago of sixteen years, shall be convicted
fi"^*^ •'^ <^°"^'=- of an offence for which the punishment may, by
law, be confinement to hard labor for a term not
exceeding three years, such convict not having
been before sentenced to a like punishment by any
court of this, or of any other of the United States,
or if any female shall be convicted of any offence
for which the punishment may by law be confine-

GAOLS & HOUSES COR. March 29, 1834. 201

inent to hard labor, such convict shall suff'er the
punishment of solitary imprisonment and confine-
ment to hard labor, if thereto sentenced, in the
common gaol or house of correction, in the manner
provided in this act. And the keeper of every Prisoners to be

, . 11 r • I 1 • furnished wilh

gaol or house of correction shall furnish each pris- biWes.
oner therein, who is capable and willing to read, with
a bible, at the expense of the county ; and shall also
permit any minister of the gospel who may be dis-
posed to aid in reforming the prisoners, and instruct-
ing them in their moral and religious duties, to have
access to them when in solitary imprisonment, and
at all times when not employed in labor, according
to the provisions of this act.

Sec. 17. Be it further enacted, That any person Persons convict-

'^ •' ' ed of any crime

convicted before the court of common pleas, a punishable in

' part or m whole

police court, or the municipal court of the city of V'mp"sonment,

* ' _ •' may be senteuc-

Boston, for any crime punishable in part or in ^^^ to house of

, , correction,

whole by imprisonment, may be sentenced by either
of said courts to imprisonment either in the com-
mon gaol or in the house of correction, at their
discretion, to be employed and kept at work there-
in, in the same manner as other persons committed
to said house. And either of said courts may sen-
tence any person convicted before them, respec-
tively, of an offence punishable in whole or in part
by fine, to pay such fine, with the costs of prosecu-
tion. And in case he or she do not pay the same
within ten days, that he or she be immediately
thereafter conveyed to the house of correction,
therein to be safely held, employed, and kept at
work, in the same manner as other persons com-
mitted to said house, for any term of time not ex-
ceeding six months.
26

202

GAOLS & HOUSES COR. March 29, 1834.

^^accoulu oHhe ^^c. 18. Be it further cuacted, That the keopei
pris"JnV&c. of every gaol or house of correction shall cause to
be kept a true account of the labor of every such
prisoner, and of the proceeds thereof, and of the
cost of the materials furnished to each prisoner,
and of all other expenses attending the execution
of this act ; and he shall also cause to be sold the
articles manufactured by the prisoners, or other
produce of their labor, and keep a like account of
the proceeds of such sales ; all which accounts
shall, from time to time, be presented to the mayor
and aldermen of the city, or to the county commis-
sioners of the county in which the gaol or house of
yiabor'^Trany corrcctiou is situatcd. And if, at the expiration of
fhan°sufficTem°[o ^hc tcmi for whlch any prisoner shall have been
thTmlieriabVur- scntcnced, it shall appear that the proceeds of his
To^ be' approp°r^ or hcr labor are more than sufficient to pay the cost
of the materials furnished, and for his or her main-
tenance in the gaol or house of correction, and for
all other charges for the confinement and employ-
ment of such prisoner, the residue shall be paid
over to such prisoner, for his or her own use.
Provided, however, that the overseers of such house
of correction, at any time during the confinement
of such prisoner, when it shall appear to them that
the proceeds of his or her labor are more than suf-
ficient for the purposes aforesaid, may order the
residue, or any part thereof, to be paid over to the
use of the family of such prisoner, if any he or she
have ; and in such case, the balance only of such
proceeds shall be paid to him or her, in manner
aforesaid. And all charges and expenses incurred
in maintaining and employing the convicts, except-
ing such as may be reimbursed by the proceeds of
their labor, shall be paid from the county treasury.

GAOLS & HOUSES COR. March 29, 1834. 203

the accounts of such gaoler or keeper of the house
of correction being first settled and allowed by the
mayor and aldermen of the city of Boston, or the
county commissioners of the county in which such
gaol or house of correction is situated : provided,
that not more than one dollar per week be allowed
for the support of any convict. And said. mayor
and aldermen, and said county commissioners, are
hereby authorized to issue their ouder for the pay-
ment of the same, on the county treasurer, accord-
ingly. And the said county treasurer shall bo
allowed the same in his account against the Com-
monwealth. And said mayor and aldermen, and Mayor and aider-

•' _ men and county

said county commissioners, are hereby authorized commissioners u

■' •' furnish gaoler

to order such sums as may, from time to time, be with funds to pro-

■' ' ' vide tools, &c.

necessary, to enable the gaoler or keeper of the
house of correction to provide the tools, materials,
or other articles required by this act, to be advanced
out of the treasury of the county in which the gaol
or house of correction is situated ; such gaoler or
keeper of the house of correction to be accountable,
in manner before mentioned, for the expenditure of
the same, and to pay into the county treasury the
amount of the sales and the proceeds from the la-
bor of the prisoners under his care : provided, hoio-
ever, that no allowance shall be made to the keeper
of the house of correction for the board of any
prisoner who shall have been committed to said
house by virtue of the provisions contained in the
second section of this act, if such prisoner is of suf-
ficient ability to support himself or herself, or has a
parent, master or kindred who are able and obliged
by law to maintain him or her, or has a legal settle-
ment in any city, town or district, in this Common-
wealth.

204 GAOLS & HOUSES COR. March29, 1834.

Prisoners com- gj,,.^ ;I9^ jg^ ^^ further enctcted, That it shall

mitled for debt, «/

from fek)ns''&r ^^ ^^® ^"^^ °^ cvcry gaolei' or prison keeper to
keep prisoners committed for deht apart from fel-
ons, convicts, and prisoners comniitted upon charge
of felony or other infamous crimes. And he shall
also keep all minors who are committed to prison
upon conviction or charge of any crime, separate
from those who are notorious offenders, or who
have been convicted more than once of any felony
or other infamous crime, as far as the construction
and state of their respective prisons will admit.
But it shall not be lawful for any gaoler or keeper
of a house of correction to allow two prisoners,
except debtors, to occupy the same room, except
for work, unless the crowded condition of the gaol
or house of correction shall require it, and in no
case shall a person charged with a crime be con-
fined with a convict, or a person charged or con-
victed of an infamous offence with a person charged
or convicted of an offence not infamous, except in
the work shop while at labor, or when assembled
for moral and religious instruction, at which times
no communication shall be allowed between the
prisoners of different classes.

Rations. Sec. 20. Be it further enacted^ That whenever

the county commissioners, or mayor and aldermen
of the city of Boston, in their respective counties,
shall direct specific rations or articles of food, soap,
fuel, or other necessaries, to be furnished for the
prisoners in any gaol or house of correction, by
the keeper thereof, and said keeper shall neglect
or refuse to furnish the same accordingly, or shall
wilfully, negligently, or unnecessarily cause, or
suffer prisoners of different descriptions to be con-
fined and kept together, in the gaol or house of

GAOLS & HOUSES COR. March 29, 1834. 205

correction under his care, contrary to the provis-
ions of this act ; or if said keeper of any gaol or
house of correction shall give, sell, or deliver, or
shall knowingly suffer to be given, sold or deliver-
ed to any person who has been committed to such
gaol or house of correction on mesne process or
execution, and who is supported by his or her cred-
itor, or to any person charged or convicted of any
crime or offence against the Commonwealth, or to
any other person, for the use of any prisoner. Penalty for suf-
any spirituous liquor, or mixed liquor, part of which JneMo^ui^ spir-
is spirituous, or any wine, cider, or strong beer, 2,"°"^ ''^"''"'
unless the physician who is authorized to at-
tend upon the sick in such prison, shall certify
in writing that the health of such prisoner requires
it, in which case he shall be allowed the quantity
prescribed, and no more ; said keeper of such gaol
or house of correction, shall for committing either
of the offences, the first time, forfeit the sum of
twenty-five dollars, to be recovered in an action
of debt, by any person who will sue for the same,
for his own use, in any court of common pleas in
the county, or by indictment in said court, in which
last case the forfeiture shall be for the use of the
county. And for committing either of said offen-
ces the second time, the keeper of such gaol or
house of correction shall forfeit the sum of fifty
dollars, to be recovered in the manner and to the
uses aforesaid, and shall also be removed from his
office, and be incapable of holding the office of
sheriff, deputy sheriff", gaoler, or keeper of the
house of correction, for the term of five years.

Sec. 21. Be it further enacted, That if any l^y^^l^tl^'
person shall have in his possession any spirituous JEelaXany"'^
liquor, or any mixed licjuor, part of which is spiritu- ^1"*"°"' '''^"°'"'

206 GAOLS & HOUSES COR. March 29, 1834.

ous, or any wine, cider, or strong beer, within the
precincts of any gaol or house of correction, in this
Commonwealth, with an intent to convey or deliver
the same, contrary to the provisions of this act, to
any prisoner confined therein, he shall forfeit and
pay for each offence a sum not less than five nor
more than ten dollars, with costs of prosecution, to
be recovered by complaint before any justice of the
peace or police court, of the same county, one moiety
thereof to the prosecutor, and the other moiety to the
use of the Commonwealth. And it shall not be law-
ful for any gaoler or keeper of any house of correc-
tion to be a seller or retailer of brandy, rum, gin,
whiskey or other ardent or distilled spirit, whether
he shall have obtained license therefor or otherwise.
Fomeractsre- g^,^^ 22. Be it further enacted, That the fifty
fourth chapter of the statutes of the year one thou-
sand seven hundred and eighty-seven, and the sev-
eral acts in addition thereto ; the one hundred and
forty -ninth chapter of the statutes of the year one
thousand eight hundred and seventeen ; the one
hundred and twenty-third chapter of the statutes of
the year one thousand eight hundred and eighteen,
and the several acts in addition thereto, and the one
hundred and forty-eighth chapter of the statutes of
the year one thousand eight hundred and twenty-
three, are hereby repealed : saving always, that all
acts, matters and things, done pursuant to said acts,
shall remain good and valid, and all officers or
agents, who have been appointed and employed
under the same, shall remain in their respective of-
fices and places until others are appointed and em-
ployed in their stead : provided, that if any person
has been guilty of a violation of any provision con-
tained in either of the acts above mentioned, he or

MILITIA. March 29, 1S3^. 207

she shall be liable to trial and punishment in the
same manner as if this act had not been passed.
And this act shall take effect on and after the first
day of April next.

[Approved by the Governor, March 29, 1834.]

CHAP. CLII.

An Act in addition to the several Acts for Regu-
lating, Governing, and Training the Militia of
this Commonwealth.

Sec. 1. -KE 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 Miiitiacom-

■*' . . . panies to be pa-

several acts for regulating, governing, and training radedonist

. * o' & &' ^ fci Tuesday of May

the militia of this Commonwealth, as requires that o°'y-
the commanding officers of the several companies
of the militia shall parade their respective compa-
nies for company discipline on any other day ex-
cept that of the annual inspection in May ; and so
much of said several acts as requires the selectmen
of the several towns to furnish blank cartridges, to
be used at the reviews, by the militia of their res-
pective towns ; and also so much of said several acts
as requires the commanding officers of divisions,
brigades, regiments, or separate battalions, to as-
semble, or order the assembling of their respective
commands, or any part thereof, for review and
inspection once in each year, are, so far as re-
spects the standing companies of infantry, hereby

208 MILITIA. . M?rc/i29, 1834.

repealed. And so much of the several acts afore-
said as requires the commanding officers of regi-
ments or separate battalions to assemble the offi-
cers, non-commissioned officers, and musicians of
their respective commands, for drill and practice
once in each year ; and so much thereof as pro-
vides for the repayment, from the treasuries of the
several towns, and of the city of Boston, of the
amount of poll taxes assessed upon, and paid by
those who are enrolled in the mihtia and perform
certain duties therein ; and also so much thereof
as provides for the conditional exemption from
military duty of all persons between the ages of
thirty and forty-five years, are hereby repealed.
Members of vol- Sec. 2. Be it further enacted. That it shall be
SsdveThm'"^^ the right of every metnber of any vohmteer corps
mon"ihs!°° '" ''" in this Commonwealth, at any time within six
months after the passage of this act, to dissolve his
connexion with such company ; provided, he shall
signify, in writing, to the commanding officer of
the same, his wish so to do, and shall also notify
the commanding officer of the standing company
within the bounds of which he may reside, that he
has ceased to be a member of such volunteer
corps. And it shall be the duty of the command-
ing officer of said standing company forthwith to
enrol such person in his company.
Volunteer com- Sec. 3. Be it further enacted, That the sev-

mfamry! &f.,\o Gral voluutccr compauics of light infantry, rifle-
be arranged into . t • ii- i r ^ •!••

regiments and mcu and grcuadicrs, m each brigade ot the militia
a a ions. ^^ which they shall exist in sufficient numbers, and
be conveniently located for the purpose, shall be
organized by the commander in chief, with the
advice of the council, into regiments or separate
battalions, which shall be officered in the same

MILITIA. March 29, 1834. 209

manner as regiments or separate battalions of cav-
alry and artillery now are, and shall be reviewed
in regiments, battalions or smaller bodies, as the
brigadier general shall order. And whenever such
companies of light infantry, riflemen or grenadiers,
shall not exist in sufficient numbers, or be so loca-
ted as to render such separate organization expedi-
ent, in the opinion of the commander in chief,
they shall remain attached to the several regiments
of infantry to which they now belong ; and they shall
be reviewed, as shall also the several companies
of cavalry and artillery, which may be in like man-
ner attached to regiments of infantry, by such offi-
cer or officers as shall be detailed by the brigadier
general for that purpose.

Sec. 4. Be it further enacted, That the same volunteer com-

•^ ' panies to per-

duties shall be required of the several volunteer form same duties

^ as are now re-

companies of militia as are now by law required of qu'red.
them. And there shall be paid, from the treasury of ^ald'plnnu^^
the city or town to which the members of such *"y*
companies may respectively belong, the sum of
three dollars annually to each member thereof:
provided, he shall keep himself constantly armed,
uniformed, and equipped, and shall perform all the
active duty required by law. And it shall be the
duty of the commanding officers of said companies,
on or before the first day of November, in each
year, to make out and certify to the mayor and
aldermen of the city of Boston, or to the select-
men of the several towns, a list of all persons in
their respective companies, residing within the said
city or towns respectively, who have entitled them-
selves, during the preceding year, to the pay pro-
vided in this act. And the said mayor and alder-
men or selectmen, shall, within ten days thereafter,
27

210 MILITIA. March 29, 1834.

City and town examinG said lists, and order the treasurer of their

treasurers' duty.

City or town, to pay to each person the sum to
which he is entitled by the provisions of this act ;
and upon the refusal of any treasurer to pay the
same, the persons entitled thereto shall severally
have an action of the case in assumpsit, against
the city or town whose treasurer shall refuse to
pay the same on demand, for the recovery thereof.
Penalty for neg- And if auv commaudinff officer shall wilfully refuse

lectmg to certify jo j

or pay- to certify as aforesaid, or shall intentionally make

a false certificate, or if the mayor and aldermen of
the city of Boston, or the selectmen of any town,
shall refuse to perform their duty as is herein pro-
vided, he or they so offending, shall forfeit and
pay a sum not less than twenty, nor more than one
hundred dollars, to be recovered by indictment in
any court of competent jurisdiction, to the use of
the person or persons injured by such neglect or
misconduct. And the amount of money paid ac-
cording to the provision of this act, from the treas-
ury of any town or city, shall be reimbursed to
such town or city from the treasury of this Com-
monwealth, upon an order drawn by the treasurer
of the town or city, in form, substantially, as fol-
lows, viz. :

To the Treasurer of the Commomoealth of Massa-
chusetts.

Form of order Pay tO the SUm of

being the amount of money paid out of the treas-
ury of the town (or city, as the case may be) of
by order of the selectmen, (or
mayor and aldermen) of said town, (or city) to
(here insert the number of persons paid) individu-

MILITIA. March 29, 1 834. 2\ \

als, for militia services performed by them during
the past year.

A. B. Treasurer of

And to the truth of the facts stated in said order,
the treasurer shall make oath, before some justice
of the peace, who shall certify the same upon said
order.

Sec. 5. Be it further enacted, That all fines l^'lrtof"^
which shall hereafter be collected of the persons divided.
enrolled in the standing companies of infantry,
shall enure, one half to the use of the clerks
thereof, respectively, and the remainder to the use
of the officer having command of such company at
the time when such forfeitures were incurred.

Sec. 6. Be it further enacted, That in lieu of staff officers'
the sums heretofore paid to the several staff offi-
cers hereinafter mentioned, there shall be annually
paid to them, out of the treasury of this common-
wealth, for the services required of them, the sums
following, viz : to each brigade major and in-
spector, twenty-five dollars ; to the senior aid-de-
camp of each major general, twelve dollars ; to
the adjutant of each regiment or separate battal-
ion, twelve dollars.

[Approved by the Governor, March 29, 1834.]

212 SCHOOL DISTRICTS. March 29, 1834.

CHAP. CLIII.

An Act respecting the Formation of School Districts.

Sec. 1. JdE it enacted by the Senate and House
of Representatives, in General Court assembled, and
Sroini?*' h the authority of the same, That, from and after the
andfora one""^ passiog of this act, it shall be lawful, in cases where
two or more contiguous school districts, in adjoining
towns, are each, in their opinion, too small profit-
ably to sustain schools in each, for such districts to
unite and form one district, having all the powers
and privileges, and subject to all the requirements
and liabilities, which now are, or may hereafter be
created by law, in regard to school districts : pro-
Proviso. vided, that in order to form such union of districts,

at legal meetings called in each district for that
purpose, a majority of the voters in the district,
present and voting on the subject, shall determine
to unite ; and upon such votes being certified by
the clerk, to the town clerk of each town, at legal
town meetings called for the purpose, a majority of
the voters in each town, present and voting, shall
determine to permit such union. Provided, also,
that whenever the numbers shall have increased in
such united district, so that a majority of the voters,
present at any legal meeting called for the purpose,
and voting on the subject, shall deem it expedient
to separate, and again form two or more districts, it
shall be lawful for them so to do, first obtaining the
consent of the respective towns, in the same manner
as is required for uniting them as aforesaid.

SCHOOL DISTRICTS. March 29, 1834. 213

Sec. 2. Be it further enacted, That the first First meeting.
meeting of such united district shall be called in
such manner as may be agreed upon by the respec-
tive districts, at the time of forming the union ; and
at that meeting, the manner of calling future meet-
ings shall be determined by a majority of the voters,
present and voting on the subject, and shall con-
tinue, until a different manner shall be prescribed
by the district, at a legal meeting called for the pur-
pose. And it shall be the duty of such district, at
the first meeting, and annually thereaftervvards, to
choose a prudential committee, who shall receive
and expend the money raised and appropriated for
said district, in each town, and generally possess all
the powers, and discharge all the duties prescribed
by law to be possessed and discharged by prudential
committees.

Sec, 3. Be it further enacted, That all monies Monies voted to

. . , ,. be raised, how to

which may be voted to be raised by such united dis- be assessed.
trict, pursuant to th© provisions of the statutes of
the Commonwealth, shall be assessed upon the polls
and estates of the inhabitants of said district, and
collected in the same manner that other taxes are
assessed and collected. And it shall be the duty of
the inhabitants of such district, at the time of voting
to raise such monies, to determine what proportion
shall be paid by the inhabitants of each town re-
spectively, in proportion to their polls and estates ;
and the duty of the clerk of said district to certify
such vote to the assessors of each town respectively.

Sec. 4. Be it further enacted, That the school duties of school

-^ committees.

committees of the towns from which such united
district is formed, shall discharge the duties of
school committees toward the same, in alternate
years, commencing, from the time of union, with the
most ancient town.

214

CANALS.

March 29, 1834.

Act of 1826
amended.

Sec. 5. Be it further enacted, That the fifteenth
section of the act of one thousand eight hundred
and twenty-six, chapter one hundred and fortj-
three, be so far amended as that the selectmen of
any town shall have the power therein given, on the
application, in the case provided for, of five or more
of the Jegal voters of any school district in said
town.

Sec 6. Beit further enacted, That the sixteenth
section of the last named act be so far amended, as
that the selectmen and inhabitants of any town shall
have the power therein given, on the written appli-
cation of any five inhabitants of a school district in
said town, who pay taxes.

[Approved by the Governor, March 29, 1834.]

CHAP. CLIV.

An Act to enable the Proprietors of Canals to Col-
lect Tolls.

Sec. 1. IjE t7 enacted by the Senate and House

of Representatives, in General Court assembled, and

Conductors of bv the authoritv of the same. That the master or con-
boats to exhibit "^ '^ '

to the collector a ductor of cverv boat which shall enter the waters

certificate, &c. •'

of any canal, and which boat shall be laden with
goods, wares, or merchandize, of any description,
to be carried on said canal, shall exhibit to the col-
lector of tolls a certificate signed by such master or
conductor, wherein shall be set forth the name or
names of the owner or owners of the said boat

CANALS. March29,lSS^. 216

which he conducts, the name of the place to which
such boat is destined ; the weight of the respective
articles laden on board such boat ; therein distin-
guishing each article as to quantity or weight, ac-
cording to the amount of toll which the same is li-
able to pay.

Sec. 2. Be it further enacted, That if any con- Penalty for neg-
lecting to make
ductor or master of any boat shall neglect or refuse and exhibit such

I 1 1 • 1 • • n • 1 -1 certificate.

to make and exhibit such certificate, as is hereinbe-
fore required, he shall forfeit and pay to the propri-
etors of such canal the sum of one hundred dollars ;
and if the master or conductor of any boat shall
knowingly, and with intent to defraud said proprie-
tors of tolls, make any false certificate of the kind or
quantity of goods, wares, or merchandize, laden on
board any boat, such conductor or master shall for-
feit and pay to the proprietors of such canal the sum
of one hundred dollars; and if any owner of any Penalty for mak-

'' ing false state-

boat, or any agent for such owner, or any other per- mem.
son, shall knowingly, and with intent to defraud
said proprietors of tolls, make, or cause to be made,
any false statement of the quantity or quality of
goods, wares, or merchandize, laden, or to be laden
on board any boat used on said canal, each owner,
agent, or other person, shall forfeit and pay to said
proprietors the sum of one hundred dollars. And
the said penalties shall be recoverable in an action
of the case in the name of the said proprietors, and
to their use, in any court of competent jurisdiction.

Sec. 3. Be it further enacted, That whenever collector maj;

,, rii iiiii'i cause the loading

any collector of tolls on any canal shall think pro- ofanyboattobe
per to have the loading of any boat weighed, to as-
certain the amount of toll payable for such loading,
he shall have the right to detain such boat, and
cause the goods, wares and merchandize laden on

216 CANALS. iWarc/i 29, 1834.

board of her, to be weighed ; and if it shall be there-
upon found that the loading of such boat does not
conform to the required certificate of loading, but
is greater than the quantity in such certificate set
forth, the master or conductor of such boat, in ad-
dition to the penalty hereinbefore provided for, shall
pay the costs and charges of unloading, weighing,
and reloading the goods, wares, or merchandize,
brought in said boat. But if it be found that the
certificate of weight rendered is true, the said pro-
prietors shall be liable to pay all such costs and
charges, and reasonable damages for the detention
of the master or conductor, and the persons employ-
ed in such boat, to be recovered in an action of the
case against said proprietors, in any court of com-
petent jurisdiction.
Proprietors to Sgc. 4. Be it farther enacted, That the said pro-

furnish certin-

cates. prietors shall cause to be prepared, at their own ex-

pense, the proper blank forms of certificates of
loading, and that the masters and conductors of
boats shall be entitled thereto for use, without any
cost to them therefor.

[Approved by the Governor, March 29, 1834.]

FUGITIVES FROM JUSTICE. March29, 1834. 217

CHAP. CLV.

An Act in addition to the Acts relating to Fugitives
from Justice.

Sec. 1. Jb>E it enacted hy the Senate and Hottsc
of Representatives^ in General Court assembled, and
by the authority of the same, That whenever appli- f^eTbyle'loT
cation shall he made, to the governor of this Com- ^[a°'on'de-
monvvealth, to demand, of the executive authority of {||le"ex"e!ut°v™ of
any other state or territory of the United Stales, anj fugiuve frdm
any fugitive from justice, according to the provision J"^"<=®-
of the constitution and a law of the United States,
the attorney general, or any other prosecuting offi-
cer of the goyernment, being thereto required by
the governor, shall, without delay, investigate the
ground of such application, and furnish the governor
with a statement, in writing, setting forth the cir-
cumstances of the case, together with an abstract of
the evidence to be produced against the person to
be apprehended, with his opinion thereon as to the
expediency of demanding such person. Provided,
however, that the governor may, in his discretion,
make a demand for the apprehension of any such
fugitive, without such statement, if he thinks proper
so to do.

Sec. 2. Be it further enacted, That whenever Duty of the at-

j J 1 11 1 ^ 1 • I • toriiey general,

a demana shall be made on the executive authority when a demand

>. , . I 1 /< • '*''''" ^^ made to

01 this state, by that or any other state or territory, the governor of

,. I J , . ^ J • I ^'^ slate, for any

tor the delivery over of any person charged with fugitive from jus-
treason, felony, or other crime, in the state from
which the demand shall be made, it shall be the
28

218 FUGITIVES FROM JUSTICE. March 29, 1834.

duty of the attorney general of this Commonwealth,
or of any other prosecuting officer of the govern-
ment, when thereto required by the governor, to
inquire into, and state in writing to the governor,
the situation, condition and circumstances under
which such demanded person is found, and especially
whether he is holden for any and what crime or
offence, under the laws of this Commonwealth, and
whpther he is hoUlpii iindor ^ny rivii process, and
whether said demand is made according to law, and
the said person ought to be delivered up. And the
governor shall thereupon, if said demand is conform-
able to law, issue his warrant, under the seal of the
Commonwealth, authorizing the removal and de-
livery of such person so demanded, to be made
forthwith, or shall issue it at such future time as
the said governor shall deem to be most conducive
to justice, and the provisions of the constitution and
law of the United States aforesaid.

[Approved by the Governor, March 29, 1834.]

CHAP. CLVI.

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

JjE it enacted by the Senate and House

of Representatives, in General Court assembled, and

Names changed, by the authority of the same. That William Billings

of Boston, in the county of Suffolk, may take the

name of William W. Billings ; that Ninian Clark, Jr.,

MERCHANTS ACCOUNTS. iliarc/t 29, 183i. 219

of Beverly, may take the name of Augustus Ninian
Clark ; that Samuel Scott of Andover, may take the
name of Samuel Palmer Scott, and all of the county
of Essex ; that David Balcom, 3d, of Douglas, in the
county of Worcester, may take the name of David
Howard Balcom ; that Achsah Ingram of Amherst,
in the county of Hampshire, may take the name of
Ellen A. Ingram ; that Nathaniel T. Bowdoin of
Hanson, in the county of Plymouth, may take the
name of Nathaniel C. Towle : and that Eunice M.,
the wife of said Nathaniel T. Bowdoin, may take
the surname of Towle. And the several persons
herein 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 29, 1834.]

CHAP. CLVIl.

An Act concerning Merchants Accounts.

Sec. 1. J>E «7 enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That all actions on ac- Actions on ac-
counts, which concern the trade of merchandize, be- beTommenced!''
tween merchant and merchant, their factors or ser-
vants, shall be commenced and sued within six years
next after the cause of such actions, anything in the
first section of the statutes of seventeen hundred and
eighty-six, chapter fifty-two, to the contrary not-
withstanding.

220 CITY OF BOSTON. March 29, 1834.

Act^^hento Sec. 2. Be it furthcr enacted^ That this 2iCtsh3.\\

take effect on the first day of April, in the year of
our Lord one thousand eight hundred and thirty-five.

[Approved by the Governor, March 29, 1834.]

CHAP. CLVIII.

An Act in further addition to an Act establishing
the City of Boston.

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

School commit- ^y ^/^g authority of the same, That the school com-
mittee of the city of Boston shall consist of the
mayor of said city (who shall be ex-officio chair-
man), and twenty other members, who shall be
chosen at large from among the inhabitants of said
city, at their annual election of municipal officers.
And there shall be one member at least a resident
in each ward at the time of the election.

Committee cho- Sec. 2. Bc it furthcr cuactcd. That the said

sen for the term . i 1 1 i i r i r

of two years, &c- school committcc siiall be chosen tor tne term ot two
years ; but, at the expiration of one year after the
first election made under this act, the seats of ten
of the members thereof, which shall be determined
by lot, by said committee, shall be vacated, and a
second election shall then be had to supply such
vacancies ; and the ten members chosen at such
second election shall remain in office for the term
of two years, and at all succeeding elections after
that, a choice shall be made of ten persons to serve
for two years, and of such further number of per-

CITY OF BOSTON. March 29, 1834. 221

sons to serve for one year as may be necessary to
supply any vacancies in the remaining part of the
committee. And said committee shall give notice
to the mayor and aldermen of all vacancies which
may happen in their board, and warrants shall be
issued thereupon in the usual manner to fill the
same.

Sec. 3. Be it further enacted, That the said ^^S^^f.l;^'''
school committee shall have the care, superintend- con^mutee.
ence, and direction of the public schools of said
city of Boston ; they shall have authority to ap-
point the instructers of said schools, and also to
remove them as the said committee shall deem
expedient ; and also to determine the amount of
the salaries of said instructers respectively : pro-
vided, that in no case shall the aggregate amount
of all said salaries exceed the whole sum which
shall have been appropriated by the city council
for such purpose, nor shall any expenditure be
made, or contract, involving expenditure, be enter-
ed into by said committee, unless an appropriation
shall have been first made by the city council.

Sec. 4. Be it further enacted, That so much of P^n of former

«^ / _ _ act repealed.

the act to which this is in addition, as is inconsist-
ent with the provisions of this act, is hereby re-
pealed : provided, however, that the present school
committee of said city shall continue in office un-
til a new committee shall be chosen under this act.

Sec. 5. Be it further enacted, That this act Act when to take

^ effect.

shall be void, unless it shall be adopted by the in-
habitants of said city of Boston, qualified to vote
in city affairs, by written ballot, within ninety days
from the passing thereof, at a legal meeting of said
inhabitants called for that purpose.

[Approved by the Governor, March 29, 1834.]

222 TEWKSBURY AND LOWELL. March 29, 1 834.

CHAP. CLIX.

An Act to set off a part of the Town of Tewksbury,
and annex the same to the Town of Lowell.

Sec. \. j3E z7 enacted by the Senate and House
of Representatives, in General Court assembled, and
de?c°r&''"^ % ^^^ authority of the same, That all that part of
the town of Tewksbury, in the county of Middle-
sex, lying within the following lines and bounds,
namely, beginning at the mouth of Concord River,
at its confluence with the Merrimack River, thence
running easterly on said Merrimack River two
hundred and tweuly-nint; rods to a large rock in
said river, about two rods from the shore, embrac-
ing all that part of the Merrimack River against
said line which is in the town of Tewksbury,
thence running south seventeen degrees and one
quarter v/est, four hundred and four rods to said
Concord River by the mouth of a small brook emp-
tying into the same, thence running northerly on
said Concord River five hundred and fifty-three
rods to the bound first mentioned, including all of
said Concord and Merrimack rivers, against the
lines first and lastly herein mentioned, which be-
longed to the said town of Tewksbury, together
with all the inhabitants on the lands herein de-
scribed, be and the same hereby are set oflf and
separated from said Tewksbury, and annexed to and
made a part of said town of Lowell, and that the
same land and the inhabitants thereon shall be

TEWKSBURY AND LOWELL. March 29, 1834. 223

deemed and considered as annexed to and consti-
tuting a part of said town of Lowell : provided,
however, that said tract of land and the inhabitants
thereon, set off as aforesaid, shall be holden to pay
all such taxes as are already assessed or ordered
to be assessed on them, by said town of Tewks-
bury, in the same manner as they would have been
liable if this act had not been passed.

Sec. 2. Be it further enacted, That the inhabit- liabilities of the

^ ' inhabitaints, &c.

ants of the land set off as aforesaid, shall beholden
to pay to said town of Tevvksbury their proportion
of the debt now due and owing by said Tewksbury,
after deducting therefrom all the property and
estate owned by or belonging to said town, to be
ascertained, appraised and estimated by the county
commissioners for the county of Middlesex ; which
proportion of debt, that may be found due as afore-
said, shall be assessed upon said inhabitants, and
collected in the same way and manner, as taxes
are by law required to be assessed and collected.

Sec. 3. Be it further enacted, That of all the County taxes.
state and county taxes which shall be required of
the town of Tewksbury, previous to a new valua-
tion, the town of Lowell shall pay one third part
thereof.

[Approved by the Governor, March 29, 1834.]

22* LEXINGTON BAP. CHURCH. MarcA31,1834.

CHAP. CLX.

An Act to incorporate the Trustees of the First Bap-
tist Church in Lexington.

Sec. 1, Jl5E it enacted by the Senate and House
of Representatives, in General Court assembled, and

rated!" '" ^"^^ by the authority of the same, That Josiah Conant,
Levi Pierce, Calvin Smith, and iheir successors in
office, are hereby made a corporation by the name of
the Trustees of the First Baptist Church in Lexing-
ton ; with all the rights and privileges, and subject to
all the duties and liabilities to which similar corpora-
tions are subject by the constitution and laws of this
Commonwealth.

Real and person- §£€. 2. Be it further enacted, That said corpo-

al estate. ■' ' ^

ration shall have power to receive, hold and manage
all the property, both real and personal, belonging to
said church, in trust for the support and maintenance
of the public worship of God in said church, and for
the uses and purposes for which it may be commit-
ted to them, and may receive and hold any gift, grant,
bequest, or donation, made them for the benefit of
said church : provided, the income of all the proper-
ty so to be held by them, exclusive of their meeting-
house, shall not exceed one thousand dollars : and,
provided, also, the same be appropriated only to pa-
rochial purposes.
t™s?eetwhInto Sec. 3. Be it furthcr enacted, That all vacancies
be filled. qJ g^^^j Trustees, that may happen from death, re-

SALES AT AUCTION. March 31, 1834. 225

signation, or otherwise, may be filled at any annual
meeting of the' church in such way and manner as
said church shall direct.

[Approved by the Governor, March 31, 1834.]

CHAP. CLXI.

An Act in addition to *' An Act imposing a duty on
sales at Auction."

-t>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 Duties on sales

, „ . of stock, (fee. of

the first day of April next, the duty on sales at auc- any cUy, town,

11- 1 r .1 ' p or county, to be

tion, or public vendue, oi any stock, or scrip or any the same as that
city, town or county of this Commonwealth, issued United states.
for the payment of the debt of such city, town or
county, or of any shares, stock or scrip of any com-
pany incorporated by any law of this Commonwealth,
shall be the same as by law is payable on such sales
of stocks of the United States, of the several states,
or of shares of the stock of incorporated banks, in-
surance and manufacturing companies, any thing in
the act or acts to which this is in addition to the
contrary notwithstanding.

[Approved by the Governor, March 31, 1834.]

226 LEASEHOLDERS. Marc/i 31, 1834.

Lessees of real
estate for the

CHAP. CLXII.

An Act concerning Leaseholders for Long Terms.

Sec. 1. X>E i7 enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That any lessee, and the
S JeaTo'i"''" assignee of any lessee, of real estate for the term of
ga°ded^°as^free" ^"^ hundrcd ycars or more, shall, in all cases where
holders. there is an unexpired residue of fifty years or more,

of such term, be regarded as a freeholder, with all
the rights, privileges, competency, authority and lia-
bilities, incident to owners of freehold estates by vir -
tue of any statute of this Cominonwealth ; and that
all such unexpired residues of such terms, when
mortgaged or seized on execution, or other final pro-
cess, shall be subject to redemption, and be levied
on in the manner that now is, or hereafter may be
by law prescribed, in cases of mortgages or levies
of executions, on estates in fee simple.
KSch'''" Sec. 2. Be it further enacted, That all such un-
garXd'as Jear' Gxpircd rcsiduos of such terms shall be regarded as
estate, &c. ^.^^j ^statc, SO far as respects the sale thereof, by
order of any court, for the payment of the debts of
a deceased or other owner thereof, or for any other
purpose, and that the same proceedings shall be
had, prior to such sale, which now are, or hereafter
shall be by law prescribed, in regard to the sale of
real estate for the payment of the debts of deceased
or other persons, or for other purposes, respectively.

LEASEHOLDERS. March 31, 18^4. 227

Sec. 3. Be it further enacted, That the widow ^'''°„^'i; ^g';,,'^f
of any person, who, at the time of his death, shall [1°^,^^/"'''^^'^ ^°
be such lessee or assignee as is mentioned in the
first section of this act, and the wife of any person
who shall be divorced for the cause of adultery com-
mitted by him, if he shall be such lessee or assignee
at the time her libel for a divorce shall be filed
against him, shall be entitled to dower in such leased
estate, in the same manner as if he had died seized
of an estate in fee simple ; and her dower therein
may be recovered by her, or assigned to her, in the
manner which now is, or hereafter may be by law
prescribed for the recovery or assignment of dower
in other estates : provided, however, that no creditor
of such lessee or assignee, whose debt or claim now
exists, or shall accrue before this act takes effect,
shall be affected hereby. And, provided, also, that
such widow, or divorced wife, shall be held liable
to pay to the owner of the unexpired residue of
such term, during the time she shall hold her said
dower therein, one third part of the rent reserved
(if any) in the lease under which her husband held
his said term.

Sec. 4. Be it further enacted, That this act shall fff^'J^^""^"^^^^
take effect on the first day of June, in the year of
our Lord one thousand eight hundred and thirty-
four.

[Approved by the Governor, March 31, 1834.]

228

BOSTON FEMALE SOC.

March 3\, 1834.

CHAP. CLXIII.

Persons incorpo'
rated.

Personal estate.

Treasurer to
give sureties.

An Act to incorporate the Female Society of Boston
and the vicinity, for promoting Christianity among
the Jews.

Sec. 1. JljE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That Isabella Homes,
Phebe Cutler, and Mary Bowers, their associates
and successors, are hereby made a body corporate
by the name of " the Female Society of Boston and
the vicinity, for promoting Christianity among the
Jews," with power to take, hold and possess, by
subscription, gift, grant, purchase, bequest, or oth-
erwise, personal property, not exceeding in amount,
at any one time, the sum of ten thousand dollars,
the funds so to be held by them, and the income
thereof to be expended in printing and circulating
the scriptures and other religious books, and in the
advancement of such measures as may be best cal-
culated to promote the objects of said society, as set
forth in its title.

Sec. 2. Be it further enacted, That the treas-
urer of said society shall be a single woman, of the
age of twenty-one years or upwards, and shall give
bond with sufficient surety or sureties, to account
annually, or oftener, if required by the society or
the board of managers, for all money and property
of said society, and in general to discharge the du-
ties of said office with fidelity.

[Approved by the Governor, March 31, 1834.]

COMPETENT WITNESSES. MarcA 31, 1834. 229

CHAP. CLXIV.

An Act declaring Inhabitants of Counties to be com-
petent Witnesses in certain cases.

JDE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That in all legal pro- inhabitants of
ceedings commenced from and after the first day of competent wit-

. .., nesses in any ac-

May next, whether oi a civil or criminal nature, tion wherein the

. • 1 • /-I 1 1 • county may be a

wherein any county in this Commonwealth is, or party.
may be a party, or interested, any inhabitant of
such county shall be admissible, as a competent
witness, and the deposition of any such inhabitant
shall be admissible in evidence in all cases when
depositions may lawfully be used : provided, such
person be not interested, except as inhabitant of
such county, and be in all other respects qualified as
a witness, according to law.

[Approved by the Governor, March 31, 1834.]

230 HANSON UNIVER. SOC. March 51, 1834.

CHAP. CLXV.

An Act to incorporate the First Universalist Society
in Hanson.

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

ra™'"*'°'"^°' % i/ie authority of the same, That Job Luther,
Joshua Bates, and Isaiah S. Perry, their associates
and successors, are hereby incorporated as a reli-
gious society, by the name of the First Universalist
Society in Hanson, with all the powers and privi-
leges, and subject to all the duties and liabilities by
law incident to religious societies legally estab-
lished in this Commonwealth.

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

ration shall have power to receive, hold and man-
age any estate to the amount of ten thousand dol-
lars : provided, the same be appropriated exclusively
to parochial purposes.

[Approved by the Governor, March 31, 1834.]

MARSHPEE DISTRICT. March 31, 1834. 231

CHAP. CLXVI.

An Act to Establish the District of Marshpee.

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 that tract of District of

*' _ '^ "^ Marshpee estab-

land situated in the county of Barnstable, known as ''^hed.
the Plantation of Marshpee, excepting such parts
thereof as are now annexed to the towns of Fal-
mouth or Sandwich, for the purpose of taxation or
otherwise, together with the indian and mulatto
proprietors of said plantation, be, and they hereby
are made a body politic and corporate, as a district,
by the name of Marshpee, with all the powers and
privileges, and subject to all the duties and liabili-
ties herein provided, and necessary to carry into
full effect the provisions of this act.

Sec. 2. Be it further enacted, That it shall be Governor and

council to ap-

the duty of the governor, by and with the advice point commis-

1 f 1 -1 • sioner. ,

and consent of the council, to appoint one able and
discreet person, resident in the county of Barnsta-
ble, and in the vicinity of said district, to be a com-
missioner of Marshpee, who shall hold his office for
the term of three years, unless sooner removed by
the governor and council. And the governor and
council shall fill all vacancies which shall happen
in said office by death, resignation, expiration of
said term or otherwise. It shall be the duty of
such commissioner to exercise a careful supervis-
ion over all the affairs of said district, agreeably to
the provisions of this act ; and shall also discharge

232 MARSHPEE DISTRICT. Marc/i 31, 1834.

and perform all the duties now required by law of
the overseers of the Herring Pond Indians. And
the said commissioner shall also be the treasurer of
said district, and of the Herring Pond Indians, and
shall give bonds to the satisfaction of the governor
and council, for the faithful performance of such trust.
x4nd the said commissioner shall, on or before the
first Wednesday of January, in each year, report to
the governor and council, for final settlement, an
account of the receipts and disbursements of the
treasury, including his own charge for all neces-
sary official services, and countersigned by the
selectmen of the district, with their approval or
disapproval of the same. To which report the
commissioner shall subjoin a particular statement of
the affairs of the district, so far as may be neces-
sary for a full understanding of the same ; and the
governor shall communicate such report and state-
ment to the legislature.
Duty of commis- Sec. 3. Be it furthtT enactecl, That it shall be

sioner, ^-c. . .

the duty oi such commissioner, as soon as may be,
after his appointment, to issue his warrant to one of
the principal proprietors of said district, requiring
him to notify and warn the first meeting thereof, in
such manner as he may deem proper, at which, and
at all subsequent meetings of the district, it shall
be the duty of such commissioner to preside, and
for that purpose, he shall have all the powers of a
moderator. And the meetings of said district may
be held at the public meeting-house therein.
First meeting. Sec. 4. Be it further euucted, That the indian
ega voters. ^^^ mulatto proprictors of said district, including
such as may be proprietors in right of a wife, and
no other persons whatever, shall be qualified to vote
in the elections and affairs thereof. And it shall be

MARSHPEE DISTRICT. Mzrc/i 31, 1834. 233

the duty of said commissioner, and the selectmen,
to keep a list of such voters, and from time to time
to correct the same, so that it shall embrace all the
male proprietors of said district, of twenty-one
years of age, and upwards, and no others.

Sec. 5. Be it further enacted, That such Annual meeting.
commissioner shall call a meeting of said pro-
prietors, in the months of March or April, an-
nually, in the same manner as is provided for
calling the first meeting, requiring the person to
whom his warrant may be directed, to give such
notice of any meeting, as the said proprietors may
establish, and at said first meeting, as well as at all
subsequent annual meetings, the said proprietors
shall, by ballot, elect a clerk and three selectmen,
and one or more constables, who shall be proprie-
tors and sworn to the faithful performance of their
duty. It shall be the duty of such clerk, to keep
a fair record of all the proceedings of said district,
and to keep in a separate book a record of the offi-
cial acts and doings of the selectmen. The select- Selectmen to be

° overseers of the

men shall also be the overseers of the poor, the p"*""-
surveyors of the highways, and school committee.
And these several officers shall have all the povt'ers,
and be subject to all the liabilities incident by law
to their respective offices, so far as the same is con-
sistent with the provisions of this act. Upon the
application in writing, of ten or more proprietors,
it shall be the duty of the commissioner to call a
meeting of said district, to act upon any lawful
matter set forth in such application.

Sec. 6. Be it further enacted, That the said Selectmen to

^ have the care of

selectmen shall have the care and management of [he proprietary

° lands, fisheries,

all the proprietary lands held in common, together &;c.
with the fisheries, and they may establish all need-
30

234 MARSHPEE DISTRICT. March 31, 1834.

ful regulations and by-laws in relation thereto :
provided, they be duly approved by the proprietors
in district meeting, and also by said commissioner.
And penalties may be imposed for a violation of
such regulations and by-laws, in the same manner,
and to the same extent, that towns may do the
same, and may be recoverable by indictment, to the
use of said district, in any court of competent juris-
diction. And the said selectmen shall annually
make the allotments of marsh and pasture land,
agreeably to the former usage of the plantation,
and the residue thereof shall dispose of to the best
advantage, and immediately place the proceeds
thereof in the hands of the treasurer, to be held by
him for the common benefit of the district, and sub-
ject to the order of the selectmen, for the purposes
herein provided.
Lands heretofore Sec. 7. Be it further enacted, That the said

rightfully held in . ^ r- i • i 11

severalty, con- proprictors are hereby confirmed in the peaceable

firmed to said * ^ . . '' r 11 1 i 1 • 1 1

proprietors. and exckisive enjoyment or all lands which they
heretofore may have rightfully held and improved
in severalty ; and in case it shall appear to said
commissioner and selectmen, that it would be for
the advantage and encouragement of any proprietor
to improve and hold more land in severalty, they
are hereby empowered to set off to such proprietor,
from the common land, so much thereof as they
may deem just and proper, having reference to the
rights and interests of all the proprietors. And the
said commissioner shall enter upon a book, to be
kept for that purpose, a description of all the sev-
eral lots so held by said proprietors in severalty,
together with all permanent allotments of common
land, that may be made to them as aforesaid, and
also all lawful grants and transfers of lands so held
in severalty by said proprietors.

MARSHPEE DISTRICT. iWarc/i 31 , 1 834. 236

Sec. 8. Be it further enacted, That the select- selectmen may
men are hereby authorized to dispose of so much of &c.
the wood upon the common lands each year, as
shall be equal to the annual growth thereof, and no
more, agreeably to the regulations that may be
established in regard to the common lands as afore-
said, and the proceeds thereof they shall immedi-
ately pay into the treasury ; provided, always, that
no persons other than proprietors or inhabitants of
said district, shall ever cut such wood, or transport
the same therefrom. And every person offending
against this provision, shall be liable to indictment
therefor, and, upon conviction in any court of com-
petent jurisdiction, shall pay a fine of not less than
fifty, nor more than one hundred dollars, to the use
of said district.

Sec. 9. Be it further enacted, That no sale or saie or transfer

, of wood not to be

transfer of any wood standing upon the common vaiid, unless

"^ . . . . made to a lawful

lands of said district, shall be valid in law, unless proprietor.
made to a lawful proprietor ; and no person shall
ever become a proprietor of said district, by opera-
tion of law, unless he be a lineal descendant of a
proprietor. And upon the death of any proprietor
without such descendant, all his interest in the
lands of the district shall escheat to the proprietary :
provided, however, that any proprietor of lands in
severalty, may devise, or otherwise convey the same
to any other proprietor.

Sec. 10. Be it further enacted. That the funds Funds, how to be
of the district shall be faithfully applied to the sup-
port of, and necessary medical attendance upon the
poor of said district, the necessary repair of high-
ways, the support of schools, and other necessary
district charges. Such an amount shall be granted
for these objects respectively, as the said propria-

236 MARSHPEE DISTRICT. March 31, 1834.

tors, at their annual meeting, shall direct, and the
commissioner approve. And all persons not be-
longing to said district, and liable to become a
charge thereto, may immediately be removed there-
from, and committed to the house of correction, in
pursuance of the provisions of the " act for the
regulation of gaols and houses of correction :" pro-
vided, that the person so to be removed, be guilty
of some one or more of the offences set forth in
said act.
by°Jlop'r?etoTs*for Sec. 11. Be it further enacted, That all con-
be whoHy'void.*" tracts made by said proprietors or inhabitants for
ardent spirits shall be wholly void ; and any per-
son who shall knowingly sell any spirituous liquors
to said proprietors or inhabitants, other than for the
purposes of medicine, as prescribed by a regular
physician, shall be liable to indictment therefor,
and upon conviction in any court of competent
jurisdiction, shall pay a fine of not less than fifty,
nor more than one hundred dollars, to the use of
Penalty for sell- said district. Aud upon the trial of any indictment,
L°rleX'pff °'' or suit at law, touching the interests and rights of
said proprietors, in their common lands, or in any
fine accruing to them under the provisions of this
act, they shall, notwithstanding, be competent wit-
nesses to testify : provided, they are not otherwise
disqualified.
frp^te?from'lhe ^^^- ^^' ^^ ^^ furthcr ciiactcd, That said pro-
and^ount**^ ^'^'^ prlctors shall be exempt from the payment of state
taxes, &c. and county taxes ; and their lands, whether held in
common, or in severalty, shall not be liable to be
taken in execution. And in case their bodies shall
be arrested on execution, they may be admitted to
the benefit of the oath of the poor debtor, notwith-
standing any interest they may have in such lands,
and their oath may be varied accordingly.

MARSHPEE DISTRICT. March 31, 1^34:. 237

Sec. 13. Be it further enacted, That upon the upon the ap-

,.^ . r 1 • • pointmentofa

appointment and qualification of the commissioner commissioner,

J II- r-i •• *'"** powers and

under this act, the powers and duties of the existing duties of the

- ^ present board of

board of overseers, and treasurer, shall cease, and overseers, &c.,

, . . -11 1-1 1 to cease.

the commissioner is hereby authorized to make a
full settlement with them, to receive the papers
and effects belonging to the plantation, and give
sufficient discharge therefor; an account of which
settlement, countersigned by the selectmen of the
district, with their approval or disapproval of the
same, shall be returned to the governor and coun-
cil, for final settlement. And all contracts made by
the existing board of overseers, in relation to the
management of the affairs of the plantation, shall
be carried into effect, in good faith, by the com-
missioner and selectmen of Marshpee.

Sec. 14. Be it further enacted, That all acts ^°^f ^<=*s "■^-
heretofore passed relating to the plantation of
Marshpee, and the indian, mulatto, and negro pro-
prietors and inhabitants thereof, are hereby re-
pealed, except so far as the same may relate to the
Herring Pond Indians.

Sec. 15. Be it further enacted. That the legis- Legislature may
lature may, at any time hereafter, alter, amend, or fhisact^/^''^^
repeal this act, at their pleasure, excepting so far
as right of property in severalty may have been
acquired under the provisions of the seventh section
of this act.

[Approved by the Governor, March 31, 1834.]

238 IMPRISONMENT FOR DEBT. March 31, 1834.

CHAP. CLXVII.

An Act to Abolish Imprisonment for Debt.

Sec. 1. J3e «7 enacted by the Senate and House

of Representatives, in General Court assembled, and

No person to be bv the authoritv of the same, That from and after

arrested for any , ^ , , r- t i i ii i

debt contracted thc fourth uav ot Julv ncxt, no Dcrson shall be ar-

after the 4th of ,,,,,.,• • i

July next, except rested, held to bail, or mipnsoned on mesne pro-

in certain cases. , . , ,

cess, for any debt, or demand contracted subse-
quently to that day, unless the plaintiff or some one
of the plaintiffs, or his or their agent, shall make oath
before some justice of the peace within the county,
that he has a claim or claims against the debtor or
debtors, which he believes to be justly due, and on
which he expects to recover the sum of ten dollars
or upwards, and that he has reasonable cause to be-
lieve that the defendant, for the purpose of avoid-
ing the payment of a just demand, intends to leave
and remain beyond the jurisdiction of the court hav-
ing cognizance of the suit, so that he cannot be ar-
rested on an execution, which may issue on a judg-
ment in said suit.
Reiatino^ to tak- ^^^' ^' ^^ ^^ further euttcted, That in any civil
debtor's''oat1i. actiou fouudcd ou any debt contracted subsequently
to said fourth day of July, the defendant may notify
the plaintiff, or his attorney, in writing, at least sev-
en days, if living more than fifty miles from such
debtor, otherwise ten days before the sitting of the
court of common pleas, where the action is brought,
or if the suit is before a justice of the peace, or the

IMPRISONMENT FOR DEBT. March 31, 1834. 239

justices of any police court, four days before the
return day of the writ, that, at the trial of said ac-
tion he shall take the poor debtor's oath ; or such
notification in writing may be filed in the clerk's
office, at least seven days — and if said office is within
fifty miles of the residence of such debtor, then ten
days before the sitting of the court, or with the jus-
tice at least four days before the return day of the
writ. And if upon the trial of the action, it shall
be found that the defendant is indebted to the plain-
tiff in the sum of fen dollars or more, exclusive of
all costs, the court or the justice may, at his request,
and after such examination as is now provided by
law, administer to him the poor debtor's oath, in
manner and form, as is now required to be done be-
fore justices of the peace, or the defendant may ac-
knowledge the demand in court, and immediately
submit to the examination and administration of the
oath: and in such case execution shall not run
against the body of the defendant. Provided, hoiv- Proviso.
ever, that the plaintiff may, at any time before the
administration of the oath, prove that the defendant
has property not exempted by law from attachment
and execution, and in such case, if the court shall
deem it reasonable, the defendant shall be entitled
to one continuance, for the purpose of a further ex-
amination ; and if, upon such further examination,
the plaintiff shall prove to the satisfaction of the
court, that the defendant then has property not ex-
empted by law from attachment and execution, ex-
ecution shall be issued against the person and pro-
perty of the defendant in the manner and form now
provided by law, and he shall be liable to be taken
and detained thereon, until legally discharged by
taking the poor debtor's oath or otherwise.

240

BOSTON HARBOR.

March 31, 1834.

Acts inconsistent Sec. 3. Be it further enacted, That all laws in-

with this act, re- • i i •

pealed. cODSisteiit With this act are hereby repealed.

[Approved by the Governor, March 31, 1834.]

CHAP. CLXVIII.

An Act concerning the Islands and Beaches in the
Harbor of Boston.

rymg away
earth, gravel,

Sec. 1. JoE it enacted by the Senate and House
of Representatives, in General Court assembled, and
fo ^y ^^^ authority of the same, That if any person
shall wilfully carry away from any island within
the harbor of Boston, or from any beach adjacent
thereto, any earth, gravel, stone or other material
composing such island or beach, without the con-
sent of the owner thereof, the person or persons
so offending shall forfeit and pay, for each oflfence,
to the use of the Commonwealth, a sum not ex-
ceeding one hundred dollars, nor less than five
dollars, to be recovered by indictment in any court
competent to try the same ; provided, that this act
shall not be construed to prevent the taking of
shell-fish from such islands and beaches.

Sec. 2. Be it further enacted. That if any per-
son shall wilfully build a fire on Spectacle island, in
the harbor aforesaid, without the consent of the
owner or owners thereof, such person shall suffer
the like forfeiture, and to be recovered and appro-
priated in like manner as is provided in the first
section of this act.

[Approved by the Governor, March 31, 1834.]

Penalty fori
building a fire
on Spectacle
island.

MASS. SCHOOL FUND. March S\, 1834. 241

CHAP. CLXIX.

An Act to establish the Massachusetts School
Fund.

Sec. 1. Ue ^7 enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That, from and after ^^^''^'^h/s^jg^^^^
the first day of January next, all monies in the o^Mainetobf^
treasury derived from the sale of lands in the state appropriated to

•' the encourage-

of Maine, and from the claim of the state on the ™?"^f •=°'"°'"°

' senools.

government of the United States for military ser-
vices, and not otherwise appropriated, together
with fifty per centum of all monies thereafter to be
received from the sale of lands in Maine, shall be
appropriated to constitute a permanent fund for the
aid and encouragement of common schools : pro-
vided, that said fund shall never exceed one mil-
lion of dollars.

Sec. 2. Be it further enacted, That the invest- investment of

'^ ' monies.

ment of the monies hereby appropriated shall be
made by the treasurer and receiver general, with
the approbation of the governor and council first
obtained.

Sec. 3. Be it further enacted, That the income [ncomeoniyto
only of said fund shall be Appropriated to the aid ^ '^pp'°p"^'^ •
and encouragement of common schools, and that a
just and equal distribution thereof shall be made to
the city of Boston and the several towns and dis-
tricts in the Commonwealth in such manner as the
legislature shall hereafter appoint : provided, that
there shall never be paid to any city, town or dis-
31

242 SCHOOL DISTRICTS. March 31, 1834-

trict a greater sum than is raised therein respect-
ively for the support of common schools.

[Approved by the Governor, March 31, 1834.]

CHAP. CLXX.

An Act concerning Meetings of School Districts.

-t>E it enacted by the Senate and House
of Representatives, in General Court assembled, and
Meetings. by the authority of the same, That all future meet-

ings of any school district may be convened by a
warrant to be issued by the prudential committee,
directed to any member of such district, and served
in such manner as the said district has appointed,
or may hereafter appoint, at a legal meeting there-
of, for warning meetings of such district.

[Approved by the Governor, March 31, 1834.]

BOSTON & PROV. R. R. COR. iWarcA 31, 1834. 243

CHAP. CLXXI.

An Act to authorize the Boston and Providence
Rail Road Corporation to construct a Branch Rail
Road to Dedham Village.

Sec. 1. X>E it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That the Boston and Authorized to

T^ 1 r» -1 T-» 1 ^ • construct a

Providence Rail Road Corporation are hereby branch rail road.
authorized to construct and complete a branch rail
road from their main rail road to the village of
Dedham, in the course and direction following : —
beginning at station number three hundred and
sixty-three of said main rail road, in Dedham, and
thence proceeding in a curve, in a southwesterly
direction, with a radius of thirteen hundred feet,
till it strikes a point distant eighty rods from station
three hundred seventy-six of said main rail road,
and lying north sixty degrees west therefrom ;
thence proceeding north sixty degrees west three
thousand feet, to a stake in the public road, the
width of the rail road to this stake being three
rods ; thence north fifty degrees west five hundred
feet, through land of George Byrd, two rods in
width ; thence the same course twenty-four hun-
dred feet, three rods in width ; thence the same
course two hundred feet, where the road, together
with the land taken for excavation, is seven rods
wide ; thence proceeding southwesterly, in a curve,
with a radius of four thousand feet, eleven hundred
feet, the first three hundred feet being seven rods
wide, and the other eight hundred feet being four

244 BOSTON & PROV. R. R. COR. March 3\, 1834.

rods wide ; thence proceeding due west, eighteen
hundred feet, the first fourteen hundred feet being six
rods wide, and the last four hundred feet being three
rods wide ; thence proceeding in a curve, west, a
Httle north, with a radius of four thousand feet,
eight hundred feet in distance, to a point in the
new road in Dedham, opposite School street, the

Proviso. width in this part being three rods. In all cases,

the line above described, is the centre of the rail
road. Provided, however, that the said corpora-
tion shall obtain the consent of the town of Ded-
ham to their making said branch road as aforesaid,
and also the consent of the owners of all the lands
through which said road passes, or of their guar-
dians, in case any of them are under guardianship,
before they commence the making of said road :
and provided, also, that all damages which may
arise to any person or persons, by taking any lands
for said rail road, or by making said road, shall be
paid by said corporation, and the payment thereof
secured and enforced in the manner specified in
their original act of incorporation, and in the act

mX°fenceV&c. ^^^ defining the rights and duties of rail road cor-
porations in certain cases.

Sec. 2. Be it further enacted. That said corpo-
ration shall be bound to make, and forever main-
tain legal and sufficient fences on the line of said
branch rail road ; and in case they shall neglect so
to do, they shall be liable to the owners of the ad-
joining lands for all damages arising from such

Privileges, (fee. ncglcct, in an action of debt, to be brought in any
court proper to try the same.

Sec. 3. Be it further enacted. That said rail
road corporation shall be entitled to all the privi-
leges, and subject to all the duties, and the gov-
ernment shall have all the rights, in respect to the

GAMING. Marc/iSl, 1834. 245

road which is hereby authorized to be made, as ^<>^^,'? ''^ c^""-

■' ' pleteu in two

exist in respect to the main rail road. years.

Sec. 4. Be it further enacted, That if the said
corporation shall not complete the said branch rail
road in two years from the date hereof, then this
act shall be void, otherwise it shall remain in force
as long as their original act of incorporation.

[Approved by the Governor, March 31, 1834.]

CHAP. CLXXII.

An Act to Prevent Gaming.

-I3E it enacted by the Senate and House
of Representatives, in General Court assembled, and Duty of justice of

. „ J . the peace or po-

bif the authority of the same, That upon complaint lice court, when

^ "^ ^ . . a complaint shall

on oath by any person before any justice of the be made.
peace, or any police court, that he suspects, or
hath cause to suspect, that any house or other
building is used as, and for a common gaming
house, for the purpose of gaming for money, or
other property, and that the same is unlawfully
used for that purpose, and that any idle and disso-
lute person or persons resort to the same, with that
design, whether the names of such person or per-
sons are known to such complainant or not, it shall
be the duty of such justice of the peace or police
court, to issue a warrant in due form of law, com-
manding the sheriff, or his deputy, or the consta-
bles of the city of Boston, or of any town within
this Commonwealth, to enter into such building,
and there to arrest all and every person who shall

246 HIGHWAYS & RAIL ROADS. March 31, 1834.

be there found playing for money or otherwise, and
the keeper or keepers of the same, and also to take
into their custody all the materials and instruments
for gaming as aforesaid ; and the person or persons
so arrested, or all the materials or instruments
aforesaid, to keep, so that the same may be forth-
coming before such justice of the peace or police
court, to be dealt with and disposed of according
to law.

[Approved by the Governor, March 31, 1834.]

CHAP. CLXXIII.

An Act for the more speedy recovery of damages
caused by the laying out of Highways and Rail
Roads.

x3E it enacted by the Senate and House

of Representatives, in General Court assembled, and

Petitions for ju- fyy fj^^ authoritv of tkc same, That a petition or

ries to estimate J u ^j > i

damages occa- appHcatiou to couutv commissiouers in any county,

sioned by loca- i ^ •' J J '

&c^ ''wher'to'be ^^^ ^ J"^y ^" relation to the locating, altering or
acted on. discontiuuiug of any highway or townway, or to the

estimating of damages sustained by the locating,
altering or discontinuing of any such way, or to the
estimating of damages sustained by the taking of
land or other property by any rail road corporation,
for their road, or for the proper construction and
security thereof, may be sustained and acted on,
though made at the same meeting of said commis-
sioners at which such locating, altering or discon-
tinuance is established, or at which such estimate

COURTS OF PROBATE. March 31, 1834. 247

is made of the damages occasioned by taking land
for a rail road, or for the proper construction and
security thereof, any law to the contrary notwith-
standing.

[Approved by the Governor, March 31, 1834.]

CHAP. CLXXIV.

An Act in addition to an Act to regulate the juris-
diction and proceedings of Courts of Probate.

Sec. 1, Ue it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That whenever the in case of a con-

./ -' ^ troversy relating

probate of any last will and testament, or instrument to the last wm

* _ •' ^ of any person al-

purporting to be the last will and testament of any legedtohave

*■ ^ "^ "' been insane,

person deceased, shall be delayed or hindered by a J"<^?res of probate

' •' •' may g'rant acl-

suit or controversy, on account of the alleged insan- ministration.
itj of the testator or testatrix, or for any other cause,
administration upon the estate of such deceased per-
son, to be limited in duration to the existence of such
suit or controversy, and in its object to the collec-
tion of the debts and personal property of the de-
ceased person, and the payment of his or her just
debts, shall and may be granted by the several
judges of probate in their respective counties, at the
request of any person interested therein.

Sec. 2. Be it further enacted, That the person Persons receiv-

^ ^ . , , ing letters of ad-

or persons who shall receive letters of administra- ministration, to

*• _ _ ^ return to court of

tion in virtue of this act, shall make and return to probate an inven-
tory of goods,

the court of probate a perfect inventory of the goods, &c.

248 COURTS OF PROBATE. March 31, 1834.

effects, credits, and real estate, belonging to the de-
ceased person, which shall come to the knowledge
and possession of him or them, in the same manner
as other administrators are required by law to do ;
and it shall be his or their duty to pay and satisfy
the just debts which the deceased person owed at the
time of his or her decease ; and if it shall be found
necessary for the purpose of paying such debts, to
sell any of the property specifically devised or be-
queathed by such will, the court of probate where
such appointments were made, may, on petition
therefor, authorize such administrators to sell and
convey such parts of the property so specifically de-
vised or bequeathed as may be necessary to pay such
debts, and as shall be least injurious in his opinion,
to such specific devisees and legatees, and if such
will shall be proved and allowed, those specific de-
visees and legatees whose devises and bequests shall
be so sold, shall have contribution from the other
specific devisees and legatees named in said will, in
proportion to the respective value of all the specific
devises and bequests in said will mentioned.
Duties of limited §^0. 3. Bcit further enacted, That it shall be

admimslrators. ^ '

the duty of any such limited administrator or admin-
istrators, after paying all the just debts which the
deceased owed at the time of his or her decease, to
lay out and invest all monies which shall remain in
his hands, at interest, in such public stocks or funds,
or upon mortgages of real estate, as shall be desig-
nated by the judge of probate, which stocks, funds,
and mortgages, shall be held and managed as a trust
fund during the continuance of such administration ;
and upon probate of the will of the deceased, and
the granting of letters testamentary to the executor
or executors named therein, or the appointment of

COURTS OF PROBATE. March SI, \S34>. 249

an administrator with the will annexed, the powers
of the administrator first appointed shall cease, and
it shall be his or her duty to exhibit an account of
his or her administration upon oath, into the probate
court, by which the appointment was made ,' and said
probate court may order and decree that the said ad-
ministrator shall pay over, tranfer and deliver to the
said executor or administrator with the will annexed,
all the money, property, stocks, and mortgages, re-
maining in his hands as such administrator, and in
case any will shall be established where such limited
administration has been granted, and no executor or
administrator with the will annexed be qualified
within three months thereafter, then the administra-
tor already appointed shall and may administer the
estate according to the provisions of said will, and
complete the settlement thereof.

Sec. 4. Be it further enacted, That all existing Existing laws

, ,... , . -I- !•! T limiting the time

laws, limitmg the times withui which creditors may within which

, • , . . , , . , creditors may

prosecute their claims against the estates, heirs, and prosecute their

1 , . r 1 1 I 11 1 • claims, when to

legal representatives ot persons deceased, shall begin have effect.
to run and have effect from the time of granting lim-
ited administration in virtue of this act ; and all suits
or actions at law or in equity, which shall be depend-
ing when such limited administration shall cease, in .
or to which any administrator appointed under this
act shall be a party, shall and may be prosecuted by
or against any executor or administrator who shall
have received letters testamentary or administration
with the will annexed, upon the probate of such will.

Sec. 5. Be it further enacted. That when any ad- Judges of pro-
ministrator shall be appointed in virtue of the first bonds" of admin-
section of this act, the judge of probate shall so alter eY^X^Xs^act.
and vary the bond by him given, in the condition
thereof, as to conform to the provisions of this act.
32

260 ANDO. & WIL. R. R. COR. March 31, 1834.

JTmentaJy are*'"' ^^^' ^' ^^ H fuTtker enactcd, That in all cases,
morepllsoill^"''' J"^o®^ ^^ probate are empowered, when they grant
iepfrVJ'blnd' ^ l^tteFs testamentary, or of administration, or letters
from each. ^f trust to two or morc persons, to take a separate

bond from each person, with sufficient sureties to

each.

Sthec'TuSn ^^^' '^' ^^ it further enacted, That in all cases

receited7heir°' ^hcre bouds are required of executors, administra-

appointment. jors, OX guardians, upon the sale of real estate, such

bonds shall be given in the probate courts where such

executors, administrators or guardians, respectively

received his, her, or their appointment.

[Approved by the Governor, March 31, 1834.]

CHAP. CLXXV.

An Act in addition to the Act to establish the An-
dover and Wilmington Rail Road Corporation.

J3E it enacted by the Senate and House

of Representatives, in General Court assembled, and

Further time of by the authority of the same, That the further time

six months al- „ . , , i /• i r t ■ i

lowed. of SIX months from the first day ot June, m the

year of our Lord one tliousand eight hundred and
thirty-four, be allowed to said corporation for filing
with the county commissioners the location of the
route of said rail road.

[Approved by the Governor, March 31, 1834.]

TAXES IN SCHOOL DIST. March 31, 1834. 261

CHAP. CLXXVI.

An Act concerning the Assessment of Taxes in
School Districts.

15E it enacted by the Senate and House
of Representatives, in General Court assembled^ and
by the authority of the same. That in the assessment Real estate of

•^ ./ »/ ' manulactunng

of all taxes voted to be raised pursuant to the tenth corporations to

r^ be taxed.

section of the statute of one thousand eight hun-
dred and twenty-six, chapter one hundred and
forty-third, all real estate and machinery belong-
ing to manufacturing corporations, shall be taxed
in the districts where the same are situated, and in
assessing the shares in any manufacturing corpora-
tion for similar purposes, there shall be deducted
from the value thereof the value of the machinery
and real estate belonging to such corporation.

[Approved by the Governor^ March 31, 1834.]

CHAP. CLXXVII.

An Act for the Orderly Solemnization of Marriages.

Sec. 1. xSE 7"^ enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That every justice of
the peace within his jurisdiction, and every minis-

252 MARRIAGES. April 1, 1834.

Justices of the ^gj. q( (hc gospel wlthiii the Commonwealth, who

peace and mm- o i '

KTLf^so\im-' h^s been ordained according to the usage of his
mze marriages, denomination, and who is resident therein, be, and
they hereby are authorized and empowered to sol-
emnize marriages between persons who may law-
fully enter into that relation, when either of the
persons to be married belongs to, or is resident
within the jurisdiction of said justice or minister ;
but all such marriages shall be solemnized in the
city, town, or district in which the person solem-
nizing the same may reside, or within the city,
town, or district in which one or both of the per-
sons to be married may reside.
marSe'tobe Sec. 2. Bc it furthcr enacted, That all persons
threrpubifc reii- dcsiring to be joined in marriage, shall have their
|iousmeetinfirs, intentions of marriage published at three public
religious meetings, on different days, at three days
distance at least from each other exclusively, in
the city, town or district wherein they respectively
dwell, or shall have such their intentions of mar-
riage posted up, by the clerk of such city, town or
district wherein they respectively dwell, for the
space of fourteen days in some public place, within
the same city, town or district, fairly written, and
shall also produce to the justice or minister, who
may be desired to marry them, a certificate of such
publishment, under the hand of the clerk of such
city, town or district respectively, and also that
the intentions of marriage have been entered with
him fourteen days prior to the date of such certifi-
cate ; and when a male under twenty-one years,
or a female under eighteen years of age, is to be
married, the consent of the parent, guardian or
other person under whose immediate care or gov-
ernment such party is, if within the Common-
wealth, shall be first had to such marriage. And

MARRIAGES. Jpril 1, 1834. 263

in case the parties, or either of them, live in a
town, district, or other place where there shall be
no clerk, then publishment shall be made in man-
ner aforesaid, in a city, town or district next ad-
joining, and the certificate from the clerk of such
adjoining city, town or district, of such publishment,
and of the entry of their intentions of marriage as
aforesaid, shall be produced as aforesaid, previous
to their marriage.

Sec. 3. Be it further enacted, That if, at any when the banns

"^ ' ' •> of matrimony be-

time, the banns of matrimony between any persons ^^^^^n any per-

•' ■' * sons shall be ior-

shall be forbidden, and the reasons thereof, assigned bidden, dark not

' o to issue a certifi-

in writing by the person forbidding the same, be left '=^*«-
with the city, town or district clerk, he shall forbear
issuing a certificate as aforesaid, until the matter
shall have been duly inquired into and determined
before two justices of the same county, quorum
unus : provided, the person forbidding the banns,
shall, within seven days after filing the reasons as
aforesaid, apply unto two justices as aforesaid, and
procure their determination thereon, unless the said
justices shall certify unto the said clerk, that a fur-
ther time is necessary for their determination on the
reasons filed ; in which case the clerk shall forbear
issuing a certificate, until the time then certified to
be necessary shall expire, unless the justices shall
sooner determine, according to whose determina-
tion the clerk shall govern himself herein ; and if
the said justices shall determine that the reasons
assigned by the person forbidding the said banns
were not supported by the laws of the Common-
wealth, then the person so forbidding shall pay all
the cost that may have arisen in consequence of
such objection, and the said justices shall make up
judgment, and issue execution accordingly.

254 MARRIAGES. April 1, 1834.

Penalty for de- Sec. 4. Be it further enacted, That if any per-

lacing-, &c., any '^

publishment. gon shall defacG or take down any publishment in
writing, posted up as aforesaid, before the expira-
tion of the fourteen days, he shall, upon conviction
thereof, forfeit and pay a sum not less than two, or
more than twenty dollars, to the use of the person

Penalty for sol- y^ho shall prosccute thcrcfor. And if any justice of

emnizing marria- ^ . ,

ges otherwise the Dcace, Or minister, shall, otherwise than is ex-

than IS allowed •

by this act. pressly allowed and authorized by this act, join any
persons in marriage, they shall, upon conviction
thereof, severally forfeit and pay a sum not less than
fifty, nor more than one hundred dollars, one moiety
thereof to the use of the county wherein the offence
may be committed, and the other moiety to the use
of the person who shall prosecute therefor; and in
case any person whatever, not authorized and em-
powered to solemnize marriages by this act, shall
join any persons in marriage, and be convicted
thereof in any court of competent jurisdiction, upon
presentment or indictment, he shall be imprisoned
in the common jail, or confined to hard labor, for a
term not exceeding six months, or pay a fine of not
less than fifty, nor more than two hundred dollars,
to the use of the Commonwealth, at the discretion
of said court.
is'tersTo keep^a" Seg. 5. Be it fuvther cuacted^ That every justice
rfages s"oiem^^'^ and miuistcr shall make and keep a particular rec-
n'ze , c. ^^^ ^^ ^^1 ^j^^ marriages solemnized before them re-
spectively ; and, in the month of April annually,
shall make a return to the clerk of the city, town or
district in which he resides, of a certificate contain-
ing the christian and surnames, and places of res-
idence, of all the persons joined in marriage, by
them respectively, within the year then last past,
and also the time when, and the name of the city.

MARRIAGES. April 1, 1834. 265

town or district, in which such marriages were re-
spectively solemnized ; and when neither of the
persons married belongs to, or is resident in the
city, town or district, in which such justice or min-
ister resides, then such justice or minister shall also
make a like return of a certificate to the clerk of
the city, town, or district in which one or both of the
persons married may reside, within thirty days from
the solemnization of the same. And any justice or
minister who shall neglect to make such returns,
shall, upon conviction thereof, before any court of
competent jurisdiction, in the county in which he re-
sides, forfeit and pay for each neglect a sum of not
less than twenty nor more than one hundred dollars,
at the discretion of said court, one moiety thereof
to the use of said county, and the other moiety to
the use of the person who shall prosecute for the
same ; and every city, town or district clerk shall
duly and seasonably record all marriages so certified
to him as aforesaid.

Sec. 6. Be it further enacted, That all marriages Marriages soiem-

. nized by quakers

which nave been or may be solemnized among the and friends to be
people called quakers or friends, in the manner
and form used and practised in their societies, shall
be good and valid in law, any thing in this act to
the contrary notwithstanding. And the clerk or
keeper of the records of the meeting wherein such
marriages shall be solemnized, shall, in the month
of April, annually, make and deliver to the clerk
of the city, town or district in which such society
usually meet and worship, a certificate of all mar-
riages solemnized therein, during the year then last
past, as in the fifth section of this act is provided,
under the penalty of not less than twenty nor more
than one hundred dollars for each neglect, to be re-

256 MARRIAGES. April 1, 1834.

covered in the manner and to the uses^as in said fifth
section is provided.
Marriages here- Sec. 7. Be it further enactsd, That all marriages

tofore solem- i • i i r ii • u ^

nized, confirmed, betwecn pcrsons who might iawtully enter mto that
relation, heretofore solemnized by any justice or
minister, be and they hereby are confirmed and
made valid in law, although such justice or minister
may have exceeded his authority or jurisdiction.

Former acts re- Sec. 8. Be it further €7iacted, That " an act for

pealed. .

the orderly solemnization of marriages" (except the
seventhsection thereof,) passed June twenty-second,
in the year of our Lord one thousand seven hundred
and eighty-six ; also " an act repealing a certain
clause of an act for the orderly solemnization of
marriages," passed June fifteenth, in the year of our
Lord one thousand seven hundred and ninety-five ;
also, " an act explanatory of an act for the orderly
solemnization of marriages," passed January twenty-
seventh, in the year of our Lord one thousand eight
hundred and eighteen ; also an act in ex[)lanation
of an act for the orderly solemnization of marriages,
passed February twentieth, in the year of our Lord
one thousand eight hundred and eighteen, and also
" an act in further addition to the act for the order-
ly solemnization of marriages," passed February
twelfth, in the year of our Lord one thousand eight
hundred and twenty-one, be, and they are hereby
repealed : provided, however, that all marriages
confirmed by, or solemnized in pursuance of the pro-
visions of these acts, be ratified and confirmed.

Sec. 9. Be it further enacted, That no minister
who has unintentionally violated the laws now in
force, for the solemnization of marriages, shall be
subjected to any penalty or punishment for that
cause.

AGRICULTURE & MANUFAC. April 1, 1834. 257

Sec. 10. Be it further enacted, That the provis- ^kedfcTt.'*'
ions of this act shall go into operation on the first
day of May next.

[Approved by the Governor, April 1, 1834.]

CHAP. CLXXVIII.

An Act to continue in force for the further term of
five years "An Act for the encouragement of
Agriculture and Manufactures."

Sec. 1. J3E it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That " an act for the Act continued.
encouragement of agriculture and manufactures,"
passed on the twentieth day of February, in the
year of our Lord one thousand eight hundred and
nineteen, be further continued, and be in force for
five years from the twentieth day of February, in
the year of our Lord one thousand eight hundred
and thirty-four, any thing in the seventh section of
said act to the contrary notwithstanding.

Sec. 2. Be it further enacted. That the second Pa^ of former

«-' ' act repeeJed.

section of " an act to continue in force for the term
of five years an act for the encouragement of
agriculture and manufactures," passed on the twen-
ty-eighth day of February, in the year of our Lord
one thousand eight hundred and twenty-nine, is
hereby repealed.

[Approved by the Governor, April 1, 1834.]
33

258

BROAD MARSH DIKING CO. April 1, 1834.

CHAP. CLXXIX.

Proprietors in-
corporated.

May make as-
sessments for
maintaining the
said dikes.

An Act to incorporate the Broad Marsh Diking
Company in Ipswich.

Sec. 1. HK it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That the proprietors of
a tract of marsh lying in Ipswich, in the county of
Essex, known by the name of Broad Marsh, and
belonging in part to the said town of Ipswich, with
their heirs, assigns, or other legal representatives
who may become such proprietors, are hereby made
a corporation, by the name of the Broad Marsh
Diking Company in Ipswich, for the purpose of
making and keeping in repair forever such dikes
at the eastern and western ends of said marsh, as
may be necessary and sufficient to protect the same
from the sea.

Sec. 2. Be it further enacted. That the said
company are hereby empowered to raise, by an
assessment or tax, to be made and levied on all the
proprietors of said marsh lying within the dikes to
be made as aforesaid, such sum or sums for defray-
ing the charges of making and maintaining the said
dikes, as shall be agreed upon by the said company,
assembled at any legal meeting to be called for that
purpose. And such tax or assessment shall be ap-
portioned upon such proprietors according to the
number of acres or quantity of said marsh belonging
to them respectively, without regard to the quality
or value thereof.

BROAD MARSH DIKING CO. April 1, 1834. 269

Sec. 3. Be it further enacted, That if any pro- in case of non-
prietor of the said marsh shall neglect or refuse to sessmems, com-

11 J L • paiiy may sell

pay the sum or sums oi money duly assessed on nim delinquents pan

. 1 r I °^ ^'^''^ marsh.

therefor, for the space of six months alter such
monies shall have been granted, and for the space
of one month after his assessment shall have been
shown to him, or a copy thereof left at his usual
place of abode, then the said company are hereby
empowered to sell at public vendue, to the highest
bidder, so much of said delinquent proprietor's part
of said marsh as will be sufficient to pay and satisfy
the sum or sums assessed upon such delinquent
proprietor as aforesaid, and all reasonable charges
attending such sale ; notice of such sale, and of the
time and place thereof, being given by posting an
advertisement thereof in some public place in the
town of Ipswich, thirty days before the time of such
sale ; and the said company may, by their clerk,
or a committee to be chosen for that purpose, exe-
cute a good deed or deeds of conveyance of the
part of said marsh so sold unto the purchaser there-
of, to hold in fee simple : provided, nevertheless, that
the proprietor or proprietors, whose part or share
shall be sold as aforesaid, shall have liberty to re-
deem the same at any time within twelve months
after such sale, by paying the sum such part or
share sold for, and charges, together with the fur-
ther sum of six per centum on the amount produced
by such sale.

Sec. 4. Be it further enacted, That so long as overseers of
said town of Ipswich shall be proprietors of any fo°™hithemee"t-
part of said marsh, the overseers of the poor in said p°fny° ^^' *^*"""
town, for the time being, shall represent the same
in the meetings of said company, unless some other
person or persons shall be especially appointed for

260 MUNICIPAL COURT. April 1, 1834.

that object by legal vote of the inhabitants of said
town.
^ffecr^'"*°^^''^ Sec. 5. Be it further enacted, That this act shall
take effect and be in force so soon as said proprie-
tors shall signify their assent thereto, in writing, or
by voting therefor, at a meeting duly called in the
manner provided by law for the first meeting of
corporations.

[Approved by the Governor, April 1, 1834.]

CHAP. CLXXX.

An Act providing compensation for the Judge of the
Municipal Court of the City of Boston.

JdE it enacted by the Senate and House
of Representatives, in General Court assembled, and
hrcrf Led? '"^^ by the authority of the same, That, in addition to the
salary allowed to the judge of the municipal court
of the city of Boston, by said city, there shall be
paid to him from the treasury of the Commonwealth,
every quarter of a year, the sum of three hundred
and twelve dollars and fifty cents, the first quarter
to be considered as having commenced on the first
day of January last ; and that so much of the stat-
ute of eighteen hundred and thirteen, chapter one
hundred and seventy-eight, as provides for the sal-
ary of said judge, is hereby repealed : provided, that
the compensation hereby fixed may at any time be
altered or diminished by the Legislature.

[Approved by the Governor, April 1, 1834.]

NEWB'YPORT EPIS. CHURCH. April 1, 1834. 261

CHAP. CLXXXI.

An Act to incorporate the Trustees of the First
Methodist Episcopal Church in Newburyport.

Sec. 1 . i3E it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That Enoch Huse, Persons incorpo-
Charles Peabody, Benjamin Pindar, Nathaniel
Pillsbury, John Dole, Benjamin Gunnison, John
Dodge, Jr. and their successors, are hereby made
a corporation, by the name of the Trustees of the
First Methodist Episcopal Church in Newbury-
port, with all the powers and privileges, and sub-
ject to all the duties and liabilities to which similar
corporations are subject by the constitution and
laws of this Commonwealth.

Sec. 2. Be it further enacted, That said corpo- Real and person-
ration shall have power to receive, hold, and man- ^ ^^^^'
age all the property, both real and personal, be-
longing to said church; and any gift, grant, bequest
or donation, that may be made to them for the
benefit of said church, shall be held in trust for the
support and maintenance of the public worship of
God, and for the uses and purposes for which it
may be committed to them : provided, the income
thereof shall not exceed two thousand dollars :
and provided, also, that the same be appropriated
exclusively to parochial purposes.

Sec. 3. Be it further enacted, That the number Number of tms-
of trustees of said church, as aforesaid, shall not
be more than nine nor less than seven, a majority

262 PROMISES & ENGAGEMENTS. April 1, 1834.

of whom shall constitute a quorum for doing busi-
ness ; and all vacancies that may happen from
death, resignation, or otherwise, shall be filled ac-
cording to the directions given in the discipline of
the Methodist Episcopal Church.

[Approved by the Governor, April 1, 1834.]

CHAP. CLXXXIl.

An Act making a Written Memorandum necessary
to the Validity of certain Promises and Engage-
ments.

Sec. 1 . j5E it enacted by the Senate and House

of Representatives^ in General Court assembled, and

deu,ik^^luac. by the authority of the same, That in actions of

or promise by debt, Or upoH the casc, grounded on any smiple

■words, not to be , ^ 111 , • 1 j

deemed suffi- contract, 110 acknowledgment or promise, by words

cient evidence ofi 1111 1 1 m • . ■ ^ r

a new contract, ouly, shali bc dccmcd suiiicient evidence oi a new
or continuing contract, whereby to take any case
out of the operation of the " act for the limitation
of personal actions, and for avoiding suits at law,"
passed on the thirteenth day of February, in the
year of our Lord one thousand seven hundred and
eighty-seven ; or to deprive any party of the ben-
efit thereof, unless such acknowledgment or prom-
ise shall be made or contained by or in some
writing signed by the party chargeable thereby ;
and that where there shall be two or more joint
contractors or executors, or administrators of any
contractor, no such joint contractor, executor or

PROMISES & ENGAGEMENTS. April 1, 1834. 263

administrator, shall lose the benefit of the act above
mentioned, so as to be chargeable in respect or by
reason only of any written acknowledgment or
promise made and signed by any other or others of
them. Provided, always, that nothing herein con- Proviso.
tained shall alter, or take away, or lessen the effect
of any payment of any principal or interest made
by any person whomsoever : provided, also, that in
actions to be commenced against two or more such
joint contractors, or executors, or administrators,
if it shall appear at the trial, or otherwise, that the
plaintiff, though barred by the act above mentioned,
or this act, as to one or more of such joint con-
tractors, or executors, or administrators, shall,
nevertheless, be entitled to recover against any
other, or others, of the defendants, by virtue of a
new acknowledgment or promise, or otherwise,
judgment may be given for the plaintiff as to such
defendant or defendants, against whom he shall
recover, and for the other defendant or defendants
against the plaintiff.

Sec. 2. Be it further enacted, That if any de- pieas in abate-
fendant or defendants, in any action on any sim-
ple contract, shall plead any matter in abatement,
to the effect that any other person or persons
ought to be jointly sued, and issue be joined on
such plea, and it shall appear at the trial that the
action could not, by reason of the act above men-
tioned, or this act, be maintained against the other
person or persons named in such plea, or of any of
them, the issue joined on such plea shall be found
against the party pleading the same.

Sec. 3. Be it further enacted, That no endorse- Payments made

*^ . upon promissory

ment or memorandum of any payment, written or notes, &c.
made after the time appointed for this act to take

264 PROMISES & ENGAGEMENTS. April 1, 1834.

effect, upon any promissory note, bill of exchange,
or other writing, by or on behalf of the party to
whom such payment shall be made, or purport to
be made, shall be deemed sufficient proof of such
payment, so as to take the case out of the opera-
tion of either of said acts.
Act to apply to ggc. 4. Be it further enacted, That the act first

the case of any ^ '

debtaiiedgedby abovc mentioned, and this act, shall be deemed

way 01 set-on, ' '

*^c. and taken to apply to the case of any debt on sim-

ple contract alleged by way of set-off on the part
of any defendant, either by plea, filing, or other-
wise.

No action to be g^c. 5. Be it further enacted, That no action

brought unless ^ '

representationbe §^^11 bc brought wherebv to chargc any person

made in writing. " j o j r

upon or by reason of any representation or assur-
ance made or given concerning or relating to the
character, conduct, credit, ability, trade or dealings
of any other person, to the intent or purpose that
such person may obtain credit, money, or goods
thereupon, unless such representation or assurance
be made in writing, signed by the party to be
charged therewith.
fakedTecl.*" ^^c. 6. Be it further enacted, That this act

shall commence and take effect on the first day of
October next, and shall never be so construed as
to have any retrospective operation.

[Approved by the Governor, April 1, 1834.]

PARISHES & REL. FREEDOM. April 1, 1834. 266

CHAP. CLXXXni.

An Act relating to Parishes and Religious Freedom.

Sec. 1. X>E it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That all the rights, Privileges and

. ., - . . . /• t 1 • 1 immunities con-

privileges, and immunities or the several parishes firmed, &c.
and religious societies within this Commonwealth,
whether corporate or unincorporate, are hereby
confirmed unto them, except so far as the same
may be limited or modified by the provisions of this
act, or the eleventh article of the amendments to
the constitution. And the respective churches
connected and associated in public worship with
such parishes and religious societies, shall at all
times have, use, exercise and enjoy, all their ac-
customed privileges, and liberties, respecting divine
worship, church order and discipline, and shall be
encouraged in the peaceable and regular enjoy-
ment and practice thereof.

Sec. 2. Be it further enacted, That all persons Members.
now belonging to any parish or religious society
shall be taken and held to be members thereof,
until they shall file with the clerk of such parish
or society, a written notice declaring the dissolu-
tion of their membership. And no person shall
hereafter become or be made a member of any
parish or religious society, so as to be liable to be
taxed therein for the support of public worship, or
for other parish charges, without his express con-
sent for that purpose first had and obtained.
34

266 PARISHES & REL. FREEDOM. April 1, 1834.

Bylaws, &c. Sec. 3. Be it further enacted, That the several

parishes and reHgious societies, at any legal meet-
ing for that purpose, duly notified and warned,
may make, ordain, and establish by-laws, prescrib-
ing the manner in which persons may become
members thereof ; and such other by-laws as they
may deem expedient : provided, that such by-laws
be not repugnant to the laws and constitution of
the Commonwealth : and provided, also, that any
person, who at the time of the passage of this act,
shall be an inhabitant of any territorial parish, and
not a member thereof, but who may formerly have
been a member of the same, shall at any time
within six months from the passage of this act,
have a right to re-unite himself to such parish, by
leaving with the clerk thereof a written notice of
his intentions so to do. And anv inhabitant of
such territorial parish, upon arriving at full age,
shall have a right to become a member of the same,
by filing notice of his intentions as aforesaid, with-
in six months from the time such inhabitant shall
arrive at full age. And no person shall have a
right to vote in the affairs of any territorial parish,
until he shall have been a member thereof for the
term of six months.

Sums voted to Sec. 4. Be it further enacted, That the several

be raised, how . i i • • • •

assessed. parishcs and mcorporated religious societies are

hereby authorized to cause all sums of money, by
them legally voted to be raised for the support of
public worship, or for other lawful parish charges,
to be assessed on the polls and estates of all the
members thereof, in the same manner and propor-
tion as state, county, or town taxes, are or shall be
by law assessed : provided, that nothing in this
act contained, shall be construed to enlarge or

PARISHES & REL. FREEDOM. April 1, 1834. 267

diminish the powers of taxation, enjoyed by any
parish or religious society by virtue of any special
law, or act of incorporation ; and that no manu-
facturing or other corporation shall be liable to
taxation for any parochial purposes, unless such
corporation shall consent to be so taxed by a vote
passed at a legal meeting thereof, called for that
purpose.

Sec. 5. Be it further enacted, That in case any Power to man-
donation, gift or grant, shall hereafter be made to improve doua-

. . . tions, &,c.

any unmcorporated religious society, such society
shall have like power to manage, use, and improve
the same, according to the terms and conditions
on which the same may be made, as incorporated
societies now have, or may hereafter have by law ;
to elect suitable trustees, agents or officers there-
for, and to prosecute and sue, for any right which
may vest in such society, in consequence of such
donation, gift or grant.

Sec. 6. Be it further enacted, That any parish organization.
or religious society, may organize itself agreeably to
the statute of seventeen hundred and ninety-eight,
chapter ten, entitled " an act regulating parishes and
precincts, and the officers thereof," and the several
acts in addition thereto. And any justice of the
peace, within the county in which any parish or re-
ligious society may be, which is not organized,
agreeably to said acts, is hereby authorized, upon
application in writing therefor, by any ten or more
of the legal voters thereof, to issue his warrant for
calling the first meeting of the same. And such First meeting.
justice shall insert in his warrant the objects of such
meeting, and shall direct the same to some one of
such applicants, requiring him to notify and warn the
legal voters of such parish or religious society, to

268

PARISHES & REL. FREEDOM. April 1, 1834.

Powers, privi-
leges, &c.

Duty of asses-
sors.

meet at such time and place as shall be appointed in
such warrant ; and upon due return thereof, suchjus-
tice shall preside at such meeting, for the choice and
qualification of a clerk, who shall enter, at large,
upon the records of such parish or religious society,
the proceedings had in the organization thereof.
And such parish or religious society may thereupon
proceed to choose a moderator and all such officers,
and transact all such business, as parishes are by law
authorized to choose and transact, in the months of
March and April, annually : provided, that the sub-
ject matter thereof shall be inserted in said warrant.
Sec. 7. Be it further enacted, That any parish
or religious society, organized agreeably to the pro-
visions herein contained, shall have all the powers
and privileges, and be subject to all the duties, lia-
bilities and requirements which incorporated parishes
not territorial now have, or are subjected to, or may
hereafter have or be subjected to by the general laws
of this Commonwealth, with power to have, hold,
manage and improve, so much estate, real or person-
al, as may be necessary for the appropriate objects
of such organization and no more : provided, that all
the powers derived from any such organization, may
at any time be revoked by the legislature. And at
all legal meetings of parishes and religious societies,
the qualifications of voters shall be the same as are
now required by law for voters in town affairs.

Sec. 8. Be it further enacted. That it shall be
the duty of the assessors of parishes and religious
societies, in assessing or levying taxes for the sup-
port of public worship, and all charges incident
thereto, to assess or levy the same upon all the pro-
perty, both real and personal, (not exempted by law
from taxation) of all the members thereof, wherever

PARISHES & REL. FREEDOM. April 1, 1834. 269

the same may be situated within the Commonwealth,
and no citizen shall be assessed or liable to pay any
tax for the support of public worship or other parish
charges, to any parish or religious society whatever,
other than to that of which he is a member.

Sec. 9. Be it further enacted, That the sixth sec- Former acts re

. . • r pealed.

tion of " an act providing for the due observation of
the Lord's day, and repealing the several laws here-
tofore made for that purpose," passed the eighth
day of March, in the year of our Lord one thousand
seven hundred and ninety-two : — also, " an act pro-
viding for the public worship of God, and other pur-
poses therein mentioned, and for repealing the laws
heretofore made relating to this subject," passed on
the fourth day of March, in the year of our Lord one
thousand eight hundred : also, all laws providing for
the settlement of ministers, and the support of the
{lublic worship of God, made prior to the adoption of
the constitution of this Commonwealth : also, " an
act respecting public worship and religious freedom,"
passed the eighteenth day of June, in the year of
our Lord one thousand eight hundred and eleven :
also, " an act in addition to an act entitled an act
respecting public worship and religious freedom,"
passed on the sixteenth day of February, in the year
of our Lord one thousand eight hundred and twenty-
four, are hereby repealed, saving and excepting any
rights or liabilities that may heretofore have arisen
or accrued by virtue thereof.

[Approved by the Governor, April 1, 1834.]

270

POUNDS.

April 1, 1834.

CHAP. CLXXXIV.

Pounds to be
maintained in
each town.

An Act for the Maintenance of Pounds, and con-
cerning the Impounding of Cattle.

Sec. 1. JDE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That there shall be
provided and maintained in each town, at its pro-
per cost and charges, a sufficient pound or pounds,
in such place or places therein as the town shall
direct or have directed ; and each town shall, also,
annually appoint a suitable person to keep each
pound, wherein swine, sheep, horses, asses, mules,
goats and neat cattle may be restrained and kept,
for the causes hereinafter mentioned ; and any
town that shall neglect to provide or maintain such
pound, for the space of three months, shall forfeit
and pay to the use of the county in which such
town is situated, fifty dollars, to be recovered by
indictment in any court competent to try the same.
Towns liable to §£€. 2. Beit further cnttcted, That all pounds

indictment for ./ ' r

the insufficiency which are at present maintained by any town,

of pound, t^ J J J

shall be deemed to be pounds within the mean-
ing of this act until others shall be provided in
their stead, except that towns shall be liable to
indictment and forfeiture as aforesaid, for the in-
sufficiency thereof ; and all pound-keepers and
field drivers heretofore legally appointed or cho-
sen shall hold their respective offices until others
shall be chosen and sworn in their stead.

Sec 3. Be it further enacted, That there shall

POUNDS. April 1, 1834. 271

be chosen, at the annual meeting for the choice of ^j^gj Ji^^^gg"'
town ofhcers, in each town, two or more persons
for field drivers, who shall be sworn to the faithful
performance of their trust.

Sec. 4. Be it further enacted. That the field Fieia drivers au-

*^ ' ihorized to im-

drivers aforesaid, within the limits of their respect- pound cattie,&c.

' *■ going at large.

ive towns, are hereby severally authorized and
required to take up, at any time, any swine, sheep,
horses, asses, mules, goats or neat cattle, going at
large in the public highways or town ways, or on
common and unimproved lands, and not under the
care of a keeper, and restrain them in either of
the pounds in such town, until the owner shall
pay for the use of the field driver, fifty cents per
head for all such horses, asses, mules or neat cat-
tle, and ten cents per head for all sheep and swine,
together vv'ith four cents per head for all animals
of either description, besides the expense of keep-
ing them, to the pound-keeper, whose duty it shall
be to furnish them with suitable food and water :
provided, that if the number of sheep so taken up
shall exceed ten, said owner shall pay but seven
cents per head to the field drivers, and two cents
per head to the pound-keeper, who shall have care
of the pound in which they may be restrained.

Sec. 5. Be it further enacted, That any per- Persons sustain-

"^ _ ^ i. jng injury in

son who shall suflfer an injury in his land by sheep, their land by

** •' J 1 sheep, &c. may

swine, horses, asses, mules, goats or neat cattle maintain an ac-

' ' ' ' «= tion against the

belonging to another, unless the owner thereof owner of the

^ ° same.

shall be in possession of contiguous land, from
which such animals shall have escaped through the
neglect of the person injured to maintain his part
of the division fence, may have and maintain an
action of trespass quare clausum fregit against the
owner of the same for his damages ; or he may

272 POUNDS. ^/?n7 1,1834.

impound and restrain the creatures doing the dam-
age, or some of them, at his election, in one of the
town pounds, or in some other place under his
immediate care and inspection, as may be most
convenient for relieving them with food and water,
which relief it shall be the duty of the person im-
pounding, suitably to furnish or cause to be fur-
nished during their confinement. And the crea-
tures so impounded shall be restrained until the
owner or owners thereof shall pay the amount of
damages sustained by the trespass, the expense of
keeping said creatures and of advertising the same,
if the same shall be advertised as is hereinafter
provided, and the fees of the pound-keeper, if the
impounding shall be in a public pound. And the
person so impounding shall on demand state the
amount of the damages and expenses which shall
be claimed by him, and in case the animals shall
be restrained in a town pound, he shall thereupon
leave with the keeper thereof a statement of his
claim for damages.
Persons im- Sec. 6. Be it further enacted, That whenever

pounding crea- .

tures, to notify a^v of thc aforcsald creatures shall be impounded

the owner of the •' .

same. for either of the causes aforesaid, the person so im-

pounding them, shall, within twenty-four hours
thereof, cause the owner or owners of said animals,
or the person having the care of them, if known,
and living within six miles from the place of im-
pounding, to be notified of the fact, and of the
place where said creatures shall be impounded,
together with the cause thereof, which notification
being delivered to the owner or keeper of said cat-
tle or left at the usual place of abode of either of

When the owner them, shall be sufficient. And when the owner of

is unknown. , . i i i i • i

the creatures impounded, or the person havmg the

POUNDS. April i, 1834. 273

care of them, shall be unknown, or shall live more
than six miles from the place of impounding, the
person impounding them shall cause a notification
thereof to be posted up, within twentj-four hours
from the time of impounding, in a public place in
the same town or district, and also in two adjoin-
ing towns or districts : provided, the distance to a
public place in such adjoining towns shall not ex-
ceed four miles, and if the value of the creatures
taken up shall exceed ten dollars, the said person
shall also cause such notification to be published
three weeks successively in a public newspaper in
the county where the same shall be taken up •
provided, a newspaper shall be published therein.
And if the owner or person entitled to said animals creatures may

111 . , . ^ ^ r 1 • ^® ^°'^ ^^ public

shall not appear withm fourteen days from the time vendue, &c.
when said notice shall have been given, and pay
all fees which shall be due on account of the im-
pounding of said animals, the expenses of keeping
and advertising the same, and the amount of dam-
ages sustained, in case the said animals shall be
impounded for damage done by them, the person
impounding may sell or cause to be sold the crea-
ture or creatures impounded, at public vendue, to
the highest bidder, notice of such sale being post-
ed up at some public place within said town or
district, twenty-four hours before the time of sale.
And the proceeds of such sale, after paying all
damage, costs of impounding, keeping, advertising
and selling, shall be deposited in the treasury of
the same town or district, for the use of the owner
of said animals, who shall be entitled to the same,
in case he shall substantiate his claim thereto
within two years from such sale. And the amount
' of said damages, costs and expenses, shall be ap-
35

274 POUNDS. April 1, 1834.

praised by two disinterested and disrreet persons,
who shall be chosen and sworn to the faithful dis-
charge of said duty by the clerk of said town or
district, or by any justice of the peace, in the
county in which such sale shall be made. And the
said appraisers may receive from the proceeds of
said sale a reasonable compensation for their ser-
vices, to be included in the costs aforesaid. And
the same proceedings shall be had to ascertain the
amount of damages, costs and expenses, on the
application of the owner of animals impounded,
whenever he shall be dissatisfied with the claim of
the person impounding.

ma'tiakrany Sec. 7. Be it further enacted, That if any of

cued"'^''^ '*'*' <^'^6 creatures impounded as aforesaid shall escape,
or shall be rescued out of the custody of the pound-
keeper, or person impounding, the said pound-
keeper and field-driver, or other person impounding,
shall have authority to re-take and hold the same,
and dispose thereof, as if no such escape or rescue
had taken place.

cuinl^Ly'^crea- Sec. 8. Be it furthcr enacted, That if any per-
son shall rescue, from any field-driver or person
impounding, or from any pound-keeper, any of the
foregoing description of animals lawfully in the
custody of such field-driver, person impounding, or
pound-keeper, the individual so offending shall for-
feit and pay a sum not less than five, nor more than
thirty dollars, to be recovered by indictment in any
court competent to try the same, and shall also be
liable, in an action of the case, at the suit of any
person injured, to respond all damages which such

Penally for in- person shall havo sustained thereby. And if any

juring pound. * j j

person shall wilfully injure any pound kept and
maintained by any town or district, such person

POUNDS. ' April 1, 1834. 275

shall be punished by fine not exceeding fifty dollars,
or by imprisonment in the common gaol not ex-
ceeding ninety days, at the discretion of the court
before which the trial shall be had.

Sec. 9. Be it further enacted, That the act of former acts re-
the year seventeen hundred and eighty-eight, chap-
ter fifty-six, entitled " an act for regulating swine,"
the act of the same year, chapter sixty-five, enti-
tled " an act declaring the causes for which cattle
may be impounded, the manner how they shall be
proceeded with in such cases, and for preventing
rescue and pound breach," the act of the year
sfivfintfifin hnndrpfl and ninety-six, chapter seventy,
entitled " an act for the amendment of an act for
regulating swine, made and passed on the thirteenth
day of February, in the year of our Lord one thou-
sand seven hundred and eighty-nine, the act of
the year seventeen hundred and eighty-eight, chap-
ter forty-four, entitled " an act to prevent damage
by horses going at large," and the act of seventeen
hundred and ninety-three, chapter nineteen, in ad-
dition thereto, the act of seventeen hundred and
ninety-nine, chapter sixty-one, entitled " an act
empowering towns to restrain cattle from running
at large within their several limits," and the several
acts in addition thereto, are hereby repealed, sav-
ing and excepting all vested rights which may have
been obtained under said acts.

[Approved by the Governor, April 1, 1834.]

276 SOUTH WHARF CORP. April 1, 1834.

CHAP. CLXXXV.

An Act to incorporate the South Wharf Corpora-
tion in the City of Boston.

Sec. 1. t>E 1^ enacted by the Senate and House
of Representatives, in General Court assembled, and

Persons incorpo- j^ ^j^^ authority of the Same, That William Wright,
Abraham A. Dame, their associates and successors,
are hereby created a body corporate, by the name
of the South Wharf Corporation, and as such shall
have all the powers and privileges, and be subject
to all the restrictions and limitations contained in
the eighty-third chapter of the statutes of eighteen
hundred and thirty-three ; and said corporation may
hold real estate to any amount not exceeding in
value three hundred thousand dollars, and personal
estate not exceeding in value thirty thousand dollars.

Corporation-may g^^.^ 2. Be it furthtr enacted. That said corpo-

nola and possess i/ ' r

land, &c. ration shall have authority to purchase, hold and
possess, in fee simple or otherwise, any part of, or
all the land, wharves and docks, lying upon the
easterly side of Sea street, near the end of the free
bridge, in Boston, and extending therefrom north-
erly not more than six hundred feet, — and also, such
quantity of land and flats lying upon the opposite
side of said street, as said corporation shall acquire
by purchase of the rightful and lawful owners : pro-
vided, the whole quantity so purchased shall not ex-
ceed four hundred thousand square feet. And said
corporation shall have power to sell and convey,
lease, mortgage, improve, or in any way dispose of

certain .

SOUTH WHARF CORP. April 1, 1834. 277

its corporate property, or any part thereof, in such
manner as the interest of said corporation may re-
quire ; and may fill up and make solid ground of its
flats, and lay out streets, under the sanction of the
mayor and aldermen of the city of Boston, and may
erect storehouses and other buildings on said land,
and repair, maintain, and improve its whole corpo-
rate property in such manner as may be most for
the interest of said corporation : provided, however,
that said corporation shall not so use or improve
said corporate property as to encroach upon, or in
any possible way to affect or interfere with the legal
rights of the South Cove Corporation, the city of
Boston, the Commonwealth, or any other person or
corporation whatever.

Sec 3. Be it further enacted. That said corpo- No. of shares.
ration may, at any legal meeting, agree upon the
number of shares into which its corporate property
and estate shall be divided, and upon the form of
certificates of shares to be issued to the proprietors
of the stock, and upon the manner and condition of
transferring the same ; which shares shall be deem-
ed and held as personal property. And said cor-
poration shall have power to assess, from time to Assessments.
time, upon said shares, such sums of money as may
be deemed necessary for making the improvements
aforesaid ; and may sell the shares of delinquent pro-
prietors for the payment of assessments, in such
manner as said corporation may by its by-laws de-
termine : provided, however, that no share in said
corporation shall ever be assessed to a greater
amount in all than one hundred dollars.

Sec. 4. Be it further enacted. That, at all meet- votes.
ings of said corporation, the proprietors present shall
be entitled to as many votes as they shall respec-

278 FRAUD & EMBEZZLEMENT. April 1, 1834.

tively hold shares in said corporation ; and absent
members may vote by proxy authorized in writing.

[Approved by the Governor, April 1, 1834.]

CHAP. CLXXXVI.

An Act for the further Prevention of Fraud and
Embezzlement.

Sec. 1. X3E {^ enacted by the Senate and House

of Representatives, in General Court assembled, and

Clerk or servant f^y fji^ authoritv of the Same, That if any clerk or

who shall em- J %/ ^ ' J

bezzie property scrvaut, or anypersou employed for the purpose,

received by him ' J t v J i i '

on account of Qr in the capacity of a clerk or servant, shall, by

his master, to be I •' ' ' y

^^^^JJ^^'* ^''^y °^ virtue of such employment, receive or take into
his possession any chattel, money, or valuable
security, for or in the name or on the account of
his master, and shall fraudulently embezzle the
same, or any part thereof, every such offender shall
be deemed to have feloniously stolen the same
from his master, although such chattel, money, or
security was not received into the possession of
such master otherwise than by the actual posses-
sion of his clerk, servant, or other person so em-
ployed.
No. of acts that Sec. 2. Be it further enacted, That it shall be
huhe indictment, lavvful to charge in the indictment, and proceed
against the offender for any number of distinct acts
of embezzlement, not exceeding three, which may
have been committed by him against the same
master, within the space of six calendar months

FRAUD & EMBEZZLEMENT. April 1, 1834. 279

from the first to the last of such acts ; and in
every such indictment, except where the offence
shall relate to any chattel, it shall be sufficient to
alledge the embezzlement to be of money, without
specifying any particular coin or valuable security ;
and such allegation, so far as regards the descrip-
tion of the property, shall be sustained, if the
offender shall be proved to have embezzled any
amount, although the particular species of coin, or
valuable security, or any portion of the value
thereof, of which such amount was composed, shall
not be proved ; or if he shall be proved to have
embezzled any piece of coin, or any valuable secu-
rity, or any portion of the value thereof, although
such piece of coin or valuable security may have
been delivered to him in order that some part of
the value thereof should be returned to the party
delivering the same, and such part shall have been
returned accordingly.

Sec. 3. Be it further enacted, That any person fhaii embezJie^"
not included in the foregoing sections of this act, frS'^o'^him, to
who shall be entrusted by another with property ^j^fjony!'^^"''^^
which now is, or hereafter shall be, by law, the
subject of larceny, who shall embezzle, or fraudu-
lently convert the same or any part thereof to his
own use, or shall secrete the same, or any part
thereof, with intent to convert the same to his own
use, and every person aiding therein, shall be
deemed, in so doing, to have feloniously stolen the
same, and shall, on conviction thereof, be punish-
ed as in other cases of larceny, where the property
is of the same kind and value.

[Approved by the Governor, April 1, 1834]

280 SEPULCHRES OF THE DEAD. Aprill, 1834.

CHAP. CLXXXVH.

An Act in addition to " An Act more effectually to
Protect the Sepulchres of the Dead, and to Le-
galize the Study of Anatomy in certain cases."

Sec. 1. -t>E it enacted by the Senate and House
of Representatives, in General Court assembled, and
?oT\o°^be' ctn- by the authority of the same, That hereafter it shall
anTburiaf'""^'' HOt bc lawful to locatc or construct any rail road,
ground. canal, turnpike, highway, townway, or public ease-

ment whatsoever, in, upon, or through any enclo-
sure used or appropriated for the burial of the dead,
without authority to that effect, specially granted
by law, or the consent of the inhabitants of the
Penalty. town wlicrc such cnclosurc is situated ; and any

person offending against the foregoing provisions,
shall be subject to indictment in any court compe-
tent to try the same, and to imprisonment for a
term not exceeding one year, or a fine, to the use
of the Commonwealth, not exceeding two thousand
dollars, or both of said punishments, at the discre-
tion of the court trying the same, and according to
the nature and aggravation of the offence. Pro-
vided, nevertheless, that the enactment shall not ap-
ply to any such rail road or other public easement
already located.
Penalty for de- §£€. 2. Be it further enacted. That if any per-

lacing tomb, -^ •' i

monument, &c. SOU shall wilfuUy dcstroy, mutilate, deface, injure
or remove any tomb, monument, grave-stone, or
other structure placed in memory of the dead; or
any fence, railing, or other curb for the protection

SEPULCHRES OF THE DEAD. April 1, 1834. 281

or ornament of any tomb, monument, grave-stone,
or other structure aforesaid, or of any enclosure for
the burial of the dead; or shall wilfully destroy, re-
move, cut, break or injure any tree or shrub, placed
for ornament within the limits of any such enclos-
ure ; such person so (jffending shall forfeit and pay,
to the use of the Commonwealth, a. sum not less
than ten, nor more than five hundred dollars, to be
recovered by indictment in any court competent to
try the same.

Sec. 3. Be it further enacted, That it shall be Board of health,

' &c. may surren-

lawful for the board of health, overseers of the poor, der to physicians

^ the bodies of per-

and selectmen of any town in this Commonwealth, fO"s liabictobe

'' buried at the

and for the directors of the house of industry, board puwic expense.
of health, overseers of the poor, or mayor and alder-
men of the city of Boston, to surrender the dead
bodies of such persons as it may be required to bury
at the public expense, to any regular physician, duly
licensed according to the laws of this Commonwealth,
to be by said physician used for the advancement of
anatomical science ; preference being always given
to the medical schools that now are, or hereafter
may be by law established in this Commonwealth,
during such portion of the year as such schools, or
either of them, may require subjects for the instruc-
tion of medical students : provided, nevertheless, that proviso.
no such dead body shall in any case be so surrender-
ed, if within twenty-four hours from the time of its
death, any person claiming to be kin or friend to the
deceased, shall require to have said body inter-
red : or if such dead body shall be the remains of a
stranger, or traveller, who suddenly died before
making known who or whence he was ; but said
dead body shall be interred, and when so interred,
any person disinterring the same, for purposes of
S6

282 SEPULCHRES OF THE DEAD. April 1, 1834.

dissection, or being accessary thereto, shall be liable
to the punishment provided in the jfirst section of
the act to which this is an addition. And provide d,
further, that every physician so receiving any such
dead body, before it shall be lawful to deliver the
same to him, shall in each case give to the mayor
and aldermen of the city of Boston, or to the select-
men of any town of this Commonwealth, as the case
may require, a good and sufficient bond, that each
body so by him received, shall be used only for the
promotion of anatomical science, and that it shall be
used for such purpose within this Commonwealth
only, and so as in no event to outrage the public
feeling ; and that, after having been so used, the re-
mains thereof shall be decently interred.
su°rendr°ecnn^ Sec. 4. Bc it fwther enacted, That the body of

certain cases. ^ • i • i • i i i. • i

no person, requesting during his or her last sickness
to be interred, shall be surrendered under the pro-
visions of the third section of this act.
TcTlef/aieT' Sec. 5. Bc it further enacted, That the third sec-
tion of the act to which this is in addition, is hereby
repealed.

[Approved by the Governor, April 1, 1834.]

PEOPLE'S BANK. April 1, 1834. 283

CHAP. CLXXXVIII.

An Act to Reduce the Capital Stock of the Peo-
ple's Bank.

Sec. 1. LjE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That, from and after ^g£Ij^^°*^^
the first day of May next, the capital stock of the
corporation created by an act passed on the twen-
ty-fifth day of March, in the year of our Lord
one thousand eight hundred and thirty-three, by
the name of the president, directors and company
of the People's Bank, be, and the same is hereby
reduced to the sum of one hundred thousand
dollars.

Sec. 2. ^e ii/wr^/ier ewade^?, That the number No. of shares to

. remain the same.

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

Sec. 3. Be it further enacted, That no dividend No dividend to

. be made, &c.

of the capital stock of said bank, as now existing, ^

shall be made until it shall have been proved to the
satisfaction of the governor and council, or of com-
missioners by them appointed at the expense of
said corporation, that the sum to which the said
capital stock is to be reduced, is sufficient to pa}
all notes in circulation, and all deposites and other
demands existing against said corporation ; and
that nothing contained in this act shall be con-
strued to affect the liability of the corporation, or
of the individual stockholders, as established by
the act incorporating said bank, or by any other

284 ACTIONS AT LAW. April 1, 1834.

existing law. And said corporation shall be holden
to pay into the treasury of this Commonwealth
their proportion of the tax now required to be paid
by law upon the existing capital of said bank, until
the same shall be reduced as aforesaid, and all
arrearages of taxes paid.

[Approved by the Governor, April 1, 1834.]

CHAP. CLXXXIX.

An Act in addition to " An Act concerning Parties
in Actions at Law."

jL>E it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That if in any action
founded on debt or contract now pending, or which
may hereafter be brought against two or more de-
fendants, it shall appear at any time before final
judgment therein, that any of the defendants was
not a party to such contract, he shall be discharg-
ed therefrom, and shall be entitled to judgment for
the like costs in the discretion of the court, as if
the plaintiff had become nonsuit in said action,
and the plaintiff shall thereupon be entitled to re-
cover against any other defendant or defendants in
such action, in the same manner as if such action
had originally been brought against such other de-
fendant or defendants only.

[Approved by the Governor, April 1, 1834.]

INSTITUTIONS FOR SAVINGS. Jpril2, 1854. 285

CHAP. CXC.

An Act to Regulate Institutions for Savings.

Sec. 1. JiSE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That all savings banks Powers, &c.
or institutions for savings, which now do, or nnay
hereafter exist, by virtue of any statute of this
Commonwealth, shall be corporations possessed of
the powers and functions conferred by law upon
corporations generally ; and shall be governed by
the rules, and subject to the duties, restrictions, lia-
bilities and other provisions, contained in this act^

Sec. 2. Be it further enacted, That the officers
of every such corporation shall consist of a presi-
dent, treasurer, and such number of trustees or
managers, as the corporation shall agree upon,
together with such other officers as may be found
needful for the orderly management of the affairs
of such corporation.

Sec 3. Be it further enacted. That the officers officers when

"^ chosen.

aforesaid, shall be chosen at regular annual meet-
ings of such corporations to be holden at such time
as the by-laws thereof may direct, except the treasu-
rer, who shall be appointed by the managers or trus-
tees, and hold his office during their pleasure, and
except, also, that in case of any office becoming va-
cant during the year, the managers or trustees may
appoint a person or persons to fill the same until the
same be regularly filled at the next annual meeting.
And all the officers shall be duly sworn or affirmed

286

INSTITUTIONS FOR SAVINGS. April 2, 1834.

to the faithful discharge of their respective duties,
and shall hold their several offices until others are
chosen or qualified in their stead ; and the treas-
urer shall also give bond, to the satisfaction of the
managers or trustees, for the faithful discharge of
his duties as treasurer.

Meetings. Sec. 4. Be it further enacted, That in addition

to the regular annual meetings of such corporations,
special meetings thereof, may be holden at any
time, on due notice, by order of the trustees or
managers thereof; and it shall be the duty of the
treasurer to notify a special meeting, at the requi-
sition in writing of any ten members of the corpo-
ration ; notice of all such meetings to be given by
public advertisement in some newspaper of the
town or county where the corporation is establish-
ed, or if there be no newspaper in such town or
county, then in some newspaper of the city of
Boston.

Members. Sec. 5. Be it further enacted, That every such

corporation shall have power, at meetings legally
holden, to elect by ballot any citizen of this Com-
monwealth to be a member thereof; and any mem-
ber may withdraw from, and cease to be a member
of such corporation, by filing a written notice of
such intent with the treasurer of the corporation,
three months at least, before the regular annual
meeting ; and every member shall cease to be such
on removing out of the Commonwealth.

Deposites. Sec. 6. Bc it further enacted, That every such

corporation may receive on deposite all suras of
money offered for that purpose : provided, that it
shall not hold at the same time more than one thous-
and dollars from any one depositor, other than a re-
ligious or charitable corporation : — said sums of

INSTITUTIONS FOR SAVINGS. April 2, 1834. 287

money to be invested, used, and improved for the
benefit of said depositors.

Sec. 7. Be it further enacted, That all depos- oeposites, how

^ _ *■ to be invested.

ites may be invested in the stock of any bank, incor-
porated by a law of this Commonwealth, or of the
United States : provided, that the whole amount of
investment or security in any one bank shall not ex-
ceed one half the capital stock of said bank ; or said
deposites may be deposited in any such bank on
time and interest ; or said deposites may be invest-
ed in bonds or notes with collateral security of any
such bank stock at not more than ninety per centum
of its par value ; or they may be invested in mort-
gages of real estate, not exceeding in the aggregate,
three quarters of the whole amount of monies held
on deposite by said corporation ; or in public funds
of this Commonwealth, or of the United States,
whether by direct investment, or by conveyance of
the property in such funds as collateral security for
a loan at their par value ; or in loans to any county,
city, or town in this Commonwealth.

Sec. 8. Be it further enacted. That if the monies Monies may be

- . , , . , loaned on bonds.

held on deposite by any such corporation cannot be
conveniently invested in any or all of the modes of
investment herein before prescribed, then it shall be
lawful to loan, not exceeding one fourth part of the
amount thereof, on bonds or other personal securi-
ties, with at least one principal, and two surety
promissors : provided, that all such parties shall be
citizens of this Commonwealth.

Seg. 9. Be it further enacted, That no officers officers not to

- , . 'Ill -I borrow any por-

or committee of such corporation, specially charged tionofthede-
with the duty of investing the deposites, shall bor- ^°"^''
row any portion thereof, or use the same, except in
payment of the expenses of the corporation.

288 INSTITUTIONS FOR SAVINGS. April 2, 1834.

Income, how to Sec. 10. Be it further enacted, That the income

be divided. '^

or profit of all deposites shall be divided among the
depositors, their executors, administrators, assigns,
or other legal representatives, in just proportion,
with deduction of all reasonable expenses incurred
in the management thereof; and the principal de-
posites may be withdrawn at such time, or in such
form, as the corporation shall, in its by-laws, direct
and appoint.
make'retura. Sec. 11. Be it furthcr cnacted, That the treas-

urer of every such corporation shall, in every year,
make return of the state thereof, as it was at two
o'clock in the afternoon of the last Saturday of some
preceding month, to be prescribed by the governor,
which return shall be made to the secretary of the
Commonwealth, within fifteen days after an order
to that effect ; and said return shall specify the fol-
lowing particulars, namely :

Number of depositors.

Total amount of deposites.

Amount invested in bank stock.

Amount deposited in banks on interest.

Amount secured by bank stock.

Amount invested in public funds.

Loans on mortgages of real estate.

Loans to county, city, or town.

Loans on personal securities.

Amount of cash on hand.

Total dividends for the year.

Annual expenses of the institution.

All which shall be certified and sworn to, or af-
firmed by the treasurer ; and five or more of the
trustees or managers of such corporation shall also
certify and make oath or affimation that the same
is correct, according to their best knowledge and

CAMBRIDGE INS. FOR SAV. April 2, 1834. 289

belief. And blank forms of such return shall be
furnished said corporation by the secretary of the
Commonwealth, who shall prepare suitable yearly
abstracts thereof, to be laid by the governor before
the general court.

Sec. 12. Be it further enacted, That the general General court

«-' ' O niay make fur-

court may, at any time, make other or further regu- ^^er regulations.
lations for the government of such corporations, or
determine and take away their corporate powers ;
and all such corporations and their officers shall be
subject to examination by a committee of the gener-
al court, in like manner, and under all the liabilities
and penalties, provided in the seventeenth section of
the " act to regulate banks and banking."

[Approved by the Governor, April 2, 1834.]

CHAP. CXCl.

An Act to establish an Institution for Savings in
Cambridge.

xSE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That William J. Whip- fS?''"'*"^"'
pie, William Hilliard, Levi Farwell, their associates
and successors, are hereby incorporated by the name
of " the Savings Institution in the town of Cam-
bridge," and shall be entitled to all the powers and
privileges, and be subject to all the duties, liabilities
and requirements, contained in the statute of one

290 ANDOVER INS. FOR SAVINGS. April 2, 1834.

thousand eight hundred and thirty-four, entitled " an
act to regulate institutions for savings.'*

[Approved by the Governor, April 2, 1834.]

CHAP. CXCII.

An Act to incorporate the'Andover Institution for
Savings.

JlSE it enacted by the Senate and House
uf Representatives, in General Court assembled, and
Persons iucorpo. ^^ ^f^^ authoritij of the same. That Thomas C. Fos-
ter, Abraham J. Gould, and Samuel Merrill, their
associates and successors, are hereby incorporated by
the name of "the Andover Institution for Savings,"
to be established in the town of Andover, and shall
be entitled to all the, powers and privileges, and be
subject to all the duties, liabilities, and requirements,
contained in the statute of one thousand eight hun-
dred and thirty-four, entitled " an act to regulate in-
stitutions for savings."

[Approved by the Governor, April 2, 1834.]

GREENFIELD INS. FOR SAV. April 2, 1834. 291

rated.

CHAP. CXCIII.

An Act to establish an Institution for Savings in
Greenfield.

13 E it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That Elijah Alvord, Ho- Persons incorpo-
ratio G. Newcomb, and Thomas O. Sparhawk, their
associates and successors, are hereby incorporated
by the name of " the Franklin Savings Institution,"
to be established in the town of Greenfield, and shall
be entitled to all the powers and privileges, and be
subject to all the duties, liabilities and requirements,
contained in the statute of one thousand eight hun-
dred and thirty-four, entitled " an act to regulate in-
stitutions for savings."

[Approved by the Governor, April 2, 1834.]

CHAP. CXCIV.

An Act to establish an Institution for Savings in
Nantucket.

X>E zi enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That Daniel Jones, Persons incorpo.
William Mitchell, and Cromwell Barnard, their asso-

292 HINGHAM INS. FOR SAVINGS. 4?n7 2, 1834.

ciates and successors, are hereby incorporated by the
name of " the Nantucket Institution for Savings,"
to be established in the town of Nantucket, and shall
be entitled to all the powers and privileges, and be
subject to all the duties, liabilities and requirements,
contained in the statute of one thousand eight hun-
dred and thirty four, entitled " an act to regulate in-
stitutions for savings."

[Approved by the Governor, April 2, 1834.]

CHAP. CXCV.

An Act to incorporate the Hingham Institution for
Savings.

JdE it enacted by the Senate and House
of Representatives, in General Court assembled, and
ra^ed"' '"*'°'"P°" by the authority of the same, That David Whiton,
Heniy Nye, Luther and J. Barnes, their associates
and successors, are hereby constituted a corporation
by the name of " the Hingham Institution for Sav-
ings," to be established in the town of Hingham, and
shall be entitled to all the powers and privileges, and
subject to all the duties, liabilities and requirements,
contained in the statute of one thousand eight hun-
dred and thirty-four, entitled " an act to regulate in-
stitutions for savings."

[Approved by the Governor, April 2, 1834.]

SCITU ATE INS. FOR SAVINGS. J/?n72,1834. 293

CHAP. CXCVI.

An Act to establish an Institution for Savings in
Wellfleet.

-t>E it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That Josiah Whitman, Persons incorpo-
Richard Libby, and Ebenezer Freeman, 2d, their as-
sociates and successors, are hereby incorporated by
the name of *' the Institution for Savings in the
town of Wellfleet," to be established in the town of
Wellfleet, and shall be entitled to all the powers and
privileges, and be subject to all the duties, liabilities
and requirements, contained in the statute of one
thousand eight hundred and thirty-four, entitled " an
act to regulate institutions for savings."

[Approved by the Governor, April 2, 1834]

CHAP. CXCVII.

An Act to establish an Institution for Savings in
Scituate.

13 E it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That Samuel A. Tur- Persons incorpo-
ner, Anson Robbins, and Ebenezer T. Fogg, their

294 LEXINGTON INS. FOR SAV. April 2, 1834.

associates and successors, are hereby incorporated
bj the name of the " Scituate Institution for Sav-
ings," to be established in the town of Scituate, and
shall be entitled to all the powers and privileges, and
be subject to all the duties, liabilities and require-
ments, contained in the statute of one thousand eight
hundred and thirty four, entitled " an act to regulate
institutions for savings."

[Approved by the Governor, April 2, 1834.]

CHAP. CXCVIII.

An Act to establish an Institution for Savings in
Lexington.

-t>E it enacted by the Senate and House
of Representatives, in General Court assembled, and
Persons incorpo- by the authority of the same. That William Chand-
rated. |g^^ Hammond A. Hosmer, and Samuel Chandler,

their associates and successors, are hereby incor-
porated by the name of the " Lexington Institu-
tion for Savings," to be established in the town
of Lexington, and shall be entitled to all the pow-
ers and privileges and be subject to all the liabili-
ties and requirements contained in the statute of
one thousand eight hundred and thirty-four, enti-
tled " an Act to regulate Institutions for Savings."

[Approved by the Governor, April 2, 1834.]

BONDS, NOTES, &c. April 2, 1834. 295

CHAP. CXCIX.

An Act providing for the Collection of Bonds,
Notes, and other Securities due to the Common-
wealth.

JjE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That it shall be the Treasurer to

1 r \ r 1 • r~i transmit to the

duty ot the treasurer of this Commonwealth, on attorney general

. .an account of all

the first Monday of May in each year, to transmit bonds, &c.
to the attorney general, or other prosecuting offi-
cer of the government, an account of all bonds,
notes, and other securities in his possession and
keeping, in which the Commonwealth is interest-
ed, which are due and unpaid, or on which inter-
est is due and unpaid, or by the conditions of
which the obligors or promissors ought to have
accounted before that time and have neglected so
to do ; classing the same under distinct heads so
far as conveniently may be done. And it shall be,
and hereby is made the duty of the attorney gen-
eral or other prosecuting officer, on the receipt of
such accounts, to attend to, and enforce the col-
lection of such monies so due, and require the set-
tlement and accounting of such debtors, obligors,
and promissors in such manner as he may believe
the interests of the Commonwealth require, and
with due regard to the situation of such debtors,
promissors and obligors.

[Approved by the Governor, April 2, 1834.]

296 SALARY OF ATTOR. GEN. April 2, 1834.

CHAP. CC.

An Act to establish the Salary of the' Attorney
General.

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

Salary of the *' *' -^ ' '

attorney eenerai the first dav of April, in tho vcar of our Lord one

to be twelve j i. j

hundred dollars, thousand eight hundred and thirty-four, the salary
of the attorney general of this Commonwealth
shall be twelve hundred dollars, annually, and no
more, and the same shall be paid him from the
treasury of this Commonwealth quarter-yearly, in
full for all his fees and services whatsoever, in be-
half of the Commonwealth, and he shall account
to the treasurer for all fees, costs, and money
received by him in virtue of said office.

Sec. 2. Be it further enacted. That all acts and
parts of acts inconsistent with this act, be, and the
same are hereby repealed.

[Approved by the Governor, April 2, 1834.]

GAOL YARDS. Aprils nS^. 297

CHAP. CCI.

An Act Enlarging the Limits of the several Gaol
Yards in this Commonwealth.

-DE it enacted by the Senate and House
of Representatives, in General Court assetnbled, and
by the authority of the same, That, from and after ^™,'\°J
the passing of this act, the limits of the several *«°^^^
gaol yards in this Commonwealth shall be so ex-
tended as to comprehend all places within the
actual boundaries of the city or town, in which
such gaols are situated : provided, that nothing
herein contained shall be construed to aflfect, in
any manner, the rights of any person owning real
estate, within such limits ; nor to affect any suit
wherein final judgment has been rendered by the
supreme judicial court of this Commonwealth.

the
s ex-

[ Approved by the Governor, April 2, 1834.]

CHAP. CCH.

An Act in addition to an Act to provide a Salary for
the County Attorney for the County of Suffolk.

-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

298

BANKS AND BANKING.

April 2, 1834.

saiaryincreased. ^he fifth day of January last past, there shall be
allowed and paid, out of the treasury of the county
of Suffolk, to the attorney of the Commonwealth
within and for said county, annually, the sum of six
hundred dollars, in addition to his salary now
established by law ; and that the same shall be
paid quarter-yearly, the first payment to be made
on the fifth day of April, in the year of our Lord
one thousand eight hundred and thirty-four.

[Approved by the Governor, April 2, 1834.]

CHAP. CCIII.

Banks not to
make certain
loans, or grant
discounts, &.c.

An Act in addition to " An Act to Regulate Banks
and Banking."

Sec. 1. -OE z7 enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That, from and after
the first day of October next after the passing of
this act, no bank which hath received, or shall re-
ceive, a charter from, or by the authority of this
Commonwealth, shall directly or indirectly make
any loan, or grant any discount, which loan, or the
proceeds of which discount, or any part thereof,
shall be paid by such bank, in or by any book, note,
bill, check, draft, acceptance, facility, entry in ac-
count, or certificate for money, payable subsequent
to the time of making or issuing the same, or pay-
able at a future day, or bearing interest ; and no
such bank shall, from and after said first day of Oc-

BANKS AND BANKING. April 2, 1834. 299

tober next, borrow any sum or sums of money from fow'',noney°o''ir''
any individual or corporation, except savings insti- j-J.^.^' tll\ugs in-
tutions, on time, or to be repaid at a future day. «t'^"''°"*-
And every book, note, bill, check, draft, acceptance,
facility, entry in account, or certificate, that shall be
so made or issued by any such bank, in the case of
any such loan or discount, or for money borrowed
by them as aforesaid, from and after the said first
day of October next, and the contract on which the
same shall be made, shall be void. Provided, always,
that nothing herein contained shall be deemed or
held to repeal or suspend any part of the act to
which this is in addition, concerning the borrowing
of money by banks, or the issue by them of any
note, bill, check, draft, facility, or certificate paya-
ble at a future day, or bearing interest : and pro-
vided, also, that debts due to any bank from any
other bank, including bills of the bank so indebted,
may lawfully draw interest.

Sec. 2. Be it further enacted, That debts due to Debts due to a

. 1 /■ bank, from any

any bank m this Commonwealth from any other other bank, &c.
bank, including bills of the bank so indebted, shall
not be deemed debts due to a bank within the intent
and meaning of the fifth section of the act to which
this is in addition : provided, that nothing herein
contained shall authorize the amount of debts, which
any banking corporation shall at any time owe, to
exceed twice the amount of its capital stock actually
paid in, exclusive of sums due on account of de-
posites not bearing interest.

Sec. 3. Be it further enacted, That it shall be secretary to sub-

^ _ mit the returns

the duty of the secretary of this Commonwealth, f'""^ the banks

_ _ •' to the committee

from time to time, at the next session of the legisla- pn banks and

'=' banking.

ture, after he shall have received from the several
banks the returns required by law, to submit the

300 BANKS AND BANKING. April 2, 1834.

same to the committee on banks and banking, for
the time being, whose duty it shall be carefully to
examine every such return, and to report in writing
to the legislature all violations of law, shown by any
of such returns, and the name of every bank which
shall appear by its return to have exceeded any of
the powers granted to such bank, or to have violated
or failed to comply with any of the rules, restric-
tions, or conditions, provided in any of the laws of
this Commonwealth concerning banks or banking.
whLMracfre- Sec. 4. Be it further enacted, That all acts and
pealed. parts of acts, inconsistent with the provisions of this

act, be, and the same are hereby repealed.

[Approved by the Governor, April 2, 1834.]

©ommontoraltl) of iHassacIjusetts.

SECRETARY'S OFFICE, MAY 1, 1834.

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, March, and April last, and find the

same to be correct.

EDWARD D. BANGS,

Secretary of the CommonwecUth.

LAWS

eontmontDealtfi of M^^^^tt^nmttUf

PASSED BY THE GENERAL COURT,

AT THEIR SESSION WHICH COMMENCED ON WEDNESDAY, THE SEVENTH

OF JANUARY, AND ENDED ON WEDNESDAY, THE EIGHTH OF

APRIL, ONE THOUSAND EIGHT HUNDRED AND

THIRTY-FIVE.

CHAP. I.

An Act to confer additional powers on the Fire De-
partment in New Bedford.

13 E it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That the Board of Fire- Money to be ex-
wards of the town of New Bedford shall be author-
ized to expend such sums of money as they may
deem necessary for the annual repairs of the en-
gines and other fire apparatus belonging to that
town; and any sum not exceeding three hundred

pended for re-
pairs.

304 COUNTY COMMISSIONERS. Jan. 30, 1835.

dollars per annum, at their discretion, for alterations
and additions thereto

[Approved by the Governor, January 30, 1835.]

CHAP. II.

An Act to alter a Term of the County Commission-
ers in the County of Plymouth.

_t>E it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That the Term of the
County Commissioners for the County of Plymouth,
now holden on the second Tuesday of December,
shall hereafter be holden on the first Tuesday of
January, annually.

[Approved by the Governor, January 30, 1835.]

CHAP. III.

An Act to incorporate the Beverly Academy.

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

of Representatives, in General Court assembled, and

by the authority of the same, That Eliott Woodbury,

Persons incorpo- Josiah Lovctt, 2d, Michacl Whitney, all of Beverly,

in the county of Essex, their associates and succes-

STATE LUNATIC HOSPITAL. Feb.2,U35. 305

sors, are hereby incorporated by the name of the
Beverly Academy, to be established in the town of
Beverly, with all the powers and requirements con-
tained in "the statute of eighteen hundred and thir-
ty-three, chapter eighty-three, concerning corpora-
tions."

Sec. 2. Be it further enacted, That the said f^'^J, eSafe."
corporation shall be seized of, and hold a lot of land
containing about forty-six poles, situated on Wash-
ington street, in said Beverly, and measuring seventy-
six feet on said street, with the school-house there-
on, and shall have power to hold any other real and
personal estate, not exceeding in value the sum of
twenty thousand dollars, to be devoted exclusively
to the purposes of education.

[Approved by the Governor, January 30, 1835.]

CHAP. IV.

An Act in addition to an "Act concerning the State
Lunatic Hospital."

Be it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That the fourth section Trustees to be

^1 /, 1 , I'll appointed annu-

oi the statute oi the year one thousand eight hun- aiiy.
dred and thirty-four, chapter one hundred and fifty,
be so far amended, as that live trustees of said
hospital shall be appointed annually, and that the
senior trustee, as the names of said trustees shall
stand arranged in their commission, shall not be

306 DARTMOUTH BRIDGE COMP. Feb. 7, 1835.

again eligible until the expiration of one year from
the time when his place was vacated.

[Approved by the Governor, February 2, 1835.]

CHAP. V.

An Act in addition to "an Act to incorporate the
Dartmouth Bridge Company."

J3E it enacted by the Senate and House

of Representatives, in General Court assembled, and

Further time ai- ^» ^/^^ autfioritij of tlic sttme. That a further time of

lowed to com- '^ %f 'J

piete bridge. quc year, from and after the eighth day of February,
in the year of our Lord one thousand eight hundred
and thirty-five, be allowed the Dartmouth Bridge
Company, to complete the bridge which they are
authorized to build, by the act to which this is in
addition.

[Approved by the Governor, February 7, 1835.] ,

CHAP. VI.

An Act to incorporate the Essex Insurance 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 Charles Tread-

ESSEX INSURANCE COMPANY. Feb.2l , 1 835. 307

well, David Pingree, and James Devereux, their as- J^^^^^^ '"^°^p°
sociates, successors and assigns, are hereby incorpo-
rated, by the name of the Essex Insurance Company,
to be established in the town of Salem, for the pur-
pose of making maritime loans, and insurance against
maritime losses, and losses by fire, in the customary
manner, with all the privileges, and subject to all the
duties, and obligations, contained in the one hundred
and twentieth chapter of the statutes of eighteen
hundred and seventeen, and in the one hundred and
forty-first chapter of the statutes of eighteen hun-
dred and nineteen, and also the ninety-fifth chapter
of the statutes of eighteen hundred and thirty-two,
severally defining the duties and powers of insur-
ance companies, for and during the term of twenty
years, after the passing of this act.

Sec. 2. Be it further enacted, That said corpo-
ration may purchase, hold and convey, any estate May hold real

, 1 r 1 r • 1 ''"d personal es-

real or personal, lor the use or said company : tate.
provided, that the real estate shall not exceed the
value of twenty thousand dollars, excepting such as
may be taken for debt, or held as collateral security
for money due to said company.

Sec. 3. Be it further enacted, That the capital
stock of said company shall be one hundred thou- Amount of capi-

, , tal stock : — to be

sand dollars, and shall be divided into shares of one divided into

' shares.

hundred dollars each, and shall all be collected and
paid in, in such instalments, and under such provis-
ions and penalties, as the president and directors of
said company shall order and appoint.

[Approved by the Governor, February 21, 1835.]

308 BAPTIST SO. IN SPRINGFIELD. />6. 21, 1835.

CHAP. VII.

An Act to incorporate the Third Baptist Society in
Springfield.

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

Persons incorpo- by the authority of the same, That Joseph K. Mar-
shall, William Green, and Smith Mudget, their asso-
ciates and successors, are hereby made a corporation,
by the name of the Third Baptist Society in Spring-
field, with all the powers and privileges, and subject
to all the duties and liabilities by law incident to re-
ligious societies legally established in this Common-
wealth.

May hold real §£€. 2. Be it furthcT euacted. That said corpo-

estate to value of ^ "^ ■■■

ten thousand doi- ratiou shall have power to hold and manage any es-

lars, for parochial ^ '^

purposes. tatc to the value of ten thousand dollars : provided,

the same be appropriated exclusively to parochial

To be divided purposcs. And said corporation may divide its es-

into shares. ^^^^ -^^^^ sharcs, the number of which shall not be

less than fifty, nor more than one hundred; and may

make assessments on each share not exceeding fifty

dollars.

Entitled to one ^Ec. 3. Be it further enacted. That, at all meet-

Jhare^""" ^^*^^ ings of Said corporation, each proprietor shall be

entitled to one vote for each share owned by him;

and absent members may vote by proxy in writing :

provided, that no proprietor shall be entitled to

more than ten votes.

[Approved by the Governor, February 21, 1835.]

S.B. FIRE & MARINE INS. COMP. Fc6.26,1835. 309

CHAP. VIII.

An Act to incorporate the South Boston Fire and
Marine Insurance Company.

Sec. 1. Jt>E it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That Josiah Dunham, ^^^^°^^ '°*^°'P'*
John H. Bird, and William B. Dorr, their associates,
successors and assigns, are hereby made a corpora-
tion, by the name of the South Boston Fire and Ma-
rine Insurance Company, to be located in that part
of the city of Boston, known as South Boston, for
the purpose of making loans and insurance against
fire and marine losses in the customary manner,
with all the privileges, and subject to all the duties
and obligations, contained in the one hundred and
twentieth chapter of the statutes of the year eigh-
teen hundred and seventeen, and the ninety-fifth
chapter of the statutes of the year eighteen hundred
and thirty-two, severally defining the powers and
duties of insurance companies, for and during the
term of twenty years from and after the passing of
this act.

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
twenty-five dollars each, and shall be collected and
paid in, in such instalments, and under such provis-
ions and penalties, as the president and directors of
said company shall order and appoint; and they Real and person-
may purchase and hold, and convey, any estate, real
40

310 MIDDLESEX MECHANICS' AS. Feb. 26, 1835.

or personal, for the use of said company: provided,
the real estate shall not exceed the value of twenty-
five thousand dollars, except such as may be taken
for debt, or held as collateral security for money due
to said company.

Sec. 3. Be it further enacted, That the presi-
dent, and at least two-thirds of the directors, shall
be resident in said South Boston.

Sec. 4. Be it further enacted, That said com-
pany shall not take a greater amount on any one
risk, than eight per cent, on its capital stock.

[Approved by the Governor, February 26, 1835.]

CHAP. IX.

An Act in addition to an Act to incorporate the
Middlesex Mechanics' Association.

j3E it enacted by the Senate and House
of Representatives, in General Court assembled, and
Real and person- fey the authority of the same. That the Middlesex
Mechanics' Association shall have power to pur-
chase, hold and enjoy real estate to the amount of
ten thousand dollars, in addition to the twenty thou-
sand dollars granted in their act of incorporation,
and the same to alienate and manage as they may
see fit, subject to the provisions and limitations con-
tained in the second and third sections of the statute
of the year one thousand eight hundred and twenty-
five, chapter twenty-seven.

[Approved by the Governor, February 26, 1835.]

WORCESTER FIRE DEPART. Feb. 26, 1 835. 31 1

! CHAP. X.

An Act to establish a Fire Department in the town
of Worcester.

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 selectmen of
the town of Worcester are authorized, and it shall
be their duty, in the month of April in each year, to poim Enjnee«!
appoint as many engineers for their fire depart-
ment as they may think expedient: provided, such
number so appointed shall not exceed twelve, who
shall hold their offices for one year from and after
the first day of May next succeeding, and until
others are appointed in their places. The said se- To fiii vacancies.
lectmen are authorized and required to fill any va-
cancies in the said office of engineer, and the said
engineers shall possess the same authority and ex-
ercise the same powers in relation to the extinguish-
ment of fires as firewards do, by law, possess and
exercise.

Sec. 2. Be it further enacted. That the said se-
lectmen, immediately after the appointment of said
engineers shall have been made, shall issue a war-
rant to one of their number, requiring him to notify To issue a war-
a meeting of the board of engineers, at such time
and place as shall be designated in such warrant, at
which meeting the said engineers shall elect from
their number, a chief engineer, a clerk, and such
other officers as they may deem necessary for their
more complete organization.

312 WORCESTER FIRE DEPART. Feb. 26, 1835.

Engineers to ap- Sec. 3. Be it further enacted. That the said

point enginemen. ^ «^

engineers be, and they are hereby authorized and
required to exercise all the powers, and perform all
the duties in relation to the nomination and appoint-
ment of enginemen, which the selectmen of said
town have been heretofore by law authorized and
required to exercise and perform, and said engineers,
and all persons appointed by them pursuant to this
act, shall be subject to the same duties, and entitled
to the same privileges and exemptions, as enginemen
are subjected and entitled to, when appointed by
Exempted from the Selectmen: provided, hoivever, that they shall

military duty on •* . . *'

producing certifi- not bc cxcmptcd from military duty unless they shall
produce to the commanding officer of the company,
within whose bounds they reside, in the month of
May in each year, certificates of their appointment,
signed by the chief engmeer, or by the clerk of the
board of engineers.

Engineers au- Sec. 4. Be it further enacted. That the said

thorized to ap- ^ ^

point men to the engineers be, and they are hereby authorized and

engines, &c. ^ . "^ "^

empowered to appoint such number of men to the
engines, hose, hook and ladder carriages, and to con-
stitute a company for the securing of property when
endangered by fire, as they shall think expedient :
provided, that the number of men appointed to
each and every hydraulion or engine with suction
hose shall not exceed fifty men; to each common
engine, thirty-five men; to each hose carriage, five
men; to the hook and ladder carriages, twenty-five
men ; and to the fire company, twenty-five men :
also to appoint three men as assistant engineers,
who shall exercise such supervising control and au-
thority relative to the operations for extinguishing
fires, and to the inspection and preservation of the
fire apparatus belonging to said town, as the board
of engineers may, from time to time, delegate to

WORCESTER FIRE DEPART. Feb. 26, 1835. 313

them; and the said engme, hose, hook and ladder
carriage men, and fire company, are authorized to
organize themselves into distinct companies, to elect
captains, clerks, and other necessary officers, to es-
tablish such rules and regulations as may be approv-
ed by the board of engineers, and to annex penalties
to the breach of the same, which may be sued for. Fines may be
and recovered, by the clerk of any company so or-
ganized, before any court of competent jurisdiction,
to be appropriated to the use of such company :
provided, that no penalty shall exceed the sum of
ten dollars : and, provided further, that such rules
and regulations be not repugnant to the constitution
and laws of this Commonwealth.

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

, , P . 1 n 1 1 1 • have the super-

boara oi engmeers shall nave the care and superin- intendenceofthe
tendence of the public engines, hose, fire-hooks, lad- &c. "
der carriages and ladders, together with the build-
ings, fixtures and appendages thereto belonging, and
all the pumps, reservoirs for water, and all apparatus
owned by the town of Worcester, and used for ex-
tinguishing fires, and shall cause the same to be
kept in repair, and when worn out, to be replaced,
and from time to time shall make such alterations
therein and additions thereto, as they shall deem ne-
cessary: provided, such alterations, additions or re-
pairs shall not exceed in any one year, the sum of
one hundred dollars, unless said town of Worcester
shall have authorized a larger appropriation.

Sec. 6. Be it further enacted. That the said Engineers to es-

■I ^ r ' . ,• ^ r tablish rules and

board oi engmeers, at any meetmg thereoi, may es- ordinances.
tablish such rules and ordinances as they may judge
proper, to prohibit or regulate the carrying of fire,
firebrands, lighted matches, or any other ignited ma-
terials, openly in the streets or thoroughfares of said

314 WORCESTER FIRE DEPART. Feb. 26, 1835.

town, or in such parts thereof, as they may desig-
nate, and to prohibit any owners or occupants of
any building within said town, or such parts thereof
as such board may designate, from erecting or main-
taining any defective chimney, hearth, oven, stove
or stove-pipe, fire-frame or other fixture, deposit of
ashes, or any mixture or other material which may
produce spontaneous combustion, or whatever else
may give just cause of alarm, or may be the means
of kindling or spreading fires. And the said board
of engineers may also, from time to time, make and
ordain rules and regulations for their own govern-
ment, and for the conduct of citizens, present at any
fire, and may annex penalties for the breach of any
rule, regulation or ordinance, which they may have
deemed expedient to make, not exceeding twenty
dollars for any one breach thereof; and the same
may be prosecuted for, and recovered by the chief
engineer in his own name, before any court of com-
Penaities. pctcut jurisdictiou, and all penalties so recovered

shall be appropriated by said engineers to the im-
provement of the fire apparatus of said town : pro-
mded, such rules, regulations and ordinances, shall
not be repugnant to the constitution and laws of the
Commonwealth, and shall not be binding until the
same shall have been approved by the inhabitants of
said town, in legal meeting held for that purpose, and
published in some newspaper printed in said town of
Worcester.

Sec. 7. Be it further enacted, That all laws in-
consistent with the provisions of this act, be and
hereby are repealed, so far as they may apply to said
town of Worcester, and that the provisions of this act
Act when to lake shall uot take effcct until the same shall have been
^^^''^' accepted by a majority of the inhabitants of said

BONDS OF GUARDIANS. Feh. 26, 1835. 315

town, qualified to vote in town affairs, at a meeting
legally notified for that purpose, and shall continue
in force until modified or repealed by the Legisla-
ture of this Commonwealth.

[Approved by the Governor, February 26, 1835.]

CHAP. XI.

An Act limiting the liability of Sureties in Bonds
given by Guardians of Minors.

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 passage of this act, no action shall be maintained
against the surety or sureties in any bond given by
any guardian of any minor, unless the same shall
be commenced within four years after such minor
shall arrive at the age of twenty-one years, if then
within the Commonwealth, or if then without the
Commonwealth, within four years after such minor
shall return within said Commonwealth : provided,
nevertheless, that nothing in this act shall be so con-
strued as to diminish or impair, in any degree, the
obligation of the principal in such bond.

[Approved by the Governor, February 26, 1835.]

316 B. & L. INDIA RUBBER CO. March 2, 1836.

CHAP. XII.

An Act to incorporate the Boston and Lynn India
Rubber 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 Charles C. Nich-

ra^ed!"^'°*^°'''° ols, Thomas Whitmarsh and Benjamin Freeman,
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 Boston and Lynn India Rubber
Manufacturing Company, for the manufacture of
India rubber in its various forms in the town of
Lynn, in the county of Essex, and for this purpose
shall have all the powers and privileges, and shall
be subject to all the duties and requirements con-
tained in the statute of one thousand eight hundred
twenty-nine, chapter fifty-three, defining the general
powers and duties of manufacturing corporations.

Real and per- Sec. 2. Bc it furthcr cnactcd, That said corpo-

sonal estate. .

ration may take and hold such real estate, not ex-
ceeding in value the sum of fifty thousand dollars,
and such personal estate, not exceeding in value the
sum of one hundred and fifty thousand dollars, as
may be suitable for carrying on the manufacture
aforesaid.

[Approved by the Governor, March 2, 1835.]

B. INDIA RUBBER FACTORY. March 2. 1835. 317

CHAP. XIII.

An Act to incorporate the Boston India Rubber

Factory. '

Sec. 1. Be it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That Ezra Eaton, Persons incorpo-
Frederick Gould, and James Morrill, their associates,
successors and assigns, be, and they are hereby made
a corporation, by the name of the Boston India Rub-
ber Factory, for the purpose of manufacturing in
the county of Norfolk, or county of Suffolk, india rub-
ber cloth, leather, clothing, and other goods and fab-
rics, consisting wholly or in part of india rubber ;
and shall have all the powers and privileges, and be
subject to all the duties and requirements, contain-
ed in the statute of one thousand eight hundred
twenty-nine, chapter fift}' -three, defining the gene-
ral powers and duties of manufacturing corporations.

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

sonal estate.

corporation may take and hold such real estate, not
exceeding in value twenty thousand dollars, and
such personal estate, not exceeding in value eighty
thousand dollars, as may be suitable and convenient
for the purposes aforesaid.

[Approved by the Governor, March 2, 1835.]
41

318 BOSTON RICE MILL COMP. March 3, 1835.

CHAP. XIV.

An Act to incorporate the Boston Rice Mill Com-
pany.

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 John Prince,
Samuel Hinckley, Benjamin Pickman, and William
Pickman, their associates and successors, be, and
they hereby are made a corporation, by the name
of the Boston Rice Mill Company, for the purpose
of hulling, cleaning and grinding rice, and for such
purpose shall have all the powers and privileges,
and be subject to all the duties and requirements,
contained in the statute of one thousand eight hun-
dred and twenty-nine, chapter fifty-three, defining
the general powers and duties of manufacturing cor-
porations.

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

sonal estate. ,• -Lirii 'jj jr

corporation may be lawfully seized and possessed or
such real estate, not exceeding in value twenty
thousand dollars, and such personal estate, not ex-
ceeding in value eighty thousand dollars, as may be
convenient and necessary for the purposes aforesaid.

[Approved by the Governor, March 3, 1835.]

W. BRAD. MEETING-HOUSE. March 4, 1835. 319

CHAP. XV.

An Act to incorporate the Proprietors of West
Bradford Meeting-house.

Sec. 1. JjE it enacted by the Senate and House
of Representatives^ in General Court assembled, and
by the authority of the same, That Eliphalet Kimball, Persons incorpo-
Leonard Johnson, and Alfred Kittredge, their asso-
ciates and successors, are hereby incorporated as a
religious society, by the name of the Proprietors of
West Bradford Meeting-house ; with all the powers
and privileges, and subject to all the duties and lia-
bilities by law incident to religious societies, legally
established in this Commonwealth.

Sec. 2. Be it further enacted, That said corpo- Estate.
ration shall have power to hold and manage any
estate to the value of ten thousand dollars : provid-
ed the same be appropriated exclusively to parochial
purposes.

[Approved by the Lieut. Governor, March 4, 1835.]

320 GRACE CHURCH. March 4, 1835.

rated,

CHAP. XVI.

An Act to incorporate Grace Church in the City of
Boston.

Sec. 1. 13E it enacted by the Senate and House
of Representatives, in General Court assembled, and

Persons incorpo- by thc authority of the same, That Benjamin How-
ard, Otis Daniel], Robert Farley, Barnum Field,
Thomas W. Haskins, Benjamin P. Richardson, and
Edward S. Rand, and their associates and succes-
sors, are hereby incorporated as a religious society,
by the name of Grace Church in the city of Boston ;
with all the powers and privileges, and subject to all
the duties and liabilities by law incident to religious
societies legally established in this Commonwealth.

Real and per- Sec.2. Bc it furthcr euactcd, That the said

corporation may take and hold estate, real and per-
sonal, the income of which shall not exceed five
thousand dollars per annum : provided, thc same be
appropriated exclusively to parochial purposes.

[Approved by the Lieut. Governor, March 4, 1835.]

sonal estate.

PAY OF JURORS. March \ 1835. 321

CHAP. XVII.

An Act fixing the Pay of Jurors.

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 Grand Jurors, Pay of Jurors.
and the Jurors for trials, who shall attend at any of
the courts of this Commonwealth, in lieu of the pay
now established by law, shall each be allowed one
dollar and seventy-five cents a day for their attend-
ance, and eight cents a mile for their travel out and
home, to be paid out of their respective county
treasuries.

Sec. 2. Be it further enacted. That this act shall
be in force, and take effect, from and after thirty days
from the passage of the same.

[Approved by the Lieut. Governor, March 4, 1835.]

CHAP. XVIII.

An Act to incorporate the African Methodist Epis-
copal Church in Nantucket.

Sec. 1. i3e it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That Bristol Wright, Persons incorpo-
Arthur Cooper, and John Cooper, their associates

sonal estate.

322 HOLMES' HOLE COMPANY. March 4, 1835.

and successors, are hereby incorporated as a religious
society, by the name of the African Methodist Epis-
copal Church in Nantucket, with all the powers and
privileges, and subject to all the duties and liabili-
ties by law incident to religious societies legally
established in this Commonwealth.
Real and per- ^^^' ^* ^^ *^ further etittcted, That said corpo-

ration shall have power to hold and manage any
estate of the value of three thousand dollars : pro-
vided the same be appropriated exclusively to pa-
rochial purposes.

[Approved by the Lieut. Governor, March 4, 1835.]

CHAP. XIX.

An Act to incorporate the Holmes' Hole Union
Wharf Company.

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

Persons incorpo- f^y (Ji^ authority of the same. That Elijah Hillman,
Thomas Bradley, Bartlett Allen, Charles Look,
their associates, successors and assigns, are hereby
made a corporation, by the name of the Holmes'
Hole Union Wharf Company, with all the powders
and requirements contained in the eighty-third chap-
ter of the statutes of eighteen hundred and thirty-
three.

To hold and pes- Sec. 2. Bc it further enacted, That said corpo-

sess wharf. . i i i i • i r • .l

ration may hold and possess a certani whart, situate
in the harbour of Holmes' Hole, in Dukes' County,
bounded by the foot of the street leading to the

AFRICAN HUMANE SOCIETY. March4>,U35. 323

water, between the land of Jonathan Luce, Jr., and
that of the heirs of Silas West, and running thence
in a parallel line of said street, twenty-five rods,
with all the privileges and appurtenances thereto
belonging.

[Approved by the Lieut. Governor, March 4, 1835.]

CHAP. XX.

An Act in addition to the Act to incorporate the
African Humane Society.

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 African Hu- Name altered.
mane Society be hereafter known and called by the
name of the Paul Humane Society.

Sec. 2. Be it further enacted. That the stand- standing com-

. , , mittee, how lobe

mg committee of said society shall hereafter consist elected.
of the president, secretary and treasurer, and four
members of said corporation, to be elected in the
manner provided in the fourth section of the act to
which this is in addition, any four of whom shall
constitute a quorum to transact business.

[Approved by the Lieut. Governor, March 4, 1835.]

324 MASS. FIRE & MAR. INS. CO. March 4>, 1835.

CHAP. XXI.

An Act to continue in force an Act to incorporate
the Massachusetts Fire and Marine Insurance
Company.

J3E it enacted by the Senate and House

of Representatives, in General Court assembled, and

Previous statutes bv thc authoritv of thc same. That the statute of the

to remain in force ii iiji- r

twenty years, year ouc thousand seven hundred and nmety-iive,
chapter twenty-two, incorporating the Massachusetts
Fire and Marine Insurance Company, and the sever-
al acts in addition thereto, be continued and remain
in force for the term of twenty years, from and after
the twenty-fifth day of June, in the year one thou-
sand eight hundred and thirty-five : provided, that
said company shall be subject to all the duties and
obligations, and entitled to all the privileges contain-
ed in the statutes of the year one thousand eight
hundred and seventeen, chapter one hundred and
twenty, and of the year one thousand eight hundred
and thirty-two, chapter ninety-five.

[Approved by the Lieut. Governor, March 4, 1835.]

MASS. BAPTIST CONVENTION. March4>,\S35. 326

CHAP. XXII.

An Act to establish an Institution for Savings in
Canton.

JlJE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That Adam Kingsley, Persons incorpo-
Friend Crane, and Jonathan Stone, their associates
and successors, are hereby made a corporation, by
the name of "the Canton Institution for Savings,"
to be established in the tovs^n of Canton, in the coun-
ty of Norfolk, w^ith all the powers and privileges,
and subject to all the duties and liabilities prescribed
in the statute of the year one thousand eight hun-
dred and thirty-four, chapter one hundred and nine-
ty, regulating institutions for savings.

[Approved by the Lieut. Governor, March 4, 1835.]

CHAP. XXIII.

An Act to change the name of the Baptist Mission-
ary Society in Massachusetts to the Massachusetts
Baptist Convention.

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

326 CONCORD SAVINGS INSTI. March 4, 1835.

the passing of this act, the Baptist Missionary Socie-
ty in Massachusetts, shall be known and called by
the name of the Massachusetts Baptist Convention,
and that it retain, under said new name, all its exist-
ing powers, privileges, rights and property, and re-
main subject to all its present duties, obligations and
liabilities.

Sec. 2. Be it further enacted, That so much of
the act of incorporation of said society as relates to
the number, duties, and time and place of choosing
the officers of said corporation, be, and the same is
hereby repealed.

[Approved by the Lieut. Governor, March 4, 1835.]

CHAP. XXIV.

An Act to establish an Institution for Savings in
Concord.

JlJE it enacted, by the Senate and House
of Representatives, ifi General Court assembled, and
Persons incorpo- f)y ffig autkority of the samc, That Nathan Brooks,
Nehemiah Ball, and Josiah Bartlett, their associates
and successors, are hereby made a corporation, by
the name of "the Middlesex Institution for Savings,"
to be established in the town of Concord, in the
County of Middlesex, with all the powers and privi-
leges, and subject to all the duties and liabilities, pre-
scribed in the statute of the year one thousand eight
hundred and thirty-four, chapter one hundred and
ninety, regulating institutions for savings.

[Approved by the Lieut. Governor, March 4, 1835.]

WESTBORO' k SOUTHBORO'. 3Iarch5, 1835. 327

CHAP. XXV.

An Act to establish the dividmg line between West-
borough and Southborough.

Be it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That the following de- Dividing line de-

•^ . .... scribed.

scribed line shall be in future the dividing line be-
tween the towns of Westborough and Southborough,
viz: beginning at a stone monument near Charles
Buck's house; at a corner of Westborough, South-
borough, and Northborough ; thence running south,
twenty-eight and one quarter degrees east, one
thousand and sixty-one rods to a stake and stones
erected by the viewing committee; thence running
south, eighty-six and a half degrees west, one hun-
dred and fifty seven rods to a stone on the brink of
Sudbury river, marked on the easterly side with the
letter S, on the westerly side with the letter W, and
on the southerly side with the letter H.

[Approved by the Lieut. Governor, March 5, 1835.]

328 FIRST PAR. CHARLESTOWN. March 5, 1835.

CHAP. XXVI.

An Act in further addition to an Act to incorporate
the Roxbury India Rubber Factory.

JjE it enacted by the Senate and House

of Representatives, in General Court assembled, and

May hold real bv thc authoritv of the same. That the Roxbury In-

and personal es- ,. ti ,, t- i j i i. i i,

tpte. dia Rubber factory, be, and they hereby are author-

ized to take and hold real estate, for the purpose of
prosecuting the business of said corporation, to an
amount not exceeding one hundred thousand dollars
in value, and personal estate, to an amount not ex-
ceeding two hundred thousand dollars in value, the
limitations in the several acts to which this is in ad-
dition to the contrary notwithstanding.

[Approved by the Lieut. Governor, March 5, 1835.]

CHAP. XXVII.

An Act to authorize the First Parish in Charles-
town to sell certain Real Estate.

JjE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That the First Parish
in Charlestown is hereby authorized to empower
their treasurer, for the time being, to sell any part or

FARM SCHOOL FOR BOYS. March 5, 1835. 329

the whole of their real estate within said town, and Treasurer to seii

' real estate.

to make and execute a deed or deeds thereof to the
purchaser or purchasers ; and the proceeds of such
sale or sales, as aforesaid, shall be invested in
such manner as said first parish shall direct: pro-
vided, however, that the income only, and no part of ^V5°'"f '° ^^ ^p;

' ' J ^ i. plied to support

the principal, shall be applied to the support of the of minister.
ministry in said parish: and, provided, also, that the
minister or ministers thereof for the time being, shall
concur with said parish in the sale of said real estate,
and join in the execution of any deed or deeds made
for the conveyance thereof.

[Approved by the Lieut. Governor, March 5, 1835.]

CHAP. XXVHL

An Act to incorporate the Boston Asylum and Farm
School for Indigent Boys.

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 two corpo- Corporations
rations, entitled "the Boston Asylum for Indigent
Boys" and "the Proprietors of the Boston Farm
School," be, and the same hereby are united into
one corporation, by the name of "the Boston Asylum
and Farm School for Indigent Boys," with all the
powers contained in the statute of one thousand
eight hundred and thirty-three, chapter eighty-three.

Sec. 2. Be it further enacted. That all persons Members for life.
who are members for life, of either of the said for-
mer corporations, or who shall pay the sum of fifty

330 FARM SCHOOL FOR BOYS. March 5, 1835.

dollars, in one payment, to the corporation hereby
Members, Created, shall be members for life of the corporation

hereby created. And every person who shall sub-
scribe and pay to the said corporation, a sum not less
than three dollars annually, shall be a member there-
of so long as he continues to pay the same.
May hold real Sec. 3. Be it further enacted. That the said cor-

and personal _ '^

estate. poratiou shall be deemed and taken to be successor

to the said first named corporations, and may take
and hold free from taxes, real estate, not exceeding
seventy-five thousand dollars in value, and personal
estate, not exceeding one hundred thousand dollars,
and shall be authorized to receive and hold all pro-
perty belonging to the said former corporations.

Deeds of assign- Aud the uiauagcrs and officers of the two former

ment and trans- • , . ^^ , ,

fer. corporations who are now m omce, or the major part

of them, respectively, are empowered, at any time
within three months, to make any deeds or instru-
ments, that shall be considered proper or convenient,
for confirming the said assignment and transfer of
the property of the two former corporations to the
corporation hereby created.

Sec. 4. Be it further enacted, That all the funds
of said corporation shall be managed and appropria-
ted for relieving, instructing and employing indigent

Admit children bovs. Aud the Said corporation shall have power to

above five years "^ , , .... . .

of age. admit into then* institution any indigent boy above

the age of five years, at the request of his parent or
guardian, and to accept from his father, or in case of
his death, from his mother or guardian, a surrender
in writing of any such boy to the care and direction
of said corporation. And they may take into said
institution any other mdigent boys, residing in the
city of Boston, who have no parent or guardian
within the Commonwealth. And all boys so admit-

FARM SCHOOL FOR BOYS. March 5, 1835. 331

ted shall be maintained and employed in said insti-
tution, and shall be instructed in moral and religious
duties, and the learning usually taught in the com-
mon town schools. And when of suitable age, shall
be employed in a regular course of labor, and be so
instructed in agriculture, or such other useful occu-
pations as to prepare them to earn their own livelihood.

Sec. 5. Be it further enacted, That the said Boys to be bound
corporation shall have authority to retain and em-
ploy such boys on their farm, after they are of suit-
able age, to be bound out until the age of twenty-
one years, or they may bind out such boys when of
suitable age, in virtuous families, or as apprentices
at any reputable trade, until the age of twenty-one
years, in like manner, and on the same conditions
as overseers of the poor, may, by law, bind out the
children of poor persons settled in their respective
towns. Provided, that any such boy, who shall not Maybewith-

. . drawn on paying

have been surrendered to said corporation m the oi expenses.
manner herein provided, may be withdrawn from
the institution, or the person to whom he is bound,
by his parent or guardian, upon payment to said cor-
poration of the expenses incurred by them in the ^
relief, support and instruction, of such boy.

Sec. 6. Be it further enacted, That the said two May accept do-

. . . nations made by

former corporations shall continue to exist so far, wiii.
only, as to enable them to take any donation made
to them by will or otherwise. And in case of such
donation, it shall be lawful for the corporation hereby
created, as the agent and successor of either of such
former corporations, to demand and receive such do-
nation, and give a sufficient discharge and release
therefor, which shall be as valid as if made by the
corporation to which said donation shall be given.
And the same shall be appropriated in the manner

CHURCH IN NEW BEDFORD. March 5, 1835.

herein provided for the funds of the corporation
hereby created.
First meeting. g^c. 7. Be it further enacted, That the first
meeting of the corporation hereby created, may be
called by any three of the managers or directors of
either of said former corporations in the manner pre-
scribed in the statute of one thousand eight hundred
and thirty-three, chapter eighty-three.

[Approved by the Lieut. Governor, March 5, 1 835.]

CHAP. XXIX.

An Act to incorporate the Second Methodist Epis-
copal Church in New Bedford.

Sec. 1. JlJE it enacted by the Senate and House
of Representatives, in General Court assembled, and
Persons incorpo- hy thc authority of the same. That Joseph Browncll,
Billings F. Cory, and Abel Hart, their associates and
successors, are hereby made a corporation, by the
name of the Second Methodist Episcopal Society in
New Bedford; with all the powers and privileges,
and subject to all the duties and liabilities by law
incident to religious societies legally established in
this Commonwealth.

Sec. 2. Be it further enacted. That said corpo-
ration shall have power to hold and manage any
estate, to the value of thirty thousand dollars: pro-
vided the same be appropriated exclusively to paro-
chial purposes.

[Approved by the Lieut. Governor, March 5, 1835.]

BELMONT INSTITUTE. March 6, US5. 333

CHAP. XXX.

An Act to incorporate the Proprietors of the Belmont
Institute.

X>E it enacted by the Senate and House Persons incor-
of Representatives, in General Court assembled, and
by the authority of the same. That John Jeffries,
John Binney, Robert H. Eddy, A. C. Lombard,
E. Scholfield, Jr. and Francis Parkman, their asso-
ciates and successors, are hereby incorporated as the
Proprietors of the Belmont Institute, to be estab-
lished within the limits of the city of Boston, for the
purpose of a female seminary, 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 Realandper-
_ ^ ^ sonal estate.

real and personal estate, not exceeding in value the
sum of fifty thousand dollars, to be devoted exclu-
sively to the purposes of education.

[Approved by the Lieut. Governor, March 6, 1835.]

334

BASS CREEK.

March 6, 1835.

Close up Bass
Creek.

CHAP. XXXI.

An Act authorizing the Town of Tisbury to close
up Bass Creek in said Town.

J3E it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That the inhabitants of
the town of Tisbury are hereby authorized and em-
powered to close up the creek, commonly called
Bass Creek, in the village of Holmes' Hole, so as
effectually to stop the communication of the waters
of the harbor of Holmes' Hole with the waters of
the Lagoon Pond, so called, through said creek.

[Approved by the Lieut. Governor, March 6, 1835.]

CHAP. XXXII.

Persons incor-
porated.

An Act to incorporate the Franklin Hemp and Flax
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 Henry Lewis and
Joseph W. Lewis, their associates, successors and
assigns, be, and they hereby are made a corporation,
by the name of the Franklin Hemp and Flax Manu-
facturing Company, for the purpose of spinning

THREE RIVERS BRIDGE. March 6, 1835. 335

hemp and flax, and manufacturing cordage, hemp
baggmg, duck, and twine, in the city of Boston, with
all the powers and privileges, and subject to all the
duties and requirements contained in the statute of
eighteen hundred and twenty-nine, chapter fifty-
third, defining the powers and duties of manufactur-
ing corporations.

Sec. 2. Be it further enacted, That the said Real and per-
corporation may take and hold such real estate, not
exceeding in value twenty-five thousand dollars, and
such personal estate, not exceeding in value seventy-
five thousand dollars, as may be suitable for carrying
on the manufacture aforesaid.

[Approved by the Lieut. Governor, March 6, 1835.]

CHAP. XXXIII.

An Act relating to the Three Rivers . Bridge in

Palmer.

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 support of Three
the first day of April next, the Three Rivers Bridge '^^" " ^^'
so called, which crosses the Chickopee River in
Palmer, in the county of Hampden, shall be sup-
ported, amended and sustained at the proper ex-
pense and charge of the said county of Hampden.
And it shall be the duty of the county commissioners,
for the said county of Hampden, for the time being,
to carry the provisions of this act into effect.

[Approved by the Lieut. Governor, March 6, 1835.]

336 WINNISIMMET BANK. March 6, 1835.

CHAP. XXXIV.

An Act in addition to "An Act to establish the
Winnisimmet Bank."

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

Fulton Bank. f)y fhc authority of the same. That the Corporation
created by the act, to which this is an addition, by the
name of the "President, Directors, and Company of
the Winnisimmet Bank," shall hereafter be known
by the name of the President, Directors, and Com-
pany of the Fulton Bank.

Previous act re- Sec. 2. Bc it further enacted. That so much of
the act to which this is an addition, as requires the
said bank to be established or kept near the Win-
nisimmet Ferry in the city of Boston, be, and the
same is repealed, and that the said bank may be
established and kept in any part of said city.

[Approved by the Lieut. Governor, March 6, 1835.]

pealed.

HERRING RIVER. March 6, 1836. 337

CHAP. XXXV.

An Act authorizing the Town of Harwich to con-
tinue a Bridge over Herring River.

j3E it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That the town of Har-
wich, is hereby authorized and empowered to con-
tinue and maintain the bridge over Herring River, in
said town, near the house of Job Chase, notwith-
standing any supposed navigability of the waters over
which said bridge extends: provided, that no toll
shall ever be demanded of any person for passing the
same.

[Approved by the Lieut. Governor, March 6, 1835.]

CHAP. XXXVI.

An Act to incorporate the Westport Allen Manufac-
turing Company.

Sec. 1. j3E it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That William H. Allen, Persons incor-
Gideon Allen, Joseph H. Allen, and Frederick Par-
ker, their associates, successors and assigns, be, and
they hereby are made a corporation, by the name

338

N. E. INDIA RUBBER CO.

March 6, 1835.

Real and per-
sonal estate.

of the Westport Allen Manufacturing Company, for
the purpose of manufacturing cotton yarn, and cotton
goods, in the town of Westport, in the county of
Bristol, with all the powers and privileges, and sub-
ject to all the duties and requirements contained in
the statute of eighteen hundred and twenty-nine,
chapter fifty-third, defining the powers and duties
of manufacturing corporations.

Sec. 2. Be it further e7iacted, That the said cor-
poration may take and hold such real estate, not ex-
ceeding in value fifty thousand dollars, and such per-
sonal estate, not exceeding in value fifty-five thousand
dollars, as may be suitable for carrying on the man-
ufacture aforesaid.

[Approved by the Lieut. Governor, March 6, 1835.]

CHAP. XXXVII.

Persons incor-
porated.

An Act to incorporate the New England India Rub-
ber Company.

Sec. 1. JlJE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That William Butters,
Joshua C. Bates, Benjamin Clark, Nathan Richard-
son, their associates, successors and assigns, be, and
they hereby are constituted a body corporate, by the
name of the New England India Rubber Company,
for the purpose of manufacturing, within the county
of Norfolk, goods, merchandize, and other articles,
the component stock of which will be wholly or in
part india rubber, or gum elastic, and for this pur-

BOYDEN IRON & STEEL CO. March 6, 1835. 339

pose shall have all the powers, and be subject to all
the duties and requirements contained in the statute
of eighteen hundred and twenty-nine, chapter fifty-
third, defining the powers and duties of manufactur-
ing corporations.

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

11111 1 1 • 1 • ^°°^' estate.

poration may take and hold such real estate, witnm
said county of Norfolk, not exceeding twenty thous-
and dollars, and such personal estate, not exceeding
in value fifty thousand dollars, as may be suitable for
carrying on the manufacture aforesaid.

[Approved by the Lieut. Governor, March 6, 1835.]

CHAP. XXXVIII.

An Act to incorporate the Boyden Malleable Cast
Iron and Steel Company.

Sec. 1. Be 2^ enacted by the Senate and House ^"a°e"i '"'*'''
of Representatives, in General Court assembled, and
by the authority of the same, That George Darracott,
Joseph Marriner, William B. Dorr, and their associ-
ates, successors and assigns, be, and they hereby are
created a corporation, by the name of the Boyden
Malleable Cast Iron and Steel Company, for the pur-
pose of manufacturing, in the city of Boston, in the
county of Suffolk, all kinds of iron and steel ware,
and articles, and for plating, painting and enamelling
the same; and for this purpose shall have all the
powers and privileges, and be subject to all the du-
ties and requirements, contained in the statute of one
thousand eight hundred and twenty-nine, chapter

sonal estate.

340 BERKSHIRE INSURANCE CO. March 6, 1835.

fifty-three, "defining the general powers and duties
of manufacturing corporations."
Real and per- ^^^* ^' ^^ it further cnacted, That the said cor-
poration may take and hold such real estate, in said
Boston, not exceeding in value the sum of one hun-
dred thousand dollars, and such personal estate, not
exceeding in value the sum of two hundred thousand
dollars, as may be suitable for carrying on the man-
ufacture aforesaid.

[Approved by the Lieut. Governor, March 6, 1835.]

CHAP. XXXIX.

An Act to incorporate the Berkshire Mutual Fire
Insurance Company.

Sec. 1 . JdE it enacted by the Senate and House
of Representatives, in General Court assembled, and
Persons incorpo- })y fhc authority of thc saMC, That Nathan Willis,
Edward A. Newton, Ezekiel R. Colt, their associ-
ates and successors, be, and they hereby are made a
corporation, by the name of the Berkshire Mutual
Fire Insurance Company, with all the powers and
privileges contained in the statute of the year one
thousand eight hundred and thirty-three, chapter
eighty-three, and all other powers and privileges in-
cident to similar corporations, for the term of twen-
ty-eight years; and every person who shall be insur-
ed by said corporation, shall be a member thereof so
long as he shall be thus insured.

Sec. 2. Be it further enacted, That the said
corporation shall annually elect not less than five di-

BERKSHIRE INSURANCE CO. March 6, 1835. 341

rectors, who at the time of their election shall be citi-
zens of the Commonwealth, and after the first elec-
tion, members of the corporation, and who shall man-
age and conduct all the affairs and business of the
corporation. All elections shall be by ballot and in Elections by bai-
the manner provided by the by-laws, and absent
members may vote by proxy : provided, that no one
member shall be allowed more than five votes.

Sec. 3. Be it further etiacted, That the directors choke of offi-
shall meet as soon as may be after their election,
and choose one of their number to be president, and
they shall also choose a secretary and treasurer.
The secretary shall be sworn to the faithful dis-
charge of his duty, and shall keep a true record of all
votes of the corporation, and of the directors, and of
all policies issued by the corporation. All the officers
shall hold their offices until others are chosen, and all
vacancies may be filled by a special election, in the
manner prescribed for the annual elections.

Sec. 4. Be it further enacted, That when the May insure for a
sum of fifty thousand dollars shall be subscribed to years.
be insured by said corporation, they may insure for
a term not exceeding seven years, upon any building
or furniture in the same, within this Commonwealth,
any amount not exceeding three-fourths of the value
thereof: and all policies of insurance by them made,
shall be subscribed by the president, or in case of
his death, inability or absence, by any two of the
directors, and countersigned by the secretary, and
shall be binding upon the corporation, and have the
same effect, as if under their corporate seal.

Sec. 5. Be it further enacted, That the funds of Funds to be in-

•^ _ \ vested in stocks.

said corporation shall be invested in stocks or loaned
on security, as the directors may order; and shall be
appropriated, first to pay their expenses, and then to

342 BERKSHIRE INSURANCE CO. March 6, 1835.

assess^Inembers* P^J ^^® damages which any member may be entitled
to recover on his policy, and if any member shall
have a just claim upon said corporation, exceeding
the amount of their then existing funds, exclusive of
deposit notes made by the members, the directors
shall forthwith assess such sum as may be neces-
sary to pay the same, upon the members, in pro-
portion to the amount of their premiums and depos-
its, severally, for seven years, but not to exceed
double the amount of such premiums and deposits.

In case directors Sec. 6. Be it further etMcted, That whenever

refuse to assess, ^

•^'=- sufficient estate or funds of said corporation cannot

be found to satisfy any execution against them,
founded upon a judgment on any policy issued by
them, and the directors shall neglect or refuse, for
thirty days after the rendition of such judgment, to
make an assessment therefor as herein provided, and
to deliver the same to the treasurer, and direct him
to collect the same, or if, when the said assessment
is collected, or when the said corporation have suffi-
cient funds therefor, the directors neglect or refuse
to pay the said execution ; then, and in either case,
the same may be levied upon the private property of
any one or more of the directors. And any direct-
or, whose property may be so taken, or who may
pay the same, may have his action against the cor-
poration to recover full and adequate damages there-
for.

Policy create a Sec. 7. Bc it further enacted, That each policy

lien on property ^ ^ _ .

insured. issucd by Said corporation, shall of itself, and with-

out any other ceremony, create a lien on the interest
of the person insured, in any building thereby insur-
ed, and in the land under the same, for the security
and payment of any sums for which he may be liable
to be assessed, in consequence of taking or holding

BERKSHIRE INSURANCE CO. March 6, 1835. 343

said policy: provided, the extent of such liability, Proviso.
and the intention of the corporation to rely upon
such lien shall be set forth in the policy ; and that
such lien shall cease upon the expiration of the poli-
cy, or upon the alienation of the estate to a bona
fide purchaser, unless the policy shall be continued
in force, by consent of the purchaser, notwithstand-
ing such alienation. And if it shall become neces-
sary to resort to such lien for the payment of any
deposit note, or any assessment secured thereby,
the treasurer shall demand payment thereof from
the assured or his legal representatives and also
from the tenant in possession of the insured prem-
ises, setting forth in writing; the sum so due : and in Execution, how

' n o ^ levied.

case the same is not paid, the corporation may main-
tain an action therefor, and may levy any execution
issued thereon, upon the estate subjected to the lien,
and the officer making the levy may sell the whole,
or any part thereof at auction, in the same manner
as is required by law in the sale upon execution of
equities of redemption of mortgaged premises ; and ^'s^^ ^^ redeem
the owner shall have a right to redeem said estate
within one year from the time of sale, by paying the
amount which may by such sale have been satisfied
on such execution, with interest, at the rate of twelve ^

per cent, per annum thereon, deducting the rents
and profits over and above the repairs. And if there
be any surplus of the proceeds of such sale, after
satisfying the execution with the legal costs and
charges, the officer shall return such surplus to the
owner of the estate.

Sec. 8. Be it further enacted, That each mem- Right of mem-

... bers, &c.

ber of the corporation shall, at the expiration of his
policy, have a right to demand and receive from
them his share of the funds then remaining, after

ed.

344 BOS. CHEM. LABORATORY. March 6, 1835.

paying all expenses and losses then incurred, in pro-
portion to the sum or sums by him actually paid, in
consequence of said policy.
Liable to be tax. Sec. 9. Be it further enacted, That the said cor-
poration shall be liable to be taxed by any general
law taxing similar institutions ; and the directors
shall, when required by the legislature, lay before
them a statement of their affairs and business, and
submit to an examination concerning the same un-
der oath.

[Approved by the Lieut. Governor, March 6, 1835.]

rated.

CHAP. XL.

An Act to incorporate the proprietors of the Boston
Chemical Laboratory.

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 Ebenezer Stevens,
Benjamin F. Hathorne, Josiah Dunham, Jr. and John
P. Caldwell, their associates, successors and assigns,
be, and they hereby are made a corporation, by the
name of the Boston Chemical Laboratory, for the
purpose of manufacturing chemical preparations at
Boston, in the county of Suffolk, and for this pur-
pose shall have all the powers and privileges, and be
subject to all the duties and requirements, contained
in the statute of one thousand eight hmidred and
twenty-nine, chapter fifty-third, defining the general
powers and duties of manufacturing corporations.

PEMBROKE AND HANOVER. March 6, 1835. 345

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 ten thousand dollars, and such per-
sonal estate, not exceeding in value twenty thousand
dollars, as may be suitable for carrying on the man-
ufacture aforesaid.

[Approved by the Lieut. Governor, March 6, 1835.]

CHAP. XLI.

An Act to establish a part of the dividing line be-
tween Pembroke and Hanover.

XjE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That the following
described line be in future a part of the dividing line
between the towns of Pembroke and Hanover,
viz : beginning at the middle of the centre pier
of the bridge over Indian Head River, below the
dam, thence south eighty-two degrees west, by the
magnetic meridian, eleven and one fourth rods to
the dam.

[Approved by the Lieut. Governor, March 6, 1835,]

346 OLD COLONY INS. CO. March 6, 1835.

CHAP. XLIL

An Act to incorporate the Old Colony Insurance
Company.

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

Persons incorpo. % thc authority of thc same, That Jacob Covmgton,
Ezra Finney, and their associates, successors and
assigns, be, and they are hereby made a body politic,
by the name of the Old Colony Insurance Company,
for the purpose of making maritime loans and insur-
ance against maritime losses, in the customary man-
ner, 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

Estate. the passing of this act, and may purchase, hold and

convey any estate, real or personal, for the use of
said company. Provided, that the real estate shall
not exceed the value of five thousand dollars, except-
ing such as may be taken for debt, or held as col-
lateral security, for money due to said company.

Capital stock. Sec. 2. Bc it further enacted. That the capital

stock of said company shall be fifty thousand dollars,

UNION SOCIETY. March 6, 1^35. 347

and shall be divided into shares of one hundred
dollars each, and shall all be collected and paid, in
such instalments and under such provisions and pen-
alties, as the president and directors of said company
shall order and appoint.

Sec. 3. Be it further enacted, That the old Place of loca-
colony insurance company shall be located in the
town of Plymouth.

[Approved by the Lieut. Governor, March 6, 1835.]

CHAP. XLIII.

An Act to incorporate the Union Society in Marl-
borough.

Sec. 1. -OE it enacted by the Senate and House
of Representatives, in General Court assembled^ and
by the authority of the same, That the First Parish,
and the First Evangelical Congregational Society,
in the town of Marlborough, are hereby incorporated
as one religious society, by the name of the "Union
Society in Marlborough," with all the powers and
privileges, and subject to all the duties and liabilities
by law incident to religious societies in this Com-
monwealth.

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

" 111 sonal estate.

Society shall be deemed and taken to be the lawful
successor of the said first parish and first evangelical
congregational society, and as such shall take and
hold all property now belonging to said last mention-
ed societies respectively, and may take, hold and

348 PIERCE ACADEMY. 3Iarch 7, 1835.

manage any estate, the annual income of which shall
not exceed one thousand dollars : provided the same
be appropriated exclusively to parochial purposes.

[Approved by the Lieut. Governor, March 6, 1835.]

CHAP. XLIV.

An Act to incorporate the Pierce Academy.

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

Persons incorpo- by the authority of the same, That John Allen, John
O. Choules, Hervey Fittz, Peter H. Pierce, Isaac
Stevens, Wilkes Wood, Avery Briggs, Elisha Tucker,
and James A. Leonard, their associates and succes-
sors, be, and they hereby are incorporated as Trustees
of the Pierce Academy, to be established in the town
of Middleborough, in the county of Plymouth, with
the powers and requirements contained in the statute
of one thousand eight hundred and thirty-three,

Real and per. chapter eightv-three, with power to hold real and

sonal estate. i o j i

personal estate, not exceedmg twenty thousand dol-
lars, to be devoted exclusively to the purposes of
education.

[Approved by the Lieut. Governor, March 7, 1 835.]

LAFAYETTE INSURANCE CO. March 7, 1835. 349

CHAP. XLV.

An Act to incorporate the Lafayette Fire and Ma-
rine Insurance 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 Edmund Bray, P^ed""' '°''"'p°"
Benjamin Porter, Joseph W. Green, Edmund Kim-
ball, and John Candler, Jr., their associates and suc-
cessors, are hereby made a body politic, by the
name of the Lafayette Fire and Marine Insurance
Company, to be located in the town of Marblehead,
for the purpose of making loans, and insurance
against fire and maritime losses, in the customary
manner ; with all the privileges, and subject to all
the duties and obligations, contained in the one hun-
dred and twentieth chapter of the statutes of eigh-
teen hundred and seventeen, in the one hundred and
forty-iirst chapter of the statutes of eighteen hun-
dred and nineteen, and in the ninety-fifth chap-
ter of the statutes of eighteen hundred and thirty-
two, for and during the term of twenty years after
the passing of this act.

Sec. 2. Be it further enacted. That the capital Amount of capi-

tal 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 be collected and
paid in, in such instalments, and under such provis-
ions and penalties, as the president and directors of
said company shall order and appoint; and they may
purchase, hold and convey, any estate, real or per-
45

350 B. & P. RAIL-ROAD CORP. March 7, 1835.

sonal, for the use of said company : provided, the
real estate shall not exceed the value of five thou-
sand dollars, excepting such as may be taken for
debt, or held as collateral security for money due to
said company.

[Approved by the Lieut. Governor, March 7, 1835.]

CHAP. XLVL

An Act for confirming the proceedings and extend-
ing the power of the Boston and Providence Rail-
road Corporation.

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

of Representatives, in General Court assembled, and

Loeation of the f)y the authoritii of the same. That the doings of

route of the ^ J J ^ o

Br^a^nch Rail- ^j^e Said corporatiou, locating the route for their
branch rail-road to Dedham village, be confirmed,
the said route being as follows : — commencing at a
point eight miles and three thousand four hundred
and three feet from the Boston and Providence rail-
road depot in Boston, thence proceeding south thir-
ty-one degrees and forty-five minutes west, one hun-
dred feet, thence south thirty-eight degrees and fif-
teen minutes west, one hundred feet, thence south
forty-four degrees forty-five minutes west, one hun-
dred feet, thence south fifty-one degrees fifteen min-
utes west, one hundred feet, thence south fifty-seven
degrees forty-five minutes west, one hundred feet,
thence south sixty-four degrees fifteen minutes west,
one hundred feet, thence south seventy degrees for-
ty-five minutes west, one hundred feet, thence south

B. & P. RAIL-ROAD CORP. March 7, 1835. 351

seventy-seven degrees fifteen minutes west, one Location of the

, route, &c.

hundred feet, thence south eighty-three degrees for-
tj-five minutes vv^est, one hundred feet, thence north
eighty-nine degrees forty-five minutes west, one
hundred feet, thence north eighty-three degrees fif-
teen minutes west, one hundred feet, thence north
seventy-six degrees forty-five minutes west, one
hundred feet, thence north seventy degrees fifteen
minutes west, one hundred feet, thence north sixty-
three degrees forty-five minutes west, one hundred
feet, thence north fifty-nine degrees thirty minutes
west, one hundred feet, thence north fifty-eight de-
grees west, twenty-nine hundred feet, thence north
fifty-seven degrees west, one hundred feet, thence
north fifty-five degrees west, one hundred feet,
thence north fifty-three degrees west, one hundred
feet, thence north fifty-one degrees west, one hun-
dred feet, thence north forty-nine degrees west, one
hundred feet, thence north forty-eight degrees west,
twenty-four hundred feet, thence north forty-eight
degrees thirty minutes west, one hundred feet,
thence north fifty degrees west, one hundred feet,
thence north fifty-two degrees west, one hundred
feet, thence north fifty-four degrees west, one hun-
dred feet, thence north fifty-six degrees west, one
hundred feet, thence north fifty-eight degrees west,
one hundred feet, thence north sixty degrees west,
one hundred feet, thence north sixty-two degrees
west, one hundred feet, thence north sixty-four de-
grees west, one hundred feet, thence north sixty-six
degrees west, one hundred feet, thence north sixty-
eight degrees west, one hundred feet, thence north
seventy degrees west, one hundred feet, thence
north seventy-two degrees west, one hundred feet,
thence north seventy-three degrees forty-five min-

352

B. & P. RAIL-ROAD CORP.

March 7, 1835.

Authorized to
contract, &c.

Location of the Qtes west, oiie hundred feet, thence north seventy-four

route, &.C. -^

degrees thirty-five minutes west, twenty-six hundred
feet, thence north seventy-two degrees thirty min-
utes west, one hundred feet, thence north sixty-eight
degrees thirty minutes west, one hundred feet,
thence north sixty-four degrees thirty minutes west,
one hundred feet, thence north sixty-two degrees
thirty minutes west, one hundred feet, thence north
sixty degrees forty-five minutes west, one hundred
feet. The above courses being according to the
magnetic meridian, and representing the centre line
of the road, the said centre line conforming to those
courses as near as practicable, consistently with its
forming a regular curve where the direction va-
ries. And the route above described shall be as
valid, as if it had been so described in the act au-
thorizing the construction of said branch rail-road,
passed in the year eighteen hundred and thirty-four,
chapter one hundred and seventy-one.

Sec. 2. Be it further enacted, That the said cor-
poration, be, and they hereby are authorized to con-
tract with the Boston and Providence rail-road and
transportation company, a corporation established
by the state of Rhode Island, for the use of a bridge
across Seekonk river, of a rail-road from thence to a
suitable landing place in the city of Providence, of
a depot for merchandize, cars and engines, and of
work-shops and other necessary buildings for the use
of said road, at that place, the construction of all
which is contemplated by said last named corpora-
tion ; the said contract to be upon such terms as
shall be thought equitable between the parties.

[Approved by the Lieut. Governor, March 7, 1835.]

FALMOUTH ACADEMY. March 1.US5. 353

CHAP. XLVn.

An Act to incorporate the Falmouth Academy.

UE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That John Jenkins, Persons incorpo.
Richard S. Wood, and Knowles Butler, their associ-
ates and successors, be, and they hereby are incorpo-
rated as the Proprietors of the Falmouth Academy,
to be established in the town of Falmouth, in the
county of Barnstable, with the powers and require-
ments contained in the statute of the year one thou-
sand eight hundred and thirty-three, chapter eighty-
three, and with power to hold real and personal Real and per-

,. . , , » sonal estate.

estate, not exceedmg m value the sum oi twenty
thousand dollars, to be devoted exclusively to the
purposes of education.

[Approved by the Lieut. Governor, March 7, 1835.]

CHAP. XLVHL

An Act concerning Limited Partnerships.

Sec. 1 . Be it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That limited partner- Limited partner-
ships, for the transaction of mercantile, mechanical ^ '^^'

354 LIMITED PARTNERSHIPS. March 10, 1^35.

or manufacturing business, within this Common-
wealth, may be formed by two or more persons,
upon the terms, and subject to the conditions and li-
abilities herein after prescribed : provided, however,
that nothing in this act contained shall authorize such
partnerships for the purpose of banking or msurance.
General and Sec. 2. Bc it further euacted, That partnerships,

special partners. ~ , , , . . ^

formed under this act, may consist of one or more
persons, who shall be called general partners, and
who shall be jointly and severally responsible, as
general partners now are by law ; and of one or
more persons who shall contribute a specific sum in
actual cash payment as capital, to the common stock,
who shall be called special partners, and who shall
not be liable for the debts of the partnership beyond
the sum so contributed by him or them to such
capital.
Certificates to be Sec. 3. Be it further enacted, That persons for-
ners. uiiug sucli partnerships shall make, and severally

sign a certificate, which shall contain the name or
firm, under which said partnership is to be conduct-
ed ; the names and respective places of residence of
all the general and special partners ; distinguishing
which are general and which are special partners ;
the amount of capital which each special partner has
contributed to the common stock ; the general na-
ture of the business to be transacted, and the time
the partnership is to commence, and when it is to
terminate.
Certificate to be Sec. 4. Be it further enacted. That such part-

acknowledged i-iii ii ii i r J

before a justice uci'ship shall iiot bc deemed to havc been formed,
until a certificate, made as aforesaid, shall be ac-
knowledged by all the partners, before some justice
of the peace, and recorded in the registry of deeds,
of the county in which the principal place of the busi-

er the peace, &c.

LIMITED PARTNERSHIPS. March 10, 1835. 355

ness of the partnership is situated, in a book to be
kept for that purpose, open to public inspection.
And if the partnership shall have places of business ^^1^'^""^. **'" "'*
situated in different counties, a copy of the certificate,
certified by the register of deeds in whose office it
shall be recorded, shall be filed and recorded in like
manner in the office of the register of deeds in every
such county. And if any false statement shall be
made in such certificate, all the persons interested
in said partnership shall be liable for all the engage-
ments thereof, as general partners.

Sec. 5. Be it further enacted, That, after such Copyofcenifi-
, . . cate to be pub-

registry, the partners shall, lor six successive weeks, ushed.

immediately thereafter, publish a copy of the certifi-
cate above mentioned, in a newspaper printed in the
county where their principal place of business is sit-
uated, and if no such paper be there printed, then in
a newspaper printed in the city of Boston, and if
such publication be not so made, the partnership
shall be deemed general.

Sec. 6. Be it further enacted, That, upon every in case of re-

, . r 1 1*11 newai of part-

renewai or continuance oi such partnership, beyond nership, &c.
the time originally fixed for its duration, a certificate
thereof shall be made and acknowledged, recorded
and published, in the same manner as is provided for
in the third, fourth, and fifth sections of this act, re-
specting the original formation of such partnerships.
And every such partnership, otherwise renewed or
continued, shall be deemed a general partnership.

Sec. 7. Be it further enacted, That the busi- Partnerships,

• 1 II 1 1 1 1 how styled.

ness of the partnership shall be conducted under
a firm, in which the names of the general partners
only shall be inserted, without the addition of the
word "Company," or any other general term ; and
the general partners only shall transact business.

356 LIMITED PARTNERSHIPS. March 10, 1835.

And if the name of any special partner shall be used
in such firm, with his consent or privity, or if he
shall personally make any contract respecting the
concerns of the partnership, with any person except
the general partners, he shall be deemed and treated
as a general partner.

Capital stock, Sec. 8. Be it further enacted, That, during the
continuance of any partnership under the authority
of this act, no part of the capital stock thereof shall
be withdrawn therefrom, nor any division of interest
or profits be made, so as to reduce such capital stock
below the sum stated in the certificates before men-

Speciai partners tioned : aud, if at any time durino; the continuance

responsible in . '^ i • i

certain cases, or at the termination of the partnership, the property
> or assets shall not be sufficient to pay the partnership

debts, then the special partners shall severally be held
responsible for all sums by them in any way received,
withdrawn, or divided, with interest thereon, from
the time when they were so withdrawn respectively.
Assignment not Aud uo general assignment by said partnership, in
vai ,uness, c. ^j^^ ^f insolveucy, or where their goods and estate
are insufficient for the payment of all their debts,
shall be valid, unless it shall provide for a distribu-
tion of the partnership property among all the credi-
tors, in proportion to the amount of their several
claims, excepting the claims of the government of
the United States, arising from bonds for duties,
which are first to be paid or secured. And the as-
sent of the creditors to such assignment shall be pre-
sumed, unless they, either expressly, or by some
act inconsistent with such assent, shall dissent there-
from, within sixty days from the time of notice ; aud
no such assignment shall be valid, unless notice of
the same shall be given in some newspaper, printed
in the county, where the place of business of the

LIMITED PARTNERSHIPS. March 10, 1835. 357

party making the same is situated, and if no news-
paper be printed in said county, then in some news-
paper printed in the city of Boston, within fourteen
days after the making of such assignment : provided,
however, that notice of such assignment made by
partners whose place of business is in Dukes County,
or Nantucket, shall be given in some newspaper
printed in Boston, within sixty days from the date
of the assignment, if no newspaper be printed in the
county where such place of business is situated.

Sec. 9. Be it further enacted, That all suits suits brought by
respecting the business of such partnership, shall be erai partners
brought and prosecuted by and against the general
partners only, except in those cases in which pro-
vision is herein before made, that special shall be
deemed general partners, and special partnerships be
deemed general, in which cases all the partners
deemed general as aforesaid may join or be joined
in such suits, excepting also cases where special
partners shall be severally held responsible under the
provisions of the foregoing section.

Sec. 10. Be it further enacted, That no disso- Dissolution of
lution of such partnership shall take place, (except p^''^""* 'p^*
by operation of law,) before the time specified in
the certificate before named ; unless a notice of said
dissolution be recorded in the registry in which the
original certificate, or certificate of renewal or con-
tinuance was recorded, and in any other registry
where the copy of said certificate was recorded, and
published in such newspaper as is directed in the
fifth section of this act.

Sec. 11. Be it further enacted. That in all cases. Members subject
not otherwise provided for in this act, the members iL^fcc.'^ "
of limited partnerships shall be subject to all the
legal liabilities, and entitled to all the legal immuni-

358 UNION MEETING-HOUSE. March 11, 1835.

ties which are incident to general partnerships ; and
the justices of the supreme judicial court may hear
and determine in equity all questions between co-
partners, in any partnership formed by virtue of this
act, and between said copartners and any creditor
or creditors of the firm.

[Approved by the Lieut. Governor, March 10, 1835.]

CHAP. XLIX.

An Act to incorporate the Proprietors of the Union
Meeting-house in Worcester.

JlJE it enacted by the Senate and House
of Representatives, in General Court assembled, and
rateT"^ '°"''^°* % ^^^ authority of the same, That John Coe, Sam-
uel Perry, and William T. Merrifield, their associ-
ates and successors, are hereby made a corporation,
by the name of the Proprietors of the Union Meet-
ing-house in Worcester, with power to hold real and
personal estate, to an amount not exceeding in value
twenty thousand dollars, to be appropriated exclu-
sively to parochial purposes, which said property
may be holden by said proprietors in shares of one
hundred dollars each.

[Approved by the Lieut. Governor, March 11,1 835.]

NEWBURYPORT ATHENtEUM. March 11,1 835. 359

CHAP. L.

An Act to change the name of the town of East
Sudburj.

Be it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That, from and after
the passing of this act, the town of East Sudbury,
in the county of Middlesex, shall be called and
known by the name of Wayland.

[Approved by the Lieut. Governor, March 11, 1835.]

CHAP. LI.

An Act in addition to the Act incorporating the
Newburyport Athengeum.

it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That the number of
votes of each stockholder shall be according to the
number of shares he may hold : pi^ovided, that no
one corporator shall have more than five votes ; and
absent stockholders may vote by proxy, such proxy
being authorized in writing.

[Approved by the Lieut. Governor, March 11, 1835.]

360 WINNISIMMET ACADEMY. March 12, 1835.

CHAP. LII.

An Act to incorporate the Winnisimmet Academy.

jjE it enacted by the Senate and House
of Representatives, in General Court assembled, and
Persons incorpo- by the authority of the same. That Abel Bowen, Hen-
ry H. W. Sigourney, and Charles H. Stedman, their
associates, successors and assigns, are hereby made
a corporation, by the name of Winnisimmet Acade-
my, to be established at Winnisimmet village, in the
town of Chelsea, county of Suffolk, with all the
powers and privileges, and subject to all the duties
and requirements, contained in the statute of one
thousand eight hundred and thirty-three, chapter
May hold real eighty-third ; with authority to hold and manage real
^tlte^"°"^' and personal estate, not exceeding forty thousand
dollars, to be devoted exclusively to the purposes of
education, the arts, and sciences.

[Approved by the Lieut. Governor, March 12, 1835.]

PLYMOUTH FIRE DEPART. March 12, 1836. 361

CHAP. LIII.

An Act to establish a Fire Department in the town
of Plymouth.

Sec. 1 . j3E it enacted by the Senate and House
of Representatives, in General Court assembled, and selectmen to ap-
by the authority of the same, That the selectmen annually.
of the town of Plymouth are authorized, and it
shall be their duty, in the month of April in each
year, to appoint as many engineers for their fire
department as they may think expedient : provided,
such number so appointed shall not exceed twelve,
who shall hold their offices for one year, from and
after the first day of May next succeeding, and until
others are appointed in their places. The said se- Tofiii vacancies.
lectmen are authorized and required to fill any va-
cancies in the said office of engineer, and the said
engineers shall possess the same authority, and ex-
ercise the same powers in relation to the extinguish-
ment of fires, as firewards do by law possess and
exercise.

Sec. 2. Be it further enacted. That the said To issue a war-
selectmen, immediately after the appointment of
said engineers shall have been made, shall issue a
warrant to one of their number, requiring him to no-
tify a meeting of the board of engineers, at such time
and place as shall be designated in such warrant, at
which meeting the said engineers shall elect from
their number, a chief engineer, a clerk, and such
other officers as they may deem necessary for their
more complete organization.

362 PLYMOUTH FIRE DEPART. March 12, 1835.

Engineers to ap- g^c. 3. Bc it farther enacted, That the said

point enginemen. ^ '

engineers be, and they are hereby authorized and
required, to exercise all the powers, and perform all
the duties, in relation to the nomination and appoint-
ment of enginemen, which the selectmen of said
town have been heretofore by law authorized and
required to exercise and perform ; and said engineers,
and all persons by them appointed, pursuant to this
act, shall be subjected to the same duties, and enti-
tled to the same privileges and exemptions as en-
ginemen are by law subjected and entitled to, when
Exempted from appointed by the selectmen. Provided, however,
produclngcenifi" that they shall not be exempted from military duty,
unless they shall produce to the commanding officer
of the company, within whose bounds they reside,
in the month of May, in each year, certificates of
their appointment, signed by the chief engineer, or
by the clerk of the board of engineers.
Engineers au- ^Ec. 4. Bc it furthcr cnactcd, That the said
polnt^meii^to^he engineers be, and they are hereby authorized and
engines, &c. empowered, to appoint such number of men to the
engines, and hook and ladder carriages, as they shall
think expedient : provided, that the number of men
appointed to each and every hydraulion, or engine
with suction hose, shall not exceed fifty men, to
each common engine thirty-five men, and that the
number of hook and ladder men shall not exceed
Companies to fifty mcu. And thc Said engine, and hook and lad-

elect their offi- "^ . i • i • i

cers, &c. der carriage men, are authorized to organize them-

selves into distinct companies, to elect captains,
clerks, and other necessary officers, to establish such
rules and regulations as may be approved by the
board of engmeers, to annex penalties to the breach
of the same, which may be sued for and recovered
by the clerk of any company so organized, before

PLYMOUTH FIRE DEPART. March 12, 1835. 3G3

any court of competent jurisdiction, to be appropri-
ated to the use of said company. Provided, that
no penalty shall exceed the sum of ten dollars : and
provided, further, that such rules and regulations be
not repugnant to the constitution and laws of this
Commonwealth.

Sec. 5. Be it further enacted. That the said Engineers to

*^ _ have the super-

board of engineers shall have the care and superin- intendenceofthe

" _ ^ ■•• public engines,

tendence of the public engines, hose, fire-hooks and ^^^
ladder carriages and ladders, together with the build-
ings, fixtures, and appendages thereto belonging ;
and all the pumps, reservoirs for water, and all ap-
paratus, owned by the town of Plymouth, and used
for extinguishing fires, and shall cause the same to
be kept in repair, and when worn out, to be replac-
ed ; and from time to time shall make such altera-
tions therein, and additions thereto, as they shall
deem necessary : provided, such alterations, additions
or repairs, shall not exceed, in any one year, the
sum of one hundred dollars, unless said town of Ply-
mouth shall have authorized a larger appropriation.

Sec. 6. Be it further enacted. That said board Engineers to es-

P . • 1 r 1 T 1 *-alish rules and

01 engmeers, at any meetnig thereor, may establish ordinances.
such rules and ordinances as they may judge proper,
to prohibit or regulate the carrying of fire, fire-
brands, lighted matches, or any other ignited mate-
rials, openly in the streets or thoroughfares of said
town, or in such parts thereof as they may de-
signate, and to prohibit any owners or occupants of
any building within said town, or such parts thereof
as such board may designate, from erecting or main-
taining any defective chimney, hearth, oven, stove
or stove-pipe, fire-frame, or other fixtures, deposit of
ashes, or any mixture, or other material, which may
produce spontaneous combustion, or whatever else
may give just cause of alarm, or may be the means

364 PLYMOUTH FIRE DEPART. March 12, 1835.

of kindling or spreading fires. And the board of
engineers may also, from time to time, make and
ordain rules and regulations, for their own govern-
ment, and for the conduct of citizens, present at any
fire, and may annex penalties for the breach of any
rule, regulation, or ordinance, which they may have
deemed expedient to make, not exceeding twenty
dollars for any one breach thereof, and the same
may be prosecuted for, and recovered by the chief
engineer in his own name, before any court of com-
petent jurisdiction ; and all penalties so recovered

Penalties. shall bc appropriated by said engineers to the im-

provement of the fire apparatus of said town : pro-
vided, such regulations and ordinances shall not be
repugnant to the constitution and laws of the Com-
monwealth, and shall not be binding until the same
shall have been approved by the inhabitants of said
town, in legal meeting held for that purpose, and
published in some newspaper printed in said town of
Plymouth. And it shall be the duty of said chief
engineer, in the month of March or April, annually,
to make report to the town, of the state of the de-
partment, and render an account of all monies re-
ceived and expended.

Former laws re- Sec. 7. Be it further enacted. That all former

pealed. ^ , *^,

laws inconsistent with the provisions of this act, be,
and the same hereby are repealed, so far as they are
applicable to said town of Plymouth : jwovided, that
this act shall not take effect until the same shall
Act.whentotake havc bccu acccptcd by a majority of the qualified
voters of said town present and voting thereon, at a
meeting legally notified for that purpose, and that,
when so accepted, the same shall be liable to be
modified or repealed by the Legislature of this Com-
monwealth.

[Approved by the Lieut. Governor, March 12, 1835.]

G. & H. OF CORRECTION. March 12, 1835. 366

CHAP. LIV.

An Act in addition to "An Act for the regulation of
Gaols and Houses of Correction."

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

%the authority of the satne. That, in addition to Spirituous liquor,
'J 'J _ penalty lor sell-

the offenders enumerated in the second section of '"?•
the act to which this is an addition, any person or
persons who shall sell any spirituous or fermented li-
quor without license, in any house, shop, room or hall
used for the purpose of tippling, gambling, or for the
resort of loose, lascivious, wanton or dissolute per-
sons, or any person or persons charged with larceny
of any money or chattels, not exceeding five dollars
in value, upon conviction thereof, before any justice
of the peace, or any police court, or court of common
pleas, may be punished in the manner provided in
the third section of the act to which this is in addition,
and shall have the same right of appeal as is therein
provided.

Sec. 2. Be it further enacted. That the said jus- offences, how

c ■, !• /. punishable.

tice or the peace, police court, or court or common
pleas, may also punish for any of the offences enu-
merated in this act, or in the second section of the
act to which this is in addition, by fine not exceed-
ing twenty dollars for one offence.

[Approved by the Lieut. Governor, March 12, 1835.]

366

S. B. INDIA RUBBER CO.

March 19, 1835.

CHAP. LV.

Persons incor-
porated.

Real and per-
sonal estate.

An Act to incorporate the South Boston India Rub-
ber 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 Seth J. Thomas,
Ebenezer Stevens and Josiah Dunham, Jr. their as-
sociates, successors and assigns, be, and they hereby
are made a corporation, by the name of the South
Boston India Rubber Company, for the purpose of
manufacturing in the city of Boston, articles compos-
ed wholly, or in part, of India rubber, and for that
purpose, shall have all the powers, and be subject to
all the duties and requirements, contained in the
statute of one thousand eight hundred and twenty-
nine, chapter fifty-third, defining the general powers
and duties of manufacturing corporations.

Sec. 2. Be it further enacted. That said corpo-
ration may hold such real estate in said city of Bos-
ton, not exceeding twenty thousand dollars, and such
personal estate, not exceeding in value thirty thou-
sand dollars, as may be suitable for carrying on the
manufacture aforesaid.

[Approved by the Lieut. Governor, March 19, 1835.]

CHOATE'S BRIDGE. March 19, 1835. 367

CHAP. LVI.

An Act to authorize the widening of Choate's Bridge
over Ipswich River, in the county of Essex.

Sec. 1. JjE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That the County Com- widen choate's
missioners for the county of Essex, be, and they
hereby are authorized and empowered to widen and
extend Choate's Bridge, in Ipswich, in such manner
as they shall judge the public convenience may re-
quire, notwithstanding said bridge extends over nav-
igable tide waters.

Sec. 2. Be it further enacted, That the said Expense to be

. . 1 , 1-11 -1 P^'"^'y assessed

commissioners are hereby authorized and required, on the county of
to assess upon the county of Essex one half of the
expense of widening and extending said bridge,
and such other further sum as they shall judge rea-
sonable, and order the same to be paid from the
treasury thereof.

[Approved by the Lieut. Governor, March 19, 1835.]

368

INDIA FIRE & MARINE CO. March 19, 1835.

Time extended
for paying in
capital stock.

CHAP. LVII.

An Act to extend the time for paying in the Capital
Stock of the India Fire and Marine Insurance
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 where-
in the capital stock of the India Fire and Marine
Insurance Company, is by law required to be paid
in, be, and the same hereby is extended unto the
twenty-fifth day of March, in the year of our Lord
one thousand eight hundred and thirty-six.

[Approved by the Lieut. Governor, March 19, 1835.]

CHAP. LVllI.

Persons incor*
porated.

An Act to incorporate the Northampton Female
Seminary.

13 E it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That Henry G. Bowers,
Thomas Napier, Charles A. Dewey, their associates
and successors, are hereby incorporated by the name
of the Trustees of the Northampton Female Semina-
ry, to be established in Northampton, in the county

HARBOR OF EDGARTOWN. March 19, 1836. 369

of Hampshire, with the powers contained in " an
act concerning corporations," passed March eighth,
one thousand eight hundred and thirty-three, and
with power to hold real and personal estate, not ex- Keaiandper-

_ ^ ^ sonal estate.

ceeding in value the sum of fifty thousand dollars, to
be devoted exclusively to the purposes of education.

[Approved by the Lieut. Governor, March 19, 1835.]

CHAP. LIX.

An Act authorizing John O. Morse to construct a
Wharf and Marine Railway in the Harbor of Ed-
gartown.

JdE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That John O. Morse be, Marine Railway

*^ '^ / . and wharf [fi the

and he hereby is authorized and allowed to build, harbor of Edgar-

. • . ., 1 town.

erect, continue and maintain a marine railway and
wharf, in the harbor of Edgartown, in Dukes County,
below low water mark, adjoining his land, and to
extend the same into the channel of said harbor, to
where there may be a depth of water equal to that
at the other wharves erected in said harbor, and that
he be allowed all the privileges heretofore granted
to proprietors of wharves, or that may hereafter be
granted to proprietors of wharves, or marine rail-
ways in said harbor, for the use, occupation, and
accommodation of said wharf and railway : provided,
that this grant shall in nowise interfere with the
legal rights of any other person or persons whatever.

[Approved by the Lieut. Governor, March 19, 1835.]

370

B. UNION MANUFAC. CO.

Marc/t 19, 1836.

CHAP. LX.

Persons incor-
porated.

Real and per-
sonal estate.

An Act to incorporate the Boston Union Manufac-
turing 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 Joseph Eveleth
and Samuel Wales, their associates, successors and
assigns, be, and they are hereby made a corporation,
by the name of the Boston Union Manufacturing
Company, for the purpose of manufacturing, bleach-
ing, coloring or printing cotton, linen and paper fab-
rics, and making machinery and other articles neces-
sary or convenient to be used therefor, and carrying
on the business thereof, in the county of Suffolk,
and for this purpose shall have all the powers and
privileges, and be subject to all the duties and re-
quirements contained in the statute of one thousand
eight hundred and twenty-nine, chapter fifty-third,
defining the general powers and duties of manu-
facturing corporations.

Sec. 2. Be it further enacted. That said corpo-
ration may take and hold such real estate, not ex-
ceeding in value one hundred thousand dollars, and
such personal estate, not exceeding in value a like
sum, as may be suitable for carrying on the manufac-
ture aforesaid.

[Approved by the Lieut. Governor, March 19, 1835.]

HA WES BURYING GROUND. March 19, 1835. 371

CHAP. LXI.

An Act to incorporate the Trustees of the Hawes
Burjmg Ground.

Sec. 1. Be it enacted by the Senate and House
of Representatives, iti General Court assembled, and
by the authority of the same. That Abraham Gould, P^rsc^s incor-
Adam Bent, Jabez Wilson, Josiah Dunham, and Ed-
mund M. Smith, their associates and successors, be,
and they are hereby made a corporation, by the
name of the Trustees of the Hawes Burying Ground,
and are hereby empowered to hold for the purpose
of a burying ground, for the inhabitants of that part
of the city of Boston, called South Boston, and for
no other purpose, a certain lot or parcel of land,
situate in said South Boston, bounded and described
as follows, to wit : northerly by the old road leading Boundary.
to the point, there measuring one hundred and nine
feet, westerly by land belonging to the heirs of
Ebenezer Clap, there measuring one hundred feet,
southerly by Abraham Gould's land, there measuring
one hundred and nine feet, easterly by said Abra-
ham Gould's land, there measuring one hundred
feet, to the first named boundary line, together with
all the rights and privileges to the same belonging ;
being the same conveyed by John Hawes to said
Gould, Bent, Wilson, Dunham and Smith, by deed,
dated the twelfth day of October, one thousand
eight hundred and sixteen.

Sec. 2. Be it further enacted, That the number Power to m va-

/- . 1 1 11 1 1 cancies.

of said trustees shall not be more than seven, nor

372

Subject to the
by-laws of the
city of Boston.

NORTHAMPTON MAN. CO. March 20, 1835.

less than five, and said corporation shall have power,
from time to time, to fill all vacancies therein.

Sec. 3. Be it further enacted, That the said
burying ground, and all the doings of said trustees in
relation thereto, shall be at all times subject to the
rules and regulations, by-laws and ordinances, of
the city of Boston, in the same manner, with other
places of interment within the city of Boston.

Sec. 4. Be it further enacted, That nothing in
this act contained shall be so construed or operate as
to defeat or impair the rights of any person now
having any tomb in the land herein before described.

[Approved by the Lieut. Governor, March 19, 1835.]

CHAP. LXII.

An Act to incorporate the Northampton Manufactur-
ing Company.

Persons incor-
porated.

Sec. 1 . IjE z7 enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That Joseph Lyman,
Samuel Hinkley, and Theodore Wright, their asso-
ciates, successors and assigns, be, and they are here-
by created a corporation, by the name of the North-
ampton Manufacturing Company, for the purpose of
manufacturing cotton, and woollen goods, at North-
ampton, in the county of Hampshire, and for that
purpose, shall have all the powers and privileges, and
be subject to all the duties and requirements, con-
tained in the statute of one thousand eight hundred

BOWDOIN INSURANCE CO. March 20, 1835. 373

and twenty-nine, chapter fifty three, defining the
general powers and duties of manufacturing cor-
porations.

Sec. 2. Be it further enacted, That said corpo- ^^„*'i ^"fje®''
ration may take and hold such real estate, not ex-
ceeding in value seventy-five thousand dollars, and
such personal estate, not exceeding in value one hun-
dred thousand dollars, as may be suitable for carry-
ing on the manufacture aforesaid.

[Approved by the Lieut. Governor, March 20, 1835.]

CHAP. LXIII.

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

J3E it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That the time within Time extended
which the capital stock of the Bowdoin Insurance capital stock.
Company is required to be collected and paid in,
agreeably to the requisitions of the statute of one
thousand eight hundred and thirty-two, chapter
ninety-five, be, and is hereby extended one year,
from March the twenty-fifth, in the year one thou-
sand eight hundred and thirty-five.

[Approved by the Lieut. Governor, March 20, 1835.]
48

374

COMMIS. FOR NANTUCKET .March 20, 1835.

CHAP. LXIV.

An Act in addition to "An Act transferring to the
Selectmen of the town of Nantucket the powers
and duties of County Commissioners for the county
and for other purposes.

of Nantucket,"

Former acts re-
pealed, so far,
&c.

Exempted from
erecting- houses
of correction.

Proviso.

Sec. 1. ijE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That the second and
third sections of an act passed on the twenty-sixth
day of February, in the year of our Lord one thou-
sand eight hundred and twenty-eight, entitled "an
act to establish county commissioners, and to repeal
the several acts establishing the courts of sessions,
and in addition thereto, and the acts establishing
commissioners of highways," be, and they hereby
are repealed, so far as they may apply to the county
of Nantucket.

Sec. 2. Be it further enacted, That the counties
of Nantucket and Dukes County, be, and they hereby
are exempted from the obligation of erecting houses
of correction in the said counties respectively : pro-
vided, that the town of Nantucket shall, before the
first day of June next, authorize the selectmen of
said town, to establish the house of industry therein
situated, or a suitable portion of the same, as a house
of correction for the use of said county ; and the said
selectmen shall, before the said first day of June
next, establish the same accordingly.

[Approved by the Lieut. Governor, March 20, 1835.]

FRANCIS' WHARF. March 23, 1 835. 375

CHAP. LXV.

An Act authorizing Ebenezer Francis to extend his

Wharf.

jjE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That Ebenezer Francis, Authorized to

•7 t/ t/ ' ^ extend wharf.

proprietor of a certain wharf in the southerly part
of Boston, fronting on Sea street, and adjoining
Wales' wharf on the south, and Curtis' wharf on the
north, is hereby authorized to extend his wharf into
the sea, so far as to strike a straight line, drawn
from the northeasterly corner of Wales' wharf to the
northeasterly corner of Piper's wharf, and that he
shall have, and enjoy the right and privilege of
using and occupying the flats, adjacent to said wharf,
when so extended, at the end, and at the sides there-
of, in the same manner in which he has hitherto
occupied and enjoyed the flats adjoining said wharf,
as it now is : provided, that nothing in this act con-
tained shall in any wise impair or interfere, with
the private rights of any other person or persons
whatsoever.

[Approved by the Lieut. Governor, March 23, 1835.]

376 LEE BANK. March 27 , IS35.

CHAP. LXVI.

An Act to establish the Lee Bank.

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

Persons incorpo- by the authority of the same, That Asa G. Welch,
Lemuel Bassett, and Walter Laflin, their associates,
successors and assigns, are hereby created a corpo-
ration, by the name of the President, Directors, and
Company of the Lee Bank, to be established in Lee,
and shall so continue until the first day of October,
in the year one thousand eight hundred and fifty-
one, and shall be entitled to all the powers and privi-
leges, and subject to all the duties, liabilities and
requirements, contained in the statutes of one thou-
sand eight hundred and twenty-eight, chapter nine-
ty-six, of one thousand eight hundred and thirty,
chapter fifty-eight^ and in the second section of the
statute of one thousand eight hundred and thirty-
three, chapter eighty-three.

Stock transfera- g^^. 2. Bc it further cnacted. That the stock in

Die only, &c. -J '

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. 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 mstal-
ments, and at such times, as the stockholders may

SOCIETY IN MILLBURY. March 27, 1835. 377

direct: provided, the whole be paid in within one
year from the passing of this act.

[Approved by the Lieut. Governor, March 27, 1835.]

CHAP. LXVII.

An Act to change the name of the First Presbyterian
Society in Millbury.

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
the passing of this act, the "First Presbyterian So-
ciety in Millbury," shall be known and called by the
name of the " Second Congregational Society in
Millbury;" and as such, shall hold and possess all the
property, and be entitled to all the rights and privi-
leges, and subject to all the liabilities of said Pres-
byterian Society.

[Approved by the Lieut. Governor, March 27, 1835.]

378 SOUTH BOSTON ASSO. March 27 1835.

CHAP. Lxvni.

An Act in further addition to "An Act to incorporate
certain persons into a Company by the name of
the South Boston Association."

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

of Representatives, in General Court assembled, and

Previous act to J)y the ttuthoritu of the same. That an act made and

continue in force. *^ o ^

passed on the fourteenth day of June, in the year of
our Lord one thousand eight hundred and five, enti-
tled, "an Act to incorporate certain persons into a
company by the name of the South Boston Associa-
tion," be, and the same is hereby continued in force,
until the fourteenth day of June, which will be in
the year of our Lord one thousand eight hundred
and thirty-eight ; any thing in the act to which this
is in further addition to the contrary notwithstand-
ing.
May sell at auc- ^^0. 2. Bc it furthcr enactcd, That the said
association may, at any regular meeting, by a major
vote, authorize sales to be made, at public auction,
of the whole or any part of their property, and pass
deeds in conformity to such sales.

tion

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

BERKSHIRE COTTON CO. March 27, 1835. 379

CHAP. LXIX.

An Act to incorporate the Berkshire Cotton Com-
pany.

Sec. 1 . JdE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That Wilber Curtis, ^^//J'"* incorpo-
Edward F. Ensign, John C. Coffing, their associates,
successors and assigns, be, and they hereby are
made a corporation, by the name of the Berkshire
Cotton Company, for the purpose of manufacturing
cotton goods, and cotton and woolen machinery, in
the town of Great Barrington, in the county of
Berkshire, and for those purposes shall have all the
powers and privileges, and be subject to all the du-
ties and requirements contained in "the statute of
one thousand eight hundred and twenty-nine, chap-
ter fifty-third, defining the general powers and duties
of manufacturing corporations."

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

•^ al estate.

corporation may take and hold such real estate, not
exceeding twenty thousand dollars in value, and
such personal estate, not exceeding thirty thousand
dollars in value, as may be suitable for the purposes
aforesaid.

[Approved by the Lieut. Governor, March 27, 1835.]

380 SUFFOLK IN. RUBBER CO. March 27, 1835.

CHAP. LXX.

An Act to incorporate the Suffolk India Rubber
Company.

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

fateT"^ '"<=°n'°' by the authority of the same, That James W. Paige,
James Andrews, E. Hasket Derby, and Caleb Pratt,
Jr., their associates, successors and assigns, be, and
they hereby are made a corporation, by the name of
"the Suffolk India Rubber Company," for the man-
ufacture of india rubber cloth, clothing, leather,
and other fabrics and articles composed wholly or in
part of india rubber, in the county of Suffolk ; and
for this purpose shall have all the powers and privi-
leges, and be subject to all the duties and require-
ments, contained in the statute of one thousand
eight hundred and twenty-nine, chapter fifty-third,
defining the general powers and duties of manufac-
turing corporations.

Real and person- Sec. 2. Bc it furthcr euactcd. That said corpo-
ration may take and hold such real estate, not ex-
ceeding in value the sum of fifty thousand dollars,
and such personal estate, not exceeding in value the
sum of one hundred thousand dollars, as may be
suitable and convenient for the purposes aforesaid.

[Approved by the Lieut. Governor, March 27, 1835.]

WARREN INSURANCE CO. March 27, 1835. 381

CHAP. LXXI.

An Act to incorporate the Warren Insurance Com-
pany.

Sec. 1. x>E it enacted hy the Senate and House
of Representatives, in General Court assembled, and
hy the authority of the satne, That Henry Winsor, ^7;^°"^ '"'=°'"p°-
John L. Dimmock, and Zachariah Jellison, thek as-
sociates and successors, be, and they hereby are
made a body politic, by the name of the Warren In-
surance Company, to be established in the city of
Boston, for the purpose of making maritime loans,
and insurance against maritime losses in the custom-
ary manner ; with all the privileges, and subject to
all the duties and obligations, contained in the one
hundred and twentieth chapter of the statutes of
eighteen hundred and seventeen, and also in the
ninety-fifth chapter of the statutes of eighteen hun-
dred and thirty-two, for and during the term of
twenty years after the passing of this act.

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

, 111 1 sonal estate.

ration 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
twenty-five thousand dollars; excepting such as may
be taken for debt, or held as collateral security, for
money due to said company.

Sec. 3. Be it further enacted, That the capital Amount of capi-
stock of said company shall be one hundred thou-
sand dollars, and shall be divided into shares of one
hundred dollars each, and shall be collected and paid
49

382 MILFORD AND HOPKINTON. March 27. 1835.

in, in such instalments, and under such provisions
and penalties, as the president and directors of said
company shall order and appoint.

Sec. 4. Be it further enacted, That said com-
pany shall never take, on any one risk, a sum ex-
ceeding eight per centum on their capital stock.

[Approved by the Lieut. Governor, March 27, 1835.]

CHAP. LXXII.

An Act to alter the Town Ijines between the Towns
of Milford, HoUiston and Hopkinton.

J3E it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That the dividing Imes
between the towns of Milford, Holliston and Hop-
kinton, shall be altered, and shall hereafter be es-
tablished as follows, to wit : beginning at a heap of
stones on the line between the towns of Milford and
Hopkinton, at the road near the dwelling house of
Samuel McFarland, thence easterly about one and
three fourth miles to a stone monument by the side
of Deer Brook, so called, thence north, sixty and a
half degrees east, twenty-jfive rods on the line be-
tween Hopkinton and Holliston ; thence due south,
until it comes to the line between the towns of Hol-
liston and Milford ; and that part of said Milford,
which lies north of the first mentioned line, shall
hereafter belong to Hopkinton in the county of
Middlesex ; and that part of Hopkinton which lies

BOOTT COTTON MILLS. March 27, 1836. 383

south of said first mentioned line, shall hereafter be-
long to Milford, in the county of Worcester ; and
that part of said HoUiston, which lies west of the
last mentioned line, shall hereafter belong to said
Milford.

[Approved by the Lieut. Governor, March 27, 1835.]

CHAP. LXXIII.

An Act to repeal "An Act incorporating the Trustees
of Mount Carmel Lodge."

jjE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That an act incorporat- pe^ied
ing the Trustees of Mount Carmel Lodge, be, and
the same is hereby repealed.

[Approved by the Lieut. Governor, March 27, 1835.]

Former law re-

CHAP. LXXIV.

An Act to incorporate the Boott Cotton Mills.

Sec. 1 . J3E it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That Abbott Lawrence, Persons ineorpo.
Nathan Appleton, and John A. Lowell, their asso-

rated.

384 WESTPORT. March27,l^35.

ciates, successors and assigns, be, and they hereby
are made a corporation, by the name of the Boott
Cotton Mills, for the purpose of manufacturing cotton
and woollen goods, in the town of Lo^^ ell, and county
of Middlesex, and for this purpose shall have all the
powers and privileges, and be subject to all the
duties and requisitions contained in the statute of
one thousand eight hundred and twenty-nine, chap-
ter fifty-three, "defining the general powers and du-
ties of manufacturing corporations."

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

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. real cstatc as may be necessary and convenient for
the purposes aforesaid, not exceeding the value of
one hundred and fifty thousand dollars, exclusive of
buildings and improvements that may be made there-
on by the said corporation.

[Approved by the Lieut. Governor, March 27, 1835.]

CHAP. LXXV.

An Act authorizing Thomas Records and his asso-
ciates to erect a Wharf in Acoaxet River, in the
town of Westport.

JlJE it enacted by the Senate and House

of Representatives, in General Court assembled, and

Thomas Rec- bv thc authoritii of the same. That Thomas Rec-
ords and others, , i i , i r

authorized to ords, aud such other persons as now are, or nereai-

erect a wharf. . • i i • i j i i.

ter may be associated with him, be, and they here-

LEWIS WHARF COMPANY. March 27, 1835. 385

by are authorized and allowed to erect a wharf on
the west side of the west branch of Acoaxet river,
in said Westport, from the said Thomas Records'
land, easterly to the channel, and that they be al-
lowed all the privileges heretofore granted, or that
may be hereafter granted to proprietors of wharves
in said river, for the use, occupation and accommo-
dation of said wharf : provided, that, this grant shall
in no wise interfere with the legal rights of any
other person or persons.

[Approved by the Lieut. Governor, March 27, 1835.]

CHAP. LXXVI.

An Act in addition to "An Act to incorporate the
Lewis Wharf Company in the city of Boston."

ijE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That the Lewis Wharf Authorized to

*; 1 1 • 111 purchase and

Company, and their successors, be, and they are hold land.
hereby authorized and empowered, to purchase and
hold all that tract or parcel of land, wharf, and flats,
situate in the city of Boston, including the wharf
formerly called Scarlet's or Snow's wharf, bounded
westerly on Commercial street, north-easterly by
land, wharf, and flats now or lately of Erasmus
Thompson, south-easterly by the harbor channel,
and south-westerly by the land, wharf, and flats of
said Lewis Wharf Company : And said company
shall hold the said real estate, when purchased by

386 BAPTIST SOC. IN SALEM. March 27, 1835.

them, with all the powers and privileges, and subject
to all the duties and requisitions mentioned in rela-
tion to their other property, in the act to which this
is an addition.

[Approved by the Lieut. Governor, March 27, 1835.]

CHAP. LXXVII.

An Act to change the name of the Baptist Society
in Salem.

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

Name altered, by the authority of the same, That from and after the
passing of this act, the "Baptist Society in Salem,"
shall be known and called by the name of the "First
Baptist Society in Salem ; " and as such, shall hold

Hold and pos- ^nd Dosscss all thc property, and be entitled to all

sess property. •■■ i i ^ '

the rights and privileges, and be subject to all the
duties, and liabilities of said Baptist Society.

[Approved by the Lieut. Governor, March 27, 1835.]

S. C. SOCIETY IN COHASSET. March 27, 1 835. 387

CHAP. LXXVIII.

An Act in addition to an Act, to incorporate the New
England Glass Company.

JjE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That the New England ^"■"'^'^ ^"T;

•^ c/ t/ ' o ance of capital.

Glass Company may be lawfully possessed of one
hundred thousand dollars in personal estate, in addi-
tion to their present authorized capital.

[Approved by the Lieut. Governor, March 27, 1835.]

CHAP. LXXIX.

An Act to incorporate the Second Congregational
Society in Cohasset.

Sec. 1. UE it enacted by the Senate and House
of Representatives, in General Court assembled, arid
by the authority of the same, That Nichols Tower, Persons incorpo-

J^. "^ -^ . rated.

Jairus Pratt, and Thaddeus Lawrence, proprietors
of pews, in the Second Congregational meeting-
house in Cohasset, their associates, and successors,
are hereby incorporated as a religious society, by the
name of the Second Congregational Society in Co-
hasset ; with all the powers and privileges, and sub-
ject to all the duties and liabilities by law incident

388 S. C. SOCIETY IN COHASSET. March 27, 1 835.

to religious societies legally established in this Com-
monwealth.

To hold real es- Sec. 2. Be it further enacted, That said society
shall have power to take, purchase, and hold said
meeting-house, and any other estate, for the use of
said society, and the ministry thereof, and the same
to sell, mortgage, or otherwise dispose of : provided,
the annual income thereof, exclusive of their meet-
ing-house, shall not exceed one thousand dollars.

Pews.forThe ^^c. 3. Bc it furthcr enacted. That said society

support, &c. j^g^y assess upon the pews in their meeting-house, ac-
cording to a valuation to be agreed on by said corpo-
ration, such sums of money as shall be voted to be
raised by said society, for the support of public wor-
ship, and other parochial charges, and all assessments
upon the pews as aforesaid may be collected in the
manner provided by the statute of the year one
thousand eight hundred and seventeen, chapter one

Proviso. hundred and eighty-nine : provided, that no pew in

said house shall be liable to be assessed, under the
provisions of this act, if, before the vote to assess the
tax, the owner of said pew shall file with the clerk
of said society, a certificate signifying his unwilling-
ness to be taxed therefor.

[Approved by the Lieut. Governor, March 27, 1835.]

BOS. HYDRAULIC DOCK CO. March 21, 1835. 389

CHAP. LXXX.

An Act to incorporate the Boston Hydraulic Dock
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 Timothy C. Ken- p;^^^^ i"c°^P°-
dall, A. Wallace Thaxter, Jr., Isaac Hall, and Lot
Wheelwright, their associates, successors, and assigns,
be, and they hereby are made a corporation, by the
name of the Boston Hydraulic Dock Company, for
the purpose of erecting hydraulic docks in the city of
Boston, and of using the same for repairing vessels,
with the right to apply steam power and other ma-
chinery, for preparing materials therefor.

Sec. 2. Be it further enacted. That said corpora- ^^^ ^^'^*«-
tion may take and hold such real estate, not exceed-
ing in value thirty thousand dollars, and personal es-
tate not exceeding one hundred and twenty thousand
dollars, as may be necessary and convenient for the
purposes aforesaid.

Sec. 3. Be it further enacted, That the property ^''^pe'-'y ^° be

•^ ... 11./ divided into

of said corporation shall be divided into shares of one shares, &c.
hundred dollars each, and numbered in progressive
order, beginning at number one, and certificates
thereof, signed by the treasurer, shall be issued to the
proprietors accordingly ; and the shares aforesaid ^J,^""^^ transfer-
shall be transferable by endorsement on the back of
the said certificates, and the property in said shares
shall be vested in the assignee thereof, upon such
transfer and delivery, if seasonably recorded by the
50

390 BOS. HYDRAULIC DOCK CO. March 27, 1836.

clerk or treasurer of the corporation, and whose duty
it shall be to issue new certificates accordingly, and
in all meetings of the members of the said corpora-
tion for the transaction of business, each proprietor
shall be entitled to one vote for every share held by
him : provided, that no one member shall be entitled
to more votes, than shall be equal to one fifth part in
value of the corporate property, and members shall
have the right to appear and act at any meeting by
proxy in writing.
Power to assess Sec. 4. Be it further enacted. That the said cor-

shares, &c. _ «^ '

poration, may, from time to time, at any legal meet-
ing called for that purpose, assess, upon each share,
such sum or sums of money, not exceeding one
hundred dollars, as shall be judged necessary for
effecting the objects of their incorporation, to be paid
to the treasurer at such time or times, and by such
instalments, as shall be decided by said corporation ;
In case proprie- and if thc proprietor of any share shall refuse or

tors refuse to pay ^ ^ ^

assessments. ncglcct to pay any tax or assessment, duly voted by
the said corporation, for the term of thirty days after
the time set for the payment of the same, the treas-
urer is hereby authorized to sell at public vendue,
the share or shares of such delinquent proprietor,
sufficient to pay all taxes and assessments which
may be then due from such proprietor, with all neces-
sary and incidental charges, after having given no-
tice in some public newspaper in the city of Boston,
of the time and place of sale, at least seven days
before the same, and such sale shall be a legal trans-
fer of the share or shares, so sold, to the purchaser,
who shall be entitled to receive a certificate, or cer-
tificates, of the share or shares, by him so purchased.

[Approved by the Lieut. Governor, March 27, 1835.]

PARK STREET SOCIETY. March 27, 1835. 391

CHAP. LXXXI.

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

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 proprietors of
pews in Park Street Meeting-house, in the city of
Boston, and their successors, are hereby made a
corporation, by the name of the Park Street Con-
gregational Society, with all the powers and privi-
leges, and subject to all the duties and liabilities by
law incident to religious societies legally established
in this Commonwealth.

Sec. 2. Be it firther enacted. That said society May hold real
shall have power to take, purchase, and hold, the estate.
said meeting-house, and other estate, real or per-
sonal, for the use of said society, and the ministry
thereof, and the same to sell, mortgage, or otherwise
dispose of, as they may see fit : provided, the in-
come thereof, exclusive of their meeting-house, and
land under and adjoining the same, shall not at any
time exceed the sum of three thousand dollars annu-
ally.

Sec. 3. Be it further enacted. That said society May assess, for
shall have power to assess upon the pews in said pul3'i^''wo?ship.
house, (which now are or hereafter may be held on
a condition, or subject to a liability, to pay assess-
ments thereon, for the support of public worship in
said house,) according to the valuation thereof here-
tofore made, or which may be hereafter agreed upon
by said society, such sums as shall be by them voted

392 FULLER MINIS. FUND. March 21, 1835.

to be raised for the support of public worship in said
house, and for other parochial charges of said socie-
ty ; and all such assessments may be collected in
the manner provided by the statute of one thousand
eight hundred and seventeen, chapter one hundred
and eighty-nine.

[Approved by the Lieut. Governor, March 27, 1835.]

CHAP. LXXXII.

An Act to incorporate the Fuller Ministerial Fund
in the First Parish in Plymouth.

Sec. 1 . J3E it enacted by the Senate and House
of Represe7itatives, in General Court assembled, and

May elect trus- bij the authority of the same, That the First Parish
in the town of Plymouth, may, within six months
from the passage of this act, elect not less than
three, nor more than seven persons, members of said
parish, to be trustees of the Fuller Ministerial Fund,
who with their successors shall thereafter be consti-
tuted a body corporate, by the name of the Trus-
tees of the Fuller Ministerial Fund of the First Par-
ish in Plymouth.

When to elect. Sec. 2. Be it further enacted. That said Parish
shall choose once in three years, in the months of
March or April, beginning in the year eighteen hun-
' dred and thirty-six, said board of trustees, who shall

hold their offices during said term of three years,
and until others are chosen in their stead, and all
vacancies happening during said term, by death, re-
signation, ceasing to be members of said parish, or

FULLER MINIS. FUND. March 21, 1835. 393

otherwise, shall be supplied by said parish, at a legal
meeting called for that purpose, and a majority of said
trustees shall constitute a quorum for doing business.

Sec. 3. Be it further enacted, That said trustees property to be
shall have power to take, hold, and possess, and the the support of
deacons of the church of said parish are hereby au-
thorized to convey to them all the property now be-
longing to said parish, or the church thereof, except
their house of worship, and all property which may
hereafter accrue to the same by gift, grant, devise,
or otherwise, both real and personal, in trust for the
use of said parish as a fund, the net income of which
shall be appropriated exclusively, under the direction
of said parish, towards the support of the gospel
ministry in said parish, and no part of the principal
shall be expended for that or any other purpose ; and
should the income, or any part thereof, be added to
the principal, then only the proceeds of the accu-
mulated fund shall thereafter be expended, and only
for the support of the gospel ministry as aforesaid,
and said trustees shall render to said parish annual-
ly an account of the state of said fund.

Sec. 4. Be it further enacted, That said trus-
tees are hereby empowered to sell all the real estate May seii real
now belonging to said parish, or the church thereof,
except as aforesaid, and convey the same by deed or
deeds, and such conveyance shall be effectual to pass
the title to the purchaser or purchasers : provided,
however, that said parish, or the church thereof, au-
thorize such sale or sales, by a vote to that effect,
within a year preceding such sale or sales.

Sec. 5. Be it further enacted. That all grants. Validity of
devises or donations made, or which may hereafter ^^^^ ^'
be made to said trustees, in their said capacity, for
the use and benefit of said parish, shall be valid to

394 DUXBURY FIRE DEPART. March 27, 1835.

every intent and purpose, and said trustees may hold
and possess funds, consisting of real and personal es-
tate, or either, for the object before specified, the
annual income of which shall not exceed the sum of
fifteen hundred dollars.

[Approved by the Lieut. Governor, March 27, 1835.]

CHAP. LXXXIII.

An Act to establish a Fire Department in the town
of Duxbury.

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

of Representatives, in General Court assembled, and

Engineers, &c. by the authority of the same, That the Fire Depart-
to he chosen by „ , r r\ 1 1 11 1 r

ballot. ment of the town of Duxbury, shall hereafter con-

sist of a chief engineer, and as many assistant en-
gineers, not exceeding ten in number, as the inhabi-
tants of the town of Duxbury, qualified to vote in
town affairs, at their annual meeting for choice of
town officers, shall chose by ballot, who shall hold
their offices until others are chosen and organized in
their stead, and shall have all the powers, perform
all the duties, and be liable to all the penalties
which are given to, and required of fire wards gener-
ally, by the laws of this Commonwealth.

Engineers to Sec. 2. Bc it further enacted, That the said

chief engineer, and assistant engineers, so chosen,
shall within ten days after their acceptance of the
trust, meet at some convenient place in said town,
and organize themselves into a board, by electing
from their number, a clerk, treasurer, and such other

choose other offi-
cers

DUXBURY FIRE DEPART. March 21, 1^35. 395

ofificers as they may deem necessary for their com-
plete organization, and the chief engineer shall be
chairman of the board, whose duty it shall be to no-
tify the first meeting of the board of engineers.

Sec. 3. Be it further enacted, That the said board J^^sjnee^rs .^^
of engineers be, and they are hereby authorized and ^^ heretofore.
required, to exercise all the powers, and perform all
the duties, in relation to the nomination and appoint-
ment of enginemen, which the selectmen of the said
town have been heretofore by law authorized and
required to exercise and perform, and all appoint-
ments made by said engineers pursuant to this act,
shall subject the persons thus appointed to the same
duties, and entitle them to the same privileges, and
exemptions, as enginemen are by law entitled to,
when appointed by the selectmen: provided, however, proviso.
that they shall not be exempted from military duty,
unless they shall produce to the commanding officer
of the company, within whose bounds they reside,
in the month of May, in each year, certificates of
their appointment, signed by the chief engineer, or
clerk of the board of engineers.

Sec. 4. Be it further enacted. That the said Engineers lo

•^ apponit engine-

board of engineers be, and they hereby are author- men, &c.

ized and empowered, to appoint such number of men
to the engines, hose, hook, and ladder carriages, as
they shall think expedient : provided, that the num-
ber of men appointed to each hydraulion, or suction
hose engine, shall not exceed forty, and to each
common engine thirty, to each hose carriage five,
and to hooks and ladders twenty, and the said en-
gine, hose, hook and ladder carriage men, are au-
thorized to organize themselves into distinct compa-
nies, under the directions of the board of engineers,
to elect directors or captains, clerks, and other ne-

396 DUXBURY FIRE DEPART. Ma, ch 21 , 1^35.

Officers to estab- (.gggary officers, to establish such rules and regula-

lish rules and re- "^ <->

guiations. tions as may be approved by the board of engineers,

and to annex penalties to the same, which may be
recovered by the clerk of any company so organized,
before any justice of the peace in the county of
Plymouth : provided, that no penalty shall exceed
the sum of five dollars ; and that such rules and re-
gulations shall not be repugnant to the constitution
and laws of the Commonwealth, and said penalties
shall be appropriated to the use of said companies
severally as they shall direct.

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

the engines, &c. board of engineers shall have the care and superin-
> tendence of the public engines, hose, fire-hooks and
ladder carriages and ladders, together with the build-
ings, fixtures, and appendages thereto belonging ;
and shall cause the same to be kept in repair, and
may from time to time make such alterations and
improvements therein, as they shall deem expedient:
provided, the sum expended shall not exceed, in
any one year, the sum of fifty dollars, unless the said
town of Duxbury shall have authorized a larger ap-
propriation.

Engineers to es- Sec. 6. Be it further enacted, That the said board

tablisli rules and _ "^ ^

ordinances. of engineers, at any meeting thereof, may establish
such rules and ordinances as they may Judge pro-
per, to prohibit or regulate the carrying of fire,
fire-brands, lighted matches, or other ignited mat-
ter, openly in the streets or thoroughfares of said
town, or in such parts thereof as they may de-
signate, and to prohibit any owners or occupants of
any buildings within said town, or such parts thereof
as such board may designate, from erecting or main-
taining any defective chimney, hearth, oven, stove
or stove-pipe, fire-frame, or other fixtures, deposit of

DUXBURY FIRE DEPART. March 27 , IS35. 397

ashes, or any mixture, or other material, which may
produce spontaneous combustion, or whatever else
may give just cause of alarm, or may be the means
of kindling or spreading fires. Provided, such rules
and ordinances shall not be repugnant to the consti-
tution and laws of this Commonwealth, and shall not
be binding until the same shall have been approved
by the inhabitants of said town, in legal meeting
held for that purpose ; and the said board of engineers
may annex suitable penalties for the breach of any
of said rules and ordinances, not exceeding the sum
of fifteen 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 Plymouth,
not being an inhabitant of the said town of Duxbury,
in the name of the chief engineer, and all penalties
so recovered shall be appropriated by the said board of
engineers for the improvement of the fire apparatus
of said town.

Sec. 7. Be it further enacted, That the said board Engineers to ro-
of engineers shall report to the said town at their
annual meeting for the choice of town officers, a full
and detailed report of all their doings the past year.

Sec. 8. Be it further enacted. That this act ^^* ^*>en to take

^ ' effect.

shall take effect when the same shall be accepted by
the said town of Duxbury, at any legal meeting call-
ed for that purpose, at which meeting the engineers
provided for in this act shall be elected as herein pre-
scribed, and any vacancies that shall at any time occur
in said board of engineers may be filled at any town
meeting legally notified, and all persons elected as
engineers shall be notified of their election, and
make known their acceptance or refusal in the same
manner, and be subject to the same penalties for
neglecting so to do, as are established by law.

[Approved by the Lieut. Governor, March 27, 1835.1
51

398

OFFICE OF INSPECTOR. March 27 , IS35.

CHAP. LXXXIV.

Persons incor-
porated.

Real and per-
sonal estate.

An Act to incorporate the Samaritan Asylum for
Indigent Children.

Sec. 1. xJE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That Mary S. Parker,
Abigail Pico, Hepzibah Sullivan, Susan Paul, with
their associates and successors, are hereby incorpo-
rated, by the name of the Samaritan Asylum for In-
digent Children, for the purpose of providing for the
support and education of indigent children, especial-
ly among the colored population.

Sec. 2. Be it further enacted. That said corpo-
ration may hold and manage such real and personal
estate, not exceeding in value twenty-five thousand
dollars at any one time, as may be necessary or con-
venient for the purposes of this act.

[Approved by the Lieut. Governor, March 27, 1835.]

CHAP. LXXXV.

An Act limiting the tenure of the Office of Inspector.

Sec. 1. JjE it enacted by the Senate and House
oj Representatives, in General Court assembled, and
by the authority of the same, That the several in-

WARREN IRON & STEEL CO. Marc^ 27, 1835. 399

spectors required by law to be appointed by the J^^^^.^eTo
governor and council shall hold their respective offi- fi^e years
ces for the term of five years from the time of their
respective appointments, unless sooner removed by

to
ffices

the governor and council.

Sec. 2. Be it further enacted. That this act shall Act when to take

effect.

take effect from and after the first day of May next :
provided, however, that nothing in this act shall be
so construed as to prevent the governor, with the
advice and consent of the council, from appointing
and commissioning the inspectors aforesaid, before
the said first day of May.

[Approved by the Lieut. Governor, March 27, 1835.]

CHAP. LXXXVI.

An Act to incorporate the Warren Iron and Steel
Company.

Sec. 1. jjE it enacted by the Seriate and House
of Representatives, in General Court assembled, and
by the authority of the same. That Heman Holmes, Persons incor-
John French, John H. Bird, and Josiah Dunham,
their associates, successors and assigns, be, and they
hereby are made a corporation, by the name of the
Warren Iron and Steel Company, for the purpose of
manufacturing in the city of Boston, in the county
of Suffolk, all kinds of iron and steel ware, and
articles for plating, painting and enamelling the
same, and for this purpose shall have all the powers
and privileges, and be subject to all the duties and
requirements contained in the statute of one thous-

400 CAMBRIDGE FIRE DEPART. March 30, 1836.

and eight hundred and twenty-nine, chapter fifty-
three, defining the general powers and duties of
manufacturing corporations.
Real and per- Sec. 2. Be it further enacted. That said corpo-

sonal estate. ^ ^ ' i

ration may take and hold such real estate in said
Boston, not exceeding in value the sum of one hun-
dred thousand dollars, and such personal estate not
exceeding in value the sum of one hundred thousand
dollars, as may be suitable for carrying on the manu-
facture aforesaid.

[Approved by the Lieut. Governor, March 30, 1835.]

CHAP. LXXXVII.

An Act in addition to " An Act establishing a Fire
Department in the Town of Cambridge."

Sec. 1. JjE it enacted by the Senate and House
of Representatives, in General Court assembled, and
Appointment of hy tlic authority of the same, That the engineers,
enginemen, hosemen, and hook and ladder men,
whom the selectmen of the town of Cambridge are,
by the act to which this iS an addition, authorized
to appoint, shall hereafter be appointed, annually,
on the first Wednesday in April, or as soon thereaf-
ter as may be ; any thing m the act to which this is
in addition to the contrary notwithstanding.
Exempted from Sec. 2. Be it furthcr enacted. That no mem-
producmg"^.''^ ber of said fire department who shall be appointed a
lectmen.'""" '^' member thereof in the month of April, and who
shall have produced within thirty days after he shall

MERCH'S MARINE R. CO. March 30, 1835. 4^1

have become a member thereof, to the commanding
officer of the military company within whose bomids
he may reside, a certificate from the selectmen of
Cambridge, stating that he is a member of said de-
partment, shall be held to produce such certificate in
the month of May next following the time of his
appointment ; and the production of such certificate
to such commanding officer, by any member of said
department, appointed in the month of April, within
thirty days after such appointment, shall exempt
such member from military duty so long as he
shall remain a member of said fire department ;
any thing in the act to which this is in addition to
the contrary notwithstanding.

[Approved by the Lieut. Governor, March 30, 1835.]

CHAP. LXXXVIII.

An Act in addition to an Act to incorporate the
Merchants Marine Railway Company.

JjE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That the Merchants Empowered to

«^ _ . hold hydraulic

Marine Railway Company, be, and they are hereby docks, &c.
authorized and empowered to purchase, construct,
hold and use one or more hydraulic docks, and all
other machinery and improvements necessary or
useful in the building and repairing of vessels.

[Approved by the Lieut. Governor, March 30, 1835.]

402 PIL. IN NEWBURYPORT. March 30, 1835.

CHAP. LXXXIX.

An Act concerning the Proprietors of Mills on Con-
cord River.

JlJE it enacted by the Senate and House
of Representatives, in General Court assembled, and
Former laws re- bi/ thc authority of thc samc, That all laws hereto-
fore passed to prevent obstructions to the passage of
fish, and all laws obliging the proprietors of mills to
leave a passage in their dams for said fish, be, and
they are hereby repealed, so far as they relate to, or
affect the proprietors of mills on the Concord river.

[Approved by the Lieut. Governor, March 30, 1835.]

pealed.

CHAP. XC.

An Act in addition to the Act regulating Pilotage in
the Port of Newburyport.

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

of Representatives, in General Court assembled, and

Part of act re- % thc authority of tJic same. That the second section

^^^^ ■ of the statute to which this is in addition, be, and

the same hereby is repealed.
Pilot must ob- Sec. 2. Be it further enacted. That no person

tain commission

or branch before, shall Undertake to pilot any vessel nito or out of the
river Merrimac, drawings ei^ht feet of water or more.

AMERICAN COPPER CO. March 30, 1835. 403

coasters and fishing vessels excepted, without hav-
ing first obtained a commission or branch, as is pro-
vided in the act aforesaid.

[Approved by the Lieut. Governor, March 30, 1835.]

CHAP. XCI.

An Act to incorporate the American Copper Com-
pany.

Sec. 1. ijE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That Thomas N. Persons incor-
French, Thomas Richardson, and John French, their
associates, successors and assigns, be, and they
hereby are made a corporation, by the name of the
American Copper Company, for the purpose of
procuring and manufacturing copper, (said manufac-
ture to be carried on in the county of Suifolk,) with
all the powers and privileges, and subject to all the
duties and requisitions contained in the statute of
one thousand eight hundred and twenty-nine, chap-
ter fifty-third, defining the general powers and duties
of manufacturing corporations.

Sec. 2. Be it further enacted. That the said Real estate.
corporation may lawfully hold and manage such real
estate not exceeding in value two hundred thousand
dollars, and such personal estate, not exceeding two
hundred thousand dollars, as may be necessary for
carrying into effect the purposes of this act.

[Approved by the Lieut. Governor, March 30, 1 835.]

404 COURTS OF PROBATE. March 30, 1835.

CHAP. XCII.

An Act in addition to "An Act establishing a Fire
Department in the town of Hingham."

jjE it enacted by the Senate and House

of Representatives, in General Court assembled, and

Act, when to by the authority of the same, That the provisions of

take effect. i i- i • -r" t^ • i

"an act establishing a Jbire Department in the town
of Hingham," shall take effect, as soon as the same
shall have been accepted by a majority of the citizens
of Hingham, present at a meeting legally notified for
that purpose, and qualified to vote in town affairs,
any thing in the seventh section of said act notwith-
standing.

[Approved by the Lieut. Governor, March 30, 1835.]

CHAP. XCIII.

An Act in further addition to "An Act to regulate
the jurisdiction and proceedings of Courts of
Probate."

13 E it enacted by the Senate and House

of Representatives, in General Court assembled, and

Judges of Pro- bii thc authorltii of the same, That Judges of Probate

bate have the ^ ^ '^ o

same authority sliall havc thc samc authority to empower guardians

to empower, &c. , • i i n i r k •

to compound and settle with the debtors ot then-
wards, and discharge such debtors on their paying a

BRIDGE IN DENNIS. March 30, IS35. 405

part of the debt due to the estate of such wards,
which said judges now have, or hereafter may by law
have, to empower executors and administrators to
compound and settle with the debtors of persons
deceased.

[Approved by the Lieut. Governor, March 30, 1835.]

CHAP. XCIV.

An Act authorizing Nehemiah Baker and others to
build a Bridge in Dennis.

Sec. 1. JjE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That Nehemiah Baker, Persons incorpo-
Eleazar Nickerson, and Samuel Rogers, together
with their associates, successors, and assigns, are
hereby authorized to build a free bridge over Swan
Pond River, in the town of Dennis, from the land
and meadow of the heirs of Joseph Killey on the
east of said river, to the land and meadow of the
heirs of Reuben Baker on the west of said river:
provided, said bridge be built within three years from
the passage of this act.

Sec. 2. Be it further enacted. That the said bridge Manner in which
shall be built on piles of good materials, and in a work- buuP '* ^° ^^
manlike manner, with suitable abutments thereto,
and not less than fourteen feet wide, the under part
thereof not less than four feet above high water
mark at common tides, and shall have sufficient rails
on each side for the protection of travellers, together
52

bridge in repair.

406 FALL RIVER R. R. & F. CO. March 31, 1835.

with a good and sufficient causeway, from the abut-
ments over the meadow, to the upland on each side,
on the line of the road, as the same may be located
Town to keep by the couuty commissioners; and the town of Dennis
shall forever maintain and keep in repair said bridge
and causeway after the same shall have been built,
unless the county commissioners shall otherwise de-
termine and decide, and no toll shall ever be demand-
ed of any person or persons, who sliall pass over said
bridge.

[Approved by the Lieut. Governor, March 30, 1835.]

CHAP. XCV.

An Act to incorporate the Fall River Mill Road,
Rail-Road, and Ferry 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 Henry Gardner,
Persons incorpo- Audrcw Robesou, Harvey Chase, Samuel Rodman,
Jr., Charles W. Morgan, Leander P. Lovell, and
William Wilbour, their associates, successors, and
assigns, be, and they hereby are made a body politic
and corporate, under the name of the "Fall River
Mill Road, Rail-Road, and Ferry Company," with
the powers and requirements, and subject to the
provisions contained in an "act concerning corpora-
tions," passed the eighth day of March, in the year
of our Lord eighteen hundred and thirty-three, and
an "act for defining the rights and duties of rail-road

rated.

FALL RIVER R. R. & F. CO. March 31, 1835. 407

corporations, in certain cases," passed March the
twenty-sixth, in the year of our Lord eighteen hun-
dred and thirty three, and an "act for the more
speedy recovery of damages caused by tlie laying out
of highways and rail-roads," passed March thirty-
first, in the year of our Lord eighteen hundred and
thirty-four. And said corporation shall be, and here- corporation

•^ r ' ^ ^ vested with pow-

by is vested with the powers, privileges and immuni- ers, &c.
ties, which are or may be necessary to carry into
effect the purposes and objects of this act, as herein-
after set forth.

Sec. 2. Be it further enacted, That the capital Capital stock.
stock of said corporation shall consist of not less
than two thousand, nor more than three thousand
shares of one hundred dollars each ; and the imme-
diate government and direction of the affairs of Government.
said corporation shall be vested in 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 place as directors ; and the said
directors, a majority of whom shall form a quorum
for the transaction of business, shall elect one of
their own number to be president of the board, who
shall also be president of the corporation ; and said
directors shall choose a clerk, who shall be sworn to
the faithful discharge of his duty, and a treasurer,
who shall give bonds to the corporation, with sure-
ties, to the satisfaction of the directors, for the faith-
ful discharge of his trust.

Sec. 3. Be it further enacted, That said corpora- Authorized to es-

«^ ^ tabush a ferry.

tion be, and they hereby are authorized to establish
and support a ferry across Taunton Great River, in
the county of Bristol, from the easterly shore of
said river, between the line of the northerly side of

408

FALL RIVER R. R. & F. CO. March 31, 1835.

Lay out road,
locatioD, 6cc.

the land, and the southerly side of the wharf of An-
drew Robeson, to the western shore of said river, op-
posite the village of Fall river, in the town of Som-
erset ; and to extend into said river there, and main-
tain on each side of the ship channel thereof, suitable
and sufficient ferry-wharves.
Landing places. Sec. 4. Be it further enacted, That said corpor-
ration be, and they hereby are authorized to lay out
sufficient landing places on each side of said river,
suitable for the accommodation of said ferry ; and to
lay out, make and maintain a good and sufficient
road, to extend from the landing place located at the
termination of said ferry, on the easterly side of said
river, to South Main street, in said village of Fall
River, or to some one of the public streets leading
into said South Main street, and to extend from the
landing place, located at the termination of said ferry
on the westerly side of said river, over the Narrows
on Lee's river, and over Cole's river at the town
landing, in the town of Swanzey, to the line of the
State of Rhode Island, near Barnaby's corner. And
the said corporation are authorized to lay out said
road, not exceeding four rods in width, and shall
keep the same in good repair.

Sec. 5. Be it further enacted, That said cor-
poration be, and they hereby are authorized and re-
quired to erect and keep in good repair a bridge
over the Narrows, on Lee's river, and a bridge over
Cole's river, at the town landing in Swanzey, with
a draw in said bridge over the Narrows, of sufficient
width and suitable construction for the convenient
passing of such vessels up and down said Lee's river,
as cannot conveniently pass under said draw. And
the said corporation shall also construct such con-
venient draw in the said bridge over Cole's river :

Authorized to
erect a bridge,
location, &c.

FALL RIVER R. R. & F. CO. March 31, 1835. 409

provided, the public wants shall at any time require,
and the legislature shall order it.

Sec. 6. Be it further enacted, That the said Authorized to

'^ 1111 build abutments,

corporation shall have power, and they hereby are &c.
authorized to build and maintain such abutments,
piers, and dams contiguous to said bridges, on either
side thereof, and to excavate and keep open or
close such passage ways for the tide waters there,
as may be necessary for the purposes of erecting
and propelling tide-mills, for the grinding of grain :
provided, nevertheless, that said corporation shall To construct

11 ^ • ^ • ph gateways.

construct and keep constantly m good repair sum-
cient gateways in the channels of said Cole's and
Lee's rivers, for the safe and convenient passing and
repassing of vessels, at all suitable times, free of
toll. And said corporation shall be held liable to
raise the draws and open such passage ways, and to
afford all reasonable accommodation to vessels having
occasion to pass at all seasonable times. And if any May recover

11111 iii'i- • '1 damages for

vessel shall be unreasonably detamed m passmg said being unreasona-
bridges, or either of them, by the negligence of said
corporation, the owner or commander of said vessel
may recover reasonable damages therefor of the said
corporation, in an action of the case, before any
court proper to try the same : ?inA, provided, further,
that the passage ways for the passage of fish shall
at all times be kept open in said bridges.

Sec. 7. Be it further enacted, That the said cor- shaii keep a
poration shall provide, and at all times keep a good to^cr'^ss^feTry."^
steam ferry boat, or other boat of sufficient power to
cross at said ferry ; and shall afford necessary and
proper accommodations, and give due attendance to
all persons having occasion to pass over said ferry ;
and, in case of any neglect, the said corporation shall
forfeit and pay the same sum which is forfeited by

410 FALL RIVER R. R. & F. CO. March 31, 1835.

the like neglect by virtue of the provisions of an
act entitled "an act for regulating ferries," passed
the fourteenth day of February, in the year of our
Lord seventeen hundred and ninety-seven, to be re-
covered and appropriated in the same way provided
for in the act last named.
Power to recov- Sec. 8. Be it further enacted, That it shall be
timeof,'&c. lawful, and when said ferry-wharves and bridges
shall be built, and said road extended from said ferry
to the said town landing in Swanzey, the said cor-
poration shall have power to demand, recover and
receive, to the use of said corporation, ferriage, from
the time of one hour before sunrise in the morning,
to the hour of nine of the clock in the evening, not
Rates of tolls, exceeding the following rates, viz : for each coach,
chariot, phseton, curricle, carryall, or other four wheel
spring carriage, and for sleighs, used for pleasure, or
for the carriage of passengers, and drawn by four
horses, fifty cents ; for the like, drawn by two horses,
thirty-eight cents ; for the like, drawn by one horse,
twenty-five cents ; for a chaise, sulkey, or other two
wheel spring carriage, for pleasure or passengers,
drawn by one horse, twenty-five cents ; for sleds,
wagons, carts, and other vehicles, not for pleasure
or the carriage of passengers, but for other burdens,
and drawn by one horse or other beast, fifteen cents ;
for each additional beast, in all cases, not herein
otherwise provided for, ten cents ; for one person
and horse, ten cents ; for each foot passenger, six
cents ; for each wheel barrow, hand cart, or the
like, eight cents ; for drift calves and colts, under
one year old, each two cents ; for one neat crea-
ture, ten cents ; and for each additional neat crea-
ture, five cents ; for sheep, lambs and swine, each,
one cent ; allowing with each carriage not used for

FALL RIVER R. R. & F. CO. March 31, 1835. 411

the carriage of passengers, or for pleasure mainly,
but for the carrying of burdens, and drawn by one
horse, one person, and with such carriages drawn by
more than one horse or other beast, two persons
only, to pass free of ferriage. And from the hour of
nine of the clock in the evening:, to the time of one

I. 1 /• • • , • -1 • Time of de-

nour beiore sunrise m the mornmg, said corporation manding loiis.

shall have power to demand, recover and receive, to

the use of said corporation, such other reasonable

rates of ferriage, as the directors of said corporation

shall from time to time agree upon and establish.

And the load for a carriage drawn by two beasts

1 11 , • 1 T ^1 • 1 /• j1 Restrictions, as

shall not, including the carriage, exceed live thou- respects weight
sand pounds, and not more than one thousand five ° ""^ ^'
hundred pounds shall be allowed for each additional
beast ; and no carriage shall be allowed to carry over
said ferry a load which with the carriage shall ex-
ceed eiffht thousand pounds. And for the ferriage ^.

<-> 1- o Directors to es-

of such beasts, vehicles or other things, as are not tabUsii rates.
herein provided for, the said corporation shall have
power to demand, recover and receive, to the use of
said corporation, such other reasonable rates as the
said directors shall from time to time establish :
provided, nevertheless, that the said corporation Proviso.
shall not, at any time, demand or receive of any per-
son or persons, for passing over or upon the ferry-
road and bridges, herein before described, or either
of them, or any portion thereof, any other tolls than
the ferriage as provided for in this act. And the
legislature shall have the right, at any time, after f^^elf-huo^''^"
the expiration of ten years from the passage of this ^''^r, itc.
act, to alter and regulate the rates of ferriage to be
received by said corporation. And upon the ferry
boats there shall be kept and constantly exposed to
view, a sign-board, with the rates of ferriage fairly
and legibly written thereon.

412 FALL RIVER R. R. & F. CO. March 31, 1835.

Privileges, du- Sec. 9. Be it further enacted, That the said cor-

tics &.C*

poration shall be entitled to the privileges and im-
munities, and be subject to the duties and bound by
the provisions, granted, imposed and contained in the
act entitled " an act for the support and regulation
of mills," passed the tw^enty-seventh day of February,
in the year of our Lord seventeen hundred and nine-
ty-six, and the several acts in addition thereto, which
are now in force.
Corporation lia. gj.,.^ jQ. Be it furthcr cnttcted, That the said

Die for damages. '^ '

corporation shall be holden to pay all damages that
may arise to any persons or corporations, by taking
their lands for any of the purposes aforesaid, when
the same cannot be obtained by voluntary agreement,
to be estimated and recovered in manner provided
by law.
Time of annual g^^.^ n Bc it furthcr cuacted. That the annual

meeting, choice "^ '

of direciors, &c. meeting of the members of said corporation shall be
holden on the first Monday of May, at such hour and
place as the directors for the time being shall ap-
point, at which meeting, or at an adjournment there-
of, the directors shall be chosen by ballot, each pro-
prietor being entitled to as many votes as he holds

Proviso. shares : provided, that no proprietor shall be enti-

tled to more votes than one tenth the number of
the shares of the stock of said corporation.

To exercise all Sec. 12. Bc it furthcr efittcted, That the said

the powers here- . i i ^i • j i i

in granted, to corporatioH are hereby authorized and empowered
pure ase, c. ^^ themsclves, the president and directors thereof,
for the time being, or their agents, to exercise all the
powers herein granted, and all such power and au-
thority for the management of the affairs of the cor-
poration, 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 neces-

FALL RIVER R. R. & F. CO. March 31, 1835. 413

sary things for the use of the roads, mills and ferry
named in this act, and for the transportation of per-
sons, goods and merchandize ; and to make such
equal assessments from time to time, on all the shares
in said corporation, as they shall deem expedient
and necessary. And in case any subscriber or stock- in case or neg-

•^ '' lect to pay as-

holder shall neglect to pay any assessment on his sessment.
share or shares for the space of thirty days after due
notice from the treasurer of said corporation, the di-
rectors may order the treasurer to sell such share or
shares at public auction, after giving thirty days
notice thereof, to the highest bidder, and the same
shall be transferred to the purchaser ; and such delin-
quent subscriber or stockholder shall be held account-
able to the corporation for the balance, if his share
or shares sell for less than the assessments due there-
on, with interest and costs of sale ; and shall be en-
titled 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 as- Proviso,
sessments shall be laid upon any share in said corpo-
ration of a greater amount, in the whole, than one
hundred dollars on a share.

Sec. 13. Be it further enacted. That when the Persons under

'^ . guardianship.

lands or other property or any married woman, in-
fant, or other person who is under guardianship,
shall be necessary for the purposes of the several
grants in this act contained, the husband of such
married woman, and the guardian of such infant, or
other person, may release all damages for any lands,
or estates, taken and appropriated for the purposes
aforesaid, as they might do if the same were holden
by them in their own right respectively.

Sec. 14. Be it further enacted, That the said Authorized to

^ construct a

corporation be, and they hereby are authorized and branch rau-road.
33

414 FALL RIVER R. R. & F. CO. March 31, 1835.

, empowered to construct and complete a rail-road
from the western shore of Taunton great river, op-
posite the village of Fall river, to meet the Boston
and Providence rail-road at or near India Pointbridge,
in the town of Seekonk, through all that portion of
the course of said rail-road that is included within
the bounds and jurisdiction of this Commonwealth.

tut^s^lo^dXi^ ^"^ ^^^ t^^^ purpose the said corporation are author-
ized to lay out their road, not exceeding five rods
wide ; and for the purpose of cuttings, embank-
ments, and for procuring stone and gravel, may take
so much more land as may be necessary for the pro-
per construction and security of said rail-road ; and
the course and direction of said rail-road shall be as

rou^f &c°'^ ^^^ follows : — beginning at station number one, on the
western shore of Taunton great river, on land of
William Slade, in the town of Somerset, and thence
proceeding north, thirty-eight degrees west, forty-
six hundred and tAventy feet, to station number two;
thence proceeding in a curve with a radius of one
mile to and over the Narrows, on Lee's river, to
station number three, which is north fifty-one de-
grees west from station number two ; thence pro-
ceeding north, sixty-six degrees and thirty minutes
west, sixty-two hundred and seventy feet, to station
number four, on the north-westerly end of Long
Point, in the town of Swansey, and proceeding
thence in a curve with its centre to the south, and
with a radius of ten miles across Cole's river to
station number five, which is north sixty-eight de-
grees and thirty minutes west, from station number
four ; thence proceeding north, seventy-one degrees
and thirty minutes west, nineteen hundred and eigh-
ty feet, to station number six ; thence proceeding in
a curve having its centre to the south, with a radius
of one mile, to station number seven, which is north,

FALL RIVER R. R. k F. CO. March 31, 1835. 416

seventy-five degrees west, from station number six ;
thence proceeding north, seventy-seven degrees west,
iive hundred and twenty-eight feet, to station num- J^u'ie,* &"c°' '*"'
ber eight, which is in the boundary line between
this Commonwealth and the State of Rhode Island
and Providence Plantations, and in the line between
the towns of Swansey and Warren ; then commenc-
ing at station number ten, in the line between this
Commonwealth and said State of Rhode Island, and
in the line between the towns of Barrington and
Seekonk, and proceeding thence north, fifty degrees
and thirty minutes west, eighty hundred and fifty-
two feet to station number eleven ; thence proceed-
ing in a curve with its centre to the north, and with
a radius of one mile, to station number twelve,
which is north, thirty-four degrees west, from sta-
tion number eleven ; thence proceeding north, thir-
teen degrees west, thirty-eight hundred and twenty-
eight feet, to station number thirteen ; thence pro-
ceeding in a curve, with a radius of ten miles, and
having its centre to the north, to station number
fourteen, which is north, eleven degrees west,
from station number thirteen ; thence proceeding
north, ten degrees west, twenty-three hundred and
ten feet to station number fifteen ; thence proceed-
ing in a curve, with its centre to the west, and with
a radius of twenty hundred and forty-six feet, to
station number sixteen, which is north, forty degrees
west, from station number fifteen ; thence proceed-
ing in a curve, with its centre to the east, and with
a radius of twenty-six hundred and forty feet, to
station number seventeen, which is north, fifty-five
degrees west, from station number sixteen ; thence
proceeding north, fifteen degrees west, twenty-five
hundred and seventy-four feet, to station number
eighteen ; thence proceeding in a curve, with its

416 FALL RIVER R. R. & F. CO. March 31, 1835.

centre to the east, and with a radios of nine hun-
dred and ninety feet, to station number nineteen;
which is north, sixteen degrees east, from station
number eighteen ; thence proceeding north, fifty-five
degrees east, thirteen hundred and twenty feet, to
the Boston and Providence Rail-road, near India
Point bridge, in the town of Seekonk.
Corporation to Sec. 15. ^g {( further enacted, That said cor-

make fences. _ ^ '

poration shall be bound to make, and forever main-
tain legal and sufticient fences on each side of said
rail-road ; and in case they shall neglect so to do,
they shall be liable to the owners of the adjoining
lands for all damages arising from such neglect, in
an action of debt, to be brought in any court proper
to try the same.

How to construct Sec. 16. Bc it furthcr enacted, That 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 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 said rail-road shall,
in the course thereof, cross any canal, turnpike, or
other highway, the said rail-road sliall be so con-
structed as not to impede or obstruct the safe and
convenient use of such canal, turnj)ike, or other
highway.

Power to raise or And Said corporatiou shall have the power to raise

lower turnpike, , , -i i • i

&c. or lower such turnpike, highway, or private way, so

that the said rail-road, if necessary, may convenient-
ly pass under or over the same. And in case said
corporation shall unreasonably neglect to make such
alterations or amendments as the county commis-
sioners for said county of Bristol, shall, according to

FALL RIVER R. R. & F. CO. March 31, 1835. 417

the provisions of an act entitled, "an act for defin-
ing the rights and duties of rail-road corporations,
in certain cases," passed the twenty-sixth day of
March, in the year of our Lord eighteen hundred
and thirty-three, determine to be reasonable and
proper, the proprietors of any such turnpike, or the
selectmen of the town where the portion of the said
highway or private way so crossed by said rail-road
is situate, as the case may be, may proceed to make
such alterations or amendments, and may institute
and prosecute to final judgment and execution, in
any court proper to try the same, any action of the
case against said corporation, and shall therein re-
cover reasonable damages for all charges, disburse-
ments, labor and services occasioned by making such
alterations or amendments, with costs of suit.

Sec. 17. Be it further enacted, That a toll be, ToUs, &c.
and hereby is granted and established for the sole
benefit of said corporation, upon all passengers, and
property ol all descriptions, which may be conveyed
or transported upon said rail-road, at such rates per
mile as may be agreed upon and established, from
time to time, by the directors of said corporation.
The transportation of 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 rail-road, shall be in
conformity with such rules, regulations and provis-
ions as the directors shall, from time to time, pre-
scribe and direct, and said rail-road may be used by
any persons who shall comply with such rules and
regulations : provided, however, that, if at the expi- Proviso
ration of ten years from and after the completion of
said rail-road, the net income or receipt from tolls
and other profits, taking the ten years aforesaid as

418 FALL RIVER R. R. & F. CO. March 31, 1835.

the basis of calculation, shall have amounted to more
than ten per cent, per annum, upon the cost of the
rail-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 rail-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 profits as to produce
less than ten per centum, upon the cost of the said
rail-road, without the consent of the said corporation.
State may au- Sec. 18. Be it further enacted, That the state

thorize, &c. , . • i i

may authorize any company to enter with another
rail-road at any point of this rail-road, paying for the
right to use the same, or any part thereof, such a
rate of toll as the legislature may from time to time
prescribe, and complying with such rules aiid regu-
• lations as may be established by virtue of the pro-
May purchase visious of this act : provided, also, that it shall be

the rail-road. . „ , r- i • /^

in the power oi the government oi this Common-
wealth, at any time, during the continuance of the
charter hereby granted, after the expiration of twen-
ty years, to purchase of the said corporation, the
said rail-road and all the franchises, property, rights
and privileges of the said corporation, by paying
therefor the amount expended by said corporation ;
and in case at the time of making such purchase the
said corporation shall not have received a net in-
come equal to ten per cent, per annum, on the said
expenditures, from the time of the payment thereof
by the stockholders, by paying the said corporation
such additional sum as, together with the profits of
every kind M^hich they shall have received, will be

FALL RIVER R. R. & F. CO. March 31, 1835. 419

equal to a net profit of ten per cent, per annum on
the expenditures of said corporation, from the date
of the payment thereof by the stockholders of said
corporation, to the time of such purchase.

Sec. 19. Be it further enacted, That it shall be corporation to
the duty of the directors of said corporation, from legislature, &c.
year to year, to make report to the legislature, under
oath or affirmation, 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 f" ^^f ^^n "sS*^'
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 Commonw^ealth
a sum not exceeding five thousand dollars, to be re-
covered by action or indictment in any court of com-
petent jurisdiction. ^^

Sec. 20. Be it further enacted, That the direc- Autho^R to

'^ ^ . , erect toll houses,

tors of said corporation for the time being are here- ^<^-
by authorized to erect toll houses, establish gates, ap-
point toll-gatherers, and demand toll upon said rail-
road, when completed, and upon such parts thereof
as shall from time to time be completed.

Sec. 21. Be it further enacted, That the said corporation lia-

1111111 111 1 ble ibr damages,

corporation shall be holden to pay all damages that &c.
may arise to any person or persons, corporation or
corporations, by taking their lands or c^her property
for said rail-road, w^hen the same cannot be obtained
by voluntary agreement, to be estimated and recov-
ered in the manner provided for by law.

Sec. 22. Be it further enacted, That if any per- Corporation to

'^ _ _ "^ '^ recover for dam-

son shall wilfully and maliciously, or wantonly, and ages to road, &c.
contrary to law, obstruct the passage of any carriage

420 FALL RIVER R. R. & F. CO. March 31, 1835.

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
rail-road, he, she, or they, or any person or persons
assisting, aiding or abetting, in such trespass, shall
forfeit and pay to said corporation, for 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 jus-
tice, or in any court proper to try the same, by the
treasurer of the corporation, or other officer whom they
Offenders liable may direct, to the use of said corporation : and the

to indictment. ...

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
Fine on convic- offeuccs, coutrarv to thc foregoinjr provisions; and on
conviction thereol beiore any court competent to try
^^ the same, shall pay a fine not exceeding one hundred
Hr dollars, nor less than thirty dollars, to the use of the
Commonwealth, or may be imprisoned for a term
not exceeding one year, at the discretion of the court
before whom such conviction may be had.
Authorized to Sec. 23. Bc it further enacted, That the said

bridges. corpoi'atiou be, and they hereby are authorized and

empowered to erect for the sole and exclusive accom-
modation of the travel on said rail-road, where the
same crosses Cole's River and Lee's River, in the
towns of Swansey and Somerset, suitable bridges of
such materials and form, and of such width, not ex-
ceeding four rods, as they may judge best for the
safe and convenient accommodation of said rail-road :
provided, always, that there be made proper and
sufficient passages for the water at each of said
bridges, and that there be made and kept in good re-

FALL RIVER R. R. & F. CO. March 31, 1835. 421

pair sufficient draws or passage ways for the conve-
nient and safe passing and repassing of vessels at all
suitable times free of toll. And the said corporation
shall be held liable to raise the draws, or open such
passage ways, and to afford all reasonable accom-
modation to vessels having occasion to pass at all sea-
sonable times. And if any vessel shall be unrea- |^fiJ{'n^|*;eIsehL
sonably detained in passing said bridges, or either of passing bridges.
them, by the negligence of said corporation, the
owner or commander of said vessel may recover
reasonable damages therefor, of the said corporation,
in an action on the case, before any court proper to
try the same.

Sec. 24. Be it further enacted, That said corpo- Bridges, &c. to

•^ ... . ^ be kept in good

ration shall constantly maintain in good repair all repair.
bridges, 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. 25. Be it further enacted, That if the said ^" ""^f^ ^^*'.,'=f-

•^ ' poration lail to

corporation shall fail to complete said rail-road, on briT«^&c*
or before the first day of December, in the year of
our Lord one thousand eight hundred and forty-one,
or if said corporation shall not build the ferry-
wharves and bridges, and extend and complete the
said ferry-road to the said town landing in Swanzey,
which are severally referred to in the eighth section
of this act, on or before the first day of December,
which will be in the year of our Lord eighteen hun-
dred and thirty-eight, then this act shall be null and
void.

[Approved by the Lieut. Governor, March 31, 1835.]
54

422 MT. AUBURN CEMETERY. March 31, 1835.

CHAP. XCVI.

An Act to incorporate the Proprietors of the Ceme-
tery of Mount Auburn.

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

Persons incorpo- ^y thc uuthoritij of thc samc, That Joseph Story,
John Davis, Jacob Bigelow, Isaac Parker, George
Bond, and Charles P. Curtis, together with such
other persons as are proprietors of lots in the Ceme-
tery at Mount Auburn, in the towns of Cambridge
and Watertown, in the county of Middlesex, and
who shall in writing signify their assent to this act,
their successors and assigns, be, and they hereby are
' created a corporation, by the name of the Proprie-
tors of the Cemetery of Mount Auburn, and they
shall have all the powers and privileo;es, contained
in the statute of the year one thousand eight hun-
dred and thirty-three, chapter eighty-three.

May hold addi- Sec. 2. Bc it further enacted. That the said

tional land, not . , i i i i • <' • i i

to exceed fifty corporation may take and hold m tee simple the gar-

acres.

den and cemetery at Mount Auburn, now held by
the Massachusetts Horticultural Society, and any
other lands adjacent thereto, not exceeding fifty
acres in addition to said garden and cemetery, upon
the same trusts, and for the same purposes, and with
the same powers and privileges, as the said Massachu-
setts Horticultural Society now hold the same, by
virtue of the statute of the year one thousand eight
SnaiSter&c. hundred and thirty-one, chapter sixty-nine; and may
also take awd hold any personal estate not exceeding

MT. AUBURN CEMETERY. March SI, 1835. 423

in value fifty thousand dollars, to be applied to pur-
poses connected with, and appropriate to the ob-
jects of said establishment.

Sec. 3. Be it further enacted, That all persons Persons when to
who shall hereafter become proprietors of lots in said tors.
cemetery, of a size not less, each, than three hun-
dred square feet, shall thereby become members of
the said corporation.

Sec. 4. Be it further enacted, That the officers officers, their

^ _ _ number, &c.

of the said corporation shall consist of not less than
seven nor more than twelve trustees, a treasurer,
secretary, and such other officers as they may direct.
The trustees shall be elected annually at the annual
meeting, and shall hold their offices until others are
chosen. And they shall choose one of their number
to be president, who shall be also president of the
corporation; and they shall also choose the secretary
and treasurer, either from their own body or at large.
And the said trustees shall have the general man- Trustees to have
agement, superintendence and care of the property, ^^^ "'^"^^ement,
expenditures, business, and prudential concerns of
the corporation, and of the sales of lots in the said
cemetery, and they shall make a report of their do-
ings to the corporation, at their annual meeting.
The treasurer shall give bonds for the faithful dis- Treasurer to give
charge of the duties of his office, and shall have the
superintendence and management of the fiscal con-
cerns of the corporation, subject to the revision and
control of the trustees, to whom he shall make an
annual report, which shall be laid before the corpo-
ration at their annual meeting. And the secretary Secretary to take
shall be under oath for the faithful performance of °^^^' ^^'
the duties of his office, and shall record the doings
at all meetings of the corporation and of the trus-
tees.

424 MT. AUBURN CEMETERY. March 31, 1836.

Annual meeting. Sec. 5. Be it further enacted, That the annual
meetings of said corporation shall be holden at such
time and place as the by-laws shall direct, and the
secretary shall give notice thereof, in one or more
newspapers, printed in Boston, seven days at least

tJTe cfiied""^ before the time of meeting. And special meetings
may be called by the trustees in the same manner,
unless otherwise directed by the by-laws ; or by the
secretary, in the same manner upon the written re-

Quorum for busi- qucst of twcnty mcmbcrs of the corporation. At
all meetings a quorum for business shall consist of
not less than seven members; and any business may
be transacted, of which notice shall be given in the
advertisements for the meeting, and all questions
shall be decided by a majority of the members pres-
ent, and voting, either in person or by proxy.

Transfer. ^Ec. 6. Bc it further enactctl. That as soon as

the said corporation shall have received, from the
Massachusetts Horticultural Society, a legal convey-
ance of the said garden and cemetery at Mount Au-
burn, the Massachusetts Horticultural Society shall
cease to have any rights, powers and authorities,
over the same, and all the rights, powers and author-
ities, trusts, immunities and privileges, conferred
upon the said society, and upon the proprietors of
lots in the said cemetery, in, and by virtue of the
first section of the statute of the year one thousand
eight hundred and thirty-one, chapter sixty-nine,
shall be transferred to, and exercised by the corpora-
tion created by this act; and the same shall to all in-
tents and purposes apply to the said corporation, and
all proprietors of lots in the said cemetery, with the
same force and effect as if the same were herein
specially enacted, and the said corporation substitut-
ed for the Massachusetts Horticultural Society hereby.

MT. AUBURN CEMETERY. March 3\, 1836. 425

Sec. 7. Beit further enacted. That any person Penalty for de-

^ / . stroying, &c.

who shall wilfully destroy, mutilate, deface, injure,
or remove any tomb, monument, grave-stone, or
other structure, placed in the cemetery aforesaid, or
any fence, railing, or other work for the protection
or ornament of any tomb, monument, grave-stone,
or other structure aforesaid, or of any cemetery lot,
within the limits of the garden and cemetery afore-
said, or shall wilfully destroy, remove, cut, break or
injme any tree, shrub or plant, within the limits of
the said garden and cemetery, or shall shoot or dis-
charge any gun or other fire-arm within the said
limits, shall be deemed guilty of a misdemeanor, and
shall, upon conviction thereof, before any justice of
the peace, or other court of competent jurisdiction,
within the county of Middlesex, be punished by a
fine not less than five dollars, nor more than fifty
dollars, according to the nature and aggravation of
the offence ; and such offender shall also be liable, SfacSon'lTf'ires"
in an action of trespass, to be brought against him p^^^'^'^-
in any court of competent jurisdiction, in the name
of the proprietors of the cemetery of Mount Auburn,
to pay all such damages as shall have been occasion-
ed by his unlawful act or acts, which money, when
recovered, shall be applied by the said corporation,
under the direction of the board of trustees, to the
reparation and restoration of the property destroyed,
or injured as above, and members of the said corpo-
ration shall be competent witnesses in such suits.

Sec. 8. Be it further enacted, That the lots in in case of the

. ... death of any

said cemetery shall be indivisible, and upon the death proprietor, devi

_ ^ _ ^ see or heir at

of any proprietor of any lot in the said cemetery, con- 'a^, entitled to,
taining not less than three hundred square feet, the
devisee of such lot, or the heir at law, as the case
may be, shall be entitled to all the privileges of

426 MT. AUBURN CEMETERY. March 31, 1836.

When more than membership as aforesaid ; and if there be more than

one devisee or

heir at law, trus- one devisee or heir at law, of such lot, the board of

tees to designate,

«fcc- trustees for the time being shall designate which of

the said devisees or heirs at law, shall represent the
said lot, and vote in the meetings of the corporation,
which designation shall continue in force, until by
death, removal or other sufficient cause, another
designation shall become necessary ; and in making
such designation, the trustees shall, as far as they

Preference to be conveuicntly may, give the preference to males over

given to males, /.i i .. ^ i i ^ i • •

iemales, and to proximity or blood and priority of
age, having due regard however to proximity of resi-
dence.
Lawful for cor- Sec. 9. Be it fuitker enacted, That it shall be
any^g"a"nt!&c.'of lawful for the Said corporation to take and hold any
pfoperiy. grant, donation or bequest of property, upon trust, to

apply the income thereof, under the direction of the
board of trustees, for the improvement or embellish-
ment of the said cemetery, or of the garden adjacent
thereto, or of any buildings, structures or fences erect-
ed, or to be erected upon the lands of the said corpora-
tion, or of any individual proprietor of a lot in the
cemetery, or for the repair, preservation, or renewal of
any tomb, monument, grave-stone, fence or railing, or
other erection, in or around any cemetery lot, or for
the planting and cultivation of trees, shrubs, flowers
or plants, in or around any cemetery lot, according to
the terms of such grant, donation or bequest ; and
Supreme court to tlic supreiiic judicial couil iu this Commonwealth,

have power to * ,.,, .,.,..

compel perform- or auy othcr court therein, having equity jurisdiction,

ance of said , „ \ n ^^ i • • t • i i

trusts. &c. shall have full power and jurisdiction, to compel the

due performance of the said trusts, or any of them,
upon a bill filed by a proprietor of any lot in the said
cemetery for that purpose.

Proprietors of Sec.10. ^6 it furtlier eiiacted, as foWows i First,

lots becoming , , . r i • l • j

members Shall that the present proprietors ot lots m the said

csase, &c.

MT. AUBURN CEMETERY. March 31, 1835. 427

cemetery, who shall become members of the corpora-
tion, created by this act, shall thenceforth cease to
be members of the said horticultural society, so far
as their membership therein depends on their being
proprietors of lots in the said cemetery. Secondly, Saiesofiots,how
that the sales of the cemetery lots shall continue to be
made as fast as it is practicable by the corporation,
created by this act, at a price not less than the sum
of sixty dollars for every lot containing three hundred
square feet, and so in proportion for any greater or
less quantity, unless the said horticultural society,
and the corporation created by this act, shall mutual-
ly agree to sell the same at a less price. Thirdly, Proceeds of sales
that the proceeds of the first sales of such lots, after
deducting the annual expenses of the cemetery es-
tablishment, shall be applied to the extinguishment
of the present debts due by the said horticultural
society on account of the said garden and cemetery,
and after the extinguishment of the said debts, the ^'^'^ extinguish.

~ ' merit of debts

balance of the said proceeds, and the proceeds of ^^\''"f^ '° ^^ ^'*

r ^ 1 vided between,

all future sales, shall annually, on the first Monday '^''•
in every year, be divided between the said horti-
cultural society and the corporation created by this
act, in manner following, namely: fourteen hundred
dollars shall be first deducted from the gross pro-
ceeds of the sales of lots, during the preceding year,
for the purpose of defraying the superintendent's
salary and other incidental expenses of the cemetery
establishment, and the residue of the said gross pro-
ceeds shall be divided between the said horticultu-
ral society, and the corporation created by this act,
as follows, namely : one fourth part thereof, shall be
received by and paid over to the said horticultural
society, , on the first Monday of January of every
year, and the remaining three fourth parts shall be

428 MT. AUBURN CEMETERY. March 31, 1835.

retained and held by the corporation created by this

act, to their own use forever. And if the sales of

any year shall be less than fourteen hundred dollars,

then the deficiency shall be a charge on the sales of

Horticultural the succccdiug year or years. Fourthly, the money

priate their mo. SO rcccived by the said horticultural society, shall

mental garden, bc forcver dcvotcd and applied by the said society,

to the purposes of an experimental garden, and to

promote the art and science of horticulture, and for

Corporation to no Other purposc. And the money so retained by

appropriate their , . i i i • i ii i ^

money to the im- thc corporatiou Created by this act, shall be forever

provement. &c. , j i t i i • •

of the cemetery, aevoted and applied to the preservation, improve-
ment, embellishment and enlargement of the said
cemetery, and garden, and the incidental expenses

May inspect thercof, and for no other purpose whatsoever. Fifth-
treasurer s books ^ J-

<^<= ly, a committee of the said horticultural society, duly

appointed for this purpose, shall, on the first Monday
of January, of every year, have a right to inspect and
examine the books and accounts of the treasurer, or
other officer acting as treasurer of the corporation,
created by this act, as far as may be necessary to
ascertain the sales of lots of the preceding year.
Any three per- Sec. 11. Be it fwihe?' enctcted, That any three
authority to call or iTiorc of the pcrsous named in this act shall have
authority to call the first meeting of the said corpo-
ration, by an advertisement in one or more news-
papers, printed in the city of Boston, seven days at
least before the time of holding such meeting, and
specifying the time and place thereof. And all
proprietors of lots, who shall before, at, or during the
time of holding such meeting, by writing assent to
this act, shall be entitled to vote in person or by
proxy, at the said first meeting. And at such meet-
ing, or any adjournment thereof, any elections may
be had, and any business done, which are herein

MILLERS BRIDGE CORP. March 31, 1835. 429

authorized to be had and done at an annual meeting,
although the same may not be specified in the notice
for the said meeting. And the first board of trus- Trustees to r«.

^ _ ^ ^ , mam in office

tees, chosen at the said meeting, shall continue in until others are

" . chosen.

office until the annual meeting of the said corpora-
tion next ensuing their choice, and until another
board are chosen in their stead in pursuance of this
act.

Sec. 12. Be it further enacted, That the said cemetery ex-

'^ •111 empt from taxes.

cemetery shall be, and hereby is declared exempted
from all public taxes, so long as the same shall re-
main dedicated to the purposes of a cemetery.

[Approved by the Lieut. Governor, March 31, 1835.]

CHAP. XCVII.

An Act to establish the Millers River Bridge Cor-
poration.

Sec. 1 . J3E it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That Patrick T. Jack- Persons incorpo-
son, Benjamin R. Nichols, and Charles R. Low^ell,
their associates, successors and assigns, be, and they
are hereby made a corporation, by the name of the
Millers River Bridge Corporation, for the purpose of
locating, building, and completing a bridge across
Millers river, in the direction of Bridge street, in
that part of Cambridge called East Cambridge, and
following that dhection till it reaches the Barrell
Farm, so called, in Charlestown, the said bridge to be

430 MILLERS BRIDGE CORP. March 31, 1835.

built of good and sufficient materials, and to be not

less than forty feet in width, from outside to outside.

Damages to be §^0. 2. Be it further enacted, That the said

recovered. .^ '

corporation shall be holden to pay all damages that
may arise to any person or persons, whose real es-
tate shall be taken for the use of said bridge, the
same to be estimated and recovered in the manner
provided by law for the recovery of damages hap-
pening by the laying out of highways.
'r°"%<"°{;'heben- g^c. 3. Bc it furthcr enacted. That a toll be, and

ent of the corpo- »/ ' '

ration. hereby is granted and established for the sole benefit

of said corporation, upon all passengers and property
which may be conveyed or transported upon said
bridge, the rates to be one half of those mentioned
in the third section of the statute of the year one
thousand seven hundred and eighty-four, chapter fif-
ty-three, incorporating the proprietors of Charles

Foot passengers Rivcr bridge : provided, however, that no toll shall

exempt from t i r r • i i

toll. be taken lor loot passengers passmg the same ; and

when the said corporation shall be reimbursed by
said toll, after deducting all expenses for the money
by them expended in and about the building of said
bridge, with lawful interest thereon, they shall make

Bridge, when to ^q further dividends : and when they shall thereafter

become free. ' ''

have raised from said toll a fund sufficient, in the
opinion of the county commissioners, for the county
of Middlesex, to keep said bridge in permanent re-
pair, the said toll shall cease, and the said bridge
Disposal of the shall bccomc free for the use of the public. And

funds. _ ^

the said corporation shall pay over to the treasurer
of said county the fund so raised for keeping said
bridge in repair, and the said treasurer shall, under
the direction of said county commissioners, invest
the same on good security, and keep the same so
invested from time to time ; and the interest and

MILLERS BRIDGE CORP. March 31, 1835. 431

income of said fund, so far as the same shall be
needed therefor, shall be applied from time to time
for that purpose, under the direction of the said
county commissioners; and such part thereof as shall
not be necessary therefor, in any one year, shall be
added to the principal, and invested in the same
way, until the same shall be needed for the repair or
rebuilding of said bridge.

Sec. 4. Be it further enacted, That it shall be Annual return of

r • 1 • • 1 • 1 costs, &c.

the duty of said corporation, as soon as said bridge
is completed, to make to the governor and council
an exhibit of the cost of the same, which shall not
exceed the sum of seven thousand dollars, and on
the second Monday of January, annually, to exhibit
to the governor and council a statement of the pro-
fits accruing from the toll, stating particularly the
amount of money received, and the amount expend-
ed, the expenses in no case to exceed one thousand
dollars annually ; and all said statements shall be
sworn to by the treasurer. And if said corpora- Limited time to
tion shall not, within three years from the passage
of this act, locate, build, and complete said bridge,
agreeably to the provisions aforesaid, then this act
shall be void.

Sec. 5. Be it further enacted, That the towns May purchase
of Cambridge and Charlestown, and the county of ^ ^ " ^^'
Middlesex, or any or either of them, may at any
time purchase said bridge of said corporation, by
paying them the cost thereof with interest, deducting
the net receipts from the toll as aforesaid, in which
case the said bridge shall become free for the use of
the public ; and the purchaser or purchasers shall Purchasers lia-
thereaiter keep the same in permanent repair, and
shall be liable for any injury which may be caused
through any defect or want of necessary repair of

432 MILLERS BRIDGE CORP. March S\, 1835.

said bridge, in the same manner as towns are now
by law liable for any injuries caused through any
defect or want of necessary repair of common high-
ways and bridges ; and whenever the said bridge
shall become free as aforesaid, all the obligations
herein imposed upon said corporation to keep and
maintain the same in repair, shall thereafter cease.
When to call first Sec. 6. Be it further enacted, That either of the

meeting. , . .

persons named m this act, is authorized to call the
first meeting of said corporation, by causing notice
thereof to be published in one or more of the news-
papers printed in Charlestown or Boston, or by giv-
ing personal notice to each stockholder, seven days
Stockholders to at Icast prior to said meeting. And said stockhold-

choose a clerk ■, ^ c ' ' ^ c ^^

and treasurer, ers by a vote 01 a majority or those present, or rep-
resented by proxy, at said meeting, allowing one vote
to each share, shall choose a clerk and treasurer,
who shall be sworn to a faithful discharge of the du-

Treasurer and tics of their respcctivc officcs '. the treasurer to give

clerk to give ■■■ " .

bonds. bonds of not less than two thousand dollars, with

sufficient sureties ; and said offices may be united in

Corporation may ouc pcrsou, if the stockholdcrs shall so elect ; and

establish by-laws, , . ...

<&c. at the same or any subsequent meeting, said corpo-

ration may make and establish any by-laws, rules
and regulations, not repugnant to the constitution and
laws of the Commonwealth, that shall be necessary
or convenient for effecting the purposes aforesaid,
and for collecting the toll herein before granted, and
the same by-laws, rules and regulations, may cause
to be kept and executed, or for the breach thereof,
may order fines and penalties not exceeding ten dol-
lars : 'provided, that any such by-law which imposes
a penalty for its violation, shall be first approved by
the county commissioners of the county of Middle-
sex. The said stockholders may also choose and

LIGHT-HOUSE. March 31, 1836. 433

appoint any other officer or officers of said corpora-
tion, that may be deemed necessary. And this act, horded by d'erk.
and all by-laws and votes of the said corporation,
shall be fairly recorded by their clerk, in a book or
books, for that purpose provided and kept, w^hich
book or books shall be subject to the inspection of
any person or persons for that purpose appointed by
the legislature, or by the governor and council.

[Approved by the Lieut. Governor, March 31, 1835.]

CHAP, xcvni.

An Act to authorize the United States to take or
purchase a site for a Light House on the neck in
Marblehead, and to cede the jurisdiction of the
same.

Sec. 1. Jl>E it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That the United States united states

'^ ^ "^ "^ ^ may purchase or

of America may purchase or take, as hereinafter pro- take land for
vided, any tract of land, which shall be found neces-
sary or convenient for the light-house authorized by
congress to be erected at Marblehead, within this
Commonwealth; and during the appropriation of said
tract of land, to the purpose aforesaid, the jurisdiction
of said tract af land not exceeding four acres, and sit-
uated at a place called the neck in said Marblehead,
shall be, and is hereby ceded to, and shall be in the
United States, reserving to this Commonwealth, con-
current jurisdiction with the United States in, and over
said land, so far that all civil and criminal processes is-

Light-house.

434

LIGHT-HOUSE.

March 31, 1835.

Value of land
and damages,
appraised b}' a
jury, &c.

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.
When the parties Sec. 2. Be it further enacted, That if the agent

cannot agree in a ir i tt-io ii

sale & purchase, or pcrsott employcd for the United States, and the
Court of Com- owucr or owners of said land, which shall be found

mon Pleas. . • i i • i i

necessary and convenient for said light-house, cannot
agree in a sale and purchase thereof, such agent or
person employed may apply to the court of common
pleas in the county of Essex, and said court is here-
by authorized and empowered to cause the value of
said land, together with such damages as the owner
or owners of the same may sustain, by the erection
of said light-house, to be appraised by a jury to be
summoned by the sheriff' of said county or his depaty,
for that purpose, which jury shall be sworn to the
faithful discharge of their trust, and shall proceed,
after fourteen days notice to the owner or owners
of said land, to view and set off" by metes and bounds,
said tract of land, or such part thereof, as they shall
find necessary and convenient for such light-house,
and shall seal up their verdict and deliver the same
to the said sheriff or his 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 said land, or if they shall not appear, or shall
refuse to receive said amount, then said amount being
deposited in the office of the treasurer of the county
of Essex, to be received by the owner or owners, or
by any person legally authorized to receive the same,
the tract of land so appraised and set off, shall be

Sheriff to make
return of their
verdict.

CITY MILLS COMPANY. April 1, 1835. 435

vested in the United States for the purpose aforesaid :

provided, that all charges of such application and ap- S' pald'b/^the *°

praisement shall be paid by the United States : ^"''^'^ ^'^'^'•

provided, also, that all persons who shall dwell upon Proviso.

said tract of land shall be deemed and taken to be

inhabitants of said town of Marblehead, and shall

there be subject to the same duties, and have and

enjoy the same privileges as other inhabitants of said

town ; saving that the keeper of said light-house

shall not be liable to serve as a juror, or to perform

military duty.

[Approved by the Lieut. Governor, March 31, 1835.]

CHAP. XCIX.

An Act to incorporate the City Mills 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 Alexander DeWitt, Persons incorpo-
Samuel Dowse, and Benjamin F. Campbell, their
associates, successors, and assigns, be, and they here-
by are made a corporation by the name of the City
Mills Company, for the purpose of manufacturing
cotton goods, in the town of Franklin, in the county
of Norfolk, and for this purpose shall have all the
powers and privileges, and be subject to all the du-
ties and requisitions contained in the statute of one
thousand eight hundred and twenty-nine, chapter
fifty-third, defining the general powers and duties of
manufacturing corporations.

436 CHELSEA POINT BRIDGE. April 1, 1836.

Real and person- Sec. 2. Be it further euacted, That said corpo-

al estate. .

ration may lawfully hold and possess such real estate,
not exceeding twenty-five thousand dollars, and such
personal estate not exceeding fifty thousand dollars,
as may be suitable for the purposes aforesaid.

[Approved by the Lieut. Governor, April 1, 1835.]

rated.

CHAP. C.

An Act to incorporate the Proprietors of Chelsea
Point Bridge.

Sec. 1 . HF, 'it enacted by the Senate and House
of Representatives, in General Court assembled, and
Persons incoTpo. by the authority of the same, That Joseph Burrill,
Joseph Belcher, John W. Tewksbury, and their as-
sociates, successors and assigns, are hereby made a
corporation by the name of the Proprietors of Chel-
sea Point Bridge.

Sec. 2. Be it further enacted, That said corpo-
ration is hereby authorized to build a bridge from
the westerly side of Pulling Point, in the town of
Chelsea, to the easterly side of Belle Isle, lying
within the limits of the city of Boston, across the
creek running between the two places aforesaid;
which bridge shall be well built of good and suffi-
cient materials, not less than twenty feet wide, with
sufficient railings for the protection of passengers.
And no toll shall be demanded of any person or per-
sons who shall pass over said bridge, and said corpo-
ration shall be liable for all damages to travellers

COURT OF COMMON PLEAS. April 1, 1835. 437

over said bridge, happening through any defect of
the same in the same way and manner as towns are
liable for all defects in public highways and bridges.

Sec. 3. Be it further enacted, That if said cor- Time allowed to

^ build bridge.

poration shall neglect, for the space of three years
after the passing of this act, to build said bridge,
then this act shall be void.

[Approved by the Lieut. Governor, April 1, 1835.]

CHAP. CI.

An Act in addition to ''An Act to establish a Court
of Common Pleas for the Commonwealth of Mas-
sachusetts."

Sec. 1. jjE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That, whenever the Appeal to the su-

r 1 in 1 /• 1 • 1 preme judicial

court 01 common pleas shall render iinal judgment, court o.i render-
or make a decision in matter of law, whereby a case
is definitely disposed of in said court, and the grounds
of such judgment or decision are apparent on the re-
cord, or on an agreed statement of facts, the party
aggrieved by such judgment or decision may, al-
though no issue in law be joined, appeal to the su-
preme judicial court, under the regulations prescrib-
ed by the act to which this is in addition.

Sec. 2. Be it further enacted, That, whenever Party aggrieved

, -, 1 1 II 1 • 1 to file exceptions.

the court or common pleas shall render any judg-
ment, or make any decision in matter of law, as in
this act is before mentioned, where the grounds of
5Q

438 BOSTON & PROV. R. R. CORP. April 1, 1835.

such decision or judgment are not apparent on the
record, nor on an agreed statement of facts, the par-
ty thereby aggrieved, may file exceptions, in tho
manner prescribed by the fifth section of the act to
which this is in addition, although the trial of the
action or process may not be according to the course
of the common law, and although the supreme judi-
cial court cannot, on a decision upon such excep-
Upon a hearing tious, ordcr a ucw trial at their own bar : and upon

of exceptions

may reverso the a hearing of all exceptions whatever, to a iudgment

same, and order ^ _ ^ ' »> o

a new trial. or dccisiou of the court of common pleas, the su-
preme judicial court may affirm or reverse the same,
and issue the process proper to carry their decision
into effect, or may order a new trial at their own
bar, or remit the case to the court of common pleas
for trial, or pass any other order, decree or judgment
which law and justice may require.

[Approved by the Lieut. Governor, April 1, 1835.]

CHAP. CII.

An Act to authorize the Boston and Providence
Rail Road Corporation to increase their Capital
Stock.

xJE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That the Boston and
Increase of capi. Providcucc Rail-road Corporation be, and they here-
by are authorized to increase their capital stock, to
an amount not exceeding five hundred thousand dol-

S. B. SAVINGS INSTITUTION. April 1, 1835. 439

lars, bj creating an additional number of shares, not
exceeding five thousand, of one hundred dollars each,
the said shares to be apportioned among the present
stockholders pro rata ; and the same to be assessed
by instalments from time to time, as the directors
shall find it expedient, the amount thus raised to be
applied for the purposes specified in their original
act of incorporation, and the acts in addition thereto.

[Approved by the Lieut. Governor, April 1, 1835.]

CHAP. cm.

An Act to establish an Institution for Savings in
Boston.

13 E it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That Thomas Richard- fa^eu""^ '°corpo-
son, Hugh Montgomery, Noah Brooks, their asso-
ciates and successors, are hereby incorporated by
the name of "the Savings Institution of South Bos-
ton," to be located in that part of the city of Bos-
ton, called South Boston, and shall be entitled to all
the powers and privileges, and be subject to all the
duties and liabilities contained in the statute of one
thousand eight hundred and thirty-four, chapter one
hundred and ninety, entitled "an act to regulate
institutions for savings."

[Approved by the Lieut. Governor, April 1, 1835.]

440 MIDDLESEX HIGH SCHOOL. April 1, 1836.

CHAP. CIV.

An Act to incorporate the Proprietors of Middlesex
High School.

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

Persons incorpo- by the authority of the same, That Isaac Livermore,
Joseph T. Buckingham, Charles Everett, their asso-
ciates and successors, are hereby incorporated by
the name of the Proprietors of Middlesex High
School, to be established in Cambridge, in the coun-
ty of Middlesex, with the powers and requirements
contained in "an act concerning corporations," pass-
ed the eighth day of March, one thousand eight

Real and person- huudrcd and thirty-thrcc ; and with power to hold
real and personal estate, not exceeding in value the
sum of twenty thousand dollars, to be devoted ex-
clusively to the purposes of education.

[Approved by the Lieut. Governor, April 1, 1835.]

WHARF IN HARWICH. April 1, 1835. 441

CV.

An Act to authorize Darius Weeks and others to
construct a Wharf on the South Shore of the
Town of Harwich.

JjE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That Darius Weeks, ^^'■'"', ^'^''^^^

^ v* c/ ' 7 and others em-

Zebina H. Small, Jonathan Small, and Zephaniah powered to main-

■i tain a wharf.

Nickerson, and their associates, are hereby empower-
ed to construct and maintain a wharf, on the south
shore of the town of Harwich, in the county of
Barnstable, at or near Darius Weeks' landing, not
to exceed five hundred feet in length from high water
mark, and two hundred feet in breadth ; and shall
have the right to fasten and lay vessels at said wharf,
and receive wharfage therefor, and shall have all the
privileges necessary for the convenient and useful
improvement and occupation thereof : provided, how-
ever, that this grant shall in no wise interfere with
the legal rights of any other person or persons.

[Approved by the Lieut. Governor, April 1, 1835.]

442 GRAM. SCHOOL IN IPSWICH. April 1, 1835.

CHAP. CVI.

An Act concerning the Grammar School in Ipswich.

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

of Representatives, in General Court assembled, and

Feofees author- ^w the authoritv of the same. That the Feofees of

ized to sell, pass . .

deeds, &,c. the Grammar School in Ipswich, are authorized and
empowered to sell, and pass deeds of the following
parcels of real estate, namely : the " school house
orchard," the " school marsh,*' and all their right
and interest in the " Cross Farm," severally so call-
ed, to any person or persons, his, her or their heirs
and assigns, for such consideration as shall be agreed
on, which deed and deeds, duly executed, acknowl-
edged and recorded, shall pass good titles to the
purchaser or purchasers, his, her or their heirs and
assigns, so that neither the said feofees, nor their
successors, nor the legal representatives of the do-
nors of said lands, shall ever have, claim or demand
the same, or any part thereof.

Feofees to put Sec. 2. Bc it further enacted. That the said

proceeds out ^ '^

upon interest, feofccs shall iuvcst tlic uct procccds of said lands,
in the stock or stocks of some incorporated bank or
banks, or put the same out upon interest on mort-
gage on real estate, or loan the same to any incor-
porated town or city in this Commonwealth ; and
that they be authorized to collect, and again to in-
vest the same, as aforesaid, when and so often as
the said feofees, or a major part of them, shall deem
it to be most advantageous for said school, and they
shall apply the income thereof, exclusively to the

WHARF IN TAUNTON RIVER. April 1, 1835. 443

uses appointed by the original donors, and agreeably
to an act incorporating certain persons as feofees of
said school, and for regulating the same, passed in
the year of our Lord one thousand seven hundred
and sixty-five, and which was made perpetual by
an act passed on the fourteenth day of February, in
the year of our Lord one thousand seven hundred
and eighty-seven.

[Approved by the Lieut. Governor, April 1, 1835.]

CHAP. CVII.

An Act authorizing Leander P. Lovell and Harvey
Chace to construct a Wharf in Taunton Great River.

j>E it enacted by the Se?iate and House
of Representatives, in General Court assembled, and
by the authority of the same, That Leander P. Jifa"n?other^°^'
Lovell, and Harvey Chace, be hereby authorized to authorized to

' J ' J construct a

construct a wharf, extending from their land, at a ^''"'^•
place called Bowenville, in Fall River, to a point in
Taunton Great River, where the water is sixteen
feet in depth at low water. And the proprietors of
said wharf shall enjoy all the powers and privileges,
and be subject to all the liabilities common to pro-
prietors of wharves in said river : provided, that this
act shall not interfere with the legal rights of any
other person or persons.

[Approved by the Lieut. Governor, April 1, 1835.]

444 MECHANICS WHARF CO. April 1, 1835.

CHAP. cvni.

An Act to incorporate the Mechanics Wharf Com-
pany in New Bedford.

Sec. 1. J3E it enacted by the Senate and House
of Representatives, in General Court assembled, and
Ta^d!"* '"''°'P°' by the authority of the same, That Abraham Gif-
ford, Gideon Allen, Benjamin Rodman, their asso-
ciates, successors and assigns, be, and they hereby
are constituted a body corporate, by the name of
" the Mechanics Wharf Company."
corporaiior. au- Sec. 2. Be it further enacted. That the said
certain real es- corporatiou bc, aud hcrcby is declared and made ca-
pable in law to have, hold and possess in fee simple,
lease-hold, or otherwise, all or any part of certain
real estate, situate in the said town of New Bedford,
and bounded and described as follows, to wit :
southerly on a lane or common way, called Ark
lane, running from North Second street, to the
Acushnet river, on the west by a lane twenty feet
wide, leading from said Ark lane to the line of land
owned by William Beetle, which lane is located
seventy-nine feet from a line in continuation of the
west side of Water street, on the north hy land
owned by William Beetle, and on the east by the
Acushnet river : provided, the laA\ ful owners of said
property shall legally convey the same to said Me-
chanics wharf company : and, provided, that a way
shall be left open for the use of said company, forty
feet wide in a line with a street called Water street,
in said New Bedford.

MECHANICS WHARF CO. April 1, 1835. 445

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

•^ _ _ have power lo

poration shall have power from time to time, to as- assess, on siock-
sess on the stockholders such sums of money, not
exceeding in the whole, five hundred dollars on each
share, for the purchase, improvement and good
management of their estate, or altering and building
any wharves and docks, or laying out streets or pas-
sage ways on the land within the said described
limits, or making or repairing streets or ways, lead-
ing to the said premises : provided, the consent of the
proprietors of said streets or ways shall be first ob-
tained, 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 if any proprietor

T 11 r ^ 1 shall neglect to

shall refuse or neglect to pay any assessment, the pay assessment,

• 1 . 1 r , 1 1 r- corporation may

said corporation may cause such ot the shares oi seii, &c.
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 of the newspapers printed in said New
Bedford, which publication shall be made at least
three times, the last of which shall be at least seven
days previous to the sale, and after deducting the
amount assessed and unpaid, together with the
charges of sale, the surplus, if any, shall be paid
over to such proprietor, and the purchaser of such
share or shares so sold shall be entitled to receive
a certificate of the same : provided, always, that no
assessment shall be made at any meeting, unless the
same shall be agreed to by two thirds at least in
number of the votes of those present or represented
at said meeting.

Sec. 4. Be it further enacted. That in all meet- Each member
ings of the members of said corporation, for the vote, &c.
transaction of business, each member or proprietor

446 N. E. MUTUAL LIFE INS. CO. April 1, 1835.

shall be entitled to one vote, for every share held in
such corporation, and proprietors may appear and
act by proxy in writing at any meeting.

Sec. 5. Be it further enacted^ That the whole
number of shares shall not exceed two hundred, and
said shares shall be deemed and held as personal
property : provided^ always, that the stockholders in
said corporation shall be liable in their individual
capacities, for all debts and liabilities of the said
corporation, and said shares may be transferred by
endorsement, a record of which shall be duly enter-
ed upon the books of the corporation, by the clerk of
said company.

[Approved by the Lieut. Governor, April 1, 1835.]

CHAP. CIX.

An Act to incorporate the New England Mutual
Life Insurance Company.

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

of Representatives, in General Court assembled, and

Persons incor- bu the autlioritii of the same, That Ebenezer T.

porated. "^ ^ ^

Andrews, George Bond, Willard Phillips, Charles
P. Curtis, and Samuel H. Walley, Jr., and the per-
sons who may be insured under this act, and their
associates, successors, and assigns, be, and they here-
by are constituted a corporation by the name of the
New England Mutual Life Insurance Company, for
the purpose of making insurance upon lives, with all
the powers and privileges, and subject to all the du-

N. E. MUTUAL LIFE INS. CO. April 1, 1835. 447

ties contained in an act passed in eighteen hundred
and thirty-three, chapter eighty-three.

Sec. 2. Be it further enacted, That there shall Capital stock.
be an original guaranty capital stock subscribed to
the said corporation, which shall be one hundred
thousand dollars, to be divided into shares by the
corporation, half of which shall be paid in, in cash,
before the said corporation shall go into operation,
for the purpose of making insurance ; the other half
of said stock may be called for by the directors, from
time to time, when they deem it necessary or ex-
pedient, and shall be paid in by the holders of the
stock, which shall always stand pledged to the cor-
poration for all such assessments so called for.

Sec. 3. Be it further enacted, That, at the first Directors to be

•^ ' ' chosen at the

meeting of the corporation, a number of directors, not first meeting,

r> L ^ > number, &c.

less than eight, shall be chosen by the subscribers to
the said guaranty stock, who shall hold their offices
for one year, and until others are chosen in their
stead ; at all subsequent elections of directors, the At aii subsequent

elections, the

number shall be such as may be provided for, by a number shaii be,
previous vote of the directors or by-law of the corpo-
ration, and in case of no provision on this subject,
the number shall be the same as at the first election,
one half of whom shall be elected by the stockhold-
ers, and the other half by the assured, voting in
separate bodies ; the directors shall all be either uirectors to be

, - , ^ . either stockhold-

stockholders or assured, and on ceasmg to be such, ers or assured,
shall cease to hold said office. The directors may Directors to
choose a president from their own number, or from demlnd cierk
the stockholders, or the assured, in which case he ^'^'
shall be a director ex officio. They shall also choose
a secretary, who shall be under oath, and they shall
appoint all such officers and servants to transact the
business of the corporation, as they see fit. Each

448 N. E. MUTUAL LIFE INS. CO. April 1, 1835.

Each share enii- sharc of the guarantj capital stock shall entitle the
to one vole. holdcr to oiie vote, and each assured shall be entitled
In case of vacan- ^q q^q yQte in the elcction of directors. In case of

cies in the board,

*"=• vacancies in the board of directors, so as to reduce the

number to less than six, meetings of the corporation

shall be held, and the vacancies shall be filled so as

to make the board consist of a greater number than

six.

The whole busi- ^^^' ^' Be it fuither efiacted, That except the

pomUon^u^ndeT clcction of dircctors, and except the vote of the as-

Dfrec°t'orT,'e''x'^'''^ surcd, providcd for in the sixth section, the whole

eept, &c. business and affairs of the corporation shall be under

the control and management of the directors.
Annual dividend. Sec. 5. Be it fuithev enucted, That whenever
the net surplus receipts of the corporation over their
losses and expenses, and after providing for risks,
shall be sufficient for the purpose, the stockholders
shall be entitled to an aimual dividend of seven per
centum, or to such less dividend as may be agreed
upon at the time of subscribing the stock, and in the
case of such dividend not being made in any one
year, it shall be made good at a subsequent period,
when the net resources of the company shall be suf-
ficient for paying the same.
Reserved fund to gj.^. 6. Bc it further eiiucted, That after provid-

be applied to the «^ '

redemption of jj,nr for risks, losscs, incidental expenses, and dividends,

the guaranty o ' ' i ' '

•lock. as aforesaid, the directors shall set apart one quarter

of the estimated surplus funds and receipts, as a re-
served fund to be applied to the redemption of the
guaranty stock, and w henever, after the expiration of
ten years from the time of organizing the company,
the amount of such reserved fund shall be sufficient
for the purpose, and the assured shall vote to redeem
the said guaranty stock, the same shall be redeemed.

Directors to be ~ •'

chosen by the ^^.c. 7. Bfi it further enacted, That, upon the re-

assured. «-' '

N. E. MUTUAL LIFE INS. CO. April 1, 1833. 449

demption and extinguishment of the guaranty stock,
under the provision in section sixth, the directors
chall be chosen by the assured.

Sec. 8. Be it further enacted, That, at the expira- surplus funds

r- • -\ r r i- ,1j* r and receipts, to

tion of every period oi live years, from the time oi be reimbursed to,
the organization of the company, the remaining three assured""^
quarters of the estimated surplus funds and receipts
shall be reimbursed to, and among the assured, in
manner following, namely : to the holders of policies
for entire lives, each of which is insured at an uniform
annual premium for the whole life, in the proportion
of the whole amount of premiums paid during the
preceding five years, and in a corresponding and
equivalent proportion upon policies made otherwise
than at such uniform rate of premium, that is to say,
the reimbursement shall be made in the same propor-
tion, as if each policy subsisting at the end of each
five years had been made at its commencement
for an entire life, at an uniform annual premium :
provided, however, that the reimbursement to the Proviso.
holder of any policy shall not be estimated upon a
greater amount than shall have been actually paid in
on such policy : provided, further, that in considera-
tion of any existing policies having at the expiration
of any such period of five years contributed directly
or indirectly, to the fund for the redemption of the
guaranty stock, a provision may be made allowing a
greater proportion of reimbursement on such policies,
and preferring those of an older date, before those of
a more recent date, so that each policy, shall, so far
as may be, consistently with the circumstances of the
company, be reimbursed for the amount contributed
as aforesaid to the redemption of the guaranty stock.

Sec. 9. Be it further enacted, That the said cor- one third of the
poration shall, on the third Monday of January of paid over, .stc.

450 EAGLEVILLE MANUFAC. CO. April 3, 1836.

every year, pay over to the trustees of the Massachu-
setts general hospital, one third of the net profits, if
any, w^hich shall have arisen from insurance on lives
made during the preceding year.
Supreme court to Sec. 10. Be it further enacted, That the supreme

determine. &c. .,.., iiii ii •• • n

judicial court shall hear and determine m equity all
questions, arising between the said corporation, and
any stockholder, or assured.

[Approved by the Lieut. Governor, April 1, 1835.]

rated

CHAP. ex.

An Act to incorporate the Eagleville Manufacturing
Company.

Sec. 1. ijE it enacted by the Senate and House
of Representatives, in General Court assembled, and
Persons incorpo- % the authority of the same. That George A. Trum-
bull, Pliny Merrick, David T. Brighain, their asso-
ciates, successors, and assigns, be, and they hereby
are made a corporation by the name of the Eagle-
ville Manufacturing Company, for the purpose of
manufacturing cotton and woollen goods, in the town
of Holden, in the county of Worcester, and for that
purpose shall have all the powers and privileges, and
be subject to all the duties and requisitions contained
in the statute of one thousand eight hundred and
twenty-nine, chapter fifty-third, defining the general
powers and duties of manufacturing corporations.

Sec 2. Be it further enacted. That said corpora-

sonai estate. tiou may hold such real estate, not exceeding in value

twenty thousand dollars, and such personal estate,

Real and per-

CHARLESTOWN B. R. R. COR. Apil 4, 1835. 451

not exceeding in value thirty thousand dollars, as
may be necessary and convenient for the purpose
aforesaid.

[Approved by the Lieut. Governor, April 3, 1835.]

CHAP. CXI.

An Act to establish the Charlestov\^n Branch Rail-
Road Corporation.

Sec. 1 . ijE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That Abijah Goodridge> Persons incorpo-
Joseph Thompson, and William B. Swett, their as-
sociates, successors and assigns, be, and they hereby
are made a body politic and corporate, by the name
of the " Charlestown Branch Rail-road Corporation,"
with the powers and requirements contained in "an
act concerning corporations," passed March eighth,
one thousand eight hundred and thirty-three. And the Location of the

" _ "^ rail-road.

said corporation are hereby authorized and empowered
to locate, construct, and finally complete, a rail-road,
commencing at Swett's Wharf, in Charlestown, and
thence to the Boston and Lowell Rail-road in Cam-
bridge, in the county of Middlesex, so as to form a
branch thereof, in the course and direction following :
beginnine; at the north-easterly side of Swett's i-ocation of the

o o ^ route, &c.

Wharf, in Charlestown, at a point one hundred and
fifty feet south-east of Water street, thence running
parallel to Water street, sixty rods to the Main
street; thence by a curve of four hundred and

462 CHARLESTOWN B. R. R. COR. April 4, 1835.

Location of the eiffhtv feet radius, fifteen rods to westerly side

route, &c. * -^ -^

of Warren avenue, thence by a curve of eleven hun-
dred feet radius, thirty-five rods across the flats, to
the westerly side of Hunt's wharf, about fifty feet
from south end of same, thence north forty-nine
degrees west, eighty rods, thence by a curve of four
hundred and eighty feet radius, about forty rods
to the draw of Prison Point dam bridge, thence
along the easterly side of said bridge, at a distance
of thirteen feet from the same, to the new-made
land east of said bridge ; thence by a curve of four
hundred and eighty feet radius, about forty rods to a
point in the centre of the Boston and Lowell Rail-
road, and four hundred and eighty feet west of the
west side of Prison Point dam bridge, in such manner

Authorized to lay and form as they shall deem most expedient; and,
for this purpose, the said corporation are author-
ized to lay out their road, not exceeding fifty feet
wide, through the whole length. In all cases, the
line above described, is the centre of the rail-road :

Proviso. provided, however, that all damages that may be oc-

casioned to any person or corporation, by tbe taking
of such land for the purpose aforesaid, shall be paid
by said corporation in the manner hereinafter pro-
vided.

Capital stock. 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 di-
rection 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 prescrib-
ed by their by-laws, and shall hold their offices until
others shall be duly elected, and qualified to take
their places as directors, and the said directors, a ma-
jority of whom shall form a quorum for the transac-

CHARLESTOWN B. R. R. COR. 4>n7 4, 1835. 453

tion of business, shall elect one of their own num- to elect officers.
ber to be president of the board, who shall also be
president of the corporation ; and they shall have
authority to choose a clerk, who shall be sworn to cierktobesworu

•J ' and treasurer to

the faithful discharge of his duty, and a treasurer, give bonds.
who shall give bonds to the corporation, with sure-
ties, to the satisfaction of the directors, in a sum not
less than five thousand dollars, for the faithful dis-
charge of his trust.

Sec. 3. Be it further enacted, That the presi- Powers of the

. . president, &c.

dent and directors for the time bemg 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, construct-
ing, and completing said rail-road, and for the trans-
portation of persons, goods and merchandize, and all
such other powers and authority for the manage-
ment 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 neces-
sary things, in the name of the corporation, for the
use of said road, and for the transportation of per-
sons, goods and merchandize, to make such equal
assessments, from time to time, on all the shares in
said corporation, as they may deem expedient and
necessary, and direct the same to be paid to the
treasurer of the corporation. And the treasurer shall Treasurer to give

^ notice, &c

give notice oi all such assessments, and in case any
subscriber or stockholder shall neglect to pay his as-
sessment, for the space of thirty days after due no-
tice by the treasurer of said corporation, the direc-
tors may order the treasurer to sell such share or
shares at public auction, after giving due notice
thereof, to the highest bidder, and the same shall be

454

CHARLESTOWN B. R. R. COR. April 4, 1835.

Tolls, &c.

Transportation
of persons, &c.

Proviso.

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,
with interest, and the costs of sale ; and after paying
the same, shall be entitled to the overplus, if any
remain : 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 each share.

Sec. 4. Be it further enacted, That a toll be,
and hereby is granted and established for the sole
benefit of said corporation, upon all passengers and
property of all descriptions, which may be conveyed
or transported upon said road, at such rates as may
be agreed upon and established, from time to time,
by the directors of said corporation. And 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 relation
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;
and said road may be used by any person or persons,
corporation or corporations, who shall comply with
such rules and regulations : provided, however, that,
if at the expiration of ten years from and after the
time of the completion of said road, the net income
or receipts from tolls and otlier profits, taking the
ten years aforesaid for the basis of calculation, shall
have amounted to more than ten per cent, per an-
num upon the capital stock paid in, 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

CHARLESTOWN B. R. R. COR. April 4, 1835. 455

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 capital stock paid in, without
the consent of said corporation.

Sec. 5. Be it further enacted, That the respec- Rights of propn-

1 r ^ 111 elors, &c.

tive proprietors and owners of wharves and lands,
which shall be crossed by said road, shall severally
have the right to unite any rail-road or rail-roads
which they may respectively construct upon and
over their own land and wharves, with the rail-road
of said corporation, at their own expense, by turn-
tables or otherwise, as the directors shall deem most
expedient, and at such points as the said proprietors
shall respectively choose and designate, and the main
road of said corporation shall be so constructed, as
easily to admit cars and other vehicles from said lat-
eral rail-roads, which cars and vehicles shall be lia-
ble to pay the same, and no other rates of toll, and
be subject to the same rules, regulations, and pro-
visions, as other cars and vehicles travelling upon
said main road.

Sec. 6. Be it further enacted, That the directors Directors author-

^ . -. • r \ j^' !• 11 '^6<^ ^° erect toll

ot said corporation tor the time being, are hereby houses, &c.
authorized to erect toll houses, establish gates, ap-
point toll gatherers, and demand toll, upon the road
when completed, and in no case shall the rate of
travelling upon said road exceed four miles per hour.

Sec. 7. Be it further enacted. That the said corporation to

1 11 1 1 1 1 11 1 1 pay for damages.

corporation shall be holden to pay all damages that
may arise to any person or persons, corporation or
corporations, by taking their land or other property,

456

CHARLESTOWN B. R. R. COR. Jpril 4, 1835.

Persons under
guardianship.

for said rail-road, when it cannot be obtained by
voluntary agreement, to be estimated and recovered
in the manner specified in the act for defining the
rights and duties of rail-road corporations in certain
cases.

Sec. 8. Be it further enacted, That when the
lands or other property of any married woman, in-
fant, or person under guardianship, shall be necessary
for the construction of said rail -road, the husband of
such married woman, and the guardian of such in-
fant or other person, may release all damages for
any lands or estates, taken and appropriated as afore-
said, as they might do, if the same were holden by
them, in their own right respectively : provided, hoiv-
ever, that every married woman ^^hose lands shall
be taken as aforesaid shall be entitled to receive the
said damages therefor to her own sole and separate
use.
Corporation to Sec. 9. Be it further enacted, That if any per-
ageTto^oad, &2. SOU shall wilfullv, 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 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 as-
sisting, aiding or abetting such trespass, shall forfeit
and pay to said corporation for every such offence,
treble such damages as shall be proved before the
justice, court, or jury, before whom the trial shall be
had, to be sued for and recovered, before any justice
or any court proper to try the same, by the treasurer
of the corporation, to the use of said corporation, and
such offender or offenders shall be liable to indict-
ment by the grand inquest for the county within which

CHARLESTOWN B. R. R. COR. April 4, 1835. 457

such trespass shall have been committed, for any of-
fence or offences, contrary to the above provisions,
and on conviction thereof, before any court of com-
mon pleas, to be holdcn 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 at all meet- votes of proprie-
ings of said corporation, each proprietor shall be en-
titled to as many votes as he holds shares: provided,
that no vote shall be given by any proprietor by
virtue of any shares held by him, exceeding one
tenth part of the whole number of shares.

Sec. 11. Be it further enacted. That there shall Construction of a
be made and kept in such part of said rail-road as
shall run parallel with the Prison Point dam bridge,
a draw of at least thirty feet in width, for the pass-
ing and repassing of vessels, said draw to be direct-
ly opposite to the draw of said bridge, and the said
corporation shall furnish a proper pier below said road,
for the accommodation of vessels passing through the
same. And the said corporation shall be liable to Damages for de-

. , . 1 . taining- vessels i n

keep said draw m good repau', and to raise or open passing bridge.
the draw, and to afford all reasonable accommoda-
tion to vessels having occasion to pass it by day or
by night, and if any vessel shall be unreasonably de-
tained in passing the said draw by the negligence of
the said corporation, in constantly providing agents
to faithfully discharge the duties enjoined by this
act, the owner, commander, or person having the
consignment of said vessel, may recover reasonable -
damages therefor, of the said corporation, in an action
on the case, before any court proper to try the same.

458 CHARLESTOWN B. R. R. COR. April 4, 1835.

Width of draw. Sec. 12. Be it further enacted, That there shall
be made and kept in repair, on such part of the
Morrill estate, so called, as the warden of the state
prison shall direct, a draw of thirty feet in width,
for the safe and convenient passing and repassing of
vessels, said draw to be raised or opened in the
same manner, and under the same penalties, as are
provided in the preceding section, concerning the

Proviso. draw therein required : provided, however, that, if at

any time the owners of the said Morrill estate shall
so fill up their flats, as to interrupt the passage of
vessels through said draw, to the wharf situated on
the southerly side of Prison Point dam bridge, now
belonging to the state prison estate in Charles-
town, then and in such case, said draw may be dis-
continued by said corporation, and the said corpora-
tion shall pay one moiety of the expense of filling
up the flats belonging to that part of said state pris-
on estate lying southerly of Prison Point dam bridge
to the line of said road, and shall convey to the Com-
monwealth so much of the flats outside of said road,
as will be equal to the amount of flats belonging to
the Commonwealth, which shall be taken for the
tract of said road.
How to construct Sec. 13. Be it further enacted. That if the said

road, &c. -i i • i i -in

rail-road, m 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 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 said rail -road shall,
in the course thereof, cross any highway, or town-
way, the said rail-road shall be so constructed as not

CHARLESTOWN B. R. R. COR. April 4, 1835. 459

to impede or obstruct the safe and convenient use of
such way. And the said corporation shall have the f'.w'irhighway"'^
power to raise or lower such highway, townway, ^''*
or private way, so that the said rail-road may con-
veniently pass the same, and if the said corporation
shall raise or lower any such highway, town way, or
private way, and shall not so raise or lower the same
as to be satisfactory to the selectmen of the town in
which said way may be situated, said selectmen may
require in writing of said corporation 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 unnecessa-
rily and unreasonably neglect to make the same, if
ordered so to do by the county commissioners of the
county of Middlesex, and not otherwise, such select-
men may proceed to make such alteration or amend-
ment, and may institute and prosecute to final judg-
ment and execution, in any court proper to try the
same, any action of the case against said corpora-
tion, and shall therein recover a reasonable indemni-
ty in damage for all charges, disbursements, labor
and services, occasioned by making such alteration
or amendments, with costs of suit.

Sec. 14. Be it further enacted That it shall be Power of the

^ , ^ Commonwealth.

m the power oi the government oi the Common-
wealth, at any time during the continuance of the
charter hereby granted, after the expiration of twenty
years from the opening of said rail-road for use, to
purchase of the said corporation, the said rail-road,
and all the franchise, property, rights and privileges of
the said corporation, by paying them therefor such a
sum as will reimburse them for the amount of capi-
tal paid in, with a net profit thereon of ten per cent,
per annum, from the time of the payment thereof,

460 CHARLESTOWN B. R. R. COR. April 4, 1835.

by the stockholders, to the time of such purchase,
To report to the and HO inore : and it shall be the duty of the direct-

legislature, &c. ' -^

ors 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 provis-
ions of this act, and their books shall at all times be
open to the inspection of any committee of the leg-

Penaity. islaturc appointed for that purpose ; and if said cor-

poration 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 five
thousand dollars, to be recovered by action or indict-
ment in any court of competent jurisdiction.

Time allowed for Sec. 15. Be it further enacted, That if the

completing rail- - i /^ • i -i i i ii i

road. amount or stock of said rail-road shall not have been

subscribed, the corporation organized, and the loca-
tion of the route filed with the county commission-
ers of the county in which the land proposed to be
taken for said rail-road is situated, previous to the
first day of January in the year of our Lord one
thousand eight hundred and thirty-six, or if the said
corporation shall fail to complete the said rail-road on
or before the first day of January, in the year of our
Lord one thousand eight hundred and thirty-eight,
this act shall be null and void.
Authorized to Sec. 16. Be it further enacted, That the said

en er roa , c. cQj.pQj.ation ai'c hereby authorized to enter with their
rail-road on such part of the Boston and Lowell rail-
road as is designated by the first section of this act,
paying for the right to use the same or any part
thereof, such a rate of toll as the legislature may
from time to time prescribe, complying with such
rules and regulations as may be established by said

CHARLESTOWN B. R. R. COR. April 4, 1835. 461

Boston and Lowell rail-road corporation, by virtue
of the fifth section of their act of incorporation :
provided, however, that it shall be the duty of the ^LTtrucMurL"
corporation hereby created to enter the said Boston °"fn,;J^nfode°'
and Lowell rail-road, by such proper turn-outs or '^^ ^'^^''^'•
switches as will not unreasonably incommode the
travel upon the said Boston and Lowell rail-road,
and to leave them in such a state as not to interfere
with the free use of said road, and to pay all ex-
penses incident to, and in consequence of any alter-
ations necessary in said Boston and Lowell rail-road,
to enable them to enter upon it in a proper man-
ner.

Sec. 17. Be it further enacted, That it shall be To construct up-

, ^ on piles, &c.

the duty of said corporation to construct upon piles
the whole of that part of said rail-road between the
aforesaid draw on the Morrill estate, and the new
made land in Cambridge.

Sec. 1 8. Be it further enacted. That said cor- Power to vary

location, &c.

poration shall have power to vary the location of
that part of their rail-road which lies between Hunt's
wharf and the eastern terminus herein before men-
tioned, as they may deem expedient : provided, the Proviso.
consent of all the owners of the land over which the
same shall pass, and the approbation of the select-
men of Charlestown be first had and obtained.

Sec. 19. Be it further enacted. That the said Right to extend
rail-road corporation shall have the right to extend '

said road across said Swett's wharf, in an easterly
direction, to the line of the navy yard in Charles-
town, or any part of said distance : provided, that Proviso,
they shall obtain the consent of the selectmen of the
town of Charlestown, and of the owners of all the
lands over which said road extended would pass :
and, provided, also, that nothing in this section con-

462 WILD CATS, BEARS, &c. 4>n7 4, 1835.

taincd shall be understood to bind said corporation
to extend said road beyond said Swett's wharf.

[Approved by the Lieut. Governor, April 4, 1836.]

CHAP. CXIL

An Act to encourage by bounty the destruction of
Wild Cats, Bears, and Foxes.

JlJE it enacted hy the Senate and House
of Representatives, in General Court assembled, and
Bounty for the by the authority of the same, That in case any person.
Wild Cats, &e. being an inhabitant of this Commonwealth, shall,
from and after the first day of May next, take and
destroy within the limits of any town or district in
the Commonwealth aforesaid, any wild cat, bear, or
fox, and shall satisfy either of the selectmen of such
town or district thereof, and shall, in the presence
of such selectmen, burn or destroy the ears of such
animal ; a certificate of the fact shall be issued to
him by such selectmen, and whenever such certifi-
cate shall be lodged with the treasurer of such town,
or district, said treasurer shall thereupon pay to the
holder the sum of five dollars, for each wild cat, or
bear, and the sum of fifty cents for each fox ; and
all sums so paid shall be refunded from the treasury
of the Commonwealth, to any person authorized to
receive the same, whenever a certificate of the pay-
ment thereof, signed by such town or district treas-
urer, shall be lodged with the governor and council

N. A. INSURANCE COMPANY. April 6, 1835. 463

of the Commonwealth : and warrants shall be drawn
therefor accordingly.

[Approved by the Lieut. Governor, April 4, 1835.]

CHAP. CXIII.

An Act to incorporate the North American Insurance
Company.

Sec. 1. XjE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That George Adams, Persons incorpo-
William S. Bridge, Charles E[enshaw, their associ-
ates, and successors, are hereby made a corporation
by the name of the North American Insurance Com-
pany, to be located in the city of Boston, for the
purpose of making maritime loans and insurance
against maritime losses, and losses by fire, in the
customary manner, with all the privileges, and sub-
ject to all the duties and obligations contained in the
one hundred and twentieth chapter of the statutes of
eighteen hundred and seventeen, and in the one hun-
dred and forty-first chapter of the statutes of eighteen
hundred and nineteen, and also in the ninety-fifth
chapter of the statutes of eighteen hundred and
thirty-two, for and during the term of twenty years
after the passing of this act.

Sec. 2. Be it further enacted, That said cor- May hold and
poration may purchase, hold, and convey any estate, pe?s7na[e'ta°te.
real or personal, for the use of said company : provid-
ed, that the real estate shall not exceed the value of

4% LANDLORDS AND TENANTS. April 6, 1835.

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

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

stock of said company shall be one hundred thousand
dollars, and shall be divided into shares of one hun-
dred dollars each, and shall all be collected and paid
in, in such instalments, and under such provisions
and penalties, as the president and directors of said
company shall order and appoint.

Amount of risk. Sec. 4. Be it further enacted, That said compa-
ny shall at no time take any one risk by way of a
policy of insurance, maritime loan, or otherwise, to
a greater amount than eight per cent, on their capital
actually paid in.

[Approved by the Lieut. Governor, April 6, 1835.]

CHAP. CXIV.

An Act in addition to "An Act providing further
remedies for Landlords and Tenants."

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

of Representatives, in General Court assembled, and

Former statute to })y (fig authoritu of the samc. That the provisions of

apply to all cases ^ .

of forcible entry, t^g statute of eighteen hundred and twenty-five,
chapter eighty-nine, shall be held and construed to
apply to all cases of forcible entry and detainer,
and all cases of detainer of any lands or tenements,
wherein the person or persons hold the same with-
out right, or as mere trespassers, and to all cases

CIVIL PROCESS. April 6, 1835. 465

where any tenant shall make default in the payment
of rent, according to the terms of any written agree-
ment or lease between the parties. And in all such
cases, the like proceedings may be had, as if the re-
lation of landlord and tenant had theretofore existed
between the parties, saving only, that the forms of
proceeding, and any recognizance which may be en-
tered into by the defendant on an appeal, shall be so
far varied as to accommodate the same to the cir-
cumstances of the case.

Sec. 2. Be it further enacted, That all amend- ^l ^"rbJ"^"*^
ments in form or substance may be made in any ^afrScf*'"""
stage of the proceedings directed by this act, or the
act to which this is in addition, under such terms as
the court in which such proceedings may be pending,
shall direct.

[Approved by the Lieut. Governor, April 6, 1835.]

CHAP. CXV.

An Act concerning the service of Civil Process in
certain cases.

Sec. 1. x>E it enacted by the Senate and House
of Representatives, iti General Court assembled, and
by the authority of the same. That all civil proces- £w'and°wher'
ses against any town, district, parish, legally organ- *" ^^ served.
ized religious society, or proprietors of common and
undivided lands, or other estate, shall be served by
leaving an attested copy of such process, thirty days
at least, before the same is returnable, with the clerk

466 COURT OF COMMON PLEAS. April 7, 1835.

of such town, or other body aforesaid, and also with
one of the selectmen of such town or district, or
with one of the assessors, or prudential committee of
such parish, or religious society, or with one of the
principal proprietors of such land or estate ; and if
there be no clerk of either of the bodies aforesaid,
then said processes shall be served in manner afore-
said, on two of the officers, or proprietors aforesaid ;
and if there be no such officers of either of the bodies
aforesaid, such process shall be served in manner
aforesaid on the clerk, if there be one, and one of the
principal inhabitants or proprietors, respectively, of
such body, and if there be no clerk, then on two of
such principal inhabitants or proprietors, any law
now in force notwithstanding.
When to take! §£€. 2. Be it further enacted, That this act shall

effect. ^ '

take effect on the first day of July next.
[Approved by the Lieut. Governor, April 6, 1835.]

CHAP. CXVL

An Act establishing additional Terms of the Court
of Common Pleas in the County of Worcester.

Sec. 1. Be it enacted by the Senate and House
of Representatives, in General Court assembled, and
Additional terms, fjy ffi^ authority of the same, That, from and after
the passing of this act, there shall be held and kept
in the county of Worcester, three additional terms of
the court of common pleas, as follows, to wit : the
first term shall be held on the last Monday of May,

COURT OF COMMON PLEAS. April 7, 1835. 467

the second term shall be held on the third Monday of
September, and the third term shall be held on the
third Monday of January in each year, for the trial
and disposition of the criminal business of said county.

Sec. 2. Be it further enacted, That all appeals, ah appeals of a

, , , criminal nature

recognizances and processes, and every other matter to have day, &c.
or thing of a criminal nature, returnable to, or now
pending in the court of common pleas in said coun-
ty, shall be returnable to, and have day in said court,
at the first term thereof established by this act ; and
all parties and persons, before passing this act re-
quired to appear and attend at any term of said court
in said county, touching any matter or thing afore-
said, shall appear and attend and have like day in
court, at the said first term thereof established by
this act.

Sec. 3. Be it further enacted, That the civil civii business

^ ^ , only to be trans-

busmess of the court ot common pleas, in the county acted, &c.
aforesaid, shall be transacted only at the terms of
the said court heretofore by law established. And Criminal busi-
the criminal business thereof shall be acted upon transacted, &c.
only at the terms of the said court herein appointed
to be holden. And all continuances of civil or crimi-
nal business shall be without any special order
therefor to the next term of said court, to be holden
for the transaction of business of the same descrip-
tion.

Sec. 4. Be it further enacted, That it shall be Grand jurors to

, . . . -, , attend the first

the duty of grand jurors in said county to attend on dayoftheses-

the first day of the session of the respective terms of

the said court herein appointed to be holden, and it

shall not be their duty to attend at any of the terms

of the said court holden for the transaction of civil

business.

[Approved by the Lieut. Governor, April 7, 1835.]

468

LANDING PLACE IN MILTON. ApriH, 1835.

CHAP. CXVII.

An Act for the regulation of the Public Landing
Place in Milton.

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

of Representatives, in General Court assembled, and

Inhabitants of by the authority of the same, That it shall be lawful

Milton to choose for the inhabitants of the towns of Dorchester and

a board of com- -i..-., , . ■, . . •»» ,

niissioners, &c. Milton, at thcu' aunual meeting ni March or April,
to choose each, three suitable persons, who jointly
shall constitute a board of commissioners on the pub-
lic landing place in Milton, who, when organized
by electing a chairman and a clerk to keep a record
of their doings, shall proceed to take charge of the
said landing place, and cause all nuisances thereon
to be abated, or to settle for the same upon such
terms as they may deem equitable ; and see that no
encroachments in future are made upon it, and regu-
late it in general in such a manner, as they may
deem necessary to secure an equal enjoyment of its
privileges to all.

Sec. 2. Be it further enacted, That if said
commissioners are of the opinion, that the public
convenience requires that improvements be made
upon said landing place by levelling the same,
erecting wharves, or in any other way, the said com-
missioners are hereby authorized to make such im-
provements, from time to time, as they may deem
necessary for the public convenience; and said com-
missioners are hereby authorized and empowered to
lease for a term of time, so much of said landing

Commissioners
authorized to
make improve-
ments, &c.

C. C. PLEAS IN SUFFOLK. April 7, 1835. 469

place, or exact such wharfage on goods, wares, or Empowered to

r ' . . lease landing

merchandize landed, shipped or stored upon said place, &c.
landing place, as they may deem equitable ; until
said commissioners shall have received a sufficient
sum of money to indemnify them for all the expense
that may have accrued, after which, the public shall
have a right to use it free of expense under the di-
rection of said commissioners.

Sec. 3. Be it further enacted, That said com- commissioners

•^ _ _ _ invested with

missioners are hereby invested with authority to authority, &c.
enforce such bargains, agreements, rules and regu-
lations as they from time to time shall make in their
official capacity, by maintaining an action in any
court of law for the recovery of any forfeitures in-
curred by a breach of any bargain, agreement, rule
or regulation so made ; and said commissioners are
authorized to receive such a compensation for their
services as the selectmen of the town to which they
belong shall approve, which sum shall be collected
and paid in the same manner as the expenses of the
improvements are collected and paid.

[Approved by the Lieut. Governor, April 7, 1835.]

CHAP. CXVIII.

An Act concerning the jurisdiction of the Court of
Common Pleas in the County of Suffolk.

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 Court of c°"rtofcom-

^ T-»l • 1 . 1 r- 1 ™°° P'®** ^^'•'^

Common Pleas, withm and for the county of Suf- P°^er, &c. in

^ "^ Chelsea.

470 C. C. PLEAS IN SUFFOLK. April 7, 1835.

folk, shall hereafter have authority to exercise, in the
town of Chelsea, all the powers by law conferred
on county commissioners, so far as said powers are
applicable to said town, and consistent with the
provisions of the second section of this act.
Upon any peti- Sec. 2. Be it further enacted, That on any pe-

tion, &.C. said . . "^ , .

court may ap- titiou propcrly presented to said court respecting the
laying out, altering, or discontinuing of any way in
^ said town, said court may appoint three disinterested

commissioners to act thereon, a majority of whom
shall have power to perform all the duties required
by law of county commissioners in other cases, so far
as respects the viewing, laying out, constructing,
accepting, or discontinuing of ways, and of assess-
ing damages sustained by individuals or corporations
in the premises, subject to the final determination of
said court ; and whenever any party shall be entitled
to a jury, according to the provisions of law respect-
ing ways, concerning any matter in said town, said
court shall have authority to order a jury to be sum-
moned and empannelled, and to accept or reject
their verdict, as in other similar cases.
Former laws re- Sec. 3. Be it further euacted, That all laws
pealed incousistcnt herewith, be, and the same are hereby

repealed, saving all proceedings now pending in said
court.

[Approved by the Lieut. Governor, April 7, 1835.]

MAN. MUTUAL FIRE INS. CO. April 7, 1835. 471

CHAP. CXIX.

An Act in addition to "An Act incorporating the
Manufacturers Mutual Fire Insurance 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 the Manufactur- company au-

♦^ ./ t/ thorized to in-

ers Mutual Fire Insurance Company, be, and the sure for a term,
same is hereby authorized to insure for a term not
exceeding one year, upon the same principles as
those upon which they are now authorized to insure
manufacturing establishments within this Common-
wealth, any public building, public hotel, store, or
store-house, together with any furniture, merchan-
dize, or other property contained therein.

Sec. 2. Be it further enacted, That the third Amendment, &c.
section of the act to which this is in addition be so
far amended, that the property which the said cor-
poration are authorized to insure, may be situate in
any state, district or territory of the United States,
and whenever the same shall be without the Com-
monwealth, the said corporation may require such
additional security for the deposit note to be given
by the individual or corporation assured, as they shall
see fit.

[Approved by the Lieut. Governor, April 7, 1835.]

472 FISHING INSURANCE CO. April 7, 1835.

CHAP. CXX.

An Act in further addition to "An Act to incorporate
the Fishing Insurance Company."

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

of Representatives, in General Court assembled, and

Authority 10 in- hii the autkoritv of tkc Same, That the Fishing Insur-

crease capital •/ O J ^ o

stock. m\ce Company in the city of Boston, be, and it hereby

is authorized and empowered to increase its capital
stock by adding thereto fifty thousand dollars, to be
divided into shares of fifty dollars each, one half of
such additional capital to be paid in within sixty days,
and the residue within one year from the passage of
this act, in such instalments as the president and
directors shall in their discretion direct.

Right to make Sec. 2. Be it further enacted. That when such

loans and insur- it- i •!• 11 • 1 • 1 -i

anceupon every additional Capital IS all paid in, the said corporation
vessels, &c. sliall Iiave the right to make maritime loans, and in-
surance against maritime losses, upon every descrip-
tion of vessels and the cargoes thereof, in the cus-
tomary manner : provided, that said company shall at
no time take any one risk by way cf policy of insur-
ance, maritime loan, or otherwise, to a greater
amount than eight per cent, on their capital stock
actually paid in.
Part of former Sec. 3. Bc it further cuactcd. That sections
third, fourth, and fifth, of the act passed March first,
in the year one thousand eight hundred and thirty-
one, to which this act is in addition, and all parts of
said act inconsistent with the provisions hereof, be,
and the same are hereby repealed.

act repealed.

[Approved by the Lieut. Governor, April 7, 1835.]

PARISH & RELIG. FREEDOM. April!, 1835. 473

CHAP. CXXI.

An Act in addition to "An Act relating to Parishes
and Religious Freedom."

ijE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That whenever any in case of re-
parish or religious society, which owns, or shall own, houses of puWic
any church, meeting-house, or other house of public ^°" ^^'
worship, shall deem it necessary, for the purpose of
repairing, altering, enlarging, or rebuilding any such
church or house, to take down any pews therein ;
such parish or religious society shall have the same
authority, and shall be subject to the same regula-
tions, as are conferred and prescribed by the fifth
section of the statutes of eighteen hundred and sev-
enteen, chapter one hundred and eighty-nine, in re-
gard to proprietors of churches, meeting-houses and
other houses of public worship : provided, however, Proviso.
that nothing herein contained shall extend to the
case of any such church or house, which has or shall
become unfit for the purpose of public worship.

[Approved by the Lieut. Governor, April 7, 1835.]

474 HIGHWAYS. April 7, 1835.

CHAP. CXXH.

An Act in further addition to "An Act directing the
method for laying out Highways."

Jl>E it enacted by the Senate and House
of Representatives, in General Court assembled, and
Notice to be pv- by the authority of the same, That no private or town-
out private or Way shall bc laid out by the selectmen of any town,
or by their order, unless at least six days previous to
the laying out of the same, a written notice of the
intention of such selectmen to lay out such way, be
left by such selectmen, or by their order, at the usual
place of abode of the owners of the land over which
said way will pass, or delivered to such owner in
Proviso. person, or to his tenant, or authorized agent : provid-

ed, that if said owner have no such place of abode,
in the town in which said way will be laid out, or no
tenant, or authorized agent therein, known to the se-
lectmen, then such notice shall be posted up in some
conspicuous public place in the town, at least six
days previous to the laying out of said way.

[Approved by the Lieut. Governor, April 7, 1835.]

SALARY OF CLERKS, &c. April 7, 1835. 475

CHAP. CXXIIL

An Act in addition to an Act providing for the gov-
ernment and regulation of the State Prison.

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 the increase of lum-

•^ '^ "^ . keys salary.

first day of May next, the compensation allowed to
each of the Turnkeys of the State Prison, for his
services, shall be five hundred and fifty dollars per
year, instead of the sum allowed to said officers, by
the provision contained in the eighth section of the
act providing for the government and regulation of
the state prison, passed on the eleventh day of March,
one thousand eight hundred and twenty-eight.

[Approved by the Lieut. Governor, April 7, 1835.]

CHAP. CXXIV.

An Act in addition to "An Act limiting the tenure
of office, and establishing the salaries for Clerks
of the Judicial Courts."

Sec. 1. jjE it enacted by the Senate and House salary of the
of Representatives, in General Court assembled^ and Munici°pai court,
by the authority of the same. That the salary of the render^ uu'e °
clerk of the municipal court of the city of Boston, ^^*'""'°"*'^ '

476 SALARY OF CLERKS, &c. April 7, 1835.

shall be twelve hundred dollars a year; and that said
clerk shall keep a true and exact account of all the
monies he shall receive by virtue of his office, under
the laws of this Commonwealth, excepting fees for
certified copies ; and shall, on the first Wednesday of
January, annually, render to the treasurer of the coun-
ty of Suffolk, on oath, a true account of the whole
sum by him thus received, and shall, after deducting
the aforesaid sum of twelve hundred dollars, and one
half of any surplus, refund and pay over all the resi-
due to the said treasurer, and the said treasurer shall
account for such residue to the treasurer of the
Commonwealth.
Construction of Sec. 2. Be it farther enacted, That to remove

former act, con- n i i i • r i i • i

cerning rendition all Qoubts as to the constructiou 01 the third section

of accounts, &c. -, ,.,,... it- •

01 the act to which this is m addition, concerning
the rendition of accounts by the clerks in said act
mentioned, those clerks who have rendered their ac-
counts, or may render the same, covering a whole
year, shall be deemed to have complied with the act
to which this is in addition, any thing in said act to
the contrary notwithstanding; and this act shall take
effect from and after the first day of May next.

[Approved by the Lieut. Governor, April 7, 1835.]

BEACH GRASS. April 7, 1835. 477

CHAP. CXXV.

An Act in addition to "An Act to prevent the de-
struction of Beach Grass in the towns of Pro-
vincetown and Truro."

Sec. 1. JjE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That no neat cattle, No neat cattle,

, , 1 11 1 • 1 ^'^- allowed to

horses, sheep or goats, shall be permitted to go at go at large.
large in the town of Provincetown, nor on that tract
of land in the town of Truro between the line which
divides the towns of Provincetown and Truro, and
a line drawn parallel with the aforesaid line from the
foot of eastern harbour meadow in Truro, to the
northern side of Cape Cod. And if any persons penalty,
shall suffer any of the creatures aforesaid to go at
large on the aforementioned lands, he shall forfeit
and pay to the use of the person prosecuting there-
for, for every one of said creatures, except sheep and
goats, not less than five, nor more than ten dollars,
and for every sheep or goat, not less than one, nor
more than three dollars.

Sec. 2. Be it further enacted. That it shall be Lawful to im-
lawful for the committee mentioned in the third sec-
tion of the act to which this is in addition, or for any
other person, to take up and impound in the town
pound in Provincetown, any neat cattle, horses,
sheep or goats, found at any time going at large,
within the limits in the preceding section mentioned,
he, or they relieving the said creatures with suitable
meat and water during the time of their confine-
61

478 BEACH GRASS. Aprill,U35.

When impound- mciit. And whcii anv of the creatures aforesaid

ed to give infor- . '^ ,

mation. shall be so impounded, it shall be the duty of the

person or persons impounding them, within twenty-
four hours, to inform the owner thereof, if known,
by leaving a written notification at his usual place of
abode, or if not known, by posting up a written no-
tification in three public places in the towns of Pro-
vincetown and Truro, which notification shall de-
scribe said creatures, and shall specify the time,
place, and cause of impounding them, and if said
owner shall not within three days from the time of
leaving or posting up such notifications, pay, or offer
to pay to the pound-keeper the smallest penalty or
penalties incurred as aforesaid, and also the reasona-
ble expenses of the relief and sustenance of such
creatures, together with the pound-keeper's legal fees,
the said committee or persons impounding said crea-

May sell at auc- turcs may procecd to sell them at public auction,

tion if owner re- - . . , r i • i i /• i i

fuse to pay, &c. iirst givuig uoticc 01 the timc and place oi sale, by
posting up a written notification thereof in three
public places in Provincetown, forty-eight hours at

Owner to re- Icast bcforc such salc ; and after deducting from the

ceive surplus if i r i i i r • i i •

called for within proceeus OI auy such sale the aioresaid penalties,
one year. expcnscs and fecs, and also the costs of such sale,

the surplus, if any, shall be paid to the owner or
owners of the creatures so sold, if he or they shall
demand the same within one year after the sale,
otherwise it shall be paid into the treasury of the
town of Provincetown, for the use of said town.
Part of former Sec. 3. Be it further enacted, That the first and
fifth sections of the act to which this is in addition,
be, and the same are hereby repealed, saving, how-
ever, any rights already acquired, and any remedies
already adopted under the act aforesaid.

[Approved by the Lieut. Governor, April 7, 1835.]

act repealed.

SEALING HAY SCALES, &c. April 7, 1835. 479

CHAP. CXXVL

An Act providing for the Sealing of Hay Scales and
Platform Balances.

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 keepers
the first day of June next, it shall be the duty of &c.
every person w^ho shall keep hay scales or platform
balances for public use, to cause the same to be tried
and sealed at his or her expense, at least once in every
year, by a sw^orn sealer of w^eights and measures ;
and every person, v^^ho shall, after said first day of Penalty for neg-
June, keep hay scales or platform balances for pub-
lic use, or shall v^^eigh, or suffer to be weighed, in hay
scales or platform balances, by him so kept, any hay
or other article of traffic, unless said scales or bal-
ances shall have been sealed as aforesaid, shall forfeit
and pay for each offence, not less than five, nor more
than twenty dollars, according to the circumstances
of the case, one moiety thereof to the use of the
Commonwealth, and the other moiety to the use of
him or them, who shall sue for the same, to be re-
covered in an action of debt, or on the case, with
costs of suit, in any court proper to try the same.

[Approved by the Lieut. Governor, April 7, 1835.]

480 PAUPERS. CITY OF BOSTON. April 7, 1836.

CHAP. CXXVII.

An Act concerning Paupers.

XjE it enacted by the Senate and House

of Representatives, in General Court assembled, and

Pauper expenses; by the authority of the same, That whenever any

towns entitled to. -,...■., ^^ 11111

reimbursement, citj, town or Qistrict m this Commonwealth, shall
incur expense in relieving or supporting any poor
person who has no settlement within this Common-
wealth, such city, town, or district, shall be entitled
to reimbursement, at a rate not exceeding, in any
case, the sum of seven cents per day for the support
of persons over twelve years of age, and four cents
per day for the support of persons under twelve
years of age, in the manner and under the restric-
tions now provided by law.

[Approved by the Lieut. Governor, April 7, 1835.]

CHAP. CXXVIIl.

An Act in further addition to an Act establishing the
City of Boston.

Sec. 1 . Jt>E zY enacted by the Senate and House

of Representatives, in General Court assembled, and

Number of school biJ the authoritii of the same. That the School Com-

committee. '^. , .

mittee of the city of Boston shall consist of the

STATE LUNATIC HOSPITAL. April 7, 1835. 481

mayor of said city, of the president of the common
council of said city, and of twenty-four other per-
sons, two of whom shall be chosen in each ward of
said city, and who shall be inhabitants of the wards
in which they are chosen ; said twenty-four members when to be cho-

J ^ J sen.

to be chosen by the inhabitants, at their annual elec-
tion of municipal officers.

Sec. 2. Be it further enacted, That so much of Repeal of act.
the act to which this is an addition, as is inconsist-
ent with the provisions of this act, is hereby repealed :
provided, however, that the present school committee proviso.
of said city shall continue in office, until a new com-
mittee shall be chosen under the provisions of this
act.

Sec. 3. Be it further enacted. That this act Act void unless
shall be void, unless it shall be adopted by ballot by lot.
the inhabitants of said city of Boston, qualified to
vote in city affairs, at a legal meeting of said inhab-
itants called for that purpose, and held in their re-
spective wards, within thirty days from the passing
hereof.

[Approved by the Lieut. Governor, April 7, 1835.]

CHAP. CXXIX.

An Act in addition to " An Act concerning the State
Lunatic Hospital."

Sec. 1 . JjE i^ enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That so much of the seventh section
seventh section of the one hundred and fiftieth chap- Zl^^^^^ '° *^''

482 STATE LUNATIC HOSPITAL. April 7, 1835.

ter of the statutes of the year one thousand eight
hundred and thirty-four, as provides that the ac-
counts of the state lunatic hospital shall be charged
tOj and paid by the town or city where the patient
resided at the time of the application for commit-
ment, so far as the same applies to any patient not
having a legal settlement in this Commonwealth, be,
and the same is hereby repealed. And no city, town
or district within this Commonwealth, shall be liable
to the trustees of said hospital for the support of
any lunatic, who may be, or may have been commit-
ted to the same, by any court or judge now author-
ized by law to make such commitment, unless said
lunatic has a legal settlement within the Common-
wealth.
In case where ^Ec. 2. Be it furthcr euacted, That in any case
shaUcommu" &e. whcrc the suprcmc judicial court, or court of com-
mon pleas, may have committed, or shall hereafter
commit to said hospital, any lunatic who has a le-
gal settlement in this Commonwealth, or where said
Where a lunatic luuatic has bccu Committed by virtue of a proclama-

has settlement, j.' r .i i r ^u i • i j.

&c.trus'ee3may tiou 01 the govcmor, or rcsolve 01 the legislature, or
recover, c. ^^^ ^^^^ ^^^^ justices of the pcacc, quorum unus, or by

a judge of probate, or the judge of the municipal court
of the city of Boston, under the statute of one thous-
and eight hundred and thirty-three, chapter ninety-
five, and said lunatic is, or shall be supported at said
hospital, a right of action to recover the value of such
support, [and] of all necessaries furnished, shall accrue
to the trustees of said hospital against the city, town
or district in which said lunatic had a settlement, to
be commenced and prosecuted in the manner point-
ed out in the seventh section of the statute to w hich
Lunatic not bav- this is iu addition. And whenever any lunatic not
&c. shall be li'a- having a legal settlement in this Commonwealth

ble, &c. ° °

STATE LUNATIC HOSPITAL. April 7, 1835. 483

shall be supported at said hospital, he shall be per-
sonally liable to said trustees for all expenses incur-
red hy him at said hospital, in an action of assump-
sit, to be sued in the name of the treasurer thereof.
And it shall be the duty of any of the district attor-
nies of this Commonwealth to institute suits in their
respective districts for the recovery of such expen-
ses, whenever thereto requested by said trustees.

Sec. 3. Be it further enacted, That, if at any time if at any time
the lunatics in said hospital shall be so numerous trustees' shaii

111- have power, &c.

that they can no longer be accommodated therem,
and in the opinion of the trustees it is proper that
some of them should be removed therefrom, then
said trustees shall have power to remove to the jails
or houses of correction of the counties, respectively,
whence said lunatics came when committed to said
hospital, so many of said lunatics as may be neces-
sary in order to provide suitably for the remainder.
And the keepers of the jails or houses of correction. Keepers ofjaiis

. . Ill • • 1 • ^° receive said

m the said counties, shall receive said lunatics so lunatics.
removed ; and the certificate of a majority of said
trustees, under their hands and seals, shall be their
warrant therefor. And after said lunatics have
been so removed, they shall be subject to the order
and direction of the mayor and aldermen of the city
of Boston, the selectmen of the town of JNantucket,
and the county commissioners of the several coun-
ties, respectively. And in making selections among shaii select for-
the lunatics for removal, the trustees shall, in all cluzens.''^ ""^^
cases, when other circumstances are equal, select
foreigners before citizens, and among citizens, those
who, in their opinion, are least susceptible of im-
provement by remaining at the hospital.

Sec. 4. Be it further enacted, That, for the pur- if lunatic have,

. '^ &c. shall have

pose or reimbursement of any expenses incurred by remedy, &c.

484 STATE LUNATIC HOSPITAL. April 7, 1835.

the city of Boston, the town of Nantucket, or by any
county in this Commonwealth, for the support of any
lunatic removed, as in the preceding section is pro-
vided, the said city, town and counties respectively,
if said lunatic so removed have any legal settlement
in this Commonwealth, shall have the same remedy
against the city, town or district, in which said set-
tlement is, as one town now by law has against an-
other town, to recover the expenses of supporting a
pauper, and said remedy shall also be subject to the
If lunatic have samc couditious and limitations. And if said lunatic

no legal selile-

mem, city of havc uo legal Settlement in this Commonwealth, then

Do^ton, &c. may > i • r n r -\r

recover. said City of Bostou, towu of Nautuckct, and counties

respectively, having incurred expense for the support
of said lunatic, may recover the same against him,
his executors or administrators, in an action of as-
sumpsit. And said actions, whether instituted against
the lunatic himself or his personal representatives, or
against the city, town or district, in which he had a
legal settlement, shall be brought in the name of the
treasurer of said city of Boston, town of Nantucket,

If said city, &c. or countics respectively. And if said city, town and

cannot recover, i ^ j '

shall be indem- countics, cauHot I'ecover as aforesaid, where the lu-

nihed by the _ _ ' _

commonweaiih. natic lias uo legal settlement within this Common-
wealth, then said city, town and counties, shall be
indemnified by the Commonwealth.

[Approved by the Lieut. Governor, April 7, 1835.]

REELING OF SILK. April 7, 1835. 485

CHAP. CXXX.

An Act to encourage the Reeling and Throwing of

Silk.

Sec. 1. oE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That any person who Bounty for reei-
shall reel or cause to be reeled, or throw or cause
to be thrown, in this Commonwealth, from cocoons,
produced from silk worms raised in this Common-
wealth, merchantable silk capable of being manu-
factured into the various silk fabrics, shall receive, in
the manner hereinafter provided, fifty cents for every
pound of silk reeled or thrown as aforesaid.

Sec. 2. Be it further enacted. That any two Justices of the

, , , nil peace to exam-

justices or the peace, when called on by any person me claim, and

... , II- r T give certificate,

claimmg any bounty under this act, lor reehng or &c.
throwing silk within their county, shall carefully ex-
amine such claim, and upon satisfactory proof by
oath or affirmation that the same is well founded,
shall give a certificate thereof under their hands,
stating the method by which said silk has been reel-
ed or thrown, the number of pounds, and that the
claimant is entitled to the bounty provided in this
act ; and upon filing such certificate in the office of
the secretary of this Commonwealth, the governor,
with advice of the council, is authorized to draw his
warrant upon the treasurer therefor in favor of such
person.

Sec. 3. Be it further enacted, That if any person Penalty for ob-
shall claim a bounty more than oace for the same byTaud."""^
62

486 TAUNTON B. R. R. CORP. April 7, 1835.

silk so reeled or thrown, or obtain any bounty under
this act through fraud or deception, such person
shall forfeit to the use of the Commonwealth, a sum
not less than twenty, nor more than one hundred
dollars, in addition to the amount of any bounty he
may have received, to be recovered by indictment in
any court proper to try the same.
Act, when to take Sec. 4. Be it further enacted, That this act shall

effect. . . .

take effect in thirty days from the time of passing
the same, and shall continue in force for the term of
two years.

[Approved by the Lieut. Governor, April 7, 1835.]

CHAP. CXXXI.

An Act to establish the Taunton Branch Rail-Road
Corporation.

Sec. 1. J3E it enacted by the Senate and House
of Representatives, in General Court assembled, and
Persons incorpc j^y ^/^g authority of the same, That William A. Crock-
er, Charles Richmond, Samuel L. Crocker, and Dan-
iel Brewer, their associates, successors and assigns,
be, and they hereby are made a corporation by the
name of the "Taunton Branch Rail-road Corpora-
tion," with all the powers and privileges, and subject
to all the liabilities prescribed in the statute of
eighteen hundred and thirty-three, chapter eighty-
three, entitled "an act concerning corporations,"
and in the statute of one thousand eight hundred
and thirty-three, >chapter one hundred and eighty-

TAUNTON B. R. R. CORP. April 7, 1835. 487

seven, entitled, "an act for defining the rights and
duties of rail-road corporations in certain cases",
except the seventh section thereof and the said cor- Authorized to lo-

t _ caie and con-

poration are hereby authorized and empowered to *""^' raii-road.
locate and construct a rail-road from Taunton, in the
county of Bristol, to Mansfield in said county, and
at Mansfield to form a junction with the Boston and
Providence rail-road ; the proposed road commenc- Location of thei

... . route.

ing and pursuing the course following, viz: begin-
ning at station number eleven hundred and seventy-
one, on said Boston and Providence rail-road in
Mansfield, near the dwelling-house of Widow Wil-
liams, thence turning towards the east by a curve of
eleven hundred and twenty-six feet radius, for
twelve hundred and fifty feet, thence running in a
straight line to Taunton, passing on the way, about
six hundred and fifty feet east of Mansfield meeting-
house, about one and one eighth of a mile east of
Norton meeting-house, and so continuing in a direct
line to the lot in Taunton opposite N. R. Shaw's
store, which is about twenty-one hundred feet from
" Taunton Green : " provided^ however, that the said Proviso.
corporation, if they so elect, shall have the right of
locating, and constructing said rail-road or any part
thereof, at a distance not exceeding three hundred
feet westerly of the above described line, the consent to obtain con-
of the selectmen of the towns through which said men, &c.
rail-road shall pass, and the consent of the owners ol
the lands over which the same shall pass being first
obtained ; and may join the Boston and Providence
rail-road, at the western proposed depot thereof in
said Mansfield, the consent of the selectmen of Mans-
field, and the consent of the owners of the lands over
which the said rail-road would then pass being first
obtained. And the said corporation are authorized

488 TAUNTON B. R. R. CORP. April 7, 1835.

to lay out their road not exceeding five rods wide
through the whole extent.

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

stock of said corporation shall consist of fifteen hun-
dred shares, of one hundred dollars each, and the im-
mediate 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.

Powers of the Sec. 3. Be it further enacted. That the presi-

president, &c. _ ^ ^ / ^

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 and
constructing said rail-road, and for the transport-
ation of persons, goods and merchandize, and all
such other powers and authority for the manage-
ment of the affairs of the corporation, not heretofore
granted, as may be necessary and proper to carry
into effect the objects of this grant, to purchase and
hold lands, materials, engines, cars, and other neces-
sary things, in the name of the corporation, for the
use of said road, and for the transportation of per-
sons, goods and merchandize, to make such equal
assessments, from time to time, on all the shares in
said corporation, as they may deem expedient and
necessary, and direct the same to be paid to the
Treasurer to give treasurer of the corporation. And the treasurer shall

notice, &c. . • r- n i i •

give notice of all such assessments, and in case any
subscriber or stockholder shall neglect to pay his as-
sessment, for the space of thirty days after due no-
tice by the treasurer of said corporation, the direc-
tors may order the treasurer to sell such share or
shares at public auction, after giving due notice
thereof, to the highest bidder, and the same shall be
transferred to the purchaser, and such delinquent

TAUNTON B. R. R. CORP. April 7, 1835. 489

subscriber or stockholder shall be held accountable
to the corporation for the balance, if his share or
shares shall sell for less than the assessment due,
with interest, and the costs of sale ; and after paying
the same, shall be entitled to the overplus, if any
remain : provided, that no assessment shall be laid
upon any shares in said corporation of a greater
amount in the whole than one hundred dollars on
each share.

Sec. 4. Be it further enacted, That a toll be, Toils, &c,
and is hereby granted and established for the sole
benefit of said corporation, upon all passengers and
property of all descriptions, which may be conveyed
or transported upon said road, at such rates as may
be established, from time to time, by the directors
of said corporation. And the transportation of Transportation

^ J^ of persons, &c.

persons and property, the construction of wheels,
the form of cars and carriages, the weight of loads,
and all other matters and things in relation to the
use of said road, shall be in conformity to such
rules, regulations, and provisions, as the directors
shall, from time to time, prescribe and direct ; and
said road may be used by any person or persons,
corporation or corporations, who shall comply with
such rules and regulations : provided, Iioivever, that. Proviso.
if at the expiration of ten years from and after the
time of the completion of said road, the net income
or receipts from tolls and other profits, taking the
ten years aforesaid for the basis of calculation, shall
have amounted to more than ten per cent, per an-
num upon the capital stock paid in, 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

490 TAUNTON B. R. R. CORP. April 7, 1835.

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 capital stock paid, as aforesaid,
without the consent of said corporation.
Directors author- ggc. 5. Be it further enacted, That the directors

ized to erect toll ^

houses, &c. 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.

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

guardianship. , •, , r • i

lands or other property oi any married woman, m-
fant, or person under guardianship, shall be necessarily
taken 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 estate, taken and appropriated as afore-
said, as they might do, if the same were holden by
them, in their own right respectively: and the com-
pensation received for damages to the land or estate
of such married woman shall be secured to her own
separate use.
Corporation to Sec. 7. Bc it furthcr enuctcd. That if any per-
agestoroad,&c. 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 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 as-
sisting, aiding or abetting such trespass, shall forfeit
and pay to said corporation for every such offence,
treble such damages as shall be proved before the

TAUNTON B. R. R. CORP. Apnl 7, 1835. 491

justice, court, or jury, before whom the trial shall be
had, to be sued for and recovered, before any justice
or any court proper to try the same, by the treasurer
of the corporation, or other officer whom they may
direct, to the use of said corporation, and such of-
fender or offenders shall be liable to indictment
by the grand inquest for the county within which
such trespass shall have been committed, for any of-
fence 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 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. 8. Be it further enacted, That, at all meet- votes of proprie.
ings of said corporation, each proprietor shall be en-
titled to as many votes as he holds shares : provided,
that no vote shall be given by any proprietor by
virtue of any shares held by him, exceeding one
tenth part of the whole number of shares.

Sec. 9. Be it further enacted, That if the said "Kad^&r''
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 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 said rail-road shall,
in the course thereof, cross any highway, or town-
way, the said rail-road shall be so constructed as not
to impede or obstruct the safe and convenient use of Power to raise or
such highway or town way. And the said corporation ^c^ '^ '^^^'

492 TAUNTON B. R. R. CORP. April 7, 1835.

shall have the power to raise or lower such highway,
townway, or private way, so that the said rail -road
may conveniently pass the same, and if the said cor-
poration shall raise or lower any such highway, town-
way, or private way, and shall not so raise or lower
the same as to be satisfactory to the selectmen of the
town in which said way may be situate, said select-
men may require in writing of said corporation such
alteration or amendment as they may think necessary;
and if the required alteration or amendment be rea-
sonable and proper, and the said corporation shall un-
necessarily and unreasonably neglect to make the
same, if ordered so to do by the county commissioners
of the county of Bristol, and not otherwise, such select-
men may proceed to make such alteration or amend-
ment, and may institute and prosecute to final judg-
ment and execution, in any court proper to try the
same, any action of the case against said corpora-
tion, and shall there recover a reasonable indemni-
ty in damage for all charges, disbursements, labor
and services, occasioned by making such alteration
or amendment, with costs of suit.
Power of the Sec. 10. Be it further eiiucted, That, it shall be

Commonweallh. . . r- ^ i r i /-^

m the power or the government oi the Common-
wealth, at any time during the continuance of the
charter hereby granted, after twenty years from
the opening of said rail-road for use, to purchase
of the said corporation the said rail-road, and all
the franchise, property, rights and privileges of the
said corporation, by paying therefor such sum as will
reimburse the said corporation for the amount of cap-
ital paid in, with a net profit thereon of ten per cent,
per annum, from the time of the payment thereof,
by the stockholders, to the time of such purchase,
and no more ; and it shall be the duty of the direct-

TAUNTON B. R. R. CORP. Jpril 7, 1835. 493

ors of said corporation, from year to year, to make a To report to the

i ' -^ •' ^ legislature, &c.

report to the legislature under oath of their acts and
doings, receipts and expenditures, under the provis-
ions of this act, and their books shall at all times be
open to the inspection of any committee of the leg-
islature appointed for that purpose ; and if such cor-
poration 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 Penalty,
neglect or refusal they shall forfeit and pay to the
use of the Commonwealth a sum not exceeding five
thousand dollars, to be recovered by action or indict-
ment in any court of competent jurisdiction.

Sec. 11. Be it further enacted, That, if the Time allowed for

•^^ ^ compleliDg rail-

amount of stock of said rail-road shall not have been road.

subscribed, the corporation organized, and the loca-
tion of the road filed with the county commission-
e.rs of the county in which the land proposed to be
taken for said rail-road is situate, previous to the
first day of January in the year of our Lord one
thousand eight hundred and thirty-six, or if the said
corporation shall fail to complete the said road on
or before the first day of March in the year of our
Lord one thousand eight hundred and thirty-seven,
this act shall be null and void.

Sec. 12. Be it further enacted, That the said Authorized to

•^ _ _ enter road, &c.

corporation are hereby authorized to enter with their
rail-road on either of such points of the Boston and
Providence rail-road as is designated by the first sec-
tion of this act, 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, complying with such
rules and regulations as may be established by said
Boston and Providence rail-road corporation, by vir-
tue of the fifth section of their act of incorporation :

494 TAUNTON B. R. R. CORP. April 7, 1835.

?o"rp^or°/iion as P^^vidcd, kowevcr, that it shall be the duty of the
ouT&c'"'" corporation hereby created to enter the said Boston
and Providence rail-road by such proper turn-outs or
switches, as will not unreasonably incommode the
travel upon the said Boston and Providence rail-road,
and to leave them in such a state as not to interfere
with the free use of said road, and to pay all ex-
penses incident to, and in consequence of any al-
terations necessary in said Boston and Providence
rail-road to enable them to enter upon it in a proper
manner.
To keep bridges, Sec. 13. Be it further cnacted. That said corpo-

&c. HI good . '^ ... .

repair. ratiou 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 anv private way, or for conducting
such private way, turnpike, or other highway over
said rail-road.

Powers and lia- Sec. 14. Be it further enacted^ That if the said

bilitiestobe i t* i i i • i ii

transferred, in Bostou and Providcuce rail-road corporation shall

case Boston and i i -i i

Prov. Rail-road votc to locatc, coustruct, and complete the rail-road

Corp. shall vole i • i •-, -, -, , • i i

to locate, &c. herein described, and shall make a contract with the
corporation hereby created, as herein after mention-
ed, then the powers and liabilities of the corporation
hereby created shall be transferred to the said Bos-
ton and Providence rail-road corporation : jy/*ot"/f/c(/,
that the said Boston and Providence rail-road corpo-
ration shall, within sixty days, from and after the
passage of this act, give written notice of such vote
to the corporation, hereby created, and shall also,
within thirty days from the time of such notice, make
a written contract with said last named corporation,
that the said Boston and Providence rail-road corpo-
ration will, within one year from the date of said con-

PATUCKET CANAL. April!, IS35. 495

tract, locate, construct and complete the said rail-
road herein described.

[Approved by the Lieut. Governor, April 7, 1835.]

CHAP, cxxxn.

An Act to regulate the Toll on Patucket Canal.

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 Rates of ToIi.
the passing of this act, the following rates of toll
shall be allowed to the proprietors of the locks and
canals on Merrimack river, for passing their locks,
canals, and passage ways, at Patucket Falls: — on
salt, lime, plaster, bar iron, pig iron, iron castings,
anthracite coal, stone and hay, eight cents per ton of
twenty-two hundred and forty pounds ; on bitumin-
ous coal, twelve cents per chaldron of thirty-six
bushels ; on bricks, sixteen cents per thousand ; on
manure, fifty cents per boat load ; on oak timber,
thirty-five cents per ton of forty cubic feet ,• on pine
timber, twenty-five cents per ton of forty cubic feet ;
on spars, thirty cents per ton of forty cubic feet ; on
pine plank and boards, thirty cents per thousand,
board measure; on oak plank and boards, sixty cents
per thousand, board measure ; on ash, and other hard
stuff, forty cents per thousand, board measure ; on
posts and rails, fifteen cents per hundred ; on tree-
nails, thirty cents per thousand; on hop-poles, twen-
ty cents per thousand ; on hard wood, twenty cents

496 PATUCKET CANAL. April 7, 1835.

Rates of Toll, per cord ; on pine wood, sixteen cents per cord; on
bark, twenty cents per cord ; on white oak pipe
staves, one dollar per thousand ; on red oak pipe
staves, sixty-seven cents per thousand; on white oak
hogshead staves, sixty cents per thousand ; on red
oak hogshead staves, forty cents per thousand ; on
white oak barrel staves, thirty cents per thousand ;
on red oak barrel staves, twenty cents per thousand ;
on hogshead hoops, sixteen cents per thousand ; on
barrel hoops, twelve cents per thousand ; on hogs-
head hoop-polls, thirty cents per thousand ; on bar-
rel hoop-polls, twenty cents per thousand; on all ar-
ticles of merchandize not enumerated, ten cents per
ton of twenty -two hundred and forty pounds : pro-
vided, that the rates of toll aforesaid shall be sub-
ject to the direction of the legislature, after the ex-
piration of ten years from the passing of this act.

Width of tow Sec. 2. Be it further enacted, That the said

^^ ' proprietors shall construct and maintain a sufficient

horse tow path, of not less than ten feet wide, from
the Suffolk or Western Canal, to the bridge near the
head of the Patucket Canal, and also two free land-
ing places, the one above, and the other below the
swamp locks, to be approved by the selectmen of
the town of Lowell.

Half Toll. Sec. 3. Be it further enacted, That on all arti-

cles that shall pass through one or more locks, not
exceeding three, one-half of the above rates of toll
shall be allowed, and no more.

Grants, &c. con- Sec. 4. Be it fui'thcr cnttcted, That all the grants,
rights and franchises now enjoyed by the said pro-
prietors, and their doings under the same be, and

Proviso. they hereby are confirmed : provided, however, that

nothing herein contained shall debar any person or
corporation injuriously affected by the erection of

GUARDIANS OF MINORS. Aprill, 1835. 497

the dam at Patucket Falls from maintaining their
action at law or suit in equity against said proprie-
tors.

Sec. 5. Be it further enacted. That all acts Previous acu re-

♦^ _ pealed.

heretofore passed, regulating the tolls to be taken at
Patucket, be, and the same hereby are repealed.

[Approved by the Lieut. Governor, April 7, 1835.]

CHAP. CXXXIII.

An Act in addition to "An Act limiting the liabilities
of sureties in Bonds given by Guardians of Minors."

J>E it enacted by the Senate and House
of Represetitatives, in General Court assembled, and
by the authority of the same, That no person or per- sureties on guar-

, , , 1 r 1 • 1 r dian's bonds.

sons, who have or who may hereaiter have a right oi
action against the surety or sureties in any bond giv-
en by the guardian of any minor before the passage
of the act to which this is in addition, shall be bar-
red of the same by the lapse of time, until the expi-
ration of four years from the passage of said act, and
from the time such minor shall arrive at the age of
twenty-one years, if then within the Commonwealth,
or if then without the Commonwealth, until the ex-
piration of four years from the passage of said act,
and from the time such minor shall return within the
Commonwealth, any thing in the act to which this
is in addition to the contrary notwithstanding.

[Approved by the Lieut. Governor, April 7, 1835.]

498 A. & W. RAIL-ROAD CORP. April 7, 1835.

CHAP. CXXXIV.

An Act in addition to " An Act to establish the An-
dover and Wilmington Rail-Road Corporation."

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

of Representatives, in General Court assembled, and

*^owered''to coTi- ^V ^^^ ciutkority of the same, That the Andover and

^Vetea^raiUr^ad Wilmington Rail-Road Corporation are hereby au-

^^- thorized and empowered to construct and complete

a rail-road from the south parish in Andover, to the

central village in Haverhill, or [on] either of the routes

designated on the plan presented by the petitioners

for said road, now on the files of the legislature ; the

first of said routes at station number one, on the

Location of the road ucar the meeting-house of said parish, thence

hrst route, &c. ~ ^

north forty-six degrees east, eight hundred feet,
thence north forty degrees east, one hundred feet,
thence north thirty-one degrees thirty minutes east,
one hundred feet, thence north twenty-two degrees
thirty minutes east, one hundred feet, thence north
twenty degrees east, twenty-one hundred feet, thence
north eighteen degrees east, thirty-two hundred
feet, thence north ten degrees east, one hundred
feet, thence north two degrees east, eight hundred
feet, thence north five degrees west, twenty-two hun-
dred feet, thence north five degrees thirty minutes
east, sixteen hundred feet, thence north seven de-
grees thirty minutes west, eighteen hundred feet,
thence north thirteen degrees, thirty minutes west,
twenty-four hundred feet, thence north eleven de-
grees thirty minutes west, eighteen hundred feet.

A. & W. RAIL-ROAD CORP. April 7, 1835. 499

thence north thirty mmutes west, one thousand feet, Location of the

"^ , , route, &c.

thence north four degrees thirty minutes east, two
hundred feet, thence north fourteen degrees thirty
minutes east, one hundred feet, thence north twenty-
four degrees thirty minutes east, one hundred feet,
thence north thirty degrees thirty minutes east,
thirteen hundred feet, thence north thirty-seven de-
grees thirty minutes east, nine hundred feet, thence
north twenty-seven degrees thirty minutes east, one
hundred feet, thence north seventeen degrees thirty
minutes east, three hundred feet, thence north seven
degrees thirty minutes east, one hundred feet, thence
north two degrees thirty minutes east, two hundred
feet, thence north two degrees thirty minutes west,
five hundred feet, thence north eight degrees thirty
minutes west, eight hundred feet, thence north seven
degrees thirty minutes west, two . hundred feet,
thence north five degrees thirty minutes west, five
hundred feet, thence north seven degrees thirty
minutes west, eight hundred feet, thence north nine
degrees west, two hundred feet, thence north eleven
degrees west five hundred feet, thence north five
degrees west, four hundred feet, thence north one
degree west, one hundred feet, thence north four
degrees thirty minutes east, two hundred fee-t, thence
north ten degrees thirty minutes east, one hundred
feet, thence north sixteen degrees thirty minutes
east, two hundred feet, thence north twenty degrees
thirty minutes east, two hundred feet, thence north
twenty-nine degrees thirty minutes east, two hun-
dred feet, thence north thirty-two degrees thirty
minutes east, one hundred feet, thence north thirty-
six degrees fifteen minutes east, nine hundred feet,
thence north thirty-nine degrees thirty minutes east,
thirteen hundred feet, thence north forty-four degrees

500 A. & W. RAIL-ROAD CORP. April 7, 1835.

Location of the east, five hundred feet, thence north thirty-four de-
route, &c. . . '^

grees thirty minutes east, three hundred feet, thence
north thirty-one degrees thirty minutes east, five
hundred feet, thence north twenty-seven degrees
thirty minutes east, two hundred feet, thence north
twenty-two degrees thirty minutes east, two hun-
dred feet, thence north twenty-nine degrees thirty
minutes east, four hundred feet, thence north thirty-
nine degrees thirty minutes east, three hundred feet,
thence north forty-three degrees thirty minutes east,
fourteen hundred feet, thence north thirty-seven de-
grees thirty minutes east, one hundred feet, thence
north thirty-two degrees thirty minutes east, four
hundred feet, thence north twenty-nine degrees
thirty minutes east, eight hundred feet, thence north
thirty-five degrees thirty minutes east, four hundred
feet, thence north thirty-two degrees thirty minutes
east, one hundred feet, thence north thirty degrees
thirty minutes east, two hundred feet, thence north
twenty-five degrees thirty minutes east, one hundred
feet, thence north seventeen degrees thirty minutes
east, one hundred feet, thence north nine degrees
thirty minutes east, one hundred feet, thence north
thirty minutes west, one hundred feet, thence north
six degrees thirty minutes west, two hundred feet,
thence north three degrees thirty minutes west, six
hundred feet, thence north eight degrees thirty min-
utes west, six hundred feet, thence north two de-
grees thirty minutes west, one hmidred feet, thence
north seven degrees thirty minutes east, one hundred
feet, thence north seventeen degrees thirty minutes
east, one hundred feet, thence north twenty-seven
degrees thirty minutes east, one hundred feet, thence
north thirty-seven degrees thirty minutes east, five
hundred feet, thence north forty-two degrees thirty

A. & W. RAIL-ROAD CORP. April 7, 1835. 601

minutes east, one hundred feet, thence north fifty Location of the

' ' -^ route, &c.

degrees thirty minutes east, eleven hundred feet,
thence north forty-five degrees thirty minutes east,
one hundred feet, thence north thirty-seven degrees
thirty miimtes east, one hundred feet, thence north
thirty degrees thirty minutes east, one hundred feet,
thence north tv^^enty-three degrees east, seventeen
hundred feet, thence north thirty-one degrees thirty
minutes east, one hundred feet, thence north thirty-
nine degrees thirty minutes east, one hundred feet,
thence north forty-six degrees thirty minutes east,
one hundred feet, thence north fifty-one degrees
thirty minutes east, eight hundred feet, thence north
forty-seven degrees thirty minutes east, seven hun-
dred feet, thence north forty-six degrees east, thir-
teen hundred feet, thence north forty-two degrees
thirty minutes east, six hundred feet, thence north
forty-nine degrees thirty minutes east, one hundred
feet, thence north fifty-six degrees thirty minutes
east, four hundred feet, thence north fifty-eight de-
grees thirty minutes east, three hundred feet, thence
north forty-eight degrees thirty minutes east, seven
hundred feet, thence north forty degrees east, two
hundred feet, thence north thirty-seven degrees
thirty minutes east, seven hundred feet, thence
north forty-two degrees thirty minutes east, five
hundred feet, thence north forty-six degrees thirty
minutes east, five hundred feet, thence north fifty-
three degrees thirty minutes east, eighteen hundred
feet, thence north fifty-nine degrees east, two hun-
dred feet, thence north sixty-six-degrees thirty min-
utes east, seven hundred feet, thence north sixty-
nine degrees east, one hundred feet, thence north
seventy-two degrees thirty minutes east, twelve
hundred and fifteen feet ; the other route commenc-

502

A. & W. RAIL-ROAD CORP. April 7, 1835.

Powers, 6ic.

Direction of th« ing at the same point, and taking a more easterly

other route. P ^ . ^ .

direction, passing through the central point of the
north parish in Andover, and intersecting the first
route at station two hundred and thirty, on the bank
of the Merrimack river, as designated on the plan
before referred to, with liberty to make such varia-
tions as may be necessary and proper to form the
requisite curves in said road, and, on obtaining the
consent of the owners of the land, and of the select-
men of the towns through which said road passes,
to make such other variations in the line of said road
as may be deemed necessary. And the said corpo-
ration are authorized to lay out their road at least
four rods wide through the whole length, and as
much wider as may be necessary to form the proper
slopes of the embankments and cuttings.

Sec. 2. Be it further enacted, That said rail-
road corporation shall have all the powers and privi-
leges, and be subject to all the duties, and the Com-
monwealth shall have all the rights, in respect to the
road hereby authorized to be made, which exist in
the act to which this act is in addition : provided,
however, said corporation shall not have authority to
take land unless by consent of the owner without
the limits of the location of said road, for the purpose
of procuring materials for the construction of the
same. And all damages paid for lands belonging to
any married woman shall enure to her sole use.
And it shall be in the power of the Commonwealth
at any time during the continuance of the charter
hereby granted, after the expiration of twenty years
from the opening of the said road for use, to pur-
chase of the said corporation the said rail-road, and
all the franchise, property, rights and privileges of
the said corporation, by paying therefor such sum or

Proviso.

Power of Com
monwealth to
purchase said
road, &c.

A. & W. RAIL-ROAD CORP. April 7, 1835. 503

sums as will reimburse the stockholders for the capi-
tal stock paid in, with a net profit thereon of ten
per cent, per annum, from the time of the payment
thereof by said stockholders, to the time of such
purchase, and no more.

Sec. 3. Be it further enacted, That for the corporation au-

. • 1 1 • 1 • ihorizcd by vote,

purpose of constructme; said road, said corporation to increase

, , , . , , their capital

are hereby authorized, and empowered, by vote of stock, &c.
the stockholders at a meeting specially notified for
the purpose, to increase their capital stock by the
creation of an additional number of shares to be as-
sessed the same amount as the shares which are
already created by their act of incorporation : pro-
vided, that the additional number of shares so to be
created shall not exceed two thousand, and the pro-
prietors of the shares already created for the time
being shall have the option of subscribing to the
said additional shares in proportion to the amount
which they may hold respectively of the said origi-
nal shares.

Sec. 4. Be it further enacted. That, if the Time to finish

*^ . ' ' railroad.

additional stock granted by this act shall not have
been subscribed, and the location of the road
hereby granted, filed with the county commissioners
for the county of Essex, previous to the first day
of February, in the year of our Lord eighteen
hundred and thirty-seven, or ' if said corporation
shall fail to complete said rail-road by the first day
of December, in the year of our Lord eighteen
hundred and thirty-nine, in either case so much of
this act as regards the road hereby granted shall be
null and void.

Sec 5. Be it further enacted, That any rail- Any other incor-
road company which may be incorporated, may be company may^*^
authorized to enter with their rail-road at any point roi^E.^ *"

604 A. & W. RAIL-ROAD CORP. April 7, 1836.

of the road hereby granted, paying for the right to
use the same, or any part thereof, such rate of toll,
and complying with such rules and regulations as
may be established by this corporation, by virtue of
the fourth section of the act to which this is in ad-
dition.
?hZhedlTme\' Sec. 6. Be it further enacted, That said corpo-
rommfcoTrs^ fatiou are hereby authorized to file with the county
new iocation,&c. commissioncrs for the counties within which the
land proposed to be taken is situate, a new location
of such parts of the road granted by the act to which
this in addition as they may deem necessary: provid-
ed, the same be done with the consent of the select-
men of the towns in which the land proposed to be
taken is situate before the first day of January next :
and provided, also, that if said corporation shall file a
new location, it shall not be lawful for said corpora-
tion to take stone, gravel or other materials for the
construction of said road without the limits of the
lines of their road location, unless by the consent of
the owner of such land or materials ; and the said
Time allowed corporatiou shall be allowed the further time of two
road!""^ ^ "^ years from the first day of January in the year of
our Lord one thousand eight hundred and thirty-six,
to complete said road.

[Approved by the Lieut. Governor, April 7, 1835.]

ELECTIONS. April 8, 1835. 505

CHAP. CXXXV.

An Act in addition to "An Act to regulate 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 every person penalty for act-
hereafter elected to the office of selectman of any fofe sworn/
town or district in this Commonwealth, who shall en-
ter on the performance of the duties of his said office,
before taking the oath or affirmation required by the
second section of the statute of one thousand eight
hundred and thirty-three, chapter one hundred and
forty-one, to which this act is in addition, shall for-
feit and pay a sum not exceeding eighty dollars, and
not less than forty dollars, for each offence, to be re-
covered by indictment in any court competent to try
the same, or by action of debt at the suit of any
person who may sue for the same.

[Approved by the Lieut. Governor, April 8, 1835.]

506 DESTRUCTION OF BIRDS. April 8, 1835.

CHAP. CXXXVI.

An Act to prevent the destruction of certain Birds.

Sec. 1. x>E it enacted by the Senate and House
of Representatives, in General Court assembled, and
Penalty. f^y ^^g authority of the same, That hereafter it shall

not be lawful for any person to take, confine, kill, or
destroy, any of the birds called plover, curlew, dough
bird, or chicken-bird, at any period from the twen-
tieth day of April, to the first day of September,
in every year, between the setting of the sun, and
one hour before the rising of the same ; and if any
person shall take, confine, kill, or destroy, any of the
birds aforesaid, within the time limited as aforesaid,
he shall forfeit and pay, for each and every plover,
curlew, dough-bird, or chicken-bird, so taken, con-
Forfeiture to be fined, killed, or destroyed, the sum of one dollar; the

recovered in an -^

action of debt, forfeiture aforesaid to be recovered in an action of
debt, before any court having jurisdiction of the
amount demanded, by any person, to his own use,
who shall sue for the same, within one year from the
time the offence was committed ; or said forfeiture
may be recovered by complaint before any justice of
the peace, in the name of the Commonwealth, to the
use of the county where the prosecution may take
place; and on failure to pay such forfeiture and costs
on conviction, the offender shall be committed to
prison for a term not less than five, nor more than
twenty days.

Implements to be Sec. 2. Be it further enacted. That no person or

used in killing ^ . ^ r ^

wild game. persous shall at any time kill or destroy any of the
birds described in the preceding section, by the use
of any other means or implements than such as are

FISH IN CONN. RIVER. April 8, 1835. 607

usually employed in fowling or killing wild game,
and that every person offending herein, shall, for
every such offence, be subject to the like forfeitures
and penalties as are herein before provided, to be
sued for and recovered in like manner, and to the
uses as aforesaid.

[Approved by the Lieut. Governor, April 8, 1835.]

CHAP. CXXXVII.

An Act to repeal "An Act to regulate the taking of
Fish in Connecticut River."

JJE it enacted hy the Senate and House
of Representatives, in General Court assembled, and
hy the authority of the same, That a statute of the Act repealed,
year one thousand eight hundred and twelve, chap-
ter one hundred and three, entitled "An Act to reg-
ulate the taking of Fish in Connecticut River," be,
and the same is hereby repealed.

[Approved by the Lieut. Governor, April 8, 1835.]

CHAP. CXXXVIIl.

An Act to provide for the Distribution of the Income
of the Massachusetts School Fund.

Sec. 1. JlJE it enacted hy the Senate and House
of Representatives, in General Court assembled, and
hy the authority of the same, That the school returns when to make
from the city of Boston and the several towns and '^^'"'■"^•
districts in the Commonwealth, provided to be made

508

MASS. SCHOOL FUND.

April S,1S35.

Form of returns.

by the statute of one thousand eight hundred and
twenty-six, chapter one hundred and forty-three,
shall hereafter be made to the secretary of the Com-
monwealth, on or before the first day of November,
in each year, and said returns shall be in the form
following, to wit :

o
o

CO
^0

•ujiji|iuoo
puG ozig sji— asnoH looiiog

■2 .

B
S

Wages in Money exclusive of
Board.

4 "^
1 i

1 B

'E
ll

O '•^

1 a"'

3
CO

Children not at-
tending common
.Schools any por-
tion of the year,
from 4 to 16 years
of age.

i
i

M .
C m

•ao
II

rtOO

aoire
■puanBaSBiaAv

<
o

siaujsia i 1

MASS. SCHOOL FUND.

April 8, 1835.

509

< <

■^ s

^ffi

° ^

S?M

-a

Fonn of returns.

D (0

2 ^

o
o

■3

O 0) «

K -

5, -5

£ S .s -

2 >>

4) (Jj

3
-3

c^.

o
o

Q.
CO

"o
o

a
o

fc«

h-*

o
Q

D I. >—

^ ^ ^

610

MASS. SCHOOL FUND.

April 8, 1835.

When to appor-
tion.

Towns, &c. neg. And HO apportionment of the school fund, as herein-

lecting to return. •iiiiii

after provided, shall be made to any city, town, or
district, which shall have failed to make returns ac-
cording to law, for the year next preceding the time
of said apportionment.

Sec. 2. Be it further enacted, That the income
arising from the school fund established by the stat-
ute of one thousand eight hundred and thirty-four,
chapter one hundred and sixty-nine, shall be appor-
tioned by the secretary and treasurer of the Com-
monwealth, to the city of Boston, and the several
towns and districts in the Commonwealth, on the
first day of January, annually, in the following man-
ner, to wit: the said income shall be divided into
two equal parts, and one moiety thereof shall be ap-
portioned to the said city, and to the towns and
districts, on the ratio of population as determined by
the next preceding census of the United States; the
other moiety shall be apportioned on the ratio of the
amount of monies raised by taxation and expended
by each city, town, or district, for the support of
common schools, in the next preceding year, as by
the several school returns shall appear.

Sec. 3. Be it further enacted, That there be al-
lowed and paid to the commissioner of the Marsh-
pee Indians, on the first day of January of every
year, the sum of one hundred dollars out of the in-
come of the school fund, to be applied under the
direction of the said commissioner, to the support
of common schools among the said Indians.

Sec. 4. Be it further enacted, That the monies
apportioned, as herein provided, shall be paid by the
treasurer of the Commonwealth to the mayor and
aldermen of the city of Boston, and to the selectmen
of the several towns and districts respectively, and

Marshpee.

Monies appor-
tioned, shall be
paid, &c.

WOODEN BUILDINGS. April 8, 1836. 611

to the commissioner of the Marshpee Indians, and
that warrants be drawn therefor accordingly.

[Approved by the Lieut. Governor, April 8, 1836.]

CHAP. CXXXIX.

An Act for the further regulation of the erection of
Wooden Buildings in the City of Boston.

Sec. 1. HK it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That, from and after Height of wood-
the passing of this act, no wooden building of more ^° "' '"^^"
than sixteen feet in height, from the ground or foun-
dation thereof, shall be erected in the said city of
Boston, except under the following limitations and re-
strictions, namely : the dimensions of such building. Dimensions.
on the ground, not to exceed twenty-five feet by
fifty feet; or, being in any other proportion, not to
cover more than twelve hundred and fifty superficial
feet of land ; the walls not to exceed twenty feet in
height from the under side of the sills, which sills
may be three feet six inches above the level of the
street, to the eaves of the roof ; the roof in the high-
est point thereof not to rise more than thirty-two
feet from the under side of the sills aforesaid, and
there shall be at least one scuttle at or near the
highest point of said roof.

Sec. 2. Be it further enacted. That when two when two stories
or more such two story buildings as are provided for Sd'hy'^a wait

512 WOODEN BUILDINGS. April 8, 1835.

in this act, shall be erected in connection, or within
three feet of each other, or within three feet of any
other wooden building, more than sixteen feet in
height, there shall be an entire brick or stone wall
between them, commencing from the foundation of
said wall, and carried to the height of twelve feet
above the level of the street, at least twelve inches
in thickness, and the residue of said wall shall be of
at least eight inches in thickness, and in case any
openings are made through said walls, the same shall
be secured against fire by iron doors applied to such

Proviso. openings: provided, that such brick or stone walls

may be dispensed with by consent, in writing, of the
mayor and aldermen of the city of Boston, on what
are commonly called the neck lands, in said city :
provided, also, that nothing in this act shall in any
way affect that part of the said city called South
Boston, or repeal any of the provisions of the exist-
ing law relative to the erection of buildings in that
place : and, provided, further, that that part of the
said city of Boston, known by the name of East
Boston, shall be entitled to the same rights and priv-
ileges as to the erection of wooden buildings, which
now belong to that part of said city called South
Boston.

Penalty. Sec. 3. Be it further enacted, That, if any per-

son or persons shall violate the provisions of this act,
such person or persons, on conviction thereof, in any
court competent to try the same, shall forfeit and
pay for every such offence, a sum not less than fifty,
nor more than five hundred dollars, and shall be lia-
ble to a like prosecution and penalty for each and
every year after such conviction, until such building
or buildings, erected contrary to the provisions afore-
said, shall be removed or made to conform thereto ;

WOODEN BUILDINGS. April 8, 1835. 613

and the said penalties and forfeitures incurred by
virtue of this act may be recovered by indictment,
to the use of the city of Boston, or by an action of
debt in any court competent to try the same, one
half to the use of the person or persons who shall
sue therefor, and the residue to the use of the said
city.

Sec. 4. Be it further enacted, That it shall be Engineers to
the duty of the board of engineers of the said city,
to cause suits to be commenced without delay against
each and all who shall violate the provisions of this
act, and to prosecute the same to final judgment.

Sec. 5. Be it further enacted, That all acts and ah previous acts

/• . ■, • r 1 repealed, except-

parts or acts respectmg the erection or wooden ing, &c.
buildings in the city of Boston, excepting such only
as relate in any way to brick or stone buildings, be,
and the same are hereby repealed.

Sec. 6. Be it further enacted, That this act shall Acts when to be
not take effect until the same shall have been ap-
proved by the citizens of said city, at a legal meet-
ing thereof duly convened for that purpose, within
sixty days from the passage of this act.

[Approved by the Lieut. Governor, April 8, 1835.]

614 RIOTS. J;in7 8, 1835.

CHAP. CXL.

An Act more effectually to suppress Riots.

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

of Representatives, in General Court assembled, and

Mayor, &c. to jjy ^^g autlioritii of the same, That, if any persons to

command per- «/ if J ' ' j r

sons unlawfully ^[^q nufflbcr of twclvc or Hiore, being armed with

assembled todis- ' o

perse, &c. clubs, or Other dangerous weapons, or if any number
of persons, consisting of thirty or more, armed or not
armed, shall be unlawfully, routously, riotously, or
tumultuously assembled, in any city, town or district
in this Commonwealth, it shall be the duty of the
mayor of such city, and each of the aldermen there-
of, and of each of the selectmen of such town, or
district, and of each and every justice of the peace
living in said city, town or district, and of the sheriff
of the county or any or either of his deputies, forth-
with to go among said persons, so unlawfully assem-
bled, or as near to them as safely may be, and in the
name of the Commonwealth, to command them im-

To be seized, in mediately and peaceably to disperse ; and if the per-

case Ihey do not J L J r ^ i

disperse. gQus SO assembled do not immediately disperse, the

magistrates and officers aforesaid, are, and each of
them is, hereby authorized to seize the persons so
assembled, and to keep them in custody, to be pro-
ceeded against according to law ; and for this purpose
to command the aid and assistance of all and every

Persons refusing pcrsou thcrc prcscut I and any person there present,

to assist. &c. ,,. TIT 1 • i-r

who bemg commanded by such magistrate or omcer
to aid and assist in seizing said rioters, or to suppress
such riot, and unlawful assembly, and who shall re-
fuse or neglect to obey such command, or who being

RIOTS. ' April 8, 1836. 515

required by such magistrate or officer to depart from
the place of such tumultuous assembly, shall neglect
or refuse so to do, shall be deemed and taken to be
one of the rioters, and be liable to be prosecuted
accordingly.

Sec. 2. Be it further enacted, That it shall be the D"}y ff Mayor

<^ ^ and Aldermen,

duty of every mayor, and aldermen of any city, and &<;• i" case of an

•^ J J ' J J ' unlawful assem-

every justice of the peace, and selectmen of any town biage of persons,
or district, and the sheriff of the county or any or
either of his deputies, yv^henever any person shall be
unlawfully assembled in their respective cities, towns
or districts, as aforesaid, immediately to proceed to the
place of their assembling, or as near thereto as safely
may be, and to take such measures as are herein pro-
vided, to disperse such assembled persons ; and each Magistrates, &c.
and every of the aforesaid magistrates and officers, fine, for negii-
who knowing of such unlawful and tumultuous as-
sembly, shall neglect or refuse to proceed as afore-
said, or who shall wilfully or negligently omit to ex-
ercise the authority with which he is invested by this
act, shall be deemed guilty of a misdemeanor, and be
liable to pay a fine not exceeding three hundred dol-
lars for every offence, to be recovered by indictments
in any court competent to try the same.

Sec. 3. Be it further enacted, That, if any persons Persons refusing,
so assembled as aforesaid, after command given to disperse after

• T T 1 n r being warned.

them to disperse as above is provided, shall refuse or
neglect to disperse without unnecessary delay, any
two of the magistrates or officers aforesaid may re-
quire the aid of a sufficient number of persons in arms
or otherwise, and may proceed to take such mea-
sures as in the judgment of such two magistrates or
officers are expedient, to disperse said tumultuous
assembly, and to seize and secure the persons com-
posing the same ; and if any such persons, or any other

516 CREDITORS AND DEBTORS. Jpril 8, 1835.

persons then being present, as spectators or other-
wise, shall be killed or wounded by reason of the ef-
forts so made by direction of any such two magistrates
or officers, to disperse said assembly, and to seize the
persons composing the same, the said magistrates and
officers, and all persons acting by or under their or-
ders and directions, shall be held guiltless and justified
in law ; but if said magistrates and officers, or either
of them, or any persons acting under their orders
and directions, shall be killed or wounded, the said
persons so tumultuously and riotously assembled, shall
be held answerable therefor.

[Approved by the Lieut. Governor, April 8, 1835.]

CHAP. CXLI.

An Act in further addition to "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 pro-
cess of law.

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

of Representatives y in General Court assembled, and

Trustee process by the ttuthority of the same, That any trustee pro-
may be brought, , , , , . . , . .

&c. cess may be brought and mamtamed m the county

where the trustee shall reside, before any justice of
the peace or any police court, or before the justices'
court for the county of Suffi^lk, in all cases where
the sum demanded in damages against the principal
debtor shall not be more than twenty dollars, and

CREDITORS AND DEBTORS. April 8, 1835. 517

the several provisions contained in the act to which
this act is in addition, and in the several acts in ad-
dition thereto, in relation to process against trustees,
so far as the same are applicable to, and not incon-
sistent with, process before a justice of the peace,
shall be taken and held to apply to any trustee pro-
cess, and all proceedings thereon before a justice of
the peace, police court, or the justices court for the
county of Suffolk : and when any trustee process Forms, &c. to be

•^ _ '' varied as the case

shall be instituted before a justice of the peace, po- may require.
lice court, or justices court for the county of Suffolk,
the forms and proceedings, mentioned in the said
acts, shall be varied in such manner as the jurisdic-
tion of the case by a justice of the peace shall ren-
der necessary and proper : provided, that no person proviso,
shall be held to answer to any trustee process before
any justice of the peace, police court, or the justices
court for the city of Boston, unless the place ap-
pointed for the return and hearing of the same shall
be within the town or city where such person shall
reside.

Sec. 2. Be it further enacted, That where ac- Trustees fee for

^ . . ^ attending court.

tions are brought before a justice of the peace, or a
police court, or the justices court for the county of
Suffolk under this act, the trustee shall be allowed
thirty-three cents a day for his attendance, if he
appear and answer on the return day of the writ ;
and if he be charged, such reasonable sum as the jus-
tice shall order, and all other fees in the case shall
be the same as now provided by law in actions tria-
ble before a justice of the peace.

Sec. 3. Be it further enacted, That in the ac-
tions mentioned in the first section of the act to
which this is in addition ; and which may hereafter
be commenced against any body politic or corporate,

dl8 CHANGE OF NAMES. April 8, 1835.

the several provisions of said act, and of the several
acts in addition thereto, and of this act, shall be held
to apply in the same manner as if the words "other
than bodies politic and corporate" were not in said
section.

[Approved by the Lieut. Governor, April 8, 1835.]

CHAP. CXLII.

An Act to change the names of persons therein
mentioned.

Sec. 1. JjE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That Stephen Chase
names. of Boston, may take the name of Stephen Chase

folk. Bent ; that Julia Ann Chase, wife of said Stephen

Chase, may take the name of Julia Chase Bent ;
that Frederick Wentworth of Boston, may take the
name of Frederick Augustus Wentworth; that Epaf-
hias Kibby Brodhead of Boston, may take the name
of George Hamilton Brodhead; that Benjamin Cal-
lender of Boston, may take the name of Benjamin
Franklin Callender ; that John Chandler of Boston,
may take the name of John Green Chandler ; that
Godfrey Cady of Boston, may take the name of
William Godfrey Cady ; that James Leach, Jr. of
Boston, may take the name of James L. Duncan ;
that Jeremiah Fenno Holden of Boston, may take
the name of Edward Holden ; that Simon Rowland
Hart of Boston, may take the name of Rowland St.
Victor ; that Philip Page of Boston, may take the

CHANGE OF NAMES. April 8, 1835. 519

name of Philip Sidney Page; that Edward Augus- coumyofSuf-
tus Hayman Rogers of Boston, may take the name
of Edward Hayman Rogers; that John Boies Broad-
ers of Boston, may take the name of John Dudley
Richards ; that James Smith of Boston, may take
the name of James Wiggin Smith ; that Lydia
Sprague, daughter of Samuel Sprague of Boston,
may take the name of Mary Chadwick Sprague ;
that Benaiah Spaulding of Boston, may take the
name of Benaiah Prescott Spaulding ; that Fonzo
White of Boston, may take the name of William
Fonzo White ; that Alexander Mair of Boston, may
take the name of Alexander Mair Williams ; that
George Washington Gorton of Boston, may take the
name of George Washington Gorton Williams ; that
Samuel Whiting of Boston, may take the name of
Samuel Greenwood Whiting ; that Elisha E. Well-
man of Boston, may take the name of Samuel El-
lenwood Well man ; and that his adopted daughter
Sarah Jane Hamilton, may take the name of Sarah
Ann Wellman ; that Lyman Gaschall Reed of Bos-
ton, minor son of Thomas and Hannah Reed, may
take the name of Elisha Smith Reed ; that Isabella
Parker, a minor, daughter of Isaac Parker of Bos-
ton, may take the name of Isabella Graham Par-
ker ; and that Henry Parker, a minor son of said
Isaac Parker, may take the name of Henry Mel-
ville Parker; that Hartford Olney Claflin of Bos-
ton, may take the name of Henry Claflin ; that
John Holker Welch, a minor son of Francis Welch
of Boston, may take the name of Edward Holk-
er Welch ; that John Boyd Wallace of Boston, a
minor, may take the name of John Wallace Boyd;
that Alfred Bertenshaw of Boston, may take the
name of Alfred B. Shaw; that Abigail Howe of Bos-

520 ' CHANGE OF NAMES. April S,ISS5.

County of Suf. toii, a minoF, may take the name of Abigail Howe
Amee ; that Lewis Wilder of Boston, may take the
name of Charles Lewis Wilder; that Abigail, daugh-
ter of Thomas Jackson of Boston, may take the
name of Abigail Callender Jackson ; that James
Adams, Jr. of Boston, may take the name of James
Bartlett Adams ; that Thomas Bird Murphey may
take the name of Thomas Murphey Bird; that Henry
Snook of Boston, may take the name of Henry
Snook Bacon ; that William Eaton of Boston, a
minor, may take the name of William Storer Eaton ;
that James Harris of Boston, a minor, may take the
name of James Watson Harris; that Lars Olsson of
Boston, may take the name of Lewis Olsson ; that
Isaac Wharff Smith may take the name of Isaac
William Smith : all of the county of Suffolk.

County of Essex. That Johu Fclt of Salcm, may take the name of
John G. Felt ; that Jonas Loskey of Salem, may
take the name of George Loskey ; that Jonathan
Archer Ropes of Salem, may take the name of Archer
Ropes ; that Royal Augustus Averell of Middleton,
may take the name of Albert Augustus Averell ; that
Samuel Christopher Kilby White of Middleton, may
take the name of Henry Mansfield ; that Daniel
Augustus Rogers of Gloucester, minor son of Betsey
Rogers, may take the name of Daniel Webster Rog-
ers ; that William Pool, Jr. of Gloucester, son of the
late William Pool of Hallowell, state of Maine, may
take the name of William Grover Pool ; that Debo-
rah Lambert Bridges of Rowley, may take the name
of Deborah Hubbard Bridges ; that Charles W ilkins
of Salem, may take the name of Charles Frederick
Wilkins ; that Willard Harding, Jr. of Lynn, may
take the name of Willard Mason Harding ; that
George Creasey of Rowley, may take the name of

CHANGE OF NAMES. April 8, 1835. 521

George W. Creasey ; that Owen Eaton of Andover,
may take the name of Franklin Howard Eaton ;
that Daniel Hale Jaques, minor son of William Ja-
ques, late of Newbury, deceased, may take the name
of William Jaques ; that Andrew Standley third of
Beverly, may take the name of Andrew Warren
Standley ; that Mary Lindsey of Salem, may take
the name of Mary Lindsey Putnam ; that Joshua
Eliphalet Hills of Newburyport, may take the name
of Eliphalet Hills ; that John Patten Sargent of
Amesbury, may take the name of Porter Sargent ;
all of the county of Essex.

That Ezekiel Lysander Bascom Lamb of Framing- Coumy of Mid-

•^ ~ dlesex.

ham, may take the name of Lysander Wheelock ;
that Andrew Munroe, Jr. of Reading, may take the
name of Andrew Brigham ; that Jeremiah Paine of
Reading, may take the name of Jeremiah Putnam ;
that Cheney Allen of Woburn, may take the name
of George Cheney Allen; that Samuel H. Newell
of Cambridge, may take the name of John Stark ;
that Joshua Barrett of Westford, a minor, may take
the name of Joshua Payson Barrett ; that Edward
Woodcock of Groton, may take the name of Charles
Edwards Weston ; that David Woodcock of Groton,
may take the name of David Brainard Weston : that
Washington Woodcock of Groton, may take the
name of George Washington Weston ; that Charles
Ensworth of Cambridge, may take the name of
Charles Ward Tracy; that Joel Newton Onthank
of Weston, may take the name of Joel Newton;
that Edward Rogers, and Edmund Rogers of Groton,
minors, sons of Willard Rogers, may severally take
the names of Edward Rogers Blood, and Edmund
Rogers Blood ; that Josiah Rider of Lowell, may
take the name of Josiah Lawrence ; that Robert L,

522 CHANGE OF NAMES. April 8, 1835.

Eells, and Louisa H. Eells of Medford, may severally
take the name of Robert L. Ells, and Louisa H.
Ells ; that Mary Holden of Waltham, may take the
name of Mary Raymond Motley ; that George
Washington Falconer of Newton, a minor, may take
the name of Samuel Adlam ; that Olive Bean of
Holliston, may take the name of Elizabeth Olive
New ; that Augustus Grossman of Cambridge, a
minor, may take the name of Augustus Stedman ;
that John Williams of Framingham, a minor, may
take the name of John Williams Turner ; that Susan
Rebecca Dame of Medford, may take the name
of Susan Rebecca Steel ; all of the county of
Middlesex.
County of Wor- That David B. Rider of Hubbardston, may take
the name of David B. Makepeace ; that Harriet F.
Thompson of Hubbardston, may take the name of
Harriet F. Phelps ; that Metcalf C. Hardy of Wor-
cester, may take the name of William Seth Hardy ;
that Samuel Hardy of Worcester, may take the
name of Samuel Henderson Hardy ; that Zacharius
Reed of Warren, may take the name of Alden Reed ;
that Timothy S. Rice of Leominster, may take the
name of George Kendall ; that Lawyer Stanford of
Milford, may take the name of Joel L. Stanford ;
that Otis Sanford Billings of Sutton, may take the
name of Lysander Woodburn Henderson ; that
Nicholas Cowper Moore of Princeton, may take the
name of Humphrey Moore ; that Minerva Morse of
Southbridge, may take the name of Oscar Plimpton
Morse ; that Ivory Stackpole of Athol, a minor, may
take the name of William Ebenezer Kelton Fowle ;
that Samuel Fiske Jr. of Southbridge, a minor, may
take the name of Samuel Lynn Fiske ; that Eunice
Cronch of Bolton, mav take the name of Eunice

CHANGE OF NAMES. April 8, 1835. 623

Nelson: that Leander Lorine Ball of Princeton, Coumy of wor-

. ceslor.

may take the name of Leander Loring ; that Luther
L. Lackey of Princeton, may take the name of Lu-
restan Chanvelin ; that Cyril Flint of Barre, may
take the name of Francis Allen, and that Mary his
wife, as also their three children, minors, namely,
John, Georgiana and Moriah, may severally take the
surname of Allen ; that Eliza Earl of Hardwick, may
take the name of Mary Eliza Earl ; that Martha
Houghton of Bolton, may take the name of Martha
Stearns Houghton ; that Mary Gardner of Bolton,
may take the name of Mary Louisa Gardner ; that
Betsey Osborn of Bolton, may take the name of
Elizabeth Wyman Osborn ; that Miranda Wheelock
of Winchendon, may take the name of Miranda
Elizabeth Wilder ; that Henry Jackson Davis of
Grafton, may take the name of Henry Davis ; that
Bostic Penniman Greenlief of Dudley, may take the
name of Thomas Bostic Penniman ; all of the county
of Worcester.

That Francis Witt of South Hadley, may take the county of
name of Francis DeWitt ; that Lyman Nobles Jr. of
Northampton, may take the name of Cyrus Dwight
Nobles ; that John Northum Jr. of Greenwich, may
take the name of John Willcox Northum ; that Har-
riet Graves of Hatfield, may take the name of Har-
riet Cornelia Graves ; that Zilpha Nutting of Leve-
rett, may take the name of Jane Celeste Nutting ;
that Orrin Blush Smith of Middleiield, a minor, may
take the name of Charles Smith ; that Oliver Smith
of Middlefield, a minor, may take the name of Mil-
ton Smith ; that Consider Scott of Hatfield, may
take the name of Consider Williams Scott ; that
Elijah Brass of Southampton, may take the name of
Elijah Brass Emerson ; that Ashael Salmon Abels

524 CHANGE OF NAMES. April 8, 1835.

of Northampton, may take the name of Ashael Sal-
mon Abell ; that James Stebbins of Ware, a minor,
may take the name of James Dexter Eddy ; all of
the county of Hampshire.
County of That David Needham 2d, of Wales, may take the

Hampden. ^ ' -^ _

name of David Besse Needham ; that Harriet Til-
lotson of Granville, a minor, may take the name of
Harriet Seymour ; both of the county of Hampden.

Count of Frank- That Julia Wait of Whately, may take the name
of Julia Angeline Wait ; that Seth Washburn Wil-
lard of Greenfield, a minor, may take the name of
Washburn Willard Graves ; that Lucy Maria Whit-
ney of Warwick, may take the name of Lucy Whit-
ney Pierce ; that Esbon Elnathan Williams of Wen-
dell, a minor, may take the name of William Clag-
gett Johnson ; all of the county of Franklin.

County of Berk- That Mercy Turner of Clarksburg, may take the
name of Mercy Shipping ; that Diana Huntington of
Becket, may take the name of Frances Diana Hunt-
ington ; that George Turner of Stockbridge, a minor,
may take the name of George Nash Turner ; that
Douglass Turner of Stockbridge, may take the name
of Douglass Kellogg Turner ; all of the county of
Berkshire.

County of Nor- That Vollcy Swaiu Death (J Walpole, may take
the name of Samuel Dickinson ; that Aaron Stetson
of Quincy, may take the name of James Aaron Stet-
son ; that Francis Antignola of Weymouth, may take
the name of Francis Hamilton ; that Bathsheba H.
Balch of Medfield, may take the name of Ellen B.
H. Balch ; that Abigail Riley of Dorchester, may
take the name of Abigail Bartlett Ordway, and that
her infant daughter Sarah Hale Riley, may take the
name of Sarah Hale Ordway ; all of the county of
Norfolk.

MESNE PROCESS. April 8, 1836. 525

That Theodore Augustus Bigelow of Taunton, ;;p'y°rBris-

a minor, may take the name of Theodore Stanwood

Bigelow; that Greenleaf Orin Norice Bliss of See-

konk, may take the name of Orin Norice Bliss; that

William Gilford of Dartmouth, may take the name

of William Sisson Gilford : all of the county of

Bristol.

That Prince William Snow of Nantucket, a mi- County of Nan-
tucket.

nor, may take the name of Aaron Prince Snow :
and the several persons herein mentioned are hereby
authorized to take, and hereafter be known by the
respective names which by this act they severally
are authorized to assume.

[Approved by the Lieut. Governor, April 8, 1835.]

CHAP. CXLIII.

An Act in addition to an Act regulating Attachments
on Mesne Process.

Sec. 1. _oE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the satne, That when any personal Property attach-

•^ i/ i/ J I ed on one or

property, belonging to two or more persons, is at- more writs, &c.
tached on one or more writs, against one or more of
the part-owners thereof, the property so attached
shall, upon the request of any one or more of the
other part-owners, not being sued in such writ or
writs, be examined and appraised in the manner pre-
scribed in the second section of the act to which
this is in addition.
67

52Q MESNE PROCESS. April 8, 1835.

prTS^shrfi be ^^^' ^- ^^ *^ further enacted, That the proper-
^'^- ty so appraised shall be delivered to the party or par-

ties making such request, upon his or their giving
bond to the attaching officer in a sufficient penalty,
and vv^ith two sufficient sureties, with condition to
restore the same in like good condition, or to pay
to the officer the appraised value of the said defend-
ant's share or interest in such property, to satisfy
all such judgments as shall be recovered in the suits
in which the property is attached, if demanded with-
in the time during which the property would have
been held by the respective attachments ; and if such
appraised value shall be so paid, said defendant's share
of said property shall thereby become pledged to the
party to whom the same was delivered, and may be
holden and sold therefor in the same manner as oth-
er pledges.
Officer to make Sec. 3. Be it further enacted, That the doings

return of his r ^ rr i • i • i i i i ii i

doings with the of the officcr together with said bond, shall be re-
turned by him in the same manner, and the same
proceedings may be had upon such bond, as is pro-
vided in the fourth section of the act to which this
is in addition.

[Approved by the Lieut. Governor, April 8, 1835.]

bon

MILITIA. April 8, 1835. 527

amended, so as

CHAP. CXLIV.

An Act in addition to the several acts for regulating^,
governing and training the Militia of this Com-
monw^ealth.

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 act of one f"«'"'"er

J t/ «/ ' amendec

thousand eight hundred and thirty-four, chapter one lo provide, &c.
hundred and fifty-tvi'o, the act of the same title as
this act, be amended, so as to provide that instead
of three dollars, the members of the several volun-
teer companies therein mentioned shall be allov^^ed
the sum of five dollars annually, and be paid accord-
ing to the provisions of the act aforesaid, and that
warrants be drawn therefor.

Sec. 2. Be it further enacted, That no idiot, lu- Persons not to

1 1 T IT be enrolled in the

natic, common drunkara, vagabond or pauper, nor miiitia, noreiigi-

111 ni • 1 r 'I- '^'^ l" *"y office.

any person who has been duly convicted or any mfa-
mous crime, nor any person, other than free, white,
able-bodied male citizens, shall be enrolled in the
militia of this Commonwealth, or shall be eligible to
any office therein ; and whenever it shall appear to
the commander in chief that any person thus ineligi-
ble has received a majority of the votes cast at any
election of militia officers in this Commonwealth, he
shall, with the advice and consent of council, de-
clare said election null and void, and shall proceed
to appoint some suitable person to fill the vacancy,
agreeably to the constitution of this Commonwealth.

628 SALES OF PROPERTY. April 8, 1835.

Officers unfit to
discharge their

Sec. 3. Be it further enacted, That, whenever
chll*^*ed°b''^ht'^ ^^ shall appear to the commander in chief, that any
cLief'^'"*" '° officer duly commissioned to command in the militia
has become either unable or unfit to discharge the
duties of his office, and to exercise proper authority
over those whom he commands, the commander in
chief shall have power, and it shall be his duty, with
the advice and consent of council, on the petition of
one or more of his superior or subaltern officers,
forthwith to grant him a discharge.

[Approved by the Lieut. Governor, April 8, 1835.]

CHAP. CXLV.

An Act concerning Sales of Property on Execution.

13 E it enacted by the Senate and House

of Representatives, in General Court assembled, and

Sale of property bv the authoritv of the same, That in all cases in

on execution. , . , • i n i i • i i

w^hich any execution shall be returned m whole, or
in part, satisfied by sale of property, and it shall af-
terwards appear that the judgment debtor did not
own said property, the purchaser may have his action
of assumpsit to recover back the amount paid for the
same, and upon such recovery, the judgment credi-
tor may have a writ of scire facias on his judgment
for a new execution.

[Approved by the Lieut. Governor, April 8, 1835.]

MUTUAL FIRE INS. CO. April 3, IQ35. 529

CHAP. CXLVI.

An Act relating to the Real Estate of Married Wo-
men taken for Public use.

13 E it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That the Supreme Real estate of

^ ^ ^ ./ 1/ ^ 1 ^ married women

Judicial Court shall have power, upon application, damages for

^ ^ ^ *■ when taken for

on behalf of any married woman, whose real estate public use.
may hereafter be taken for public use, to hear and
determine in equity, and make such order and de-
cree respecting the disposition of the compensation
or damages to be received thej'efor, as to them shall
seem just and equitable.

[Approved by the Lieut. Governor, April 8, 1835.]

CHAP. CXLVII.

An Act to regulate Mutual Fire Insurance Compa-
nies.

Sec. L JjE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That all Mutual Fire Fire insurance

Ig-~{ • I'liiii r t ' Companies here-

nsurance Companies, which shall hereaiter be m- after incorpora-

corporated, or whose charters shall be extended,

shall be governed by the provisions of this act.

530 MUTUAL FIRE INS. COMP. April 8, 1835.

Entitled to all the Sec. 2. Be it further enacted, That the said

previous statute, insurance companies shall be entitled to all the
powers and privileges contained in the statute of the
year one thousand eight hundred and thirty-three,
chapter eighty -three.

Number of direc- Sec. 3. Be it further enacted, That every such
corporation shall annually elect not less than five di-
rectors, who at the time of their election shall be
citizens of the Commonwealth, and, after the first
election, members of the corporation, and who shall
manage and conduct all the affairs and business of
the corporation ; and all elections shall be by ballot,
and in the manner prescribed by the by-laws, and
absent members may vote by proxy : provided, that
no one member shall be allowed more than five
votes.

Directors 10 meet Sec. 4. Bc it furthcr cuactcd. That the direc-

for the choice of in i ^ i • i

officers. tors shall meet as soon as may be alter their elec-

tion, and choose one of their number to be president,
and they shall also choose a secretary and treasurer;
and the treasurer shall give bond in such sum, as the

Secretary to be dircctors shall ordcr. The secretary shall be sworn

sworn, &c. , . , . .

to the faithful discharge of his duty, and he shall
keep a true record of all votes of the corporation
and of the directors, and of all policies issued by the
corporation, and of all assignments of such policies
consented to by them. And the record of said poli-
cies and assignments shall be open to the inspection
of any person interested therein ; all the officers shall
hold their offices until others are chosen, and all va-
cancies may be filled by a special election in the
manner prescribed for annual elections.
May insure for Sec. 5. Bc it fiuthcr euactcd, That when the
sum of fifty thousand dollars shall be subscribed, to
be insured by any such corporation, they may insure

seven years.

MUTUAL FIRE INS. COMP. April 8, 1835. 531

for a term not exceeding seven years, upon any
building within this Commonwealth, any amount not
exceeding three-fourths of the value thereof. And JJ^'^gif h'°the
all policies of insurance by them made shall be sub- president, &c.
scribed by the president, or in case of his death, in-
ability, or absence, by any two of the directors, and
countersigned by the secretary, and shall be binding
upon the corporation, and have the same effect as if
under their corporate seal.

Sec. 6. Be it further enacted, That every per- Person insured

^ _ ^ -^ "^ to become a

son who shall be insured by said corporation shall member,
be a member thereof so long as he shall be thus in-
sured.

Se( . 7. Be it further enacted, That the funds Funds to be in-

vGst6d in slocks

of every such corporation shall be invested in stocks, &c.
or loaned on security, as the directors may order,
and shall be appropriated, first, to pay their expenses,
and then to pay the damages which any member
may be entitled to recover on his policy. And if
any member shall have a just claim upon said cor-
poration, founded upon a policy issued by them, ex-
ceeding the amount of their then existing funds, ex-
clusive of deposit notes given by the members, the
directors shall forthwith assess such sum as may be
necessary to pay the same, upon the members, in
proportion to the amount of their premiums and de-
posits severally, for seven years, but not to exceed
double the amount of such premiums and deposits.
Sec. 8. Be it further enacted, That whenever
sufficient goods or estate of any such corporation
cannot be found, to satisfy any execution issued
against them, founded upon a judgment on any pol-
icy issued by them, and the said corporation have
sufficient goods or estate to satisfy the same, and
the directors shall neglect or refuse to pay the said

532 MUTUAL FIRE INS. COMP. April 8, 1835.

execution ; or if the directors shall refuse or neglect,
for thirty days after the rendition of such judgment,
to make such an assessment as they may be author-
ized to make therefor, and to deliver the same to the
treasurer, and direct him to collect the same ; or if,
when the said assessment is collected, the directors
shall refuse or neglect to apply the same upon said
execution, then and in either case the directors shall
be personally liable for the full amount of said exe-
cution.
Assessments Sec. 9. Be it further enacted, That whenever

how collecied. ^ ^

the directors of any such corporation shall commit
to the treasurer any assessment made by them upon
the members, with directions to collect the same,
and the treasurer shall unreasonably refuse or neg-
lect to collect the same, and to apply the proceeds
to the claim for which said assessment was made,
he shall be liable, in his private capacity, for the ag-
gregate amount of said assessment to the person en-
titled thereto, who may maintain an action against
him therefor. And the treasurer shall have authori-
ty to retain to his own use any sum or sums which
he may pay in consequence thereof, out of any mon-
ies by him received to the use of the corporation.
Whenever direc- ^^^' ^^' ^^ ^^ further enacted, That whenever
p°ayanTxeculfon° ^hc dircctors shall be liable by the provisions of this
sut*^&c! ""^^ ^^^^ ^^ P^y ^^y execution against any such corpora-
tion, an action of debt against any or all of them
may be sued by the creditor in such execution, the
declaration in which action shall state the claim
against the corporation, and the ground on which
the plaintiff expects to charge the defendants person-
ally; or the liability of the said directors, or of any
of them, may be ascertained and enforced by pro-
ceedings in chancery in the supreme judicial court.

MUTUAL FIRE INS. COMP. April 8, 1835. 533

And any director who may voluntarily, or by com-
pulsion, pay any execution against the corporation
for which he is personally liable, shall have a remedy
by bill in chancery before said court, for a contribu-
tion against any other director ( r directors, for his
or their due proportion thereof. And the directors
shall also have a remedy by action at law, or a bill
in chancery against the corporation for the money so
paid by them.

Sec. 11. Be it further- enacted, That each poli- Policies issued to
cy issued by any such corj)oration shall of itself, and ihe interest insur-
without any other ceremony, create a lien on the in-
terest of the person insured, in any building thereby
insured, and hi the land under the same, for the se-
curity and payment of any sums for which he may
be liable to be assessed, in consequence of taking or
holding said policy : provided, the extent of such Proviso,
liability, and the intent of the corporation to rely
upon such lien, shall be set forth in the policy; and
that such lien shall cease, upon the expiration of the
policy, or upon the alienation of the estate to a bona
fide purchaser, unless the policy shall be continued
in force by consent of the purchaser, notwithstand-
ing such alienation. And if it shall become neces- when necessary

1 ■,. ^ , (. to resort to such

sary to resort to such lien tor the payment or any lien for payments

, . 1 1 1 T of deposit notes,

deposit note or any assessment secured by such lien, &c.
the treasurer shall demand payment thereof from the
assured, or his legal representatives, and also from
any tenant in possession of the insured premises,
setting forth in writing the sum so due ; and in case
the same is not paid, the corporation may maintain
an action therefor, and may levy any execution is-
sued in such action, upon the estate subject to the
lien. And the officer making the levy may sell the officer making

11 ^ r • 1 1 n 1 the levy may sell

whole or any part thereor at auction, and shall apply at aucUon, &c.
68

534 MUTUAL FIRE INS. COMP. April 8, 1836.

the proceeds of such sale, in the same manner as is
required by law, in the sale upon execution of equi-
ties of redemption of mortgaged premises ; and the
owner shall have the same right to redeem the same
as is provided in case of such sales of equities of re-
demption.
Members, at the Sec. 12. Be it further enacted, That each mem-

expiraiion of their '^ _

policy to receive bcr of anv such corporation shall, at the expiration

their sliare of the , % ^ ^ ^ .

funds. of his policy, have a right to demand and receive

from them his share of the funds then remaining,
after paying all expenses and losses then incurred,
in proportion to the sum or sums by him actually
paid in consequence of said policy.

Liable to be tax- §£€. 13. Be it further enacted, That all such

ed like similar in- _ '

stituiions ; and corporatious shall be liable to be taxed by any gen-

lay before the ^ y ^ o

leffisiaiure a eral law taxingf similar institutions : and the direc-

stalrment of ^ ^

their affairs, &c. tors thereof shall, when required by the leii;islature,
lay before them, or any committee appointed by
them, a statement of their aifairs and business, and
submit to an examination concerning the same, un-
der oath.

[Approved by the Lieut. Governor, April 8, 1835.]

CHAP. CXLVIII.

An Act in addition to an Act for defining the rights
aud duties of Rail-road Corporations in certain
cases.

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 the security requir-

RAIL-ROAD CORPORATIONS. April S, IHS5. 636

ed to be given by the third section of the act to ^•'.^"'','y/"^^

o J extended so as

which this is in addition, shall be so extended, as to t" embrace dam-

' ' a^es awarded by

embrace the damages which may be awarded by a ^J"'^-
jury in lieu of" those estimated by the county com-
missioners, in case either party shall apply for a jury
according to the provisions of said act, together with
the costs made by such application, in case the dam-
ages are not diminished by the verdict of such jury.

Sec. 2. Be it further enacted, That the seventh seventh section

"^ ' o( former act, not

section of said act shall not be held to apply to any jo apply when

i i *^ -J location IS par-

rail-road corporation, the location of whose road is ^'cuiariy describ-
particularly described in their act of incorporation.

Sec. 3. Be it further enacted, That no rail-road Corporation

•^ have no autnor-

corporation shall have authority to take, without lib- ity '<> take land

*• •' ' or materials, un-

erty from the owner, any land or materials for the '^^*' •^''•
purpose of constructing or securing their rail-road,
unless such land or materials be included within the
limits of the rail-road, as the same has been or may
be laid out ; or unless the county commissioners, on
application of such corporation, and on notice to the
owner of such land or materials, shall first prescribe
the limits within which the same shall be taken for
such purpose.

Sec. 4. Be it further enacted. That it shall be ^^ii to be attach-

'^ ^ _ ed to locomotive

the duty of every rail-road corporation to cause a bell engine, to be

. . . rung) "Sec.

to be placed on each locomotive engine passing upon
their road, which bell shall be at least of the weight
of thirty-five pounds, and the said bell shall be rung
at the distance of at least eighty rods from the place
of crossing any turnpike, highway, or town-way, upon
the same level with the rail-road, and be kept ring-
ing until the said engine has crossed the said turn-
pike or way. And it shall be the duty of each rail- sign boards to

1 . 1 1 1 1 1 T be placed at the

road corporation to cause boards to be placed and crossings, &.c.
constantly maintained across each turnpike, high-

636 RAIL-ROAD CORPORATIONS. Jpril 8, 1836.

way, or town-way, where it is crossed by their rail-
road upon the same level therewith, the said boards
to be well supported by posts or otherwise, and to
be of such height as shall be easily seen by travel-
lers, without obstructing the travel ; and on each
side of said boards the following inscription shall be
printed in capital letters, of at least the size of nine
Inscription on inches each : — Rail-road Crossing ; Look out for the

sign board. _ , . , ,

Engine while the Bell rings. — And if the selectmen
of any town wherein any turnpike, highway, or town-
way so crossed by any rail-road is situate, shall be of
opinion that the foregoing provision is not a sufficient
Further security, securitv to the i)ublic iu any i)articular cases, and

if neces«ary, to _ *^_ ^ , i • i

the public. that it is necessary for such security that gates should
be erected across the rail-road, and that an agent
should be stationed to open and close said gates, when-
ever any engine passes, the said selectmen may re-
quest, in writing, said rail-road corporation to erect
said gates, and station said agent as aforesaid ; and
in case said corporation shall neglect or refuse so to
do, the said selectmen may apply to the county com-
missioners, for them to decide upon the reasonable-
ness of such request. And if said county commission-
ers, after due notice and hearing the parties, shall
decide that the erection of said gates and providing
said agent is necessary for the security of the pub-
lic, it shall thereupon be the duty of said rail-road
corporation to comply with said decision. And in
case the said county commissioners shall be of opin-
ion that the establishment of said gates and agent is
not required as aforesaid, the said selectmen shall be
liable to pay all the costs of their application. But
in case the said application shall be sustained by said
county commissioners, the costs thereof shall be borne
by the said rail -road corporation.

RAIL-ROAD CORPORATIONS. Jpril 8, 1835. 537

Sec. 5. Be it further enacted, That if any rail- ^^\tcoljtr'
road corporation shall unreasonably neglect or refuse ^/g'^.equiSs'
to comply with the foregoing requisitions, or any of
them, they shall forfeit and pay to the use of the
Commonwealth, for every such neglect or refusal, a
sum not exceeding one thousand dollars, to be recov-
ered by action or indictment in any court of compe-
tent jurisdiction. And if any agent, stationed as
aforesaid, shall neglect to open or close said gates
for the safe passing of the engine on the rail-road, or
the traveller on the turnpike, highway, or town-way,
he shall forfeit and pay for every such neglect a sum
not exceeding one hundred dollars, to be recovered
as aforesaid ; and the rail-road corporation shall also
be liable for all damages sustained by any person in
consequence of such neglect of any of their agents,
to be recovered in an action on the case, by the per-
son sustaining such damages.

Sec. 6. Beit further enacted, That the mayor ^^yo""^"^^'^^'-

«/ ' J men lo exercise

and aldermen of the city of Boston shall have and p°^"s, &c.
exercise all the powers conferred by the fourth sec-
tion of this act upon the selectmen and county com-
missioners, within their respective jurisdiction.

Sec. 7. Be it further enacted, That in all cases Time extended

, . ,. 1 11 1 I' 1 for the ascertain-

where suits are now pendmg or shall hereafter be Sng of damages,

brought, wherein the right of any rail-road corpora-
tion to locate and construct its rail-road on some
particular location is or shall be drawn into question,
the time now limited for applications to the county
commissioners or otherwise for the ascertaining of
damages occasioned by the taking of land or other
property in and upon such location, shall be so far
extended that such application may be made at any
time within one year after the final termination of
such suits upon the merits, and the like proceedings

538

Proviso.

When to take
effect.

PILOTAGE— H. OF BOSTON. April 8, 1835.

shall be thereupon had as if the same application
had been made within the time now limited, any
thing in former acts to the contrary notwithstanding :
provided, however, that such suits, if not now pend-
ing, shall either be brought within one year from the
time of the taking aforesaid, or shall be brought for
the purpose of trying the same right, which was
drawn in question in some former suit, now pending
or brought as aforesaid, which failed either for the
want of jurisdiction, or defect of form, or other like
cause, not deciding the merits of the controversy,
and shall be brought within six months after such
determination of said former suit.

Sec. 8. Be it further enacted. That this act
shall take effect from and after the first day of May
next.

[Approved by the Lieut. Governor, April 8, 1835.]

CHAP. CXLIX.

An Act in addition to "An Act to regulate the Pi-
lotage for the Harbour of Boston."

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

of Representatives, in General Court assembled, and

Governor to ap- })y fjie ttuthoritv of the scime, That the governor, with

point commis- "^ ./ ./ ' o '

sioners of pilots, j^e advicc of the council, be empowered to appoint
and commission two persons to execute the office of
commissioners of pilots in and for the harbour of
Boston ; such persons being recommended by the
board of trustees of the Boston Marine Societv, and

PILOTAGE— H. OF BOSTON. April 8, 1835. 539

to hold said office during the term of three years,
unless sooner removed by the governor and council.

Sec. 2. Be it further enacted, That the said commissioners

•z ' to grant commis-

commissioners shall ffrant commissions for pilots and sions for pilots

O A and warrants for

warrants for apprentices to such persons as may be apprentices, &c.
approved by the trustees of the Boston Marine Soci-
ety, and they shall have power to suspend all pilots
and apprentices, now holding, or who may hereafter
hold, branches, commissions or warrants, from the
performance of their duties as such pilots or ap-
prentices, upon evidence of misconduct, carelessness
or neglect of duty, until the next stated meeting of
the trustees of the Boston Marine Society; and the Powerofcom-

1 11 1 ^ 1 1 missioners to re-

commissioners shall have power to revoke or annul voke or annul the
the branch, commission or warrant of any such pilot '^'^'^ '
or apprentice, if the trustees of the said marine soci-
ety at their next stated meeting shall adjudge and
determine that the same ought to be revoked, other-
wise the commissioners may at their discretion con-
tinue the suspension of such pilot or apprentice until
the next stated meeting of the said trustees and no
longer, for the same offence.

Sec. 3. Be it further enacted, That it shall be To keep an office
the duty of the said commissioners to keep an office, ance, &c.
and to be in attendance a part of each day, to re-
ceive and consider complaints from and against pi-
lots, and to examine the evidence in support of the
same, and they shall at all times diligently see that
the laws and regulations for pilotage be duly and
properly executed, and in case any pilot, either by
himself or by his apprentice, shall be guilty of any
act whereby the conditions of his bond shall be
broken, it shall be the duty of the said commission-
ers to make immediate complaint thereof to the
treasurer of the Commonwealth, who shall cause a

540

PILOTAGE— H. OF BOSTON. April 8, 1835.

Commissioners
may alter or
amend regula-
tions for pilots,
&c.

Pilot to give
bonds &c.

suit to be forthwith commenced by the attorney
general, or by the attorney of the Commonwealth
for the county of Suffolk, and security to be taken
for the benefit of all persons who may have suffered
by the misconduct or negligence of such pilot or ap-
prentice, and the like proceedings and judgment
shall be had and rendered in such suits as in the
case of probate and sheriff's bonds.

Sec. 4. Be it further enacted, That the said
commissioners may, from time to time, alter or
amend any of the existing regulations for pilots in
and for the harbour of Boston, and may make any
new regulations, and the same shall have all the au-
thority of law, after being approved by the trustees
of the Boston marine society, and being published
one week in two newspapers printed in Boston.
The said commissioners shall keep fair records of all
their doings under this act, and shall present the
same to the said trustees as often as once in every
six months, and whenever the said trustees shall re-
quire the same, and the said commissioners shall, at
least twice in each year, publish in two newspapers
all the regulations for pilotage in said harbour then
existing.

Sec. 5. Be it further enacted,, That no person
shall in future receive a commission or exercise the
office of a pilot into or out of the harbour of Boston,
until he shall have deposited with the treasurer of
this Commonwealth a bond in the penal sum of two
thousand dollars, payable to the said treasurer, with
sureties satisfactory to the said commissioners, for
the performance by himself and his apprentices of
all the duties required by law of any pilot or appren-
tice ; and any surety on a bond given as aforesaid
by a pilot, shall have a right at the end of any year

PILOTAGE— H. OF BOSTON. April 8, 1835. 541

after signing the same to terminate his liability as a Pilot to procure

~ ~ _ . . , other security

surety for the future acts of the said pilot, by giving wi.en required.
notice thereof in writing at least thirty days before
the expiration of any year, to the treasurer of the
Commonwealth, and also to the commissioners of
pilots, in which case the said commissioners shall
notify the said pilot, that unless he shall procure
other surety sufficient in the opinion of the said
commissioners, his commission will be annulled at
the end of the current year, and it shall be their
duty to annul the same accordingly, and the com- commission
mission shall be delivered up to the said commis- up, when refusing
sioners by the said pilot, on penalty for refusing so
to do, after demand made on him, of forfeiting the
sum of fifty dollars for each month during which the
same is detained by him, to be recovered in any
court competent to try the same, one moiety to the
use of any person or persons who shall sue therefor,
and the other moiety to the use of the Common-
wealth.

Sec. 6. Be it further enacted, That once in pnots to render

, 1 i, I'l* J r ^i. an account to

every three months, each branch pilot m and tor the commissioners,
harbor of Boston shall render unto the said com-
missioners of pilots, an account of all vessels piloted
and of all monies received by him or by any person
for him for pilotage, and shall pay to the said com-
missioners five per centum on the amount thereof,
which shall be taken in full for their services as
commissioners, and for the expenses of the office.
And the said pilots shall be at liberty to add five per Fees for pilotage,
centum to the rates existing by law, at the time
they shall perform the service of piloting any vessel,
and shall be authorized to collect the same, as they
are now authorized to collect the fees for pilotage of
vessels, and if any pilot shall make a false return of

542

PILOTAGE— H. OF BOSTON. April 8, 1836.

Commissioners.

Proviso.

Acts repealed.

monies so received, he shall on conviction thereof,
forfeit and pay the sum of fifty dollars, to be recov-
ered and appropriated as is provided in the next pre-
ceding section of this act.

Sec. 7. Be it further enacted, That no person
shall be a commissioner of pilots, being at the same
time a trustee of the Boston Marine Society, and
that this act shall go into operation on and after the
first of May next : provided, however, that nothing
in this act shall be so construed as to prevent the
governor, with the advice and consent of the council,
from appointing and commissioning the commission-
ers of pilots aforesaid, at any time before the said
first day of May.

Sec. 8. Be it further enacted, That all acts and
parts of acts which are repugnant to the provisions
of this act, be and the same are hereby repealed ;
saving, however, that all acts and parts of acts thus
repealed shall continue in force as to all rights ac-
quired, securities taken, offences committed, and
processes pending, under and by virtue of the same,
prior to the time when this act goes into operation.

[Approved by the Lieut. Governor, April 8, 1835.]

STRAITSMOUTH ISLAND. April 8, 1835. 643

CHAP. CL.

An Act in addition to " An Act to provide for the
safe keeping all Prisoners committed under the
Authority of the United States in the several
Gaols in this Commonwealth."

JdE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That the provisions of Provisions of act

extended &c.

the act, to w^hich this [is] in addition, be, and the
same hereby are, extended to the masters of the
several houses of correction in this Commonw^ealth,
under the restrictions of the first section of the stat-
utes of eighteen hundred and thirteen, chapter nine -
ty-seven.

[Approved by the Lieut. Governor, April 8, 1835.]

CHAP. CLL

An Act to cede to the United States the jurisdiction
over Straitsmouth Island.

jjE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That the jurisdiction Jurisdiction of

J-,, . 1 T 1 1 1 • r Straitsmouth

over Ibtraitsmoutn Islana, near the eastern pomt or island granted
Cape Ann, in this Commonwealth, be, and hereby &c.

644 ELECTION OF COUNTY COM. April 8, 1835.

is granted to the United States of America, for tlie
sole purpose of erecting and maintaining a light-house
on the same : provided, that this Commonwealth
shall retain, and hereby does retain, concurrent ju-
risdiction with the United States, in and over said
land, so far as that all civil and criminal processes
issued under the authority of this Commonwealth,
or any officer thereof, may be executed on any part
of said island, or in any building which may be
erected thereon, in the same w ay and manner, as if
jurisdiction had not been granted as aforesaid ; and.
Persons dwelling providcd, ttlso, that all persons who shall dwell upon

upon said land ■'■ ^ -"^

to be deemed in- said tract of land, shall be deemed and taken to be

habitants of, &,c. . .

mhabitants of the town of Gloucester in this Com-
monwealth, and shall there do the same duties, and
have and enjoy the same privileges as other inhabi-
tants of said town, saving that the keeper of said
light-house shall not be liable to serve as a juror, or
to perform military duty.

[Approved by the Lieut. Governor, April 8, 1835.]

CHAP. CLII.

An Act to provide for the Election of County Com-
missioners, and for other purposes.

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

of Representatives, in General Court assembled, and

Judge of pro- by the authority of the same, That, w^ith the excep-

pointed a board tiou of the couutics of Suffolk and Nantucket, to

of examiners.

which no part of this act shall be held to extend or
apply, ihe Judge of Probate, the Register of Pro-

ELECTION OF COUNTY COM. April 8, 1835. 545

bate, and the Clerk of the Court of Common Pleas,
within and for the several counties in this Common-
wealth, be, and thej hereby are constituted a Board
of Examiners for their respective counties, and they
are hereby required to perform, not only the duties
enjoined on them by this act in relation to the elec-
tion of county commissioners, but, from time to time,
to examine the accounts of the said commissioners Required to ex-

amine 'he ac-

for their services in the discharge of the duties of counts of com-

^ missioners.

their office, and if satisfied that the same are true,
and ought to be allowed, they shall so certify there-
on ; and no account exhibited by the said commis-
sioners for their services as aforesaid shall be paid
by the county treasurer, unless examined and certi-
fied as above. And the board of examiners shall be Board of exami.

• -I r ^ 1 r 1 ners, how paid.

paid out or the county treasury, at the rate or three
dollars per day each, for every day employed in dis-
charging the duties required of them by this act ;
and the county treasurer is hereby authorized to au-
dit and settle their accounts : provided, that if any Proviso.
two of the above offices be held by the same person
in any county, then the sheriff of such county shall
be a member of the board of examiners.

Sec. 2. Be it further enacted, That, on the first shaii caii a legai

•n/TT ' -\/r • ^ r ti i meeting in the

Monday of May, m the year oi our Lord one thou- months of May,
sand eight hundred and thirty-five, and on the first
Monday of April in every third year thereafter, the
selectmen of the several towns and districts in this
Commonwealth shall call a legal meeting of the in-
habitants thereof, (except in the county of Barnsta-
ble, in which said selectmen shall call such meetings
on the first Monday of March in the years aforesaid,)
qualified to vote for representatives to the General
Court, to bring in their written votes on one ticket,
for three county commissioners, being inhabitants of

546

ELECTION OF COUNTY COM. April 8, 1835.

Board of exami-
ners, when to
meet.

If no three per-
sons have a ma-
jority, then said
examiners shall,
&c.

different towns in their respective counties ; and the
selectmen, in open town meeting, shall sort and
count the votes, and make public declaration there-
of, and the town clerk shall enter the names of all
persons voted for, and the number of votes for each
person, on the town record, and transmit a copy of
such record, signed by the selectmen, and attested
by himself, and sealed up in open town meeting, to
the clerk of the court of common pleas, before nam-
ed, within seven days after said meeting, and said
clerk shall transmit the same to the examiners.
And the board of examiners shall meet on the Tues-
day succeeding the second Monday in May, in the
year of our Lord one thousand eight hundred and
thirty-five, and ever after, on the first Tuesday suc-
ceeding the second Monday of April, in each year,
(except in the county of Barnstable, in which coun-
ty said board of examiners shall meet on the Tues-
day succeeding the second Monday in March,) when
there shall be an election of county commissioners,
and examine the returns of votes from the several
towns and districts in their respective counties ; and
if any persons have a majority of all the votes, said
examiners shall forthwith give such persons written
notice of their election.

Sec. 3. Be it further enacted, That if, upon
examining the returns of votes from the several
towns and districts as aforesaid, the examiners find
that no three persons in the county for which they
act, have a majority of all the votes legally returned,
then the said examiners shall forthwith issue their
warrant to the selectmen of the several towns and
districts in the said county, requiring them on a day
therein named, and within twenty days after the is-
suing of the said warrant, to call a meeting of the

ELECTION OF COUNTY COM. Jpril 8, 1835. 647

inhabitants of their respective towns and districts, to
give in their votes for so many commissioners as
shall not have been elected at the first trial. And Examiners to

furnish to select-

the examiners shall furnish the selectmen to whom men a list of, &c.
they direct their warrant, with a complete list of the
names of all persons voted for, who shall have re-
ceived at least twenty-five votes each, exclusive of
such as were elected, and the number of votes given
for each on the first trial. And the selectmen, in Selectmen to

call a meeting,

obedience to said warrant, shall call a meeting of ^'^■
the inhabitants of their respective towns and dis-
tricts, and shall lay before them the result of the
first trial, as reported by said examiners ; whereupon
the qualified voters of the several towns and districts,
having ascertained the number of vacancies to be
filled, shall vote for, on one ballot, so many names
as there are commissioners to be chosen, and the
same proceedings shall be had on the votes thus
given, as are required by the preceding section to be
had on votes given at the first trial : and the select- Selectmen to re-

a ' lurn said votes

men and town clerk shall in like manner return said >pthecierkof

the court, &c.

votes to the clerk of the court of common pleas,
within seven days from the time of said meeting,
and the said examiners on the eighth day after said
meeting shall examine the returns, and forthwith
give written notice of their election to the persons
having a majority of the votes given and returned as
aforesaid. If, after the second trial, the vacancies in
the board of commissioners should not be filled, then
the examiners, selectmen, and town clerk, shall
cause the trial to be repeated, in the manner pre-
scribed in this section, until the vvhole number of
commissioners shall be chosen, when the examiners
shall notify them of their election in manner as
aforesaid.

548

ELECTION OF COUNTY COM. April 8, 1835.

Two special
commissioners to
be chosen, &c.

County commis-
sioners aiid spe-
cial commission-
ers to be inhabi-
tants, &.C.

Shall hold their
offices for three
years.

Power, &c.

Commissioners
interested, how
to act.

Sec. 4. Be it further enacted^ That, in each of
the counties embraced in the provisions of this act,
there shall be chosen, at the same times and in the
same manner in which county commissioners are
chosen, and by voters having like qualifications, two
special commissioners ; , and any vacancy in either of
said offices by death, resignation, or other cause,
may be filled in the manner before prescribed, at any
time when said examiners shall think it expedient,
and issue their warrant to the selectmen of the sev-
eral towns and districts, to call meetings for that
purpose. The said county commissioners and spe-
cial commissioners shall be inhabitants of the differ-
ent towns in the respective counties for which they
may be chosen ; and before entering on the duties
of their ofitice shall be sworn to the faitliful dis-
charge of the same. They shall respectively hold
their offices for the term of three years, and until
five others are chosen and qualified in their places,
and shall be eligible to re-election; and in case more
than one county commissioner, or special commis-
sioner, from the same town, shall have a majority,
then the person having the largest number of votes,
shall be declared to be elected. They shall have all
the powers, and perform all the duties now pertain-
ing to standing and special commissioners, except so
far as the same are modified by this act. The coun-
ty commissioners in each county, shall, at their first
meeting after an election, under the provisions of
this act, elect by ballot a chairman of their board.

Sec. 5. Be it further enacted, That whenever
any of the standing commissioners shall be interested
in any questions, which may come before the board
for decision, or whenever a road, or any part thereof,
respecting which they are called upon to act, is in

ELECTION OF COUNTY COM. April 8, 1835. 54Q

the town in which any one of the commissioners re-
sides, or where one or more of the board is unable to
attend, the other member or members of the board
shall give notice to one or both of the special com-
missioners, as the case may require, who shall forth-
with fill the vacancy or vacancies in the board, and
have the same authority in the premises as standing
commissioners. And no business in which opposing
parties appear shall be finally determined, except
by consent of the parties, unless there shall be pres-
ent and acting thereon three disinterested commis-
sioners : provided, that this section shall not extend
to the county of Dukes County.

Sec. 6. Be it further enacted, That whenever a Commissioners

. . . . to view new

petition shall be presented to the county commission- route, &c.
ers to lay out, alter or discontinue a highway, after
giving such notice as is required in like cases by the
existing provisions of law, they shall proceed to view
the route of said highway, and if, after viewing the
same, and hearing all persons and corporations inter-
ested, they shall adjudge that the petition ought to
be granted, they may proceed immediately to lay
out, alter or discontinue said highway, as the case
may be, unless some person or corporation interested,
for good reasons, shall move for a delay, in which
case the said commissioners shall adjourn to some
future day.

Sec. 7. Be it further enacted. That whenever a ^^^^ viewing

^ route, &c. em-

petition shall be presented to the county commission- powered to di.

■^ ^ _ -^ reel repairs. Sec.

ers to lay out or alter a highway, and they, after hav-
ing viewed the same, and heard all persons and cor-
porations interested therein, shall be of opinion that
the existing highway between the termini named in
the petition, can be so far amended as to supersede
the necessity of laying out a new highway, or alter-
ing the location of existing ways, they shall, after
70

560

ELECTION OF COUNTY COM. April 8, 1836.

due notice to the towns interested, be empowered and
required to direct specific repairs to be made in the
existing ways, so as to promote the public conven-
ience, and apportion the expense thereof upon the

Expense to be countj and towns respectively, as by law they 'are

assessed on the
county and
towns respec-
tively.

Commissioners
empowered to
locale a new
road, &c.

Proviso.

Commissioners
authorized, <fec.

now authorized to do ; and the towns in which said
repairs are so ordered shall be under the same obli-
gations to make the same, as they are now under to
make highways laid out by said commissioners ; and
the said towns shall have the same right to a jury,
and the same proceedings shall be had therefor, as in
case of highways so laid out.

Sec. 8. Be it further enacted, That the said coun-
ty commissioners shall have authority, upon applica-
tion by any town within their respective counties, to
locate anew any road or roads in said town, whether
the same were laid out by the authority of said town,
or of the county, either for the purpose of establish-
ing the bounds thereof, or of making any alterations
either in the route or width of such roads, and in such
case, the same notice shall be given, and the same
proceedings shall be had as are required in case of
the laying out of roads : provided, that all expenses
which may arise under the provisions contained in
this section shall be paid by the town making the ap-
plication.

Sec. 9. Be it further enacted, That whenever the
whole number of commissioners for any county are
elected and qualified, according to the provisions of this
act, the county commissioners shall be authorized to
take possession of all records and papers then in the
hands of the commissioners appointed b}^ the governor
and council, and shall have power to adjudicate upon
all matters and things which shall be pending before
the commissioners now in office, and which shall not
then have been adjudicated upon by them ; and all

ELECTION OF COUNTY COM. April 8, 1836. 561

roads laid out, but not worked, shall be completed un-
der the supervision of the commissioners elected in
pursuance of this act.

Sec. 10. Be it further enacted, That if the said
examiners, selectmen or town clerk, shall neglect to
perform any of the duties required of them by this Penally for neg-

■"• "^ ^ ^ _ ^ lecting duties,

act, each officer so neglecting, shall, on conviction &c.
thereof, forfeit and pay a sum not less than twenty
dollars nor more than two hundred dollars, to be re-
covered by action of debt before any court compe-
tent to try the same, one half to the use of him who
shall first sue therefor, and the other half to the use
of the county in which the offence was committed ;
or said forfeiture may be recovered by indictment in
any court of competent jurisdiction, in which case
the whole sum shall be to the use of the county :
provided, however, that no action or prosecution shall Proviso.
be sustained against any of the above named officers
for negligence in transmitting votes, lists of persons
voted for, warrants, or other papers and documents:
provided, the same were made out, properly directed,
and mailed sufficiently early to reach their destina-
tion at the time required by due course of mail.

Sec. 11. Be it further enacted, That the coun- Commissioners

- . , . . , , to remain in

ty commissioners and special commissioners that have office umii
been or shall be appointed by the governor and
council, shall remain in office, and discharge the du-
ties thereof, until others shall be chosen and qualified
in their stead, agreeably to the provisions of this act,
when the office of said commissioners shall cease and
be determined.

Sec. 12. Be it further enacted. That all acts and
parts of acts, heretofore passed, inconsistent with the
provisions of this act, be, and the same are hereby
repealed.

[Approved by the Lieut. Governor, April 8, 1835.]

662 ELECTION OF COUNTY COM. April 8, 1836.

CHAP. CLIII.

An Act in addition to an Act to provide for the
Election of County Commissioners, and for other
purposes.

13 E it enacted by the Senate and House
of Representatives, in General Court assembled, and
Former acts re- f)y the authority of the Same, That so much of the
second section of the act "to provide for the election
of County Commissioners and for other purposes,"
passed at the present session, as is contained in the
following w^ords, to wit : " except in the county of
Barnstable, in which said selectmen shall call such
meeting, on the first Monday of March, in the years
aforesaid," also the words, "except in the county of
Barnstable, in which county said Board of Examin-
ers, shall meet on the Tuesday succeeding the second
Monday in March," be, and the same is hereby re-
pealed.

[Approved by the Lieut. Governor, April 8, 1835.]

(Kommontoealtt) of |HaBsaci)usetts.

SECRETARY'S OFFICE, MAY 1, 1S35,

I HEREBY CERTIFY, that I have compared the printed copy of
Acts contained in this Pamphlet, with the Original Acts passed by the
Legislature in January, February, March, and April last, and find
the same to be correct.

EDWARD D. BANGS,

Secretary of the Cominonwealth.

LAWS

eommonUiea^Uti of M^^^^t^nmtt^,

PASSED BY THE GENERAL COURT,

AT THE EXTRA SESSION WHICH COMMENCED ON WEDNESDAY, THE SECOND

OF SEPTEMBER, AND ENDED ON WEDNESDAY, THE FOURTH OF

NOVEMBER, ONE THOUSAND EIGHT HUNDRED AND

THIRTY-FIVE, {not INCLUDING THE

Revised Statutes.)

CHAP. CLIV.

An Act establishing the Office of Sergeant at Arms,
and prescribing the duties thereof.

Sec. 1. I3E i7 enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That there shall be How chosen.
forthwith chosen by the concurrent vote of the two
branches of the Legislature, and annually thereafter
in the month of January, in the same manner, an
officer who shall be called Sergeant at Arms, who
shall hold his office until another is chosen in his

556

SERGEANT AT ARMS.

Oct. 26, 1835.

among specta-
tors.

To give bond, stcacl, jurI vvlio shall give bond to the Treasurer of
the Coinmojivvealtli in the sum of two thousand dol-
lars for the faithful performance of his duties, and
to account for all monies entrusted to him for the
use of the Commonwealth.

Sec. 2. Be it further enacted, That the said
Sergeant at Arms shall, during the sessions, see that
the respective chambers and lobbies occupied bj the
Legislature are kept in good order, and that the fires
for heating the same are seasonably kindled, dili-
gently tended, and carefully extinguished, and he

Preserve order shall coustaully maintain order among the spectators
who may be admitted into the rooms in which the
respective branches hold their sittings, and take all
proper measures to prevent the interruption or dis-
turbance of either branch, or any of the committees
thereof; and for these purposes, he shall immedi-
ately after his election, appoint, subject to the ap-
proval of the presiding officers of the two branches
respectively, suitable and proper persons to be Door
Keepers to each house, who shall, during the ses-
sion, render him all necessary assistance, and per-
form generally all the duties heretofore performed
by assistant messengers ; and he shall also appoint,
subject to the like approval, such assistants to the
said Door Keepers as the two houses may respective-
ly direct ; and he shall exercise a strict superintend-
ence over all his subordinate officers, giving them
all needful directions, and taking care that they
promptly perform their several duties.

Sec. 3. Be it further enacted, That said Ser-
geant at Arms shall serve all such processes, and
execute all such orders as may be enjoined upon him
by the General Court; and he shall attend the
members or clerks of either house when they are

Appoint door-
keepers and as
sistants.

Serve processes
and execute or-
ders.

SERGEANT AT ARMS. Oct. 26. 1835. 557

charged with messages to the other house, and intro-
duce them in the usual manner. He shall have the
general charge and oversight of the State House
and its appurtenances, and he shall daily visit and Daily inspect

. I r-i aimrtmciils, &.C.

inspect all the apartments therem, (except the Sec-
retary's Office and Council Chamber, and the seve-
ral apartments therewith connected, which shall
continue, as heretofore, under the care of the Mes-
senger of the Governor and Council,) carefully ob-
serving their state and condition, and taking proper
precaution against damage being done thereto, or to
the books, papers and other property therein con-
tained, by the weather or otherwise, and he shall
take care that the chambers and lobbies occupied by
the Legislature, are kept clean and in good order
during the recesses of the General Court.

Sec. 4. Be it further enacted, That said Ser- To appoint

watcliman.

geant at Arms shall annually appomt, subject to the
approval of the Secretary and Treasurer, a Watch-
man of the State House, whom he may at any time
remove, and for whose fidelity and good conduct in
said capacity he shall be responsible : and said
Watchman shall employ, subject to the approval of
the Sergeant at Arms, a suitable person as an Assis-
tant. Said Watchman shall visit at night, all the
rooms in the State House in which fires have been
kindled during the day, and attend to their safety,
and he and his assistant shall both remain in the
State House every night, from nine o'clock in the
evening until sunrise the next morning, and main-
tain proper watch and guard for the security thereof;
and either he, or his assistant, shall, for the same watchman's du-
purpose, remain there during all other hours of the
day when the outside doors are open, so that the
State House shall at no time, by night or by day.

558 SERGEANT AT ARMS. Oct. 26, 1835.

be left unguarded. Said Watchman shall also open
and shut the outer doors of the lower floor of the
State House, and the gates, every morning and eve-
ning throughout the year, except Sabbath days, pub-
lic Thanksgivings and Fast days ; and the keys of
said outer doors and gates, and also of the several
apartments, shall be so deposited as that he may
have free and ready access to them : And said
Watchman shall keep the lower floor and entries of
the State House constantly clean and in good order,
and shall take care of the outside lamps, and attend
to lighting and cleaning the same ; and shall kindle
and keep up suitable fires in the offices of the Trea-
surer, Adjutant General, and Land Agent, and see
that said offices are kept clean and in order, and
shall execute all such other duties with regard to
said offices, as have heretofore been performed by
the Watchman and Messenger of the General Court,
in the offices of which they have had respectively
the charge, and in the performance of all the duties
of his office, the said Watchman shall be under the
control and direction of the Sergeant at Arms.
Trespass on stale gpjc. 5. Be it further eiiacted, That the said

house and yard ^ '

ID be prevented. Scrgcaut at Amis and W^atchman, and his assistant,
shall take all proper care to prevent any trespass or
damage being committed on any part of the State
House, its yards, fences, and appurtenances of every
kind, and especially that the provisions of the one
hundred and seventy-eighth chapter of the Statutes
of one thousand eight hundred and thirty-three, be
not violated, and if any trespass shall occur, and the
offender be known, the said Sergeant at Arms, or
Watchman, or assistant, shall forthwith give notice
thereof to the Attorney General or the Attorney of

SERGEANT AT ARMS. Oct, 26, 1835. 559

the Commonwealth for the County of Suffolk, in
order that such offender may be prosecuted therefor.

Sec. 6. Be it further enacted, That the said ^^''Skfor'.nis.
Sergeant at Arms shall be removeable by the Gene- <=°n''"*^*-
ral Court for misconduct, or other sufficient cause,
and for like cause, during the recess, he may be sus-
pended from office by the Governor and Council :
and any vacancy which may occur in said office dur-
ing a session of the General Court, shall be filled in
the manner prescribed in the iirst section of this
Act; and whenever a vacancy shall occur in the re-
cess, or whenever the said officer shall be suspend-
ed, the Governor and Council may appoint some
suitable person to perform the duties of the office
for the time during which such vacancy shall exist.

Sec. 7. Be it further enacted, That the said Salary, &c.
Sergeant at Arms shall have a salary of eight hun-
dred and fifty dollars per year, and the use of the
house belonging to the Commonwealth, heretofore
occupied by the Messenger of the General Court,
and the said Watchman shall have a salary of nine
hundred dollars per year, in full compensation for
the services of himself and his assistant : and said
salaries shall be paid quarterly : and the accounts of
the Sergeant at Arms for the services of the several
persons employed by him during the sessions of the
General Court, shall be laid before the Treasurer of
the Commonwealth, to be audited by him and re-
ported to the Legislature ; and no fee or reward
shall be taken by the Sergeant at Arms, or by any
person under him, for opening at any time the pub-
lic rooms in the State House, for the view and in-
spection of strangers and others.

Sec. 8. Be it further enacted, That all provis- Repealing
ions heretofore made by resolve, order, or otherwise, '^'^"'^"

560 WARREN BRIDGE. Nov. 4, 1835.

touching the duties of the Messenger of the Gene-
ral Court, and providing for keeping watch in the
State House, be and the same are hereby annulled.

[Approved by the Lieut. Governor, Oct. 26, 1835.]

CHAP. CLV.

An Act to continue in force "An Act concerning
Warren Bridge."

Sec. 1. JljE it enacted hy the Senate and House
of Representatives, in General Court assembled, and
hy the authority of the same, That " an Act concern-
Act of March ing Warren Bridge," passed March twenty-eighth,

1833 continued. ., i i*iiii ii-

m the year one thousand eight hundred and thirty-
three, be, and the same shall hereby remain in full
force and operation, until the first Wednesday of
March, in the year of our Lord one thousand eight
hundred and thirty-six. Provided, however, that the
Disposition of tolls already collected, and such as may be hereafter
iected/&^c'/ *^" collcctcd, shall be exclusively appropriated to the
repairs and maintenance of said bridge, and other
purposes relating thereto, and to the payment of all
such sums of money as may be recovered by the
proprietors of Charles River Bridge, in any suit in
law or equity, now pending or hereafter to be insti-
tuted, on account of the building, continuing, or
making free of toll the Warren Bridge.
Boston and ^^c. 2. Be it furthcr enacted, That if the city

Se'lhebridSr of Bostou aud the town of Ciiarlestown shall, on or
on'^gi^hl'g clnam bcforc the expiration of this act, give a bond to the
bonds. Treasurer of the Commonwealth, to be approved by

WARREN BRIDGE. Nov. 4, 1835. 661

the Governor and Council, and with the condition,
that the obligors therein sliall and will forever j)er-
form all the duties imposed npon th(^ Warren Bridge
Corporation, hy the third section of the act estab-
lishing the same, and shall also indemnilj and save
harmless the Commonwealth and the said Warren
Bridge Corporation, from all damages, expenses and
costs, already arisen or to arise from the suit now
pending in the Supreme Court of the United States,
between the proprietors of the Charles River Bridge
and John Skinner and others, and the final decree
or judgment thereon, and shall also pay the proprie-
tors of Charles River Bridge, such sum in damages
as may in any suit be recovered by them, for or on
account of the building, using or continuing the said
Warren Bridge, or making the same Uee of toll,
then this act shall cease, the said Warren Bridge
shall become a public highway, and the money in
the treasury, received from the tolls of said bridge,
shall be paid to the said obligors : provided, however,
that if the condition of the bond mentioned in this
section; shall be broken, to the injury of any person,
the same proceedings shall be had therein, and in
the same manner, as are provided by law in the case
of the forfeiture of the official bonds of sheriffs :
and provided, further, that if the present directors of
said Warren Bridge shall not, on the day next after
the last day of the session of tliis General Court, give
a bond to the Treasurer of this Commonwealth, con-
ditioned to do and perform the same services and du-
ties as are required in and by the proviso in the sixth
section of the act to which this is in addition, until
the bond provided for in this act shall be given, then
the third and fourth sections, and so much of the first

662 WARREN BRIDGE. Nov, 4, 1835.

section of the act to which this is in addition, as

relates to the collection of toll, shall be in full force.

Boston and Sec. 3. Be it further enacted. That the city of

Cliarlcstown may i -i • i

raise money to Boston aiid the town of Charlestovvn may give the

defray expense, _ _ .

&c. bond mentioned in the second section, and may by a

tax, assessment or otherwise, raise money to defray
the expense of performing the condition thereof.

[Approved by the Lieut. Governor, Nov. 4, 1835.]

The Revised Statutes which were passed at the
Session ending on the fourth of November, have
been published in a separate volume, agreeably to a
Resolve of the third of November, 1835.

LAWS

(2tominoutoeaU!j of M^^^^tini^tttu,

PASSED BY THE GENERAL COURT,

AT THE SESSION WHICH COMMENCED ON WEDNESDAY, THE SIXTH OF JANU-
ARY, AND ENDED ON SATURDAY, THE SIXTEENTH OF APRIL,
ONE THOUSAND EIGHT HUNDRED AMD THIRTY-SIX.

CHAP. I.

An Act to incorporate Mount Holyoke Female
Seminary.

13 E it enacted by the Senate and House
of Representatives, in General Court assevnbled, and
by the authority of the same, That William Bowdoin, persons incorpo-
John Todd, Josejjh D. Condit, David Choate and
Samuel Williston, their associates and successors,
be, and arc hereby incorporated, by the name of t^ie
Trustees of Mount Holyoke Female Semin^^ry, to
be established in South Hadley, in the County o{
Hampshire, with the powers and privileges, and
subject to the duties and liabilities provided in

rated.

664 , N. AMERICAN INS. CO. Feb. 11, 1836.

" chapter forty-fourth of the Revised Statutes, pass-
ed November fourth, in the year one thousand eight
hundred and thirty-five," and with power to hold
Estate. real and personal estate not exceeding in value one

hundred thousand dollars, to be devoted exclusively
to the purposes of education.

[Approved by the Governor, February 11, 1836.]

CHAP. II.

An Act to extend the time for paying in the Capital
Stock of the North American Insurance Company.

JI>E it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That the time wherein
the capital stock of the North American Insurance
Company is by law required to be paid in, is hereby
extended unto the thirtieth day of January, in the
year of our Lord one thousand eight hundred and
thirty-seven.

[Approved by the Governor, February 11, 1836.]

ESSEX CO. NAT. HIS. SOC. Feb. 12,1 836. 665

CHAP. III.

An Act, to incorporate the Essex County Natural
History Society.

JlJE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That Andrew Nichols, Persons incorpo-
William Oakes and William Prescott, and their as-
sociates, are hereby made a corporation, by the
name of the Essex County Natural History Socie-
ty, for the purpose of promoting the science of Nat-
ural History, with all the powers and privileges, and
subject to all the liabilities contained in the forty-
fourth chapter of the Revised Statutes of this Com-
monwealth, " passed on the fourth day of Novem-
ber, in the year one thousand eight hundred and
thirty-five," and for the purpose aforesaid may hold
real estate to the amount of ten thousand dollars,
and personal estate, exclusive of the books, papers Estate,
and articles in the cabinet of said society, to the
amount of twenty thousand dollars.

[Approved by the Governor, February 12, 1836.]

666 REVISED STATUTES. Feb. 16, 1836.

CHAP. IV.

An Act to amend the Revised Statutes, and supply
certain omissions therein.

X>E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, that the Revised Statutes shall
be amended as follows :

Sec. L The eighth chapter shall be amended,
by inserting at the end thereof four new sections, in
the words following :
Persons impris- " ^ 48. Whcu any Dcrson, who is committed to

onecl foriK)ii-p;iy- •' .

meniot taxos, prisou for thc non-pavment of taxes, shall be unable

how discharged. •' . , . . ,

to pay the same with the incidental charges, he shall
be entitled to his discharge in like manner as is pro-
vided, in the ninety-eighth chapter, for the dis-
charge of prisoners committed on execution for
debt."
Assessors, &c. to "^49. The uoticc required in such case to be

be notified. _ ^ _ -* ^

given to the creditor, shall be given to the assessors
of the place where the tax was assessed, and to the
collector by whom the party was committed ; and
the said assessors and collector, or any of them,
may appear as creditors to oppose the discharge of
the prisoner, and may do all things, in relation to
the proceedings, which a creditor might do by force
of the said ninety-eighth chapter."
Collectors when " §s 50. Whcu auv pcrsoH Committed for the

liable to pay the ^ ^ t

»ax,&c. non-payment of taxes shall be so discharged, the col-

lector shall be liable to pay the tax, with the charges
of imprisonment, unless he shall have arrested and
committed the party within one year after the tax

REVISED STATUTES. Feb. 16, 1836. 567

was committed to him to collect, or unless he shall
be exonerated therefrom by the town or parish to
which the tax is due."

"^51. — When any warrant, issued for the col- p^s of warrant,
lection of taxes hy the assessors of anj town or
parish, shall be lost or destroyed, the assessors of
the same place may issue a new warrant therefor,
which shall have the same force and effect as the
original warrant.''

Sec. 2. The twelfth chapter shall be amended
in section eleven, by inserting after the word
*' states," in the fourth line, the words " to grant
petitions for raising companies at large," and by
striking out the word " therein," in the same line,
so that the said section, as amended, shall read as
follows: "^ 11. — The Commander in Chief, with Commaiider in

/-!/-< •!• I'l chief may ar-

tne advice or the Council, is authorized to arrange range miiiiia,&c.
the militia into divisions, brigades, regiments, battal-
ions and companies, conformably to the laws of the
United States ; to grant petitions for raising compa-
nies at large ; and to make such alterations as, from
lime to time, may be deemed necessary ; and each
division, brigade and regiment shall be numbered at
the formation thereof, and a record made of such
numbers in the Adjutant General's office." The
same chapter shall be further amended, by inserting
after the word " them," in the third line of the six-
teeth section, the words following : " or shall be re-
duced to a less number than twenty privates, and
remain so reduced for three months," so that the
said sixteenth section as amended, shall read as fol-
lows : "^16. — If any company raised at large For what cause
shall, at any time, be destitute of commissioned offi- „£ mly beTs*^
cers, and having been twice ordered to fill vacancies, ''^"'^^''•
shall neglect or refuse to fill them, or shall be re-

568 PxEVISED STATUTES. Feb. 15, 1836.

duced to a less number than twenty privates, and
remain so reduced for three months, such company
may be disbanded, and the men who belonged to it
shall, in such case, be enrolled as is provided in the
fifth section."
SbrfShi" ^Ec. 3. The fourteenth chapter shall be amend-
SoTdeeds'.*^^''" ^^5 ^y inserting at the end of section one hundred
and one, the words following : " The town clerk of
each town shall record the names of the persons
voted for, and the number of votes each person had,
for Register of Deeds, and shall transmit an attest-
ed copy of such record, under seal, to the County
Commissioners, in season to be opened on the first
day of their next stated meeting. The commission-
ers shall then count the votes received from the sev-
eral towns, and give notice to the person having a
majority of all the votes, of his election to the
office of Register of Deeds." The same chapter
shall be amended in section one hundred and seven,
by Inserting after the word " County,'* in the third
line, the words " and whenever no choice shall be
made at the stated time for electing a Register of
Deeds," and in the eighth line of said section, after
the word " elected," by inserting the words " or for
the term of five years from the annual meeting
aforesaid," so that the said one hundred and seventh
section, as amended, shall read as follows : —
Same subject. "^ 107. — Whenever such a vacancy shall happen
in the office of Register of Deeds in any county, ov
in any registry district of a county, and wherein no
choice shall be made at the stated time for electing
a Register of Deeds, the commissioners shall forth-
with issue notices to the several towns of such
county, or of such registry district, respectively di-
rected to the selectmen of such towns, and requir-

REVISED STATUTES. Feb. 15, 1836. 569

ing them to notify a meeting of the legal voters of
their towns respectively, for the purpose of electing
a Register of Deeds, for the residue of the term for
which the former Register was elected, or for the
term of five years from the annual meeting afore-
said, and until another shall be chosen and qualified
in his stead, unless he. shall, within that time, be re-
moved, as provided in the one hundred and first sec-
tion of the fourteenth chapter, and such notice to
the selectmen shall prescribe the day and hour when
such meetings shall be held, and the time and place
of making returns to the said commissioners of the
number of votes, and the names of the persons
voted for : provided, that the time of making such
returns shEill never exceed thirty days from the date
of such notices."

Sec. 4. The fifteenth chapter shall be amended,
by inserting at the end thereof two new sections, in
the words following: '-^88. — When any city or wiiomayrecog

."^ . " . nizc for city or

town shall be requn-ed to enter nito a recognizance, lown.
the mayor and aldermen of the city, or the select-
men of the town, may by an order or vote author-
ize any person to enter into the recognizance in the
name and behalf of the city or town ; and such re-
cognizance shall be binding on the city or town, and
on the inhabitants thereof, like any other contract
lawfully made by such corporation." "^ 89. — No
surety shall be required in any recognizance of a
city or town."

Sec. 5. The fifty-second chapter shall be amend-
ed, by inserting at the end thereof one new section,
in the words followina' : "^5. — No person shall Fiont,„g of t.m,

o : I ber on (_ oniiecli'

cause or permit to be driven or lloated down Con- cutrive..
necticut river, any masts, spars, logs, or other tim-
ber, unless the same shall be formed and bound into

670 REVISED STA'FUTES. Feb. 15, 1836.

rafls, and pla(;ed under tli(3 ( are of" a sufijcient num-
ber of persons to govern and manage the same, so
as to prevent damage thereby ; and if any damage
shall be done to any bridge or dam upon or over the
said river, by any timber driven or floated down the
same in any manner not herein allowed, the owner
of the timber, and every person who shall cause or
])ermit the same to be so driven or floated down
said river, shall be jointly and severally liable for all
such damage, to be recovered by the party injured
in an action on the case.''

Sec. 6. The flfty-third chapter shall be amend-
ed, by inserting at the end thereof one new section,

uuniing of (iccr. in thc words following : " ^ 8. — If any person shall,
at any time of the year, hunt, chase or kill, with
hounds or dogs, any deer within the Counties of
Plymouth or liarnstable, he shall, for every such
offence, forfeit the sum of twenty dollars, to the
use of the town where the offence shall have been
committed."

Sec. 7. The sixtieth chapter shall be amended,
by inserting at the end thereof five new sections, in
the words following :

s. J. ( . may ai- u^ 33^ — Whcu auy woodland is held by one per-

lovv tenant lor ^ '' j i

life to cut lull gon for life, with remainder or reversion to another

grown trees, &.c.

in fee simple, or fee tail, and the trees thereon have
come to an ago and growth lit to be felled, and are
in such a slate that they will probably become of
less value by standing, the Supreme Judicial Court
may, on the petition of any party interested there-
in, order the trees or any part thereof to be felled
and sold.''
Same subject "^34. — The court, in such case, shall appoint

one or more commissioners, to superintend and di-
rect the felling and sale of the trees, and to account
to the court for the proceeds thereof.''

REVISED STATUTES. Feb. 1.5, 1836. 571

''^^S6. — The court mny cause the proceeds of Same subject.
such sale, after deductuis; therefrom all necessary
expenses and charges, to he invested in other real
estate, or in any public slocks, or other stocks or
funds, as shall appear most for the interest of all
concerned therein : and may appoint one or more
trustees to take and hold such estate or stocks, and
to dispose of the same, and of the interest or in-
come thereof, under the direction of the court, to
and for the use of the persons who may be entitled
to the land."

"§36. — The interest and income of the said Same subject.
proceeds shall be paid to the tenant for life, so long
as he is entitled to the profits of the land : and upon
the determination of his estate, the principal of the
said proceeds shall belong to the person who is enti-
tled to the land in fee simple or fee tail ; and the
real estate, or stocks, or funds in which the proceeds
are invested, shall be conveved and transferred to
such person accordingly." " § 37. — The court may, same subject.
from time to time, remove the said trustees, and ap-
point others in their stead ; and every such trustee
shall give bond, with sufficient sureties, to the clerk
of the court, or to such other person as the court -
shall designate, for the use and benefit of the per-
sons interested in the said proceeds, with condition
for the faithful discharge of the trust."

Sec. 8. The seventy-seventh chapter shall be
amended, by inserting at the end thereof one new
section, in the words following : " § 20. — The wife wife of award
of any man who is under guardianship, may join dianinmlkhig
with the guardian in making partition of her own rcaiest'aie.
real estate held in joint-tenancy or in common ; and
may jointly, with the guardian, make any release,
or other conveyance, necessary or proper for that

572 REVISED STATUTES. Feb. 15, 1836.

purpose, in like manner as she might have done with
her husband, if he had been under no legal disabili-

Sec. 9. The eighty-second chapter sliall be
amended by striking out from the thirty-fifth sec-
tion tliereof the words " for the county where the
suit or matter is pending, or to which the writ or
process is returnable," and inserting instead there-
of the words " of the same court for any county ;"
so that tiie said section, as amended, shall read as
Writs from follows I "§35. — All writs and processes issuing
signed, &.'c". from the Court of Common Pleas, shall be signed by
the clerk of the same court for any county ; and
may run into any county', and shall be obeyed and
executed throughout the state.''

Sfx'. 10. The said eighty-second chapter shall

be further amended by inserting at the end thereof a

CO. p. to audit jjg^y section, in the words following : " ^ 46. — The

cerlam accounts. ' ~ J

Court of Common Pleas shall receive, examine and
allow the accounts for services and expenses inci-
dent to the said court in the several counties ; and
shall order payment thereof out of the respective
county treasuries.''

Sec. 1 1 . The eighty-third chapter shall be
amended by strikiuir out the word " also'' from the
twenty-second section thereof.

Sec. 12. The ninetieth chapter shall be amend-
ed by inserting in the first clause of the seventeenth
section thereof, after the words " inhabitants of a
county,'' the words " or of the city of Boston,"
so that the said first clause, as amended, shall read
asfollows: "^ \Q. — When any corporation, other than
the inhabitants of a county, or of the City of Bos-
ton, is a party to any action, the county in which
such action may be brought, shall be determined by
the following rules, to wit."

REVISED STATUTES. Feb. 15, 1836. 673

Sec. 13. The said ninetieth cliapter shall be fur-
ther amended by inserting at the end thereof five
new sections, in the words following : " ^ 120. — All Actions ajjainsi
actions, suits and prosecutions against the city oi ion.
Boston, may be brought in the county where the
plaintiff lives, or in either of the counties of Suffolk,
Essex, Middlesex or Norfolk. "§ 121. — All ac- Actions in favor

, • 1 I • r f^ of said city, how

tions, suits and prosecutions by the city or rJoston, brought.
or by any ofiicer for the use of the said city, may
be brought in either of the four counties mentioned
in the preceding section ; but any such action, suit
or prosecution, if brought in the county of Suffolk,
may be removed to one of the said other counties in
the manner provided in the following section.
"^122. — The defendant or tenant, at the term at same subject,
which his appearance is entered, may file a motion
in writing for the removal of the suit to some other
county, and the court shall thereupon order it to be
removed to such one of the said other three coun-
ties as the attorney of the city of Boston shall elect,
to be there heard and determined in any court pro-
per to try the same ; and the attorney of the said
city shall enter the same accordingly in the court so
designated, at the then next term thereof, and shall
file therein certified copies of the writ or other pro-
cess, and of the order of removal. " ^ 123. — The same subject.
court to which the suit is so removed, shall have
jurisdiction thereof, and all the proceedings therein
shall be conducted in like manner as if the suit had
been originally commenced in that county. " § 124.
— No person shall be disqualified from acting as a
magistrate, juror, appraiser, or ofiicer of any kind, in
any suit or process in which the city of Boston is in-
terested, by reason of any interest that he may have
as an inhabitant of the said city.

574 REVISED STATUTES. Feh. 15, 1836.

Sec. 14. The one hundred and fourth chapter
shall be amended by striking out from the third sec-
tion thereof the words " party complained of," and
inserting instead thereof the word " defendant," and
by striking out from the same section the words
" filing of the complaint," and inserting instead
thereof the words " commencement of the suit ;"
so that the said section, as amended, shall read as
afL'*'threey"cars ^ollows : " § 3. — No restitution shall be made under
possession, &c. ^q provisions of this chapter of any lands or tene-
ments of which the defendant or his ancestors, or
those under whom he holds the premises, have been
in the quiet possession for three years next before
the commencement of the suit ; unless his estate
therein is ended."

Sec. 15. The one hundred and twenty-seventh
chapter shall be amended by inserting in the eighth
section thereof, after the words " established in the
state," the words "or in any other of the United
States, or in any of the British Provinces in North
America, or in any other foreign state or govern-
ment;" so that the said section, as amended, shall
Bringing into this Fcad Hs follows : " ^ 8. — Evcry person who shall

state forged bank ... , . i 1 1 i • i •

notes, &c. bring mto this state, or shall have m his possession,

any false, forged or counterfeit bill or note, in the simi-
litude of the bills or notes paj able to the bearer there-
of; or to the order of any person issued by or for
any bank or banking company established in (his
state, or in any other of the United States, or in any
of the British Provinces in North America, or in any
other foreign state or government, with intent to utter
or pass the same, or to render the same current as true,
knowing the same to be false, forged or counterfeit,
shall be punished by imprisonment in the Stale Pri-
son not more than five years, or by fine not exceed-

REVISED STATUTES. Feb. 15, 1836. 576

ing one thousand dollars, and imprisonment in the
county jail not more than one year."

Sec. 16. The said one hundred and twenty-
seventh chapter shall be further amended by insert-
ing in the ninth section thereof, after the words
" United States," the words '• or in any of the Bri-
tish Provinces in North America, or in any other
foreign state or government ;" so that the said sec-
tion, as amended, shall read as follows: " 5j 9. — Eve- Preparing tools

■^ for Corging notes^

ry person who shall engrave, make, or mend, or be- ^<^-
gin to engrave, make, or mend any plate, block, press
or other tool, instrument, or implement, or shall
make or provide any paper or other material, adapt-
ed and designed for the forging or making any false
and counterfeit note, certificate, or other bill of
credit, issued b}' lawfid authority for any debt of
this Commonwealth; or any false and counterfeit
note or bill in the similitude of the notes or bills
issued by any bank or banking company established
in this state, or within the United States, or in any
of the British Provinces in North America, or in
any other foreign state or government ; and every
person who shall have in his possession any such
plate or block engraved in any part, or any press, or
other tool, instrument, or implement, or any paper
or other material adapted and designed as aforesaid,
with intent to use the same, or to cause or permit
the same to be used, in forging or making any such
false and counterfeit certificates, bills or notes, shall
be punished by imprisonment in the State Prison not
more than ten years, or by fine not exceeding one
thousand dollars, and imprisonment in the county
jail not more than two years."

Sec. 17. The one hundred and thirty-third chap-
ter shall be amended by striking out the thirteenth

576

REVISED STATUTES.

Feb. 15, 1836.

Additional piin-
ishmeiit of a con-
vict in State's
Prison, in cer-
tain cases.

tSaine subject.

Same subject.

section, and by inserting at the end of the chapter
three new sections, in the words following : " ^ 16. —
When any person shall be convicted of any offence,
and shall be duly sentenced therefor to confinement
in the State Prison of this state, for one year or
more, and it shall be alleged in the indictment upon
which such conviction is had and admitted or prov-
ed on the trial, that the convict has before been sen-
tenced to a like punishment by any court in this
state, or in any other of the United States, for a
period of not less than one year, he shall be sen-
tenced to confinement to hard labor for a term not
exceeding seven years, in addition to the punishment
prescribed by law for the offence of which he shall
then be convicted. " ^ 17. — When any such convict
shall have twice before been sentenced to confine-
ment to hard labor for a period of not less than one
year at each time, by any court in this state, or in
any other of the United States, he shall be sentenc-
ed to confinement to hard labor for his life, or for a
term of not less than seven years, in addition to the
punishment prescribed by law for the offence of
which he shall then be convicted." '• ^ 18. — When the
last conviction in any case mentioned in the two
preceding sections, shall be had for any offence com-
mitted before this statute shall take effect, the addi-
tional punishment shall be regulated acording to the
statutes which were in force in this state at the
time when such last offence was committed, and the
sentence shall be awarded accordingly, notwithstand-
ing the repeal of those former statutes."

Sec. 18. The one hundred and forty-second
chapter shall be amended, by inserting at the end
thereof a new section, in the words following :
" ^ 14. — The Governor shall be authorized, when-

REVISED STAT[JTES. Feb. 15, 1836. 577

ever in his opinion the public good may require it, Governor may

^, , •II 1 ^ T °'''''' rewards in

to oirer and pay a suitable reward, not exceeding certain casesv
one thousand dollars in any one case, to any person
who shall, in consequence of such offer, apprehend,
bring back, and secure any person who shall be con-
victed of any capital crime, or other high crime or
misdemeanor, or shall be charged therewith, and
shall have escaped from any prison in this state ;
and he may offer and pay a like reward to any per-
son who shall, in consequence of such offer, appre-
hend and secure any person charged with any such
offence, when the person charged cannot be arrested
and secured in the common course of proceeding ;
and the Governor may, with the advice of the Coun-
cil, issue his warrant on the treasury for the pay-
ment of every such reward."

Sec. 19. The one hundred and forty-third chap-
ter shall amended, by inserting at the end thereof
three new sections, in the words following :

"^ 52. — At the opening of the Supreme Judicial jaiiListomake
Court, and of the Court of Common Pleas, in the oncTto" courts"
several counties, the jailers of the respective coun-
ties shall return to the court a list of the prisoners
in their custody, therein specifying the cause for
which, and the person by whom, they were commit-
ted ; and they shall return a like list of all persons
committed during the session of the court, in order
that the several courts may take cognizance thereof,
and, as well for the Commonwealth as the parties,
may proceed to make deliverance of such prisoners
according to law, for the crimes proper to their ju-
risdiction respectively."

"^53. — The return required by the preceding same subject.
section to be made to the Court of Common Pleas,
shall be omitted in the County of Suffolk, and, in-
73

578

REVISED STATUTES.

Feb. 15, 1836.

stead thereof, a like return shall be made to the
Municipal Court of the City of Boston."

Same subject. "^54. — Every jailer shall, together with the

said list of prisoners, produce and exhibit, for the
inspection of the said courts, his calendar or register
of prisoners ; and if any jailer shall neglect to re-
turn such list of prisoners, or to exhibit his said cal-
endar or register, as before required, he shall be
fined at the discretion of the court."

Sec. 20. The one hundred and forty-fourth
chapter shall be amended, by striking out from the
thirty-fourth section thereof, the words " at two
several times,'' and also the words " and at each
time for more," and inserting instead of the latter
words, the following, to wit : " for not less ;" so
that the said thirty-fourth section, as amended, shall

Proceedings, read as follows : " 5> 34. — Whenever the warden

when a convict IS ■'

found to have shall bc Satisfied that any convict in the state prison

been sentenced "^ _ _ _■■

to any state pris- has bcforc becu seutcnccd to imprisonment in the

on, &c. ^

same prison, or in some other state prison within the
United States, for not less than one year, it shall be
the duty of the warden to give notice thereof to the
County Attorney for the County of Suffolk, who
shall, by an information filed in the Municipal Court
of the city of Boston, or otherwise, make the same
known to the judge of the said court. And, there-
upon, such convict shall be brought before the court,
by such process or order as the judge shall direct,
to hear and answer to the said charge. If the con-
vict, by his plea or answer, shall deny the truth of
the charge, the same shall be tried by a jury, in due
course of law, who shall be instructed to inquire,
and by their verdict to find, whether the charge in
such information is or is not true.

Sec. 21. The thirtv-fifth section of the same

REVISED STATUTES. Feb, 15, 1836. 579

chapter shall be amended, by striking out the words
"for life or,'' and also tiic words " less than," and
insert instead of the latter words, the word '^ ex-
ceeding ;" so that the said thirty-fifth section, as
amended, shall read as follows : " § Sb. — If it shall Samesubjccu
appear, by confession of the convict, verdict of a
jury, or otherwise according to law, that the charge
is true, such convict shall be sentenced to imprison-
ment in the said prison for a term not exceeding
seven years, in addition to the sentence on which he
stood committed."

Sec. 22, The said one hundred and forty-fourth
chapter shall be further amended, by inserting at the
end thereof a new section, in the words following :
" § 54. — Whenever it shall appear to the warde"? Same subject.
that any convict in the state prison has been twice
before sentenced to imprisonment in the same prison,
or in any other state prison in the United States,
for a period of not less than one year at each time,
the convict shall be brought before the Municipal
Court of the city of Boston, in the manner before
provided in this chapter in the case of a convict
who has been once before sentenced as aforesaid ;
and the like proceedings as are provided in that
case, shall be bad for ascertaining the truth of the
charo-e • and if it shall thereupon appear to the
court that the charge is true, the convict shall be
sentenced to confinement to hard labor for his life,
ot for a term of not less than seven years, in addi-
tion to the sentence on which he stood committed ;
and he shall have the same right to appeal from the
judgment rendered in pursuance of this section,
as in other cases tried before the said Municipal
Court.

[Approved by the Governor, February 15, 1836.]

580 COURT OF PROBATE. Feb. 15, 1836.

CilAP. V.

All Act relating to the Court of Probate for the
County of Worcester.

Sec. 1. liE, it enacted by the Senate and House

of Representatives in General Court assembled, and

Petiiions, &c. by the anthoritu of the same, That all petitions,

wliicli were lo- ^ ^ . .

iur,^abic at wor- coninlaints, motions, notices and other matters and

cestcr Ml Fcbnia- , ^ / '

73- and a<Barre things which were to have been heard and deter-
in January, ^hall O

worcosiMolTihe ''"'"<-<^'> "f wore made returnable to the Court of
MauTr''"''^ '" I^'^hate, which by law, was to have been holden at
Worcester within and for the County of Worcester
on the first Tuesday in February in the present
year ; and also all such petitions, complaints, mo-
tions, notices, and other matters and things which
were to have been heard and determined, or were
made returnable to the Court of Probate, which by
law was to have been holden at Barre in said coun-
ty on the third Tuesday in Ja.mary in the present
year, shall be deemed to revive, continue, and be in
iijll force, and shall be returnable to and have day
in, and be acted upon by the said Court of Probate
at the regular term of said Court whkh is to be
holden at said Worcester on the first Tuesday in
March next in the same manner, and to the same
effect as if said Courts had been regularly held, and
the said petitions, complaints, motions, notices, and
other matters and tilings had been continued to thai
day ; and all parties, witnesses and others who
would have been held to appear and attend at eith-
er of the said terms of said Court, had the same

WARREN INS. CO. Feb. 20, 1836. 581

been regularly held as aforesaid, shall be holden to
appear on said first Tuesday in March next, in the
same manner, and to the same effect as if the said
courts had been regularly held, and the matters re-
turnable to and pending before the same had been
continued to said day.

Sec. 2. Be it further enacted^ That this act
shall be published in the " Massachusetts Spy,'*
" Worcester Palladium," and " Worcester Republi-
can," three newspapers printed in said Worcester,
one or more times before the said first Tuesday in
March next

[Approved by the Governor, February 15th, 1836.]

CHAP. VI.

An Act authorizing the Warren Insurance Company
to increase its capital stock.

X>E it enacted by the Senate and House of Rep-
resentatives in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. The Warren Insurance Company is
hereby authorized to increase its capital stock by
an addition thereto of an amount not exceeding one
hundred thousand dollars to be divided into shares of
one hundred dollars each, and to be collected and
paid in such instalments, and under such provisions
and penalties, as the president and directors of the
said company may appoint.

Sec. 2. When the capital stock of said compa- May insure to an

amoiuit of ten

582 REPEALING ACT. Feb. 20, 1836.

per cent, on capi- nv paid in, shall amount to one hundred and fifty

talpaidin. , i j ,, , • i •

thousand dollars, the said company may msure on
any one risk an amount not exceeding ten per cent,
of the capital so paid in.

Sec. 3. The said company may insure against
losses by fire in the customary manner.
Real estate not Sec. 4. The sald companymav purchase, hold

to exceed one I J J r '

stocif °^ *^^''''^' ^"^ convey any real estate, for the use of the said
company, not exceeding in value one fourth part of
its capital stock.

[Approved by the Governor, 17th February, 1836.]

CHAP. VII.

An Act to repeal expressly all the Acts which are
consolidated in the Revised Statutes.

xJE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. The acts repealed and intended to be
repealed by the one hundred and forty-sixth chapter
of the Revised Statutes, are, and shall be consider-
ed, those which are hereinafter mentioned and des-
cribed, that is to say :

1780. The following acts passed in the political year one

thousand seven hundred and eighty, to ivit :

An act for establishing a salary of a fixed and per-
manent value for His Excellency the Governor.

An act empowering the supreme judicial court to

REPEALING ACT. Feb. 20, 1836. 583

take cognizance of matters heretofore cognizable by
the late superior court.

An act to prevent damages being clone upon the
improved lands adjoining to Connecticut river, by
reason of timber being left thereon, by the spring
floods ; and for fixing a time for the owners to re-
move it.

An act prescribing the form of the writ of Audita
Querela, and of the proceedings thereupon.

The following act passed in the political year one nsi

thousand seven hundred and eighty-one, to wit :

An act directing the manner in which money shall
be raised and levied to defray the charges which may
arise within the several counties in this Common-
wealth.

The following acts passed in the political year one 1732.

thousand seven hwidred and eighty-two, to wit :

An act against Blasphemy.

An act establishing a supreme judicial court with-
in the Commonwealth.

An act for the repealing of one act of this Com-
monwealthj made and passed on the third day of May
last, entitled "An act providing a speedy method of
recovering debts, and for preventing unnecessary
costs attending the same ;'' and for making other
provision which may better answer the ends design-
ed by the said act.

An act to compel executors living without the
Commonwealth to settle their accounts ; and to
oblige administrators and guardians, not being in-
habitants of this Commonwealth, to give bonds with
proper sureties for the performance of the duties of
their trust.

584 REPEALING ACT. Feb. 20, 1836.

An act for encouraging the killing of wolves.

An act more effectually to enable constables and
collectors of taxes to collect assessments in certain
cases.

1783. The following acts passed in the political year one

thousand seven hundred and eighty-three, to wit :

An act to provide for the collection of taxes in
cases where the constables or collectors appointed
for that purpose have removed or may remove them-
selves out of this Commonwealth.

An act for regulating pilotage in several ports in
this Commonwealth.

An act for the admeasurement of boards, and reg-
ulating the tale of shingles, clapboards, hoops, and
. staves, and for other purposes therein mentioned.

An act to prevent the destruction of white pine
trees in this Commonwealth.

An act prescribing the manner of devising lands,
tenements, and hereditaments.

An act directing the settlement of the estates of
persons deceased, and for the conveyance of real
estates in certain cases.

An act directing the descent of intestate estates,
and for empowering the judge of probate to make
partition in certain cases.

An act directing the mode of transferring real es-
tates by deed, and for preventing fraud therein.

An act empowering the judges of probate to ap-
point guardians to minors and others.

An act for the better managing lands, wharves,
and other real estate lying in common.

An act for the speedy assignment of dower, and
for the preventing of strip and waste by tenants
therein.

REPEALING ACT. Feb. 20, 1836. 685

An act for the more easy partition of lands, or
other real estate.

An act describing the power of justices of the
peace in civil actions.

An act describing the duty and power of coroners.

An act defining the general powers and duties,
and regulating the office of sheriffs.

An act vesting certain powers in justices of the
peace in criminal cases.

An act to prevent frauds on the Massachusetts
Bank.

An act in addition to an act, entitled "an act for
the admeasurement of boards, and regulating the
tale of shingles, clapboards, hoops and staves, and
for other purposes therein mentioned.''

An act directing the issuing, extending and serv-
ing of executions.

An act prescribing the method of satisfying judg-
ments in favor of this Commonwealth.

An act to authorize the courts of law to enter up
judgment against the goods and estate of deceased
persons, when the executor or administrator neglects
or refuses to prosecute or defend.

An act for the more safe keeping the registry of
deeds and conveyances of lands, and for appointing
the time and manner of choosing registers.

An act to enable the inhabitant-s of the several
towns and plantations within this Commonwealth,
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 o{ the Commonwealth.

586 REPEALING ACT. Feb. 20, 1836.

1784. The following acts passed in the political year one
thousand seven hundred and eighty-four, to wit :

An act for the distribution of insolvent estates.

An act directing the proceedings against forcible
entry and detainer.

An act regulating bail in civil actions.

An act prescribing forms of writs in civil causes,
and directing the mode of proceeding therein.

An act regulating the exportation of flax-seed,
pot-ash, pearl-ash, beef, pork, barrelled fish, and
dried iish.

An act against adultery, polygamy, and lewdness.

An act for j)roviding and regulating of prisons.

An act to prevent the destroying and murdering
of bastard children.

An act against selling unwholesome provisions.

An act for taking away the benefit of clergy in
all cases whatsoever, and directing adequate punish-
ment for the crimes where the same used to be al-
lowed.

An act in addition to an act prescribing forms of
writs in civil causes, and directing the mode of pro-
ceeding therein.

All act against accessaries to crimes and felonious
assaulters.

An act foi annulling the distinction between the
crimes of murdtv and petit-treason.

An act directing the process in Haheus Corpus,

1785. The following acts passed tn the political year one
thousand seven hundred and eighiy-fiDe, to ivit :

An act for preventing common nuisances.

An act providing a speedy method for doing jus-
tice, when, through mistake, executions are levied
on real estate not belonging to the debtors.

REPEALING ACT. Feb. 20, 1836. 587

An act. for the filing and rnrording of wills proved
without this government, and for taking affidavits in
writing for the probate of wills in certain cases.

An act making additional provision for the punish-
ment of frauds and misdemeanors.

An act regulating the admission of attornies.

An act for regulating the exportation of tobacco
and butter, and the weight of onions in bunches, and
the size of lime casks.

An act for the more effectually preventing of tres-
passes in divers cases.

An act for repealing certain parts of an act enti-
tled "an act for regulating pilotage in several ports
in this Commonwealth," and for otherwise regulat-
ing the pilotage of the port of Newburyport.

An act empowering the selectmen of such towns
where there may be fire engines, to appoint engine
men ; and repealing the laws made for that purpose.

An act for enforcing the speedy payment of rates
and taxes, and directing the process against deficient
constables and collectors.

An act for regulating the proceedings in actions
of account.

An act for tiie choice and appointment of assess-
ors, and for assigning their powers and authority.

An act for the better securing and rendering more
effectual grants and donations to pious and charita-
ble uses.

An act for regulating fences.

An act concerning general and common fields.

An act to prevent gaming for money or other prop-
erty.

An act to prevent tenants in common, joint-ten-
ants, and coparceners, from committing waste, and
for making partition of their interests, and also di-
recting how joint tenancies shall be created.

588 REPEALING ACT. Feh. 20, 1836.

An act for the punishment of fornication, and for
the maintenance of bastard children.

An act for regulating marriage and divorce.

An act for the choice and appointment of collect-
ors of rates and taxes, and for ascertaining their
power and duty.

An act for regulating towns, setting forth their
power, and for the choice of town officers, and for
repealing all laws heretofore made for that purpose.

An act directing the time and manner of appoint-
ing county treasurers.

1786. The following acts passed in the political year one

thousand seven hundred and eighty-six, to wit :

An act regulating parishes and precincts, and the
officers thereof.

An act for the limitation of real actions.

An act for rendering the decision of civil causes
as speedy and as little expensive as possible.

An act in addition to an act entitled " an act to
prevent damages being done upon the improved
lands adjoining to Connecticut river, by reason of
timber being left thereon by the spring floods ; and
for fixing a time for the owners to remove it;" made
in the year one thousand seven hundred and eighty-
one.

An act for establishing rules and articles for gov-
erning the troops stationed in forts and garrisons,
within this Commonwealth ; and also the militia, or
any part thereof, when called into actual service.

An act to prevent routs, riots, and tumultuous as-
semblies, and the evil consequences thereof.

An act for the limitation of personal actions, and
for avoiding suits at law.

An act in addition to the act for the more easy

REPEALING ACT. Feb. 20, 1836. 589

partition of real estate, passed March the 11th, one
thousand seven hundred and eighty-four.

An act for regulating the proceedings on probate
bonds in the courts of common law ; and directing
their form in the supreme court of probate.

An act for the more safe keeping the records of
the several courts of justice and the records of
deeds within this government.

An act establishing the right to, and the form of
the writ de homine replegiando, or writ for replevy-
ing a man.

An act for the more speedy and effectual suppres-
sion of tumults and insurrections in the Common-
wealth.

An act directing the method for laying out highways.

An act making provision for the repair and amend-
ment of highways.

The following acts passed in the political year one 112,1.

thousand seven hundred and eighty-seven, to wit :

An act in addition to an act made in the year of
our Lord one thousand seven hundred and eighty-
four, entitled " an act directing the mode of trans-
ferring real estates by deed ; and for preventing
fraud therein."

An act for enabling proprietors of private ways
and bridges to repair them in equal proportion.

An act for the further regulating the assize of
barrel beef and pork.

An act for the relief of poor prisoners who are
committed by execution for debt.

An act authorizing the justices of the supreme
judicial court to license the sale of real estate by
married women, in certain cases, and for other pur-
poses in the act mentioned.

590 REPEALING ACT. Feb. 20, 1836.

An act to prevent the slave trade, and for grant-
ing relief to the families of such unhappy persons as
may be kidnapped or decoyed away from this Com-
monwealth.

An act in addition to an act passed March the
sixteenth, in the year of our Lord one thousand
seven hundred and eighty-six, entitled " an act for
the choice and appointment of collectors of rates
and taxes, and for ascertaining their power and
duty."
' An act to prevent the exportation of green or un-

manufactured calf skins, out of this Commonwealth,
by land or water.

An act for annexing fees to certain papers in the
secretary's office, and for making an appropriation
thereof.

1788. The following acts passed in the political year one

thousand seven hundred and eighty-eighty to ivit :

An act for dividing the county of Berkshire into
three districts, for the purpose of choosing registers
of deeds in the said districts.

An act empowering the justices of the supreme
judicial court to grant writs of review, in certain
cases.

An act for the ease of the citizens concerning ac-
tions upon penal statutes.

An act to .prevent fraud and perjury.

An act to confirm the doings of justices of the
peace, whose commissions have expired, or mav
hereafter expire, and be again renewed.

An act in addition to the act, " for regulating the
proceedings on probate bonds in the courts of com-
mon law, and directing their form in the supreme
court of probate."

REPEALING ACT. Feh. 20, 1836. 691

An act for erecting work-houses for the reception
and employment of the idle and indigent.

An act directing the mode of prosecuting writs of
review, after the death of any or all of the parties in
the original suit.

An act in addition to an act passed in the year of
our Lord one thousand seven hundred and eighty-
one, entitled " an act to incorporate certain physi-
cians by the name of the Massachusetts Medical So-
ciety."

An act authorizing executors and administrators
to make sale of real estate mortgaged to their testa-
tors or intestates, and such as they shall take in
execution in certain cases.

An act authorizing courts having criminal juris-
diction, to award, in certain cases, conditional sen-
tences against offenders.

An act respecting lost goods and stray beasts.

An act for limiting the time within which suits
may be prosecuted against executors and adminis-
trators, and for perpetuating the evidence of notice
given by them, and by guardians and others, res-
pecting the sale of real estate.

The following acts passed in the political year one i^sg.

thousand seven hundred and eighty-nine, to ivit :

An act directing an equal distribution of the es-
tates of intestates.

An act further to enable constables and collectors
of taxes to complete their collections in certain
cases.

An act authorizing the settlement of the claims of
executors and administrators in the probate court by
referees.

592 REPEALING ACT. Feb. 20, 1836.

An act in addition to the act regulating the ex-
portation of flax-seed and other articles, passed on
the ninth day of November, anno domini one thou-
sand seven hundred and eighty-four.

An act prescribing the form, and directing the
mode of process, to be adopted in replevying of
cattle or beasts distrained, and also of goods and
chattels.

An act to provide for the safe keeping all prison-
ers committed under the authority of the United
States, in the several gaols within this Common-
wealth.

An act making compensation to the attorney-gen-
eral of this Commonwealth for his services.

An act empowering commissioners appointed to
receive and examine the claims of the creditors to
insolvent estates, to require of, and administer to
them an oath or affirmation, the better to discover
the truth of their claims.

An act authorizing particular persons, in certain
cases to prosecute and defend suits at law.

1790. The following acts passed in the political year one

thousand seven hundred and ninety, to wit :

An act in addition to, and to explain an act passed
the tenth day of March in the year of our Lord one
thousand seven hundred and eighty-four, entitled
*' an act for the better managing of lands, wharves,
and other real estate lying in common."

An act for the relief of poor prisoners confined in
gaol for taxes.

1791.

The following acts passed in the political year one
thousand seven hundred and ninety -one, to ivit :

An act for the preservation and encouragement of
the fur trade within this Commonwealth.

REPEALING ACT. Feb. 20, 183G. 593

An act to ascertain the quality of pot and pearl
ashes, and for the more effectual inspection of the
same.

An act in addition to an act entitled " and act for
the more safe keeping the registry of deeds and
conveyances of land, and for appointing the time and
manner of choosing registers."

An act directing the manner in which inquests of
office shall be taken to revest real estate in the Com-
monwealth, or to entitle the Commonwealth there-
to.

An act in addition to an act, entitled " an act
empowering the justices of the supreme judicial
court to grant writs of review in certain cases."

An act in addition to the several laws now in
force, providing for the collection of taxes.

An act in addition to, and for repealing and alter-
ing part of an act entitled " an act for limiting the
time within which suits may be prosecuted against
executors and administrators, and for perpetuating
the evidence of notice given by them, and by guar-
dians and others, respecting the sale of real estate."

An act to prevent damage by mischievous dogs.

An act to prevent appeals, in certain cases, from
the judgment of a court of common pleas.

An act providing for the payment of costs in cri-
minal prosecutions, and for preventing unnecessary
costs therein.

An act providing for the due observation of the
Lord's day, and repealing the several laws hereto-
fore made for that purpose.

An act providing for the security of the treasury
of this Commonwealth.

An act providing a more easy and simple method
than is now in use of barring estates tail in lands,
75

594 HKPKALfNG ACT. j^e6. 20, 1836.

and for making the same liable to the payment of
the debts of the tenant in tail.

An act for making the certificates of certain offi-
cers, evidence in criminal cases.

An act in addition to an act, entitled "an act to
establish a bank in this state, and to incorporate the
subscribers thereto."

1792. The following acts passed in the political year one

thousand seven hundred and ninety-two^ to wit :

An act authorizing coroners to execute writs and
precepts when the office of sheriff may be vacant.

An act for altering an act of this Commonwealth,
entitled " an act directing the manner in which mo-
ney shall be raised and levied to defray the charges
which may arise within the several counties of this
Commonwealth."

- An act for admitting inhabitants of towns, and
certain other corporations, to be witnesses, as well
for as against such towns and corporations, in suits
at law.

An act for giving liberty to plead the general is-
sue, and give the special matter in evidence, in cer-
tain cases.

An act for providing hospitals for inoculation, and
preventing infection from the small pox, and for re-
pealing several acts heretofore made for that pur-
pose.

An act in addition to an act, entitled " an act to
ascertain the quality of pot and pearl ashes, and for
the more effectual inspection of the same," passed
the seventeenth day of June, one thousand seven
hundred and ninety-one.

REPEALING ACT. Feb, 20, 1836. 693

The following acts passed in the political year one 1793.

thousand seven hundred and ninety-three, to ivit r

An act ascertaining what shall constitute a legal
settlement of any person in any town or district
within this Commonwealth, so as to entitle him to
support therein, in case he becomes poor and stands
in need of relief; and for repealing all laws hereto-
fore made respecting such settlement.

An act to secure to owners their property in logs,
masts, spars, and other timber, in certain cases.

An act prescribing the mode of recovering forfeit-
ures of personal property liable thereto by law, and
also pecuniary forfeitures.

An act providing for the relief and support, em-
ployment and removal of the poor, and for repealing
all former laws made for these purposes.

An act in addition to the act for the limitation of
personal actions, and for avoiding suits at law, pass-
ed the thirteenth day of February, one thousand
seven hundred and eighty-seven.

The following acts passed in the political year one 1794.

thousand seven hundred and ninety four, to ivit :

An act in addition to an act, entitled " an act for
the distribution of insolvent estates."

An act for repealing an act, made and passed in
the year of our Lord one thousand six hundred and
ninety-two, entitled " an act for punishing criminal
offenders," and for re-enacting certain provisions
therein.

An act to ascertain the jurisdiction and limits of
the counties of Suffolk and Middlesex, over and
upon Charles river.

An act in addition to an act, entitled "an act con-
cerning general and common fields," passed in Feb-

b')6 KEPEALING AC'I\ Feb. 20, iSSG.

ruaiy, in llie year of our Lord one thousand seven
hundred and eighty-six.

An act lor introducing the dollar and its parts as
the money of account in this Commonwealth.

An act in addition to an act, entitled "an act pro-
viding for the payment of costs in criminal prosecu-
tions, and for preventing unnecessary costs therein."

An act in addition to an act defining the general
powers and duties, and regulating the office of sher-
iffs.

An act making provision for the erecting guide
posts upon public roads.

An act to secure to masters and mistresses, as
well as to apprentices and minor servants, bound by
deed, their mutual privileges.

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.

An act prescribing the duty of constables and col-
lectors, in certain cases, previous to the advertise-
ment of non resident proprietor's lands for sale, for
non payment of taxes ; and for perpetuating the ev-
idence of posting noiilications previous to such sales.

1795. The following acts passed in the political year one

thousand seven hundred and ninety-Jive, to wit :

An act to regulate the sale of goods at public
vendue, and to repeal all laws heretofore made for
that purpose.

An act establishing and regulating the fees of the
several ofhcers and other persons hereinafter men-
tioned ; and for repealing the laws heretofore made
for that purpose.

An act relating to the place of trial, standing
mute, and challenges, in certain capital cases.

REPKALINC ACT. Feb, 20, 1836. 697

An act directing that pews and rights in houses of
public worship, shall be considered as real estate,
and for registering the same.
An act for regulating elections.
An act directing the proceedings in actions of
debt on judgments.

An act for appointing commissioners of sewers,
and making provision for the better improvement of
low lands in certain cases.

An act to enable sheriffs, deputy sheriffs, and con-
stables, to require aid in the execution of their re-
spective offices, in criminal cases.

An act for recording births and deaths by the
clerks of towns and districts.

An act to prevent the destruction of oysters and
other shell fish in this Commonwealth.

An act for the support and regulation of mills.
An act relating to actions of ejectment and dis-
claimer, and for preventing strip and waste pending
such actions.

An act to repeal all the existing excise acts, and
to provide for the expenses of justice in the several
counties.

An act for giving to the supreme judicial court,
holden at Boston, within and for the county of Suf-
folk, original jurisdiction of certain crimes commit-
ted within the county of Nantucket.

The following acts passed in the political year one ngg

thousand seven hundred and ninety-six, to wit :

An act to amend the "act directing the manner
in which inquests of office shall be taken to revest
real estate in the Commonwealth, or to entitle the
Commonwealth thereto."

An act in further addition to an act, entitled " an
act concerning general and common fields."

598 REPEALING ACT. Feb. 20, 1836.

An act for regulating ferries.

An act for regulating drains and common sewers.

An act in addition to the several acts now in force
respecting highways.

An act to regulate the going at large of sheep and
rams, and he goats, at certain seasons of the year.

An act to prevent fraud in firewood, bark or coal
exposed for sale.

An act for the limitation of actions against sher-
iffs for the misconduct and negligence of their dep-
uties.

An act for keeping watches and wards in towns,
and for preventing disorders in streets and public
places.

An act in addition to an act, entitled " an act for
regulating pilotage in several ports in this Common-
wealth," and for otherways regulating the pilotage
of the port of Boston.

An act for the extinguishment of fire, and to di-
rect the proceedings thereat.

An act in addition to an act, entitled " act pro-
viding for the due observation of the Lord's day,
and repealing the several laws heretofore made for
that purpose."

An act in addition to an act, entitled " an act es-
tablishing a supreme judicial court within the Com-
monwealth."

1797. The following acts passed in the political year one

thousand seven hundred and ninety-seven, to wit :

An act in addition to an act, entitled "an act in
addition to an act, entitled an act for regulating pi-
lotage in several ports in this Commonwealth, and
for otherways regulating the pilotage of the port of
Boston."

REPEALING ACT. Feb. 20, 1836. 599

An act to enable the treasurer of this Common-
wealth, and the treasurers of" counties, towns, and
other corporations for the time being, to commence
and prosecute suits at law, upon securities given
to their predecessors.

An act to prevent the spreading of contagious
sickness.

An act for removing doubts which have arisen in
the construction of an act passed in the year of our
Lord one thousand seven hundred and eighty- four,
entitled "an act describing the power of justices of
the peace."

An act to exempt people called quakers, from
paying taxes for the support of public worship.

An act in addition to an act, entitled " an act di-
recting the method for laying out highways."

An act prescribing the mode of taking depositions,
and administering oaths and affirmations.

An act relating to suits against defendants out of
the state, also to giving notice to defendants sued.

An act in addition to an act, entitled " an act for
the support and regulation of mills."

The following acts passed in the political year one ngs.

thousand seven hundred and ninety-eighty to wit :

An act in addition to an act 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 pro-
cess of law."

An act in addition to the act, entitled " an act to
prevent the destruction of oysters and other shell
fish in this Commonwealth."

An act more efifectually to prevent the pernicious
practice of gaming.

600 REPEALING ACT. Feb. 20, 1836.

An act in addition to the several laws regulating
elections.

An act to prevent profane cursing and swearing.

An act in addition to an act entitled " an act di-
recting that pews and rights in houses of public
worship shall be considered as real estate, and for
registering the same."

An act in addition to an act made and passed in
the year of our Lord one thousand seven hundred
and ninetj-one, entitled " an act directing the man-
ner in which inquests of office shall be taken to re-
vest real estate in the Commonwealth, or to entitle
the Commonwealth thereto."

An act in addition to an act, entitled " an act to
prevent damage bj mischievous dogs'' passed Feb-
ruary twenty-fifth, one thousand seven hundred and
ninety-two.

An act enabling proprietors of aqueducts to man-
age the same.

An act providing for the safe keeping the records
of the several notaries public in this Commonwealth.

An act in addition to an act, entitled " act for
giving remedies in equity."

1799.

The following acts passed in the political year one
thouscmd seven hundred and ninety-nine, viz :

An act in addition to an act entitled " an act to
regulate the going at large of sheep and rams, and
he-goats at certain seasons of the year," passed the
seventh day of March, in the year of our Lord one
thousand seven hundred and ninety-seven.

An act in addition to an act entitled " an act to
prevent the destruction of oysters and other shell
fish in this Commonwealth."

REPEALING ACT. Feh. 20, 1836. 601

An act to explain an act entitled " an act against
hawkers, pedlars and petty chapmen."

An act in addition to an act entitled " an act to
prevent fraud in firewood, bark or coal exposed to
sale," made and passed March seventh, one thou-
sand seven hundred and ninety-seven.

An act to regulate the weighing of beef and pork.

An act to restrain unincorporated banking associ-
ations, and to prevent the issuing of small bank
notes.

An act in addition to an act entitled " an act for
enforcing the speedy payment of rates, and direct-
ing the process against deficient constables and col-
lectors."

An act giving a remedy in law against the execu-
tors and administrators of deceased debtors, in joint
contracts.

An act in addition to an act entitled " an act to
prevent the spreading of contagious sickness."

An act for the due regulation of weights and meas-
ures.

An act to encourage the manufacture of leather,
boots, half boots, shoes, pumps, sandals, slippers and
goloshoes, and to prevent fraud therein.

An act to regulate the inspection of beef intended
to be exported from this Commonwealth.

An act in addition to an act entitled " an act to
prevent common nuisances."

An act in addition to an act entitled " an act for
the support and regulation of mills."

An act to establish a municipal court in the town
of Boston.

An act to empower assessors, in certain cases, to
renew warrants to constables or collectors.

602 REPEALING ACT. Feh. 20, 1836.

An act to ascertain the quality of butter, and for
the more efTectual inspection of the same.

^^^- The following acts passed in the political year one

thousand eight hundred, to wit :

An act to ascertain the quality of hogs' lard, and
making further provision for the inspection of butter.

An act to authorise the use of the vibrating steel-
yard.

An act for relieving the county of Suffolk, in the
choice and service of jurors, and for further regulat-
ing the administration of justice therein.

An act in addition to an act entitled " an act for
the due regulation of weights and measures."

An act in further addition to an act entitled "an
act to ascertain the quality of butter, and for the
more effectual inspection of the same," and to the
act entitled "an act to ascertain the quality of hogs'
lard, and making further provision for the inspection
of butter."

An act in addition to the several acts for regulat-
ing elections.

An act for regulating the manufacture and sale of
bread.

1801. The following acts passed in the political year one

thousand eight hundred and one, to wit :

An act providing for the appointment of agents
for demanding and receiving fugitives from justice,
and for defraying the expense of transporting them
from other states in the Union to this Common-
wealth.

An act directing the proceedings for the speedy
removal of nuisances.

REPEALING ACT. Feb. 20, 1836. 603

An act in addition to an act entitled " an act to
regulate the inspection of beef intended to be ex-
ported from this Commonwealth."

An act more effectually to secure fire-engines from
being injured.

An act for carrying into execution more effectu-
ally the by-laws of the several towns within this
Commonwealth.

An act to authorise the Governor, in certain cas-
es, to offer a reward for the apprehending and secur-
ing persons escaping from prison, and for other pur-
poses.

An act to regulate the inspection of pork intend-
ed to be exported from this Commonwealth.

An act in addition to an act enabling proprietors
of private ways and bridges to repair them in equal
proportions.

The foUoiving acts passed in the political year
one thousand eight hundred and two, to wit :

An act in addition to an act entitled " an act in
addition to an act passed the nineteenth of June, one
thousand eight hundred and one, to regulate the in-
spection of beef intended to be exported from this
Commonwealth."

An act in addition to an act entitled " an act di-
recting the mode of transferring real estates by deed,
and for preventing frauds therein."

An act in addition to an act entitled " an act to
exempt the people called Quakers from paying tax-
es for the support of public worship," passed the
twenty-third day of June, in the year of our Lord
one thousand seven hundred and ninety-seven.

An act in addition to, and amendment of an act,
entitled " an act directing the method for laying out
highways."

1802.

604 REPEALING ACT. Feb. 20, 1836.

An act to prevent the wilful destruction and cast-
ing away of ships and cargoes.

^^0^- The following acts passed in the political year one

thousand eight hundred and three ^ to ivit :

An act to regulate the manufacture of chocolate
in this Commonwealth, to prevent deception in the
quality and exportation thereof, and to repeal a law
for that purpose, passed March the eighth, one thou-
sand eight hundred and three.

An act in addition to an act, entitled " an act to
prevent damages being done upon the improved lands
adjoining Connecticut river, by reason of timber be-
ing left thereon by the spring floods, and for fixing a
time for the owners to remove it," made in the year
of our Lord one thousand seven hundred and eighty-
one.

An act respecting conditional pardons.

An act in addition to an act, entitled "an act reg-
ulating bail in civil actions."

An act providing for the appointment of a report-
er of decisions in the supreme judicial court.

An act to regulate the taking of mackerel and to
prevent the destruction of the same.

An act to repeal in part, and making further addi-
tions to an act entitled " an act to regulate the in-
spection of beef, intended to be exported from this
Commonwealth."

An act in addition to an act, entitled "an act for
the due regulation of weights and measures."

An act making provision for the payment of costs
in laying out turnpike roads.

REPEALING ACT. Feb. 20, 1836. 605

The following acts passed in the political year one 1804.

thousand eight hundred and four, to wit :

An act in addition to an act, entitled " an act to
secure to owners their property in logs, masts, spars
and otiier timber, in certain cases.''

An act in addition to an act, entitled " an act pro-
viding a more easy and simple method than is now
in use of barring estates tail in lands, and for mak-
ing the same liable to the payment of the debts of
the tenant in tail."

An act in addition to an act, entitled "an act for
the relief of poor prisoners who are committed on
execution for debt."

An act to provide for the proof of fire-arms man-
ufactured within this Commonwealth.

An act directing the mode of attaching on mesne
process, and selling by execution, shares of debtors
in incorporated companies.

An act providing for the regular discharge of
mortgages made to the Commonwealth.

An act making further provision in the judicial
department.

An act in addition to an act, entitled " an act in
addition to an act entitled an act in addition to the
several acts for regulating elections, and for repeal-
ing the first section of said act."

An act against forgery and counterfeiting.

An act in addition to an act to regulate the in-
spection and exportation of pork, passed March the
eleventh, one thousand eight hundred and two, and
to repeal a part of the same.

An act providing for the punishment of the crimes
of murder, manslaughter, felonious maims and as-
saults, and duelling, and for the prevention thereof.

An act defining the general powers and duties of
turnpike corporations.

606 REPEALING ACT. Feb. 20, 1836.

An act providing for the punishment of incendia-
ries, and the perpetrators of other malicious mis-
chiefs.

An act against sodomy and bestiality.

An act to prevent the circulation of private notes,
bills, orders and checks, under five dollars.

An act providing for the punishment of the crimes
of robbery and other larcenies, and for the preven-
tion thereof.

1305. The following acts passed in the political year one

thousand eight hundred and five ^ to wit :

An act for limiting the times within which writs
of error shall be brought for the reversing of any
judgments.

An act prescribing the manner of proving private
acts and resolves of this Commonwealth, in courts
of law.

An act to annex the town of Hinsdale to the mid-
dle district, for the registry of deeds, for the county
of Berkshire.

An act in addition to an act, entitled "an act reg-
ulating marriage and divorce."

An act to increase the fees of grand and petit ju-
rors and witnesses in criminal causes.

An act to enable the proprietors of social libraries
to manage the same.

An act for continuing an act, entitled " an act
providing for the appointing of a reporter of decis-
ions in the supreme judicial court."

An act in addition to an act, entitled " an act
empowering the selectmen of such towns where
there may be fire engines, to appoint engine men,
and repealing the laws heretofore made for that pur-
pose."

REPEALING ACT. Feb. 20, 1836. 607

An act to repeal divers laws respecting crimes
and offences.

An act regulating the descent and distribution of
intestate estates.

An act providing for tlie punishment of the crime
of rape, and for the prevention thereof.

An act for regulating the proceedings in suits upon
sheriffs' bonds, for the use of any person or persons
who are or may be entitled to the benefit of the
same.

An act to exempt certain goods and chattels of
debtors from attachment and execution.

An act providing for the punishment of the crimes
of burglary, and other breaking and entering of
buildings.

The following acts passed in the political year one isoe.

thousand eight hundred and six, to ivit :

An act establishing the salaries of the justices of
the supreme judicial court.

An act amendatory of the acts to regulate the
manufacture of nails.

An act to provide for the inspection of hops for
exportation.

An act in addition to an act, entitled " an act de-
scribing the duty and power of coroners," and for
repealing an act passed the seventh day of March,
eighteen hundred and six.

An act in addition to an act, entitled " an act to
enable the proprietors of social libraries to manage
the same."

An act enlarging the powers and duties of the
guardians of persons who spend or waste their es-
tates by excessive drinking, idleness, gaming, or de-
bauchery.

608 REPEALING ACT. Feb. 20, 1836.

An act extending the time in certain cases that
goods and estates attaqhed upon mesne processes,
for the security of the debt or damage sued for,
shall be held.

1807. The folloiving acts passed in the political year one

thousand eight hundred and seven, to ivit :

An act respecting the offices and duties of the
attorney general, solicitor general, and county attor-
nies.

An act to prevent fraud and deception in curing
and packing smoked alevvives and herrings, and to
regulate the size and quality of the boxes, and the
exportation thereof from this Commonwealth.

An act in addition to an act, entitled " an act
regulating parishes, precincts, and the officers there-
of."

An act for the limitation of certain real actions,
and for the equitable settlement of certain claims
arising in real actions.

An act in addition to an act, entitled " an act de-
fining the general powers and duties of turnpike
corporations.''

An act in addition to an act, entitled " an act de-
scribing the power of justices of the peace in civil
actions," passed the eleventh day of March, seven-
teen hundred and eighty-four.

An act regulating the selections, the empannelling,
and the services of grand, traverse, and petit-jurors,
and repealing such laws, or clauses of laws, touch-
ing these subjects, so far as they are provided for by
this act.

REPEALING ACT. Feb. 20, 1836. 609

The following acts passed in the political year one isos.

thousand eight hundred and eight, to wit :

An act regulating tho commencement of certain
actions, in which the inhabitants of the town of
Boston, in the county of Suffolk, shall be a party.

An act to empower the several towns in this Com-
monwealth to excuse such of their inhabitants as
are engine-men, from serving as jurors in any court
within this Commonwealth.

An act in addition to an act, entitled " an act to
prevent the destruction of oysters and other shell-
fish in this Commonwealth."

An act in addition to an act defining the general
powers and duties, and regulating the office of sher-
iff.

An act authorizing the several courts of common
pleas in this Commonwealth to allow accounts and
order payment, for services and expenses incident to
said courts.

An •a.ct in addition to " an act directing the pro-
cess in habeus corpus."

An act to authorize judges of probate to remove
executors, administrators and guardians, in certain
cases.

An act requiring the several incorporated banks
in this Commonwealth to adopt the stereotype steel
plate in certain cases, and for other purposes.

The following acts passed in the political year one i809.

ihousatid eight hundred and nine, to wit :

An act in addition to the act establishing the sala-
ries of the justices of the supreme judicial court.

An act supplementary to the act for providing and
regulating of prisons.

610 REPEALING ACT. Feb. 20, 1836.

An act to regulate the manufacture and inspection
of stone lime and lime casks.

An act in addition to an act, entitled " an act for
the limitation of certain real actions, and for the
equitable settlement of certain claims arising in real
actions.''

An act limiting the time of payment of costs al-
lowed in criminal prosecutions, and for other pur-
poses.

An act for continuing an act, entitled " an act
providing for the appointing of a reporter of deci-
sions in the supreme judicial court."

An act for regulating, governing and training the
militia of this Commonwealth.

An act to diffuse the benefits of inoculation for
the cow-pox.

An act to prevent fraud and deception in the
packing of pickled fish, and to regulate the size and
quality of the casks, and the sale and exportation
thereof within and from this Commonwealth, and to
repeal all laws heretofore made on this subject.

An act in addition to an act, entitled "an act for
the more speedy and effectual suppression of tumults
and insurrections in the Commonwealth."

An act in addition to the several laws regulating
elections.

An act directing the place where actions by or
against a county may be commenced and prosecuted.

1810

Tliefollowing acts passed in the political year one
thousand eight hundred and ten, to ivit :

An act granting relief to defendants in actions of
scire facias, in certain cases.

An act to direct officers in the levy of executions.

An act for the relief of poor debtors.

REPEALING ACT. Feb. 20, 1836. 611

An act in addition to an act, entitled "an act for
providing and regulating of prisons."

An act further regulating divorces.

An act for the relief of j)ersons who are scrupu-
lous about takino; oaths.

An act in addition to an act, entitled " an act to
regulate the manufacture and inspection of stone
lime and lime casks," passed thp twenty-seventh
day of February, in the year of our Lord one thou-
sand eight hundred and ten.

An act to enforce the satisfaction and payment of
executions and warrants of distress, against certain
corporations.

The following acts passed in the political year isn.

one thousand eight hundred and eleven, to wit :

An act respecting public worship and religious
freedom.

An act providing for the appointment of clerks of
the courts in the several counties, and for the safe
keeping of the judicial records and files, and for oth-
er purposes.

An act regulating the choice of town officers and
town meetings.

An act to prohibit certain officers of courts from
buying promissory notes and other demands, for the
purpose of making a gain or profit in the collection
thereof.

An act to direct the time and manner of exhibit-
ing the accounts of county treasurers, and the esti-
mates for county taxes.

An act directing the manner of conveyance to be
used by counties in purchasing and disposing of
lands.

An act to regulate prisons within this Common-
wealth.

612 REPEALING ACT. Feb. 20, 1836.

An act directing the secretai7 of this Common-
wealth to give any certificates which may be neces-
sary to procure the release of American seamen, free
of any charge.

An act defining the duties of sheriffs, coroners,
and constables, in certain cases.

An act subjecting the real estate of banking cor-
porations to be taken in execution, and sold at pub-
lic auction, for the payment of their debts.

An act determining the places for holding the
courts of probate, and the town in which the regis-
ter of probate shall keep his office, within and for
the county of Franklin.

An act providing for the safe keeping of the re-
cords in the offices of the register of deeds, and of
the registers of probate, in the several counties within
this Commonwealth.

An act in addition to an act, entitled " an act to
regulate prisons within this Commonwealth."

An act appropriating certain fines for the repair-
ing of highways and bridges.

1812.

The followins^ acts passed in the political year one
thousand eight hundred and twelve, to wit :

An act in addition to an act, entitled, " an act
appropriating certain fines for the repairing of high-
ways and bridges."

An act supplementary to the act respecting the
evidence of notice, by administrators and others of
the sale of real estate.

An act respecting bailable offences.

An act in addition to an act, entitled " an act for
dividing the county of Hampshire, and erecting and
forming the southerly part thereof into a separate
county, by the name of Hampden."

REPEALING ACT. Feb, 20, 1836. 613

An act in addition to an act, entitled " an act for
dividing the county of Berkshire into three districts,
for the purpose of choosing registers of deeds in the
said districts."

Kn act in addition to an act, entitled " an act for
the speedy assignment of dower, and for the pre-
venting of strip and waste by tenants therein."

An act in further addition to an act, entitled
" an act directing the method for laying out high-
ways."

An act in addition to an act, entitled " an act for
regulating, governing, and training the militia of this
Commonwealth."

An act to enlarge the jurisdiction of the munici-
pal court in the town of Boston.

An act authorising certain punishments in cases
therein mentioned.

An act to prevent towns from choosing and return-
ing more than their constitutional number of repre-
sentatives.

An act in addition to, and for repealing the first
section of an act, entitled " an act regulating the
selection, the empannelling, and the services of
grand, traverse, and petit juries, and repealing all
laws, or clauses of laws, touching these subjects, so
far as they are provided for by this act."

An act against perjury, and subornation of per-

An act in addition to an act, entitled " an act to
prevent damage by mischievous dogs."

The foUoiving acts passed in the political year one
thousand eight hundred and thirteen, to wit :

An act in addition to, and explanation of an act,
entitled " an act establishing and regulating the

1813,

614 REPEALING ACT. Feb. 20, 1836.

fees of the several officers, and other persons here-
after mentioned, and for repealing the laws hereto-
fore made for that purpose."

An act relating to the office of the secretary of
the Commonwealth.

An act regulating the sale of indian and rje meal.

An act more effectually to secure the rights of
suffi'age.

An act declaratory of the true intent and meaning
of an act to provide for the safe keeping all prison-
ers committed under the authority of the United
States in the several gaols within this Common-
wealth.

An act empowering the stockholders of banks,
within this Commonwealth, to alter, amend, and
annul their by-laws.

An act respecting the times and places for holding
the courts of probate in the county of Hampshire.

An act in further addition to an act, entitled " an
act defining the general power and duty of turnpike
corporations."

An act making further provision for regulating pi-
lotage in the port of Salem.

An act to establish the place for keeping the rec-
ords of the probate court, in the county of Barnsta-
ble.

An act in addition to an act, entitled " an act ex-
empting certain goods and chattels of debtors from
attachment and execution."

An act concerning suits in behalf of the Common-
wealth.

An act in addition to an act, entitled " an act in
addition to an act, defining the general powers and
duties, and regulating the office of sheriff," and for
extending the provisions thereof to coroners.

REPEALING ACT. Feb. 20, 1836. 615

An act in addition to an act, entitled " an act to
provide for the proof" of fire-arms, manufactured
within this Commonwealth."

An act to prevent frauds in elections.

The following acts passed in the political year one i8i4.

thousand eight hundred and fourteen, to ivit :

All act ill addition to an act to regulate the sale
of goods at public vendue.

An act repealing an act, entitled " an act sup-
plementary to an act, entitled an act for regulating,
governing and training the militia of this Common-
wealth."

An act in further addition to an act, entitled " an
act for regulating, governing and training the militia
of this Commonwealth."

An act to establish the pay and rations of the mi-
litia, while in actual service, and the allowance to
be made to them for arms, equipments and clothing,
when furnished by themselves.

An act in addition to the several acts authorizing
the sale of real estates by executors, administrators
and guardians.

An act to authorize the appointment of surgeons
in certain cases.

An act to provide for the safe lieeping of the en-
trenching tools of this Commonwealth.

An act in addition to an act, entitled " an act
against forgery and counterfeiting."

An act in addition to the act, entitled " an act for
regulating, governing and training the militia of this
Commonwealth."

An act to protect minors, and to secure the rights
of parents, guardians, and masters.

616 REPEALING ACT. , Feh. 20, 1836.

An act to prevent damage to bridges and dams
across Connecticut river in this Commonwealth.

An act to regulate the custody of shipwrecked
goods, and to preserve them for their owners.

An act establishing a law term of the supreme ju-
dicial court, to be holden within and for the counties
of Plymouth and Bristol.

An act in further addition to an act, entitled "an
act for the support and regulation of mills."

An act in addition to the several acts defining the
general powers and duties of turnpike corporations.

An act providing compensation to militia officers,
in certain cases.

1815. The following acts passed in the political year one

thousand eight hundred andffteen, to wit :

An act in addition to the several acts now in force
to regulate the inspection of beef and pork, to be
exported.

An act appointing the places where the probate
courts for the county of Hampden shall be holden.

An act in addition to an act, entitled " an act to
regulate the sale of goods at public vendue, and to
repeal all laws heretofore made for that purpose.''

An act respecting clerks of courts.

An act requiring certain public inspectors to make
annual returns.

An act in addition to the act establishing a law
term of the supreme judicial court within and for
the counties of Plymouth and Bristol.

An act to regulate the practice of law in certain
cases.

An act to regulate the quality of paper for books
of public record.

REPEALING ACT. Feb. 20, 1836. 617

An act in addition to an act, entitled " an act for
the punishment of rape, and for the prevention of
the same."

An act making further provision in the judicial
department.

An act in addition to an act, entitled " an act to
regulate the weight of beef and pork."

An act in addition to an act, entitled " an act reg-
ulating the commencement of certain actions in
which the inhabitants of the town of Boston, in the
county of Suffolk, shall be a party."

An act making provision for the holding of a term
of the supreme judicial court in the counties of
Franklin and Hampden, and for altering the time of
holding the same in the counties of Hampshire and
Berkshire.

An act in addition to the several acts now in force
to regulate the inspection of butter and lard to be
exported.

An act in addition to the several laws now in
force, providing for the collection of taxes.

An act for promoting the sale and settlement of
the public lands in the district of Maine.

An act in addition to an act, entitled " an act in
addition to an act, entitled an act providing for the
due observation of the Lord's day, and repealing the
several laws heretofore made for that purpose."

An act for the suppression and punishment of
cheats.

An act in addition to the several acts for giving
remedies in equity.

An act establishing the salary of the adjutant
general.

618 RP: PEALING ACT. Feb. 20, 1836.

1S16. The following acts passed in the political year one

thousand eight hundred and sixteen, to wit :

All act to enforce the rendition of an account of
fees of office.

An act extending the powers of the justices of
the supreme judicial court in certain cases.

An act in addition to the act for regulating, gov-
erning and training the militia of this Common-
wealth.

An act in further addition to an act, entitled "an
act for the relief of poor prisoners, who are com-
mitted by execution for debt.''

An act to authorize the use of the vibrating steel-
yard.

An act to authorize the supreme judicial court to
grant leave to claimants upon insolvent estates to
institute suits in certain cases.

An act concerning dower.

An act in addition to the several acts concerning
probate bonds.

An act authorizing judges of probate to make al-
lowances to widows of persons deceased whose es-
tates are insolvent.

An act concerning jurors in the county of Suffolk.

An act in addition to an act, entitled "an act for
the relief of poor debtors."

1817. The following acts passed in the political year one

thousand eight hundred and seventeen, to wit :

An act to extend the powers and duties of sher-
iffs, coroners and constables, in certain cases.

An act in addition to the several acts concerning
the curing, packing and exportation of smoked and
pickled fish.

An act vesting further powers in the supreme ju-

REPEALING ACT. Feb. 20, 1836. 619

dicial court, respecting amendments on review, and
the return of writs of venire facias.

An act in addition to an act, entitled " an act in
addition to the several laws now in force, providing
for the collection of taxes."

An act explanatory of an act, entitled " an act
regulating the choice of town officers, and town
meetings."

An act in addition to the several laws now in
force to secure to owners their property in logs,
masts, spars, and other timber.

An act for giving further remedies in equity.

An act establishing the compensation of witnesses.

An act concerning constables.

An act to prevent the destruction of certain use-
ful birds at unseasonable times of the year.

An act in addition to an act, entitled " an act ex-
empting certain goods and chattels of debtors from
attachment and execution."

An act to define the powers, duties and restric-
tions of insurance companies.

An act regulating the sale of salt and grain.

An act regulating the practice of physic and sur-
gery.

An act in addition to the several acts defining the
powers and duties of turnpike and bridge corpora-
tions.

An act for facilitating trials in civil causes.

An act to encourage the destruction of bears,
wolves and other mischievous animals.

An act further to provide for the payment of costs
in criminal prosecution.

An act in addition to " an act regulating bail in
civil actions."

An act in addition to an act, entitle^d " an act to

620 REPEALING ACT. Feb. 20, 1836.

enable creditors to receive their just demands out of
the goods, effects and credits of their debtors, when
the same cannot be attached hy the ordinary process
of law."

An act regulating the packing and selling of pa-
per, within this Commonwealth, and for repealing an
act heretofore made on that subject.

An act to prevent the destruction of white pine
and other forest trees in this Commonwealth.

An act in addition to an act, entitled " an act pre-
scribing the mode of taking depositions and admin-
istering oaths and affirmations."

An act directing the mode of selling real estate
lying within this Commonwealth belonging to per-
sons living without the same.

An act further regulating parish and precinct
meetings.

An act concerning poor prisoners, and other per-
sons.

An act concerning plates for printing bank notes.

An act authorizing the proprietors of churches,
meeting houses, and other houses of public worship,
to regulate and manage their property and interest
therein.

An act to regulate the jurisdiction and proceed-
ings of the courts of probate.

1818.

The folloioing acts passed in the political year one
thousand eight hundred and eighteen^ to ivit :

An act in further addition to " an act establishing
a law term of the supreme judicial court, to be hol-
den within and for the counties of Plymouth and
Bristol."

An act in addition to the act, entitled " an act for
the more effectually preventing of trespasses in di-
vers cases."

REPEALING ACT. Feb. 20, 1836. 621

An act in further addition to an act, entitled " an
act concerning general and common fields."

An act to amend an act, entitled " an act con-
cerning plates for printing bank notes."

An act in addition to an act, entitled " an act em-
powering the judges of probate to appoint guardians
to minors and others."

An act to prevent the waste and destruction of
timber and cord wood.

An act to establish the salaries of certain officers
therein named.

An act in further addition to an act for giving
remedies in equity.

An act in addition to an act, entitled " an act
against forgery and counterfeiting. *'

An act in addition to the acts concerning the sale
of real estate by administrators, executors and guar-
dians.

An act in addition to an act, entitled "an act reg-
ulating the practice of physic and surgery."

An act for the encouragement of agriculture and
manufactures.

An act in addition to the several acts now in
force, directing the manner of levying executions on
real estate.

An act in addition to the several acts now in force,
respecting highways.

An act to encourage trade and navigation within
this Commonwealth.

An act making further provision for the punish-
ment of robbery, manslaughter and felonious as-
saults.

622 REPEALING ACT. Feb. 20, 1836.

1819. The following acts passed in the political year one

thousand eight hundred and nineteen, to wit :

An act respecting packing pickled fish.

An act in addition to an act, entitled " an act for
the providing and regulating of prisons."

An act in furtherance of good discipline in the
colleges of this Commonwealth.

An act regulating damages on inland bills of ex-
change.

An act in addition to the several acts concerning
corporations.

An act in addition to the acts relative to high-
ways.

An act making further provision for calling meet-
ings of the stockholders of banks and insurance com-
panies.

An act in addition to an act entitled " an act di-
recting the mode of attaching on mesne process, and
selling by execution, shares of debtors in incorporat-
ed companies."

An act to relieve towns from the expenses of sup-
porting persons imprisoned for debt.

An act in addition to an act entitled " an act for
the relief of poor prisoners, who are committed by
execution for debt.''

An act authorizing the several insurance compa-
nies in this Commonwealth to insure against fire.

An act in further addition to an act entitled " an
act for the limitation of certain real actions, and for
the equitable settlement of certain claims, arising in
real actions."

An act for establishing the compensation for pilot-
ing vessels through the Vineyard sound, over Nan-
tucket shoals, in certain cases.

REPEALING ACT. Feh. 20, 1836. &2S

An act securing to mechanics and others payment
for their labor and materials expended in erecting
and repairing houses and other buildings with their
appurtenajices.

An act in addition to an act entitled *' an act di-
recting the settlement of the estates of persons de-
ceased, and for the conveyance of real estate in cer-
tain cases."

An act to prevent the introduction of paupers
from foreign ports or places.

The following acts passed in the political year one ism

thousand eight hundred and twenty, to wit :

An act concerning the meetings of proprietors of
general and common fields.

An act in addition to an act entitled " an act reg-
ulating damages on inland bills of exchange."

An act to establish the terms of the supreme judi-
cial court.

An act to exempt students from military duty.

An act to correct and improve the method of in-
specting butter and lard in this Commonwealth.

An act in addition to the several acts regulating
the inspection of beef and pork intended to be ex-
ported from this Commonwealth.

An act concerning hawkers, pedlars and petty
chapmen.

An act in addition to an act for the encourage-
ment of agriculture and manufactures.

An act for apprehending offenders in any county.

An act in addition to an act entitled " an act in
addition to an act entitled an act empowering the
justices of the supreme judicial court to grant writs
of review, in certain cases."

624 REPEALING ACT. Feb. 20, 1836.

An act further to regulate the jurisdiction and pro-
ceedings of the courts of probate.

An act respecting cases of divorce and alimony.

An act establishing the law of the road.

An act regulating the number and compensation
of the clerks in the offices of the secretary and treas-
urer of the Commonwealth.

An act to establish a court of common pleas for
the Commonwealth of Massachusetts.

An act to exempt certain officers of the Massa-
chusetts general hospital from military duty.

An act in addition to an act entitled " an act to
establish a court of common pleas for the Common-
wealth of Massachusetts.''

An act to transfer the duties of the quarter master
general to the adjutant general, and to reduce the
compensation of certain officers therein named.

1821.

The following acts passed in the political year one
thousand eight hundred and twenty-one, to wit :

An act to prevent the destruction of birds on salt
marshes at particular times of the year.

An act in addition to an act to relieve towns from
the expenses of persons imprisoned for debt.

An act in further addition to an act entitled " an
act to establish a court of common pleas for the
Commonwealth of Massachusetts."

An act relative to filling any vacancy in the office
of secretary or treasurer of the Commonwealth.

An act to provide for the discharge of officers in
the militia.

An act respecting the courts of probate in the
county of Norfolk.

An act in addition to an act entitled " an act de-
termining the places for holding the courts of pro-

REPEALING ACT. Feb. 20, 1836. 625

bate, and the town in which the register of probate
shall keep his office, within and for the county of
Franklin."

An act in addition to an act, entitled " an act to
ascertain the quality of pot and pearl ashes, and for
the more effectual inspection of the same."

An act in addition to an act, entitled " an act reg-
ulating parishes and precincts, and the officers there-
of."

An act in addition to an act, entitled " an act for
the distribution of insolvent estates."

An act to regulate the admeasurement of timber.

An act making further provision for the redemp-
tion of mortgages.

An act in further addition to an act, entitled " an
act for regulating, governing and training the militia
of this Commonwealth."

An act in addition to an act ascertaining what
shall constitute a legal settlement in any town or
district within this Commonwealth.

An act for limiting the term of imprisonment for
fines and forfeitures, incurred for breaches of the
laws regulating the militia of the Commonwealth.

An act for the preservation and regulation of the
fishery in the towns of Fairhaven, New Bedford,
Dartmouth and Westport.

An act to authorize justices of the peace to take
recognizances in certain cases.

An act for the preservation of bridges.

An act in addition to an act, entitled " an act to
prevent the destruction of the lobster fishery, in the
town of Provincetown."

An act to provide a salary for the county attorney
for the county of Suffolk.

626 REPEALING ACT. Feb. 20, 1836.

An act to regulate the administration of justice
within the county of Suffolk, and for oiher purposes.

1822. The following acts passed in the political year one

thousand eight hundred and tiventy-two, to ivit :

An act respecting the court of probate in the
county of Worcester.

An act in addition to an act, entitled " an act to
regulate the administration of justice within the
county of Suffolk, and for other purposes."

An act respecting the municipal court of the city
of Boston, and regulating the selections, the empan-
nelling and services of grand, traverse, and petit
jurors.

An act in addition to an act, entitled " an act de-
fining the general powers and duties, and regulating
the office of sheriffs.''

An act to prevent the destruction of pickerel and
trout in the rivers, streams and ponds within this
Commonwealth.

An act to enlarge the jurisdiction of the court of
common pleas in and for the county of Nantucket.

An act respecting law libraries.

An act in addition to an act, entitled " an act for
regulating fences."

An act in iiddition to the several acts respecting
writs of review.

An act respecting the inspection of beef.

An act in addition to the several acts for the more
easy partition of lands, or other real estate.

An act in addition to the several acts now in
force, regulating the limits of prison yards, and the
discharge of poor debtors from prison.

An act imposing a duty on sales at auction.

All act in addition to •• an act for the better secur-

REPEALING ACT. Feh. 20, 1836. 627

ing and rendering more effectual grants and dona-
tions to pious and charitable uses.''

An act regulating attachment on mesne process.

An act in further addition to an act, entitled " an
act for regulating, governing and training the mili-
tia of this Commonwealth."

An act respecting sloops and vessels employed in
transporting stone, sand and gravel, within this Com-
monwealth.

An act regulating elections, and declaring the
qualifications of voters in town affairs.

An act respecting appeals from judgments of the
court of common pleas.

An act further regulating actions of replevin and
trover.

The folloiving acts passed in the political year one 1^23.

thousand eight hundred and twenty-three, to wit :

An act in addition to an act, entitled " an act to
provide for the discharge of officers of the militia."

An act relating to state paupers.

An act making provision for the holding an addi-
tional term of the supreme judicial court in the
county of Hampden.

An act in addition to an act, entitled "an act
to regulate the jurisdiction and proceedings of the
courts of probate."

An act in further addition to an act, entitled " an
act for suppressing and punishing of rogues, vaga-
bonds, common beggars, and other idle, disorderly,
and lewd persons."

An act conferring additional powers on justices of
the peace, and for other purposes.

An act giving remedy in equity on gaol bonds.

628 REPEALING ACT. Feb. 20, 1836.

An act in addition to an act, entitled " an act for
regulating marriage and divorce."

An act regulating the hunting of deer.

An act altering the times of holding the courts of
common pleas, in the counties of Nantucket and
Dukes County.

An act to provide for the appointment of the trea-
surer of the county of Nantucket.

An act in addition to " an act making further
provision in the judicial department."

An act to alter the time of holding the spring
term of the supreme judicial court for the county of
Essex.

An act to prevent the wanton destruction of
lamps.

An act for preventing fraud in the admeasure-
ment of salt and grain.

An act making further provision for the service of
writs and setting oif judgments.

An act in addition to an act, entitled " an act pro-
viding for the appointment of inspectors, and regu-
lating the manufacture of gunpowder."

An act in addition to an act, entitled " an act
concerning hawkers, pedlars, and petty chapmen."

An act in addition to " an act for the choice and
appointment of assessors, and for assigning their
powers and authority."

An act in addition to an act, entitled " an act for
giving further remedies in equity."

An act establishing salaries for judges and regis-
ters of probate.

An act to prevent fraud in the attachment of real
or personal estate.

An act authorizing executors and administrators

REPEALING ACT. Feb, 20, 1836. 629

to plead Plene administravit in certain cases, and to
settle the estates of their testators or intestates.

An act authorizing femes covert to join with the
guardians of their husbands in the sale of real es-
tate, held in right of the wife, and to release their
dower in certain cases.

The following acts passed in the political year one
thousand eight hundred and ttventy-four, to wit :

An act in addition to an act, entitled " an act to
regulate the exportation of smoked herring and ale-
wives."

An act providing for holding the probate courts
alternately at Uxbridge and Mendon, in the county
of Worcester.

An act in addition to an act, entitled " an act
in addition to an act defining the general powers
and duties, and regulating the office of sheriff."

An act to prevent and punish frauds upon banks.

An act for the better security of owners of land
from claims for light, air, and way.

An act in addition to an act, entitled " an act in
addition to an act, entitled an act to enable the pro-
prietors of social libraries to manage the same."

An act in addition to " an act for the better man-
aging lands, wharves, and other real estate, lying in
common.*'

An act in addition to " an act prescribing the
mode of taking depositions, and administering oaths
and affirmations."

An act in addition to an act, entitled " an act to
regulate the going at large of sheep and rams, and
he-goats, at certain seasons of the year."

An act to regulate hay scales*

An act to extend the powers and duties of sheriffs,
coroners, and constables, in certain cases.

1824.

630 REPEALING ACT. Feh. 20, 1836.

An act. in addition to an act, entitled " an act di-
recting tlie proceedings for the speedy removal of
nuisances," and extending the act to the county of
Nantucket.

An act in addition to " an act further to provide
for the payment of costs in criminal prosecutions."

An act relating to jurors.

An act in addition to the several acts, entitled
" an act empowering the selectmen of such towns
where there may be fire engines, to appoint engine
men ; and repealing the laws heretofore made for
that purpose."

An act in addition to an act, entitled " an act to
enforce the satisfaction and payment of executions
and warrants of distress against certain corpora-
tions."

An act in addition to an act, entitled " an act in
addition to an act to relieve towns from the expen-
ses of persons imprisoned for debt."

An act in addition to an act, entitled " an act in
addition to the several acts now in force respecting
highways."

An act in addition to an act, entitled " an act to
prevent the destruction of pickerel in the ponds and
streams within this Commonwealth."

An act in addition to " an act imposing a duty on
sales at auction."

An act to allow grace on bills of exchange and
notes according to the custom of naerchants.

An act in further addition to an act, entitled " an
act for the admeasurement of boards, and regulating
the tale of shingles, clapboards, hoops and staves,
and for other purposes therein mentioned."

An act in addition to an act, entitled " an act to
prevent the wilful destruction and casting away of
ships and cargoes."

REPEALING ACT. Feb. 20, 1836. 631

An act for the appointment of trustees in certain
cases of divorce.

An act authorizing the city of Boston and towns
in this Commonwealth to make by-laws restraining
dogs going at large.

An act to prevent forcibly passing and avoiding
toll-gates.

An act in addition to an act, entitled " an act to
prevent fraud and deception in the packing of pick-
led fish, and to regulate the size and quality of the
casks, and the sale and exportation thereof within and
from this Commonwealth, and to repeal all laws
heretofore made on this subject."

An act in addition to " an act imposing a duty on
sales at auction."

An act in addition to an act, entitled " an act for
the support and regulation of mills," and the several
acts in addition thereto.

The following acts passed in the political year one i823.

thousand eight hundred and twenty-five, to wit :

An act making provision for holding an additional
term of the supreme judicial court in the county of
Franklin.

An act further to provide for the payment of costs
in criminal prosecutions.

An act for the erecting another building within
the limits of the state prison, in Charlestown, and
for the better government thereof.

An act providing further remedies for landlords
and tenants.

An act authorizing senators and representatives to
administer oaths and affirmations in certain cases.

An act regulating appeals in certain cases.

An act in addition to an act, entitled " an act in

632 REPEALING ACT. Feb. 20, 1836.

addition to the several acts regulating the inspection
of beef and pork intended to be exported from this
Commonwealth."

An act for abolishing the punishment of whipping
within this Commonwealth.

An act for altering the time of holding the courts
of common pleas in Nantucket and Dukes county.

An act relating to the support and regulation of
mills.

An act to alter the times of holding the supreme
judicial court.

An act to establish a term of the supreme judi-
cial court in Nantucket.

An act relating to a library for the general court.

An act to establish the rate of interest, and to re-
strain the taking of excessive usury.

An act in addition to the several acts now in force
regulating the choice of registers of deeds in the
several counties of this Commonwealth.

An act to restrain public shows and theatrical ex-
hibitions.

An act in addition to an act, entitled " an act to
regulate the militia of this Commonwealth."

An act in addition to an act, entitled " an act im-
posing a duty on sales at auction," and the acts in
addition thereto.

An act in addition to an act, entitled " an act for
the punishment of fornication, and for the mainte-
nance of bastard children."

An act relating to jurors in the counties of Dukes
county and Nantucket.

An act to regulate damages on foreign bills of ex-
change.

REPEALING ACT. Feb. 20, 1836. 633

The following acts passed in the political year one isse.

thousand eight hundred and twenty-six, to wit :

An act to prevent damage from firing crackers,
squibs, serpents and rockets.

An act in addition to an act passed February the
twenty-fourth, A. D. one thousand eight hundred
and eighteen, concerning poor prisoners and other
persons.

An act respecting the choice and service of jurors
from the town of Chelsea, within the county of Suf-
folk.

An act in addition to an act, entitled " an act to
establish the rate of interest, and to restrain the
taking of excessive usury."

An act to provide for the more uniform and per-
fect engrossing of bills, and for preserving the same.

An act relating to the duties of the reporter of de-
cisions in the supreme judicial court.

An act in addition to acts empowering judges of
probate to appoint guardians to minors and others.

An act in addition to an act, entitled " an act in
addition to the acts concerning the sale of real es-
tate by administrators, executors and guardians."

An act to prevent unnecessary delay and expense
in the prosecution of real actions.

An act in addition to an act, entitled " an act in
furtherance of good discipline in the colleges of this
Commonwealth," passed June 19, 1819.

An act in addition to the several acts regulating
parishes and precincts, and the officers thereof.

An act in addition to the several acts concerning
depositions.

An act to regulate pilotage from the sea into New
Bedford and Fairhaven.

634 REPEALING ACT. Feh. 20, 1836.

An act concerning the pay of members of the
general court and council, in certain cases.

An act relating to prosecutions for libel, and to
pleadings in actions for libel and slander.

An act in addition to the act giving further reme-
dies in equity.

An act in addition to former acts regulating pilot-
age in the port of Salem.

An act in addition to " an act to prevent forcibly
passing and avoiding toll-gates."

An act in addition to an act, entitled " an act for
regulating towns, settling their power, and for the
choice of town officers."

An act to regulate the weighing merchandize and
other commodities.

An act to regulate the manufacture of wrought
• nails within this Commonwealth, and to repeal all
laws heretofore made for that purpose.

An act in addition to an act, entitled " an act to
regulate the jurisdiction and proceedings of courts of
probate."

An act regulating the driving of stage coaches and
other vehicles for the conveyance of passengers.

An act respecting agencies of foreign insurance
companies established in this Commonwealth.

An act to provide for the instruction of youth.

1827, The following acts passed in the political year one

thousand eight hundred and twenty -seven, to wit :

An act altering the times of holding the courts of
common pleas in the county of Worcester.

An act to fix the times of holding the courts of
common pleas in Dukes' County.

An act in addition to an act, entitled, " an act to
prevent fraud in fire-wood, bark, or coal exposed for
sale."

REPEALING ACT. Feb. 20, 1836. 636

An act in addition to the several acts giving fur-
ther remedies in equity.

An act to increase the pay of jurors in certain
cases.

An act in addition to an act, entitled " an act re-
specting lost goods and stray beasts."

An act to establish county commissioners, and to
repeal the several acts establishing the courts of ses-
sions, and in addition thereto, and the act establish-
ing commissioners of highways.

An act giving relief in equity in cases of waste
and nuisance.

An act to alter the time of holding one of the
terms of the court of common pleas for the county
of Barnstable.

An act to provide for internal improvement by
rail-roads.

An act providing for the government and regula-
tion of the state prison.

An act in addition to " an act for providing hospi-
tals for inoculation, and preventing infection from
the small pox, and for repealing several acts hereto-
fore made for that purpose."

An act establishing an additional term of the su-
preme judicial court for the county of Bristol, and
for altering the place of holding two of the terms of
the court of common pleas in said county.

The following acts passed in the political year one i828.

thousand eight hundred and twenty-eight, to wit:

An act in addition to an act, entitled " an act to
establish the terms of the supreme judicial court."

An act in further addition to an act, entitled " an
act regulating the commencement of certain actions
in which the inhabitants of the town of Boston in
the county of Suffolk shall be a party."

6S6 REPEALING ACT. Feb. 20, 1836.

An act in addition to the several acts in relation
to the inspection of butter and lard.

An act requiring the publication of an annual
statement of county receipts and expenditures.

An act making members of mutual fire insurance
companies competent witnesses in certain cases.

An act in addition to the several acts heretofore
passed in relation to divorce.

An act in addition to the several acts giving fur-
ther remedies in equity.

An act regulating the storage of gunpowder.

An act in addition to " an act prescribing the
forms of writs in civil causes, and directing the mode
of proceeding therein."

An act to regulate banks and banking.

An act restraining banks from taking excessive
interest, and for other purposes.

An act to prevent fraud in the sale of ale, beer,
and cider.

An act in further addition to an act, entitled " an
act regulating the commencement of certain actions
in which the inhabitants of the town of Boston in
the county of Suffolk shall be a party."

An act providing for additional meetings of county
commissioners in certain cases.

An act authorizing towns and parishes to purchase
land for burial-grounds.

An act making further provision for the survivor-
ship of civil actions.

An act in addition to an act, entitled " an act
relating to suits against defendants out of the state,
also to giving notice to defendants sued."

An act in relation to notices on the sale of equities
of redemption.

An act in addition to an act regulating the inspec-

REPEALING ACT. Feb. 20, 1836. 637

An act in relation to the abatement of legal process.

An act relating to the sale of the real estate of
minors and others.

An act in addition to " an act to provide for the
instruction of youth."

An act in addition to an act, entitled " an act to
regulate the militia of this Commonwealth."

An act for the amendment of the law relating to
real actions.

An act in further addition to an act, entitled '* an
act to enable proprietors of social libraries to manage
the same."

An act in addition to " an act regulating the
descent and distribution of intestate estates."

An act in addition to " an act providing for the
relief, support, employment, and removal of the
poor."

An act in addition to the existing acts respecting
taxation.

An act in addition to "an act to prevent fraud in
the sale of ale, beer, and cider."

The folloiving acts passed in the political year one i829.

thousand eight hundred and twenty-nine, to wit :

An act regulating the service of grand jurors in the
county of Bristol.

An act further providing for the government and
regulation of the state prison.

An act in addition to the several acts in relation
to the inspection of salted or pickled fish.

An act in addition to *' an act to regulate pilotage
from the sea into New Bedford and Fairhaven."

An act to provide for the inspection of salt manu-
factured in this Commonwealth.

An act in addition to an act, entitled " an act lo

638 REPEALING ACT. Feb. 20, 1836.

prevent fraud and deception in the packing of pick-
led fish, and to regulate the size and quality of the
casks, and the sale and exportation thereof, within
and from this Commonwealth, and to repeal all laws
heretofore made on this subject."

An act concerning the taxation of costs.

An act defining the general powers and duties of
manufacturing corporations.

An act in addition to the several acts regulating
towns, and the choice of town officers.

An act in addition to " an act against perjury and
subornation of perjury."

An act to secure to the public the benefit of orna-
mental trees.

An act to provide for the survey of lumber in the
city of Boston, and to repeal certain provisions of
law in relation to the exportation of lumber from the
Commonwealth.

An act concerning town and county bridges.

An act to prevent trespasses upon mills and dams,
and the appurtenances thereof.

An act in addition to an act, entitled " an act di-
recting the settlement of the estates of persons de-
ceased, and for the conveyance of real estates in cer-
tain cases."

An act further to regulate the jurisdiction and
proceedings of the courts of probate.

An act in addition to the several acts providing
for the government and regulation of the state pri-
son.

An act in further addition to an act, entitled " an
act for regulating, governing and training the militia
of this Commonwealth."

An act in addition to an act, entitled " an act to
provide for the instruction of youth."

REPEALING ACT. Feb, 20, 1836. 639

An act giving further remedies in equity.

An act in addition to the several acts for the sup-
port and regulation of mills.

A bill relating to mortgages and pledges of per-
sonal property, and property subject to any lien cre-
ated by law.

An act to authorize the appointment of commis-
sioners without the Commonwealth, to administer
oaths, and take acknowledgment of deeds.

An act making further provisions respecting costs
in certain cases.

The following acts passed, in the political year one i83o.

thousand eight hundred and thirty, to wit :

An act in addition to " an act to prevent the de-
struction of oysters and other shell-fish in this Com-
monwealth.''

An act to alter a term of the supreme judicial court
for the county of Bristol.

An act prescribing the duties of registers of deeds.

An act to provide a special term of the supreme
judicial court within and for the county of Essex.

An act to alter a term of the court of common
pleas for the county of Plymouth.

An act to alter a term of the supreme judicial
court for the county of Bristol.

An act to provide for the survey and admeasure-
ment of wood, coal, and bark for fuel, brought by
water into the city of Boston, for sale.

An act to alter the terms of the court of common
pleas in the county of Hampden.

An act to alter the meetings of the county com-
missioners in the county of Hampden.

An act to prevent the destruction of fish by cocu-
lus indicus or other poisonous articles.

640 REPEALING ACT. Feb. 20, 1836.

An act in addition to an act entitled " an act to
regulate the jurisdiction and proceedings of courts
of probate."

An act in relation to the exportation of articles
subject to inspection.

An act for the prosecution and punishment of
accessories in felonies.

An act making further provision for the partition
of real estate.

An act more effectually to protect the sepulchres
of the dead, and to legalize the study of anatomy in
certain cases.

An act in further addition to " an act imposing a
duty on sales at auction."

An act in addition to an act, entitled " an act to
prevent the destruction of certain useful birds at
unseasonable times of the year.''

An act mitigating the penalties in certain cases,
for the crimes of arson, burglary, and larceny.

An act concerning corporations.

An act in addition to the several acts regulating
the inspection of pickled fish.

An act in relation to the plea of tender.

An act to provide for investing the funds derived
from the sale of eastern lands.

An act providing for the inspection of sole leather.

An act in addition to an act, entitled "an act
describing the duty and power of coroners."

An act in addition to the several acts defining the
general powers and duties, and regulating the office
of sherifTs.

An act concerning the assessment of damages oc-
casioned by the location of roads, rail roads, canals,
and ilowage of lands.

An act relating to the support of state paupers.

REPEALING ACT. Feb. 20, 1836. 641

An act in addition to an act, entitled " an act to
direct officers in the levy of executions."

An act in addition to '« an act to regulate the juris-
diction and proceedings of the courts of probate."

An act relating to the powers of constables.

An act in addition to " an act in relation to the
plea of tender."

An act limiting the tenure of office, and establish-
ing the salaries for clerks of the judicial courts.

An act to abolish imprisonment for debt in certain
cases.

An act in addition to the several acts concerning
the sale of real estate by executors, administrators
and guardians.

An act to perpetuate the evidence of the notice
given by executors and administrators of their ap-
pointment.

An act establishing the terms of the probate court
in the county of Norfolk.

An act in addition to an act, entitled " an act to
prevent the introduction of paupers from foreign
ports or places."

The following acts passed in the political year one i83i.

thousand eight hundred and thirty one, to wit :

An act in addition to an act, entitled " an act to
regulate pilotage from the sea into New Bedford and
Fairhaven."

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 exported
from this Commonwealth."

An act regulating notices of petitions to be pre-
sented to the general court.
81

642 REPEALING ACT. Feb, 20, 1836.

An act to alter the term of the court of common
pleas for the county of Franklin.

An act further providing for the choice of mode-
rators at meetings of towns, parishes, and religious
societies.

An act in 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."

An act concerning conveyances of pews.

An act concerning the collection of taxes.

An act in addition to " an act for regulating elec-
tions."

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

1832.

The folloiving acts passed in the political year one
thousand eight hundred and thirty-two, to ivit :

An act in addition to the acts to exempt certain
goods and chattels of debtors from attachment and
execution.

An act in addition to " an act regulating notices
of petitions to be presented to the general court."

An act further providing for the punishment of
attempts to commit the crime of murder.

An act in addition to an act to define the powers,
duties and restrictions of insurance companies.

An act in addition to an act providing for the
government and regulation of the state prison.

An act enlarging the jurisdiction of the court of
common pleas, in criminal cases, and regulating the
appointment and duties of prosecuting officers.

An act respecting agencies of insurance compa-
nies incorporated out of this Commonwealth.

An act to prevent the destruction of the bird call-
ed grouse or heath hen iu Duke's County.

REPEALING ACT. Feb, 20, 1836. 643

An act to establish the times and places of hold-
ing the courts of probate within and for the county
of Middlesex.

An act in further addition to " an act regulating
the descent and distribution of intestate estates."

An act to divide the Commonwealth into districts,
for the choice of counsellors and senators.

An act to prevent fraud in the transfer of personal
property.

An act relating to the assessment of taxes.

An act in addition to "an act to prevent fraud in
the attachment of real or personal estate."

An act in addition to an act to provide for the
inspection of hops for exportation.

An act in addition to " an act to provide for the
instruction of youth."

An act giving further remedies between co-exec-
utors and co-administrators.

An act in further addition to an act 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."

An act for the due rea;ulation of licensed houses.

The following acts passed in the political year one
thousand eight hundred and thirty-three, to wit :

An act for the relief of poor convicts.

An act in addition to " an act defining the gene-
ral powers and duties of turnpike corporations."

An act in addition to the acts empowering the
judges of probate to appoint guardians to minors and
others.

An act in addition to " an act to regulate the ju-
risdiction and proceedings of the courts of probate."

1833.

644 REPEALING ACT. Feb. 20, 1836.

An act respecting the mode of calling and organi-
zing meetings of corporations.

An act respecting sureties of the peace.

An act in addition to " an act providing for the
government and regulation of the state prison."

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.

An act concerning school districts.

An act concerning corporations.

An act in addition to " an act for the government
and regulation of the state prison."

An act relating to the surviving of petitions to the
count}' commissioners for juries.

An act in addition to *' the several acts imposing
a duty on sales at auction."

An act in addition to the several acts to regulate
the jurisdiction and proceedings of the courts of
probate.

An act concerning clerks of the supreme judicial
court.

An act in addition to "' an act regulating elections
and declaring the qualifications of voters in town
affairs."

An act in addition to the several acts respecting
highways.

An act in addition to " an act for the due regula-
tion of licensed houses."

An act to regulate the service of writs and other
process upon certain corporations.

An act to authorize payments to married women
in certain cases.

An act in addition to " an act to provide for the
instruction of youth."

REPEALING ACT. Feb. 20, 1836. 645

An act to abolish the action of debt for an escape.

An act concerning elections.

An act to provide for the appointment of trustees
of certain insurance companies.

An act to authorize the laying out of turnpike
roads as common highways.

An act for the suppression of lotteries.

An act in addition to "an act for the choice and
appointment of assessors, and for assigning their
power and authority."

An act concerning the salaries of clerks of the
judicial courts.

An act in addition to the several acts concerning
the trustee process.

An act in addition to " an act establishing salaries
for judges and registers of probate."

An act in relation to petitions for acts of incorpo-
ration for canal, rail-road, and turnpike companies.

An act to prevent trespasses on the state house,
and other public buildings.

An act for defining the rights and duties of rail-
road corporations in certain cases.

An act to authorize the courts of probate to grant
leave to claimants upon insolvent estates to institute
suits in certain cases.

An act regulating the admeasurement of charcoal.

An act concerning parties in actions at law.

An act to regulate the slaughtering and weighing
of beef cattle.

An act in addition to " an act making further pro-
vision for the redemption of mortgages."

An act to prevent private banking.

An act in addition to " an act for apprehending
offenders in any county."

An act for the prevention of fraud in the sale of
oils.

646 REPEALING ACT. Feb. 20, 1836.

An act concerning recognizances.
An act in addition to " an act against forgery and
counterfeiting."

1834. The following acts passed in the political year one

thousand eight hundred and thirty-four, to wit :

An act in addition to *' an act making further
provision for the survivorship of civil actions."

An act concerning the appointment of engine men.

An act concerning unlawful oaths.

An act concerning penalties for the breach of town
by-laws.

An act transferring to the selectmen of the town
of Nantucket the powers and duties of county com-
missioners for the county of Nantucket.

An act in addition to " an act for the relief of
poor convicts."

An act concerning the entry of actions and ap-
peals.

An act to regulate the compensation of assessors.

An act in addition to " an act providing for the
relief and support, employment and removal of the
poor, and for repealing all former laws made for
those purposes."

An act in addition to " an act to direct the time
and manner of exhibiting the accounts of county
treasurers and the estimates for county taxes."

An act concerning prosecutions for the recovery
of fines imposed by courts martial.

An act in addition to " an act for definins: the
rights and duties of rail road corporations in certain
cases."

An act to amend an act for keeping watches and
wards in towns, and for preventing disorders in
streets and public places.

REPEALING ACT. Feb. 20, 1836. 647

An act authorizing sheriffs and others to adminis-
ter oaths in certain cases.

An act in further addition to " an act providing for
the government and regulation of the state prison."

An act in addition to the several acts regulating
the inspection of pickled fish.

An act in addition to " an act concerning the col-
lection of taxes."

An act concerning the state lunatic hospital.

An act for the regulation of gaols and houses of
correction.

An act in addition to the several acts for regula-
ting, governing, and training the militia of this Com-
monwealth.

An act respecting the formation of school districts.

An act to enable the proprietors of canals to col-
lect tolls.

An act in addition to the acts relating to fugitives
from justice.

An act concerning merchants' accounts.

An act in addition to "an act imposing a duty on
sales at auction."

An act concerning leaseholders for long terms.

An act declaring inhabitants of counties to be
competent witnesses in certain cases.

An act to abolish imprisonment for debt.

An act to establish the Massachusetts school fund.

An act concerning the meetings of school districts. '

An act to prevent gaming.

An act for the more speedy recovery of damages
caused by the laying out of highways and rail roads.

An act in addition to an act to regulate the juris-
diction and proceedings of courts of probate.

An act concerning the assessment of taxes in
school districts.

648 REPEALING ACT. Feb. 20, 1836.

An act for the orderl}^ solemnization of marriages.

An act providing compensation for the judge of
the municipal court of the city of Boston.

An act making a written memorandum necessary
to the validity of certain promises and engagements.

An act relating to parishes and religious freedom.

An act for the maintenance of pounds, and con-
cerning the impounding of cattle.

An act for the further prevention of fraud and
embezzlement.

An act in addition to "an act more effectually to
protect the sepulchres of the dead, and to legalize
the study of anatomy in certain cases."

An act in addition to " an act concerning parties
in actions at law."

An act to regulate institutions for savings.

An act providing for the collection of bonds,
notes and other securities due to the Commonwealth.

An act to establish the salary of the attorney
general.

An act enlarging the limits of the several gaol
yards in this Commonwealth.

An act in addition to an act to provide a salary
for the county attorney for the county of Suffolk.

An act in addition to *' an act to regulate banks
and banking."

1835. The following acts passed in the political year one

thousand eight hundred and thirty-five, to wit :

An act in addition to "an act concerning the
state lunatic hospital."

An act limiting the liability of sureties in bonds
given by guardians of minors.

An act fixing the pay of jurors.

An act concerning limited partnerships.

REPEATJNG ACT. Feb. 20, 1886. 649

An act in addition to an " act for the regulation
of gaols and houses of correction."

An act in addition to "an act transferring to the
selectmen of the town of Nantucket the powers and
duties of county commissioners for the county of
Nantucket," and for other purposes.

An act limiting the tenure of the office of inspec-
tor.

An act in addition to the act regulating pilotage
in the port of Newburyport.

An act in further addition to " an act to regulate
the jurisdiction and proceedings of courts of pro-
bate."

An act in addition to " an act to establish a court
of common pleas for the Commonwealth of Massa-
chusetts."

An act to encourage by bounty the destruction of
wild cats, bears and foxes.

An act in addition to " an act providing further
remedies for landlords and tenants.''

An act concerning the service of civil process in
certain cases.

An act establishing additional terms of the court
of common pleas in the county of Worcester.

An act concerning the jurisdiction of the court of
common pleas in the county of Suffolk.

An act in addition to " an act relating to parishes
and religious freedom."

An act in further addition to " an act directing
the method for laying out highways."

An act in addition to an act providing for the gov-
ernment and regulation of the state prison.

An act in addition to "an act limiting the tenure
of office, and establishing the salaries for clerks of
the judicial courts."
82

650 REPEALING ACT. Feh. 20, 1836.

An act providing for the sealing of ha_y scales and
platform balances.

An act concerning paupers.

An act in addition to " an act concerning the
state lunatic hospital."

An act in addition to " an act limiting the liabili-
ties of sureties of bonds given by guardians of mi-
nors."

An act in addition to " an act to regulate elec-
tions."

An act to prevent the destruction of certain birds.

An act to provide for the distribution of the in-
come of the Massachusetts school fund.

An act more efTectually to suppress riots.

An act in further addition to " 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 bv the ordinary process of
law."

An act in addition to an act regulating attach-
ments on mesne process.

An act in addition to the several acts for regulat-
ing, governing and training the militia of this Com-
monwealth.

An act concerning sales of property on execution.

An act relating to the real estate of married
women taken for public use.

An act to regulate mutual fire insurance compa-
nies.

An act in addition to an act for defining the rights
and duties of rail road corporations in certain cases.

An act in addition to " an act to regulate the pi-
lotage for the harbor of Boston."

An act in addition to " an act to provide for the
safe keeping all prisoners committed under the au-

REPEALING ACT. Feb. 20, 1836. 651

thoritj of the United States in the several gaols in
this Commonwealth."

An act to provide for the election of county com-
missioners and for other purposes.

" An act to establish the office of sergeant at
arms, and prescribing the duties thereof.''

Sec. 2. The following parts of acts are also re-
pealed, to wit :

The seventh section of the act passed in the po- nse.

litical year one thousand seven hundred and eighty-
six, entitled " an act for the orderly solemnization
of marriages ;" and

The second and third sections of the act passed isso.

in the political year one thousand eight hundred and
thirty, entitled " an act to continue the banking cor-
porations therein named, and for other purposes."

Sec. 3. The repeal of the several acts and parts
of acts before mentioned shall take effect from and
after the last day of April next ; but with all the
exceptions and limitations in that behalf expressed
in the said one hundred and forty-sixth chapter of
the Revised Statutes.

Sec. 4. In any case when a limitation or period
of time prescribed in any of the acts hereby repeal-
ed, for the acquiring of any right, or the barring of
any remedy, or for any other purpose, shall have
begun to run, and the same or any similar limitation
is prescribed in the Revised Statutes, the time of
limitation shall continue to run, and shall have the
like effect as if the whole period had begun and
ended under the operation of the Revised Statutes.

[Approved by the Governor, February 20, 1836.]

652 F. PARISH IN DORCHESTER. Feb. 20, 1836.

CHAP. VIII.

An Act authorizing the sale of the Parsonage Lands
of the First Parish in Dorchester.

XjE it enacted by the Senate and House

of Representatives, in General Court assembled, and

by the authority of the same, That the Deacons of

Deacons author- the First Church in Dorchester, for the time being;

ized to sell, and ^ ^

invest proceeds, are hcrcbj authorizcd and empowered to sell at
public or private sale, that certain parcel of land,
with the buildings thereon, situate in Dorchester in
the County of Norfolk which was devised to them
by Sarah Preston deceased, in trust for the use of
the pastors or ministers of said church, and to make
and execute a deed or deeds thereof to the purchaser
or purchasers, and to invest the proceeds thereof in
such manner as the First Parish in said Dorchester,

Proviso. may direct : provided, however, that the proceeds of

such sale shall be so invested, that the income only,
and no part of the principal, shall be applied to the
use of such pastors or ministers for the time being,
forever.

[Approved by the Governor, February 20, 1836.]

INFANT SCHOOL ASSO. Feb. 20, 1836. 653

CHAP. IX.

An Act to incorporate the Infant School Association
for the education of colored youth in the city of
Boston.

13 E it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That Thomas Dalton, Persons incorpo-
George Washington, Charles V. Caples, their asso-
ciates and successors, are hereby made a corporation
by the name of " The Infant School Association for
the education of colored youth in the city of Bos-
ton" for the purpose of receiving and educating
children of color preparatory to their entering higher
schools, with all the powers and privileges, and sub-
ject to all the liabilities and requirements contained
in the forty-fourth chapter of the Revised Statutes,
passed on the fourth day of November eighteen
hundred and thirty-five, with power also to hold real Real and person-

. , ^ . al estate.

and personal estate to an amount not exceedmg ten
thousand dollars, to be appropriated exclusively to
the purposes aforesaid.

[Approved by the Governor, February 20, 1836.]

654 E. MANS. MAN. CO. Feb. 24, 1836.

CHAP. X.

An Act to incorporate the East Mansfield Manufac-
turing Company.

Sec. 1. Jl>E it enacted by the Senate and House
of Representatives in General Court assembled, and
Persons incorpo- % ^^6 autliority of the same, That John M. Hale
^^^^^' and William Fisk, their associates, successors and

assigns are hereby made a manufacturing corpora-
tion by the name of the East Mansfield Manufactur-
ing Company, for the purpose of manufacturing cot-
ton and wool in the town of Mansfield 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, restrictions and liabilities, set forth in the thirty-
eighth and forty-fourth chapters of the Revised Stat-
utes, passed November fourth in the year one thou-
sand eight hundred and thirty-five.
-, , , Sec. 2. Said companv may hold for the purposes

Real and person- r ^ j r i .

ai estate. aforcsaid real estate to the amount of fifteen thou-

sand dollars, and personal estate to the amount of
twenty thousand dollars.

[Approved by the Governor, 24th February, 1836.]

BALLARD VALE CO. Feb. 25, 1836. 655

CHAP XL

An Act to incorporate the Ballard Vale Company.

Sec. L jjE it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That John Marland, ^ZT' '"'°'^*"
Abraham J. Gould, and Mark H. Newman, their as-
sociates, successors and assigns, are hereby made a
manufacturing corporation, by the name of the Bal-
lard Vale Company, for the purpose of manufactur-
ing cotton and woollen goods in the town of Ando-
ver, in the county of Essex, and for this purpose shall
have all the powers and privileges, and be subject
to all the duties, restrictions and liabilities, set forth
in the thirty-eighth and forty-fourth chapters of the
Revised Statutes, passed on the fourth day of No-
vember, in the year one thousand eight hundred and
thirty-five.

Sec. 2. The said corporation may hold for the St.aTe'! '""°"'
purposes aforesaid, real estate to the amount of
thirty-five thousand dollars, and the whole capital
stock of said corporation shall not exceed the amount
of sixty-four thousand dollars.

[Approved by the Governor, 25th February, 1836.]

65e CUBA MINING COMPANY. Feb. 29, 1836.

CHAP. XII.

An Act to incorporate the Cuba Mining Company.

xJE it enacted by the Senate and House of Rep-
resentatives in General Court assembled, and by the
authority of the same, as follows :
Persons incorpo- gj^c. 1. Daniel Brcwcr, Lemuel Williams, and

rated. ^ ' _ '

Thomas B. Smith, their associates, successors and
assigns, are hereby made a corporation by the name
of the Cuba Mining Company, for the purpose of
procuring and smelting Copper Ore (said smelting
to be carried on in the County of Bristol,) and for this
purpose shall have all the powers and privileges, and
be subject to all the duties, restrictions and liabili-
ties, set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes passed on the fourth
day of November, in the year one thousand eight
hundred and thirty-five.
Estate. Sec. 2. The said Company may hold for the

purposes aforesaid, real estate to the amount of one
hundred thousand dollars, and the whole capital
stock of said Company shall not exceed the amount
of five hundred thousand dollars.

[Approved by the Governor, February 29th, 1836.]

PACIFig INSURANCE CO. March 10, 1836. 657

CHAP. XIII.

An Act to incorporate the Pacific Insurance Company.

Jl>E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. William W. Parrott, Josiah Bradlee, persons incorpo-
George Hallet, their associates, successors and as- '^'^^'
signs, are hereby made a corporation, by the name
of the Pacific Insurance Company, to be located in
the city of Boston, for the purpose of making mari-
time loans, and insurance against maritime losses
and losses by fire, in the customary manner, with all
the powers and privileges, and subject to all the du-
ties, restrictions and liabilities contained in the
thirty-seventh and forty-fourth chapters of the Re-
vised Statutes, passed on the fourth day of Novem-'
ber, in the year one thousand eight hundred and
thirty-five, for the term of twenty years from the
passing of this act.

Sec. 2. The said corporation may hold any es- Amount of estate.
tate, real or personal, for the use of said company :
provided, that the real estate shall not exceed the
value of fifty thousand dollars, excepting such as
may be taken for debt or held as collateral security
for money due to said company.

Sec. 3. The capital stock of said company shall Capital stock.
be two hundred thousand dollars, and shall be divi-
ded into shares of one hundred dollars each, and
shall be collected and paid in, in such instalments,

658

When to com-
mence business,
and amount on
any risk.

LAWRENCE MANUFAC. CO. March U, 1836.

and under such provisions and penalties, as the pres-
ident and directors of said company shall order and
appoint.

Sec. 4. The said company shall be empowered
to commence their business when one hundred thou-
sand dollars of said stock shall have been paid in,
being restricted to eight per centum on any one
risk ; and whenever said stock shall be increased to
one hundred and fifty thousand dollars, ten per cen-
tum shall be allowed to be taken on any one risk :
provided, however, that the whole amount of two
hundred thousand dollars shall be paid in, within
two years from the passing of this act.

[Approved by the Governor, March 10, 1836.]

CHAP. XIV.

Capital increas-
ed.

An Act to authorize the Lawrence Manufacturing
Company to increase their Capital Stock.

JjE it enacted by the Senate and House of Rep-
resentatives in General Court assembled, and by the
authority of the same, as follows:

The Lawrence Manufacturing Company are here-
by authorized to increase their capital stock by the
addition thereto of personal property to the amount
of three hundred thousand dollars, said company to
have all the powers and privileges, and to be subject
to all the duties and restrictions, and liabilities set
forth in the thirty-eighth and forty-fourth chapters of
the Revised Statutes, passed on the fourth day of

SEDGWICK SEMINARY. March 11, 1836. 659

November, in the year one thousand eight hundred
and thirty-five.

[Approved by the Governor, March 11, 1836.]

CHAP. XV.

An Act to incorporate " the Sedgwick Seminary for
Young Ladies."

JdE it enacted by the Senate and House of Rep-
resentatives in General Court assembled, and by the
authority of the same, as follows :

Samuel G. Goodrich, Charles W. Greene, Charles Persons incorpo-
Hill, their associates and successors, are hereby
made a corporation by the name of " the Sedgwick
Seminary for Young Ladies," to be established at
Jamaica Plain, in the tow^n of Roxbury, in the
county of Norfolk, with all the powers and privileges,
and subject to all the duties and liabilities contained
in chapter forty-fourth of the Revised Statutes of
this Commonwealth, passed November fourth in the
year one thousand eight hundred and thirty-five ;
with power to hold real and personal estate, not ex- Estate
ceeding in value the sum of fifty thousand dollars, to
be devoted exclusively to the purposes of education.

[Approved by the Governor, March 11, 1836.]

660

COUNTY OF BERKSHIRE. March 11, 1836.

CHAP. XVI.

Expense of a
road within the
town of Wash-
ington may be
assessed on the
whole county.

An Act authorizing the county commissioners of the
county of Berkshire to grant relief to the town of
Washington in the construction of a county road.

Be it enacted by the Senate and House of Rep-
resentatives in General Court assembled, and by the
authority of the same, as follows :

The county commissioners for the county of
Berkshire are hereby authorized and empowered, if
they see fit, to order and direct that the whole ex-
pense or any part thereof, of making that part of a
county road, recently laid out on the petition of
Henry W. Bishop and others, which is within the
town of Washington, shall be paid out of the Treas-
ury of the county of Berkshire, any law of this Com-
monwealth to the contrary notwithstanding.

[Approved by the Governor, March 11, 1836.]

BOST. GAS LIGHT CO. March 11, 1836. 661

CHAP. XVH.

An Act in addition to an Act entitled " An Act to
incorporate the Boston Gas Light Company."

Jt>E it enacted by the Senate and House of
Representatives in General Court assembled, and
by the authority of the same, as follows :

Sec. 1. The Boston Gas Light Company are Real estate in
hereby authorized to increase their capital stock by
an amount not exceeding one hundred and seventy-
five thousand dollars ; and to purchase and hold real
estate in the county of Suffolk, as part and parcel
of their capital, not exceeding one half of their
whole capital as provided in this act, and in the act
to which this is in addition.

Sec. 2. The Boston Gas Light Company shall
be subject to all the duties, restrictions and liabili-
ties, and shall have all the powers and privileges, set
forth in the thirty-eighth and forty-fourth chapters
of the Revised Statutes, passed on the fourth day of
November, in the year one thousand eight hundred
and thirty-five.

[Approved by the Governor, March 11, 1836.]

662 NORTON CONG. SOC. March 11, 1836.

CHAP. XVIII.

An Act in addition to " An Art to incorporate the
Congregational Society in the town of Norton
into a distinct parish ; and also to incorporate a
committee of the said society for certain pur-
poses," passed on the fourth day of March, in the
year of our Lord one thousand seven hundred
and eighty-three.

Be it enacted by the Senate and House of Rep-
resentatives in General Court assembled^ and by
the authority of the same, as folloics :

The annual interest of the fund belonging to the
*' Congregational Parish in Norton" may be appro-
priated by the said parish towards the support of
their minister, and for supplying the said parish with
preaching, although the same may not be sufficient
for the support of a minister, any thing contained in
the act to which this is in addition notwithstanding.

[Approved by the Governor, March 11, 1836.]

WHITTENTON MILLS. March 11, 1836. 663

CHAP. XIX.

An Act to incorporate the Whittenton Mills.

13E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. Samuel A. Eliot, Charles A. Mills and Persons incorpo-

. rated.

Edmund Dwight, their associates, successors and
assigns, are hereby made a manufacturing corpora-
tion, by the name of the Whittenton Mills, for the
purpose of manufacturing cotton goods in the town
of Taunton, in the county of Bristol ; and for this
purpose shall have all the powers and privileges, and
be subject to all the duties, restrictions and liabilities
set forth in the thirty-eighth and forty-fourth chap-
ters of the Revised Statutes, passed on the fourth
day of November, in the year one thousand eight
hundred and thirty-five.

Sec. 2. The said corporation may hold for the Estate.
purpose aforesaid, real estate to the amount of one
hundred thousand dollars, and personal estate to the
amount of one hundred thousand dollars.

[Approved by the Governor, March 11, 1836.]

664 PERKINS MILLS. March 11, 1836.

CHAP. XX.

An Act to incorporate the Perkins Mills.

He it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows:

Persons incorpo- Sec. 1. William Applcton, Augustus Thomdiko
and Henry Cabot, their associates, successors and
assigns, are hereby made a manufacturing corporation
by the name of the Perkins Mills, for the purpose of
manufacturing cotton goods in the town of Spring-
field, in the county of Hampden, and for this purpose
shall have all the powers and privileges, and be sub-
ject to all the duties, liabilities and restrictions set
forth in the thirty-eighth and forty-fourth chapters of
the Revised Statutes, passed on the fourth day of
November, in the year one thousand eight hundred
and thirty-five.

Estate. Sec. 2. The said corporation may hold for the

purposes aforesaid, real estate not exceeding the
amount of one hundred and twenty-five thousand
dollars — and the whole capital stock of said corpora-
tion shall not exceed the amount of four hundred and
fifty thousand dollars.

[Approved by the Governor, March 11, 1836.]

MAN. MUX. FIRE INS. CO. March 11, 1836. 665

CHAP. XXI.

An Act in further addition to " An Act incorporating
the Manufacturers' Mutual Fire Insurance Com-
pany."

JdE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

The Manufacturers' Mutual Fire Insurance Com-
pany is hereby authorized to insure for a term not
exceeding one year, upon the same principles as those
upon which they are now authorized to insure man-
ufacturing establishments, public buildings, public
hotels, stores, store-houses and property therein, all
descriptions of goods, chattels and merchandize, and
all buildings, except dwelling-houses, not connected
with manufacturing establishments.

[Approved by the Governor, March 11, 1836.]

666 NEWBURYPORT S. C. CO. March 11, 1836.

CHAP. XXII.

An Act to incorporate the Newburyport Steam
Cotton Company.

UE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :
Persons incorpo- Sec. 1. Enoch S. Williams, Samuel T. De Ford
'^'^*^' and Richard Stone, their associates, successors and

assigns, are hereby made a manufacturing corpora-
tion by the name of the Newburyport Steam Cotton
Company, for the purpose of manufacturing cotton in
the town of Newburyport, in the county of Essex,
and for this purpose shall have all the powers and
privileges, and be subject to all the duties, restric-
tions and liabilities, set forth in the thirty-eighth and
forty-fourth chapters of the Revised Statutes, passed
on the fourth day of November, in the year one
thousand eight hundred and thirty-five.
Estate. Sec. 2. The said corporation may hold real

estate for the purposes aforesaid, to the amount of
fifty thousand dollars, and the whole capital stock of
said corporation shall not exceed the amount of two
hundred thousand dollars.

[Approved by the Governor, March 11, 1836.]

BOS. HAR. TOW BOAT CO. March 12, 1836. 667

CHAP. XXIII.

An Act to incorporate the Boston Harbor Ice and
Tow Boat Company.

x3E it enacted by the Senate and House of
Representatives, in General Court assembled, and
by the authority of the same, as follows :

Sec. 1. Seward Porter, and his associates, sue- J*arboJ^from^be-
cessors and assigns, are hereby made a corpo- !"! obstructed by
ration by the name of the Boston Harbor Ice and
Tow Boat Company, for the purpose of keep-
ing open a passage into, and out of Boston harbor,
for ships and vessels, and preventing the same
from being obstructed and blocked up by ice,
and of towing vessels into and out of said harbor,
and the neighboring harbors, and from place to place
within the same, with all the powers and privileges,
and subject to all the duties, restrictions and liabili-
ties, set forth in the forty-fourth chapter of the Re-
vised Statutes, passed on the fourth day of Novem-
ber, in the year one thousand eight hundred and
thirty-five.

Sec. 2. Said corporation may hold for the above Estate,
purposes, personal property to the amount of fifty
thousand dollars, and real estate to the amount of
five thousand dollars, and this act shall continue in
force for the term of twenty years.

[Approved by the Governor, March 12, 1836.]

668 ENGROSSING OFRESOLVES. March 14, 1836.

CHAP. XXIV.

An act to provide for the engrossing of Resolves.

13 E it enacted by the Senate and House of Re-
presentatives, in General Court assembled, and by
the authority of the same, That all resolves, before
All resolves to be they are passed, shall, under the direction of the
parchment. sccrctary of the Commonwealth, be fairly engrossed
on parchment, in a plain and legible hand writing,
without interlineation, with a margin of not less
than one and a half inch wide on each side, each
sheet of parchment to be sixteen inches long and
eleven inches wide ; and after every session of the
legislature, the secretary shall cause the same to be
And to be bound, neatly and strongly bound in one or more volumes of
convenient size, lettered on the back with a desig-
nation of the contents and of the legislative year.

[Approved by the Governor, March 14, 1836.]

THORNDIKE COMPANY. March 14, 1836. 669

CHAP. XXV.

An Act to incorporate the Thorndike Company.

JdE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. John S. Wright, Luther Parks, and Persons incorpo-
Israel Thorndike, their associates, successors and
assigns, are hereby made a manufacturing corpora-
tion, by the name of the Thorndike Company, for
the purpose of manufacturing cotton, woollen, and
silk goods, and machinery in the town of Palmer
within the county of Hampden, and for this purpose
shall have all the powers and privileges, and be sub-
ject to all the duties, restrictions and liabilities set
forth in the thirty-eighth and forty-fourth chapters of
the Revised Statutes, passed on the fourth day of
November in the year one thousand eight hundred
and thirty-five.

Sec. 2. The said company may hold for the Estate,
purposes aforesaid, real estate to the amount of two
hundred and fifty thousand dollars, and the whole
capital stock of said company shall not exceed the
amount of five hundred thousand dollars.

[Approved by the Governor, March 14, 1836.]

670 DADMUN MANUFAC. CO. March 14, 1836.

CHAP. XXVI.

An Act to incorporate the Dadmun Manufacturing
Company.

Be it enacted by the Senate and House of Rep-
resentatives in General Court assembled, and by the
authority of the same, as follows :

Persons incorpo- Sec. 1. Josiah How, William Graham and Sam-
uel Dadmun, their associates, successors and assigns,
are hereby made a manufacturing corporation by the
name of the Dadmun Manufacturing Company, for
the purpose of manufacturing woollen goods in the
town of Templeton, within the county of Worcester,
and for this purpose shall have all the powers and
privileges, and be subject to all the duties, restric-
tions and liabilities set forth in the thirty-eighth and
forty-fourth chapters of the Revised Statutes, passed
on the fourth day of November, in the year one
thousand eight hundred and thirty-five.

Estate. Sec. 2. The said company may hold, for the

purposes aforesaid, real estate to the amount of fifty
thousand dollars, and the whole capital stock of said
company shall not exceed the amount of one hundred
thousand dollars.

[Approved by the Governor, March 14, 1836.]

LANESBORO' MARBLE CO. ^7«rc/^ 14, 1836. 671

CHAP. XXVII.

An Act to incorporate the Lanesborough Marble
Company.

Jl>E it enacted hy the Senate and House of Rep-
resentatives, in General Court assembled, and hy the
authority of the same, as follows :

Sec. 1. Algernon S. Hubbell, Abial Piatt, Henry Persons incorpo-
Mead, their associates, successors and assigns, are
hereby made a corporation by the name of the
Lanesborough Marble Company, for the purpose of
digging, sawing, working, and transporting marble in
the town of Lanesborough, wdthin the county of
Berkshire, and for this purpose shall have all ihe
powers and privileges, and be subject to all the du-
ties, restrictions and liabilities set forth in the thirty-
eighth and forty-fourth chapters of the Revised
Statutes, passed on the fourth day of November, in
the year one thousand eight hundred and thirty-five.

Sec. 2. The said company may hold, for the Estate.
purposes aforesaid, real estate to the amount of fifty
thousand dollars, and the whole capital stock of said
company shall not exceed the amount of one hundred
thousand dollars.

[Approved by the Governor, March 14, 1836.]

672 PACKET INSURANCE CO. March 14, 1836.

CHAP. XXVIII.

An Act to incorporate the Packet Insurance Com-
pany.

Be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Persons incorpo- SeC. 1. ZenaS D. BaSSCtt, George Lovell, Mat-
rated. -1

thew Cobb, their associates and successors, are
hereby made a corporation, by the name of the
Packet Insurance Company, to be located in the
city of Boston, for the purpose of making maritime
loans, and insurance against maritime losses and
losses by fire, in the customary manner, with all the
privileges, and subject to all the duties and obliga-
tions set forth in the thirty-seventh and forty-fourth
chapters of the Revised Statutes, passed on the
fourth day of November, in the year one thousand
eight hundred and thirty-five, for and during the
term of twenty years after the passing of this act.

Estate. Sec. 2. Said corporation may purchase, hold and

convey any estate, real or personal, for the use of
said company : provided, that the real estate shall
not exceed the value of fifty thousand dollars, ex-
cepting such as may be taken for debt, or holden as
collateral security for money due to said company.

Amount of capi- Sec. 3. The Capital stock of said company shall
be two hundred thousand dollars, and shall be divi-
ded into shares of one hundred dollars each, and
shall be collected and paid in, in such instalments,
and under such provisions and penalties, as the pres-

CANTON HARDWARE CO. March 14, 1836. 673

ident and directors of said company shall order and
appoint.

[Approved by the Governor, March 14, 1836.]

CHAP. XXIX.

An Act to incorporate the Canton Hardware Com-
pany.

J3E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows:

Sec, 1. Jonathan Robinson, Joseph H. Hay- Persons incorpo-
ward, Charles Leighton, their associates, successors
and assigns, are hereby made a manufacturing cor-
poration by the name of the Canton Hardware
Company, for the purpose of manufacturing cutlery,
hardware, and malleable iron, in Canton, within the
county of Norfolk, and for this purpose shall have all
the powers and privileges, and be subject to all the
duties, restrictions, and liabilities, set forth in the
thirty-eighth and forty-fourth chapters of the Re-
vised Statutes, passed on the fourth day of Novem-
ber in the year one thousand eight hundred and
thirty-five.

Sec. 2. The said company may hold, for the Estate.
purposes aforesaid, real estate to the amount of sixty
thousand dollars, and the whole capital stock of said
company shall not exceed the amount of two hundred
thousand dollars.

[Approved by the Governor, March 14, 1836.]
85

674 MASSACHUSETTS SILK CO. March 14, 1836.

CHAP. XXX.

An Act to incorporate the Massachusetts Silk
Company.

B-E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Persons incorpo- Sec. 1. Thomas G. Fcssendcn, George C.Bar-
rett, and William H. Montague, their associates,
successors and assigns, are hereby made a corpora-
tion by the name of the Massachusetts Silk Com-
pany, for the purpose of raising, reeling, throwing,
and manufacturing silk in the town of Framingham
in the county of Middlesex, and in the city of Bos-
ton in the county of Suffolk, and for these purposes
shall have all the powers and privileges, and be sub-
ject to all the duties, restrictions and liabilities, set
forth in the thirty-eighth and forty-fourth chapters of
the Revised Statutes, passed on the fourth day of
November in the year one thousand eight hundred
and thirty-five.

Estate. Sec. 2. The said company may hold, for the

purposes aforesaid, real estate to the amount of fifty
thousand dollars, and the whole capital stock of said
company shall not exceed the amount of one hundred
and fifty thousand dollars.

[Approved by the Governor, March 14, 1836.]

MERCHANTS INSUR. CO. March 16, 1836. 675

CHAP. XXXI.

An Act relating to the Merchants Insurance Compa-
ny in Boston.

J3E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. The Merchants Insurance Company in
Boston, are hereby authorized to invest a sum not
exceeding one third of the capital stock of said
company, in real estate, in the county of Suffolk.

Sec. 2. So much of the third section of the act certain proyis-

£. . . f, , , , 1 r r 1 io"^^ °^ previous

or mcorporation or said company, passed on the iirth acts repealed.
day of December, in the year of our Lord one thou-
sand eight hundred and sixteen, as restricts the
choice of directors to stockholders, who are not di-
rectors in any other company carrying on the busi-
ness of insurance, and also so much of the second
section of the act in addition thereto, passed on the
fourteenth day of March, in the year of our Lord
one thousand eight hundred and thirty-three, as pro-
vides that no person who is a director, shall, while in
the exercise of that office, subscribe any part of any
stock, created under said act, are hereby repealed.

[Approved by the Governor, March 16, 1836.]

676 NEW ENGLAND SILK CO. March 16, 1836.

CHAP. XXXII.

An Act to incorporate the New England Silk Com-
pany.

JjE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Persons incorpo- Sec. 1. Jonathan H. Cobb, George Gay, and
Lemuel Blake, their associates, successors and as-
signs, are hereby made a manufacturing corporation,
by the name of the New England Silk Company, for
the purpose of growing and manufacturing Silk in
the counties of Norfolk and Suffolk, and for this pur-
pose shall have all the powers and privileges, and be
subject to all the duties, restrictions and liabilities,
set forth in the thirty-eighth and forty-fourth chap-
ters of the Revised Statutes, passed on the fourth
day of November, in the year eighteen hundred and
thirty-five.

^**^'®' Sec. 2. The said corporation may hold, for the

purposes aforesaid, real estate to the amount of fifty
thousand dollars, and the whole capital stock of said
corporation shall not exceed the amount of one hun-
dred thousand dollars.

[Approved by the Governor, March 16, 1836.]

FRAMING'M IND. RUB. CO. March 16, 1836. 677

CHAP, xxxni.

An Act to incorporate the Framingham India Rub-
ber Companjo

J3e it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. That Wm. K. Phipps, Dexter Henimen- Persons incorpo-

o I • • rated.

way, and Isaac Stevens, their associates, successors
and assigns, are hereby made a manufacturing corpo-
ration by the name of the Framingham India Rub-
ber Company, for the purpose of manufacturing all
articles consisting wholly or in part of India Rubber,
in the town of Framingham, within the county of
Middlesex, and for this purpose shall have all the
powers and privileges, and be subject to all the du-
ties, restrictions and liabilities, set forth in the thir-
ty-eighth and forty-fourth chapters of the Revised
Statutes, passed on the fourth day of November, in
the year one thousand eight hundred and thirty-five.

Sec. 2. The said company may hold for the pur- Estate.
poses aforesaid, real estate to the amount of twenty
thousand dollars, and the whole capital stock of said
company shall not exceed the amount of seventy
thousand dollars.

[Approved by the Governor, March 16, 1836.]

678 VAN DEUSENVILLE MAN. CO. Mar.16,1836.

CHAP. XXXIV.

An Act to incorporate the Van Deusenville Manu-
facturing Company.

j3E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
anthority of the same, as follows :
Persons incorpo- g^c. 1. Washington Adams, JuHus Dresset, and

rated. . .

John M. Seley, their associates, successors and as-
signs, are hereby made a manufacturing corporation
by the name of the Van Deusenville Manufacturing
Company, for the purpose of manufacturing cotton
and woollen goods 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, resrictions an d liabilities, set forth in
the thirty-eighth and forty-fourth chapters of the
Revised Statutes, passed on the fourth day of No-
vember, in the year one thousand eight hundred and
thirty-five.
Estate. Sec. 2. The said corporation may hold for the

purposes aforesaid, real estate to the amount of
twenty thousand dollars, and the whole capital stock
of said corporation shall not exceed the amount of
fifty thousand dollars.

[Approved by the Governor, March 16, 1836.]

W. POWER INDIA RUB. CO. March 16, 1836. 679

CHAP. XXXV.

An Act to incorporate the Water Power India
Rubber Company.

iJ JE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows:

Sec. 1. George Billiard, Simon Whitney, and Persons incorpo
Winthrop E. Faulkner, their associates, successors
and assigns are hereby made a manufacturing corpo-
ration by the name of the Water Power India Rubber
Company, for the purpose of manufacturing all arti-
cles composed wholly or in part of India Rubber, and
also various kinds of machinery, in the town of Fra-
mingham, in the county of Middlesex, and for this
purpose shall have all the powers and privileges, and
be subject to all the duties, restrictions and liabilities
set forth in the thirty-eighth and forty-fourth chap-
ters of the Revised Statutes, passed on the fourth
day of November, in the year one thousand eight
hundred and thirty-five.

Sec. 2. The said company may hold, for the Estate.
purposes aforesaid, real estate to the amount of
thirty thousand dollars, and the whole capital stock
of said company shall not exceed the amount of one
hundred and thirty thousand dollars.

[Approved by the Governor, March 16, 1836.]

680 NEWBURY PARS. LANDS. MarchlG,lSS6.

CHAP. XXXVI.

An Act authorizing the Second Religious Society in
Newbury to sell their Parsonage Lands.

Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows :

The Second Religious Society in Newbury, in the
county of Essex, is hereby authorized to sell, and by
their treasurer, or a committee specially appointed
for that purpose, to pass deeds to convey all the
right and interest of said society in and to about
seven acres of land, lying on "the Plains'' so called,
in said Newbury, and also in and to two cow-rights
Investment of in Said Newbury, — the proceeds to be invested in

proceeds. , i • i • t i i

such manner as the said society may direct, and the
interest of such proceeds only, and no part of the
principal, to be applied towards the support of the
ministry in said society. Provided, that the minister
or ministers of said society, for the time being, shall
assent to the sale, and shall join in the deed or deeds
of conveyance.

[Approved by the Governor, March 16, 1836.]

BOUNDARY LINES. March 16, 1836. 681

CHAP. XXXVII.

An Act establishing certain boundary lines between
the City of Boston and the Town of Roxbury.

13 E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as folloios :

The following lines, which have been mutually Boundaries.
agreed upon between the city of Boston and the
town of Roxhury, shall hereafter constitute and be
considered the boundary lines in the section to
which they refer, between said city and said town,
to wit : beginning at a stone monument on the
southwesterly side of the Dyke that forms the
southwesterly boundary of the Empty Basin, so
called, from which point the centre of the steeple of
Park street meeting house, in said city, bears north
fifty-three degrees east, this line to run in this direc-
tion from the point above mentioned, about two
hundred and ninety rods, until it strikes the centre
of the main channel westerly of t'la Rope Walk
lands in said city; thence turning and runnino^ north-
erly in the centre of said channel, about one hundred
and twenty -five rods, to a point two hundred feet
distant, southerly from the main branch of the Mill
Dam, or Western Avenue; thence turning nearly at
right angles, and running westerly nearly on a par-
allel line with said Mill Dam, until it strikes the
branch thereof leading to Roxbury, at which point
a stone monument has been erected. And the terri-
86

682 BELCHERTOWN CLAS. SC. March 16, 1836.

tory and jurisdiction on either side of the said lines
as hereby established, are accordingly confirmed to
said city and said town respectively.

[Approved by the Governor, March 16, 1836.]

CHAP. XXXVIII.

An Act to incorporate the Belchertown Classical

School.

JoE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sed*"^ '"'^*'^P'^" Calvin Foote, Wright Bridgman, and Samuel
Strong, their associates and successors, are hereby
incorporated by the name of the Trustees of the
Belchertown Classical School, to be established in
Belchertown, in the county of Hampshire, with all
the powers and privileges, and subject to all the du-
ties, restrictions and liabilities, set forth in chapter
forty-fourth of the Revised Statutes, passed on the
fourth day of November, in the year one thousand
eight hundred and thirty-five, and with power to

Estate. hold real and personal estate to an amount not ex-

ceeding the sum of twenty thousand dollars, to be
devoted exclusively to the purposes of education.

[Approved by the Governor, March 16, 1836.]

WENHAM & HAMILTON. March 2\ , IS36. 683

CHAP. XXXIX.

An Act relative to the " Massachusetts Fire and
Marine Insurance Company."

j3E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, That the capital stock of the
Massachusetts Fire and Marine Insurance Compa-
ny maj' be divided into three thousand shares, of one
hundred dollars each, instead of eight thousand
shares of thirty-seven and a half dollars each, as by
law is now required.

[Approved by the Governor, March 21, 1836.]

CHAP. XL.

An Act for the better preservation of the growth of
Wood and Timber, on a tract of woodland in the
towns of Wenham and Hamilton.

He it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, asfolloivs :

Sec. 1 . For the better preservation of the growth Boundaries of me
of the wood and timber, on a certain tract or parcel of ^°°''^»""^-
woodland commonly known by the name of Wenham
Great Swamp, and bounded as follows, viz : Be-

684 WENHAM & HAMILTON. March2\, 1836.

ginning at Pleasant pond brook, commonly so called ;
thence southerly by Pleasant pond, to land of Jacob
Dodge ; westerly and northerly on land of said
Dodge, to a meadow, known by the name of Wen-
ham great meadow, to the nail maple, so called, near
Ipswich river, in Topsfield; thence to said river, and
northerly by said river to land of Reuben Smith ;
thence easterly by land of said Smith, and other ad-
jacent proprietors, to Pleasant pond brook, afore-
mentioned ; the proprietors of said lands, their heirs
and assigns, are hereby incorporated and invested
with all the powers and privileges which the propri-
etors of common and general fields by law are in-
vested with.

Running at large Sec. 2. If any of the said proprietors, or any
field driver, or hay-ward duly appointed by them,
shall find any horse, or horse kind, neat cattle or
sheep, going at large in said woodland, the owner or
owners thereof shall forfeit and pay to the use of
said proprietors, or field driver, or hay-ward, one
dollar a head for neat cattle, and the same for each
horse or horse kind, and thirty cents for each sheep
so found going at large ; the same to be recovered
as in cases of creatures taken damage feasant in any
general and common field.

Fencetobeerec- Sec. 3. The Said adjacent proprietors shall be
severally entitled to have and hold all the fence
now standing on the dividing line, between their
respective closes and said swamp, and they shall
severally be holden to make and maintain a legal and
sufficient fence upon the whole of the line aforesaid,
during the continuance of this act ; and at the ex-
piration thereof, one half the fence on the line afore-
said shall revert to, and be holden by said proprie-
tors ; and the said adjacent proprietors, severally,
shall be entitled to demand and receive of the said

ted.

COURTS OF PROBATE. March 2\, 1836. 685

proprietors, at and after the rate of seventy cents
for each and every rod of one half the fence on the
dividing line aforesaid ; and if the said proprietors
shall fail, for the space of six months after the mak-
ing and completing such fence, and due notice there-
of given to their clerk, to pay the amount which
may be due for such half of the fence, then the
said adjacent proprietors, severally, shall be entitled
to an action for the recovery thereof, in any court
proper to try the same.

Sec. 4. This act shall continue and be in force
for the term of thirty years.

[Approved by the Governor, March 21, 1836.]

CHAP. XLI.

An Act authorizing Registers of Probate to adjourn
Courts of Probate in certain cases.

13 E it enacted by the Senate and House of
Representatives, in General Court assembled^ and by
the authority of the same, as follows :

Whenever there shall be a vacancy in the office of
judge of probate, in either of the counties in this
State, by death, resignation, or otherwise ; or,
whenever a judge of probate shall, for any cause,
fail to attend a regular term of said court, the regis-
ter of said court shall have authority to adjourn the
same, from time to time, until all matters and things
pending in said court, may be regularly adjudicated
upon according to law.

[Approved by the Governor, March 21, 1836.]

686

CITY OF SALEM.

March 23, 1836.

CHAP. XLII.

An Act establishing the City of Salem.

Title and general
powers.

Government.

Wards.

Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows :

Sec. 1. The inhabitants of the town of Salem,
shall continue to be a body politic and corporate,
under the name of the City of Salem, and as such,
shall have, exercise, and enjoy all the rights, immu-
ties, powers and privileges, and shall be subject to
all the duties and obligations, now incumbent upon
and appertaining to said town as a municipal corpo-
ration.

Sec. 2. The administration of all the fiscal, pru-
dential and municipal affairs of said city with the
government thereof, shall be vested in one principal
officer, to be styled the Mayor, one council of six to
be denominated the Board of Aldermen, and one
council of twenty-four, to be denominated the Com-
mon Council ; which boards, in their joint capacity,
shall be denominated the City Council, and shall be
sworn to the faithful performance of the duties of their
respective offices. A majority of each board shall
constitute a quorum for the transaction of business.

Sec. 3. From and after the first Monday in
March next, for the purpose of holding all elections,
said city shall be divided into six wards, to contain
as nearly as convenie^itly may be an equal number
of inhabitants. And it shall be the duty of the city
council, once in ten years and not oftener, to revise,

CITY OF SALEM. March 2S, 1836. 687

and if it be needful, to alter said wards, in such
manner as to preserve, as nearly as may be, an equal
number of voters in each ward.

Sec. 4. On the Tuesday preceding the second Wardens and
Monday in March annually, there shall be chosen by
ballot, in each of said wards, a warden and clerk,
who shall hold their offices for one year, and until
others shall have been chosen in their places. And Their duties.
it shall be the duty of such warden to preside at all
ward meetings, with the powers of moderators of
town meetings. And if, at any meeting, the warden
shall not be present, the clerk of such ward shall
call the meeting to order, and preside until a warden
pro tempore shall be chosen by ballot. And if at
any meeting the clerk shall not be present, a clerk
pro tempore shall be chosen by ballot. The clerk
shall record all the proceedings and certify the votes
given, and deliver over to his successor in office, all
such records and journals, together with all other
documents and papers held by him in said capacity.
The inhabitants of each ward shall choose by ballot
two persons to assist the warden in receiving, sort-
ing and counting the votes. And the warden, clerk,
and assistants so chosen shall respectively be under
oath, faithfully and impartially to discharge their
several duties relative to all elections, which oath
may be administered by any justice of the peace of
said city. And all warrants for the meetings of the Warrants for

. 1 1 • 1 • nieeting-s.

citizens for municipal purposes to be had either m
wards or in general meetings, shall be issued by the
mayor and aldermen, and shall be in such form, and
shall be served, executed, and returned at such time,
and in such manner, as the city coimcil may, by any
by-law, direct and appoint.

688

CITY OF SALEM.

March 23, 1836.

Same subject.

Mayor and city Sec. 5. The majoF and aldermen shall be elect-
counci oweec- ^^ ^^^^ ^^^ citizcns at large, by the inhabitants of

the city voting in their respective wards, and four
common council men shall be elected from each
ward, being residents in the wards where elected ;
all said officers shall be elected by ballot, and shall
hold their offices one year from the second Monday
in March, and until others shall be elected in their
places.

Sec. 6. On the Tuesday next preceding the
second Monday in March annually, immediately after
a warden and clerk shall have been elected and
sworn, the qualified voters in each ward shall give in
their votes for a mayor, six aldermen, and four com-
mon council men : all the votes given for the said
several officers respectively, shall be sorted, counted,
declared and registered in open ward meeting, by
causing the names of persons voted for, and the
number of votes given for each, to be written in the
w^ard record, in words at length. The ward clerk,
within twenty-four hours after such election, shall
deliver to the persons elected common council men,
certificates of their election, and shall forthwith de-
liver to the city clerk a certified copy of the record
of such election. Provided, however^ that if the
choice of common council men cannot conveniently
be effected on that day, the meeting may be adjourn-
ed to another day, not more than two days thereaf-
organizationof^ ter, to couipletc such clectiou. The board of alder-

the two boards. i 1 1 • i

men shall, as soon as conveniently may be, examine
the copies of the records of the several wards certi-
fied as aforesaid, and shall cause the person who
shall have been elected mayor by a majority of the
votes given in all the wards, to be notified in writing
of his election ; but if it shall appear that no person

Certificates of
election.

CITY OF SALEM. March 23, 1836. 689

shall have been so elected, or if the person elected Proceedinffs in

'■ case of failing to

shall refuse to accept the office, the said board shall ^cctamayor,
issue their warrants for another election, and the
same proceedings shall be had in all respects as are
herein before directed for the choicr: of mayor, and
repeated, from time to time, until a mayor shall be
chosen ; and in case of a vacancy in the office of
mayor by death, resignation or otherwise, it shall be
filled for the remainder of the term, by a new elec-
tion in the manner herein before provided, for the
choice of said officer. And if it shall appear that
the whole number of aldermen shall not have been
elected, the same proceedings shall be had, as are
herein before directed in regard to the choice of
mayor. And each alderman elected shall be notified
in writing of his election, by the mayor and alder-
men for the time being. The oath prescribed by Oaths of office,
this act, shall be administered to the mayor by the
city clerk, or any justice of the peace in said city. —
The aldermen and common council men elect, shall,
on the second Monday in March, at ten o'clock in
the forenoon, meet in convention, when the oaths
required by this act shall be administered to the
members of the two boards present, by the mayor or
any justice of the peace, and thereupon the two
boards shall separate, and the board of common
council shall be organized by the choice of a presi-
dent and clerk. The board of aldermen may, in the
absence of the mayor, choose a president pro tempore,
who shall preside at joint meetings of the two boards.
Each board shall keep a record of its proceedings,
and judge the elections of its own members, and in
case of failure of election, or of vacancy by death,
resignation, or otherwise, may order new el.ections.

690

CITY OF SALEM.

March 23, 1836.

Duties of the Sec. 7. The mavor thus chosen and qualified

mayor. , , , .

shall be the chief executive officer of said city. It
shall be his duty to be vigilant and active in causing
the laws and regulations of the city to be executed
and enforced, to exercise a general supervision over
the conduct of all subordinate officers, and to cause
their violation or neglect of duty to be punished. —
He may call special meetings of the board of alder-
men and common council, or either of them, when,
in his opinion, the interest of the city requires it, by
causing a summons or notification to be left at the
usual dwelling place of each member of the board or
boards to be convened. He shall, from time to time,
communicate to both of them such information, and
recommend such measures, as the business and in-
terest of the city may in his opinion require. He
shall preside in the board of aldermen, and in joint
meetings of the two boards, but shall have only a

Compensation, casting votc. He shall be compensated for his ser-
vices by a salary, to be fixed by the city council,
payable at stated periods, and shall receive therefor
no other compensation, but such compensation shall
not be increased nor diminished during his continu-
ance in office.

Sec. 8. The executive powers of said city gen-
erally, and the administration of police, with all the
powers heretofore vested in the selectmen of Salem,
shall be vested in the mayor and aldermen, as fully
as if the same were herein specially enumerated. —

City marshal. And the Said mayor and aldermen shall have full and
exclusive power to appoint a city marshal and as-
sistants, and a constable or constables, and all other
police officers ; and may remove the same when in
their opinion sufficient cause for removal exists. —
And the said mayor and aldermen shall have full

CITY OF SALEM. March 23, 1836. 691

and exclusive power to grant licenses to inn-holders, Licenses.
victuallers and retailers within said city, in as full
and ample a manner as the mayor and aldermen of
the city of Boston have authority to grant licenses
in said city of Boston, by virtue of " an Act for the
due regulation of licensed houses." All other pow-
ers now vested in the inhabitants of said town, and
all powers granted by this act, shall be vested in the
mayor and aldermen and common council of said
city, to be exercised by concurrent vote, each board
to have a negative upon the other. But the city city council to

elect overseers of

council shall annually, as soon after their organiza- the poor, sciiooi

, . , I • • 1 II ' committee, &c.

tion as may be convenient, elect by jomt ballot m
convention, the overseers of the poor, school com-
mittee, city treasurer and collector, firewards, city
clerk, assessors and assistant assessors, and shall, in
such manner as said city council shall determine by
any by-law made for the purpose, appoint or elect
all subordinate officers, not herein otherwise direct-
ed, for the ensuing year, define their duties, and fix
their compensations, in cases where such duties and
compensations shall not be defined and fixed by the
laws of this Commonwealth. All sittings of the sittings to be
common council shall be public, and all sittings of p"^''^'
the mayor and aldermen, when they are not engaged
in executive business. The city council shall take
care that moneys shall not be paid from the treasury
unless granted or appropriated ; shall secure a just Bonds.
and prompt accountability, by requiring bonds with
sufficient penalty and sureties from all persons trust-
ed with the receipt, custody, or disbursement of
money ; shall have the care and superintendence of
city buildings, and the custody and management of
all city property, with power to let or sell what may
be legally let or sold, except the common, and to

692

CITY OF SALEM.

Marches, 1836.

Expenditures to
be published an-
nually.

Mayor to nomi-
nate; &c.

Provisos.

City clerk.

Assessors.

purchase property real or personal, in the name and
for the use of the city, whenever its interests or
convenience may in their judgment require it. And
the city council shall, as often as once a year, cause
to be published, for the use of the inhabitants, a par-
ticular account of receipts and expenditures, and a
schedule of city property.

Sec. 9. In all cases in which appointments are
directed to be made by the mayor and aldermen, the
mayor shall have the exclusive power of nomination,
such nomination, however, being subject to be con-
firmed or rejected by the board of aldermen. Pro-
vided, however, tiiat no person shall be eligible to
any office, the salary of which is payable out of the
city treasury, who, at the time of his appointment,
shall be a member either of the board of aldermen
or common council. And neither the mayor, nor
any aldermen, or member of the common council,
shall, at the same time, hold any other office, under
the city tiovernment. Provided, however, that the
mayor and president of the common council shall be,
ex officio, members of the school committee ; and
provided further, that said mayor and aldermen, and
one common councilman from each ward shall be
overseers of the poor, if said city council shall so
determine.

Sec. 10. Said city council shall have power to
choose a city clerk, who shall be clerk of the board
of aldermen. He shall perform such duties as shall
be prescribed by the board of aldermen, and shall
perform all duties, and exercise all the powers, by
law incumbent upon, or vested in, the town clerk of
the town of Salem.

Sec. 11. The city assessors, who shall be annu-
ally chosen by the city council, shall exercise the

CITY OF SALEM. March 23, 1836. 693

same powers, and be subject to the same duties and
liabilities, that the assessors in the several towns in
the Commonwealth may exercise, or be subject to,
under existing laws. And the city council shall
appoint two persons in each ward, whose duty it
shall be to furnish the assessors with all necessary
information relative to persons and property taxable
in their several wards, and who shall be sworn to
the faithful performance of their duty. All taxes Taxes.
shall be assessed, apportioned and collected in the
manner prescribed by the laws of the Common-
wealth. Provided, however, that the city council
may establish further or additional provisions for the
collection thereof.

Sec. 12. The city council shall have exclusive Laying out of
authority and power to lay out any new street or ^ "^
town way, or widen or otherwise alter or discontin-
ue any street or town way in said city, and to esti-
mate the damages any individual may sustain there-
by; and all questions relating to the subject of laying
out, widening, altering, or discontinuing any street,
shall be first acted upon by the mayor and aldermen.
And any person, ao:ffrieved by the decision or judgment Recovery of

X- -J • -I C 1 J damages.

01 said city council, may, so lar as relates to dama-
ges, make complaint to the next meeting of county
commissioners, in the county of Essex, who are
hereby empowered to hear and determine the same
by a jury, or by a committee, if the parties agree, in
the manner authorized by " an act to establish coun-
ty commissioners, and to repeal the several acts es-
tablishing the court of sessions, and in addition
thereto, and the act establishing commissioners of
highways," where a party claims greater damages
than are awarded by said commissioners.

Sec. 13. All the power and authority now by Health commis-

694 CITY OF SALEM. March 23, 1836.

law vested in the board of health for the town of
Salem, shall be transferred to, and vested in, said
city council, to be carried into execution by the ap-
pointment of health commissioners, or in such other
manner as the said city council may deem expedi-
ent.

N^^J^^rof rep- Sec^ j^ Jj- g^all be the duty of the city coun-
cil, in the month of October, annually, to meet in
convention, and determine the number of represen-
tatives to be sent to the general court by said city,
in such year, and to publish such determination,
which shall be conclusive, and the number thus de-
termined shall be specified in the warrant calling a
meeting for the election of representatives.

Election of state Sec. 15. All clcctions for couutv, State, and Uni-

ofncers, &c. ^ "^

ted States officers, who are to be voted for by the
people, shall be held at meetings of the citizens
qualified to vote in such elections, in their respective
wards, at the time fixed by law for those elections
respectively. And at such meetings, all the votes
given for said several officers respectively, shall be
sorted, counted, declared, and registered in open
ward meeting, by causing the names of persons vo-
ted for, and the number of votes given for each, to
be written in the ward record in words at length.
The ward clerk shall forthwith deliver to the city
clerk a certified copy of the record of such elections.
The city clerk shall forthwith record such returns.
Returns of votes, And the mavor and aldermen shall, within two days

and certificates. "^ ^ ^ "^

after every such election, examine and compare all
said returns, and make out a certificate of the re-
sult of such elections, to be signed by the mayor
and a majority of the aldermen, and also by the city
clerk, which shall be transmitted or delivered in the
same manner as similar returns are by law directed

CITY OF SALEM. March 23, 1836. 695

to be made by the selectmen of towns, and such
certificates and returns shall have the same force and
effect as like returns of similar elections made by
the selectmen of towns. And in all elections for
representatives to the general court, in case the
whole number proposed to be elected shall not be
chosen by a majority of the votes legally returned,
the mayor and aldermen shall forthwith issue their
warrant for a new election, and the same proceed-
ings shall be had as are herein before directed, until
the whole number shall be elected.

Sec. 16. Prior to every election, the said mayor ward lists of vo-
and aldermen shall make out lists of all the citizens
of each ward, qualified to vote in such elections, in
the manner in which selectmen and assessors of
towns are required to make out lists of voters, and
for that purpose they shall have full access to the
assessors' books and lists, and be entitled to the aid
and assistance of all assessors, assistant assessors,
and other officers of said city, and they shall deliver
said lists so prepared and corrected, to the clerk of
said ward, to be used at such elections; and no per-
son shall be entitled to vote, whose name is not
borne on such list. And to prevent fraud and mis-
take, a mark shall be placed against the name of
each voter on such list at the time of giving his
vote.

Sec. 17. General meetings of the citizens, qual- General meet-
ified to vote, may from time to time be held to con-
sult upon the public good, to instruct their represen-
tatives, and to take all lawful measures to obtain
redress of any grievances, according to the right se-
cured to the people by the constitution of this Com-
monwealth, and such meetings may and shall be duly
warned, by the mayor and aldermen, upon the re-
quisition of thirty qualified voters of said city.

ings.

696 CITY OF SALEM. March 23, 1836.

Wards, Sec. 18. It shall be the duty of the city council,

seasonably before the Tuesday next preceding the
second Monday in March next, to cause a division
of said city to be made into six wards, in such a
manner as to include, as nearly as conveniently may
be, with well defined limits to each ward, an equal
number of inhabitants in each ward. And the
present division of said town into wards shall con-
tinue, and all ward meetings, and all elections, shall
be held in them, until the meetings for the election
of city officers in March next.

Proceedings in Sec. 19. For the purposc of Organizing the sys-

tlie first election, _ , , i i • i i i

and organizaiion tcm 01 govemmcnt, hereby established, and puttmg

of the city gov- , . . , , ^ . ,

eminent. the samc luto Operation in the first instance, the

selectmen of the town, for the time being, shall sea-
sonably before the fourth Monday in April next,
issue their warrants for calling meetings of the said
citizens, at such place and hour as they shall deem
expedient, for the purpose of choosing a warden and
clerk for each ward, and also to give in their votes
for a mayor and six aldermen, to be taken from the
city at large, and six common council men for each
ward, and the transcripts of the records of each ward,
specifying the votes given for a mayor, six alder-
men, and six common council men, certified by the
warden and clerk of each ward, shall at said first
election be returned to the said selectmen, whose
duty it shall be to examine and compare the same.
And in case said elections shall not be completed at
the first election, then to issue a new warrant until
such elections shall be completed, and to give notice
thereof in the manner herein before directed to the
several persons elected. And at said first meeting,
any inhabitant of said ward, being a legal voter, may
call the citizens to order and preside until a warden

CITY OF SALEM. March23, 1836. 697

shall have been chosen. And at said first meeting,
a list of voters in each ward, prepared and corrected
by the selectmen of the town of Salem, for the time
being, shall be delivered to the clerk of each ward,
when elected, to be used as herein before directed.
And it shall be the duty of the city council, imme-
diately after their first organization, to elect all ne-
cessary city officers, who shall hold their offices re-
spectively, until the second Monday in March then
next, and until others are chosen. And the meet-
ings in March next, for the election of ward and
city officers, shall be called by said mayor and alder-
men, at such time and places, and in such manner
as they shall direct. And at the said first meeting,
the said inhabitants may and shall also give in their
votes for county officers, which votes shall be record-
ed, certified and returned in the manner provided in
the fifteenth section of this act.

Sec. 20. The city council shall have power to By-iawsand
make all such salutary and needful by-laws, as towns ^^'^
by the laws of this Commonwealth have power to
make and establish, and to annex penalties, not ex-
ceeding twenty dollars, for the breach thereof, which
by-laws shall take effect and be in force from and
after the time therein respectively limited, without
the sanction of any court, or other authority what-
ever : provided, however, that all laws and regula-
tions now in force in said town of Salem, shall, not-
withstanding this act, be and remain in force, until
they shall expire by their own limitation, or be re-
vised or repealed by the city council, and all fines
and forfeitures for the breach of any by-law, shall be
paid into the city treasury.

Sec. 21. The police court of the town of Salem, p^jjce court,
in addition to its present powers and jurisdiction,

698 CITY OF SALEM. March 23, 1836.

which are hereby continued to it, shall have cogni-
zance of all offences against the by-laws and regula-
tions, which may be established by the city council
of the city of Salem, and may, on conviction thereof,
award such sentence as to law and justice may ap-
pertain. And any person aggrieved by such sen-
tence may appeal therefrom to the court of common
pleas for the county of Essex, under the restrictions
and conditions, provided by law in other cases of
appeal from said court.
Present town offi- §£0. 22. The anuual town meetings, in the

cers, &c. o '

month of March or April, shall be suspended, and all
town officers now in office shall hold their places
until this act shall go into operation, or until four-
teen days after the same shall have been rejected by
the inhabitants of said town ; and in case said char-
ter should be rejected by said inhabitants, the select-
men shall have authority, within fourteen days after
such rejection, to call a meeting of said inhabitants,
for the choice of town and county officers.

Sec. 23. All such acts and parts of acts as come
within the pervieu of this act, and are inconsistent
with, or repugnant to, the provisions of this act, shall
be, and the same are, hereby repealed.

Sec. 24. Nothing in this act contained shall be
so construed as to prevent the legislature from al-
tering or amending the same whenever they shall
deem it expedient.

Sec. 25. This act, except the twenty-second
section, shall be void, unless the inhabitants of the
town of Salem, at a legal town meeting called for
that purpose, shall by a written vote determine to
adopt the same within fourteen days.

[Approved by the Governor, March 23, 1836.]

SUFFOLK MUT. F. INS. CO. March 23, 1836. 699

CHAP. XLIII.

An Act to incorporate the Suffolk Mutual Fire In-
surance Company.

B-E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows:

Nehemiah P. Mann, Elisha Howes, and David Persons incorpo-
Nickerson, their associates and successors, are here-
by made a corporation by the name of the Suf-
folk Mutual Fire Insurance Company, in the city
of Boston, in the county of Suffolk, with all the
powers and privileges, and subject to all the duties,
restrictions and liabilities, set forth in the thirty-
seventh and forty-fourth chapters of the Revised
Statutes, passed on the fourth day of November, in
the year one thousand eight hundred and thirty-five,
for the term of twenty-eight years.

[Approved by the Governor, March 23, 1836.]

700 JOHN HOLMES. March 23, ISS6.

CHAP. XLIV.

An Act authorizing John Holmes to extend his
Wharf in the town of Tisbury, and to build a
Marine Railway in the harbor of Holmes Hole,
in said town.

JdE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :
^^^'^"^11^^ John Holmes, of Tisbury, is hereby authorized to

extended 300 _ ' -^ ' -^

f«e'' extend his wharf from his own land (the same now

being twenty-two feet in width) in the same direc-
tion and width that it now is, three hundred feet
further into the harbor, to terminate with a T seven-
ty-five feet in length at the end, with liberty to

Marine Railway, build a Marine Railway seventy-five feet wide, to
extend the whole length of said wharf, four hundred
feet from the shore on his own land : Provided, that
this grant shall in no wise interfere with the legal
rights of any other person or persons whatsoever.

[Approved by the Governor, March 23, 1 836.]

CHAS. RIVER WHARF CO. March23, 1836. 701

CHAP. XLV.

An Act to incorporate the Charles River Wharf
Company in the City of Boston.

J3E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1 . Edward A. Raymond, John Hews, and Persons incorpo-
feamuel Curtis, their associates and successors, are
hereby made a corporation by the name of the
Charles River Wharf Company, with all the powers
and privileges, and subject to all tlie duties, restric-
tions and liabilities, set forth in the forty-fourth
chapter of the Revised Statutes, passed on the fourth
day of November, in the year one thousand eight
hundred and thirty-five, with power to hold real Estate.
estate to the amount of two hundred thousand dol-
lars ; and the whole capital stock of said company
shall not exceed two hundred and twenty thousand
dollars, and shall be divided into shares of one hun-
dred dollars each.

Sec. 2. Said corporation may purchase, and hold May purchase

„ . - , . 1 1 r- lands and flats.

in fee simple, or otherwise, any part or all 01 a cer-
tain tract of land and flats, situated in said Boston,
lying upon the northwesterly side of Brighton-Street,
between Leverett Street or Canal Bridge and Poplar
Street, and extending northwesterly from said
Brighton street to the channel, or low water mark,
may fill up said flats, build wharves, store-houses
and other buildings, on said land, and make other
improvements thereon ; provided, that said corpora-

702 TAUNTON CEMETERY. MarcA 23, 1 836.

tion shall not so use or improve its corporate proper-
ty as to encroach upon, or in any way affect the
legal rights of any person or other corporation what-
ever.

[Approved by the Governor, March 23, 1836.]

rated

CHAP. XLVI.

An Act to incorporate the Proprietors of the Taunton

Cemetery.

J3E it enacted by the Senate and House of Rep-
resentatives in General Court assembled, and by the
authority of the same, as follows :

Persons incorpo- Sec. 1. Gcorgc B. Atwood, Samucl B. King,
and Samuel O. Dunbar, together with such other
persons as shall become proprietors of lots in the
Cemetery in Taunton, in the county of Bristol, their
successors and assigns, are hereby made a corporation
by the name of the Proprietors of the Taunton
Cemetery ; and said corporation shall have all the
powers and privileges, and be subject to all the du-
ties, restrictions and liabilities, set forth in the forty-
fourth chapter of the Revised Statutes, passed on
the fourth day of November, in the year one thou-
sand eight hundred and thirty-five.

May take a deed Sec. 2. The Said corporatiou may take a deed
of gift in fee simple, of a certain lot of land in said
Taunton from the honourable Samuel Crocker, and
hold the same, and take and hold any other lands
adjacent thereto, in fee simple, not exceeding twenty

»f gift.

TAUNTON CEMETERY. March 23, 1836. 703

acres, in addition to the said lot, for the purposes
hereinafter provided, and may also take and hold any
personal estate, not exceeding in value ten thousand Estate.
dollars, to be applied to the purposes connected with,
and appropriate to the object of said establishment.

Sec. 3. The said corporation shall take and hold Powers of the

'■ corporation.

the land aforesaid, at and for a rural cemetery or
burying ground, and for the erection of tombs,
cenotaphs or other monuments, for, or in memory of
the dead ; and for this purpose shall have power to
lay out the same in suitable lots or other subdivis-
ions, for family or other burying places, and to plant
and embellish the same with shrubbery, flowers,
trees, walks, and other rural ornaments, and enclose
and divide the same, with proper walls and enclos-
ures, and to make and annex thereto, other suitable
appendages, as the corporation shall, from time to
time, deem expedient; and the said real estate shall
be forever held by said corporation, for such purpo-
ses, and for none other ; and said corporation shall
have authority to grant and to convey to any person
or persons, the sole and exclusive right of burial, and
of erecting tombs, and cenotaphs, and any other or-
naments, in any such designated lots and subdivis-
ions, upon such terms and conditions, and subject to
such regulations as the said corporation shall by
their laws prescribe ; and any right so granted and
conveyed, shall be held for the purposes aforesaid,
and for none other, as real estate, by the proprietor
or proprietors thereof, and shall not be subject to
attachment or execution.

Sec. 4. All persons who shall hereafter become cemetery ex-

^ , . . , ^ r • ^1 empt, &c. from

proprietors of lots m said cemetery oi a size not less taxes.
each than two hundred square feet, shall thereby
become members of said corporation, and the said

704 HINGHAM MAL. IRON CO. March2S,\S36.

cemetery is hereby declared exempted from all pub-
lic taxes, so long as the same shall remain dedicated
to the purposes of a cemetery.

Sec. 5. All the provisions contained in the
seventh, eighth, and ninth sections of the Act of
March thirty-first, in the year one thousand eight
hundred and thirty-five, to incorporate the proprie-
tors of the Cemetery of Mount Auburn, in the county
of Middlesex, shall apply to, and have effect as to
the Taunton Cemetery in the county of Bristol.

[Approved by the Governor, March 23, 1836.]

CHAP. XLVII.

An Act to incorporate the Hingham Malleable Iron
Company.

Jl>E it enacted by the Senate and House of Rep-
j'esentatives in General Court assembled, and by the
authority of the same, as follows:
Persons incorpo- Sec. 1. Robert Burr, Joseph R. Newell, and

rated. , , . . ^

William Whittemore, their associates and successors,
are hereby made a manufacturing corporation by the
name of the Hingham Malleable Iron Company, for
the purpose of manufacturing and converting cast
iron into malleable iron, in the town of Hingham,
within the county of Plymouth, and for this purpose
shall have all the powers and privileges, and be sub-
ject to all the duties, restrictions and liabilities, set
forth in the thirty-eighth and forty-fourth chapters
of the Revised Statutes, passed on the fourth day of

BLACKSTONE INS. CO. March 23, 1836. 705

November, in the year one thousand eight hundred
and thirty-iive.

Sec. 2. The said company may hold, for the Esiatc.
purposes aforesaid, real estate to the amount of fifty
thousand dollars, and the whole capital stock of said
company shall not exceed the amount of one hun-
dred thousand dollars.

[Approved by the Governor, March 23, 1836.]

CHAP. XLVIII.

An Act to incorporate the Blackstone Insurance
Company.

Be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. Ebenezer Smith, Samuel E. Robbins, Persons mcorpo^

T-> r -I • • rated.

and John F. Trull, their associates and successors,
are hereby made a corporation by the name of the
Blackstone Insurance Company, to be established in
the city of Boston, for the purpose of making mari-
time loans, and insurance against maritime losses,
and insurance against losses by fire, in the customary
manner, and for this purpose shall have all the pow-
ers and privileges, and be subject to all the duties,
restrictions and liabilities, set forth in the thirty-
seventh and forty-fourth chapters of the Revised Stat-
utes, passed on the fourth day of November, in the
year one thousand eight hundred and thirty-five, for
the term of twenty years after the passing of this Act.

706 STURBRIDGE COT. MILLS. March 23, 1836.

Estate. Sec. 2. The said corporation may hold any

estate, real or personal, for the use of said company:
Provided, that the real estate shall not exceed the
value of lifty thonband dollars, excepting such as
may be taken for debt, or held as collateral security
for money due to said company.

Sec. 3. The capital stock of said company shall
be two hundred thousand dollars, and shall be di-
vided into shares of one hundred dollars each, and
shall be collected and paid in, in such instalments,
and under such provisions and penalties, as the pres-
ident and directors of said company shall order and
appoint.

[Approved by the Governor, March 23, 1836.]

CHAP. XLIX.

An Act to incorporate the Sturbridge Cotton Mills.

Be it enacted by the Senate and House of Rep-
resentatives in General Court assembled, and by
the authority of the same, as follows :
Persons incorpo- ^^.c. 1. Charlcs Everctt, William Fisk, Henry

rated. _ •^

B. Mather, and their associates and successors, are
hereby made a manufacturing corporation by the
name of the " Sturbridge Cotton Mills," for the pur-
pose of manufacturing cotton and wool in the town
of Sturbridge, in the county of Worcester, and for
this purpose shall have all the powers and privileges,
and be subject to all the duties, restrictions and lia-
bilities, set forth in the thirty-eighth and forty-fourth

LYNN FIRE DEPARTMENT. March 23, 1836. 707

chapters of the Revised Statutes, passed on the
fourth day of November, in the year one thousand
eight liundred and thirty-five.

Sec. 2. The said corporation may hold, for the Estate.
purposes aforesaid, real estate to the amount of fifty
thousand dollars, and the whole capital stock of said
corporation shall not exceed the amount of one hun-
dred and fifty thousand dollars.

[Approved by the Governor, March 23, 1836.]

CHAP. L.

An Act to establish a Fire Department in the town
of Lynn.

i3E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. The selectmen of the town of Lynn are Number of
authorized, and it shall be their duty, in the month of "®^'^^'
April in each year, to appoint as many engineers for
their fire department as they may think expedient :
provided such number so appointed shall not exceed
twelve, who shall hold their offices for one year from
and after the first day of May next succeeding, and
until others are appointed in their places. The said
selectmen are authorized and required to fill any va-
cancies in the said oftice of engineer, and the said en-
gineers shall possess the same authority and exercise
the same powers in relation to the extinguishment
of fires, as firewards do by law possess and exercise.

708

LYNN FIKE DEPARTMENT. March23, 1836.

Chief eng-ineer.

|>ulies.

Certificates of
eiiginemen.

Number of men
to each engine,

Sec. 2. The said selectmen, immediately after
the appointment of said engineers shall have been
made, shall issue a warrant to one of their number,
requiring him to notify a meeting of the board of
engineers, at such time and place as shall be desig-
nated in such warrant, at which meeting the said
engineers shall elect from their number a chief engi-
neer, a clerk, and such other ofiicers as they may
deem necessary for their more com])lete organization.

Sec. 3. The said engineers are hereby authoriz-
ed and required to exercise all the powers, and
perform all the duties in relation to- the nomination
and appointment of engine-men, which the select-
men of said town have been heretofore by law au-
thorized and required to exercise and perform ; and
said engineers, and all persons appointed by them
pursuant to this act, shall be subject to the same
duties, and entitled to the same privileges and
exemptions as engine-men are subjected and entitled
to, when appointed by the selectmen : provided,
however, that they shall not be exempted from mili-
tary duty, unless they shall produce to the com-
manding officer of the company, within whose
bounds they reside, in the month of May, in each
year, certificates of their appointment, signed by the
chief engineer, or by the clerk of the board of
engineers.

Sec. 4. The said engineers are authorized and
empowered to appoint such number of men to the
engines, hose, hook and ladder carriages, and to
constitute a company for the securing of property
when endangered by fire, as they shall think expedi-
ent : provided, that the number of men appointed to
each and every hydraulion or engine with suction
hose, shall not exceed fifty men ; to each common

LYNN FIRE DEPARTMENT. March 23, U36. 709

engine, thirty-five men ; to each liose carriage, ten
men ; to the hook, sail, and Jadder carriages, tliirty-
five men ; to the fire company, twenty-five men ;
also to appoint three men as assistant engineers, who
shall exercise such supervising control and authori-
ty relative to the operations for extinguishing fires,
and to the inspection and preservation of the fire
apparatus belonging to said town, as the board of
engineers may from time to time delegate to them ;
and the said engine, hose, hook, sail, and ladder
carriage men, and fire company are authorized to
organize themselves into distinct companies, to elect
captains, clerks, and other necessary officers, to
establish such rules and regulations as may be ap- En^ne compa-

1 , , , , ^ . , nies, (fee. may

proved by the board or engineers, and to annex make by-iaws.
penalties to the breach of the same, which may be
sued for and recovered, by the clerk of any company
so organized, before any court of competent juris-
diction, to be appropriated to the use of such com-
pany : provided, that no penalty shall exceed the
sum of ten dollars ; and provided further, that such
rules and regulations be not repugnant to the con-
stitution and laws of this Commonwealth.

Sec. 5. The said board of engineers shall have Powers of engi,
the care and superintendence of the public engines,
hose, fire-hooks, sails, ladder carriages, and ladders,
together with the buildings, fixtures and appendages
thereto belonging, and all pumps, reservoirs for wa-
ter, and all apparatus owned by the town of Lynn,
and used for extinguishing fires, and shall cause the
same to be kept in repair, and when worn out, to be
replaced, and from time to time shall make such al-
terations therein and additions thereto, as they shall
deem necessary : provided such alterations, additions
or repairs, shall not exceed in any one year the sum

710

LYNN FIRE DEPARTMENT. March 23, 1836.

Same subject.

Penalties.

Proviso.

of three hundred dollars, unless said town of Lynn
shall have authorized a larger appropriation.

Sec. 6. The said board of engineers, at any
meeting thereof, may establish such rules and ordi-
nances as they may judge proper, to prohibit or reg-
ulate the carrying of fire, firebrands, lighted matches,
or any other ignited materials openly, in the streets
or thoroughfares of said town, or in such parts thereof
as they may designate, and to prohibit any owners
or occupants of any building within said town, or
such parts thereof as such board may designate, from
erecting or maintaining any defective chimney,
hearth, oven, stove or stove pipe, fire frame, or other
fixture, deposite of ashes, or any mi.xture or other
material which may produce spontaneous combus-
tion, or whatever else may give just cause of alarm,
or may be the means of kindling or spreading fires.
And the said board of engineers may also, from time
to time, make and ordain rules and regulations for
their own government, and for the conduct of citi-
zens present at any fire, and may annex penalties for
the breach of any rule,, regulation or ordinance,
which they may have deemed cxj)edient to make,
not exceeding twenty dollars for any one breach
thereof; and the same may be prosecuted for, and
recovered by the chief engineer, in his own name,
before any court of competent jurisdiction ; and all
penalties so recovered shall be appropriated by said
engineers to the improvement of the fire apparatus
of said town : provided such rules, regulations, and
ordinances, shall not be repugnant to the constitution
and laws of the Commonwealth, and shall not be
binding until the same shall have been approved by
the inhabitants of said town in legal town meeting
held for that purpose, and published in some news-
paper printed in said town of Lvnn.

MANSFIELD MINING CO. March 23, 1836. 711

Sec. 7. All laws inconsistent with tlie provis- conditional
ions of this act are iiorcl)) rcpeah^d, so I'ar as thcj '^''"'' '
may apply to said town of Lynn, and the provisions
of this act siiall not take effect until the same shall
have been accepted by a majority of the inhabitants
of said town qualified to vote in town affairs, at a
meeting legally notified for that purpose, and shall
continue in force until modified or repealed by the
legislature of this Commonwealth,

-to'

[Approved by the Governor, March 23, 1836.]

CHAP. LI.

An Act to incorporate the Mansfield Mining Com-
pany.

JjE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. Charles Ellis, Ephraim Harrington, and Persons incorpo-

. . to ' rated.

Joseph Willard, with their associates and successors,
are hereby made a corporation, by the name of the
" Mansfield Mining Company," for the purpose of
digging and mining for coals and other minerals in
the counties of Bristol and Norfolk, and for convert-
ing the same to useful purposes, with all the powers
and privileges, and subject to all the liabilities con-
tained in the thirty-eighth and forty-fourth chapters
of the Revised Statutes, passed on the fourth day
of November, in the year one thousand eight hun-
dred and thirty-five.

712 SUNDERLAND S. M. CO. March 23, \SS6.

Estate. Sec. 2. The said corporation may hold such real

estate, not exceeding sixty thousand dollars in value,
and such personal estate, not exceeding forty thou-
sand dollars in value, as may be necessary to carry
into eifect the objects aforesaid.

[Approved by the Governor, March 23, 1836.]

CHAP. LII.

An Act to incorporate the Sunderland Steam Mill
Company.

J3E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. William Delano, Horatio Graves, and

Persons iiicorpo- Austiu Smith, their associates and successors, are
hereby made a cor|)oration, by the name of Sun-
derland Steam Mill Company, for the purpose of
erecting and putting in operation steam power, to be
used for the grinding of grain, and for other me-
chanical uses, in the town of Sunderland, within the
county of Franklin, and for this purpose shall have
all the powers and privileges, and be subject to all
the duties, restrictions and liabilities, set forth in the
thirty-eighth and forty-fourth chapters of the Re-
vised Statutes, passed on the fourth day of Novem-
ber, in the year one thousand eight hundred and
thirty-five.

Estate. Sec. 2. The said company may hold, for the

purposes aforesaid, real estate to the amount of ten

Northampton silk co. March 23, isse. 713

thousand dollars, and the whole capital stock of said
company shall not exceed the amount of twenty
thousand dollars.

[Approved by the Governor, March 23, 1836.]

CHAP. LHI.

An Act to incorporate the Northampton Silk Com-
pany.

HK it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. Samuel Whitmarsh, Christopher Hub- Persons incorpo-
bard, and William Clark, Jr., their associates and
successors, are hereby made a corporation, by the
name of the Northampton Silk Company, for the
purpose of carrying on the business of the culture
and manufacture of silk, in all its branches, in the
town of Northampton ; and for this purpose shall
have all the powers and privileges, and be subject to
all the duties, restrictions and liabilities set forth in
the thirty-eighth and forty-fourth chapters of the Re-
vised Statutes, passed on the fourth day of Novem-
ber, in the year one thousand eight hundred and
thirty-five.

Sec. 2. The said company may hold, for the Estate.
purposes aforesaid, real estate to the amount of one
hundred thousand dollars, and personal estate to the
amount of one hundred thousand dollars ; and the

714 BERKSHIRE WOOLLEN CO. March 23, 1836.

whole capital stock of said company shall not ex-
ceed two hundred thousand dollars.

[Approved by the Governor, March 23, 1836.]

CHAP. LIV.

An Act to incorporate the Berkshire Woollen Com-
pany.

X>E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :
Persons jncorpo- Sec. 1. John C. Russell, AsaC. RusscU, and

rated.

Ralph P. Russell, their associates and successors,
are hereby made a manufacturing corporation, by
the name of the Berkshire Woollen Company, for
the purpose of manufacturing woollen goods, in the
town of Great Barrington, within the county of
Berkshire, and for this purpose shall have all the
powers and privileges, and be subject to all the du-
ties, restrictions and liabilities set forth in the thirty-
eighth and forty-fourth chapters of the Revised Stat-
utes, passed on the fourth day of November, in the
year one thousand eight hundred and thirty-five.
Estate. Sec. 2. The said company may hold, for the pur-

poses aforesaid, real estate to the amount of ten
thousand dollars, and the whole capital stock of said
company shall not exceed the amount of twenty-
five thousand dollars.

[Approved by the Governor, March 23, 1836.]

N. ENGLAND WORSTED CO. March23, 1836. 715

CHAP. LV.

An Act to incorporate the New-England Worsted
Company.

Jl>E it enacted by the Senate and House of Rep-
resentatives in General Court assefnbled, and by the
authority of the same, as follows :

Sec. 1. George Bond, Samuel Whitvvell and H. Persons lucorpo-
Rogers Kendall, their associates and successors, are
hereby made a corporation, by the name of the " New-
England Worsted Company," for the purpose of pre-
paring wool and other fibrous substances, and for
making the same into yarn, cloth, and other articles,
and also for the purpose of manufacturing machine-
ry, in the counties of Middlesex and Suffolk, and
for this purpose shall have all the powers and priv-
ileges, and be subject to all the duties, restrictions,
and liabilities set forth in the thirty-eighth and forty-
fourth chapters of the Revised Statutes, passed on
the fourth day of November, in the year one thou-
sand eight hundred and thirty-five.

Sec. 2. The said corporation may hold, for the Estate.
purposes aforesaid, real estate to the amount of one
hundred and fifty thousand dollars, and the whole
capital stock of said corporation shall not exceed the
amount of five hundred thousand dollars.

[Approved by the Governor, March 23, 1 836.]

716 ALEWIVE FISHERY. March 23, 1836.

CHAP. LVI.

An act to regulate the Alewive Fishery in the town
of Wellfleet.

xJE it enacted by the Senate and House of
Representatives, in General Court assembled, and
by the authority of the same, as follows :
Selectmen to pre- Sec. 1. Thc Selectmen of thc towH of Wellflcet,

scribe time and

places. for the time being, may, in the month of March or

April annually, prescribe the time, place or places,
and manner of taking alewives, in the creeks and
brooks in the town of Wellfleet, such time not to
exceed four days in a week, and they may appoint
some suitable person to take the same, or they may
sell the right to take said fish as they think best,
and shall fix the compensation therefor.
May keep the Sec. 2. Said Selectmen may cause the natural

obTructions. ° courscs of the streams through which said fish pass,
to be kept open and free of obstructions, and, for
that purpose, as well as for other purposes of this
act, may go upon the land or meadow of any person
through which said streams run, without being deem-
ed trespassers, and if any person molest the said
selectmen, or either of them in the execution of his
or their duties under this act, or shall obstruct the
passage of said fish, the person so offending, shall
forfeit and pay a fine for every offence, not exceed-
ing twenty, nor less than ten dollars, upon convic-
tion thereof before any justice of the peace, in the
county of Barnstable, not an inhabitant of said town
of Wellfleet.

ALEWIVE BMSHERY. March23, 1836. 717

Sec. 3. If any person shall take any of the fish Penalty.
aforesaid in the creeks or brooks or ponds in which
said fish cast their spawn, at any time or in anv
place or manner, other than shall be allowed by said
selectmen as aforesaid, each person so offending, for
each and every offence on conviction thereof, shall
pay a fine not exceeding twenty dollars.

Sec. 4. The inhabitants of said town, at their Quantity of fish

1 . 1111 • I • r • 1 for each family

annual meetmg, shall determme the quantity of said and price,
fish, each family in said town shall receive, and es-
tablish the price they shall pay therefor.

Sec. 5. All persons not otherwise disqualified, Witnesses.
shall be taken to be competent and legal witnesses
in any prosecution upon this act, they being inhabi-
tants of said town of Wellfleet notwithstanding.

Sec. 6. All the forfeitures incurred by virtue of Distribution of
this act, shall be two thirds to the use of said town
of Wellfleet, and one third to the person or persons
giving information, to be recovered in an action of
debt, in any court proper to try the same, to be
brought by the treasurer thereof.

Sec. 7. All laws heretofore made regulating the
alewive fishery in said town of Wellfleet are hereby
repealed.

[Approved by the Governor, March 23, 1836.]

718 NEWBURYPORT LIN. SOC. March 23, 1836.

CHAP. LVII.

An Act to change the name of the " Beverly Chari-
table Society."

Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows:

The " Beverly Charitable Society," incorporated
the first day of March, in the year one thousand
eight hundred and nine, are hereby authorized to
take the name of the " Fisher Charitable Society,"
and shall be entitled to all the powers and privileges,
and subject to all the restrictions contained in their
original act of incorporation.

[Approved by the Governor, March 23, 1836.]

CHAP. LVIII.

An Act to incorporate the Newburyport Linnean

Society.

Be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows:
Persons incorpo- Sec. 1. Abraham Perkins, Moses Merrill, John

rated. tt i • •

Huse, their associates and successors, are hereby
made a corporation, by the name of the Newburyport

HOLDEN MILL COMPANY. March 23, 1836. 719

Linnean Society, for the purpose of collecting and
preserving materials for the civil and natural history
of the county of Essex, in the town of Newburyport,
with all the powers and privileges, and subject to all
the duties, restrictions, and liabilities set forth in the
forty-fourth chapter of the Revised Statutes, and for Estate.
the purpose aforesaid may hold real estate not ex-
ceeding in value the sum of five thousand dollars,
and personal estate not exceeding the sum of ten
thousand dollars.

[Approved by the Governor, March 23, 1836.]

CHAP. LIX.

An Act to incorporate the Holden Mill Company.

JdE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. Oliver Eldredge, Josiah Nickerson, and Persons incorpc-
James Lees, their associates and successors, are
hereby made a manufacturing corporation, by the
name of the Holden Mill Company, for the purpose
of manufacturing cotton and woollen goods, in the
town of Holden, within the county of Worcester, and
for this purpose shall have all the powers and privi-
leges, and be subject to all the duties, restrictions,
and liabilities set forth in the thirty-eighth and forty-
fourth chapters of the Revised Statutes, passed on
the fourth day of November, in the year one thou-
sand eight hundred and thirty-five.

Sec. 2. The said corporation may hold, for the Estate.

720 BOSTON SILK MANUF. CO. MarcA 23, 1 836.

purposes aforesaid, real estate to the amount of
twenty thousand dollars, and personal estate to the
amount of fifty thousand dollars.

[Approved by the Governor, March 23, 1836.]

CHAP. LX.

An Act to incorporate the Boston Silk Manufacturing
Company.

He it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows:

Persons incorpo- Sec. 1. Henry RIcc, Jamcs C. Dunn, Henry
Upham, and their associates and successors, are
hereby made a manufacturing corporation, by the
name of " the Boston Silk Manufacturing Company,"
for the purpose of manufacturing silk, and silk and
cotton goods, within the county of Suffolk ; and for
this purpose shall have all the powers and privileges,
and be subject to all the duties, restrictions, and lia-
bilities set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes, passed on the fourth
day of November, in the year one thousand eight
hundred and thirty-five.

Sec. 2. The said corporation may hold, for the

Estate. purposes aforcsaid, real estate to the amount of

seventy-five thousand dollars, and the whole capital
stock of said corporation shall not exceed the amount
of two hundred thousand dollars.

[Approved by the Governor, March 23, 1836.]

SALEM INDIA RUBBER CO. Murck 23, 1836. 721

CHAP. LXI.

An Act to incorporate the Salem India Rubber Com-
pany.

_oE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and bij the
anthority of the same, as follows:

Sec. 1. Jolin Winn, Larkin Thorndike, and Jo- Persons incorpo-
seph G. Waters, their associates and successors, are
hereby made a manufacturing corporation, by the
name of the Salem India Rubber Company for the
purpose of manufacturing India rubber cloth, leath-
er, clothing and other fabricks and articles com-
posed wholly or in part of India rubber, in the town
of Salem within the county of Essex, and for this
purpose shall have all the powers and privileges,
and be subject to all the duties, restrictions and lia-
bilities set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes, passed on the
fourth day of November, in the year one thousand
eight hundred and thirty-five.

Sec. 2. The said company may hold, for the Estate.
purposes aforesaid, real estate to the amount of fifty-
thousand dollars, and the whole capital stock of said
company shall not exceed the ansomit of one; hun-
dred and fifty thousand dollars.

[Approved by the Covernor, IVlan ii 2ri, 1856.]
91

722 MARLBOROUGH M. F. I. CO. March 23, 1836.

CHAP. LXH.

An Act to incorporate the Marlborough Mutual Fire
Insurance Company.

X>E it enacted by ihe Senate and House of Rep-
resentatives in General Court assembled, and by the
authority of the same, asfolloivs :
Persons incorpo- Abraham Howe, Solomon Weeks, and Nichol-

rated.

son B. Procter, their associates and successors,
are hereby made a corporation, by the name of
the Marlborough Mutual Fire Insurance Company,
in the town of Marlborough in the county of Mid-
dlesex, with all the powers and privileges, and sub-
ject to all the duties, restrictions and liabilities set
forth in the thirty-seventh and forty-fourth chapters
of the Revised Statutes, passed on the fourth day of
November, in the year one thousand eight hundred
and thirty-five, for the term of twenty-eight years.

[Approved by the Governor, March 23, 1836.]

ATKINSON DONATION. March 23, IS36. 723

CHAP. LXIII.

An Act authorizing School District number Two in
Newbury to sell lands, called the " Atkinson Do-
nation."

J3E it enacted by the Seriate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, asfolloivs:

Sec. 1. School district number two in the town
of Newbury, is here])y authorized to sell and con-
vey by deed, the whole or any part of the lands ly-
ing in Newbury and Salisbury, which were devised
to said district by the last will and testament of
Moses Atkinson, late of said Newbury, deceased.

Sec. 2. The proceeds of such sales shall be in-
vested in such manner as said district may direct, i""°ceeds
and the annual income thereof, only, applied to the
support of schools therein : provided, however, that
the funds shall ever be under the direction of a com-
mittee chosen by the qualified voters of said dis-
trict annually, and shall be subject to the same lia-
bilities and contingencies to which said lands would
be liable by the provisions contained in said will, in
case of a division of s^iid ^school district, or a neg-
lect to appropriate the income thereof to the use of
schools.

Sec. 3. The inhabitants of said school district,
may, at any meetingyegally called for that purpose,
choose a committee to make sale of the whole, or
any part of said lands in such way and manner as

Investment of

724 CHARL. MUT. FIRE INS. CO. March 23, 1836.

may be thought for the benefit of said district, and
the committee thus chosen, shall have authority to
execute and deliver deeds accordingly.

[Approved by the Governor, March 23, 1836.]

CHAP. LXIV.

An Act to incorporate the Charlestown Mutual Fire
Insurance Company.

Be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :
Persons incorjo Sec. 1. Charles Thompsou, James Bird jr. and
William Wyman, their associates and successors, are
hereby made a corporation, by the name of the
Charlestown Mutual Fire Insurance Company, in the
town of Charlestown, in the county of Middlesex,
with all the powers and privileges, and subject to all
the duties, restrictions and liabilities set forth in the
thirty-seventh and forty-fourth chapters of the Re-
vised Statutes, passed on the fourth day of November,
in the year one thousand eight hundred and thirty-
five, for the term of twenty-eight years.

rated

[Approved by the Governor, March 23, 1836.]

HINSDALE MANUF. COMP. March 23, 1836. 725

CHAP. LXV.

An Act to incorporate the " Hinsdale Manufacturing
Company."

JjE it enacted by the Senate and House of Rep-
7'esentatives, in General Court assembled, and by
the authority of the same, as follows :

Sec. 1. Frederick Curtiss, D. M. Hinsdale, and Persons mcorpo
William Hinsdale, their associates and successors,
are hereby made a manufacturing corporation, by
thenameof the "Hinsdale Manufacturing Company,"
for the purpose of manufacturing cotton and wool, in
the town of Hinsdale, in the county of Berkshire ; and
for this purpose shall have all the powers and privi-
leges, and be subject to all the duties, restrictions
and liabilities set forth in the thirty-eighth and forty-
fourth chapters of the Revised Statutes, passed on
the fourth day of November, in the year one thou-
sand eight hundred and thirty-five.

Sec. 2. The said corporation may hold, for the Estate.
purposes aforesaid, real estate to the amount of forty
thousand dollars, and the whole capital stock of said
corporation shall not exceed the amount of one
hundred thousand dollars.

[Approved by the Governor, March 23, 1836.]

726 WARREN IRON & ST. CO. March 23, ISS6.

CHAP. LXVI.

An Act in addition to an Act to incorporate the
Warren Iron and Steel Company.

Be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. The act establishing the Warren Iron
and Steel Company is so far altered, as to enable
said company to exercise their corjjorate franchise
in the counties of Suffolk and Norfolk.

Sec. 2. The said Warren Iron and Steel Com-
pany shall have all the powers and privileges, and
be subject to all the duties, restrictions and liabili-
ties set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes, passed on the
fourth day of November, in the year one thousand
eight hundred and thirty-five.

[Approved by the Governor, March 23, 1836.]

ASHUELOT MAN. CO. March 23, 1836. 727

CHAP. LXVII.

An Act to incorporate the "Ashuelot Manufacturing
Company."

JlJE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. Henry Marsh, G. D. Weston, Walter Persons incorpo-
Tracy, and their associates and successors, are here-
by made a manufacturing corporation, by the name
of the " Ashuelot Manufacturing Company," for the
purpose of manufacturing cotton and wool in the
town of Dalton, in the county of Berkshire, and for
this purpose shall have all the powers and privileges,
and be subject to all the duties, restrictions and lia-
bilities set forth in the thirty-eighth and forty-fourth
chapters of the Revised Stautes, passed on the fourth
day of November, in the year one thousand eight
hundred and thirty-five.

[Approved by the Governor, March 23, 1836.]

728 BERKSHIRE IRON CO. March 23, 1836.

CHAP. LXVIII.

An Act to incorporate the Berkshire Iron Company.

j>E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :
Persons incorpo- Sec. 1. Chafles Wood, John Adriance, and W.

rated. ' '

S. Stevens, their associates, successors and assigns,
are hereby made a manufacturing corporation, by
the name of the Berkshire Iron Company, for the
purpose of manufacturing iron in the town of Great
Barrington, in the county of Berkshire, and for this
purpose shall have all the powers and privileges, and
be subject to all the duties, restrictions and liabili-
ties set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes, passed on the
fourth day of November, in the year one thousand
eight hundred and thirty-five.
Estate. Sec. 2. The said company may hold, for the

purposes aforesaid, real estate to the amount of fifty
thousand dollars, and the whole capital stock of said
company shall not exceed the amount of one hun-
dred and ten thousand dollars.

[Approved by the Governor, March 23, 1836.]

NEWB. INS. COMPANY. March 26, 1836. 729

CHAP. LXIX.

All Act to incorporate the Newburyport Insurance
Company.

XjE it enacted by the Senate and House of
Representatives, in Ge7ieral Court assembled, and by
the authority of the same, as follows :

Sec. 1. John Merrill, Philip Johnson, and Sam- persons incorpo-
uel Pettingell, their associates and successors, are
hereby made a corporation, by the name of the New-
buryport Insurance Company, to be located in New-
buryport, for the purpose of making maritime loans,
and insurance against maritime losses, and losses by
fire, in the customary manner, with all the powers
and privileges, and subject to all the duties, restric-
tions, and liabilities set forth in the thirty-seventh
and forty-fourth chapters of the Revised Statutes,
passed on the fourth day of November, in the year
one thousand eight hundred and thirty-five, for the
term of twenty years from the passing of this act.

Sec. 2. The said corporation may hold any es- Estate.
tate, real or personal, for the use of 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 said company.

Sec. 3. The capital stock of said company shall

be seventy-five thousand dollars, and shall be divided

into shares of one hundred dollars each, and shall be

collected and paid in, in such instalments, and un-

730 JNEWBURYPORT SILK CO. March 25, 1836

der such penalties, as the president and directors of
said company shall order and appoint.
Restriciion on Sec. 4. The Said companv shall bc cmpowered

any one risk. ,.,. -, iir/--j

to commence their business when one lialt oi said
capital stock shall have been paid in, being restrict-
ed to eight per centum on any one risk ; provided,
however, that the whole amount of seventy-five
thousand dollars shall be paid in within one year
from the passing of this act.

[Approved by the Governor, March 25, 1836.]

CHAP. LXX.

An Act to incorporate the Newburyport Silk Com-
pany.

15E it enacted by the Senate and House of Rep-
resentatives in General Court assembled, and by the
authority of the same, as follows :
Persons incoipo- Sec. 1. Hector Coffiu, William Bartlett, John
Porter, their associates and successors, are hereby
made a corporation, by the name of the Newbury-
port Silk Company, for the purpose of carrrying on
the business of the culture and manufacture of silk,
in all its branches in the towns of Newburyport,
Newbury and West Newbury, and for this purpose
shall have all the powers and privileges, and be sub-
ject to all the duties, restrictions and liabilities set
forth in the thirty-eighth and forty-fourth chapters of
the Revised Statutes, passed on the fourth day of
November, in the year one thousand eight hundred
and thirty-live.

WINCHENDON MAN. CO. March 25, J 836. 731

Sec. 2. The said company may hold, for the |)ur- Estate.
poses aforesaid, real estate to the amount of forty
thousand dollars, and personal estate to the amount
of sixty thousand dollars ; and the whole capital
stock of said company shall not exceed one hundred
thousand dollars.

[Approved by the Governor, March 25, 1836.]

CHAP. LXXI.

An Act to incorporate the Winchendon Manufactur-
ing Company.

J3E it enacted by the Senate and House of
Representatives in General Court assembled, and
by the authority of the same, as follows :

Sec. 1. Elisha Parks and Thomas Lord, their pe^sonsincorpo-
associates and successors, are hereby made a manu- '^^^'^'
facturing corporation, by the name of the Winchen-
don Manufacturing Company, for the purpose of
manufacturing vt^oollen goods in the town of Win-
chendon, within the county of Worcester, and for
this purpose shall have all the powers and privileges,
and be subject to all the duties, restrictions and lia-
bilities set forth in the thirty-eighth and forty-
fourth chapters of the Revised Statutes, passed on
the fourth day of November, in the year one thou-
sand eight hundred and thirty-five.

Sec. 2. The said company may hold, for the pur- Fstatc.
poses aforesaid, real estate to the amount of twen-
ty-five thousand dollars, and the whole capital stock

732 MUNROE COMPANY. Marc/i 28, 1836

of said company shall not exceed the amount of
seventj-five thousand dollars.

[Approved by the Governor, March 25, 1836.]

CHAP. LXXII.

An Act to incorporate the Munroe Company.

J3£ it enacted by the Senate and House of Rep-
resentatives^ in General Court assembled, and by the
authority of the same, asfolloios:

Persons incorpo- Sec. 1. Luthcr Parks, Isracl Thorndike, and
John S. Wright, their associates and successors, are
hereby made a manufacturing corporation, by the
name of " The Munroe Company,'' for the purpose
of manufacturing woollen, cotton and silk goods
and machinery, in the towns of Palmer and Belch-
ertown, within the counties of Hampden and Hamp-
shire, and for this purpose shall have all the pow-
ers and privileges, and be subject to all the duties,
restrictions and liabilities set forth in the thirty-
eighth and forty-fourth chapters of the Revised
Statutes, passed on the fourth day of November, in
the year one thousand eight hundred and thirty-five.

E«iate. Sec. 2. The said company may hold, for the

purposes aforesaid, real estate to the amount of two
hundred and fifty thousand dollars, and the whole
capital stock of the company, shall not exceed the
amount of five hundred and fifty thousand dollars.

[Approved by the Governor, March 28, 1836.]

FIRST C. PAR. IN DUXBURY. March2^, 1836. 733

CHAP. LXXIII.

An Act to authorize the First Congregational Parish
in Duxbury to sell their Ministerial Lands.

Be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

The First Congregational Parish in Duxbury is
hereby authorized by their treasurer for the time
being, or by a committee appointed for the purpose,
to sell, either at public or private sale, as the parish
shall think best, and to pass deeds to convey, all
the ministerial lands belonging to said parish, the
proceeds thereof to be safely invested in such man- Proceeds to be

iuvcstcd.

ner as the parish shall direct, the annual income of
such proceeds, and no part of the principal sum, to
be applied forever to the support of the ministry in
said parish : provided, that the minister or ministers
of said parish, for the time being, shall concur with
the parish in making such sale, and shall join in the
deed or deeds of conveyance.

[Approved by the Governor, March 28, 1836.]

734 BOS. & ROX. P. L. & C. CO. March 28, 1836.

CHAP. LXXIV.

An Act to incorporate the Boston and Koxbury
Patent Leather and Cloth Company.

jjE it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as folloivs :

falT' '°""^°' ^^c- ^' John Haskins, Josiah Pierce, Otis Rich,
and their associates and successors, are hereby made
a manufacturing corporation, by the name of the
" Boston and Roxbury Patent Leather and Cloth
Company," for the purpose of carrying on the busi-
ness of manufacturing patent leather, and patent
japanned cloth, and other japanned articles, in the
town of Roxbury, and for this purpose shall have all
the powers and privileges, and be subject to all the
duties, restrictions, and liabilities set forth in the
thirty-eighth and forty-fourth chapters of the Revised
Statutes, passed on the fourth day of November, in
the year one thousand eight hundred and thirty-five.

Estate. Sec 2. The said corporation may hold, for the

purposes aforesaid, real estate to the amount of
twenty-five thousand dollars, and the whole capital
stock of said corporation shall not exceed seventy-
five thousand dollars.

[Approved by the Governor, March 28, 1836.]

BROWN WOOLLEN MILLS. March 28, 1836. 735

CHAP. LXXV.

An Act to incorporate the Brown Woollen Mills.

dE it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows:

Sec. 1. Arthur French, Edward H. Bobbins, Persons incorpo-

rated.

and John S. Wright, their associates and successors,
are hereby made a manufacturing corporation, by the
name of the " Brown Woollen Mills," for the purpose
of manufacturing cotton and wool, in the town of
Millbury, in the county of Worcester, and for this
purpose shall have all the powers and privileges, and
be subject to all the duties, restrictions, and liabili-
ties set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes, passed on the
fourth day of November, in the year one thousand
eight hundred and thirty -five.

[Approved by the Governor, March 28, 1836.]

736 NAUMKEAG BANK. March 30, 1836.

CHAP. LXXVI.

An Act to increase the Capital Stock of the Naum-
keag Bank.

13 E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. The president, directors and company
of the Nauuikeag Bank, are hereby authorized to
increase their present capital stock, by an addition
of three hundred thousand dollars, in shares of one
hundred dollars each, which shall be paid in such
instalments, as the president and directors of said
When to be paid bank may direct and determine : provided, that the
'"■ whole amount shall be paid on or before the first

day of October next.

Sec. 2. The additional stock aforesaid shall be
subject to the like tax, regulations, restrictions and
provisions, to which the present capital stock of said
corporation is now subject.
Certificate. S^<^' ^' Bcforc the Said corporation shall proceed

to do business upon said additional capital, a certifi-
cate, signed by the president and directors, and
attested by the cashier, that the same has been
actually paid in to said bank, shall be returned into
the office of the secretary of the C immonwealth.

[Approved by the Governor, March 30, 1 836.]

WARREN BANK. March 30, 1836. 737

CHAP. LXXVII.

An Act to increase the Capital Stock of the Warren
Bank in Danvers.

13 E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. The president, directors and company of
the Warren Bank in Danvers are hereby authorized
to increase their present capital stock, by an addi-
tion thereto, of sixty thousand dollars, in shares of
one hundred dollars each, which shall be paid in
such instalments as the president and directors of
said bank may direct and determine. PromWe J, >y''^° ^° "^^ p^''^
that the whole amount shall be paid in on or before
the first Monday in October next.

Sec. 2. The additional stock aforesaid shall be
subject to the like tax, regulations, restrictions and
provisions to which the present capital stock of said
corporation is now subject.

Sec. 3. Before said corporation shall proceed to certificate,
do business upon said additional capital, a certificate
signed by the president and directors, and attested
by the cashier, that the same has been actually paid
into said bank, shall be returned into the office o(
the secretary of the Commonwealth.

[Approved by the Governor, March 30, 1836.]

738 MERKIMACK BANK, March 30, 1836.

CHAP. LXXVIII.

An Act to increase the Capital Stock of the Merri-
mack Bank.

XjE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. The president, directors and company of
the Merrimack Bank, are hereby authorized to increase
their present capital stock, by an addition thereto
of ninety thousand dollars, in shares of one hundred
and fifty dollars each, which shall be paid in such
instalments as the president and directors of said

When to be paid bank may direct and determine. Provided, that the
whole amount shall be paid in on or before the first
Monday of October next.

Sec. 2. The additional stock aforesaid shall be
subject to the like tax, regulations, restrictions and
provisions to which the present capital stock of said
corporation is now subject.

Ceriificaie. Sec. 3. Before said corjioration shall proceed to

do business upon said additional capital, a certificate
signed by the president and directors, and attested
by the cashier, that the same has been actually paid
into said bank, shall be returned into the office of
the secretary of the Commonwealth.

[Approved by the Governor, March 30, 1836.]

NORFOLK GRANITE CO. March 30, 1836. 739

CHAP. LXXIX.

An Act to incorporate the Norfolk Granite Company.

Jl> E it enacted by the Senate and House of Rep-
resentatives in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. Thomas Butler, William Curtis Atvvell, Persons incorpo-
Richard Henry Atwell, and Samuel L. Knapp, and
their associates and successors, are hereby made a
manufacturing corporation, by the name of the Nor-
folk Granite Company, for the purpose of quarrying,
hammering, cutting, manufacturing and vending
granite stone, in Quincy, in the county of Norfolk,
and in Boston, in the county of Suffolk, and for this
purpose shall have all the powers and privileges, and
be sul)ject to all the duties, restrictions and liabili-
ties set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes, passed on the
fourth day of November, in the year one thousand
eight hundred and thirty-five.

Sec. 2. The said corporation may be lawfully Estate.
seized and possessed of such real estate as may be
necessary and convenient for the purposes aforesaid,
not exceeding the value of twenty-five thousand
dollars, and the whole capital stock of said corpora-
tion shall not exceed the sum of one hundred and
fifty thousand dollars.

[Approved by the Governor, March 30, 1836.]

740 LOWELL FREEWILL BAP. March SO, 1836.

CHAP. LXXX.

An Act to incorporate the Proprietors of the First
Freewill Baptist Meeting-house in Lowell.

XjE it enacted by the Senate and House of Rep-
resentatives in General Court assembled, and by the
authority of the same, as follows:

Persons mcorpo- Nathaniel Thurston, Samuel Folsom, and Abram
S. Holbrook, their associates and successors, are
hereby made a corporation, bj the name of the Pro-
prietors of the First Freewill Baptist Meeting-house
in Lowell, with the rights and privileges, and sub-
ject to the duties and liabilities incident to religious
societies in this Commonwealth, and with power to

Estate. hold real and personal estate, the annual income of

which, exclusive of such meeting-house as they may
erect, with the land under and appurtenant to the
same, shall not exceed one thousand dollars : provi-
ded, the same shall be appropriated exclusively to
parochial purposes.

[Approved by the Governor, March 30, 1836.]

TRURO & PROVINCETOWN. March 30, 1836. 741

CHAP. LXXXI.

An Act to set off a part of the town of Truro, and
annex the same to the town of Provincetown.

_dE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

All that part of the town of Truro, in the county
of Barnsiable, which was originally run out, and
known as the fourth lot, with the fifth, sixih, and
seventh lots in the westerly part of said Truro,
together with all the inhabitants on said lots, are
hereby set off and separated from said Truro, and
annexed to and made a part of the town of Province-
town ; provided, however, that said inhabitants so set
off, shall be liable to pay all taxes that have been
legally assessed on them by said town of Truro, in persons set off to
the same manner as if this act had not been passed ; assessedlnTruril
and provided further, that until a new valuation of
polls and estates shall be taken and made, the said
town of Provincetown shall be liable to pay over to
the town of Truro all such sums of money as shall
be levied and collected from the inhabitants set off
as aforesaid, as their proportion of the state and
county taxes. This act shall take effect from and
after the fifteenth day of November next, unless the
inhabitants of Provincetown shall, in a legal town
meeting, held prior to that time, vote not to accept
the same.

[Approved by the Governor, March 30, 1836.]

742 FIRST PAR. IN BRADFORD. March 30, 1836.

CHAP. LXXXII.

An Act to authorize the First Parish in Bradford to
sell Ministerial Lands.

UE it enacted by the Senate and House of
Representatives^ in General Court assembled, and by
the authority of the same, as follows :

The First Parish in Bradford are hereby authoriz-
ed to sell, and by their treasurer for the time being,
or by a committee chosen for the purpose, to pass
deeds to convey any part, or the whole of the
Appropriation of ministerial lands of said parish, lyinjr in said town of

proceeds. ' "^ ^

Bradford, and the proceeds thereof shall be added to
their parish fund, and the interest of such proceeds
applied towards the support of the ministry in said
parish, agreeably to the provisions of " an act to
incorporate certain persons as trustees of a fund for
the support of a congregational gospel minister in the
first parish in Bradford, in the county of Essex,"
passed the tenth day of February, in the year one
thousand eight hundred and four : provided the min-
ister of said parish shall give his assent to such sale,
by joining in the deed or deeds of conveyance.

[Approved by the Governor, March 30, 1836.]

ROCK HARBOR RIVER CO. March 30, 183G. 743

CHAP. LXXXHI.

An Act to incorporate the Rock Harbor River Com-
pany in Orleans and Eastham.

13 E it enacted by the Senate and House of Rep-
resentatives in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. Oliver Smith, Sparrow Horton, Jona- Persons incorpo-

I i~> • • rated.

than Rogers, their associates and successors, are
hereby made a corporation, by the name of the Rock
Harbor River Company, with all the powers and
privileges, and subject to all the duties, restrictions
and liabilities contained in the forty-fourth chapter
of the Revised Statutes, passed on the fourth day of
November, in the year one thousand eight hundred
and thirty-five.

Sec. 2. The said corporation shall be capable in Boundaries of
law to have, hold, and possess in fee simple, lease-
hold or otherwise, all or any part of that certain real
estate, situated in said Orleans and Eastham, com-
mencing at a rock on the south border of said river,
being the boundary line between the said towns of
Orleans and Eastham, and extending thence due
north across said river, to a bound six rods from said
river ; thence extending northwestwardly over the
beach and sedge ground parallel with said river, and
six rods from the same, to a point forty rods to the
westward of the sedge ground ; thence due south
eighteen rods ; thence southeastwardly parallel with
the said river, and six rods from the same, to the
town road ; thence eastward ly by the north side of

744 ROCK HARBOR RIVER CO. March 30, 1836.

said road, to a point due south of the first mentioned
bound ; thence due north to the first mentioned
bound, with all the rights, privileges and appurte-
nances thereunto belonging : provided, the lawful
owners of the said property shall legally convey the
same to the said Rock Harbor River Company ; and
the said company shall have authority to build a
Company may dam across Said river, on the east end of the premises

build a dam and

wharves. aforcsaid, with a gate or gates to the same, and a

sluiceway, with authority to stop the water in the
river above the dam, at high tides, and to let it off at
low tides, as they may deem expedient. And the said
corporation shall have authority to build a wharf or
wharves, and maintain the same, on the borders of
the said river, as they may deem expedient, and to
lay vessels at the side and ends thereof, and to re-
ceive dockage and wharfage therefor, and also to
grant, sell and alien, in fee simple, or otherwise con-
vey their corporate property, or any part thereof,
within the above described limits, and to lease, man-
age and improve, build, re-build, pull down and alter
the same, also to remove, construct, erect, alter or
repair any dam-gate, sluicewaj^, buildings, wharves,
docks, passage ways, and straighten and deepen said
river within the said limits, according to their plea-
sure, by such forms of conveyance and contract as
shall by their by-laws be provided : provided, that
this act shall in nowise interfere with the legal rights
of any person or persons whatsoever.

Shares to be per- Sec. 3. Said corporatiou. at any lej>:al meetino;,

sonal estate. , *^ ° . . °

may agree upon the number of shares into which
their corporate property and estate shall be divided,
not exceeding one hundred and fifty, and agree upon
the form of the certificates to be given to the pro-
prietors, which shares shall be deemed and consid-

DWIGHT COMPANY. March SO, 1836. 745

ered as personal estate, and shall be traiisrerrable by
assignment on the back of the certificate, recorded
by the clerk of the corporation in a book to be kept
for that purpose, and shall be liable to attachment
on mesne process, and sale on execution, in the same
manner, and according to the statutes making pro-
vision for attachment and sale of shares of debtors
in corporate companies.

Sec. 4. The said corporation shall have authori-
ty, from time to time, to assess on the stockholders
such sums of money, not exceeding fifty dollars in
the whole on each share, for the purchase, improve-
ment and good management of their estate.

[Approved by the Governor, March 30, 1836.]

CHAP. LXXXIV.

An Act to incorporate the Dvvight Company.

UE it enacted by the Senate and House of Rep-
resetitaiives, in General Court assembled, and by the
authority of the same, as follows. ■

Sec. 1. Charles Stearns, George Bliss and VVil- Persons iucorpo-
liam Dvvight, their associates and successors, are
hereby made a <'orporation, by the name of " the
Dvvight Conipany'' for the. purpose of manufacturing
locomotive and other steam engines, machinery, and
cotton and woollen goods, in the town of Springfield,
in the county of Hampden, and for this purpose
shall have all the powers and privileges, and be sub-
ject to all the duties, restrictions and liabilities set
94

746 JOHN HOOD. March 30, 1836

forth in the thirty-eighth and fortj-fourth chapters
of the Revised Statutes, passed on the fourth day of
November, in the year one thousand eight hundred
and thirty-five.
Estate. Sec. 2. The said company may hold, for pur-

poses aforesaid, real estate to the amount of one
hundred thousand dollars, and the whole capital
stock of said company shall not exceed three hun-
dred thousand dollars.

[Approved by the Governor, March 30, 1836.]

CHAP. LXXXV.

An Act authorizing John Hood to extend his Wharf
in Somerset.

JjE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

John Hood of Somerset is hereby authorized to
extend his w^harf in Somerset, called the Try-house
Wharf, into Taunton river, any distance not exceed-
ing one hundred feet beyond its present limits :
provided, such extension shall not affect the private
rights of any other person.

[Approved by the Governor, March 30, 1836.]

WRENTHAM BANK. March 3\, 1836. 747

CHAP. LXXXVI.

An Act to increase the Capital Stock of the Wrent-
ham Bank.

J3E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. The president, directors and company of
the Wrentham Bank are hereby empowered to in-
crease their present capital stock, by an addition of
fifty thousand dollars thereto, in shares of one hundred
dollars each, which shall be paid in such instalments,
and at such times, as the president and directors of
said bank may direct and determine : provided, how-
ever, that the whole amount shall be paid in on or When to be paid
before the first Monday of October next.

Sec. 2. The additional stock aforesaid shall be
subject to the like tax, regulations, restrictions and
provisions to which the present capital stock of said
bank is now subject.

Sec. 3. Before said corporation shall proceed to certificate.
do business upon said additional capital, a certificate,
signed by the president and directors, and attested
by the cashier, that the same has been actually paid
into said bank, shall be returned into the office of
the secretary of the Commonwealth.

[Approved by the Governor, March 31, 1836.]

748 BEVERLY BANK. Morc/^ 31, 1836.

CHAP. LXXXVII.

An Act to increase the capital stock of the Beverly

Bank.

13 E it enacted hy the Senate and House of Rep-
resentatives^ in General Court assembled, and by the
authority of the same, as follows:

Sec. 1. The president, directors and comj)any
of the Beverly Bank are hereby authorized to in-
creaso their present capital stock, by an addition of
twenty-five thousand dollars, in shares of sixty-two
dollars and fifty cents each, which shall be paid in
such instalments as the president and directors of said

When to he paid bank may direct and determine ; provided, that the
whole amount shall be paid on or before the first day
of October next.

Sec. 2. The additional stock aforesaid shall be
subject to the like tax, regulations, restrictions and
provisions, to which the present capital stock of said
corporation is now subject.

Certificate. gg^. 3. Bcforc the Said corporation shall pro-

ceed to do business upon said additional capital, a
certificate, signed by the president and directors,
and attested by the cashier, that the same has been
actually paid into said bank, shall be returned into
the office of the secretary of the Commonwealth.

[Aporoved by the Governor, March 31, 1836.]

ESSEX PRINTING COMP. March 31, 1836. 749

CHAP. LXXXVIII.

An Act to incorporate the Essex Printing Company.

Jl>E it enacted by the Senate and House of
Representatives^ in General Court assembled, and
by the authority of the same, as follows :

Sec. 1. Daniel Hastinirs, Jonathan Howard, and Persons incorpo-

rated.

William H. Tileston, their associates and successors,
are hereby made a manufacturing corporation, by the
name of the "Essex Printing Company" for the
purpose of printing, dyeing and bleaching cotton,
woollen, silk and other fabrics in the town of Lynn,
in the county of Essex, and for this purpose shall
have all the powers and privileges, and be subject to
all the duties, restrictions and liabilities set forth in
the thirty-eighth and forty-fourth chapters of the
Revised Statutes, passed on the fourth day of No-
vember, in the year one thousand eight hundred and
thirty-five.

Sec. 2. The said corporation may hold, for the Estate.
purposes aforesaid, real estate to the amount of sev-
enty-five thousand dollars, and the whole capital
stock of said corporation shall not exceed the amount
of two hundred and twenty-five thousand dollars.

[Approved by the Governor, March 31, 1836.]

750 HEDGE'S WHARF. March 31, 1836.

CHAP. LXXXIX.

An Act authorizing Benjamin Ellis to extend his
Wharf, on the Wankinco River, in Wareham.

JljE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Benjamin Ellis is hereby authorized to extend his
wharf, in Wareham, situate on the Wankinco River,
between the wharves of Barnabas Hedge, and John
A. Parker and others, so far into said river, as to
form a right line from the exterior corner of each of
the two last named wharves : provided that such ex-
tension shall not infringe on the legal rights of others.

[Approved by the Governor, March 31, 1836.]

CHAP. XC.

An Act authorizing Barnabas Hedge to extend his
Wharf, on the Wankinco River, in Wareham.

j3E it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, asfoUoics :

Barnabas Hedge is hereby authorized to extend
his wharf, situate on the Wankinco River, in Ware-
ham, so far into said river as to be in a straight line

FALL RIVER BANK. March 31, 1836. 761

with that part of said wharf" which the said Hedge
purchased of Perez F. Briggs : jjwvided such exten-
sion shall not infringe on the legal rights of others.

[Approved by the Governor, March 31, 1836.]

CHAP. XCI.

An Act to increase the Capital Stock of the Fall
River Bank.

He it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows:

Sec. 1. The president, directors and company of Persons incorpo-
the Fall River Bank, are hereby authorized to in-
crease their present capital stock, by an addition
thereto of two hundred thousand dollars, in shares
of one hundred dollars each, which shall be paid in
such instalments as the president and directors of
said bank may direct and determine : provided, that
the whole amount shall be paid in on or before the
first Monday in October next.

Sec. 2. The additional stock aforesaid shall be
subject to the like tax, regulations, restrictions and
provisions to which the present capital stock of said
corporation is now subject.

Sec. 3. Before said corporation shall proceed to Certificate.
do business upon said additional capital, a certificate,
signed by the president and directors, and attested
by the cashier, that the same has been actually paid

752 MERCHANTS BANK. March 31, 1836.

into said bank, shall be returned into the office of
the secretary of the Commonwealth.

[Approved by the Governor, March 31, 1836.]

CHAP. XCII.

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

Be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. The president, directors and company of
the Merchants Bank, in Boston, are hereby author-
ized to increase their capital stock, by an addition of
seven hundred and fifty thousand dollars thereto, in
shares of one hundred dollars each, which shall be
paid in such instalments, and at such times, as the
president and directors of said bank may direct and

When to be paid determine. Provided, however, that three hundred
and seventy-five thousand dollars of said additional
capital, the full amount of three thousand seven
hundred and fifty shares, shall be paid in on or be-
fore the tenth day of April next, and the residue on
or before the tenth day of Octol)er next.

Sec. 2. The additional stock aforesaid shall be
subject to the like tax, regulations, restrictions and
provisions to which the present capital stock of said
corporation is now subject.

Sec. 3. Before the said corporation shall proceed

Certificate. to do busincss upon such additional capital, a certifi-

BANK OF BRIGHTON. March 31, 1836. 753

cate, signed by the president and 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 this Commonwealth.

[Approved by the Governor, March 31, 1836.]

CHAP. XCIH.

An Act to increase the Capital Stock of the Bank
of Brighton.

He it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows:

Sec. 1. The president, directors and company
of the Bank of Brighton are hereby authorized to
increase their capital stock by an addition of fifty
thousand dollars thereto, in shares of one hundred
dollars each, w^hich shall be paid in such instalments,
and at such times, as the president and directors of
said bank may direct and determine. PromV/et?, men to be paid
however, that the whole amount shall be paid in, on
or before the first day of October next.

Sec. 2. The additional stock aforesaid shall be
subject to the like tax, regulations, restrictions and
provisions, to which the present capital of said cor-
poration is now subject.

Sec. 3. Before said corporation shall proceed to certificate.
do business upon the said additional capital, a cer-
tificate, signed by the president and directors, and
attested by the cashier, that the same has been actu-

754 MANUFACTURERS' BANK. March 31, 1836.

ally paid into the bank, shall be returned into the
office of the secretary of the Commonwealth.

[Approved by the Governor, March 31, 1836.]

CHAP. XCIV

An Act to increase the Capital Stock of the Hamp-
shire Manufacturers' Bank.

JdE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. The president, directors and company
of the Hampshire Manufacturers' Bank, are hereby
authorized to increase their capital stock by an addi-
tion of fifty thousand dollars thereto, in shares of
one hundred dollars each, which shall be paid in such
instalments, and at such time, as the president and
directors of said bank may direct and determine.

When to be paid Pvovlded, howevcr, that the whole amount shall be
paid in on or before the first day of October next.

Sec. 2. The additional stock aforesaid, shall be
subject to the like tax, regulations, restrictions and
provisions to which the present capital of said corpo-
ration is now subject.

Certificate. Sec. 3. Before said corporation shall proceed to

do business upon the said additional capital, a certifi-
cate, signed by the president and directors, and at-
tested by the cashier, that the same has been actually
paid into the bank, shall be returned into the office
of the secretary of the Commonwealth.

[Approved by the Governor, March 31, 1836.]

RAIL ROAD BANK. March SI, 1SS6. 755

CHAP. XCV.

An Act to increase the Capital Stock of the Rail
Road Bank.

jt>E it enacted by the Senate and House of Rep-
resentatives in General Court assembled, and by
the authority of the same, as follows :

Sec. 1. The president, directors and company of
the Rail Road Bank are hereby authorized to increase
their present capital stock by an addition thereto, of
three hundred thousand dollars, in shares of one hun-
dred dollars each, which shall be paid in such instal-
ments as the president and directors of said bank may
direct and determine. Provided, that the whole when to be paid
amount shall be paid in on or before the first Mon- '"•
day in October next.

Sec. 2. The additional stock aforesaid shall be
subject to the like tax, regulations, restrictions and
provisions to which the present capital stock of said
corporation is now subject.

Sec. '3. Before said corporation shall proceed to certificate.
do business upon said additional capital, a certificate,
signed by the president and directors, and attested
by the cashier, that the same has been actually paid
into said bank, shall be returned into the office of
the secretary of the Commonwealth.

[Approved by the Governor, March 31, 1836.]

756 HINGHAM BANK. March 31, 1836.

CHAP. XCVI

An Act to increase the Capital Stock of the Hing-
ham Bank.

J3E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. The president, directors and company
of the Hingham Bank are hereby authorized 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 instal-
ments, and at such time, as the president and direct-
when to be paid ors 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. The additional stock aforesaid shall be
subject to the like tax, regulations, restrictions and
provisions to which the present capital of said cor-
poration is now subject.
Certificate. Sec. 3. Before said corporation shall proceed to

do business upon the said additional capital, a cer-
tificate, signed by the president and directors, and
attested by the cashier, that the same has been actu-
ally paid into the bank, shall be returned into the
office of the secretary of this Commonwealth.

[Approved by the Governor, March 31, 1836.]

ANDOVER BANK. March 31, 1836. 757

CHAP. XCVII.

An Act to increase the Capital Stock of the Andover

Bank.

jlJE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. The president, directors, and company
of the Andover Bank, are hereby authorized to in-
crease their present capital stock, by an addition of
one hundred thousand dollars, in shares of one hun-
dred dollars each, which shall be paid in such instal-
ments as the president and directors of said bank
may direct and determine : provided, that the whole Avhentobe paid
amount shall be paid on or before the first day of '""
October next.

Sec. 2. The additional stock aforesaid, shall be
subject to the like tax, regulations, restrictions and
provisions, to which the present capital of said cor-
poration is now subject.

Sec. 3. Before the said corporation shall proceed certificate.
to do business upon said additional capital, a certifi-
cate, signed by the president and directors, and
attested by the cashier, that the same has been
actually paid into said bank, shall be returned into
the office of the secretary of the Commonwealth.

[Approved by the Governor, March 31, 1836.]

758 LYNN MECHANICS' BANK. March 31, 1836.

CHAP. XCVIII.

An Act to increase the Capital Stock of the Lynn
Mechanics' Bank.

J3E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. The president, directors, and company
of the Lynn Mechanics' Bank, are hereby authoriz-
ed to increase their present capital stock, by an
addition thereto of one hundred thousand dollars, in
shares of one hundred dollars each, which shall be
paid in such instalments as the president and direc-
wiientobe paid tors of Said bank may direct and determine: provided,

in. , .

that the whole amount shall be paid in on or before
the first Monday in October next.

Sec. 2. The additional stock aforesaid shall be
subject to the like tax, regulations, restrictions, and
provisions to which the present capital stock of said
corporation is now subject.
Certificate. Sec. 3. Before said corporation shall proceed to

do business upon said additional capital, a certificate,
signed by the president and directors, and attested
by the cashier, that the same has been actually paid
into said bank, shall be returned into the office of the
secretary of the Commonwealth.

[Approved by the Governor, March 31, 1836.]

WESTFIELD PAPER MILLS. March 31, 1836. 759

CHAP. XCIX.

An Act to incorporate the Westfield Paper Mills.

JjE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. A. B. Whitman, Matthew Ives, Jr. and Persons incorpo-

. rated.

Hiram Harrison, their associates and successors, are
hereby made a manufacturing corporation, for the
purpose of manufacturing paper, in the town of West-
field, within the county of Hampden, and for this
purpose shall have all the powers and privileges, and
be subject to all the duties, restrictions and liabilities
set forth in the thirty-eighth and forty-fourth chapters
of the Revised Statutes, passed on the fourth day of
November, in the year one thousand eight hundred
and thirty-five.

Sec. 2. The said company may hold, for the pur- Estate.
poses aforesaid, real estate to the amount of ten
thousand dollars, and the whole capital stock of said
company shall not exceed twenty thousand dollars.

[Approved by the Governor, March 31, 1836.]

760 AMER. STATIONERS CO. March 3\, 1836.

CHAP. C.

An Act to incorporate the American Stationers Com-
pany.

JjE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by
the authority of the same, as follows :

Sed "' '"""''°' Sec. 1. Edwin Shepard, Lemuel Shattuck, and
James Ballard, their associates and successors, are
hereby made a manufacturing corporation, by the
name of the " American Stationers Company," for
the purpose of manufacturing type, stereotype plates,
and books, and carrying on the business thereof, in
the county of Suffolk, and for this purpose, shall
have all the powers and privileges, and be subject
to all the duties, restrictions and liabilities set forth
in the thirty-eighth and forty-fourth chapters of the
Revised Statutes, passed on the fourth day of No-
vember, in the year one thousand eight hundred and
thirty-five.

Estate. Sec. 2. The said corporation may hold, for the

purposes aforesaid, real estate to the amount of
seventy-five thousand dollars, and the whole capital
stock of said corporation shall not exceed the amount
of two hundred thousand dollars.

[Approved by the Governor, March 31, 1836.]

BANK OF GEN. INTEREST. MarchSl,US6. 761

CHAP. CI.

An Act to increase the Capital Stock of the Bank
of General Interest in Salem.

x3E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. ]. The president, directors and company of
the Bank of General Interest in Salem, are hereby
authorized and empowered to increase their capital
stock, by an addition of two hundred thousand 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 : pwvided, that the whole When to be paid
shall be paid in on or before the tenth day of Octo-
ber next.

Sec. 2. The additional stock aforesaid shall be
subject to the like tax, regulations, restrictions and
provisions, to which the present capital stock of said
corporation is now subject.

Sec. 3. Before the said corporation shall proceed certificate.
to do business upon such additional capital, a certifi-
cate, signed by the president and directors, and
attested by the cashier, that the same has been ac-
tually paid into said bank, shall be returned into the
office of the secretary of this Commonwealth.

[Approved by the Governor, March 81, 1836.]

762 NASH. RIV. M. F. INS. CO. March 31, IB36.

CHAP. CH.

An Act to incorporate the Nashua River Mutual
Fire Insurance Company.

JdE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :
faler' ''"'"''°" David Child, Thomas A. Staples, and Oliver She-
pie, their associates and successors, are hereby made a
corporation, by the name of Nashua River Mutual
Fire Insurance Company, in the town of Groton,in the
county of Middlesex, with all the powers and privi-
leges, and subject to all the duties, restrictions and
liabilities set forth in the thirty-seventh and forty-
fourth chapters of the Revised Statutes, passed on
the fourth day of November, in the year one thou-
sand eight hundred and thirty-five, for the term of
twenty-eight years.

[Approved by the Governor, March 31, 1836.]

F. PAR. IN WATERTOWN. MarcA 31, 1836. 763

CHAP. cm.

An Act to authorize the First Parish in Watertown
to tax the Pews in their Meeting-house.

13 E it enacted hy the Senate and House of Rep-
resentatives, in General Court assembled, and hy the
authority of the same, as follows :

The First Parish or Congregational Society in
Watertown is hereby authorized to assess upon the
pews in any meeting-house, which said parish may
hereafter build, or which may be hereafter conveyed
to said parish, for the purposes of public worship,
according to a valuation of said pews, which shall
first be agreed upon by said parish, and recorded,
any sum or sums of money which shall hereafter be
voted to be raised by said parish, for the support of
public worship, and other parochial charges, and for
the repairs of such meeting-house, and all such assess-
ments may be collected in the manner provided by
the thirty-second, thirty-third, and thirty-fourth
sections of the twentieth chapter of the Revised Stat-
utes, passed the fourth day of November, in the
year one thousand eight hundred and thirty-five.

[Approved by the Governor, March 31, 1836.]

764 MECHANICS' WHARF CO. March 31, 1836.

CHAP. CIV.

An Act authorizing the Mechanics' Wharf Company,
in New-Bedford, to build a bridge or bridges.

jyE it enacted by the Senate and House of
Representatives, in Getieral Court assembled, and by
the authority of the same, asfoUoivs :

The Mechanics' Wharf Company, in the town
of New-Bedford, are hereby authorized to locate
and construct a bridge, or bridges across the wa-
ter which separates the property of said company
from the land on the south thereof; said bridge, or

Location. bridges, to be located at the foot of a lane leading to

the channel of the Acushnet river : provided, the
said company shall first obtain the consent of the
proprietors of the land : and provided, further, that
said company shall make, and keep in repair, in said

Draws. bridge or bridges, good and sufficient draws, of the

necessary width to accommodate all vessels which
may have occasion to pass the same, and shall at all
times raise said draws, and afford all proper facilities
to vessels passing the same.

[Approved by the Governor, March 31, 1836.]

CONCORD RIVER CO. March SI, ISS6. 765

CHAP. CV.

An Act to incorporate the Concord River Company.

JlJE it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows :

Sec. 1. Horatio W. Hastings, Joel Stone, jr. Persons incorpo-
John Whitney, and their associates and successors,
are hereby made a manufacturing corporation, by the
name of the " Concord River Company," for the
purpose of manufacturing cotton and woollen goods,
in the town of Lowell, within the county of Middle-
sex ; and for this purpose, shall have all the powers
and privileges, and be subject to all the duties, re-
strictions, and liabilities set forth in the thirty-eighth
and forty-fourth chapters of the Revised Statutes,
passed on the fourth day of November, in the year
one thousand eight hundred and thirty-five.

Sec. 2. The said corporation may hold, for the Estate.
purposes aforesaid, real estate, to the amount of
fifty thousand dollars, and the whole capital stock of
said corporation shall not exceed the amount of one
hundred thousand dollars.

[Approved by the Governor, March 31, 1836.]

766 TOWN OF DOVER. March 31, 1836.

CHAP. CVI.

An Act to incorporate the town of Dover.

Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows :

Name. Sec. 1. Tlic territory now known as the Dis-

trict of Dover in the county of Norfolk, is hereby
made a town by the name of Dover, and as such,
shall have all the powers and ])rivileges, and be sub-
ject to all the duties and liabilities of similar corpo-
rations, as set forth in the Revised Statutes, passed
on the fourth day of November, in the year one
thousand eight hundred and thirty-five.

Sec. 2. The present officers of the district of
Dover shall perform all the duties, and be subject to
all the liabilities of town officers, in their several offi-
ces, until, at a legal meeting of the inhabitants of said
town, called for that purpose, a new election shall be
had.

Sec. 3. All the property, of every description,
now belonging to the district of Dover, shall hereaf-
ter, to all intents and purposes, be the property of
said town, and all the debtS; liabilities and obliga-
tions now existing against or upon said district, shall
continue in force against, and be binding npon said
town of Dover.

Act to be accept- Sec. 4. This act shall be wholly void, and of no

ed within ninety _-. , i-ii' r • -it- • r t\

days, or else ciiect, uulcss the mhabitauts 01 said district ot Dover,
at a legal meeting called for that purpose, within

PHOENIX BANK. Marc^ 31, 1836. 767

ninety days from the passage of this act, shall accept
the same.

[Approved by the Governor, March 31, 1836.]

CHAP. CVII.

An Act to increase the Capital Stock of the Phoenix

Bank.

13 E it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows :

Sec. 1. The president, directors and company of
the Phoenix Bank, are authorized to increase their
present capital stock by an addition of one hundred
and fifty thousand dollars thereto, in shares of one
hundred dollars each ; which shall be paid in such
instalments as the president and directors of said
bank may direct and determine; provided, that the when to be paid
whole amount shall be paid in, on or before the tenth
day of October next.

Sec. 2. The additional stock aforesaid shall be
subject to the like tax, regulations, restrictions and
provisions to which the present capital stock of said
bank is now subject.

[Approved by the Governor, March 31, 1836.]

768 ATLANTIC SILK CO. March 31, 1836.

CHAP. CVIII.

An Act to incorporate the Atlantic Silk Company.

Be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, asfolloivs :
Persons incorpo- S£c. 1. William H. Gardner, Samuel B. Tuck,

rated. , . .

and William Coffin, their associates and successors,
are hereby made a manufacturing corporation, by the
name of the Atlantic Silk Company, for the produc-
tion and manufacturing of silk, in the county of Nan-
tucket, and for these purposes, shall have all the
powers and privileges, and be subject to all the du-
ties, restrictions and liabilities set forth in the thirty-
eighth and forty-fourth chapters of the Revised Stat-
utes, passed on the fourth day of November, in the
year one thousand eight hundred and thirty-five.
Estate. Sec. 2. The said corporation may hold, for the

purposes aforesaid, real estate to the amount of sixty
thousand dollars, and the whole capital stock of said
corporation shall not exceed the amount of one hun-
dred thousand dollars.

[Approved by the Governor, March 31, 1836.]

NEPONSET BANK. March 31, 1836. 769

CHAP. CIX.

An Act to establish the Neponset Bank.

UE it enacted by the Senate and House of Rep-
resentatives in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. Adam Kinsley, Frederick W. Lincoln, Persons incorpo-

. . TMcd.

James Dunbar, their associates and successors, are
hereby created a corporation, I)} the name of the
President, Directors and Company of the Neponset
Bank, to be established in the South Village in Can-
ton, and shall so continue until the first day of Oc-
tober, in the year one thousand eight hundred and
fifty-oncj and shall be entitled to all the powers and
privileges, and subject to all the duties, liabilities
and requirements, contained in the thirty-sixth chap-
ter of the Revised Statutes, passed on the fourth day
of November, in the year one thousand eight hun-
dred and thirty-five.

Sec. 2. The stock in said bank shall be trans-
ferable only at its banking house and in its books.

Sec. 3. The capital stock of said corporation
shall consist of one hundred thousand dollars, to be
divided into shares of one hundred dollars each, to
be paid in such instalments, and at such times, as
the stockholders may direct: provided, the whole be when to be paid
paid in on or before the first day of January next.

[Approved by the Governor, March 31, 1836]

770 COHANNET BANK. March 3\, 1836.

CHAP. ex.

An Act to increase the Capital Stock of the Cohan-
net Bank.

JqE it enacted hy the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows :

Sec. 1. The president, directors and company of
the Cohannet Bank, are hereby authorized to in-
crease their present capital stock, by an addition
thereto of one hundred thousand dollars, in shares
of one hundred dollars each, which shall be paid in
such instalments as the president and directors of

When to be paid said bank may direct and determine : provided, that
the whole amount shall be paid in on or before the
first Monday in October next.

Sec. 2. The additional stock aforesaid shall be
subject to the like tax, regulations, restrictions and
provisions to which the present capital stock of said
corporation is now subject.

Certificate. Sec. 3. Bcforc Said corporatiou shall proceed to

[Approved by the Governor, March 31, 1836.]

VILLAGE BANK. March 31, 1836. 771

CHAP. CXI.

An Act to establish the Village Bank.

He it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows:

Sec. 1. John Page, Moses Black, and Elias Put- Persons incorpo-
nam, their associates and successors, are hereby cre-
ated a corporation, bj the name of the President,
Directors and Company, of the Village Bank, to be
established at Porter's Plain, so called, in Danvers,
and shall so continue until the first day of October,
in the year one thousand eight hundred and fifty
one, and shall be entitled to all the powers and priv-
ileges, and subject to all the duties, liabilities and
requirements, contained in the thirty-sixth chapter of
the Revised Statutes, passed the fourth day of No-
vember, in the year one thousand eight hundred and
thirty-five.

Sec. 2. The stock in said bank shall be trans-
ferable only at its banking house, and in its books.

Sec. 3. The capital stock of said corporation Amount of stock.
shall consist of one hundred and twenty thousand
dollars, 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 : provided, the when to be paia
whole be paid in on or before the first day of Janua-
ry next.

[Approved by the Governor, March 31, 1836.]

772 QUINCY STONE BANK. March 31, 1836.

CHAP. CXII.

An Act to establish the Quincj Stone Bank.

Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows :
Persons incorpo- Sec. 1. Harvej Field, Thomas Tajlor, aud Ed-
ward Glover, their associates and successors, are
hereby created a corporation, by the name of the
President, Directors and Company of the Quincy
Stone Bank, to be established in the town of Quin-
cy, and shall so continue until the first day of Octo-
ber, in the year one thousand eight hundred and
fifty-one, and shall be entitled to all the powers and
privileges, and subject to all the duties, liabilities
and requirements, contained in the thirty-sixth chap-
ter of the Revised Statutes, passed on the fourth day
of November, in the year one thousand eight hun-
dred and thirty-five.

Sec. 2. The stock in said bank shall be transfer-
able only at its banking house and in its books.

Amount of stock. Sec. 3. The Capital stock of said corporation
shall consist of one hundred thousand dollars, to be
divided into shares of one hundred dollars each, to be
paid in such instalments, and at such times, as the

When to be paid Stockholders may direct : provided, the whole be paid
in on or before the first day of January next.

[Approved by the Governor, March 31, 1836.]

NORTH AMERICAN BANK. March 31, 1836. 773

CHAP. CXHL

An Act to establish the North American Bank.

JdE it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows :

Sec. 1. Michael Shepard, Caleb Smith, and P'""^?"^ '"«=°'p<'-

^ ' ' rated.

John Winn, their associates and successors, are here-
by created a corporation, by the name of the Presi-
dent, Directors and Company of the North American
Bank, to be established in Salem, and shall so con-
tinue until the first day of October, in the year one
thousand eight hundred and fifty-one, and shall be
entitled to all the powers and privileges, and subject
to all the duties, liabilities and requirements, con-
tained in the thirty-sixth chapter of the Revised
Statutes, passed the fourth day of November, in the
year one thousand eight hundred and thirty-five.

Sec. 2. The stock of said company shall be
transferable only at its banking house, and in its
books.

Sec. 3. The capital stock of said corporation Amount of stock.
shall consist of three hundred thousand dollars, to be
divided into shares of one hundred dollars each, to
be paid in such instalments, and at such times, as the
stockholders may direct : provided, the whole be >^Tien to be paid
paid on or before the first day of January next.

[Approved by the Governor, March 31, 1836.]

774 MECHANICS' BANK. March 3\, 1836.

CHAP. CXIV.

An Act to establish the Mechanics' Bank at South
Boston.

13 E it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows :
Persons incorpo- §£€. 1. Noah Brooks, Solon Jcnkins, and Arte-

rated. ' '

mas Simonds, their associates and successors, are
hereby made a corporation, by the name of the
President, Directors and Company of the Mechan-
ics' Bank, to be located in that part of the city of
Boston, called South Boston, and shall so continue
until the first day of October, in the year one thou-
sand eight hundred and fifty-one, and shall be enti-
tled to all the powers and privileges, and subject to
all the duties, liabilities and requirements, contained
in the thirty-sixth chapter of the Revised Statutes,
passed on the fourth day of November, in the year
one thousand eight hundred and thirty-five.

Sec. 2. The stock of said bank shall be trans-
ferable only at its banking house and in its books.

Amount of stock. Sec. 3. The Capital stock of said corporation
shall consist of the sum of one hundred and fifty
thousand dollars, to be divided into shares of one
hundred dollars each, to be paid in such instalments,
and at such times, as the stockholders may direct ;

When to be paid provided, the whole be paid in on or before the first
day of January next.

[Approved by the Governor, March 31, 1836.]

ADAMS BANK. March 3], 1836. 776

CHAP. CXV.

An Act to increase the Capital Stock of the Adams

Bank.

13 E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. The president, directors and company
of the Adams Bank, are hereby authorized to in-
crease their present capital stock, by an addition
thereto of one hundred thousand dollars, in shares of
one hundred dollars each, which shall be paid in
such instalments as the president and directors of
said bank may direct and determine : provided j that men to be paid:
the whole amount shall be paid in on or before the
first Monday in October next.

Sec. 2. The additional stock aforesaid shall be
subject to the like tax, regulations, restrictions and
provisions, to which the present capital stock of said
corporation is now subject.

[Approved by the Governor, March 31, 1836.]

776 CITY BANK IN LOWELL. March 3\, 1^36,

CHAP. CXVL

An Act to establish the City Bank in Lowell.

13 E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Persons incorpo- Sec. 1. Joscph Locke, Jonathan Tjlcr, and John
Nesmith, their associates and successors, are hereby
created a corporation, by the name of the President,
Directors and Company of the City Bank in Low-
ell, to be established in Lowell, and shall so contin-
ue until the first day of October, in the year one
thousand eight hundred and fifty-one, and shall be
entitled to all the powers and privileges, and subject
to all the duties, liabilities and requirements, con-
tained in the thirty-sixth chapter of the Revised
Statutes, passed the fourth day of November, in
the year one thousand eight hundred and thirty-five.
Sec. 2. The stock in said bank shall be trans-
ferable only at its banking house and in its books.

Amount of Slock. g^c. 3. The Capital stock of said corporation
shall consist of one hundred and fifty thousand dol-
lars, to be divided into shares of one hundred dollars
each, to be paid in such instalments, and at such

When to be paid tiuics, as the Stockholders may direct: provided, the
whole of said capital stock be paid in on or before
the first day of January, one thousand eight hun-
dred and thirty-seven.

[Approved by the Governor, March 31, 1836.]

BRISTOL COUNTY BANK. Ma.chSl, 1836. 777

CHAP. CXVII.

An Act to increase the Capital Stock of the Bristol
County Bank.

JlJE it enacted by the Seriate and House of Rep-
resentatives, in Geiieral Court assembled, and by the
authority of the same, as follows :

Sec. 1. The presid(3nt, directors and company
of the Bristol County Bank, are hereby authorized
to increase their present capital stock, by an addi-
tion thereto of one hundred thousand dollars, in
shares of one hundred dolhus each, which shall be
paid in such instalments as the president and direc-
tors of said bank may direct and determine : provid- wheutobcpaid
ed, that the whole amount shall be paid in on or
before the first Monday in October next.

Sec. 2. The additional stock aforesaid shall be
subject to the like tax, regulations, restrictions and
provisions to which the present capital stock of said
corporation is now subject.

[Approved by the Governor, March 3i, 1836.]
98

778 SOUTHBRIDGE BANK. March 31, 1836.

CHAP. CXVIII.

An Act to establish the Southbridge Bank.

13 E it enacted by the Senate and House of Rep-
resentatives^ in General Court assembled, and by the
authority of the same, as follows :

Persons incorpo- g^,^ j " jy^^^^g Piimptoii, Ebciiezer D. Animi-
down, Holmes Ammidown, their associates and suc-
cessors, are hereby created a corporation, by the
name of the President, Directors and Company of
the Southbridge Bank, to be established in South-
bridge, and shall so continue, until the first day of
October, in the year one thousand eight hundred and
lifty-one, and shall be entitled to all the powers and
privileges, and subject to all the duties, liabilities
and requirements, contained in the thirty-sixth chap-
ter of the Revised Statutes, passed the fourth day of
November, in the year one thousand eight hundred
and thirty-five.

Sec. 2. The stock in said bank shall be tranfer-
able only at its banking house and in its books.

Amount of stock. Sec 3. The Capital stock of said corporation
shall consist of one hundred thousand dollars, to be
divided into shares of one hundred dollars each, to
be paid in such instalments, and at such times, as the

When to be paid stockhoIdcrs may direct : provided, the whole be paid
in on or before the first day of January next.

[Approved by the Governor, March 31, 1836.]

CHARLESTOWN WHF. CO. March 31, 1836. 779

CHAP. CXIX.

An Act to incorporate the Charlestown Wharf Com-
pany in Charlestown.

Be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. John Skinner, David Devens, William Persons incorpo.
Wyman, their associates and successors, are hereby
made a corporation, by the name of the " Charles-
town Wharf Company" for the period of ten years,
and may have and hold, in fee simple or otherwise,
all or any part of the real estate situate in said
Charlestown, and bounded as follows, viz : north- Boundaries.
westerly, by the land of said Commonwealth, on
part of which is the State Prison, and by the flats
thereto belonging ; northerly, northeasterly and east-
erly by Washington street. Bow street, part of Main
street, and by Water street ; easterly, by the United
States Navy Yard, and the flats thereto belonging ;
and southerly, southwesterly and westerly by the
channel of Charles River ; and all flats, rights, ease-
ments, privileges and appurtenances thereto belong-
ing. And the said company may, within the limits Docks, &c.
aforesaid, construct docks and wharves, lay vessels
at the ends and sides thereof, and receive dockage
and wharfage therefor, and may erect buildings, lay
out streets and passage-ways, and improve and
manage said property as to them shall seem expedi-
ent : provided, that nothing herein contained shall
be construed to authorize the said comn^nv to oh-

780 CHARLESTOWN WHF. CO. March 3\ , \S36.

struct the free navigation of said channel, bj vessels
or otherwise, nor to lessen or injure the rights or
property of the owner or owners of any wharf or
wharves, adjoining those of said company.

Estate. Sec. 2. The said company may hold such real

and personal property, and estate not exceeding the
value of four hundred thousand dollars, as may be
necessary and convenient to carry into effect the ob-
jects of this act.

Sec. 3. The said Charlesiown Wharf Compay, at
any legal meeting, may agree upon the number of
shares, not exceeding four thousand, into which their
corporate property and estate shall be divided, and
determine on the form of certificates to be given to

Shares to be per- the proprietors; which shares shall be deemed and

sona property. (.Q,jsidered as personal estate, and shall be transfer-
able by assignment on the back of the certificate,
recorded by the clerk, in a book to be kejjt for that
purpose ; and may assess on the stockholders such
sums of money, from time to time, not exceeding in
the whole one hundred dollars on each share, as may
be necessary for the purchase, improvement and
management of their estate : provided always, that
no assessment shall be made at any meeting, unless
the same shall be agreed to by at least two thirds in
number of votes of those present or represented at

Public notice of ^aid meeting, nor unless public notice shall have
been given at least ten days previous to such meet-
ing, of the purpose thereof, by publication thereof
in one or more newspapers printed in said Charles-
town, or in the city of Boston.

Sec. 4. For the purposes aforesaid, the said
corporation shall have all the powers and privileges,
and be subject to all the duties, restrictions and lia-
bilities set forth in the forty-fourth chapter of the Re-

assessment.

RANDOLPH BANK. M«rc/t31, 1836. 781

vised Statutes, passed on the fourth day of Novem-
ber, in the year one thousand eight hundred and
thirty-five.

[Approved by the Governor, March 31, 1836.]

CHAP. CXX.

An Act to establish the " Randolph Bank.*'

JqE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. Seth Mann, Royal Turner, and Jonathan Persons incorpo
Wales, their associates and successors, are hereby
created a corporation, by the name of the President,
Directors and Company of the " Randolph Bank,"
to be established in Randolph, and shall so continue
until the first day of October, in the year one thou-
sand eight hundred and fifty- one, and shall be enti-
tled to all the privileges and powers, and subject to
all the duties, liabilities and requirements, contained
in the thirty-sixth chapter of the Revised Statutes,
passed the fourth day of November, in the year one
thousand eight hundred and thirty-five.

Sec. 2. The stock in said bank shall be trans-
ferable only at its banking house and in its books.

Sec. 3. The capital stock of said corporation Amount of stock.
shall consist of one hundred and fifty thousand dol-
lars, 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 when to be paid

782 POWOW RIVER BANK. March 31, 1836.

whole be paid in on or before the first day of Janu-
uarj next.

[Approved by the Governor, March 31, 1836.]

CHAP. CXXI.

An Act to establish the Powow River Bank.

JlSE it enacted hy the Senate and House of Rep-
resentatives, in General Court assembled, and hy the
authority of the same, as follows :

Ser''"'*"^°" "^^<^- ^- Seth Clark, Robert Patten, and Jona-
than B. Webster, their associates and successors, are
hereby created a corporation, by the name of the
President, Directors and Company of the Powow
River Bank, to be established at the Mills Village
in Salisbury, and shall so continue until the first day
of October, in the year one thousand eight hundred
and fifty-one, and shall be entitled to all the powers
and privileges, and subject to all the duties, liabili-
ties and requirements, contained in the thirty-sixth
chapter of the Revised Statutes, passed on the
fourth day of November, in the year one thousand
eight hundred and thirty-five.

Sec. 2. The stock in said bank shall be trans-
ferable only at its banking house and in its books.

Amount of stock. Sec. 3. The Capital stock shall consist of one
hundred thousand dollars, to be divided into shares
of one hundred dollars each, to be paid in such in-
stalments, and at such times, as the stockholders may

BRIDGE WATER BANK. April 1, 1836. 783

direct : provided, that the whole be paid in on or be- when to be paid
fore the first day of January next.

[Approved by the Governor, March 31, 1836. J

CHAP. CXXII.

An Act to establish the East Bridgewater Bank.

jjE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows:

Sec. 1. Wallace Rust, Zenas Keith, Jr., John Persons incorpo-
A. Whitcomb, their associates and successors, are
hereby created a corporation, by the name of the
President, Directors and Company of the East
Bridgewater Bank, to be established in East Bridge-
water, and shall so continue until the first day of
October, in the year one thousand eight hundred and
fifty-one, and said corporation shall be entitled to all
the powers and privileges, and subject to all the du-
ties, liabilities and requirements, contained in the
thirty-sixth chapter of the Revised Statutes, passed
the fourth day of November, in the year one thou-
sand eight hundred and thirty-five.

Sec. 2. The stock in said bank shall be trans-
ferable only at its banking house and in its books.

Sec. 3. The capital stock of said corporation Amouut of stock.
shall consist of the sum of one hundred thousand
dollars, 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 : provided, the when to be paid

784 ESSEX BANK. April 1, 1836.

whole be paid in on or before the first day of Janua-
ry next.

[Approved by the Governor, April 1, 1836.]

CHAP. CXXIII.

An Act to establish the Essex Bank.

X>E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by
the authority of the same, as follows :

Persons incorpo- Sec. 1. Isaac Osgood, Gayton p. Osgood, Na-
thaniel Stevens, and Joseph Kittredge, their associates
and successors, are hereby created a corporation, by
the name of the President, Directors and Company
of the Essex Bank, to be established in Andover
North Parish, and shall so continue until the first
day of October, in the year one thousand eight hun-
dred and fifty-one, and shall be entitled to all the
powers and privileges, and subject to all the duties,
liabilities and requirements, contained in the thirty-
sixth chapter of the Revised Statutes, passed the
fourth day of November, in the year one thousand
eight hundred and thirty-five.

Sec. 2. The stock in said bank shall be trans-
ferable only at its banking house and in its books.

Amount of stock. Sec. 3. The Capital stock of said corporation
shall consist of one hundred thousand dollars, to be
divided into shares of one hundred dollars each, to
be paid in such instalments, and at such times, as

When to be paid the Stockholders may direct : provided, the whole
be paid in on or before the first day of January next.

[Approved by the Governor, April 1, 1836.]

FAR. & MECHANICS BANK. Jpril 1, 1836. 786

CHAP. CXXIV.

An Act to establish the Farmers and Mechanics

Bank.

UE it enacted by the Senate and House of Rep-
resentatives^ in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. Daniel Smith, Ira Richardson, and Rich- Persons bcorpo-

, -,-, , . . , rated.

mond Brown, then' associates and successors, are
hereby created a corporation, by the name of the
President, Directors and Company of the Farmers
and Mechanics Bank, to be established in Adams
South Village, and shall so continue until the first
day of October, in the year one thousand eight hun-
dred and fifty-one, and shall be entitled to all the
powers and privileges, and subject to all the duties,
liabilities and requirements, contained in the thirty-
sixth chapter of the Revised Statutes, passed on the
fourth day of November, in the year one thousand
eight hundred and thirty-five.

Sec. 2. The stock in said bank shall be trans-
ferable only at its banking house and in its books.

Sec. 3. The capital stock of said corporation Amount of stock.
shall consist of one hundred thousand dollars, to be
divided into shares of one hundred dollars each, to be
paid in such instalments, and at such times, as the
stockholders may direct: provided, the whole be '\y|,g,j to be paid
paid in within one year from the passing of this act. '"'

[Approved by the Governor, April 1, 1836.]
99

786 MANUFACTURERS BANK. April 1, 1836.

CHAP. CXXV.

An Act to establish the Manufacturers Bank at
Rowley.

Be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

P^l^sons incorpo- g^^. 1. John B. Savory, John A. Lovering,
and Robert Savory, their associates and successors,
are hereby created a corporation, by the name of the
President, Directors and Company of the Manufac-
turers Bank, to be established in the town of Row-
ley, and shall so continue until the first day of Octo-
ber, in the year one thousand eight hundred and fif-
ty-one, and shall be entitled to all the powers and
privileges, and subject to all the duties, liabilities
and requirements, contained in the thirty-sixth chap-
ter of the Revised Statutes, passed the fourth day of
November, in the year one thousand eight hundred
and thirty-five.

Sec. 2. The stock in said bank shall be transfer-
able only at its banking house and in its books.

Amount of stock. Sec. 3. The Capital stock of said corporation
shall consist of the sum of one hundred thousand
dollars, to be divided into shares of one hundred
dollars each, to be paid in such instalments, and at

When to be paid such timcs, as the stockholders may direct : provided,
the whole be paid in on or before the first day of
January next.

[Approved by the Governor, April 1, 1836.]

HAVERHILL BANK. April I, 1836. 787

CHAP. CXXVI.

An Act to establish the Haverhill Bank.

J>E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by
the authority of the same, as follows :

Sec. 1. Enoch Silsbee, James Noyes, and Hi- Persons incorpo-
ram rlummer, their associates and successors, are
hereby created a corporation, by the name of the
President, Directors and Company of the Haverhill
Bank, to be established in the town of Haverhill,
and shall so continue until the first day of October,
in the year one thousand eight hundred and fifty-
one, and shall be entitled to all the powers and priv-
ileges, and subject to all the duties, liabilities and
requirements, contained in the thirty-sixth chapter of
the Revised Statutes, passed the fourth day of No-
vember, in the year one thousand eight hundred and
thirty-five.

Sec. 2. The stock in said bank shall be trans-
ferable only at its banking house and in its books.

Sec. 3. The capital stock of said corporation Amount of stock.
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 : provid- when to be paid
ed, the whole be paid in on or before the first day
of January next.

[Approved by the Governor, April 1, 1836.]

788 ATTLEBOROUGH BANK. April 1, 1836.

CHAP. CXXVII.

An Act to establisli the Attleborough Bank.

J3E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Persons incorpo- Sec. 1. Jacob Bolkcom, Jonathan Bliss, and
Richard Robinson, their associates and successors,
are hereby created a corporation, by the name of the
President, Directors and Company of the Attlebo-
rough Bank, to be established in Attleborough, and
shall so continue, until the first day of October, in
the year one thousand eight hundred and fifty-one,
and shall be entitled to all the privileges and powers,
and subject to all the duties, liabilities and require-
ments, contained in the thirty-sixth chapter of the
Revised Statutes, passed the fourth day of Novem-
ber, in the year one thousand eight hundred and thir-
ty-five.

Sec. 2. The stock in said bank shall be trans-
ferable only at its banking house and in its books.

Amount of stock. Sec. 3. The Capital stock of said corporation,
shall consist of one hundred thousand dollars, to be
divided into shares of one hundred dollars each, to
be paid in such instalments, and at such times, as the

When to be paid stockholders may direct: provided, the whole be
paid in on or before the first day of January next.

[Approved by the Governor, April 1, 1836.]

CITY OF LOWELL. April 1, 1836. 789

CliAP. CXXVIIL

An Act to establish the City of Lowell.

jjE it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows:

Sec. 1. The inhabitants of the town of Lowell, Title, general

„ , . powers, and gov-

for all purposes for which towns are by law incorpo- emment.
rated, in this Commonwealth, shall continue to be
one body politic, under the style and denomination
of the City of Lowell, and as such shall have, ex-
ercise and enjoy all the rights, immunities, powers
and privileges, and shall be subject to all the duties
and obligations now incumbent upon, and appertain-
ing to said town — and the administration of all the
fiscal, prudential and municipal concerns of the city,
with the conduct and government thereof, shall be
vested in one principal officer, to be styled the
Mayor, one select council, consisting of six persons,
to be denominated the Board of Aldermen, and one
council, to consist of twenty-four persons, to be de-
nominated the Common Council, together with such
other boards of officers as are hereinafter specified.
The mayor, aldermen and common council, in their
joint capacity, shall be denominated the City Coun-
cil, and shall not, excepting the mayor, receive any
compensation for their services.

Sec. 2. The mayor, aldermen and common coun-
cil, chosen as is hereinafter provided, shall enter on f
the duties of their offices the first Monday of April
in each year, and shall hold their offices for the term

790 CITY OF LOWELL. April 1, 1836.

of one year from the time of their so entering on
Oath of office, the dutics thereof ; and before entering on said du-
ties, the mayor, aldermen and common council, shall
be sworn to the faithful discharge of the same ; and
such oath may be administered to the mayor elect
by any justice of the peace for the county of Mid-
dlesex ; and such oath shall be administered to the
aldermen, and common council, by the mayor, being
himself first sworn as aforesaid, and a certificate of
such oath having been taken, shall be entered in the
journal of the mayor and aldermen, and of the com-
mon council, by their respective clerks ; and when-
ever, on examination, by the mayor and aldermen
for the time being, of the returns of votes given for
mayor, at the meeting of the citizens, holden for the
purpose of electing that officer last preceding the
first Monday of April, in each year, no person shall
appear to have a majority of all the votes given for
mayor, the mayor and aldermen by whom such ex-
amination is made, shall make a record of that fact,
an attested copy of which the city clerk shall read,
on the first Monday of April, in each year, in the
presence of the persons returned to serve as alder-
men and common council ; and thereupon the oath
of office prescribed by law, may be administered by
any justice of the peace for the county of Middle-
sex ; and the board of aldermen shall then proceed
to elect a chairman, who shall perform the duties of
mayor until the mayor be duly chosen, and the com-
mon council a president, in their respective cham-
bers, and being respectively organized shall proceed
Proceedines in to busiucss. And in casc aiiy person elected mayor

case of failure to ^ . -, . i 1 1 r * • t rr i

elect a major. 01 said City, shall rciuse to accept said orace, the
same proceeding shall be had as hereinbefore direct-
ed, in respect to the organization of the board of al-

CITY OF LOWELL. April 1, 1836. 791

dermen and common council, in cases where there
has been no choice of mnjor ; and the board of al-
dermen so organized, shall forthwith issue their
warrant for a meeting of the citizens for the choice
of mayor, at such lime and phice as they shall judge
most convenient, and said meeting shall be organ-
ized, and the same proceedings had in all respects
in relation to the choice of mayor, as are hereinafter
directed in the twentieth section of this act. And
in case of the unavoidable absence, by sickness or
otherwise, of the mayor elect, on the first Monday
of April, in each year, the city government shall or-
ganize itself in the mode hereinbefore provided, and
may proceed to business in the same manner as if
the mayor were present.

Sec. 3. In case of the decease, inability, resig- Proceedings it
nation or absence of the mayor, and the same being scl^o^m^^oT,
declared, and a vote passed by the aldermen and
common council, respectively, declaring such cause,
and the expediency of electing a mayor for the time
being, to supply the vacancy thus occasioned, the
aldermen and common council may meet in conven-
tion, and elect a mayor to hold the office until such
occasion be removed, or until a new election. And
in case of the death or resignation of any member
of the board of aldermen, the citizens may fill such
vacancy, at any regular meeting that may thereafter
be convened for that purpose.

Sec. 4. The mayor and aldermen shall compose Mayor and aider-
one board, and shall sit and act together as one body, '"^"'
at all meetings of which the mayor, if present, shall
preside, but in his absence, the board may elect a
chairman, for the time being ; and the said board,
together with the common council in convention,
shall choose a clerk, to be denominated the city city clerk.

792 CITY OF LOWELL. April 1, 1836.

clerk, who shall hold his office for the term of one
year, and until another person be chosen and quali-
fied to succeed him, removable, however, at the
pleasure of the mayor and aldermen. Before en-
tering on the duties of his office, the clerk shall be
sworn to the faithful discharge of the same ; and
shall keep a journal of the acts and proceedings of
said board, sign all warrants issued by them, and
do such other acts in his capacity, as may lawfully
and reasonably be required of him ; and deliver over
all journals, books, papers and documents entrusted
to him, as such clerk, to his successor in office im-
mediately upon such successor being chosen and
qualified as aforesaid, or whenever he may be there-
to required by the mayor and aldermen. And the
city clerk, thus qualified, shall have all the powers,
and perform all the duties, now by law belonging to
the town clerk of the town of Lowell, as fully as if
the same were particularly enumerated, except in
cases where it is otherwise expressly provided.

Common council. Sec. 5. The pcrsous choscu and qualified as
members of the common council of the city, shall sit
and act together as a separate body, distinct from
that of the mayor and aldermen, except in those ca-
ses in which the two bodies are to meet in conven-
tion ; and the council may, from time to time, choose
one of their own members to preside over their de-
liberations, and preserve order therein, and also to
choose a clerk, who shall be under oath faithfully to
discharge the duties of his office, who shall hold said
office, during the pleasure of the council, and who
shall attend the council, when the same is in session,
keep a journal of its acts, votes, and jH'oceedings,
and perform such other services in said capacity as

Sittings to be the council may require. All sittings of the common

CITY OF LOWELL. April J, 1836. 793

council shall be public ; also all sittings of" the mayor
and aldermen, when they are not engaged in execu-
tive business. Four members of the board of alder-
men, and fifteen of the common council, shall con-
stitute a quorum for the transaction of business. And
each of the persons chosen as a member of the com- certificate of
mon council shall, within two days after his election, ^
be furnished with a certificate thereof, signed by a
majority of the officers presiding at such election,
which certificate shall be presumptive evidence of
the title of such person to a seat in the common
council ; but the council, however, shall have the
authority to decide ultimately upon all questions re-
lating to the qualifications, elections and returns of
its members.

Sec. 6. The mayor of the city, shall be the The mayor, his

J ' r . /./. /• • I • Till salary and du-

chiei executive orricer of said corporation ; and shall ties.
be compensated for his services by a salary, to be
fixed by the board of aldermen and common council,
in city council convened, payable at stated periods :
which salary shall not exceed the sum of fifteen
hundred dollars annually, and he shall receive no
other compensation or emolument whatever : and no
regulations enlarging or diminishing such compensa-
tion shall be made, to take effect until the expiration
of the year, for which the mayor, then in office, shall
have been elected. And the mayor shall be vigilant
and active at all times, in causing the laws for the
government of said city to be duly executed and put
in force ; shall inspect the conduct of all subordinate
officers in the government thereof, and, as far as in
his power, to cause all negligence, carelessness and
violation of duty, to be duly prosecuted and punish-
ed. Whenever in his judgment the good of the city
may require it, he shall summon meetings of the
100

794

CITY OF LOWELL.

April 1, 1836.

Licenses.

board of aldermen and conmion council, or either of
them, although the meeting of said hoards, or either
of them, may stand adjourned to a more distant day;
and perform such other duties as the citj council
may legally and reasonably require. And the mayor,
from time to time, shall communicate to both branch-
es of the city council, all such information, and re-
commend all such measures, as may tend to the im-
provement of the finances, police, health, security,
cleanliness, comfort and ornament of the city.
Police, &c. vest- Sec. 7. The administration of police, the execu-

ed in mavor and . r t ' • i 1 1 i i

aldermen.' tivc povvcrs ol the City, With all the powers hereto-

fore vested in the selectmen and overseers of the
poor, of the town of Lowell, are hereby vested in
the mayor and aldermen, as fully, as if the same
were herein enumerated, who shall be ex officio
members of the school committee. The mayor and
aldermen may also grant licenses to inn-holders,
common victuallers and retailers, within the city, in
all cases wherein the county commissioners for the
county of Middlesex, on the recommendation of the
selectmen of Lowell, have heretofore been authori-
zed to grant such licenses ; and may appoint annu-
ally such a number of persons as constables for the
city, and from lime to time such special constables
as the public service may require ; all of whom shall
be removable at the pleasure of the mayor and alder-
men ; and the constables so appointed shall have the
same powers as are by law vested in constables cho-
sen by the towns in this Commonwealth. And the
mayor and aldermen may cause the public streets of
the city to be lighted, and for that purpose may set
up and construct lamps, gas-pipes, or other appara-
tus, such as the public necessity or convenience may
require.

Constables.

Lamps, &c.

CITY OF LOWELL. April 1, 1836. 795

Sec. 8. All other powers now by law vested in
the town of Lowell, or in the inhabitants thereof, as a
municipal corporation, shall be, and hereby are, vest-
ed in the mayor, aldermen and common council of the
city, to be exercised by concurrent vote — each board
having a negative u})on the other ; especially they may
make all such needfid and salutary by-laws, as towns By-iaws.
by the laws of this Commonwealth have power to
make, and annex penalties, not exceeding twenty
dollars, for the breach thereof, which by-laws shall
take effect, and be in force, from and after the times
therein respectively limited, without the sanction or
confirmation of any court, or other authority what-
ever : providfid, that such by-laws shall not be re-
pugnant to the laws of this Commonwealth ; and
shall be liable to be annulled by the legislature
thereof. The city council, from time to time, may
lay and assess taxes for which towns are by law re- Taxes.
quired or authorized to assess or grant money, and
also, for all purposes necessary for carrying into ef-
fect the powers conferred by this act : provided,
however, that, in the assessment and apportionment
of such taxes, the same rules and regulations shall
be observed, as are now established by the laws of
this Commonwealth, or may hereafter be enacted,
relative to the assessment and apportionment of town
taxes. The city council may provide for the assess-
ment and collection of such taxes, make appropria-
tions of all public moneys, and provide for the dis-
bursement thereof, and take suitable measures to
ensure a just and prompt account thereof, and for
these purposes may either elect such assessors and Assessors.
assistant assessors as may be needful, or provide for
the appointment or election of the same, or any of
them, by the mayor and aldermen, or by the citizens,

796 CITY OF LOWELL. April 1, 1836.

as may be most conducive to the public good, and
shall also require of all persons entrusted with the
collection, custody or disbursement of public moneys,
such bonds, with such conditions, and such sureties as
the case may require.
City officers, Sec. 9. Thc city council may provide for the

how chosen. . i " • ■' 1 1 •,• /•

appointment or election ot all ollicers necessary lor
the good government of the city, not otherwise pro-
vided for ; prescribe their duties and fix their tom-

sirceis, &c. pensation ; cause any street or streets, public places
or squares in the city to be graded, paved, macad-
amized or repaired ; and cause permanent sidewalks
to be constructed on the same, in front of buildings,
at the expense of the owners thereof, and temporary
ones in front of vacant lands, at the expense of the
abuttors or of the city, which sidewalks, when ac-
cepted by said council, shall be afterwards maintained
at the expense of the city, whenever the conven-
ience of its inhabitants may require the same, and

Drains, &c. causc draius and common sewers to be laid down
through any streets or private lands, paying the
owners thereof such damage as they may sustain
thereby; and require all persons to pay a reasonable
sum for the privilege of opening any drain into said
public drain or common sewer ; and lay out, make
and continue, or discontinue all city and town ways
or streets within the limits of the city : and widen
or straighten county ways, within the city, in such
manner as the public convenience may require ; and
any party aggrieved by such building of sidewalks,
laying of drains or common sewers, and alterations
of ways, shall have the same remedies as are provid-
ed by law for the doings of county commissioners.
The city council may also make and establish ne-
cessary or fit rules and by-laws for the inspection.

CITY OF LOWELL. April 1, 1836. 797

survey, measurement and sale of timber, brick, inspection of
wood, coal, and bark for fuel, brought into the city "" ^^'
for sale, and for the regulation of carriages in the
streets of the city ; appoint certain suitable places
in the streets and squares of the city, as public
stands for Avagons, carts, sleds and carriages of every
description, and ordain fit penalties, not exceeding
twenty dollars, for the breach of any of the ordi- I'enahies for

•^ ' '' breacli of by-

nances, rules and regulations so made and establish- '^"'^•

ed, to be recovered upon complaint of any officer or

other inhabitant of the city, before the police court

therein, for the use of the city. The citv council Public buildings ,

•^ '' and property.

shall also have the care and superintendence of the
public buildings, and the care, custody and manage-
ment of all the property of the city, with power to
lease or sell the same, and to purchase property in
the name and for the use of the city, whenever its
interest or convenience may require. The city
council may, by a committee by them appointed, or
by instructions to any officer having charge of the
streets, appropriate, set-off and reserve, as sidewalks, sidewalks.
such parts of any streets of the city, as may be ne-
cessary for the safety, convenience and accommo-
dation of foot passengers, and permit or direct posts
of stone or wood, or trees, if necessary, to be
placed along the edge of said sidewalks, to protect
the same, or the passengers travelling thereon.

Sec. 10. All the powers and authority invested
in the boards of health of towns in this Common-
wealth, are hereby transferred to, and vested in the
city council, to be carried into execution by the ap-
pointment of health commissioners, or in such other Health commis-
manner as the health and cleanliness of the city may "°"^'*'
require, subject to such alterations as the legislature
may, from time to time, adopt.

798

CITY OF LOWELL.

April 1, 1836.

Treasurer.

School commit-
tee.

Expenditures,
&c. to be pub-
lished annually.

Maj-or to nomi-
nate.

Number of rep-
resentatives.

Sec. H. The major, aldermen and common
council, shall, as soon as convenient, after their an-
nual organization, meet in convention, and elect a
treasurer of the city.

Sec. 12. The persons elected to constitute the
school committee, shall enter upon their duties on
the first Monday of April in each year, and shall hold
their offices for the term of one year from the time
of their so entering upon said duties ; and they shall
have the same powers, and perform the same duties
as are by law vested in, and required of the school
committees of towns and school districts in this
Commonwealth.

Sec. 13. All boards and officers, acting under
the authority of the city, and entrusted with the re-
ceipt and expenditure of public money, shall be ac-
countable therefor to the city council, in such man-
ner as they may direct. i\nd the city council shall
publish and distribute, annually, for the information
of the citizens, a particular statement of the receipts
and expenditures of all public moneys, and a particu-
lar statement of city property, five days at least, prior
to the first Monday in February.

Sec. 14. In all cases in which appointments to
office are directed to be made by the mayor and al-
dermen, the mayor shall have exclusive power of
nomination ; such nomination, however, being sub-
ject to be confirmed or rejected by the board of al-
dermen : Provided, however, that no person shall be
eligible to any office, the salary of which is payable
out of the city treasury, who at the time of his ap-
pointment, shall be a member of the city council.

Sec. 15. The two branches of the city council,
on the second Monday of October, in each year,
shall meet in convention, and determine the number

CITY OF LOWELL. April 1, 1886. 799

of representatives, which it maj be expedient for
the city to elect to the general court in such year,
and sliall publish such determination, which shall be
conclusive, and the number thus determined, shall
be specified in the warrant calling the meeting for
such election of representatives.

Sec. 16. The inhabitants of the city qualified as Wards.
aforesaid, may, at any meeting legally called for that
purpose, order a division of the town into six wards,
in such manner, as to include an equal number of in-
habitants in each ward, as nearly as conveniently
may be, consistently with well defined limits to each
ward, including in such computation of numbers of
inhabitants, persons of all descriptions, and taking
the last census made under the authority of the Uni-
ted States, this Commonwealth, or of the city, as a
basis of computation : Provided, however, that not
more than two meetings for that purpose shall be
holden in any one year. And after said division into
wards, the same shall not be altered excepting by
the city council once in five years, in such manner,
as to preserve as nearly as may be, an equal number
of inhabitants in each ward.

Sec. 17. Prior to every election of city officers, Lists of voters.
or of any officer or officers under the government
of the United States, or this Commonwealth, the
mayor and aldermen shall make out lists of all the
citizens of each ward, qualified to vote in such elec-
tion, in the manner in which selectmen and assess-
ors of towns are required to make out similar lists of
voters, and for that purpose they shall have free
access to the assessors' books and lists, and be enti-
tled to the aid and assistance of all assessors, assist-
ant assessors, and other officers of the city. And the
mayor and aldermen shall deliver such lists of voters

800

CITY OF LOWELL.

April 1, 1836.

First city meet-
ing.

Wardens and
clerks.

in each ward, to be used by the warden and inspect-
or thereof, ai such election ; and no person shall be
entitled to vote at such election, whose name is not
borne on the list ; and to prevent all frauds and mis-
takes in such elections, the officers presiding there-
at shall take care that no person shall vote at such
election, whose name is not borne on the list of vot-
ers, and shall cause a mark to be placed against the
name of each voter on such list, at the time of giv-
ing his vote.

Sec. 18. At the first meeting of the inhabitants
of the city, for election of officers, in their several
wards, the persons authorized to issue a warrant for
said meeting, may designate some suitable person to
preside at each ward meeting, until the clerk of the
ward shall be chosen and qualified ; and the person
so presiding shall receive, sort, count and declare the
votes given for such clerk, in open ward meeting,
and the person having a majority of all the votes
given, shall be declared elected, and such presiding
officer shall record the state of the votes in a book,
to be kept by the ward for that purpose.

Sec. 19. On the last Monday of February, in
each year, the citizens of the city, qualified to vote
in city affliirs, shall meet together, within their res-
pective wards, at such time and place as the mayor
and aldermen may in their warrant direct, and the
citizens shall then choose by ballot, one warden and
one clerk, who shall hold their offices for one year,
or until others shall be appointed in their stead.
And such wardens shall have the same powers as
moderators of town meetings. And such clerks
shall make a fair and true record, and keep an ex-
act journal of all the acts and votes of the citizens at
such vvard meetings ; and deliver over such records

CITY OF LOWELL. April 1, 1836. 801

and journals, together with all other documents and
papers held by him, in his said capacity, to his suc-
cessor in office. And if, at the opening of the annu-
al meeting, the warden of such ward shall not be pre-
sent, the clerk of such ward shall call the citizens to
order, and preside at such meeting until a warden
shall be chosen by ballot. And if, at any other
meeting, the warden shall be absent, the clerk in
such case shall so preside, until a moderator or war-
den pro tempore, shall be chosen ; which may be by
nomination and vote, if the clerk so direct.

At such meeting, also, three inspectors of elec- inspectors,
tions shall be chosen for such ward, being resident
therein, by ballot, to hold their offices for one year.
And the warden and inspectors, in each ward, shall
receive, sort, count and declare all votes at all elec-
tions within said ward. And the warden, clerk and
inspectors, so chosen, shall respectively be under
oath faithfully and impartially to discharge their
several duties relative to all elections ; which oath
may be administered by the clerk of such ward to
the warden, and by the latter to the clerk and in-
spectors, or by any justice of the peace of the coun-
ty of Middlesex. And certificates of such oaths
having been administered, shall be entered in the
record or journal, to be kept by the clerk of such
ward. And if, at any meeting, the clerk should be
absent, a clerk pro tempore shall be chosen by bal-
lot.

Sec. 20. The inhabitants of the city, qualified
to vote in city affairs, at their respective ward meet-
ings, to be held on the first Monday of March in Manner of eiect-

" "^ ing mayor, alder-

each year, shall be called upon to give in their votes men, council and

■J ^ 1 o school committee

for one person to be the mayor, six persons to con-
stitute the board of aldermen, and four persons being
101

802 CITY OF LOWELL. / Jpril 1, 1836.

inhabitants of said ward, to be members of the com-
mon council, and one person being also an inhabitant
of said ward, to be a member of the school commit-
tee, and all the votes so given in each ward, being
counted and declared by the warden and inspectors
of elections, shall le recorded at large by the clerk
in open ward meeting ; and in making such declara-
tion and record, the whole number of votes given in
shall be distinctly stated, together with the name of
every person voted for, and the number of votes giv-
en for each person, such numbers to be expressed ia
words at length, and a transcript of such record, cer-
tified and authenticated by the warden, clerk and a
majority of inspectors of elections for each ward,
shall be forthwith transmitted or delivered by such
ward clerk to the clerk of the city. And the city
clerk shall forthwith enter such returns, or a plain
and intelligible abstract of them, as they are succes-
sively received, upon the journal of the proceedings
of the mayor and aldermen, or some other book to
be kept for that purpose. And the mayor and al-
dermen shall meet together within two days after
such election, and examine and compare all the said
returns, and ascertain what persons shall have been
elected to the offices aforesaid, and give notice, in
writing, to all persons elected to the several offices
aforesaid, and also make the same known to the in-
habitants of the city. But, if, on such examination,
said elections shall not be complete, the mayor and
aldermen shall issue their warrants for meetings in
such wards as shall have failed to complete their
elections ; and the same proceedings shall be had in
all respects as are herein before directed, until such
persons shall be chosen by a majority of all the
voters voting in such elections. Provided, however,

CITY OF LOWELL. April 1, 1836. 803

that until the city be divided into wards, according
to the sixteenth section of this act, the inhabitants
of the city shall meet on the first Monday of March
annually, at such time and place as the mayor and
aldermen shall, by their warrant calling such meet-
ing, appoint, and the city clerk presiding, shall then
and there choose a moderator to preside over said
meeting, who shall have the power and authority
given to moderators of town meetings by the laws of
this Commonwealth, and shall then and there vote
by ballot for one person to be mayor, six persons to
be aldermen, twenty-four persons to be members of
the common council, and six persons to be members
of the school committee for the city. And the mod-
erator and aldermen, or a majority of them, shall
receive, sort, examine and count the votes at such
meeting, given in for said mayor, aldermen, common
council and school committee, and then the same
shall be declared by the moderator, and recorded by
the city clerk in open meeting, in the journal of the
proceedings of the mayor and aldermen, or some
other book kept for that purpose ; and in making
such declaration and record, the whole number of
votes shall be distinctly stated, together with the
name of each person voted for, and the number of
votes given for each person respectively. And in
case said elections shall not be completed at the
first balloting, said meeting shall adjourn for not less
than one day nor more than four days ; and at such
adjourned meeting, the balloting shall be renewed
for completing the same, and the same proceedings
thereupon had as herein before directed ; and such
adjournment and balloting shall be renewed, from
time to time, if necessary, until persons are elected
to fill all said offices, by a majority of the voters

804 CITY OF LOWELL. April 1, 1836.

voting at such election. And the major and alder-
men shall ascertain, by inspection of said record,
what persons are so elected, and give notice thereof
in writing to every person having such majority,
within two days after such election. Provided, fur-
ther, that if, after three ballotings, there be no
choice of mayor, then a mayor shall be chosen from
the two persons having the highest number of votes
for that office, by joint ballot of the board of alder-
men and common council, in city council assembled.
First organiza- Sec. 21. For the Durposc of Organizing the svs-

tion of the city ^ ^ , ° ° -^

government, tem of govcmmcnt, hereby established, and putting
the same into operation in the first instance, the se-
lectmen of the town of Lowell, for the time being,
shall seasonably, before the first Monday of May
next, issue their warrant for calling a meeting of
the inhabitants of said town, qualified to vote in
town affairs, at such time and place as they shall
think expedient, for the purpose of giving in their
votes for a mayor, six aldermen, twenty-four mem-
bers of the common council and six members of
the school committee. And the votes so given in,
shall be received, sorted, counted, examined and
declared by the selectmen, and recorded by the
town clerk. And in case said election shall not
be completed at the first balloting, the balloting may
be renewed, and the selectmen may adjourn the
meeting, from time to time, if necessary, for not
less than one day, nor more than four days, at any
one adjournment until said elections shall be com-
pleted. And the selectmen shall give notice, in
writing, within two days after such election, to the
persons elected by a majority of the voters voting at
such meeting. And the persons so elected, shall
organize themselves and enter upon the duties of

CITY OF LOWELL. Jpril 1, 1836. 805

their respective offices, on said first Monday of May
in the same manner as is provided iu the second
section of this act, and may continue in office until
the first Monday of April, in the year one thousand
eight hundred and thirty-seven.

Sec. 22. All elections for governor, lieutenant Election of gov-

ernor, &c.

governor, senators, county treasurer, representatives,
representatives to congress, and all other officers
who are to be chosen and voted for by the people,
shall be held at meetings of the citizens, qualified
to vote in such elections, in their respective wards,
at the time fixed by law for those elections respec-
tively. And at such meetings, all the votes given in,
being sorted, counted and declared by the warden
and inspectors of elections, shall be recorded at large
in open ward meeting, by the clerk, and in making
such declaration and record, the whole number of
votes given in shall be distinctly stated, together
with the name of every person voted for, and the
number of votes given for each person ; such num-
bers to be expressed in words at length. And a
transcript of such record, certified and authenticat- ,
ed by the warden, clerk and a majority of inspec-
tors of elections for each ward, shall forthwith be
transmitted or delivered by such ward clerk, to the
city clerk. And the city clerk shall enter such re-
turns, or a plain and intelligible abstract of them,
as they are successively received, upon the journal
of the proceedings of the mayor and aldermen, or
some other book to be kept for that purpose. And
the mayor and aldermen shall meet together, within
two days after every such election, and examine
and compare all such returns, and thereupon make
out a certificate of the result of such election, to be
signed by a majority of the board of aldermen, and

806 CITY OF LOWELL. April 1, 1836.

also by the city clerk, which shall be transmitted,
delivered, or returned, in the same manner as simi-
lar returns are by law required to be made by the
selectmen of towns ; and such certificates and re-
turns shall have the same force and effect in all re-
spects, as like returns of similar elections made by
the selectmen of towns. And in all elections for
representatives to the general court, in case the
whole number proposed to be elected shall not be
chosen by a majority of the votes legally returned,
the same proceedings shall be had as is required by
the laws of this Commonwealth in case of towns
failing to elect their representatives : Provided, how-
ever, that until such time as the city shall be di-
vided into wards, according to the 16th section of
this act, the inhabitants of said city, qualified as in
this section aforesaid, at all the elections in this sec-
tion above mentioned, shall meet on the days fixed
by law for those elections respectively, at such time
and i)lace as the mayor and aldermen, for the time
being, may, by their warrant calling such meeting,
appoint ; and the same proceedings, in all respects,
shall be had as are by law provided in the case of
town meetings for said elections. And the like pro-
ceedings, in all respects, shall be had in regard to
making out, authenticating, and returning a certifi-
cate of the result of each of such elections as are
above in this section provided.

Sec. 23. General meetings of the citizens quali-
Generai meetings fied to votc iu city affairs, may, from time to time,
be held to consult upon the public good, to give
instructions to their representatives, and to take all
lawful measures to obtain a redress of grievances
according to the rights secured to the people by the
constitution of this Commonwealth. And such

CITY OF LOWELL. April 1, 1836. 807

meetings shall be duly warned by the mayor and
aldermen, upon the requisition of fifty qualified vo-
ters of the city ; and in case the mayor and alder-
men refuse to call a meeting, any justice of the
peace of the county, upon the same requisition, is
authorized, if he shall think proper, to call such
meeting by a warrant under his hand, directed to
the constables of the city, if any there be, and, oth-
erwise, to any of the persons applying therefor, di-
recting them to summon the inhabitants qualified to
vote in city affairs, to assemble at the time and
place, and for the purpose expressed in said warrant.

Sec. 24. The annual election of officers of the
town of Lowell, in the months of March and April,
in the year eighteen hundred and thirty-six, shall be
suspended. And all officers, now in office, shall
hold their places until this act shall go into opera-
tion.

Se€. 25. All officers of the town of Lowell, hav-
ing the care and custody of any records, papers, or
property, shall deliver the same to the city clerk
within two days after his entering upon the duties
of his office.

Sec. 26. All acts and parts of acts, inconsistent
with, or repugnant to the provisions of this act, shall
be, and the same are hereby repealed ; but nothing
in this act shall be so construed, as to restrain or
prevent the legislature from amending or altering the
same whenever they shall deem it expedient.

Sec. 27. This act shall be void unless the inhab-
itants of the town of Lowell, at a legal town meet-
ing, called for that purpose, shall, by a majority of
the voters present, and voting thereon by a written

808 N. HAMPTON PAPER MILLS. April 4, 1 836.

vote, determine to adopt the same within fourteen
days after the passing of this act.

[Approved by the Governor, April 1, 1836.]

CHAP. CXXIX

An Act to incorporate the " Northampton Paper

Mills."

Jl>E it enacted by the Senate and House of
Rejjresentaiives, in General Court assembled^ and by
the authority of the same, as folloivs :
Persons incorpo- g^.^,^ ^ J pj^^j Butlcr, Charlcs E. Forbes,

Samuel F. Lyman, their associates and successors,
are hereby made a manufacturing corporation, by the
name of the "Northampton Paper Mills," for the
purpose of manufacturing paper, in the town of
Northampton, in the county of Hampshire ; and for
this purpose, shall have all the powers and privileges,
and be subject to all the duties, restrictions and lia-
bilities set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes, passed on the
fourth day of November, in the year one thousand
eight hundred and thirty-five.
Estate. Sec. 2. The said corporation may hold, for the

purposes aforesaid, real estate to the amount of
twenty-five thousand dollars, and the whole capital
stock of said corporation shall not exceed the amount
of seventy-five thousand dollars.

[Approved by the Governor, April 4, 1836.]

FISHERY IN PALMER'S RIV. Jpn74, 1836. 809

CHAP. CXXX.

An Act to regulate the Fishery in Pahner's River.

13 E it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows :

Sec. 1. From and after the passino; of this act, Privilege may be

. „ •11 sold at auction.

no person, except as is hereinafter provided, shall
take shad or alewives, with seines, or in nets, in Pal-
mer's River, in the town of Swansey, in the county
of Bristol, from the first day of April, to the twen-
tieth day of June, in each year : provided, that the
inhabitants of Swansey may, at a legal meeting, held
for that purpose, dispose of the privilege at public
auction, of taking shad and alewives, with seines
only, in said river, for the time aforesaid, to such
persons as may offer the highest price for the same,
and shall give sufficient security, for the payment of
the purchase money, at such time, and in such man-
ner as the town shall order.

Sec. 2. The town of Swansey may have two Times for taking
seines only, and each seine may have the privilege
of sweeping three days, in the day-time only, in
each week, beginning on Monday, at sunrise, and
ending at sunset on Wednesday, and may sweep in
any part of the river aforesaid, between Rhode Island
Line, and Rehoboth Line on said river.

Sec. 3. The town of Swansey, at their annual Fish wardens.
meeting in March or April, may choose one or more
suitable persons, to serve as fish-wardens, who, when

102

810 WESTERN RAIL R. CORP. 4?n7 4, 1836.

sworn, shall see this act enforced, and may prose-
cute for all violations thereof.
Penalty. Sec. 4. If any person shall sweep with any

seine or net, in any time, place or manner, other
than as before mentioned, or shall set any seine, net,
weare or other obstruction, in said river, or in any
part thereof, with the intent to take or destroy any
shad or alewives, he shall forfeit and pay fifty dol-
lars, for each offence, to be recovered to the use of
the county in which the offence was committed, or
by action of debt, one half to the use of the person
prosecuting for the same, and the other half to the
use of the town in which the offence shall be com-
mitted.

Sec. 5. All laws heretofore passed, relating to
the fishery in Palmer's River in Swansey, are here-
by repealed.

[Approved by the Governor, April 4, 1836.]

CHAP. CXXXI.

An Act in aid of the Western Rail Road Corpora-
tion.

Be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. The Western Rail Road Corporation,

may increase their capital stock, by the addition of

one million of dollars thereto.

Treasurer to sub. Sec. 2. The treasurer of the Commonwealth is

hereby directed to subscribe in the name," and in be-

WESTERN RAIL R. CORP. ApritA.,lSS6. HU

half of the Commonwealth, for ten thousand shares
in the capital stock of said corporation, and he shall
pay all assessments laid, or which may be hereafter
laid upon the said shares, according to the provisions
of their charter, and the governor is hereby authori-
zed to draw his warrant therefor : provided, that the Treasurer not to

pay until, &c.

said treasurer shall not pay any assessment on the
shares so taken, by the Commonwealth, in the capi-
tal stock of said corporation, until three fourths of
such assessment on the other two thirds of the shares,
held by individuals, in said capital stock shall have
been paid in, which payment shall be made to appear
by the certificate of the directors of said corporation,
filed in the office of the treasurer of the Common-
wealth: and provided further, that the said corpo-
ration in regard to the right of the Commonwealth,
to purchase the said rail-road, shall be subject to the
provisions of the eighty-fourth section of the thirty-
ninth chapter of the Revised Statutes, passed on the
fourth day of November, one thousand eight hundred
and thirty-five, any thing contained in the fourteenth
section of their act of incorporation, to the contrary
notwithstanding.

Sec. 3. The annual meeting of said corporation Number of direc-
shall, after the second Monday of June next, be
holden on the second Wednesday of February, and
the number of directors shall be nine, three of whom
shall be annually chosen by the legislature, by joint
ballot of the two houses, and the residue by the
stockholders, at their annual meeting, and the direc-
tors so chosen by the legislature at the present ses-
sion, shall be directors from and after the second
Monday of June next, and until others are chosen.

[Approved by the Governor, April 4, 1836.]

812 W. STOCK. R. ROAD COR. April 5, 1836.

CHAP. CXXXII.

An Act to incorporate the West Stockbridge Rail
Road Corporation.

J3E it enacted by the- Senate and House of
Representatives, in General Court assembled, and
by the authority of the same, as follows :

Persons incorpo- Sec. 1. Henrj P. Bojnton, Robbins Kellogs;,
and Erastus Crocker, their associates and success-
ors, are hereby made a corporation, hy the name of
the West Stockbridge Rail Road Corporation, with
all the powers and privileges, and subject to all the
duties, liabilities and requirements, contained in that
part of the thirty-ninth chapter of the Revised Stat-
utes, passed on the fourth day of November, in the
year one thousand eight hundred and thirty-five,
which relates to Rail Road Corporations, and in the
forty-fourth chapter of said Revised Statutes.

Route of the rail Sec. 2. The Said corporation may lay out and

^°^^- construct a rail road, commencing on the west line

of this state, in the town of West Stockbridge, near
the intersection of said line with the turnpike road
to Albany, and extending in as direct a line as is
convenient and practicable, to the county road near
Hinman's Bridge, thence to, or into the village of
West Stockbridge, or some convenient place for a de-
pot near the same.

Amount of stock. Sec. 3. The Capital stock of said corporation
shall not exceed seventy-five thousand dollars, and
shall be divided into shares of one hundred dollars
each : and they may invest and hold such part there-

W. STOCK. R. ROAD COR. Jpril 5, 1836. 813

of in real estate, as may be necessary and conve-
nient for the purposes of their incorporation.

Sec. 4. If the said corporation be not organiz- whentobecom-

. . pleted.

ed, and the location of their road filed according to
law, on or before the first day of December, in the
year one thousand eight hundred and thirty-seven,
or if said road be not completed on or before the first
day of December, in the year one thousand eight
hundred and thirty-nine, this act shall be void.

Sec. 5. The said corporation shall so construct other rail roads
then' road as to make it practicable ror any other certain condi-
rail roads leading from the state of New York, to
unite with the same, at the western line of this
state ; and they shall not grant or allow, to the pro-
prietors of any such rail road, any exclusive privi-
lege on the same, over the proprietors of any other rail
road from the same state. And the said West Stock-
bridge Rail Road Corporation shall permit the West-
ern Rail Road Corporation to unite their road or
any branch thereof with, and to enter upon the same
in any part thereof, and to use the same, paying
such a sum therefor as the legislature shall pre-
scribe, and complying with such regulations and
rules as the directors of the said West Stockbridge
Rail Road Corporation may, from time to time, pre-
scribe by virtue of the eighty-third section of the
thirty-ninth chapter of the said Revised Statutes.

Sec. 6. The said Western Rail Road Corpora- The western rail
tion may, at any time, on or before the first day of chase this road,
December, in the year one thousand eight hundred
and thirty-nine, assume and purchase the rail road
hereby authorized to be made, and hold and use the
same as a part of their main road, or as a branch
thereof; or a part thereof as a portion of their main
road, and the residue as a branch thereof, upon pay-

814 BEVERLY FEMALE CH. SO. April 5,\S36,

ing to the said West Stockbridge Rail Road Corpo-
ration such a sum as will reimburse them the amount
of capital paid in and expended thereon, with inter-
est from the time of payment thereof by the stock-
holders, to the time of such purchase.

And upon such payment, or a tender thereof, the
said West Stockbridge Rail Road Corporation shall
assign and convey to the said Western Rail Road
Corporation the said road, with all the privileges
thereto belonging, and thereafter, the said Western
Rail Road Corporation may hold and use the same
under the provisions of their act of incorporation as
fully as if they had originally located and construct-
ed said road under said act ; and in that event this
act shall be void.

[Approved by the Governor, April 5, 1836.]

CHAP. CXXXIII.

An Act to incorporate the Beverly Female Charita-
ble Society.

j3E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :
Persons incorpo- Sec. 1. Mary Wcld, Naucy Bridge, and Char-
lotte Rantoul, their associates and successors, are
hereby made a corporation, by the name of " the
Beverly Female Charitable Society,'' with power
to take and hold by subscription, gift, grant, pur-
chase, bequest or otherwise, personal and real estate,

rated.

BOSTON STEAM FACTORY. 4?n7 5, 1836. 815

not exceeding in amount, at any one time, ten thou-
sand dollars, the funds so held, and the income
thereof, to be expended and to be applied so as best
to promote the objects of the society, subject to the
provisions of the forty-fourth chapter of the Revised
Statutes, passed on the fourth day of November, in
the year one thousand eight hundred and thirty-five.

Sec. 2. The treasurer of said society shall be a .
single woman, of the age of twenty-one years or
upwards.

Sec. 3. Every married woman belonging to said
society, who shall receive any of the money or other
property of said society, shall thereby render her
husband accountable therefor to said society.

[Approved by the Governor, April 5, 1836.]

CHAP. CXXXIV.

An Act in addition to an Act to incorporate the
Boston Steam Factory.

Be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. The Boston Steam Factory, in addition Personal estate.
to the powers already granted to them, are hereby
empowered to hold the sum of seventy thousand
dollars personal estate, for the purpose of carrying
on and extending their manufacture of India rubber
goods, or goods in which gum-elastic is a component
part.

816 MASSACHU. MINING CO. April 5,U36.

Sec. 2. The said Boston Steam Factory shall
have all the powers and privileges, and be subject
to all the duties, restrictions and liabilities set forth
in the thirty-eighth and forty-fourth chapters of the
Revised Statutes, passed on the fourth day of No-
vember, in the year one thousand eight hundred and
thirty-five.

[Approved by the Governor, April 5, 1836.]

CHAP. CXXXV.

An Act to incorporate the Massachusetts Mining
Company.

i3E it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows :
Persons incorpo- Sec. 1. Edward Eldridije, William B. Dorr, and

rated. . .

Ralph S. Dorr, their associates and successors, are
hereby made a corporation, by the name of the Mas-
sachusetts Mining Company, for the purpose of dig-
ging and njining for coal and other minerals, and for
metals within the counties of Bristol and Norfolk,
and for converting the same to useful purposes, with
all the powers and privileges, and subject to all the
duties, restrictions and liabilities set forth in the
thirty-eighth and forty-fourth chapters of the Revis-
ed Statutes, passed on the fourth day of November,
in the year one thousand eight hundred and thirty-
five.
^'*^^'®- Sec. 2. Said corporation may hold, for the pur-

poses aforesaid, real estate to the amount of fifty

AMHERST MANUFAC. CO. April 5, 1836. 817

thousand dollars, and the whole capital stock of said
company, shall not exceed the sum of seventy-five
thousand dollars.

[Approved by the Governor, April 5, 1836.]

CHAP. CXXXVI.

An Act to incorporate the Amherst Manufacturing
Company.

J3E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, asfolloivs :

Sec. 1 . Thomas Jones, Marshall S. Jones and Persons incorpo-
Daniel W. Willard, their associates and successors,
are hereby made a corporation, by the name of " the
Amherst Manufacturing Company," for the purpose
of manufacturing woollen, cotton and other goods,
in the town of Amherst, in the county of Hamp-
shire, and for this purpose shall have all the powers
and privileges, and be subject to all the duties, re-
strictions and liabilities set forth in the thirty-eighth
and forty-fourth chapters of the Revised Statutes,
passed on the fourth day of November, in the year
one thousand eight hundred and thirty-five.

Sec. 2. The said corporation may hold real es- Estate.
tate to the amount of fifty thousand dollars, and the
whole capital stock of said corporation shall not ex-
ceed the sum of one hundred thousand dollars.

[Approved by the Governor, April 5, 1836.]

103

818 BOSTON PEARL MAN. CO. April 6, 1836.

CHAP. CXXXVII.

An Act concerning the Returns of County Commis-
sioners.

JBE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

The county commissioners of the several counties
in the Commonwealth, shall annually transmit to
the secretary, with the estimates for county taxes,
as provided for in the fourteenth chapter of the Re-
vised Statutes, a statement of the amount of bor-
rowed money due from their respective counties, and
also the amount of taxes due and unpaid to said
counties, at the time of making said estimates.

[Approved by the Governor, April 5, 1836.]

CHAP. CXXXVIH.

An Act to incorporate the Boston Pearl Manufactur-
ing Company.

Jl>E it enacted by the Senate and House of

Representatives, in General Court assembled, and by

the authority of the same, as follows :

Persons incorpo- Sec. 1. Gcovge Odiome, Parker H. Pierce, and

Edward D. Clark, iheir associates and successors,

MASSACHUSETTS HEMP CO. April 5, 1836. 819

are hereby made a manufacturing corporation, by the
name of the " Boston Pearl Manufacturing Compa-
ny," for the purpose of manufacturing articles compos-
ed wholly or in part of pearl, within the city of Bos-
ton ; and for this purpose shall have all the powers
and privileges, and be subject to all the duties, re-
strictions and liabilities set forth in the thirty-eighth
and forty-fourth chapters of the Revised Statutes,
passed on the fourth day of November, in the year
one thousand eight hundred and thirty-five.

Sec. 2. The said corporation may hold, for the Estate,
purposes aforesaid, real estate to the amount of
thirty thousand dollars, and the whole capital stock
of said corporation shall not exceed the amount of
eighty thousand dollars.

[Approved by the Governor, April 5, 1836.]

CHAP. CXXXIX.

An Act to incorporate the Massachusetts Hemp
Company.

J3E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. J. W. Lewis, John Goulding, and J. W. Persons incorpoi

^ rated.

Harris, their associates and successors, are hereby
made a manufacturing corporation, by the name of
the Massachusetts Hemp Company, for the purpose
of spinning hemp and flax, and manufacturing cord-
age, duck, hemp, bagging, twine and lines, in the

820 ARGUS MAN. CO. Aprils, 1836.

city of Boston, within the county of Suffolk, and
for this purpose shall have all the powers and privi-
leges, and be subject to all the duties, restrictions
and liabilities set forth in the thirty-eighth and for-
ty-fourth chapters of the Revised Statutes, passed
on the fourth day of November, in the year one
thousand eight hundred and thirty-five.
Estate. Sec. 2. The said corporation may hold, for the

purposes aforesaid, real estate to the amount of fifty
thousand dollars, and the whole capital stock of said
corporation shall not exceed the amount of one hun-
dred and fifty thousand dollars.

[Approved by the Governor, April 5, 1836.]

CHAP. CXL.

An Act to incorporate the Argus Manufacturing
Company.

HK it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows:
Persons incorpo- Sec. 1 . Robcrt G. Shavv, Jamcs Harris, and
Charles W. Cartwright, their associates and success-
ors, are hereby made a manufacturing corporation, by
the name of the Argus Manufacturing Company, for
the purpose of manufacturing hemp, flax and other
vegetable fibrous substances, in the counties of Suf-
folk and Norfolk ; and for this purpose shall have
all the powers and privileges, and be subject to all
the duties, restrictions and liabilities set forth in the
thirty-eighth and forty-fourth chapters of the Revis-

WORTHEN MAN. CO. Jpril 5, 1836. 821

ed Statutes, passed on the fourth day of November,
in the year one thousand eight hundred and thirty-
live.

[Approved by the Governor, April 5, 1836.]

CHAP. CXLI.

An Act to incorporate the Worthen Manufacturing
Company.

JdE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. Thomas Bailey, Robert Cross, Daniel p^^^«^°"s "^^orpo-
Long, and their associates and successors, are here-
by made a manufacturing corporation, by the name
of the Worthen Manufacturing Company, for the
purpose of manufacturing cotton, by the application
of steam power, in the town of Amesbury, in the
county of Essex ; and for this purpose, shall have all
the powers and privileges, and be subject to all the
duties, restrictions and liabilities set forth in the
thirty-eighth and forty-fourth chapters of the Re-
vised Statutes, passed on the fourth day of Novem-
ber, in the year one thousand eight hundred and
thirty-five.

822 ARKWRIGHT COMPANY. . April 5, 1S36.

Estate. Sec. 2. The said corporation may hold, for the

purposes aforesaid, real estate to the amount of thir-
ty thousand dollars, and the whole capital stock of
said corporation, shall not exceed the amount of six-
ty thousand dollars.

[Approved by the Governor, April 5, 1836.]

CHAP. CXLII.

An Act to incorporate the Arkwright Company.

ijE it enacted by the Senate and House of
Representatives, in Getter al Court assembled, and
by the authority of the same, as follows :

Persons incorpo- Sec. 1. Jcsse Fox, Sidney Spaulding, and Wil-
liam W. Wyman, their associates and successors,
are hereby made a manufacturing corporation, by
the name of the Arkwright Company, for the pur-
pose of improving and manufacturing machinery,
either in the county of Suffolk or Middlesex ; and
for this purpose shall have all the powers and privi-
leges, and be subject to all the duties, restrictions
and liabilities set forth in the thirty-eighth and for-
ty-fourth chapters of the Revised Statutes, passed
on the fourth day of November, in the year one
thousand eight hundred and thirty-five.

Estate. Sec. 2. The said corporation may hold, for the

purposes aforesaid, real estate to the amount of
fifty thousand dollars, and the whole capital stock of
said corporation shall not exceed the amount of one
hundred and fifty thousand dollars.

[Approved by the Governor, April 5, 1836.]

MANSFIELD COAL CO. April 5, 1836. 823

CHAP. CXLIIL

An Act to incorporate the Mansfield Coal Company.

Jl>E it enacted by the Senate and House of Rep-
resentatives^ in General Court assembled, and by the
authority of the same, as follows :

Sec. L James L. Hodges, Elkanah Bates, and Persons incorpo-
Nathaniel Dorr, their associates and successors, are
hereby made a corporation, by the name of the
Mansfield Coal Company, for the purpose of dig-
ging and mining for coal and other minerals, within
the counties of Norfolk and Bristol, and of convert-
ing the same to useful purposes, with all the powers
and privileges, and subject to all the duties, restric-
tions and liabilities set forth in the thirty-eighth and
forty-fourth chapters of the Revised Statutes, passed
on the fourth day of November, in the year one
thousand eight hundred and thirty-five.

Sec. 2. Said corporation may hold, for the pur- Estate.
poses aforesaid, real estate to the amount of fifty
thousand dollars, and personal estate to the amount
of fifty thousand dollars.

[Approved by the Governor, April 5, 1836.]

824 AGAWAM CANAL CO. April 5, 1836.

CHAP. CXLIV.

An Act to incorporate the Agawam Canal Company.

Be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled^ and by the
authority of the same, as follows :

Persons iucorpo- Sec. 1. Chailes Ely, Joscph S. Stebbius, and
Henry P. Kent, their associates and successors, are
hereby made a corporation, by the name of the Ag-
awam Canal Company, for the purpose of creating
water power, and manufacturing machinery in the
town of West Springfield, in the county of Hamp-
den, and for this purpose, shall have all the powers
and privileges, and be subject to all the duties, re-
strictions and liabilities set forth in the thirty-eighth
and forty-fourth chapters of the Revised Statutes,
passed on the fourth day of November, in the year
of our Lord one thousand eight hundred and thirty-
five.

Estate. Sec. 2. Said corporation may hold, for the pur-

poses aforesaid, real estate to the amount of one
hundred thousand dollars, and the whole capital
stock of said company shall not exceed the amount
of two hundred thousand dollars.

[Approved by the Governor, April 5, 1836.]

MAV. WATER POWER CO. April 5, 1836. 825

CHAP. CXLV.

An Act to incorporate the Maverick Water Power
Company.

13 E it enacted by the Senate and House of Rep-
resentatives, in General Court assetnbled, and by the
authority of the same, as follows:

Sec. 1. Stephen Locke, Benjamin Lamson and Persons incorpo-
Joseph Ripley, their associates and successors, are '^
hereby made a corporation, by the name of the Ma-
verick Water Power Company, for the purpose of
constructing a dam across the basin at East Boston,
so as to enclose the water within the same, thereby
to create a power for mechanical or manufacturing
purposes, with authority to construct all necessary
sluiceways, causeways and other works, and for
this purpose shall have all the powers and privileges,
and be subject to all the duties, restrictions and lia-
bilities set forth in the forty-fourth chapter of the
Revised Statutes, passed on the fourth day of No-
vember, in the year one thousand eight hundred and
thirty-five.

[Approved by the Governor, April 5, 1836.]
104

826 BOSTON & LOWELL R. R. COR. Aj)ril 6, 1836.

CHAP. CXLVL

An Act for increasing the Capital Stock of the Bos-
ton and Lowell Rail-road Corporation.

JdE it enacted hy the Senate and House of Rep-
resentatives, in General Court assembled, and hy the
authority of the same, as follows :

The capital stock of the Boston and Lowell Rail-
road Corporation be further increased, six hundred
Returns to be un- sharcs of fivc hundred dollars each. Provided, that
the annual report required to be made to the legisla-
ture by the directors, shall be under oath of the
directors ; and the legislature niaj at all times ex-
amine into the books and doings of said corporation;

State may pur- and maj further, after twenty years from the open-
chase rail-road . f • ^ '\ ^ c i c \ 'j

after 20 years, ing 01 Said rail-road tor use, purchase or the said
corporation, the said rail-road, and all the franchise,
property, rights and privileges of the corporation, by
paying them therefor, such a sum, as, together with
the whole sum received by said corporation, from tolls
and all other sources of profit, will reimburse them
the amount of capital paid in, for constructing and
keeping in repair said rail-road, and other necessary
expenses, with a net profit thereon of ten per cent,
per annum, any thing contained in the twelfth sec-
tion of their act of incorporation, passed on the fifth
day of June, one thousand eight hundred and thirty,
or in the first section of an additional act, passed on
the fifth day of March, one thousand eight hundred
and thirty-two, to the contrary notwithstanding.
And provided, also, that the legislature may, at all

STURBRIDGE SAVINGS INST. April 6, IHSG. 827

times, exercise the same powers in relation to alter-
ing, amending, or repealing the said original act of
incorporation, or any act in addition thereto, as arc
contained in the forty-fourth chapter of the Revised
Statutes, passed on the fourth day of November, in
the year one thousand eight hundred and thirty-five;
except that the tolls shall not be so fixed or altered,
as to reduce the net profits arising from all sources,
to less than ten per cent, per annum. And provided, Proviso.
also, that said last named proviso shall be null and
void, unless the same shall be assented to by a ma-
jority of the stockholders of said corporation, within
thirty days from the time when this act shall take
effect.

[Approved by the Governor, April 6, 1836.]

CHAP. CXLVII.

An Act to establish an Institution for Savings in
Sturbridge.

13 E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the saine, asfolloivs :

Calvin P. Fiske, Simeon A. Drake and Horatio Persons incorpo-
N. Drake, their associates and successors, are here-
by made a corporation by the name of " The Stur-
bridge Institution for Savings," to be established in
the town of Sturbridge, in the county of Worcester,
with all the powers and privileges, and subject to all
the duties, liabilities and restrictions set forth in the

828 N. E. KNITTING MACHINE CO. April 6, 1836.

thirty-sixth chapter of the Revised Statutes, passed
on the fourth day of November, in the year one
thousand eight hundred and thirty-five.

[Approved by the Governor, April 6, 1836.]

CHAP. CXLVIII.

An Act to incorporate the New England Knitting
Machine Company.

Persons incorpo- j3E it euacted by the Senate and House of Rep-

resentatives, in General Court assembled, and by the
authority of the same, as follows:

Sec. 1. Thomas J. Whittemore, Charles Willis,
and George C. Barrett, their associates and succes-
sors, are hereby made a corporation, by the name of
" the New England Knitting Machine Company,"
for the purpose of vending and making McMullen
and Hollens' patent knitting machine, and for man-
ufacturing hosiery and other knit work, in the city
of Boston, and for this purpose shall have all the
powers and privileges, and be subject to all the du-
ties, restrictions and liabilities set forth in the thirty-
eighth and forty-fourth chapters of the Revised
Statutes, passed on the fourth day of November, in
the year one thousand eight hundred and thirty-five.

Estate. Sec. 2. The said company may hold, for the

purposes aforesaid, real estate to the amount of
twenty thousand dollars, and the whole capital stock
of said company shall not exceed fifty thousand dol-
lars.

[Approved by the Governor, April 6, 1836.]

SUFFOLK INSURANCE CO. April 6, 1836. 829

CHAP. CXLIX.

An Act to continue in force an act to incorporate the
Suffolk Insurance Company.

rJE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

The statute of the year one thousand eight hun-
dred and eighteen, incorporating the Suffolk Insur-
ance Company, and the several acts in addition
thereto shall be continued and remain in force for
the term of twenty years, from and after the thir-
teenth day of February, in the year one thousand
eight hundred and thirty-eight, and said company
shall have all the powers and privileges, and be sub-
ject to all the duties, restrictions and liabilities set
forth in the thirty-seventh chapter of the Revised
Statutes, passed on the fourth day of November, in
the year one thousand eight hundred and thirty-
five.

[Approved by the Governor, April 6, 1836.]

830 KEITH IRON COMPANY. Aprils, 1836.

CHAP. CL.

An Act to extend the time for paying in the Capital
Stock of the India Fire and Marine Insurance
Company.

Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows:

The time wherein the Capital Stock of the India
Fire and Marine Insurance Company, is by law re-
quired to be paid in, is hereby extended to the twen-
ty-fifth day of March, in the year one thousand eight
hundred and thirty-seven.

[Approved by the Governor, April 6, 1836.]

CHAP. CLI.

An Act to incorporate the Keith Iron Company.

JdE it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows :
Persons incorpo- Sec. 1. Lcvi Kcith, Jr., Zcnas Keith, Jr., Syl-
vanus L. Mitchell, their associates and successors,
are hereby made a manufacturing corporation, by
the name of the " Keith Iron Company,'' for the
purpose of rolling and slitting iron, and the manu-

MIDNEAG MANUFAC. CO. April 6, 1836. 831

facture of nails and tacks in the town of East
Bridgewater, in the county of Plymouth ; and for
this purpose, shall have all the powers and privi-
leges, and be subject to all the duties, restrictions
and liabilities set forth in the thirty-eighth and
forty-fourth chapters of the Revised Statutes, pas-
sed on the fourth day of November, in the year one
thousand eight hundred and thirty-five.

Sec. 2. The said corporation may hold, for the Estate.
purposes aforesaid, real estate to the amount of
twenty thousand dollars, and the whole capital
stock of said corporation shall not exceed the
amount of one hundred thousand dollars.

[Approved by the Governor, April 6, 1836.]

ll CHAP. CLII.

An Act to incorporate the Midneag Manufacturing
Company.

Be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. Caleb Rice, Charles Ely and Joseph S. ^^^^^""^ incorpo-
Stebbins, their associates and successors, are hereby
made a manufacturing corporation, by the name of
the " Midneag Manufacturing Company," for the
purpose of manufacturing cotton, wool and machin-
ery, in the town of West Springfield, in the county
of Hampden ; and for this purpose, shall have all
the powers and privileges, and be subject to all the
duties, restrictions and liabilities, set forth in the

832 NEPONSET PAPER MILLS. April 6, 1836.

thirty-eighth and forty-fourth chapters of the Re-
vised Statutes, passed on the fourth day of Novem-
ber, in the year one thousand eight hundred and
thirty-five.
Estate. Sec. 2. The said corporation may hold, for the

purposes aforesaid, real estate to the amount of fifty
thousand dollars, and the whole capital stock of said
corporation shall not exceed the amount of two hun-
dred and fifty thousand dollars.

[Approved by the Governor, April 6, 1836.]

CHAP. CLIII.

An Act to incorporate the "Neponset Paper Mills."

x3E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sr ''''°''^°' Sec. 1. Silas Smith, Ellis Morse and Warren
Lewis, their associates and successors, are hereby
made a manufacturing corporation, by the name of
the *' Neponset Paper Mills," for the purpose of
manufacturing paper in the town of Walpole, in the
county of Norfolk ; and for this purpose, shall have
all the powers and privileges, and be subject to all
the duties, restrictions and liabilities set forth in the
thirty-eighth and forty-fourth chapters of the Re-
vised Statutes, passed on the fourth day of Novem-
ber, in the year one thousand eight hundred and
thirty-five.

Estate. Sec. 2. The said corporation may hold, for the

purposes aforesaid, real estate to the amount of for-

PICKLED FISH. April 6, 1836. 833

ty thousand dollars, and the whole capital stock of
said corporation shall not exceed the amount of eigh-
ty thousand dollars.

[Approved by the Governor, April 6, 1836.]

CHAP. CLIV.

An Act in addition to an act, regulating the inspec-
tion of Pickled Fish.

UE it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows :

Sec. 1. There shall be three numbers of mack- Branding
erel, those of best quality not mutilated of suitable
size, free from rust, taint, or damage, shall be brand-
ed number one ; the next best quality of suitable size,
free from rust, taint, or damage, shall be branded
number two ; those that remain after the above selec-
tions of suitable size, free from taint or damage, shall
be branded number three ; those of this number that
are of the description, called Block island mackerel,
shall also be branded with the word South ; all mack-
erel of less than ten inches in length, being free from
taint or damage, shall be branded number three, small.

Sec. 2. So much of the seventy-third section of
the twenty-eight chapter of the Revised Statutes,
passed on the fourth day of November, in the year
one thousand eight hundred and thirty-five, as is in-
consistent with this act, is hereby repealed.

[Approved by the Governor, April 6, 1836.]
105

834 MILLS STEAM COMPANY. Jpril 6, 1836.

CHAP. CLV.

An Act to incorporate the Mills Steam Company.

Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows :

fa^c?"' '"''°'^°' ^^^- ^' Stephen Webster, Enoch W. Osgood,
and Zebedee Morrill, their associates and successors,
are hereby made a manufacturing corporation, by the
name of the " Mills Steam Company," for the pur-
pose of manufacturing machinery by steam power,
in the towns of Salisbury and Amesbury, in the
county of Essex ; and for this purpose, shall have all
the powers and privileges, and be subject to all the
duties, restrictions and liabilities set forth in the
thirty-eighth and forty-fourth chapters of the Revised
Statutes, passed on the fourth day of November, in
the year one thousand eight hundred and thirty-five.

'E-siaie. ^Ec. 2. The Said corporation may hold, for the

purposes aforesaid, real estate to the amount of ten
thousand dollars, and the whole capital stock of said
corporation shall not exceed the amount of twenty-
five thousand dollars.

[Approved by the Governor, April 6, 1836.]

WARREN COMPANY. April n, 1836. 835

CHAP. CLVI.

An Act to incorporate the Warren Company.

J3E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. Jacob Saunders, Ira Brown, Albert i'«'"^ons incorpo-

' ' rated.

Howe, their associates and successors, are hereby
made a manufacturing corporation, by the name of
the " Warren Company," for the purpose of manu-
facturing cotton goods in the town of Townsend, in
the county of Middlesex, and for this purpose shall
have all the powers and privileges, and be subject
to all the duties, restrictions and liabilities set forth
in the thirty-eighth and forty-fourth chapters of the
Revised Statutes, passed on the fourth day of No-
vember, in the year one thousand eight hundred and
thirty-five.

[Approved by the Governor, April 8, 1836.]

836 FISH. IN MYSTIC RIVER. April 8, 1836.

CHAP. CLVII.

An Act to extend the time for paying in the Capital
Stock of the " Bowdoin Insurance Company in
Boston."

Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows :

The lime wherein the capital stock of the Bow-
doin Insurance Company is by law required to be
paid in, is hereby extended to the twenty-fifth day
of March, in the year one thousand eight hundred
and thirty-seven.

[Approved by the Governor, April 8, 1836.]

CHAP. CLVIII.

An Act further to regulate the Fisheries in Mystic

River.

JoE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, asfolloios:

The inhabitants of the town of Medford mav
hereafter take shad and alewives in the Mystic river,
on the flood as well as on the ebb tide, on Wednes-
day of each week, between the first day of March

AMHERST FEMALE SEM. April 8, 1836. 837

and the last day of June, inclusive, any thing in the
" act of February fourteenth, in the year eighteen
hundred and twenty-one," for the regulation of the
shad and alewive fishery in Cambridge, Charlestown,
Medford and West Cambridge, to the contrary not-
withstanding.

[Approved by the Governor, April 8, 1836.]

CHAP. CLIX.

An Act to incorporate the Proprietors of the Amherst
Female Seminary.

JjE it enacted by the Senate and House of Rep-
resentatives in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. Heman Humphrey, Edward Hitchcock Persons incorpo-
and Solomon Pitkin, their associates and successors,
are hereby made a corporation, by the name of the
Proprietors of the Amherst Female Seminary, to be
established in the town of Amherst, in the county of
Hampshire, with all the powers and privileges, and
subject to all the duties, restrictions and liabilities
set forth in the forty-fourth chapter of the Revised
Statutes, passed on the fourth day of November, in
the year one thousand eight hundred and thirty-five.

Sec. 2. The said corporation may hold real es- Estate.
tate to the amount of ten thousand dollars, and per-
sonal estate to the amount of ten thousand dollars,
to be devoted exclusively to the purposes of educa-
tion.

[Approved by the Governor, April 8, 1836.]

838 HAMPSHIRE & HAMP. MIN. CO. April 8, 1836.

CHAP. CLX.

An Act to increase the Capital Stock of the Granite
Railway Company.

j3E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

The Granite Railway Company are hereby au-
thorized to increase their capital stock by the addi-
tion of one hundred and fifty thousand dollars, and
to divide their whole capital stock into any number
of shares, not exceeding twenty-five hundred.

[Approved by the Governor, April 8, 1836.]

CHAP. CLXI.

An Act to incorporate the Hampshire and Hampden
Mining Company.

Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows:
Persons incorpo- Sec. 1. Forrcst Shepherd, John B. Gray and
Ephraim M. Cunningham, their associates and suc-
cessors, are hereby made a corporation, by the name
of the Hampshire and Hampden Mining Company,
for the purpose of exploring, quarrying and mining

MARLBORO' CHAPEL. April 8, 1836. 839

for iron, marble and lime, and other minerals and
metals, within the counties of Hampshire and Hamp-
den, in this Commonwealth, and converting the same
to useful purposes ; with all the powers and privi-
leges, and subject to all the duties, restrictions and
liabilities set forth in the thirty-eighth and forty-
fourth chapters of the Revised Statutes, passed on
the fourth day of November, in the year one thou-
sand eight hundred and thirty-five.

Sec. 2. The said corporation may hold such real Estate,
estate, not exceeding one hundred thousand dollars
in value, and such personal estate, not exceeding
fifty thousand dollars in value, as may be necessary
to carry into effect the purposes aforesaid.

[Approved by the Governor, April 8, 1836.]

CHAP. CLXn.

An Act to incorporate the Proprietors of the Marl-
boro' Chapel in Boston.

Be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Willard Sears, Amasa Walker and Increase S. persons incorpo-
Withington, their associates and successors, are here- ^^^^^'
by made a corporation, by the name of the Marlboro'
Chapel in Boston, with all the powers and privi-
leges, and subject to the duties and liabilities inci-
dent to religious societies in this Commonwealth,
with power to hold real and personal estate, to an Estate.
amount including their chapel and the land under

840 CHICOPEE FALLS CO. April 8, 1836.

and appurtenant to the same, not exceeding in value
the sum of eighty thousand dollars, and the same to
sell, mortgage, or otherwise dispose of: provided
the income thereof be appropriated exclusively to
parochial purposes.

[Approved by the Governor, April 8, 1836.]

CHAP. CLXIII.

An Act to incorporate the Chicopee Falls Company.

13 E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Persons incorpo- Sec. 1. David M. Bryant, David Bemis, George
W. Buckland, their associates and successors, are
hereby made a manufacturing corporation, by the
name of " the Chicopee Falls Company," for the
purpose of manufacturing machinery in the town of
Springfield, in the county of Hampden, and for this
purpose shall have all the powers and privileges, and
be subject to all the duties, restrictions and liabilities
set forth in the thirty-eighth and forty-fourth chap-
ters of the Revised Statutes, passed on the fourth
day of November, in the year one thousand eight
hundred and thirty-five.

Estate. Sec. 2. The said corporation may hold, for the

purposes aforesaid, real estate to the amount of
twenty-five thousand dollars, and the whole capital
stock of said corporation shall not exceed the sum of
seventy-five thousand dollars.

[Approved by the Governor, April 8, 1836.]

PATENT CORK MANUF. April 8, 1836. 841

CHAP. CLXIV.

An Act to incorporate the Patent Cork Manufactory.

JjE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. John Henshaw, Ebenezer C. Leman ^^'■^i''** '"•^°''p°-

' rated.

and Jonathan Cutter, their associates and successors,
are hereby made a manufacturing corporation, by the
name of the " Patent Cork Manufactory," for the pur-
pose of manufacturing corks in the city of Boston, and
for this purpose shall have all the powers and privileges,
and be subject to all the duties, restrictions and lia-
bilities set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes, passed on the
fourth day of November, in the year one thousand
eight hundred and thirty-five.

Sec. 2. The said corporation may hold, for the Estate.
purposes aforesaid, real estate to the amount of
twenty thousand dollars, and the whole capital stock
of said corporation shall not exceed the sum of one
hundred thousand dollars.

[Approved by the Governor, April 8, 1836.]

106

842 BEAVER BROOK MANUF. April 8, 1836.

CHAP. CLXV.

An Act to incorporate the " Beaver Brook Manu-
factory."

x5E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :
Persons incorpo- Sec. 1. Willard Savles, Ebenezer T.Andrews

rated. -, . , . .

and Francis Skinner, their associates and successors,
are hereby made a manufacturing corporation, by
the name of the "Beaver Brook Manufactory," for
the purpose of manufacturing cotton and woollen
goods, in the town of Dracut, 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,
restrictions and liabilities set forth in the thirty-
eighth and forty-fourth chapters of the Revised
Statutes, passed on the fourth day of November, in
the year one thousand eight hundred and thirty-five.
Estate. Sec. 2. The said corporation may hold, for the

purposes aforesaid, real estate to the amount of
seventy-five thousand dollars, and the whole capital
stock of said corporation shall not exceed the amount
of two hundred thousand dollars.

[Approved by the Governor, April 8, 1836.]

UNION WHARF. April9,U36. 843

CHAP. CLXVI.

An Act to incorporate the Proprietors of the Pro-
testant Episcopal Church in Worcester.

Be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Thomas H. Vail, Ira Barton and Edward F.
Dixie, their associates and successors, are hereby
made a corporation, by the name of the Proprietors
of the Protestant Episcopal Church in Worcester,
with power to hold real and personal estate to an
amount not exceeding the value of twenty thousand
dollars : provided, the same be appropriated exclu-
sively to parochial purposes.

[Approved by the Governor, April 8, 1836.]

CHAP. CLXVII.

An Act confirming the doings of the Proprietors of
Union Wharf, in the recent construction of the
abutment at the end thereof.

JlJE it enacted by the Senate and House of
Representatives, in General Court assembled, and
by the authority of the same, as follows :

The doings of the proprietors of the wharf in the

844 UNION WHARF. 4?n7 9, 1836.

citj of Boston, (now called and known by the name
of Union Wharf,) in the constructing of the head
or abutment of said wharf, made since the last ses-
sion of the general court, are hereby ratified and
confirmed, and the said proprietors shall possess and
enjoy the same as a part of said wharf, and shall
have the right and privilege of using and occupying
the flats adjacent to said head or abutment, at the
ends and sides thereof, in the same manner in which
they have hitherto had the right to use and occupy
the flats or docks adjoining the other portions of
Proviso. said wharf: provided^ that neither they nor their

assigns shall have or claim any right to use and oc-
cupy the flats on the south side of said head or
abutment, beyond a line drawn in continuation of
the boundary line, established by the first section of
the act authorizing the extension of said wharf,
passed on the twenty-seventh day of February, in
the year one thousand eight hundred and twenty-
nine : and provided also, that nothing herein con-
tained shall be so construed as to authorize said pro-
prietors to lessen or injure the rights or property of
any other person or persons whatsoever.

[Approved by the Governor, April 9, 1836.]

ELIOT SOCIETY. April 9, 1836. 845

CHAP. CLXVIII.

An Act to incorporate the Eliot Society in Roxbury.

JjE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. John Heath, William G. Lambert and ^^''""^ '"<=°'p°-

rated.

Alvah Kittredge, together with all persons who are
subscribers to the stock, or who now are, or shall
hereafter become proprietors of pews in the meeting-
house, situated in Kenilworth street, in Roxbury, are
hereby made a corporation, by the name of the Eliot
Society in Roxbury, with all the powers and privi-
leges, and subject to all the duties and liabilities inci-
dent to religious societies in this Cowmonwealth, and
with power to hold real and personal estate, the in- Estate.
come of which, exclusive of their said meeting-house,
and the land under and appurtenant to the same,
shall not exceed the sum of two thousand dollars per
annum : provided, the same shall be applied exclu-
sively to parochial purposes.

Sec. 2. Said society may assess upon the pews. Assessment on
in said house, according to a valuation thereof, to be
agreed upon by said society, such sums as shall be
by them voted to be raised for the support of public
worship, in said house, and other parochial charges
of said society ; and all such assessments may be
collected, in the manner provided by the thirty-
second, thirty-third and thirty-fourth sections of the
twentieth chapter of the Revised Statutes, passed

846 QUINSIGAMOND PAP. MILLS. April 9, 1836.

the fourth day of November, in the year one thou-
sand eight hundred and thirty-five.

[Approved by the Governor, April 9, 1836.]

CHAP. CLXIX.

An Act to incorporate the Quinsigamond Paper
Mills Company.

J3E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, asfoUoivs :

fated?' '°'°'^°* Sec. 1. Isaac Goddard, Orlow Brown, Gardner
S. Burbank, their associates and successors, are
hereby made a manufacturing corporation, by the
name of the Quinsigamond Paper Mills Company,
for the purpose of manufacturing paper and books,
in the town of Worcester, in the county of Worces-
ter, and, for these purposes, shall have all the powers
and privileges, and be subject to all the duties, re-
strictions and liabilities set forth in the thirty-eighth
and forty-fourth chapters of the Revised Statutes,
passed on the fourth day of November, in the year
one thousand eight hundred and thirty-five.

Estate. Sec. 2. The said corporation may hold, for the

purposes aforesaid, real estate to the amount of fifty
thousand dollars, and the whole capital stock of said
corporation shall not exceed the amount of one hun-
dred thousand dollars.

[Approved by the Governor, April 9, 1836.]

EAGLE INDIA RUBBER CO. 4?n7 9, 1836. 847

CHAP. CLXX.

An Act to incorporate the Eagle India Rubber
Company.

jcJE it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows :

Sec. 1. Jacob Richardson, Samuel Sweetser, Persons incorpo-
and Edward Haynes, Jr., their associates and suc-
cessors, are hereby made a manufacturing corpora-
tion, by the name of the Eagle India Rubber Com-
pany, for the purpose of manufacturing, in the county
of Norfolk, or Middlesex, goods, merchandize and
other articles, the component stock of which will be
wholly or in part, India rubber or gum elastic, and,
for this purpose, shall have all the powers and privi-
leges, and be subject to all the duties, restrictions
and liabilities set forth in the thirty-eighth and forty-
fourth chapters of the Revised Statutes, passed on
the fourth day of November, in the year one thou-
sand eight hundred and thirty-five.

Sec. 2. The said corporation may hold, for the Estate,
purposes aforesaid, real estate to the amount of fifty
thousand dollars, and the whole capital stock of said
corporation shall not exceed the amount of one hun-
dred and fifty thousand dollars.

[Approved by the Governor, April 9, 1836.]

848 CITIZENS BANK. 4?n7 9, 1836.

CHAP. CLXXI.

An Act to extend the time for paying in the Capital
Stock of the South Boston Fire and Marine In-
surance Company.

x3E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by
the authority of the same, as follows :

The time wherein the capital stock of the South
Boston Fire and Marine Insurance Company is by
law required to be paid in, is hereby extended unto
the twenty-sixth day of February, in the year one
thousand eight hundred and thirty-seven.

[Approved by the Governor, April 9, 1836.]

CHAP. CLXXII.

An Act to establish the Citizens Bank.

JlJE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :
Persons incorpo- Sec. 1. Calviu Willard, Stephen Salisbury and
Hervey Blashfield, their associates and successors,
are hereby made a corporation, by the name of the
President and Directors and Company of the Citi-
zens Bank, to be established in the town of Worces-

rated

FAIRHAVEN BANK. JprU 9, 183(3. 849

ter, and shall so continue until the first day of Octo-
ber, in the year one thousand eight hundred and
fifty-one, and shall be entitled to all the powers and
privileges, and subject to all the duties, liabilities and
requirements contained in the thirty-sixth cha])ter
of the Revised Statutes, passed the fourth day of
November, in the year one thousand eight hundred
and thirty-five.

Sec. 2. The stock in said bank shall be transfer-
able only at its banking-house and in its books.

Sec. 3. The capital stock of said corporation Amount of stock.
shall consist of five hundred thousand dollars, to be
divided into shares of one hundred dollars each, to
be paid in such instalments, and at such times, as
the stockholders may direct : provided, the whole be when to be paia
paid in on or before the first day of January next.

[Approved by the Governor, April 9, 1836.]

CHAP. CLXXIII,

An Act to increase the Capital Stock of the Fair^
haven Bank.

1>£ it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, asfolloivs:

Sec. 1. The President, Directors and Company
of the Fairhaven Bank, are hereby authorized to in-
crease 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
107

850 ELM ST, BAP. MEETING-H. Jpril 9, 1836.

such instalments as the president and directors of

said bank maj direct and determine : provided^ that

When to be paid the whole amount shall be paid in on or before the

m. *

first day of October next.

Sec. 2. The additional stock aforesaid shall be
subject to the like tax, regulations, restrictions and
provisions, to which the present capital stock of said
corporation is now subject.

Sec. 3. Before said corporation shall proceed to
do business upon said additional capital, a certificate,
signed hy the president and directors, and attested
by the cashier, that the same has been actually paid
into said bank, shall be returned into the office of
the secretary of the Commonwealth.

[Approved by the Governor, April 9, 1836.]

Certificate.

CHAP. CLXXIV.

An Act to incorporate the Proprietors of the Elm
street Baptist Meeting-house in Worcester.

XjE it enacted hy the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :
Persons incoipo- Sec. 1. Johu Flaffff, Isaac Davis and Daniel

rated. .

Goddard, their associates and successors, are hereby
made a corporation, by the name of the Proprietors
of the Elm street Baptist Meeting-house in Wor-
cester, with all the powers and privileges, and sub-
ject to all the duties and liabilities incident to re-
ligious societies in this Commonwealth, with power

SUTTON MANUF. CO. April 9, 1836. 851

to hold real estate to the amount of twenty thou- t'^^^^<^-
sand dollars, and personal estate to the amount of
two thousand dollars, provided the same be appro-
priated exclusively to parochial })urposes.

Sec. 2. Said proprietors may assess upon the Assessment
pews in their meeting-house, according to a valua-
tion thereof, first to be agreed upon by them and re-
corded, such sums as shall be necessary for the sup-
port of public worship in said house and other pa-
rochial charges, and all such assessments may be
collected in the manner provided by the thirty-sec-
ond, thirty-third and thirty-fourth sections of the
twentieth chapter of the Revised Statutes, passed
the fourth day of November, in the year one thou-
sand eight hundred and thirty-five.

[Approved by the Governor, April 9, 1836.]

CHAP. CLXXV.

An Act to incorporate the Sutton Manufacturing
Company.

Be it enacted by the Senate and House of
Representatives, m General Court assembled, and by
the authority of the same, as follows :

Sec. 1. George B. Slater, George h. Ward- P^^rsons incorpo-
well and Benjamin Hoppin, their associates and
successors, are hereby made a manufacturing cor-
poration, by the name of the Sutton Manufactur-
ing Company, for the purpose of manufacturing,
bleaching and printing cotton , woollen and silk

852

Estate.

WILKINSON & PRATT'S WH. April 9, 1836.

fabrics, and making machinery in the town of Sut-
ton, in the county of Worcester ; and, for this pur-
pose, shall have all the powers and privileges, and
be subject to all the duties, restrictions and liabili-
ties set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes, passed on the
fourth day of November, in the year one thousand
eight hundred and thirty-five.

Sec. 2. The said corporation may hold, for the
purposes aforesaid, real estate to the amount of one
hundred and fifty thousand dollars, and the whole
capital stock of said corporation, shall not exceed
the amount of three hundred thousand dollars.

[Approved by the Governor, April 9, 1836.]

(JHAP. CLXXVI.

An Act to authorize the Proprietors of Wilkinson
and Pratt's Wharf to extend the same.

Boiuidaiies.

13 E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

The proprietors of the wharf, in the city of Bos-
ton, now called and known by the name of Wilkin-
son and Pratt's Wharf, are hereby authorized and
empowered to extend and maintain the said wharf
straight into the harbor channel, as far as to a line
drawn straight from the present northeasterly corner
of Lewis' Wharf, so called, to a point on the north-
erly end of said line, intersected by the southeasterly
line or side of Union Wharf, extended straight as far

ANDREWS FISHING CO. Jpril9, 1836. 853

as the proprietors of said Union Wharf are author-
ized to extend the same, by an act entitled " an act
to authorize the proprietors of Union Wharf to ex-
tend tlie same," passed on the twenty-seventh day
of February, in the year one thousand eight hundred
and twenty-nine ; and that the proprietors of the
said Wilkinson and Pratt's Wharf shall have and en-
joy the right and privilege of laying vessels at the
southerly side and at the end of their said wharf,
and receiving dockage and wharfage therefor : pro-
vided, that so much of said wharf as may be con-
structed in said channel, shall be built on piles : and wharf to be on

piles.

provided, that nothing herein contained shall be con-
strued to authorize the proprietors of said Will«n-
son and Pratt's Wharf to lessen or injure the rights
or property of the owner or owners of any wharf or
wharves adjoining said Wilkinson and Pratt's Wharf.

[Approved by the Governor, April 9, 1836.]

CHAP. CLXXVII.

An Act to incorporate the Andrews Fishing Compa-
ny in Harwich.

Be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows:

Sec. 1. Elijah Small, Obed Brooks, Alvan Wal- Persons incorpo.

•^ rated.

ker, their associates and successors, are hereby made
a corporation, by the name of the Andrews Fishing
Company in Harwich, for the purpose of making

854 ANDREWS FISHING CO. April 9, 1836.

the necessary improvements for the preservation and
taking of fish called alewives, in Andrews' river, in
said Harwich, and, for that purpose, shall have all
the powers and privileges, and be subject to all the
duties, restrictions and liabilities set forth in the
forty-fourth chapter of the Revised Statutes, passed
on the fourth day of November, in the year one
thousand eight hundred and thirty-five.
Penalties for lak- Sec. 2. If auv pcrsou, without the pcrmission

ing the fish with- .

out permission, of the corporatiou, shall take, catch, or haul on
shore, any of said fish in said river, or the pond
from which said river issues, or within one fourth of
a mile, in any direction, from the mouth of said
river, he shall forfeit and pay a fine not exceeding
five dollars for each offence, if the quantity so taken
be less than one barrel, but if the quantity be more
than one barrel, such person so offending shall forfeit
and pay for each barrel of fish so taken, five dollars,
for the use of said corporation, to be recovered in
any court proper to try the same, nor shall said cor-
poration haul on shore any fish within one fourth of
a mile from the mouth of said river, under the pen-
alty of twenty-five dollars for each offence.

Sec. 3. Said corporation may, at their own ex-
pense, make a free passage for said fish into the
mill-pond at the head of said river, for the space of
fifteen days, annually, in the month of April or May :
provided^ they do not injure the owner of the dam
now erected upon said river.

Sec. 4. If any damage shall be done bv said
corporation to the property of any individual, not a
member of the corporation, such individual shall be
entitled to reasonable damage therefor.

Sec. 5. All persons who now are, or shall here-
after be, owners of land adjoining said river, may

METII. EP. SOC, RANDOLPH. April9,U36. 855

become members of said corporation, subject, how-
ever, to pay their proportional part of the expenses
which shall have been incurred by said corpm'ation
before the time of their admission.

[Approved by the Governor, April 9, 1836.]

CHAP. CLXXVni.

An Act to change the name of the First Methodist
Episcopal Society in Randolph.

JjE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by
the authority of the same, as follows :

The First Methodist Episcopal Society in Ran-
dolph shall, hereafter, be called and known by the
name of the Second Baptist Society in Randolph,
and as such shall be entitled to all the rights and
privileges, and subject to all the duties and liabilities
of the said Methodist Episcopal Society.

[Approved by the Governor, April 9, 1836.1

856 DISTRICT OF MARSHPEE. April 9, 1836.

CHAP. CLXXIX.

An Act in addition to an Act to establish the Dis-
trict of Marshpee.

JSe it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. In addition to the officers which the dis-
trict of Marshpee now is empowered to elect at their
annual nieeting in said district, bj the act to which
this is an addition, there shall be chosen, in the same
manner as other district ofiicers are now chosen in
Field drivers, &c. Said district, two or more field drivers, two or more
fence viewers, and one or more pound keepers,
who shall be proprietors, and shall have all the pow-
ers, and be subject to all the liabilities and restric-
tions set forth in the nineteenth chapter of the Re-
vised Statutes, passed on the fourth day of Novem-
ber, in the year one thousand eight hundred and
thirty-five, so far as the same is consistent with the
provisions of the act establishing the district of
Marshpee.

Sec. 2. The proprietors of said district shall
have all the powers, and be subject to all the liabili-
ties in relation to erecting and maintaining pounds
in said district, which are set forth in the chapter of
the Revised Statutes above referred to.

[Approved by the Governor, April 9, 1836.]

BREWSTER HARBOR CO. April 9, 1836. 857

CHAP. CLXXX.

An Act to incorporate the Biewstei Harbor
Company.

J3E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authoiity of the same, asfolloios :

Sec. 1. Strabo Clark, Abraham Winslow, Fred- Persons incorpo-
erick Winslow, their associates and successors, are
hereby made a corporation, by the name of the
Brewster Harbor Company, for the purpose of widen-
ing, deepening and rendering navigable. Mill creek,
so called, in the town of Brewster, and for this pur-
pose shall have all the powers and privileges, and be
subject to all the duties, restrictions and liabilities
set forth in the forty-fourth chapter of the Revised
Statutes, passed on the fourth day of November, in
the year one thousand eight hundred and thirty-five.

Sec. 2. Said corporation may hold real estate to Estate.
the amount of five thousand dollars, and personal
estate to the amount of five thousand dollars ; and
may build a dam or dams across the said Mill creek, Dams.
thereby to raise a head of water, in the most eligible
and convenient place on said creek, to be let off at
low water for the purpose of clearing and deepening
the said creek and channel into Barnstable Bay :
provided, that said corporation shall, in no way, in-
terfere with any private rights, nor obstruct any town
road or public highway to or across said creek, nor
interrupt the passage of alewives up the same, nor
interfere with the present rights of individuals, or
108

a58 INDIA BANK. Ajrril 9, 1836.

the said town of Brewster, to take the said ale wives
upon the said creek.

[Approved by the Governor, April 9, 1836.]

CHAP. CLXXXL

An Act to establish the India Bank.

oE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Persons incorpo- g^,^^ j^ Alfred Richardson, Tliomas D. Bradlee
and Francis Watts, their associates and successors,
are hereby created a corporation, by the name of the
President, Directors and Company of the India
Bank, to be established in Boston, and shall so con-
tinue, until the first day of October, in the year one
thousand eight hundred and fifty-one, and shall be
entitled to all the powers and privileges, and subject
to all the duties, liabilities and requirements con-
tained in the thirty-sixth chapter of the Revised
Statutes, passed the fourth day of November, in
the year one thousand eight hundred and thirty-five.
Sec. 2. The stock of said company shall be trans-
ferable only at its banking house and in its books.

Amouniof Slock. Sec. 3. The Capital stock of said corporation
shall consist of one million dollars, to be divided
into shares of one hundred dollars each, to be paid
in such instalments, and at such times, as the stock-

vvhen to be paid holdcrs may direct : provided, the whole be paid in,
on or before the first day of January next.

[Approved by the Governor, April 9, 1836.]

TAUNTON COPPER M. CO. April 9, 1836. 859

CHAP. CLXXXII.

An Act to authorize the Taunton Copper Manufac-
turing Company to increase their Capital Stock.

oE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as folloivs :

The Taunton Copper Manufacturing Company are
hereby authorized to take and hold, for the purpose of
prosecuting the business of said corporation, real
estate to an amount not exceeding seventy-five thou- Estate.
sand dollars in value, and the whole capital stock of
said company shall not exceed the amount of two
hundred and fifty thousand dollars ; the said corpo-
ration to have all the powers and privileges, and be
subject to all the duties, restrictions and liabilities
set forth in the thirty-eighth and forty-fourth chap-
ters of the Revised Statutes, passed on the fourth
day of November, in the year one thousand eight
hundred and thirty-five.

[Approved by the Governor, April 9, 1836.]

860 BAPTIST MEETING-HOUSE. April 9, 1836.

CHAP. CLXXXHI.

An Act making the Pews in the Meeting-house of
the First Universalist Society in Roxbury. per-
sonal estate.

13 E it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the sarne, as follows:

The Pews in the Meeting-house of the First
Universalist Society in Roxbury shall hereafter be
deemed and taken to be personal estate ; and the
present proprietors shall hold the same under their
respective deeds; but the mode of future transfers
shall be determined by the by-laws of said corpora-
tion, and no conveyance shall be valid until the same
be entered on the records of the corporation.

[Approved by the Governor, April 9, 1836.]

CHAP. CLXXXIV.

An Act to incorporate the Proprietors of the Baptist
Meeting-house at the Upper Falls in Newton.

jjE it enacted by the Senate and House of
Representatives, in General Court assembled, and
by the authority of the same, as follows :
Persons incorpo- JesscWinslow, Isaac Kevcs and Ira M. Bulleus, their
associates and successors, are hereby made a corpora-

SARGENT'S WHARF. April 9, US6, ^61

tion, by the name of the Proprietors of the Bap-
tist Meeting-house at the Upper Falls in Newton,
with power to hold real and personal estate, to an ^.^j^jg
amount not exceeding ten thousand dollars : pro-
vided, the same be appropriated exclusively to paro-
chial purposes, which said property may be divided
and holden by said proprietors, in shares of not less
than thirty, nor more than one hundred dollars each.

[Approved by the Governor, April 9, 1836.]

CHAP. CLXXXV.

An Act to incorporate the Proprietors of Sargent's
Wharf in Boston.

13 E it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows :

Sec. 1. Daniel Sargent, Henry Sargent and Persons incorpo,

. . rated.

Lucius Manlius Sargent, their associates and suc-
cessors, are hereby made a corporation, by the name
of the Proprietors of Sargent's Wharf, with power
to purchase and hold, in fee simple or otherwise, all
or any part of that real estate situated at the north-
easterly part of Boston, and commonly known by
the name of Sargent's Wharf, bounded westerly upon Boundaries of
Ann street, northerly, in part, by a passageway, in
part by land of Daniel Ballard, and, in part, by land
or flats adjacent to the estate called Union Wharf,
easterly, by the sea, and southerly, in part, by land
or flats adjacent to the estate of Wilkinson and

862 SARGENT'S WHARF. ^jt7n7 9, 1 836.

Prattj in part by land of the same persons, and in
part by land of Joseph Urann to Ann street, with
all the privileges and appurtenances to the said pre-
mises belonging ; and the said corporation within the
limits aforesaid, may construct docks and wharves,
erect warehouses and buildings, and improve and
manage the said property as to them may seem ex-
pedient ; provided^ however, that nothing herein con-
tained, shall authorize the said corporation to in-
fringe upon the legal rights of any person.

Sec. 2. The said corporation may, at any legal
meeting, agree upon the number of shares, not ex-
ceeding two hundred, into which their stock shall
be divided, which shares shall be transferable in a
book to be kept by the clerk of the corporation for
Amount of stock, that purposc ; the corporation may, from time to
time, assess on the stockholders such sums of money,
not exceeding, in the whole, two hundred thousand
dollars, as may be necessary for the purchase, im-
provement and management of their said estate, and
shall have all the powers and privileges, and be
subject to all the liabilities and duties expressed and
contained in the forty-fourth chapter of the Revised
Statutes, passed on the fourth day of November, in
the year one thousand eight hundred and thirty-
five.

[Approved by the Governor, April 9, 1836.]

BOSTON & MILL. W. P. M. CO. April 9, 1836. 863

CHAP. CLXXXVL

An Act to incorporate the Boston and Millbury
Water Power and Manufacturing Company.

JjE it enacted by the Senate and House of Rep-
resentatives^ in General Court assernbled, and by the
authority of the same, asfolloivs :

Sec. L Asa H. Waters, William Tucker and ra~ '"'°'P''
Daniel Denny, their associates and successors, are
hereby made a manufacturing corporation, by the
name of the Boston and Millbury Steam Power and
Manufacturing Company, for the purpose of manu-
facturing woollen, and manufacturing and printing
cotton goods, and making paper, in the town of Mill-
bury, in the county of Worcester ; and for these
purposes shall have all the power and privileges, and
be subject to all the duties, restrictions and liabili-
ties set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes, passed on the
fourth day of November, in the year one thousand
eight hundred and thirty-five.

Sec. 2. The said corporation may hold, for the Estate.
purposes aforesaid, real estate to the amount of
seventy-five thousand dollars, and the whole capital
stock of said corporation shall not exceed the
amount of one hundred and fifty thousand dollars.

[Approved by the Governor, April 9, 1836.}

864 CHARLESTOWN B. R. R. CO. April 9, 1836.

CHAP. CLXXXVII.

An Act to establish the Charlestown Branch Rail-
road Company.

Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows:

Persons incorpo- Sec. 1. Hcnrj Jacjues, Abijah Goodridge and
Hamilton Davidson, their associates and successors,
are hereby made a corporation, by the name of the
Charlestown Branch Rail-road Company, with all
the powers and privileges, and subject to all the du-
ties, liabilities and provisions contained in that part
of the thirty -ninth chapter of the Revised Statutes,
passed November the fourth, in the year one thou-
♦ sand eight hundred and thirty-five, which relates to
rail-road corporations, and in the forty-fourth chapter
of said Revised Statutes. And the said corporation
is hereby authorized and empowered to locate, con-
struct, and finally complete a rail-road, the centre

Rouieofraii- \\y^q of which shall bc as follows, to wit: beginning

road. _ ' .

at Swett's Wharf in Charlestown, at a point not less
than ninety feet nor more than one hundred feet
from Water street; thence running westerly, about
parallel with Water street, nearly to Main street ;
thence, by a curve of about five hundred and fifty
feet radius, about two hundred and sixty-five feet,
nearly to Warren avenue ; thence, by a curve, (run-
ning between high water mark and low water mark,
so that said road shall pass south-westerly of the
solid part of the wharves of John Harris and Richard

CHARLESTOWN B. U. R. CO. Jpril 9, 1836. 865

Devens) to a point near tlie southerly corner of the
land or wharf" of the state prison ; thence running
north-westerly by a straight line, across the bay to
land of the McLean asylum, or the " Joy land," so
called ; and thence, by a curve of about six hundred
and forty feet radius, to a point on the Boston and
Lowell rail-road, near the " one mile post," so
called, in such manner and form as a majority of
said corporation, or of the directors thereof, shall
deem expedient. And the said corporation may
extend said rail-road easterly across said Swett's
wharf to the navy yard in Charlestown, or any part
of that distance, when and as a majority of said cor-
poration, or of the directors thereof, shall think
proper. Provided, that they shall first obtain the
consent thereto of the selectmen of the town of
Charlestown, and of the owners of the lands over
which said road, if so extended, would pass.

Sec. 2. The said corporation shall construct and Draw and piers.
maintain in their said rail- road, at the channel in the
bay northwesterly of the state prison, a draw of at
least twenty-seven feet in width, for the passing and
repassing of vessels and boats, and shall erect and
maintain on the south-westerly side of said rail-road,
on the north-westerly side of said draw, a pier to be
not less than one hundred and fifty feet in length ;
also, a pier on the north-easterly side of said rail-
road, on the south-easterly side of said draw, not
less than fifty feet in length, for the accommodation
of vessels and boats ; and each of said piers shall be
suitably planked from high water mark to low water
mark. And the said corporation shall keep the said
draw and piers in good repair, and shall raise or
open said draw, and af[brd all reasonable accommo-
dation to vessels and boats having occasion to pass
109

866 CHARLESTOWN 13. R. K. CO. April 9, 1836.

through the .same, by day or by night. And if any
Damases for dc- gut-ii vessclorboat shall be unreasonably detained

tenlioii, &c. •'

in passing said draw, by the negligence of said cor-
poration in constantly providing agents to discharge
faithfully the duties enjoined by this act, the owner,
commander, or person having the consignment of
such vessel or boat, may recover reasonable dama-
ges therefor, of said corporation, in an action on the
case before any court competent to try the same,
and the said corporation shall also raise their said
road at a point distant not more than one thousand
feet north-westerly from a point in the Prison point
bridge, distant forty-three feet south-westerly from
the Prison wharf, so that, at the higliest point of such
elevation, there shall be the same space, in the clear,
between the said rail-road and high water, as there
now is in the clear between the highest point in said
Room for the bridge and highwater. And said corporation shall

passage of boats. , ^ ^ r r r • ^

leave an open space, not less than iiiteen feet wide,
■ in the clear between the piles or abutments, for the
passage of boats under said elevated part of said road;
and shall also leave between said bridge and the
said elevated part of said rail-road, two other open
spaces for the passage of boats under and at right
angles with said road, each of which two last men-
tioned spaces shall be at least fifteen feet wide in
the clear between the piles or abutuients, and shall
be left open as aforesaid in such places between said
bridge and elevation, as shall be designated by the
superintendent or agent of the Middlesex canal,
who shall designate the same in writing, within
thirty days after the directors of said company shall
in writing request him to do so ; and the said cor-
poration may build the whole or any part or parts of

RoadiTiavbe ^ i , • i •, , i ii i

built solid, ex- said road solid or on piles, as they shall deem expe-

cept, &c. r 1 J r

CHARLESTOWN B. 11. R. CO. April 9, 1836. «67

dient, excej)t the parts thereof designated for any
draw or draws, and excepting that they shall build
on piles all that part of said road lying between a
point distant four hundred feet north-westerly from
said Prison point bridge, and a jjoint distant one
thousand feet north-westerly from said bridge, in-
cluding the three spaces herein required to be kept
open.

Sec. 3. The capital stock of said branch rail- Numijcrof
road company shall consist of not less than two
thousand shares, nor more than five thousand shares,
the numbers of which shall be determined from time
to time by said corporation, or by the directors
thereof; and no assessment shall be laid thereon of
a greater amount in the whole than one hundred
dollars on each share. And the said corporation
may purchase and hold such real estate, materials,
engines, cars, and other things, as may be necessary
for depots, for the use of said road, and for the
transportation of persons, goods and merchandize.
The capital stock of said corporation shall be two
thousand shares, until that number shall be increased
in the manner herein before provided. And if the
said two thousand shares shall not have been sub-
scribed for, and the corporation organized before the
first day of January in the year one thousand eight
hundred and thirty-seven, or if the location of said
road shall not be filed according to law, or if the Time or filing

• 1 111 1 I • 1 J locaUoii an.l

said company shall not complete the said road completion.
to the extent provided in the first section of this
act, on or before the first day of January in the year
one thousand eight hundred and thirty-eight, this act
shall be void.

Sec. 4. The respective proprietors and owners
of lands and wharves, which shall be crossed bv

868 CHAKLESTOWN B. K. K. CO. Jpril 9, 1836.

said rail-road, shall severally have the right to unite
any rail-road, or raii-roads which they respectively
may construct upon and over liieir own land and
wharves, with the rail-road of said company at their
own expense by turn tables or otherwise, as the di-
rectors shall deem most expedient, and at such
points as the said proprietors shall respectively
choose and designate, and said proprietors shall
keep the same always in good order, and so as not
to interrupt the free and safe passage of cars over
the main road of said company. The said main-
road shall be so constructed as easily to admit cars
and other vehicles from said lateral rail-roads ; and
the owners or conductors of said cars and vehicles
shall be liable to pay the same, and no other rates
of toll, and be subject to the same rules, regula-
tions and provisions, as the owners or conductors
of other cars and vehicles travelling upon said main
road.

Sec. 5. If the part of said rail-road, which shall
be built across the Morrill estate, so called, shall be
constructed on piles, there shall be made, and kept
in repair, by said company, on such part of said es-
tate as the warden of the state prison shall desig-
nate a draw, not less than twenty-eight feet in
width, for the safe and convenient passing of ves-
sels to and from the southeasterly wharf of said
prison ; and the said draw shall be opened in the
same manner and under the same penalties, as are
provided in the second section of this act concern-
ing the draw therein required.
Entry upon the Sec. 6. Thcsaid corporatlou are hereby author-

Lowell rail-road. . - • i i • • i i i -i i

ized to enter, with their said branch rail-road, on
that part of the Boston and Lowell rail-road, de-
signated in the first section of this act, and use the

CHARLESTOWN B. R. R. CO. April 9, 1836. 869

same, or any part thereof, paying therefor such a
rate of toll as the legishiture may from lime to time
prescribe, complying with such rules and regulations
as may be established by the Boston and Lowell
rail-road corporation, by virtue of the fifth section
of their act of incorporation. But the corporation
hereby created, shall enter the said Boston and
Lowell rail-road, by such proper turn-outs or
switches as will not unreasonably incommode the
travel upon the said Boston and Lowell rail-road,
and shall keep them in such a state as not to in-
terfere with the free and safe use of said road, and
shall pay all expenses incident to and in conse-
quence of any alterations necessary in said Boston
and Lowell rail-road, to enable them to enter upon
it in a proper manner.

Sec. 7. His excellency the governor, by and ^n^i°I'to"fhe^
with the advice and consent of the council, is here- state, &c.
by authorized to sell, exchange or otherwise dis-
pose of, to the said corporation, such part of the
land and flats owned by the Commonwealth, on the
southeasterly and northwesterly sides of Austin
street and of said Prison point bridge in Charles-
town, and lying without the walls and fences of
the state prison, in such manner, and upon such
terms as they may deem for the interest of the Com-
monwealth ; and also make such arrangements with
said corporation, concerning the building of said
branch rail-road, and the filling up of the flats in
and upon the land of the Commonwealth, as shall
be considered just and expedient. And said road
shall not be made until his excellency the governor,
bv and with the advice and consent of the council,
shall have approved of the location and proposed
mode of building that part of said road which may

870 FALL RIVER WHALING CO. April 9, 1836.

be constructed over the land and flats of the Com-
monwealth near the state prison.

Sec. 8. The act to establish the Charlestown
Branch Rail-road Corporation, passed on the fourth
day of April, in the year one thousand eight hun-
dred and thirty-five, is hereby repealed.

Sec. 9. The said Charlestown Branch Rail-road
Company, is hereby authorized to permit the Charles-
town wharf company, by their president, to subscribe
for any number of shares in the corporation here-
by created, the cost of which, including all assess-
ments which may be laid thereon, shall not be less
than twenty-five thousand dollars, nor more than
fifty thousand dollars. And the said Charlestown
wharf company, is hereby authorized to subscribe,
pay for, and hold the same, whenever a majority in
interest of the stock-holders in the last named com-
pany shall consent thereto.

[Approved by the Governor, April 9, 1836.]

CHAP. CLXXXVIII.

An Act to incorporate the Fall River Whaling Com-
pany.

JjE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows:
Persons incorpo- Sec. 1. John Eddy, Bradford Durfee and Ja-

rated. ...

son H. Archer, then* associates and successors, are
hereby made a corporation, by the name of the
Fall River Whaling Company, for the purpose of

FALL RIVER WHALING CO. April 9, 1836. 871

canning on the business of obtaining and manufac-
turing oil, and for this purpose shall have all the
powers and privileges, and be subject to all the du-
ties, restrictions and liabilities set forth in the forty-
fourth chapter of the Revised Statutes, passed on
the fourth day of November, in the year one thou-
sand eight hundred and thirty-five.

Sec. 2. The said corporation may hold, for the Estate.
purpose aforesaid, real estate in the town of Fall
River, not exceeding fifty thousand dollars in value,
and personal estate not exceeding six hundred thou-
sand dollars.

Sec. 3. The private property of the corporators private property
or stockholders for the time being, and of those who t*© be hoWcn "*
shall be stockholders at the» time when any debt shall
be contracted, shall be holden for the payment of
such debt, and may be taken therefor on any execu-
tion issued against the corporation for such debt in
the same manner as on executions issued against
them for their individual debts.

Sec. 4. Any stockholder who shall pay any debt
of the corporation, for which he is made liable by
this act, shall have the same remedies for the recov-
ery of the amount so paid, or any portion thereof,
as are provided in the thirty-second section of the
thirty-eighth chapter of said Revised Statutes.

Sec. 5. The provisions of the thirty-eighth
chapter of the Revised Statutes aforesaid, with the
exception of the thirty-second section thereof, shall
not be applicable to the corporation hereby created.

Sec. 6. Every certificate of shares in said com- certificate of
pany which shall be issued by the clerk of said cor-
poration shall contain, printed on the back thereof, a
copy of the provisions of the third section of this
act.

[Approved by the Governor, April 9, 1836.]

872 WORCESTER & NORWICH R. R. April 9, 1836.

CHAP. CLXXXIX.

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

Be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

The proviso of the first section of an act to in-
corporate the Boston Book and Paper Manufactur-
ing Company, passed on the twenty-seventh day of
March, in the year one thousand eight hundred and
thirty-three, which proviso is in the following words,
to wit. " Provided, however, that said company
shall not print or publish any book of less size than
duodecimo, nor any work in duodecimo, unless the
same shall contain at least two thousand printed
pages," is hereby repealed.

[Approved by the Governor, April 9, 1836.]

CHAP. CXC.

An Act to extend the time for the location and com-
pletion of the Worcester and Norwich Rail-road.

Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows :
Time of filing lo- That the time limited in the eleventh section of
pSn.^" ^°™' the act incorporating the Worcester and Norwich

WORCESTER & NORWICH R. R. Jpril9 1836. 873

Rail-road Company, for filing with the county conn-
missioners of the county wherein tlio same is loca-
ted, the location of their rail-road, be so extended as
to authorize said company to file their location as
aforesaid, on or before the first day of July, in the
year one thousand eight hundred and thirty-seven,
and that the time for the completion of said rail-
road be extended to the first day of July, in the year
one thousand eight hundred and thirty-nine, and if
said location be filed, and said rail-road be complet-
ed as aforesaid, said company shall continue to en-
joy unimpaired all the rights and privileges granted
by their charter. Provided, that the said corpora-
tion, in regard to the right of the Commonwealth
to purchase said rail-road, shall be subject to the
provisions of the eighty-fourth section of the thirty-
ninth chapter of the Revised Statutes, passed on
the fourth day of November, in the year one, thou-
sand eight hundred and thirty-five ; any thing con-
tained in the fifteenth section of their act of incor-
poration to the contrary notwithstanding.

[Approved by the Governor, April 9, 1836.]

110

874 BELLINGHAM STEAM E. CO. April 9, 1836.

CHAP. CXCI.

An Act to incorporate the Bellingham Steam En-
gine Company.

13 E it enacted by the Senate and House of Rep-
t'esentatives, in General Court assembled, and by the
authority of the same, as follows :

«ted!°^ '"*^°'^^° Sec. 1. Joseph Cotton, H. H. W. Sigourney,
Charles Hubbard, their associates and successors,
are hereby made a manufacturing corporation, by
the name of the Bellingham Steam Engine Compa-
ny, for the purpose of manufacturing and working
iron, steel and other metals, engines, boilers and
machinery, and using and improving the same, and
carrying on the business of the same, in the county
of Suffolk ; and, for these purposes, shall have all
the powers and privileges, and be subject to all the
duties, restrictions and liabilities set forth in the
thirty-eighth and forty-fourth chapters of the Revis-
ed Statutes, passed on the fourth day of November,
in the year one thousand eight hundred and thirty-
five.

^s'^^^' Sec 2. The said corporation may hold, for the

purposes aforesaid, real estate to the amount of for-
ty thousand dollars, and the whole capital stock of
said corporation shall not exceed the amount of one
hundred thousand dollars.

[Approved by the Governor, April 9, 1836.]

LANCASTER BANK. April 9, 1836 075

CHAP. CXCIL

An Act to establish the Lancaster Bank.

i3E it enacted hy the Senate and House of
Representatives, in General Court assembled, and hy
the authority of the same, as follows :

Sec. L Davis Whitman, Jacob Fisher, Jr. and f.^/r '"'°'^
Stephen P. Gardner, their associates and successors,
are hereby made a corporation, by the name of the
President Directors and Company of the Lancaster
Bank, to be established in the town of Lancaster,
and shall so continue until the first day of October,
in the year one thousand eight hundred and fifty-
one, and shall be entitled to all the powers and pri-
vileges, and subject to all the duties, liabilities and
requirements contained in the thirty-sixth chapter
of the Revised Statutes, passed the fourth day of
November, in the year one thousand eight hundred
and thirty-five.

Sec. 2. The stock of said bank shall be trans- Amoum of stock.
ferable only at its banking house and in its books.

Sec. 3. The capital stock of said corporation
shall consist of one hundred thousand dollars, to be
divided into shares of one hundred dollars each, to
be paid in such instalments, and at such times, as
the stockholders may direct : provided, the whole be whcmobe paid
paid in on or before the first day of January next.

[Approved by the Governor, April 9, 1836.]

876 ROCHESTER & FAIRHAVEN. April 9, 1836.

CHAP. CXCHI.

An Act to establish the dividing line between the
towns of Rochester and Fairhaven.

JJ E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. The following described line is hereby
established as the dividing line between the town
of Fairhaven in the county of Bristol, and the town
of Rochester, in the county of Plymouth, as fol-
lows : beginning at the Peaked Rock, so called, at
the county road, thence thirty-nine rods to a stone
Boundaries. monument set in the ground ; thence forty-two rods
to a stone monument the south-west corner of
Thompson and Lathrop's jiurchase ; thence east
three hundred rods to an old white pine tree marked
D. R., and a stone monument set by the side of said
tree ; thence seventeen hundred ninety-seven and a
half rods to a stone monument at Tripp's corner;
thence one hundred and seventy-four rods to a
stone monument by Sanders's land : thence six hun-
dred and fifty-eight rods to a stone monument at
Shaw's corner ; tlience south two degrees thirty
minutes west to a stone monument set in the beach
by the sea ; said monuments are marked on the west
by the letter F., and on the east by the letter R.

Sec. 2. The inhabitants, with the land and es-
tates on the west side of said line heretofore belong-
ing to Rochester, are hereby annexed and confirmed
to the said town of Fairhaven. Provided, neverthe-

SPRINGFIELD BANK. April 9, 1836. 877

less, that the said inhabitants and estates shall be

holden to pay all taxes which have legally been I'aymcm of taxes

r J n J already assessed.

assessed upon them by the said town of Rochester ;
and also their proportion of the county tax which
shall be assessed according to the valuation of said
territory thus set off until a new valuation is taken.

[Approved by the Governor, April 9, 1836.]

CHAP. CXCIV.

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

He it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, asfolluivs:

Sec. 1. The President, Directors and Company
of the Springfield Bank are hereby empowered to
increase their present capital stock, by an addition
of one hundred and fifty thousand dollars thereto, in
shares of eighty dollars each, which shall be paid in
such instalments and at such times as the president
and directors of said bank may direct and determine:
provided, however, that the whole amount shall be when to be paid
paid in on or before the first day of October next.

ISec. 2. The additional stock aforesaid shall be
subject to the like tax, regulations, restrictions and
provisions to which the present capital of said cor-
poration is now subject.

Sec. 3. Before said corporation shall proceed to certificate.
do business upon the said additional capital, a certi-
ficate, signed by the president and directors, and

878 NANTUCKET OYSTER CO. April 9, 1836.

attested by the cashier, that the same has been
actually paid into the bank, shall be returned into
the office of the secretary of this Commonwealth.

[Approved by the Governor, April 9, 1836.]

CHAP. CXCV.

An Act to establish the Nantucket Oyster Company.

j3E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows:

J*^««°°s i°«oTo- Sec. 1. George B. Upton, Frederick W. Mitch-
ell and Philip H. Folger, their associates and suc-
cessors, are made a corporation, by the name of the
Nantucket Oyster Company, for the purpose of
planting, propagating and digging oysters, in and
from Capam and Sesacache Ponds, in the island of
Nantucket, and, for that purpose, shall have all the
powers and privileges, and be subject to all the du-
ties, restrictions and liabilities set forth and contained
in the forty-fourth chapter of the Revised Statutes,
passed on the fourth day of November, in the year
one thousand eight hundred and thirty-five.

Sec. 2. The said corporation shall have the ex-
clusive use of the ponds aforesaid, for the purpose of
planting, propagating and digging oysters, for the

Penalty for tak- term of tweutv vcars I and if any person shall dis

ing oysters with- .. -ii iir

out leave. for, m said ponds, or take therefrom, any oystprs,

during the term aforesaid, without leave of said cor-
poration, he shall forfeit and pay a fine, not exceed-

WARREN BANK. April 9, 1836. 879

ing five dollars for each offence, to the use of the
complainant, to be recovered in any court proper to
try the same.

Sec. 3. Said corporation may hold personal
property to an amount not exceeding five thousand
dollars.

[Approved by the Governor, April 9, 1836.]

CHAP. CXCVI.

An Act to establish the Warren Bank.

jSE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. Edward D. Peters, John L. Dimmock Persons incorp -

rated.

and Aaron Rice, their associates and successors, are
hereby made a corporation, by the name of the ,

President, Directors and Company of the Warren
Bank, to be established in the city of Boston, and
shall so continue until the first day of October, in
the year one thousand eight hundred and fifty-one,
and shall be entitled to all the powers and privileges,
and subject to all the duties, liabilities and require-
ments contained in the thirty-sixth chapter of the
Revised Statutes, passed the fourth day of No-
vember, in the year one thousand eight hundred and
thirty-five.

Sec. 2. The stock in said bank shall be trans-
ferable only at its banking house and in its books.

Sec. 3. The capital stock of said corporation Amount of siock.
shall consist of five hundred thousand dollars, to be

880 BLACKSTONE BANK BOSTON. April 9, 1836.

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

When to be paid "^ i r t

in- in on or before the first day of January next.

[Approved by the Governor, April 9, 1836.]

CHAP. CXCVII.

An Act to establish the Blackstone Bank in the city
of Boston.

13 E it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as folloivs :

Sr '"'°''^'" Sec. 1. Ebenezer Smith, Samuel E. Bobbins and
John Liscomb, their associates and successors, are
hereby created a corporation, by the name of the
President, Directors and Company of the Blackstone
Bank, in the city of Boston, and shall so continue,
until the first day of October, in the year one thou-
sand eight hundred and fifty-one, and shall be enti-
tled to all the privileges and powers, and subject to
all the duties, liabilities and requirements contained
in the thirty-sixth chapter of the Revised Statutes,
passed the fourth day of November, in the year
one thousand eight hundred and thirty-five.

Sec. 2. The stock in said bank shall be trans-
ferable only at its banking house and in its books.

Amount of slock. Sec. 3. The capital stock of said corporation,
shall consist of five hundred thousand dollars, to be
divided into shares of one hundred dollars each, to
be paid in such instalments, and at such times as

ALRWIVE FISH. WEYMOUTR. April 9, 1836. 881

the stockholders may direct : provided, the whole be when to be paid
paid in, before the first day of January next.

[Approved by the Governor, April 9, 1836.]

CHAP. CXCVIII.

An Act further regulating the Alewive Fishery in
Weymouth.

15 E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

The right of taking the fish called alewives, in the
town of Weymouth, and which right is now limited,
by an act passed March the seventh, in the year
one thousand eight hundred and one, to Mondays,
Wednesdays and Fridays, shall hereafter, under the
limitations and restrictions of the said act, be ex-
tended to Saturdays also.

[Approved by the Governor, April 9, 1836.]

Ill

882 N. HAVEN & N. HAMP. CO. Jjpril 9, 1836.

CHAP. CXCIX.

An Act to incorporate the New Haven and North-
ampton Company.

Preamble.: Whereas, the Hampshire and Hampden Canal

Company, and the president, directors and company
of the Farmington Canal, incorporated by the state
of Connecticut, having been associated and connect-
ed for the purpose of constructing a canal from New
Haven to Northampton, have become deeply insol-
vent, and unable to sustain their canal, or meet the
demands of their creditors ; and whereas, with a
view to putting and keeping said canal in repair, and
securing, as far as possible, the interests both of
stockholders and creditors, it has been proposed
that the said companies should transfer their rights,
privileges and powers to a new company, to be in-
corporated for that purpose, until the objects of such
transfer shall have been fully accomplished :

j3E it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the saine, as follows:

Persons incorpo- Sec. 1. Sauiucl Hiucklcy, Samucl St. John and
Justus Harrison, their associates and successors, are
hereby made a corporation, by the name of the New
Haven and Northampton Company.

Terms upon S£(-^ 2. The compauv hereby created may re-

wnich the compa- i j ^ ^ j

ny may receive a celvc from the said Hampshire and Hampden Canal

conveyance ot *■ ^

&coUhe'tvvo Company, and from the said Farmington Canal

canal companies.

N. HAVEN & N. H AMP. CO. April 9, 1 836. 883

Company, a conveyance of all the franchises, rights,
powers and privileges of said companies, and thence-
forth hold, exercise and enjoy the same, within the
respective limits of those companies, in as full and
ample a manner to all intents and purposes as the
same have been heretofore held, exercised and en-
joyed by the said corporations respectively, upon the
terms and conditions following, viz : 1. The capi-
tal stock of the company hereby created shall not
exceed the sum of three hundred thousand dollars,
to be divided into shares of twenty-five dollars each,
of which five thousand four hundred shares, or one
hundred and thirty-five thousand dollars shall be
subscribed to be paid in cash. 2. Creditors of the
Hampshire and Hampden Canal Company, and
creditors of the Farmington Canal Company, and all
persons having claims against said companies respec-
tively may, within six months from the organization
of the company hereby created, subscribe the amount
of their claims, the same being first liquidated, to
the stock of this company, upon such terms as this
company may prescribe. 3. Within ninety days Same subject.
from the organization of this company, public notice
shall be given by the same, in some newspaper
printed at Westfield, in the county of Hampden, and
in some newspaper printed at Northampton, in the
county of Hampshire, that the company being or-
ganized, books are opened at some convenient place
in each of those counties to receive subscriptions
from creditors, and, upon the actual transfer of the
claims of such creditors, certificates shall be issued
by the company of the stock thus subscribed for.
4. The company hereby created, from and after
the organization thereof, and the conveyance of the
franchises of said Hampshire and Hampden Ca-

884 N. HAVEN & N. HAMP. CO. April 9, 1836.

nal Company and the Farmington Canal Company,
shall be held to construct bridges, keep the canal in
repair, and be subject to all future damages and lia-
bilities, in the same manner and to the same extent,
the said companies respectively would have been
liable, had no such conveyance been made. 5. The
company hereby created shall keep an accurate ac-
count of all moneys subscribed and paid, all claims
assigned, and all moneys expended in taking posses-
sion of the canal, and managing and keeping it in
repair, and of all their receipts and disbursements of
every nature, which account shall be examined and
audited in the month of December annually, at the
expense of this company, by two commissioners to
be appointed for that purpose, one by the governor
of this Commonwealth, and the other by the gover-
same subject, uor of the State of Counccticut. 6. Whenever the
said Hampshire and Hampden Canal Company and
the Farmington Canal Company shall pay to the
company hereby created, the full amount of all their
debts assigned to it, and all such sums of money as
this company may expend upon said canal, with
interest on said debts and money expended, together
with all expenses which may in any way arise, or be
incurred by this company, in consequence of taking
possession of said canal, superintending and manag-
ing the same, after deducting therefrom the income
of said canal, then all the rights of this company
shall cease, and all the right and title conveyed to it
by the Hampshire and Hampden Canal Company
and the Farmington Canal Company be restored and
revested in those companies. And whereas, said
Samuel Hinckley and others, in contemplation of an
act of incorporation, have subscribed said sura of one
hundred and thirty-five thousand dollars, payable in

N. HAVEN & N. HAMP. CO. April 9, 1836. 886

cash to John Fitch, Esquire, part whereof is already
paid, and most of the creditors of the Hampshire
and Hampden Canal Company and the Farmington
Canal Company respectively have subscribed the
amount of their claims, and transferred their securi-
ties to said Fitch, in trust to hold, assign and deliver
over the same to this company, when incorporated,
upon the terms provided therefor :

Sec. 3. Whenever said Fitch shall assign and
deliver over to the company hereby created the sub-
scription moneys, debts and securities so made, paid
and transferred to him as aforesaid, the said cash
subscription shall be received and considered by this
company as the subscription of one hundred and
thirty-five thousand dollars herein before required,
and such subscription of claims as also made under
the provisions of this act, and each subscriber, enti-
tled, upon the terms prescribed by this company, to
one share, shall be considered a member thereof.

Sec. 4. The instalments upon that part of the cash instalments,
stock subscription payable in cash may be called for ^ ^"^'^^^
at such times as this company, or the directors
thereof, may appoint, and any subscriber who, after
thirty days previous notice in some newspaper print-
ed at New Haven, and in some newspaper printed
in Northampton, that an instalment is ordered, shall
delay for the term of ten days to pay such instal-
ment to the treasurer of this corporation, shall forfeit
to the company the whole of his stock, upon which
such instalment is due ; but no person subscribing
to the stock of this company shall in any event be
liable to pay more than the amount of his subscrip-
tion.

Sec. 5. Each share in the stock of this corpora-
tion shall entitle its holder to one vote, and each

886 N. HAVEN & N. HAMP. CO. April 9, 1836.

stockholder shall be allowed to act at all meetings
of the corporation by attorney, and to transfer his
shares in such manner as the company by its by-laws
may direct.
When this corpo- Sec. 6. Whcnevcr the cash subscription of stock.

ration may be or- , ,, i i i i i • /^ i j

ganized. shall amount to one hundred and thirty-five thousand

dollars, either by the transfer contemplated by the
third section of this act or otherwise, the corporation
hereby created may be organized, and thencefor-
ward, upon the franchises of the Hampshire and
Hampden Canal Company and the Farmington Ca-
nal Company being conveyed to this company, as
authorized by the second section of this act, all pen-
alties incurred, whether before or after, under the
act establishing the Hampshire and Hampden Canal
Company, and, with the assent of the state of Con-
necticut, under the act establishing the Farmington
Canal Company, shall enure to the benefit of this
company : provided, however, that all actions, com-
plaints and processes, then pending, or commenced
within sixty days from the passing of this act,
against either of said corporations, may be proceed-
ed in, as if this act had not been passed.

[Approved by the Governor, April 9, 1836.]

NEWBURYPORT BANK. April 9, ISS6, 887

CHAP. CC.

An Act to establish the Newburyport Bank.

13 E it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows :

Sec. 1. Enoch S. Williams, John Bradbury persons incorpo-
and Samuel T. Deford, their associates and success-
ors, are hereby made a corporation, by the name of
the President, Directors and Company of the New-
buryport Bank, to be established in the town of
Newburyport, and shall so continue until the first
day of October, in the year 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 contained in the thirty-
sixth chapter of the Revised Statutes, passed the
fourth day of November, in the year one thousand
eight hundred and thirty-five.

Sec. 2. The stock in said bank shall be trans-
ferable only at its banking house and in its books.

Sec. 3. The capital stock of said corporation Amount of stock,
shall consist of one hundred thousand dollars, to be
divided into shares of fifty dollars each, to be paid
in such instalments, and at such times, as the stock
holders may direct: provided, the whole be paid in >vhen to be paid
on or before the first day of January next.

[Approved by the Governor, April 9, 1836.]

888 AGRICULTURAL BANK. April 9, 1836.

CHAP. CCL

An Act to increase the Capital Stock of the Agri-
cultural Bank.

13 E it enacted by the Senate and House of
Representatives, in General Court assembled, and
by the authority of the same, as follows :

Sec. \. The President, Directors and Company
of the Agricultural Bank are hereby authorized and
empowered to increase their capital stock by an ad-
dition of fifty thousand dollars thereto, in shares of
one hundred dollars each, which shall be paid in
such instalments, and at such times, as the presi-
dent and directors of said bank may direct and de-

Whentobe paid tcrmiuc : jjrovided, the whole shall be paid in on or
before the tenth day of October next.

Sec. 2. The additional stock aforesaid shall be
subject to the like tax, regulations, restrictions and
provisions to which the present capital stock of said
corporation is now subject.

c rtificaie ^^^* ^' ^^^orc the Said corporation shall pro-

ceed 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, April 9, 1836.]

CHICOPEE BANK. Jpril 9, 1836. 889

CHAP. ecu.

An Act to establish the Chicopee Bank.

JdE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. Elisha Edwards, William Bryant, Al- Persons incorpo-
bert Morgan, their associates and successors, are
hereby created a corporation, by the name of the
President, Directors and Company of the Chicopee
Bank, to be established in Springfield, and shall so
continue, until the first day of October, in the year
one thousand eight hundred and fifty-one, and shall
be entitled to all the powers and privileges, and sub-
ject to all the duties, liabilities and requirements
contained in the thirty-sixth chapter of the Revised
Statutes, passed on the fourth day of November, in
the year one thousand eight hundred and thirty-five.

Sec. 2. The stock in said bank shall be trans-
ferable, only at its banking house and in its books.

Sec. 3. The capital stock of said corporation Amount of stock.
shall consist of two hundred thousand dollars, to be
divided into shares of one hundred dollars each, to
be paid in such instalments, and at such times, as
the stockholders may direct: provided, the whole when to be paid
be paid in, on or before the first day of January
next.

[Approved by the Governor, April 9, 1836.]
112

890

SHOE & LEA. DEAL'S BANK. Jpril 9, 1836.

CHAP. CCIII.

An Act to establish the Shoe and Leather Dealers'

Bank.

JjE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :
Persons incorpo- Sec. L Cheevei Newhall, James Cheever and

rated. , . ^ '

Josiah M. Jones, their associates and successors, are
herebj made a corporation, by the name of the Pres-
ident, Directors and Company of the Shoe and
Leather Dealers' Bank, to be established in Boston,
and shall so continue until the first day of October,
in the year one thousand eight hundred and fifty-
one, and shall be entitled to all the powers and priv-
ileges, and subject to all the duties, liabilities and
requirements contained in the thirtj-sixth chapter of
the Revised Statutes, passed the fourth day of No-
vember, in the year one thousand eight hundred and
thirty-five.

Sec. 2. The stock in said bank shall be trans-
ferable only at its banking house and in its books.

Amount of stock. Sec. 3. The Capital stock of said corporation
shall consist of five hundred thousand dollars, to be
divided into shares of one hundred dollars each, to
be paid in such instalments, and at such times, as

When to be paid the Stockholders may direct '.provided, the whole be
paid in on or before the first day of January next.

[Approved by the Governor, April 9, 1836.]

WOR. &NOR. & BOS. R. R. CO. April 10, 1836. 891

CHAP. CCIV.

An Act to unite the Worcester and Norwich, and
the Boston, Norwich and New London Rail-
road Companies.

Be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. From and after the time when this act Union of the two

compSLnies.

shall take effect, the stockholders of the Boston,
Norwich, and New London Rail-road Company, a
corporation incorporated by the legislature of the
state of Connecticut, in the year one thousand eight
hundred and thirty-two, be, and they hereby are
constituted stockholders of the Worcester and Nor-
wich Rail-road Company, a corporation incorporat-
ed by the legislature of the state of Massachusetts,
by an act passed March fifteenth, in the year one
thousand eight hundred and thirty-three, with the
same powers, rights, privileges and franchises, as if
they had subscribed an equal amount of stock, in
said Worcester and Norwich Rail-road Company.
And all the tolls, franchises, rights, powers, privi-
leges and property, then or at any time thereafter
owned, acquired or enjoyed, by the stockholders of
said Worcester and Norwich Rail-road Company,
shall belong to the stockholders of said Boston, Nor-
wich and New London Rail-road Company, in pro-
portion to the number of shares by each of them
owned. And from and after the time when this act
shall take effect, all property, owned, acquired or

892

WOR. &NOR. & BOS. R. R. CO. April 10, 1836-

Meeting^s of
stockholders.

Attachment of
shaies.

Separate ac-
counts of ex-
penses arising'
m the two states.

enjoyed, by either of said corporations, shall be
taken to be the joint property of the stockholders
for the time being, of said two corporations.

Sec. 2. From and after the time when this act
shall take effect, at all meetings of the stockholders
of said Worcester and Norwich Rail-road Company,
the stockholders of said Boston, Norwich, and New
London Rail-road Company, shall be entitled to the
same notice, and shall enjoy the same right of vot-
ing, as if they had originally been stockholders of
said Worcester and Norwich Rail-road Company.
All meetings which shall be warned, and held by
said original and associated stockholders, pursuant
to the by-laws which shall be by them established,
shall be legal and valid, and all officers chosen at
any such meeting, shall be officers of said Worces-
ter and Norwich Rail-road Company : provided^
ahvays, that there shall be one officer in each state
who is an inhabitant thereof, on whom process
against said corporation may be served, and that the
books and registry of one corporation shall be taken
to be the books and registry of the other corpora-
tion.

Sec. 3. The shares of any stockholder in said
company shall be liable to attachment and execution
in the state where such stockholder, at the time of
such attachment or execution, shall reside or inhabit:
provided, always, that a true and attested copy of
such attachment or execution, shall be left at the
time of service, by the officer serving the same, with
the clerk or any director of said corporation, or at
his usual place of abode, in the state where such
attachment or execution shall be served.

Sec. 4. The said corporation shall keep separate
accounts of the expenses which have arisen, and

WOR. & NOR. & BOS. R. R. CO. April 10, 1836. 893

which shall arise in the construction of the portions
of said rail-road, situated in the states of Massachu-
setts and Connecticut respectively, and of all the
expenses which would properly have appertained
and belonged to the respective corporations if this
act had not been passed, until said rail-road, from
Norwich to its termination in this state, shall have
been completed. And there shall be annually ap-
pointed two commissioners, whose duty it shall be
to ascertain, what proportion of the expenditures on
said rail-road, and of the other expenses attending
its construction and maintenance, also what propor-
tion of the receipts and profits of said rail-road, shall
properly appertain and belong to the portions of said
rail-road, situated in said two states. And the an-
nual report, which shall be made to the legislature
of this state, in pursuance of the laws of this state
relating thereto, shall be approved by said commis-
sioners. And the governor of each of said states
shall appoint one commissioner, who shall jointly
execute the duties prescribed by this act, and who
shall receive from said corporation a reasonable
compensation for their services.

Sec. 5. This act shall not take effect until the
legislature of the state of Connecticut shall have
passed a similar act, uniting said two corporations,
nor until the same shall have been accepted by the
stockholders of each of said corporations, in meet-
ings called for that purpose.

Sec. 6. The said corporation, so far as their
road is situated in this state, when united by virtue
of the provisions of this act, shall be subject to the
general laws of this state, to the same extent as the
said Worcester and Norwich Rail-road Company,
would have been if this act had not been passed.

894 ORLEANS FISHING CO. April 11, 1836.

Sec. 7. After said corporations shall be united,
according to the provisions of this act, they shall be
one corporation, by the name of the Norwich and
Worcester Rail-road Company.

[Approved by the Governor, April 10, 1836.]

CHAP. CCV.

An Act to incorporate the Orleans Fishing Company.

Jl>E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows:

Persons incorpo- Sec. 1. Nathan Rogers, James Higgins, Sam-
rated. _ . . ofe '

uel Eldridge, their associates and successors, are
made a corporation, by the name of the Orleans Fish-
ing Company in Orleans, and are empowered to
open the brook running from Hesters Pond, so called,
to Pleasant Bay in said Orleans, so far as is neces-
sary for the purpose of an alewive fishery, and to
regulate the same, and, for this purpose, shall have
all the powers and privileges, and be subject to all
the duties, restrictions and liabilities contained in
the forty-fourth chapter of the Revised Statutes,
passed on the fourth day of November, one thousand
eight hundred and thirty-five.

b^"^fisrwhh?t ^^^* ^* If any person without the permission of

permission. the Corporation shall take, catch or haul on shore

any alewives, in said brook or pond, or within one

eighth of a mile in any direction from the mouth of

said brook, he shall forfeit and pay for the use of

ORLEANS FISHING CO. April 11,1 836. 895

said corporation a sum not exceeding two dollars, if
the quantity so taken be less than one barrel ; but if
the quantity taken be more than one barrel, the per-
son so offending shall forfeit and pay for each barrel
of fish so taken, five dollars, to be recovered in any
court proper to try the same.

Sec. 3. If any damage shall be done by said
corporation to the property of any individual not a
member of the corporation, such individual shall be
entitled to reasonable damage.

Sec. 4. All persons who now are or shall here- owners of adja-
after be owners of land adjoining said brook, may *^^°
become members of said corporation, subject, how-
ever, to pay their proportional part of the expenses
which shall have been incurred by said corporation
before the time of their admission.

Sec. 5. Any member of this corporation who
shall take or catch, by seine or otherwise, any ale-
wives within the limits mentioned in the second
section of this act, except in the brook and pond
aforesaid, shall incur the penalty provided for in said
section, to be recovered in the manner therein set
forth.

[Approved by the Governor, April 11, 1836.]

896 CULTURE OF SILK. Jpril 11, 1836.

CHAP. CCVL

An Act for the encouragement of the Culture of

Silk.

13 E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, asfolloius:

Bounty. Sec. 1. There shall be allowed and paid out of

the treasury of the Commonwealth, for every ten
pounds weight of cocoons of silk, the produce of silk
worms raised within this Commonwealth, the sum
of one dollar, and in the same proportion, for any
larger quantity of cocoons, to be paid to the owner
of such worms, or his legal representatives.

Sec. 2. There shall be allowed and paid out of
the treasury of the Commonwealth, to every person
who shall reel, or cause to be reeled, and to every
person who shall throw or cause to be thrown in this
Commonwealth, from cocoons produced from silk
worms, raised in this Commonwealth, a merchanta-
ble silk capable of being manufactured into the vari-
ous silk fabrics, or to the legal representatives of
such person, one dollar for every pound of silk so
reeled and thrown, and fifty cents for every pound
of silk reeled without being thrown.

Certificate. Sec. 3. When satisfactory evidence by the oath

of the party, or otherwise, shall be exhibited to the-
selectmen of any town in this Commonwealth, that
any person being an inhabitant of such town, is en-
titled to claim the bounty or bounties, provided for
in the first and second sections of this act, they shall

CULTURE OF SILK. April 11, 1836. 897

give a certificate thereof, in writing under their
hands, stating the quantity of cocoons produced, or
of silk reeled or thrown conformably to the provis-
ions of said sections, and that such claimant is enti-
tled to the bounty or bounties therein allowed ; and
when such certificate shall have been filed in the
office of the secretary of the Commonwealth, the
governor, with advic(; of the council, is hereby
authorized to draw his warrant on the treasurer
therefor.

Sec. 4. If any person shall claim a bounty more Penalty for ob-

I r 1 • 1 1 IT taining bounty

than once tor the same cocoons, or silk so reeled or through fraud,
thrown, or obtain any bounty under this act, through
fraud or deception, such person shall forfeit to the
use of the Commonwealth, a sum not more than one
hundred dollars, in addition to the amount of any
bounty he may have received, to be recovered by
indictment, in any court proper to try the same.

Sec. 5. This act shall take effect in thirty days. Duration of the

. . , . . operation of this

from the time of passing the same, and continue in act, &c.
force, during the term of seven years from the time
of its going into operation, and an act entitled, "An
Act to encourage the reeling and throwing of silk,"
passed the seventh day of April, in the year one
thousand eight hundred and thirty-five, be and the
same hereby is repealed ; but nothing herein contain-
ed -shall affect the right of any person, entitled to
any premium under the said act.

Sec. 6. The provisions of this act shall not ap-
ply to bodies politic and corporate.

[Approved by the Governor, April II, 1836.]

113

898 NEEDHAM HAT, FACTORY. April 12, 1836.

CHAP. CCVH.

An Act to incorporate the "Needham Hat Factory."

JL)E it enacted by the Senate and House of Rep-
resentatives ^ in General Court assembled, and by the
authority of the same, as follows :

Persons ;incorpo- Sec. 1. Comelius Hcrscy, Lemuel Lyon, 2d,
and William Ingalls, their associates and successors,
are hereby made a manufacturing corporation, by
the name of the Needham Hat Factory, for the pur-
pose of manufacturing hats, in the town of Needham,
in the county of Norfolk ; and for this purpose shall
have all the powers and privileges, and be subject to
all the duties, restrictions and liabilities set forth in
the thirty-eighth and forty-fourth chapters of the
Revised Statutes, passed on the fourth day of No-
vember, in the year one thousand eight hundred and
thirty-five.

Estate. Sec. 2. The said corporation may hold, for the

purposes aforesaid, real estate to the amount of ten
thousand dollars, and the whole capital stock of said
corporation shall not exceed the amount of thirty
thousand dollars.

[Approved by the Governor, April 12, 1836.]

INSURANCE COMPANIES. April 12, 1836. 899

CHAP. CCVIII.

An Act relating to Insurance Companies.

Be it enacted by the Senate and House of
Representatives, in General Court assembled, arid by
the authority of the same, as follows:

Insurance companies now incorporated, or that
may hereafter be incorporated in this state, in addi-
tion to the provisions contained in the thirty-seventh
chapter of the Revised Statutes, passed on the fourth
day of November, in the year one thousand eight
hundred and thirty-five, are hereby authorized to Manner in which

, r I • • 1 • 1 1 /■ capital may be

invest such part oi their capital, in the stock or any invested.
corporation established in this state, whose corporate
property consists entirely of real estate, or in the
funded debt of any city or town in this state, as may
be most for the interest of said companies, at the
discretion of the president and directors thereof, or
of such other person or persons as said companies
shall for such purpose at any meeting appoint.

[Approved by the Governor, April 12, 1836.]

900 HARTF. & DEDHAM TURNP. April 12, 1836.

CHAP. CCIX.

An Act relating to the Hartford and Dedham Turn-
pike Corporation.

x3E it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows :
Place where toll Sec. 1. Tlie Hartford and Dedham Turnpike

may be taken.

Corporation may keep a toll-gate at or near Breck*s
Corner, in the town of Mediield, and may take toll
at the same, at the rate named in their act of incor-
poration, in the same manner as they might have
done, if the gate had been originally located at that
place.
In case of future Sec. 2. In any future suit, contract, judgment

suit, &.C. . , II- r I •

or execution at law, the domgs or the corporation
are so far confirmed, as that said corporation shall
suffer no loss, damage or impediment, in conse-
quence of any misapprehension respecting the loca-
tion of said gate.

[Approved by the Governor, April 12, 1836.]

ROXBURY SILK FACTORY. April 12, 1836. 901

CHAP. CCX.

An Act to incorporate the Roxbury Silk Factory.

13 E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. Caleb Parker, Edwin Lemist and Wil- fa'^ '°'°'^°'
Ham Dow, their associates and successors, are hereby
made a manufacturing corporation, by the naaie of
the Roxbury Silk Factory, for the purpose of man-
ufacturing silk fabrics, in the town of Roxbury, in
the county of Norfolk ; and for this purpose shall
have all the powers and privileges, and be subject
to all the duties, restrictions and liabilities set forth
in the thirty-eighth and forty-fourth chapters of the
Revised Statutes, passed on the fourth day of No-
vember, in the year one thousand eight hundred and
thirty-five.

Sec. 2. The said corporation may hold, for the Estate.
purposes aforesaid, real estate to the amount of thir-
ty thousand dollars, and the whole capital stock of
said corporation shall not exceed the amount of one
hundred thousand dollars.

[Approved by the Governor, April 12, 1836.]

902 WEST BROOK COMPANY. April 12, 1836.

CHAP. CCXI.

An Act to incorporate the "West Brook Company."

Be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows:

Persons incorpo- Sec. 1. Chester Morton, Edward R. Smith and
Benjamin Sikes, Jr., their associates and successors,
are hereby made a manufacturing corporation, by
the name of the " West Brook Company," for the
purpose of manufacturing woollen goods in the town
of Whately, in the county of Franklin ; and for this
purpose shall have all the powers and privileges,
and be subject to all the duties, restrictions and lia-
bilities set forth in the thirty-eighth and forty-
fourth chapters of the Revised Statutes, passed on
the fourth day of November, in the year one thou-
sand eight hundred and thirty-five.

Estate. Sec. 2. The said corporation may hold, for the

purposes aforesaid, real estate to the amount of
twenty thousand dollars, and the whole capital stock
of said corporation shall not exceed the amount of
fifty thousand dollars.

[Approved by the Governor, April 12, 1836.]

MIDDLING INTEREST BANK. April 13, 1836. 903

CHAP. CCXII.

An Act to establish the Middling Interest Bank.

J3E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. Samuel Prince, William C. Perkins and Persons incorpo-
John Smith, their associates and successors, are
hereby created a corporation, by the name of the
President, Directors and Company of the Middling
Interest Bank, to be established in the city of Bos-
ton, and located in Commercial street, at or near
the Winnesimmit Ferry, and within one hundred
rods of the northerly termination of Hanover street,
and shall so continue until the first day of October,
in the year one thousand eight hundred and fity-
one, and shall be entitled to all the powers and
privileges, and subject to all the duties, liabilities
and requirements contained in the thirty-sixth
chapter of the Revised Statutes, passed the fourth
day of November, in the year one thousand eight
hundred and thirty-five.

Sec. 2. The stock of said corporation shall be
transferable only at its banking house and in its
books.

Sec. 3. The capital stock of said corporation Amount of stock.
shall consist of one hundred and fifty thousand dol-
lars, to be divided into shares of one hundred dol-
lars each, to be paid in such instalments and at such
fimes as the stockholders may direct: provided, the when to be paid
whole be paid on or before the first day of January
next.

904 PIGEON COVE HARBOR CO. April 13, 1836.

Sec. 4. A majority of the directors shall be res-
idents north of Richmond street in said Boston.

[Approved by the Governor, April 13, 1836.]

CHAP, ccxnr.

An Act in addition to an act to incorporate the
Pigeon Cove Harbor Company.

XjE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

The proceedings of the Pigeon Cove Harbor

Company, in creating new or additional shares in

their capital stock, are hereby confirmed and made

Number of stock- Valid. But fouT fifths of all the votes to which the

holders necessa- i i i i • i i i ii i

ry for certain stockliolclers are entitled shall be necessary, at any

purposes. • ii i r i i

meetnig called lor the purpose to lay assessments
upon the shares, or to create new shares, hereafter,
or to contract any debt in behalf of the company, for
the extension of their wharves or breakwater, or for
any other purpose, except for the payment of their
existing debts; and except for the making of repairs,
which may be authorized by a majority of the whole
number of votes, to which the stockholders are enti-
tled. And all parts of the act incorporating said
company, inconsistent with the provisions of this
act, are hereby repealed.

[Approved by the Governor, April 13, 1836.]

CHELMSFORD COMPANY. April 13, 1836. 905

CHAP. CCXIV.

An Act to incorporate the Chelmsford Company.

13 E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. Alvah Mansur, Randall Meacham and S"' '"'°''"'
Daniel West, their associates and successors, are
hereby made a manufacturing corporation, by the
name of the Chelmsford Company, for the purpose
of manufacturing cotton and woollen goods, in the
town of Chelmsford, in the county of Middlesex ;
and, for this purpose, shall have all the powers and
privileges, and be subject to all the duties, restric-
tions and liabilities set forth in the thirtv-cighth and
forty-fourth chapters of the Revised Statutes, pass-
ed on the fourth day of November, in the year one
thousand eight hundred and thirty-five.

Sec. 2. The said corporation may hold, for the Estate.
purposes aforesaid, real estate to the amount of
twenty-five thousand dollars, and the whole capital
stock of said corporation, shall not exceed the amount
of fifty thousand dollars.

[Approved by the Governor, April 13, 1836.]

114

906 DIS. FIRE SOC. IN W. CAMB. April 13, 1836.

CHAP. CCXV.

An Act to incorporate tlie Northwest District Fire
Society in West Cambridge.

Be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by
the authority of the same, as follows :
Persons iiicorpo- ^Y.c. 1. Kimball Farmer, Abel Locke and John

rated.

Perry, their associates and successors, are hereby
made a corporation, by the name of the Northwest
District Fire Society, in West Cambridge, with all
the powers and privileges, and subject to all the du-
ties, restrictions and liabilities set forth in the forty-
fourth chapter of the Revised Statutes, passed on the
fourth day of November, in the year one thousand
eight hundred and thirty-five.
Esiiitc- Sec. 2. The said corporation may hold, for the

purposes aforesaid, real estate not exceeding in value
one thousand dollars, and personal estate not ex-
ceeding in value fifteen hundred dollars.

[Approved by the Governor, April 13, 1836.]

CHARLESTOWN S. C. FAC. April 13, 1836, 907

CHAP. CCXVI.

An Act to incorporate the Charlestown Steam Cot-
ton Factory.

JjE it enacted by the Senate and House of Bep-
resentativesj in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. Oilman Stanley, Richard Devens and Persons incorpo-
Ebenezer F. Cutter, their associates and successors,
are hereby made a manufacturing corporation, by
the name of the Charlestown Steam Cotton Facto-
ry, for the purpose of manufacturing cotton in the
town of Charlestown, in the county of Middlesex ;
and, for this purpose, shall have all the powers and
privileges, and be subject to all the duties, restric-
tions and liabilities set forth in the thirty-eighth
and forty-fourth chapters of the Revised Statutes,
passed on the fourth day of November, in the year
one thousand eight hundred and thirty-five.

[Approved by the Governor, April 13, 1836.]

908 SUFFOLK INDIA RUBBER CO. April 13, 1836.

CHAP. CCXVII.

An Act in addition to an Act to incorporate the Suf-
folk India Rubber Company.

Be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by
the authority of the same, as follows :
?jamc changed. Sec. 1. The Suffolk India Rubber Company
are hereby authorized to take the name of the Chel-
sea Manufacturing Company ; and in addition to
the powers given by the act establishing the same,
are empowered to manufacture fabrics, composed
wholly or in part of cotton, wool, or silk, and to
make machinery.

Sec. 2. The business of said company shall be
carried on in the county of Suffolk, and said com-
pany shall have all the powers and privileges, and
be subject to all the duties, restrictions and liabili-
ties set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes, passed on the
fourth day of November, in the year one thousand
eight hundred and thirty-five.

[Approved by the Governor, April 13, 1836.]

WEWEANTIT RIVER. April 13, 1836. 909

CHAP. CCXVIII.

An Act ill relation to the Alewive Fishery in We-
weantit River.

JlJE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. All the provisions of the several laws Repeal of cenaia
relating to the fish called alewives in Weweantit river,
and the fishery connected with said river, so far as
any duties are required of, or any liabilities are im-
posed on the inhabitants of the town of Rochester
in the county of Plymouth are hereby repealed.

Sec. 2. All the rights and privileges bylaw con- Transferring of

/. 1 I'll- r • 1 /'T-ki certain rights cind

lerred on the inhabitants oi said town or Rochester, privileges, on
to the fishery of said river, and the proceeds thereof tions.
are hereby conferred on Joshua B. Tobey, his heirs
and assigns, and he and they are required in the
fall of each successive year hereafter, to appoint
three suitable persons as members of the committee
for said river ; who shall be required to perform
the same duties, and vested with the same authority,
as the committee of the town of Rochester now
are, and the said Tobey, his heirs and assigns, shall
be subject to the same pecuniary liabilities as the
inhabitants of Rochester now are.

[Approved by the Governor, April 13, 1836.]

910 BOSTON FRIEND SOCIETY. Jpril 13, 1836.

CHAP. CCXIX.

An Act authorizing Elisha Burgess and William B.
Pettis to extend a Wharf in Somerset.

X>E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows:
of'wharf. Elisha Burgess and William B. Pettis are hereby

authorized to extend their Wharf at Somerset, into
the channel of Taunton River to a line drawn
straight from the southeastwardly corner of Isaac
Pierce's south wharf to the northeastwardly corner
of the wharf owned by Collins Chace and Mary
Swasey : provided, that this grant shall in no wise
interfere with the legal rights of any other person.

[Approved by the Governor April 13, 1836.]

CHAP. CCXX.

An Act in addition to an act to incorporate the Bos-
ton Children's Friend Society.

oE it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows:
What children Sec. 1. The Said socictv mav admit into their

may be admiUed. , _ j j

institution any indigent child at the request of its

BOSTON FRIEND SOCIETY. April 13, 1836. 911

parent or guardian, and accept from its father, or in
case of the father's being dead, from its mother or
guardian, a surrender in writing, of any such child
to the care and direction of said corporation, and
also may admit any other indigent children residing
in the city of Boston, who have no parent or guar-
dian within the Commonwealth. And all children
so admitted, shall be maintained and employed by
said society, and shall be instructed in moral and
religious duties and the branches of learning usually
taught in the common town schools.

Sec. 2. The said society may retain and employ Binding out of

11-11 ' 1 r-ii I children, &c.

such children, alter they are oi suitable age to be
bound out as apprentices ; or may bind out such
children when of suitable age, as domestics in virtu-
ous families, or as apprentices at any reputable
trade, until the age of twenty-one years if males, or
of eighteen years if females, in like manner and on
the same conditions as overseers of the poor may,
by law, bind out the children of poor persons set-
tled in their respective towns. Provided, that any proviso.
such child who shall not have been surrendered to
said society in the manner herein provided, may be
withdrawn from the society or the persons to whom
it is bound by its parent or guardian, upon payment
to said society of the expenses incurred by them in
the relief, support and instruction of such chjld.

Sec. 3. This corporation shall have all the pow-
ers and privileges, and be subject to all the duties,
restrictions and liabilities set forth in the forty-
fourth chapter of the Revised Statutes, passed on the
fourth day of November, in the year one thousand
eight hundred and thirty-five.

[Approved by the Governor, April 13, 1836.]

912 MOUNT HOPE R. R. COR. April 13, 1836.

CHAP. CCXXI.

An Act to establish the Mount Hope Rail-road Cor-
poration.

dE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :
Persons incorpo- Sec. 1. EHsha Burgess, Samuel L. Crocker and

rated. _ * '_

Wheaton Luther, their associates and successors, are
hereby made a corporation, by the name of the Mount
Hope Rail-road Corporation, with all the powers
and privileges, and subject to all the duties, liabili-
ties and provision, contained in that part of the thir-
ty-ninth chapter of the Revised Statutes, passed on
the fourth day of November, in the year one thou-
sand eight hundred and thirty-five, which relates to
rail-road corporations, and in the forty-fourth chap-
ter of said Revised Statutes ; and said corporation
is hereby authorized to locate, construct and finally
complete a rail-road from Taunton, in the county of
Bristol, to Somerset, in the same county, in the di-
Routeofraii- rcctiou hereafter described, viz. Commencing at a
point in the Taunton branch rail-road, near Nathan
R. Shaw's store in said Taunton, and passing south-
erly about two thousand feet, in a curve to the right,
crossing the Taunton and Providence turnpike, near
the house of Annis Newcomb ; thence southerly,
about forty-two hundred feet ; thence thirty-six hun-
dred feet, on a curve to the right, to the table land
north of Dyer Pratt's ; thence south-westerly, in a
straight line, about half a mile, to a point a little south-

road

MOUNT HOPE R. R. COR. April 13, 1836. 913

westerly of Blake's landing ; thence, by a gentle
curve, near the western bank of Taunton river, about
thirty-four hundred feet ; thence south-westerly, in
a straight line, about fifty-eight hundred feet, crossing
Three mile river, and approaching near to Taunton
river, opposite " the needles," so called ; thence
southerly and south-westerly, by gentle curves, of
radii, varying from half a mile to a mile and a half,
crossing the Berkley road, passing westerly of
Church's hill, and crossing Sickeraganset river near
its mouth ; thence nearly south, in a straight line, to
a point near the mouth of " Mud cove," so called ;
thence, crossing said cove and the public road, along
the west bank of Taunton river, to a point near
Jones' wharf, in Dighton ; thence southerly, to the
mouth of Broad cove, so called ; thence, crossing
the cove, and passing near the bank of the river,
about one mile ; thence, on the west side of the hill
upon Store-house point, one fourth of a mile, to the
bank of Taunton river ; thence, along the bank of
the river, to the depot in the southerly part of Som-
erset villasre.

Sec. 2. Said corporation shall furnish the same Faciiitiesfor pas-

r -i- • r t r i n i sage of vessels.

lacilities, tor the passage or vessels at Broad cove,
as are provided in the act, authorizing a bridge to
be built over said cove, passed on the sixteenth day
of March, in the year one thousand eight hundred
and thirty-two.

Sec. 3. The capital stock of said corporation Amount of stock.
shall consist of a sum not exceeding one hundred
and fifty thousand dollars, to be divided into shares
of one hundred dollars each ; and said corporation
may purchase and hold such real estate, as may be
necessary for a depot, and other purposes connected
with the use of said road.
115

914 MOUNT HOPE R. R. COR. April 13, 1836.

refilofis."'^^ Sec. 4. At the expiration of four years, from
and after the time of the completion of said rail-
road, the legislature may, from time to time, alter
or reduce the rate of rolls and other profits, upon
said rail-road ; but the said tolls shall not, without
the consent of said corporation, be so reduced as to
produce, with said profits, less than ten per cent, per
annum.

Smotnih ^^^' ^' ^^^^ corporation are hereby authorized

t'S'itionr" to enter, with their rail-road, on that point of the
Taunton Branch Rail-road, designated in the first
section of this act, or within forty rods, in either di-
rection from said point, paying for the right to use
the same, or any part thereof, such a rate of toll as
the legislature may from time to time prescribe, and
complying with such rules and regulations as may
be established by said Taunton Branch Rail-road
Corporation, by virtue of the fourth section of their
act of incorporation. Provided, however, that it
shall be the duty of the corporation hereby created,
to enter the said Taunton Branch Rail-road by such
proper turn-outs or switches as will not unreasonably
incommode the travel upon the said Taunton Branch
Rail-road, and pay all the expenses incident to, and
in consequence of, any alterations necessary in said
Taunton Branch Rail-road, to enable them to enter
upon it in a proper manner.

Time within Sec. 6. If thc amouut of stock of said rail-road

which road must i ii i

be completed, shall uot hav(^ been subscribed for, the corporation
organized, and the location of the road filed with the
county commissioners of the county of Bristol, pre-
vious to the first day of July, in the year one thou-
sand eight hundred and thirty-seven ; or, if the said
corporation shall fail to complete the said road on or
belore the first day of September, in the year one

MOUNT HOPE R. R. COR. April 13, 1836. 916

thousand eight hundred and thirty-eight, then this
act shall he void.

Sec. 7. If the charter granted to Cjrus Alger
and others, passed on the twenty-second day of Jan-
uary, in the year one thousand eight hundred and
thirty-one, to establish the Boston and Taunton
Rail-road Company, shall be renewed, or a similar
charter granted to said Alger and others, and the rail-
road established by that act shall be completed, so
as to unite with the rail-road established by this act,
said Boston and Taunton Rail-road Company may,
at any time, within five years from opening the rail-
road established by this act for use, jjurchase of the
corporation hereby created the rail-road so opened,
and all the franchise, property, rights and privileges
thereof, by paying them therefor such sum as will
reimburse the amount of capital paid in, with a nett
profit thereon of six per cent, per annum, from the
time of the payment thereof by the stockholders, to
the time of said purchase. Provided, nevertheless,
that the several stockholders of the rail-road compa-
ny, established by this act, shall be permitted on said
purchase, to become stockholders in said Boston and
Taunton Rail-road Company, by receiving stock or
shares thereof, to the amount in which they may be
respectively interested, as stockholders in the rail-
road company hereby established.

[Approved by the Governor, April 13, 1836.]

916 ROCK BOTTOM CO. April'\3, 1836.

CHAP. CCXXII.

An Act to incorporate the Rock Bottom Company.

o£ it eriUcted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sed"' '"'°''^°" ^Ec. 1. Benjamin Poor, Charles Bradley and
J. A. A. Laforest, their associates and successors,
are hereby made a manufacturing corporation, by the
name of the Rock Bottom Company, for the pur-
pose of manufacturing cotton and woollen goods, in
the town of Stow, in the county of Middlesex ; and
for this purpose shall have all the powers and privi-
leges, and be subject to all the duties, restrictions
and liabilities set forth in the thirty-eighth and for-
ty-fourth chapters of the Revised Statutes, passed on
the fourth day of November, in the year one thou-
sand eight hundred and thirty-five.

Estate. Sec. 2. The said corporation may hold, for the

purposes aforesaid, real estate to the amount of for-
ty thousand dollars, and the whole capital stock of
said corporation shall not exceed the amount of one
hundred thousand dollars.

[Approved by the Governor, April 13, 1836.]

INSANE PERSONS. April 13, 1836. 917

CHAP. CCXXIII.

An Act to provide for the confinement of Idiots and
Insane Persons.

JjE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. There shall be within the precincts of Place of confine-
the house of correction in each county of this Com- county.
monwealth, a suitable and convenient apartment or
receptacle for idiots and lunatic or insane persons
not furiously mad, to be confined therein as herein
after provided.

Sec. 2. When it shall be made to appear, on ap- who may order

1. . , . . . . . /» 1 commitment, pro-

plication made m writmg to any two justices of the vision for sup-
peace, one of whom shall be of the quorum, or any ''°'^'
police court, that any person, being within the ju-
risdiction of such justices or court, is an idiot or
lunatic or insane, not being furiously mad as afore-
said, the said justices or court are hereby authori-
zed to order the confinement of such person in the
receptacle provided for that purpose ; and such
provision shall be made for the comfortable support
of all persons confined by virtue of this act, and
they shall be governed or employed in such manner,
as the county commissioners of each county in the
Commonwealth, and such officers as by law ex-
ercise the powers of county commissioners, may, in
the exercise of their discretion, judge best ; and
such sum per week shall be allowed and paid for
the support of every such person, confined as afore-

918 INSANE PERSONS. April 13, 1836.

said, as the mayor and aldermen of the city of Bos-
ton, and the county commissioners of each county,
and such officers as by law exercise the powers of
county commissioners, shall direct ; and if, in any
case, there shall be no parent, kindred, master, guar-
dian, town or city obliged by law to maintain the
person so confined, the sum allowed as aforesaid
shall be paid out of the treasury of the Common-
wealth : provided, that in no case shall more than two
dollars and fifty cents per week ever be paid from
said treasury.
Disciiarge of per- Sec. 3. Any pcrsou coufiucd by virtue of this

sonsconnned. . i t i i i • l

act may at any time be discharged, when, in the
opinion of any two justices of the peace, one of
whom shall be of the quorum, or of any police
court, having jurisdiction in the case, such discharge
would be for the benefit of the person so confined,
or when, in their opinion, such person would be
comfortably supported by any parent, kindred, friend,
master or guardian, or by any town or city in which
such person may have a legal settlement.

Sec. 4. In any case, that may arise under this
act, all magistrates and other officers and all wit-
nesses shall receive the same fees and compensation
for services performed, and for attendance and travel,
as are allowed by law, for like services in criminal
proceedings, to be taxed, allowed and paid in the
same manner.

[Approved by the Governor, April 13, 1836.]

CHEMICAL DYING AND P. CO. Jpril 13, 1836. 919

CHAP. CCXXIV.

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

it enacted by the Senate and House of Rep-
resentatives^ in General Court assembled, and by the
authority of the same, as follows :

Five members of the Board of Managers shall
constitute a quorum, for the transaction of business,
any provision in the act, to which this is in addition,
to the contrary notwithstanding.

[Approved by the Governor, April 13, 1836.]

CHAP. CCXXV.

An Act to incorporate the Chemical Dyeing and
Printing Company.

Be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. John Fenno, John Low and Simeon persons incorpo-
Butterfield, their associates and successors, are here-
by made a manufacturing corporation, for the pur-
pose of coloring, dyeing, manufacturing and printing
cotton, linen, silk and other fabrics, in the town of
Chelsea, in the county of Suffolk, and, for this pur-

Estate.

920 ROXBURY HAIR CLOTH CO. 4?n7l3, 1836.

pose, shall have all the powers and privileges, and
be subject to all the duties, restrictions and liabili-
ties set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes, passed on the
fourth day of November, in the year one thousand
eight hundred and thirty-five.

Sec. 2. The said corporation may hold, for the
purposes aforesaid, real estate to the amount of
twelve thousand five hundred dollars, and the whole
capital stock of said corporation shall not exceed the
amount of fifty thousand dollars.

[Approved by the Governor April 13, 1836.]

CHAP. CCXXVI.

An Act to incorporate the Roxbury Hair Cloth Com-
pany.

JjE it enacted by the Senate and House of Rep-
resentatives^ in General Court assembled., and by the
authority of the same, as follows :
tZT^ ""''"'^°' ^^^' ^' Stephen Faunce, Jr., Kendall Brooks
and Franklin White, their associates and successors,
are hereby made a manufacturing corporation, by the
name of the Roxbury Hair Cloth Company, for the
purpose of manufacturing hair cloth in the town of
Roxbury, in the county of Norfolk ; and for this
purpose shall have all the powers and privileges, and
be subject to all the duties, restrictions and lia-
bilities set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes, passed on the

ROXBURY BANK. April 13, 1836. 921

fourth day of November, in tlio year one thousand
eight hundred and thirty-five.

Sec. 2. The said corporation may hold, for the Estate.
purposes aforesaid, real estate to the amount of
thirty thousand dollars, and the whole capital stock
of said corporation shall not exceed the amount of
one hundred thousand dollars.

[Approved by the Governor, April 13, 1836.]

CHAP. CCXXVII.

An Act to establish the Roxbury Bank.

J3E it enacted by the Senate and House of
Representatives, in General Court assernbled, and by
the authority of the same, asfollmvs :

Sec. 1. Ebenezer Seaver, George Adams and Persons iiicorpc

' o rated.

Amos Stevens, their associates and successors, are
hereby created a corporation, by the name of the
President, Directors and Company of the Roxbury
Bank, to be established in Roxbury, and shall so
continue until the first day of October, in the year
one thousand eight fiundred and fifty-one, and shall
be entitled to all the privileges and powers, and
subject to all the duties, liabilities and requirements
contained in the thirty-sixth chapter of the Revised
Statutes, passed the fourth day of November, in the
year one thousand eight hundred and thirty-five.

Sec. 2. The stock in said bank shall be trans-
ferable only at its banking house and in its books.

Sec. 3. The capital stock of said corporation Amount of stock

116

922 LYNN COMMON. April 13, 1836.

shall consist of one hundred thousand dollars, to be
divided into shares of one hundred dollars each, to
be paid in such instalments, and at such times, as the
vvTientobe paid Stockholders may direct : provided, the whole be paid
on or before the first day of January next.

[Approved by the Governor, April 13, 1836.]

CHAP. CCXXVIII.

An Act to authorize the Town of Lynn to enclose
their Public Common.

JjE it enacted by the Senate and House of
Representatives, in General Court assembled, and
by the authority of the same, as follows :

Sec. 1. The inhabitants of the town of Lynn
shall have liberty to enclose such part or parts of
their public common, situated between Breed's hotel
(so called) on the Salem turnpike, and the first
methodist meeting-house in said town, at any time,
and in such manner, as said town may determine at
Notice to be giv- any legal meeting of the inhabitants, due notice of
such intention being previously given by the select-
men in their warrrant for calling said meeting.

Sec. 2. Whenever said town shall determine to
enclose any part of said common, the same shall be
done under the direction of a committee appointed
by the town for that purpose, which committee shall
have liberty to plant such ornamental trees within
the enclosure as they may deem proper, and said
committee shall be required to provide a sufficient

Avenues across
common.

UNION CHARITABLE SOC. April 13, 1836. 923

number of avenues or passes, for the inhabitants to
pass and repass on foot across the said common.

Sec. 3. Nothing in this act contained shall pre-
vent the laying out a public highway through said
enclosure, whenever the public exigencies may re-
quire.

[Approved by the Governor, April 13, 1836.]

CHAP. CCXXIX.

An Act to incorporate the Union Charitable Society
in Salem.

X>E it enacted by the Senate and House of
Repi'esentatives, in General Court assembled, and by
the authority of the same, as folio ws:

Sec. 1. William Jones, Schuyler Lawrence and Persons incorpo-

^ rated.

William Williams, their associates and successors,
are hereby made a corporation, by the name of the
Union Charitable Society in Salem, with all the
powers and privileges, and subject to all the duties,
restrictions and liabilities set forth in the forty-fourth
chapter of the Revised Statutes, passed on the fourth
day of November, in the year one thousand eight
hundred and thirty-five.

Sec. 2. Said corporation may hold real and per- Estate.
sonal estate, not exceeding in amount the sum of
ten thousand dollars, to be devoted exclusively to
charitable purposes.

[Approved by the Governor, April 13, 1836.]

924 PRO. COURTS, FITCIIBURG. Ajml 14, 1836.

CHAP. CCXXX.

An Act in addition to " An Act to incorporate the
New Haven and Northampton Company."

JjE it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows:
Paper in which 'f^g noticc, which in and by the act entitled, " an

notice ma}- be ' -

given. act to incorporate the New Haven and Northampton

Company," passed the ninth day of April, in the
year of our Lord one thousand eight hundred and
thirty-six, is to be given in some newspaper, printed
in Westfield, in the county of Hampden ; may be
given in such newspaper, or in want thereof, in any
other newspaper printed in said county.

[Approved by the Governor, April 14, 1836.]

CHAP. CCXXXI.

An Act to establish Probate Courts in Fitchburg.

13 E it enacted by the Senate and House of
Representatives, in General Court assembled, a?id by
the authority of the same, as follows :

From and after the first day of June, in the year
one thousand eight hundred and thirty-six, a pro-
bate court shall be holden at Fitchburg in the

EASTERN RAIL-ROAD CO. April 14, 1836. 925

county of Worcester, twice in each year, to wit.
On the first Thursday in June, and first Thursday
in December, at such places in the town of Fitch-
burg as the judge of probate in and for said county
of Worcester shall see fit to appoint,

[Approved by the Governor, April 14, 1836.]

CHAP. CCXXXII.

An Act to establish the Eastern Rail-road Company.

oE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. George Peabody, William H. Foster Persons incorpo.
and Larkin Thorndike, their associates and succes-
sors, are hereby made a corporation, by the name of
the Eastern Rail-road Company, with all the powers
and privileges, and subject to all the duties, liabili-:
ties and provisions contained in that part of the
thirty-ninth chapter of the Revised Statutes, passed
November the fourth, in the year one thousand eight
hundred and thirty-five, which relates to rail-road
corporations, and in the forty-fourth chapter of said
Revised Statutes ; and said corporation is hereby
authorized and empowered to locate, construct and
finally complete a rail-road from the city of Boston
to the boundary line between the Commonwealth of
Massachusetts and the state of New Hampshire, on
or near the line next hereinafter described, viz : —
Beginning at or near the land or wharf of the Lewis Route of raii-

road.

926 EASTERN RAIL-ROAD CO. April 14, 1836.

wharf company ; thence by steam boats, or other
boats, over and across the ferry, to East Boston, so
called ; thence, through or near a depot of said cor-
poration, to Decatur street in said East Boston ;
thence, running parallel with, and distant about two
hundred feet from Chelsea street, north, forty-nine
degrees east, forty-three hundred and twenty feet ;
thence westerly, about sixteen hundred feet, by a
curve of eleven thousand four hundred and sixty feet
radius ; thence north, forty-one degrees east, ninety-
seven hundred and fifty feet, crossing the westerly
end of Bell Isle and Chelsea river, to the hill situate
about half of a mile easterly of Chelsea meeting-
house ; thence easterly, about seven hundred feet,
by a curve of eleven thousand four hundred and sixty
feet radius ; thence north, thirty-eight degrees east,
seventeen thousand two hundred and twenty-eight
Route. feet, to the left bank of Saugus river, to a point

about three hundred yards from its mouth ; thence
easterly, about twenty-eight hundred and fifty feet,
by a curve of fifty-seven hundred and thirty feet ra-
dius ; thence north, sixty-six degrees east, twelve
thousand five hundred and fifty feet, passing through
Lynn, to a meadow south of Rufus Parrott's house ;
thence westerly, about forty-six hundred feet, by a
curve of fifty-seven hundred and thirty feet radius,
passing near the house of Pickering Dodge, and near
the " great oak," so called ; thence north, twenty-
one degrees east, about five hundred ieet, to a point
at or near the head of " big swamp," so called ;
thence easterly, about twenty-one hundred and fifty
feet, by a curve of fifty-seven hundred and thirty feet
radius ; thence north, forty-three degrees east, about
sixteen hundred and sixty-five feet, across the " big
swamp," so called, to a point at or near an old dam;

EASTERN RAIL-ROAD CO. April 14, 1836. 927

thence westerly, about nine hundred and forty-eight
feet, by a curve of fifty-seven hundred and thirty
feet radius, crossing a small pond ; thence north,
thirty-four degrees east, about fifty-six hundred and
eighty-nine feet, to a point at or near " Castle hill,''
so called ; thence easterly, about eleven hundred
and fifty feet, by a curve of fifty-seven hundred and
thirty feet radius, into a meadow ; thence north,
forty-five degrees east, about twelve hundred and
one feet, to a point at or near the lead factory, so
called ; thence westerly, about twelve hundred feet,
by a curve of fourteen hundred and thirty-two feet
radius, to a point at or near a hill situate northerly
of Harbor street ; thence north, two degrees west,
about twenty-five hundred and seventy-three feet, to
the southerly side of Forrester street in the city of
Salem ; thence easterly, about nine hundred and Route.

twenty-five feet, by a curve of eleven hundred and
forty-six feet radius, to a point at or near Northey
street : thence north, forty-four degrees east, seven-
teen hundred and sixteen feet, crossing Bridge street;
thence westerly, about twelve hundred and fifty feet,
by a curve of twenty-eight hundred and sixty-five
feet radius ; thence north, nineteen degrees east,
about twenty-four hundred and seventy-two feet, to
the left bank of the North river, at a point about five
hundred and fifty feet below Beverly bridge ; thence
westerly, about ten hundred and fifty feet, by a
curve of fifty-seven hundred and thirty feet radius,
to a point distant about two hundred feet northerly
from the brick school-house in Beverly ; thence
north, eight degrees east, about eleven thousand two
hundred and thirty-four feet, to a point near the
house of J. Sheldon ; thence easterly, about fifty-
two hundred feet, by a curve of seventeen thousand

928 EASTERN RAIL-ROAD CO. April 14, 1836.

one hundred and ninety feet radius, to a point at or
near a small pond ; thence north, twenty-seven de-
grees east, about eleven thousand four hundred feet,
to a point at or near the house of J. B. Dodge;
thence easterly, about sixteen hundred and thirty-
three feet, by a curve of eleven thousand four hun-
dred and sixty feet radius, to a swamp ; thence
north, fifty-six degrees east, about ninety-eight hun-
dred and eighty-five feet, to a point at or near the
house of J. and B. Appleton ; thence vvesterly, about
twelve hundred and fifty feet, by a curve of fifty-
seven hundred and thirty feet radius ; thence north,
twenty-one degrees east, about twenty-two hundred
and ninety feet, to the Topsfield road ; thence east-
erly, about eight hundred and thirty-three feet, by a
curve of fifty-seven hundred and thirty feet radius.
Route. iQ a point at or near a road ; thence north, thirty

degrees east, about sixty-eight hundred and ninety-
two feet, to a point at or near the house of G. Chap-
man, in Ipswich ; thence westerly, about eleven
hundred feet, by a curve of eleven hundred and
forty-six feet radius, to the low grounds ; thence
north, twenty-five degrees west, about seventeen
hundred feet, to a point at or near the corner of the
Boxford road ; thence easterly, about twenty-five
hundred feet, by a curve of fifty-seven hundred and
thirty feet radius, to a cross road ; thence northerly,
about thirty-seven thousand seven hundred and forty-
two feet, crossing the meadows of Ipswicrh, Rowley
and Newbury, and crossing Rowley, Parker and
Little Rivers ; thence easterly, about eighteen hun-
dred and sixty-seven feet, by a curve of eleven thou-
sand four hundred and sixty feet radius ; thence
north, eight degrees east, about forty-seven hundred
and fifty feet, to Union street, in Newburyport ;

Route.

EASTERN RAIL-ROAD CO. April 14, 1836. 929

thence westerly, about six hundred and twenty-five
feet, by a curve of fourteen hundred and forty-eight
feet radius ; thence north, seventeen degrees west,
about two hundred and eight feet ; thence easterly,
about eleven hundred and ten feet, by a curve of
twelve hundred and thirty feet radius, to a point at
or near the western exid of the chain bridge over the
Merrimack river ; thence, across the site of said
bridge, about one thousand feet, to the left bank of
said river; thence north, thirty-five degrees east,
about twenty-nine hundred and seventy feet, run-
ning on the easterly side of the Newburyport bridge
road ; thence westerly, about eight hundred and
twenty-five feet, by a curve of thirty-three hundred
feet radius; thence north, eighteen degrees east,
about eighty-six hundred feet, to a point at or near
" Carr's corner;" thence westerly, about eight hun-
dred and twenty-five feet, by a curve of thirty-three
hundred feet radius ; thence north, eight degrees
east, to the boundary line between the said Com-
monwealth and the state of New Hampshire : pro-
vided, nevertheless, that a part of the above described
line may and shall be altered, if the inhabitants of
the town of Newburyport shall so determine, at any
legal meeting of said inhabitants, called for that pur-
pose, in manner following, to wit : from a suitable
point in Newbury, to the western end of the said
chain bridge across the Merrimack river ; which al-
teration shall be made in such manner as the engineer
of the said Eastern Rail-road Company shall deem
most suitable to carry the line of said rail-road west
of the jail in Newburyport, and across High street,
passing through or near Winter street; and provided,
also, that said corporation shall not be holden or
required to construct their said rail-road on that part
117

930 EASTERN RAIL-ROAD CO. April 14, 1836

of the above described line, between said Union
street or Winter street, and the boundary line be-
tween the said Commonwealth and said state of
New Hampshire, until they shall deem it expedient
to do so.

Existing rights of Sec. 2. Nothinoj herein contained shall be con-
persons, &c. not *-^ _ _ _ ^

impaired by this strucd to confirm, interrupt or impair the existmg
rights of any corporation, person or persons, owning,
or interested in, any ferry, already established or li-
censed, or to restrain the power of setting up any
ferry which the wants or convenience of the public
may require ; and the said rail-road company shall
not locate, or construct, any part of their rail-road,
in, upon or through any enclosure, used, or appro-
priated for the burial of the dead, without the con-
sent of the inhabitants of the town where such en-
closure is situated.

Amount of stock. gj,^,^ 3^ ^j-j^ Capital stock of Said corporation

shall consist of not less than thirteen thousand, nor
more than twenty thousand shares, the number of
which shall be determined, from time to time, by
said corporation, or hy the directors thereof; and no
assessment shall be laid thereon, of a greater
amount in the whole than one hundred dollars on
each share ; and said corporation may purchase and
hold, in the name of the corporation, such real es-
tate, materials, engines, cars and other things, as
may be necessary for depots, for the use of said
road, and for the transportation of persons, goods
and merchandise.
Draws, piers, die. Sec. 4. The Said corporation shall construct and
maintain, in their said rail-road, a draw of at least
thirty feet in width, across each of the following
rivers, for the passing and repassing of vessels, viz :
Saugus river, Salem South river, and Beverly river ;

EASTERN RAIL-ROAD CO. April 14, 1836. 931

also, a draw, not less than twenty-five feet in width,
across Chelsea creek ; also, a bridge across Rowley
river, which last mentioned bridge shall be built in
such manner as the county commissioners for the
county of Essex shall approve ; also, such buoys
and hawsers at, or near Beverly bridge, and such
lights, (not exceeding four in number,) at the draw
thereof, as the selectmen of Beverly, in writing,
shall direct. The said corporation shall erect such
piers, near the said draws, any or either of them,
as the commissioners for the county in which such
draw or draws may be situate, shall, in writing, re-
quire ; and the said corporation shall keep each of
said draws and piers in good repair, and shall raise
or open said draws, and afford all reasonable accom-
modation to vessels having occasion to pass through
the same, or either of them, by day or by night ;
and if any such vess(3l shall be unreasonably de- Vessels not to be

'^ _ _ •' detained unrea-

tained, in passing either of said draws, by the neg- sonaWy.
ligence of said corporation, in constantly providing
agents to discharge, faithfully, the duties enjoined
by this act, the owner, commander or person having
the consignment of said vessel, may recover reason-
able damages therefor, of said corporation, in an ac-
tion on the case, before any court competent to try
the same. The said corporation shall not permit
the passing of any bridge erected by them, by any
carriages of any description, other than those adap-
ted to the travelling on said rail-road, nor by horses
or other beasts not attached to such rail-road car-
riages, nor by persons on foot, except by such per-
sons, carriages, horses or other beasts, 'is may be m
the immediate service of said corporation.

Sec. 5. If, in constructing said rail-road, it shall f;::tinrsaTem
be necessary to remove, or alter any of the pipes or aqueduct?''

932 EASTERN RAIL-ROAD CO. Jpril 14, 1836.

other works of the Salem and Danvers aqueduct
corporation, in the city of Salem, the said rail-road
company shall cause such removal or alteration to be
made, at their own expense, in such good and suffi-
cient manner, and of such suitable and permanent
materials as will convey the water of said aqueduct
as freely, copiously and securely as it is now con-
veyed ; and shall, from time to time, as may be ne-
cessary, maintain the pipes and other constructions,
made necessary by any such alterations or removals,
in good and suffici(mt repair; and said rail-road com-
pany shall be held to indemnify said aqueduct cor-
poration for any loss, damage or expense, which
they may sustain by reason of the removals or alte-
rations aforesaid, or by any other interference of
said rail-road, with the pipes or other works of said
aqueduct corporation.
Saicm and chei- Sec. 6. The Salem turnpike and Chelsea bridge

sea turnpike , . ^ ®

company may corporatiou mav subscribc for any amount, not ex-
ceeding one fourth part of the shares and capital
stock of said Eastern Rail-road Company : provi-
ded, that the said Salem turnpike and Chelsea
bridge corp^oration shall, within ninety days after the
passing of this act, notify either of the three per-
sons first named in the first section hereof, of their
intention to subscribe for, and own said shares ; and
the said Salem turnpike and Chelsea bridge corpora-
lion shall distribute the shares and capital stock, so
subscribed for by them, among the stockholders, or
otherwise dispose of the same, as the said corpora-
tion, or the directors thereof, shall deem just and
expedient : provided, always, that the holders or
proprietors of the shares, which may be taken as
aforesaid, by the said Salem turnpike and Chelsea
bridge corporation, shall hold the same, subject to

subscribe.

EASTERN RAIL-ROAD CO. April 14, 1836. 933

all assessments and liabilities, and with the same
privileges as are provided concerning the shares and
capital stock in said rail-road company.

Sec. 7. The capital stock of said rail-road cor- Time of compie-
poration shall be thirteen thousand shares, until the
number thereof shall be increased in the manner
expressed in the second section of this act ; and if
the said thirteen thousand shares shall not have been
subscribed for, and the corporation organized before
the first day of January, in the year one thousand
eight hundred and thirty-seven, or if the location of
said rail-road shall not be filed according to law, or
if said company shall fail to complete the said rail-
road to the extent provided in the first section of
this act, on or before the first day of September, in
the year one thousand eight hundred and forty, this
act shall be void.

Sec. 8. The legislature may, after the expira- Toils may be ai-
tion of five years from the time when this rail-road ture. ^ ^^^^
shall be open for use, from time to time, alter or
reduce the rate of tolls and other profits upon said
road : but the said tolls shall not, without the con-
sent of the corporation, be so reduced as to produce
with said profits less than ten per cent, per annum.

Sec. 9. The Commonwealth may authorize any Entrance of other

. , , ., , lail-roads.

company to enter, with another rail-road, at any
point of said Eastern Rail-road, paying for the right
to use the same, or any part thereof, such a rate of
toll as the legislature may, from time to time, pre-
scribe, and complying with such rules and regula-
tions as may be established by the directors of said
Eastern Rail-road.

[Approved by the Governor, April 14, 1836.]

934 LOWELL DISPENSARY. Jpril 15, 1836.

CHAP. CCXXXIII.

An Act to incorporate the Lowell Dispensary.

JBE it enacted by the Senate and House o/Rep-
resentativesj in General Court assembled., and by the
authority of the same, as follows:
Persons incorpo- Sec. 1. Jamcs G. Camev, Jolin Clark, James

rated. , _ "^ i i

Cook, their associates and successors, are hereby
made a corporation, by the name ol" the Lowell Dis-
pensary, for the purpose of furnishing medicine, and
other needful articles, and medical advice and relief,
to the sick poor of the town of Lowell, with all the
powers and privileges, and subject to all the duties,
restrictions and liabilities set forth in the forty-fourth
chapter of the Revised Statutes, passed on the
fourth day of November, in the year one thousand
eight hundred and thirty-five.
Estate. Sec. 2. The corporation hereby established

may take and hold, for the purpose aforesaid, any
real or personal estate, the annual income of which
shall not exceed the sum of three thousand dollars.

[Approved by the Governor, April 15th, 1836.]

DOUGLAS AXE MAN. CO. April 15, 1836. 935

CHAP. CCXXXIV.

All Act to amend an act to incorporate the Boston
and Millbury Water Power and Manufacturing
Company.

XjE it enacted hy the Senate and House of
Representatives, in General Court assembled, and hy
the authority of the same, as follows :

The name of the said company shall be the Bos-
ton and Millbury Water Power and Manufacturing
Company, any thing in the act, entitled, an act to
incorporate the Boston and Millbury Water Power
and Manufacturing Company, passed on the ninth
day of April instant, to the contrary notwithstand-
ing.

[Approved by the Governor, April 15, 1836.]

CHAP. CCXXXV.

An Act in addition to an act to incorporate the Doug-
las Axe Manufacturing Company.

13 E it enacted by the Senate and House of Rep-
resentatives, in General Coiirt assembled, and by the
authority of the same, as follows :

Sec. 1. The Douglas Axe Manufacturine: Com- Amount of real

<-" <-> and personal

pany may be lawfully possessed of seventy thou- estate.

936 PITTSF. & W. ST. R. R. CO. April 15, 1836.

sand dollars in personal estate, and seventy thousand
dollars in real estate, in addition to their present au-
thorized capital.

Sec. 2. The said corporation shall have all the
powers and privileges, and be subject to all the du-
ties, restrictions and liabilities set forth in the thir-
ty-eighth and forty-fourth chapters of the Revised
Statutes, passed on the fourth day of November, in
the year one thousand eight hundred and thirty-five.

[Approved by the Governor, April 15, 1836.]

CHAP. CCXXXVl.

An Act to incorporate the Pittsfield and West
Stockbridge Rail-road Company.

Be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows:

^^rsoQsjncoTpo- Sec. 1 . Lcmuel Pomerov, Robert Campbell and
Mathias R. Lanckton, their associates and succes-
sors, are hereby made a corporation, by the name
of the Pittsfield and West Stockbridge Rail-road
Company, with all the powers and privileges, and
subject to all the duties, liabilities and provisions
contained in the forty-fourth chapter, and in that
part relating to rail-road corporations, of the thirty-
ninth chapter of the Revised Statutes, passed on
the fourth day of November, in the year one thou-
sand eight hundred and thirty-five.

Route of rau- ^^(. 2. The Said company may lay out and con-

struct a rail-road, commencing at some convenient

PITTSF. & W. ST. II. R. CO. April 15, 1836. 937

place for a depot, at or near the village of Pittsfield,
and passing or passing from a point in the North
street of said village, within one hundred rods of the
town-house of Pittsfield, in a southwesterly direc-
tion, crossing the road from Pittsfield to Albany,
within one hundred and fifty rods of said town-
house ; thence passing near the village of Stearns-
ville, and the Shaker mill, into Richmond ; and pass-
ing through Richmond near the house of Edwin W.
Dwight, and near the furnace in said Richmond,
into West Stockbridge, to the intersection of this
rail-road with the West Stockbridge rail-road, or
the Western rail-road, on or near Flat Brook Mea-
dows, in said West Stockbridge.

Sec. 3. The capital stock of said corporation Amount of stock,
shall not exceed three hundred thousand dollars; and
shall be divided into shares of one hundred dollars
each ; and the said corporation may invest and hold
such part thereof in real estate, as may be necessary
and convenient for the purposes of their incorpora-
tion.

Sec. 4. The legislature may, after the expiration Legislature may
of four years from the time when this rail-road shall
be opened for use, from time to time, alter, equalize
or reduce the rate of tolls and other sources of profit
upon said road ; but said tolls shall not, without the
consent of the corporation, be so reduced as to pro-
duce, with said profits, less than ten per cent, per
annum.

Sec. 5. The Commonwealth may authorize any Entrance of other
company to enter with another rail-road at any point '°^ ^"
of said Pittsfield and West Stockbridge Rail-road,
paying for the right to use the same, or any part
thereof, such a rate of toll as the legislature may,
from time to time, prescribe, and complying with

118

938 MECHANICS M. F. INS. CO. April 15, 1836.

such rules and regulations as may be established by
the directors of said Pittsfield and West Stockbridge
Rail-road.
Time of compie- Sec. 6. If the cor|)oration hereby created be not

tion, &.C. '■ ''

organized, and the location of its road filed, after,
and within one year after, the final location of the
western rail-road through Berkshire county ; or from
West Stockbridge to Lee, (in case it should be loca-
ted from West Stockbridge to Lee,) and if said
Pittsfield and West Stockbridge Kail-road shall not
be completed within three years from said final loca-
tion of the Western rail-road ; or if said Western
rail -road shall be finally located through Pittsfield,
this act shall be void.

[Approved by the Governor, April 15, 1836.]

CHAP. CCXXXVII.

An Act to incorporate the Mechanics Mutual Fire
Insurance Company.

J3E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :
Persons incorpo- Ezckicl Batcs, William Adams and Phinehas
Dow, their associates and successors, are hereby
made a corporation, by the name of the Mechanics
Mutual Fire Insurance Company in Boston, for the
purpose of making insurance upon any building,
stock, tools and furniture whatsoever, within this
Commonwealth, with all the powers and privileges,
and subject to all the duties and liabilities set forth

PROP. OF INSOL. DEBTORS. April 15, 1836. 939

in the thirty-seventh and forty-fourth chapters of the
Revised Statutes, passed on the fourth day of No-
vember, in the year one thousand eight hundred and
thirty-five, and to continue for the term of twenty-
eight years.

[Approved by the Governor, April 15, 1836.]

CHAP. CCXXXVIII.

An Act to regulate the Assignment and Distribution
of the Property of Insolvent Debtors.

13 E it enacted by the Senate and House of
Representatives, in General Court assembled, and
by the authority of the same, as follows :

Sec. 1. Any debtor may assign and convey his pro-
perty to his creditors, or to one or more assignees or
trustees, for the use of his creditors, in the manner
hereinafter mentioned ; and such assignment shall be
valid and effectual against any attachment or execu-
tion, thereafter made or levied on any of the proper-
ty so assigned : provided, the debtor shall make oath of debtor,

•^ . . ^^^ certificate

oath, a certificate of which shall be endorsed on the thereof.
instrument of assignment, that he has by such assign-
ment conveyed all his property not exempted by law
from attachment, for the benefit of all his creditors,
according to the true intent and meaning of this act.

Sec. 2. All persons who are endorsers or sure- who may be
ties for the debtor, or who have demands against him itors.
as drawer or endorser of any bill of exchange,
or endorser of any note, and all who have de-
mands upon any policy of insurance, or any bot-

940 PROP. OF INSOL. DEBTORS. April 16, 1836.

tomry or respondentia bond, or for a debt that may
become due on any other contingency whatever,
may be considered as creditors within the provisions
of this act. Provided^ that the bill, note, bond or
other contract be made by the debtor before the
date of the assignment: and provided, also, that the
debt demanded thereupon, shall become absolute
before the final dividend of the assigned property.
No preference a- Sec. 3. The assignmcut shall be so made as to

mong the credit- _ ^

orswho are par- give to cach of the crcditors who shall become par-
ties, except. &c. "^ ^ '■

ties to it, an equal share of the property, in propor-
tion to their respective debts, without any prefer-
ence excepting as to such debts as, by the laws of
the United States, or of this Commonwealth, may
be entitled to a preference in such case.

Sec. 4. All the creditors shall have a right to
Application after bccouie parties to the assignment : provided, they

dividend. ir i r r-iT-ii-ii

apply therefor before the final dividend is declared ;
but no creditor who comes in after any dividend is
declared, shall be allowed to disturb the same, but
he shall receive an equal proportion with the other
creditors, so far as the funds then remaining unap-
propriated in the hands of the assignees shall be suf-
ficient therefor.
Public notice of Sec. 5. The assisfnees shall, as soon as may be

appointment of .

assignees. after the assignment, give notice thereof, by adver-

tisement in some newspaper printed in the town
w^here the debtor resides, if there be any, and, if
not, in some newspaper printed in the same county,
or in the city of Boston ; and such advertisement
shall be published not less than once a week for
three weeks successively.

Provision for dis- Sec. 6. The assignecs shall declare and pay di-

tant creditors, ^ _ " _ i. ^

&c- vidends, from time to time, as soon as may be after

converting the effects into money : provided, that

PROP. OF INSOL. DEBTORS. April 15, 1836. 941

when it shall appear, that there are creditors, who,
from their distant residence, or other sufficient rea-
son, cannot become parties to the assignment before
the making of the first dividend, or when it shall
appear that there are any of the classes of creditors
named in the second section whose debts shall not
have, but may afterwards become absolute — the
assignees may retain, from the funds, a sum sufficient
to pay to every such supposed creditor, an equal pro-
portion with the other creditors.

Sec. 7. The supreme judicial court, or court of Removal of as-

1 ,1 • • I , . siffnees by court,

common pleas may, upon the petition or other appli- &c.
cation of the debtor, or of the assignees, or of any
creditor or other person interested in the case, re-
move any assignee for any sufficient cause, and upon
such removal, or upon the death or resignation of an
assignee, appoint another in his place ; and may
cause a just and prompt settlement of the estate of
the insolvent, and a distribution thereof among all
who are entitled thereto, having a due regard to the
rights of creditors, who, by reason of their distant
residence or otherwise, may be delayed in present-
ing their claims, and becoming parties to the assign-
ment; or whose debts may not have become abso-
lute ; and generally may hear and determine, as a
court of chancery, all matters arising under any such
assignment, and make such orders and decrees
therein as law and justice shall require, and as shall
be necessary and proper to carry into effisct the pro-
visions of this act : jyrovided, that when the amount
claimed, as due to any supposed creditor, is disput-
ed by the debtor, or the assignees, or by any other
creditor, the same shall, if required by either party,
be determined by a jury, upon an issue to be framed
under the direction of the court, or by referees cho-
sen by the parties.

942 PROP. OF INSOL. DEBTORS. April 15, 1836.

Discharge of
debtor.

Discharge to
have no effect
upon proof of
Certciiu facts.

Sec. 8. Every debtor who shall make such an
assignment as is herein before mentioned, shall be
discharged from all debts due to any of his creditors
who shall become parties to the assignment, except-
ing as is provided in the following section : but no
such discharge shall release any person who may be
liable for the same debt, as a partner, joint-contract-
or, indorser, acceptor, or surety, for or with the
debtor.

Sec. 9. The debtor, if afterwards sued for any
such debt, shall have no benefit of the said discharge,
but judgment shall be rendered against him for the
amount that shall then appear to be due, if the plain-
tiff shall prove any of the following facts, to wit :

First, that the debtor has fraudulently concealed,
reserved or disposed of any of his property which
the laws do not exempt from attachment, to the
amount of one hundred dollars:

Secondly, that he did knowingly and wilfully make
any false statement, in any disclosure made to or for
his creditors, concerning the amount or the disposi-
tion of his property :

Thirdly, that he did, at any time after this act
shall have gone into operation, and in contemplation
of such an assignment of his property as is herein
provided for, voluntarily make any payment, or any
transfer or conveyance of any part of his property,
with a view to give to any creditor, or to any indor-
ser or surety for the debtor, a preference or advantage
over the other creditors, contrary to the intent and
purpose of this act : or

Fourthly, that he did, in contemplation of such an
assignment, give notice of his insolvency to any
creditor, with a view to enable him, by means of an

ALBANY WH. & WAREII. COR. April 15, 1836. 945

attachment or otherwise, to obtain any such prefer-
ence or advantage over his other creditors.

Sec. 10. The debtor shall not be required to plead pieadini^of

, • J. , -111 • • • -1 dischargtj.

his discharge specially, but may give it in evidence
under the general issue ; unless when the action is of
such a nature that the discharge could not be sub-
mitted and proved to a jury under the general issue.

Sec. 11. No assignment or conveyance, made by Assipiment not

" . /■ 1 valid in certain

any insolvent debtor to assignees or trustees, for the cases against

. , 1 • 1 1 /v creditor who is

use of any of his creditors, shall be valid and effec- not a party.
tual against an attachment or execution, in behalf of
any creditor who is not a party to it, unless it is so
made as to allow all the creditors of the debtor to
become parties to it, if they see fit ; and unless, also,
it is so made as to give to each of the creditors who
shall become parties to it, an equal share of the
property, in proportion to their respective debts, ex-
cepting only such creditors as may, by the laws of
the United States, or of this Commonwealth, be en-
titled in such case to a preference.

[Approved by the Governor, April 15, 1836.]

CHAP. CCXXXIX.

An Act to incorporate the Albany Wharf and Ware-
house Corporation.

Be it e7iacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by
the authority of the same, as follows :

Sec. 1. William B. Reynolds, John A. Mc p™ incorpo-
Gaw and Charles Ellis, their associates and sue-

9*^ ALBANY WH. & WAREH. COR. April 15, 1836.

cessors, are hereby made a corporation, for the pur-
pose of building wharves and warehouses, near the
proposed terminus of the Worcester Rail-road in the
city of Boston, by the name of the Albany Wharf
and Warehouse Corporation, and shall have all the
powers and privileges, and be subject to all the du-
ties, restrictions and liabilities set forth in the forty-
fourth chapter of the Revised Statutes, passed on
- the fourth day of November, one thousand eight
hundred and thirty-five.

Tenure of lands, gj,^.^ 2. Said Corporation may hold, in fee sim-
ple, or otherwise, any lands, wharves and flats, lying
between Front street and the channel in said Bos-
ton : provided, that nothing herein contained shall
authorize said corporation to encroach upon the
channel, or any property of the Commonwealth, or
to interfere with the legal rights of any person or
corporation.

Amount of stock. Sec. 3. The capital stock of said corporation
shall be divided into five thousand shares, subject to
assessments, not exceeding one hundred dollars in
the whole on each share.

Sec. 4. Any or all of the powers of said corpo-
ration, in so far as it shall think proper to delegate
the same, may be exercised in its behalf by its di-
rectors or other officers.

[Approved by the Governor, April 15, 1836.]

PRESSING HAY. April 15, 1836. 94d

CHAP. CCXL.

All Act to prevent Fraud in the Pressing of May.

I3E it enacted by the Senate and House of Rep- •
r^esentatives, in General Court assembled, and by the
authority oftlie same, asfoUoivs :

Sec. 1. All pressed hay which shall be offered <^"™'" '" "j*^
for sale in this Coiiimonvvealth after the first daj of
September next, shall be branded upon the crate en-
closing it with the first letter of the christian name
and the w^hole of the surname of the person pack-
ing and screwing or otherwise pressing said hay,
and with the name of the town and state where
said hay shall be pressed.

Sec. 2. All pressed hay which shall be offered i'''>"^''"'<;
for sale without being branded as aforesaid, shall be
forfeited, one half to the person or persons prosecu-
ting therefor, and the other half to the use of the
city or town where said hay shall be so offered for
sale.

Sec. 3. All forfeitures incurred under this act,
may be recovered, with costs of suit, by action, bill,
plaint, or information before any justice of the peace,
or other court proper to try the same.

[Approved by the Governor, April 15, 1836.]

J 19

returns.

946 REGISTERS OF DEEDS. April 15, 1836.

CHAP. CCXLI.

An Act requiring Returns from Registers of Deeds.

JlJE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows:
Specification of Sec. 1. The Several registers of deeds in this
Commonwealth shall make returns to the secretary
of the Commonwealth, on or before the last Wed-
nesday in January in each year, of the whole num-
ber of deeds recorded by them in the books of reg-
istry, in their respective offices, during the year
ending the thirty-first day of December next pre-
ceding the time of making such returns; — also of
the whole number of other instruments so recorded
by them during the time aforesaid ; the whole amount
of fees received by them, for the recording of said
deeds, and the whole amount for other instruments ;
the amount paid by them into the treasury of the
county; the number of legal pages of records cov-
ered by the registry of said deeds and other instru-
ments ; and the expenses of their respective offices
over and above what is paid by the county during
the same time.

Sec. 2. The several particulars required by this
act, shall be given in said returns in the following
tabular form : —

KILBY BANK.

Jpril 16, 1836.

947

No. of deeds
recorded.

No. of" Other
instruments

Am'l of fees

rec'd for

dceils.

Ain't rec'd

for other

itistruincnts

Am't paid
CO. trea-
surer.

I Expenses of

No. of legdi oflice iiiiove

|j;iges cover-; wliiit Is p'd

ed. by County.

Form.

Sec. 3. The secretary of the Commonwealth
shall lay before the legislature in each year, as soon
after the last Wednesday in January as the same
can be conveniently prepared, an abstract of the re-
turns made to him in conformity with the provisions
of this act.

[Approved by the Governor, April 15, 1836.]

CHAP. CCXLII.

An Act to establish the Kiiby Bank.

rated.

JoE it enacted by the Senate and House of Hep -
resentatives, in General Court assembled, and by the
authority of the same, asfolloivs:

Sec. 1. John S. Wright, Charles Leighton and Persons incorpo-
John C. Tebbets, their associates and successors,
are hereby made a corporation, by the name of the
President, Directors and Company of the Kilby
Bank, and shall so continue until the first day of
October, in the year one thousand eight hundred and
fifty-one, and shall be entitled to all the powers and
privileges, and be subject to all the duties, liabili-
ties and requirements contained in the thirty-sixth
chapter of the Revised Statutes, passed the fourth

948 SOUTH RIVER IN SALEM. Jpril 15, 1836.

daj of November, in tlie year one thousand eij^ht
hundred and thirty-five.

Sec. 2. The said bank shall be established in
the city of Boston, and the stock thereof shall be
transferable only at its banking-house and in its
books.

Amount of stock. Sec. 3. The Capital stock of said corporation
shall consist of hve hundred thousand dollars, to be
divided into sliares of one hundred dollars each, to

When loi.c pnid b(? paid in such instalments, and at such times, as the
stockholders may direct : provided, the whole be
paid on or before the first day of January next.

[Approved by the Gov^crnor, April 15, 1836.]

CHAP. CCXLIIl.

An Act concerning the Harbor and the South River
in Salem.

13 E it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows :

Joseph Peabody, David Pingree, Daniel Ban-
croft and their associates, are hereby authorized and
empowered, to excavate and deepen, by digging or
otherwise, the harbor of Salem, the channels lead-
ing into said harbor, and the channel of South River
iu said Salem, so that they may be rendered more
convenient for the purposes of navigation : provided,
that such excavation or deepening shall not injuri-
ously afTect the rights of any person whatever.

[Approved by the Governor, April 15, 1836.]

QUINEBAUG RESERVOIR CO. April 16, 1836. 949

CHAP. CCXLIV.

An Act to incorporate the Qiiincbaug Reservoir
Company.

x3e it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as folloivs :

Sec. 1. Josiah J. Fiske, Charles Everett, Wil- Persons incorpo-
lard Sajles, Ebenezer D. Ammidovvn, Moses Plimp-
ton and Larkin Ammidown, their associates and
successors, are hereby made a corporation, by the
name of the Qiiinebaug Reservoir Company, for the
purpose of constructing reservoirs at the sources, and
upon the several tributary streams of the Quinebaug
River, in the county of Worcester, for the increase of
the water power of said river, and for the mutual
benefit of the mills and manufacturing establish-
ments upon said river, and its tributary streams,
and shall be entitled to all the powers, privileges
and subject to all the duties, restrictions and liabili-
ties set forth in the forty-fourth chapter of the Re-
vised Statutes, passed on the fourth day of Novem-
ber, in the year one thousand eight hundred and
thirty-five.

Sec. 2. Said corporation are hereby authorized Estate.
to make and construct all necessary dams, gates and
trenches for the purpose aforesaid, and may purchase
and hold real estate to such extent as may be neces-
sary for such purposes, not to exceed in amount the
sum of twenty-five thousand dollars, and may hold
personal estate for the purpose aforesaid, not exceed-

950 YOUTH EMPLOYED, &c. April 16, 1836.

ing twenty thousand dollars : provided, nevertheless,
that nothing in this act contained, shall at any time
impair or change, without their consent, the rights
of any individual or individuals other than the peti-
tioners.

[Approved by the Governor, April 16, 1836.]

CHAP. CCXLV.

An Act to provide for the better Instruction of Youth
employed in Manufacturing Establishments.

Be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :
SlgTshaii'"" Sec. 1. From and after the first day of April, in
schoot&?^'^ the year eighteen hundred and thirty-seven, no child
under the age of fifteen years shall be employed to
labor in any manufacturing establishment, unless
such child shall have attended some public or private
day school, where instruction is given by a teacher
qualified according to the first section of the twenty-
third chapter of the Revised Statutes, at least three
months of the twelve months next preceding any
and every year, in which such child shall be so em-
ployed.
Penalties. Sec. 2. The owncr, agent or superintendant of

any manufacturing establishment, who shall employ
any child in such establishment contrary to the pro-
visions of this act, shall forfeit the sum of fifty dol-
lars for each offence, to be recovered by indictment,

SUPPORTING BRIDGES, &c. Jpril 16, 1836. 951

to the use of common scliools in the towns respec-
tively where said establishments may be situated.

[Approved by the Governor, April 16, 1836.]

CHAP. CCXLVI.

An Act to amend an Act entitled an Act for sub-
jecting the inhabitants of a part of the town of
Danvers, called the Neck, of Land, to the charge
of maintaining and supporting certain bridges and
highways.

13 E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as folloivs :

Sec. 1. So much of said act, as requires that the
clerk and other officers, who may from time to time
be chosen in conformity with said act, shall be pro-
prietors of land within the limits of said Neck of
land, is hereby repealed.

Sec. 2. All proceedings of said corporation, and previous doings
all meetings heretofore holden, as the same are re- ^^""^"^^ "
corded on the books of the corporation, shall be of
the same force and effect as if the officers heretofore
chosen had been proprietors of land as aforesaid, and
all said meetings had been called by the competent
authority within the terms of said act.

[Approved by the Governor, April 16, 1836.]

952 JAIL LIMITS, WORC. CO. April 16, 1836.

CHAP. CCXLVII.

An Act relating to the pay of the Watchman ol the
State House.

13 E it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows :

The salary of the watchman of the state house
shall be twelve hundred dollars a year, in full for the
services of himself and his assistant ; instead of the
sum of nine hundred dollars a year, as provided in
the sixty-fifth section of the thirteenth chapter of
the Revised Statutes.

[Approved by the Governor, April 16, 1836.]

CHAP. CCXLVIII.

An Act to establish Jail Limits in the County of
Worcester.

JjE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :
Comity Com- In rcspcct to all proceedings on executions issuing

missioiicrs to cs- .1 1 • i 1 1 1

tabiish limits. upon judgmcnts, which have been or may hereafter
be recovered upon contracts made before the second
day of April, in the year one thousand eight hundred

NASHUA &L()VVELL K. R.COR. yipril 16, 1836. 963

and tliirtj-four, the county commissioners of iho
county of Worcester, are authorized to establish
limits for the jail of said count)', in tlie manner and
to the extent provided by the first section of the
eighty-sixth chapter of the statute of eigliteen hun-
dred and twenty-two.

[Approved by the Governor, Ai)ril 16, 1836.]

CHAP. CCXLIX.

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

15 E it enacted by the Senate and House of
Representatives, ^/i General Court assembled, and by
the authority of the same, as follows:

Sec. 1. Jesse Bowers, Ira Gay and Daniel Ab- Persons incorpo-

rated.

bot, then- associates and successors, are hereby made
a corporation, by the name of the Nashua and Low-
ell Rail-road Corporation, with all the powers and
privileges, and subject to all the duties, liabilitit^s
and provisions contained in that part of the thirty-
ninth chapter of the Revised Statutes, passed Novem-
ber the fourth, in the year one thousand eight hundred
and thirty-five, which relates to rail-road corporations,
and in the forty-fourth chapter of said Revised Stat-
utes ; and said corporation is hereby authorized and
empowered to locate, construct, and finally complete
a rail-road, from Lowell, in the county of Middle-
sex, to form a junction with that portion of said
Nashua and Lowell Rail-road, lying within the state
120

954 NASHUA & LOWELL R.R. COK. April 16, 1836.

of New Hampshire — the proposed rail-road com-
mencing and pursuing the course following, viz : —
Route of rail- Commencinff at the western termination of the
Straight line near the car-house of the Boston and
Lowell rail-road ; thence passing along the northern
bank of the canal, about eighteen hundred feet, to
a point a little westerly of the bridge over the same ;
thence westerly, curving a little to the north, about
one hundred and sevenij rods, to a point in said ca-
nal, about forty rods south of the guard locks ;
thence crossing said canal, and running westerly, in
the same direction, curving slightly to the south,
about two hundred and fifty-six rods, to a point about
ten rods south of black brook, crossing the high-
way about forty rods east of Whitney's house ;
thence westerly, crossing black brook, and continu-
ing a straight line about one hundred and twenty
rods, to the second lock of the locks at the head of
Middlesex canal ; thence crossing said lock, and
passing along near the south bank of Merrimack
river, about one mile, to the margin of the Merri-
mack, at the hill, about ninety-five rods east of stony
brook ; thence curving gradually to the north, to a
point near the mouth of said brook ; thence crossing
said brook, and curving gradually to the south, about
three hundred and sixty-six rods, to the Middlesex
turnpike gate ; thence passing near the eastern side
of said turnpike, about two miles, to a point near
the head of said turnpike ; thence curving to the
south, on the southern bank of the Merrimack, to
the mouth of biscuit brook ; thence curving north-
erly, and passing up the westerly bank of the Mer-
rimack, to the mouth of Butterfield's brook; thence
passing said brook, and leaving said bank, and curv-
ing gradually to the west, round the brow of the

NASHUA& LOWELL R. R. COR. April 16, 1836. 955

ridge, across the horse-shoe bend, about one mile
and one hundred rods, to the mouth of Howard's
brook ; thence crossing the same near its mouth,
and running along the bank of the Merrimack, to
tlie northern line of the state, so as to unite with
that part of the Nashua and Lowell Rail-road, lying
within the state of New Hampshire ; or the said
corporation may commence their road at some con-
venient point near the Boston and Lowell rail-road,
south of the Patucket canal, and run near the mar-
gin of said canal, till they meet the line before de-
scribed.

Sec. 2. The capital stock of said corporation Amount of stock.
shall consist of a sum not exceeding three hundred
thousand dollars, to be divided into shares of one
hundred dollars each; and said corporation may pur-
chase and hold such real estate as may be necessary
for a depot, and other purposes connected with the
use of said road.

Sec. 3. Said corporation are hereby authorized Emranceupon

1 -^ tlie Boston and

to enter, with their rail-road, on that point of the Loweii railroad.
Boston and Lowell rail-road, designated in the first
section of this act, or within thirty rods, in either
direction from said point, paying for the right to use
the same, or any part thereof, such a rate of toll as
the legislature may from time to time prescribe, and
complying with such rules and regulations as may
be established by said Boston and Lowell rail-road
corporation, by virtue of the fifth section of their
act of incorporation. Provided, however, that it
shall be the duty of the corporation hereby created,
to enter the said Boston and Lowell rail-road by
such proper turn-outs or switches as will not unrea-
sonably incommode the travel upon the said Boston
and Lowell rail-road, and pay all the expenses inci-

956 NASHUA & LOWELL R.llXOR. y^^^nV 1 6, 1 83G.

dent to, cind in consequence of any alterations ne-
cessary in said Boston and Lowell rail-road, to ena-
ble them to enter upon it in a proper manner.

Sec. 4. If the amount of stock of said rail-road
shall not have been subscribed for, the corporation
organized, and the location of the road filed with
the county commissioners of the county of Middle-
sex, previous to the first day of January, in the year
one thousand eight hundred and thirty-seven ; or if
said corporation shall fail to complete the said road
on or before the first day of September, in the year
one thousand eight hundred and thirty-eight, this
act shall be void.
Time of rompie- ^£0. 5. NothiuG; contaiucd in this act shall au-

tion of road. <!tc. ~

thorize said corporation to erect any pier or other
obstruction in the Patucket or Middlesex canal, and
if they construct their rail-road across either of said
canals, they shall not in any way obstruct the safe
and convenient use of said canals.
Legislature may Sec. 6. Thc legislature mav, after the expira-

alter tolls, &c. ^ *= _ *^ ' _ ^ *

tion of four years from the time when this rail-road
shall be open for use, from time to time, alter or re-
duce the rate of tolls and other profits upon said
road ; but the said tolls shall not, without the con-
sent of said corporation, be so reduced as to produce
with said profits less than ten per cent, per annum.

[Approved by the Governor, April 16, 1836.]

CHANGE OF NAMES. April 16, 1836. 957

CHAP. CCL.

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

13 E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows:

Abram Babcock may take the name of George Suffolk.
Williams Abram Babcock ; William Hiilin may take
the name of William Hulin Clifton ; John French
may take the name of John Marshall French ;
Charles Robert Andrews a minor son of Elizabeth
Andrews may take the name of John Dudley An-
drews ; Abel Munroe may take the name of Abel B.
Munroe ; Caroline Louisa Grosvenor may take the
name of Louisa Grosvenor ; John Calrow may take
the name of John Glover Calrow ; William Calrow,
Jr. may take the name of William Howard Calrow ;
Thomas Calrow may take the name of Thomas
Baldwin Calrow ; Patrick Cavanah may take the
name of William Pollard Cavanah ; John Hunting
Capen, a minor, may take the name of John Capen ;
Charles Cunningham, a minor, may take the name of
Charles West Cunningham ; Lydia Emily Coffin, a
minor, may take the name of Lydia Emily Coffin
Morse ; John Stoddard may take the name of John
D. Stoddard ; William Smith may take the name of
Marcellus Judson Smith ; Joseph Saunders Coffin, a
minor, may take the name of Joseph Saunders ;
Percival Eaton Howe, a minor, may take the name
of John Percival Howe ; Gookin Parker may take

958 CHANGE OF NAMES. April 16, 1836.

the name of William Gookin Parker ; all of the city
Essex. of Boston in the county of Suffolk. Peter Russell

of Lynnfield, may take the name of Helon Russell ;
William Burnham fifth of Essex, may take the name
of William Haskell Burnham; Frederick Griffin of
Essex, a minor, may take the name of Frederick
Perkins Gardiner ; Susan Eliza Wood of Gloucester,
a minor, may take the name of Susan Bartlett Has-
kell ; Ahira Putnam of Danv'ers, may take the name
of Ahira Herrick Putnam ; Louisa Stickney of Sa-
lem, may take the name of Louisa D. Kent; Nancy
Collins Johnson of Salem, may take the name of
Emily Collins Johnson ; Samuel Bartlett of West
Newbury, may take the name of Samuel Waldo
Bartlett ; John Currier fourth of Amesbury, may
take the name of John Henry Currier ; Israel Fos-
ter 3rd, of Beverly, may take the name of Israel
Wallace Foster ; Joseph Cole of Ipswich, may take
the name of Joseph D. Salisbury ; Abigail Cole of
Ipswich, may take the name of Abigail L. Salisbu-
ry ; Joseph Very of Danvers, may take the name of
Joseph Dempsey Very ; Ansel Putnam, a minor
son of Daniel Putnam of Danvers, may take the
name of Ansel Wallace Putnam ; Mary Jane Morse
of Haverhill, a minor, may take the name of Mary
Jane Smith; Charles Henry Kent of Rowley, may
take the name of Charles H. Webster ; Sarah Mer-
rill Kent of Rowley, may take the name of Sarah
Augusta Webster ; Lavina Kimball of Amesbury,
a minor, may take the name of Lavina Kimball
Pressey ; Benjamin Foster 4th of Beverly, may take
the name of Benjamin Lovett Foster ; Mary Phillips
Abbott of Andover, may take the name of Mary
Elizabeth Phillips Abbott ; Moody Russell of Mid-
dleton, may take the name of Samuel M, Russell ;

CHANGE OF NAMES.

Ajjril 16, 1836.

959

all of the county of Essex. Anthony Vaughn Baker
of Cambridge, may take tlie name of Anthony
Vaughn Fletcher; Martha Baker of ('ambridge,
may take the name of Martiia Fletcher ; Martha
Elizabeth Baker, a minor daughter of Anthony
Vaughn Baker, may take the name of Martha Eliza-
beth Fletcher ; Benjamin Franklin Smith, a minor
of Woburn, may take the name of Benjamin Frank-
lin Oakes Smith ; Georgiana Beymond of Maiden,
a minor, may take the name of Mary Ann Faulkner;
Matthew Thomas Kidder Adams Griflin of West-
ford, may take the name of George Adams Griffin ;
Sarah Mclntire of Reading, may take the name of
Sarah Flint ; William Newell of Brighton, may take
the name of William Whiting Wheaton Newell ;
Reuben Seiders of Cambridge, may take the name
of Richard Thomas Austin ; Mary Jane Sanborn of
Lowell, may take the name of Mary Jane Rollins ;
Ira Hodgman of Ashby, may take the name of
Charles Day ; Nathan Goodale of Marlboro', may
take the name of Nathan Munroe Goodale ; James
Francis Smiley of Groton, a minor, may take the
name of James Tarbell ; Samuel Brown Stone of
Natick, may take the name of Warren Stone ; all of
the county of Middlesex. Jonathan Sawyer of Har-
vard, a minor, may take the name of Augustus Jona-
than Sawyer; Royal C. Chesmoreof Fitchburg, may
take the name of Henry Otis Rockwell; Dolly Wil-
der of Leominster, may take the name of Frances
Hills Wilder ; Jesse Trickey of Worcester, may
take the name of Ivers R. Harvey ; Elijah Hitch-
cock of Sturbridge, a minor, may take the name of
William Henry Hudson ; Willard Billings of Wor-
cester, may take the name of John Willard Billings;
George Merriam Pride of Fitchburg, may take the

Middlesex.

Worcester.

960 CHANGE OF NAMES. April 16, 1836.

name of George Henry Merriam ; Gibson Colburn
of Northborough, may take the name of Henry Gib-
son Colbourn ; Samuel Adams Hitchcock of Stur-
bridge, may take the name of Samuel Adams Hud-
son ; Mehitable Rand of Westminster, may take the
name of Ellen Mehitable Rand ; Benjamin Taft, Jr,
of Southbridge, may take the name of Merrick Lu-
ther Taft ; Jonathan Orcutt, Jr. of Athol, may take
the name of George Richardson Orcutt ; Jonah T.
Houghton of Berlin, may take the name of Henry
Taylor Houghton ; Jonathan C. Sloan of Hardwick,
may take the name of Henry Clinton ; Henry Tay-
lor of Leominster, may take the name of George
Henry Taylor; Moses Sawyer Hastings of Berlin,
may take the name of Christopher Sawyer Hastings;
John Crouch of Brookfield, may take the name of
John Clayton ; Benjamin Moon of Charlton, may
take the name of Benjamin Brooks; Charlotte
Moon of Charlton, may take the name of Charlotte
Brooks ; Stephen Moon, Jr. of Charlton, may take
the name of Stephen Brooks ; Eunice Moon of
Charlton, may take the name of Eunice Brooks;
Louisa and Laurenda, minor children of Stephen
Moon, may take the surname of Brooks ; Samuel
Lynn Fiske of Southbridge, may take the name of
Samuel Lyon Fiske ; Olerton Cushman Silvester of
Leicester, may take the name of Oliver Cushman
Silvester ; William Clark of Spencer, may take the
name of Orlendo Russell ; Charles Augustus Mun-
roe of Shrewsbury, may take the name of Charles
Augustus Harrington ; Aaron Lyon, Jr. of Spencer,
may take the name of Charles C. Pinckney ; Asa
B. Howe of Leominster, may take the name of
Webster B. Randolph ; Cheney Hill of Spencer,
may take the name of Cheney Leander Mandell ;

CHANGE OF NAMES.

April 16, 1836.

961

Lewis Trescott of Lancaster, may take the name of
Lewis Erastus Trescott; Ballou Buffum of Men-
don, may take the name of David Ballou Buffum, all
of the county of Worcester. Nehemiah Hoar of FranUin.
Greenfield, may take the name of Nehemiah Hunt ;
Charles Sawyer of Colraine, may take the name of
Charles Carpenter ; Lathrop Delano of Montague,
may take the name of Edward Lathrop Delano ;
Leonard Chenery of Montague, may take the name
of Edward Wells Chenery; Fanny Eliza Petton of
Buckland, a minor, may take the name of Fanny
Eliza Smith ; Smith Downing of Sunderland, may
take the name of Smith Downing Elliott ; all of the
county of Franklin ; Clarinda Clark of Granby, a Hampshire.
minor, may take the name of Sarah Clarinda Clark;
Lewis Ford of Cummington, a minor, may take the
name of Lewis Thayer Ford ; Thomas James
Quance of Hadley, may take the name of James
Whitmarsh ; Isaac Tubbs, Susan Tubbs, Isaac N.
Tubbs and Phebe Tubbs of Cummington, may sev-
erally take the surname of Allen ; Daniel B. Tubbs
and Henry M. Tubbs of Cummington, minors, may
severally take the surname of Allen ; Larry Chapin
of South Hadley, a minor, may take the name of
Joseph Corbin Chapin ; William Watson Witt of
South Hadley, a minor, may take the name of Wil-
liam De Witt ; Cornelia Dexter Bridges of Ware, a
minor, may take the name of Cornelia Adeliza
Gould ; Philena Bates of Cummington, may take the
name of Philena Ford ; John Witt, Jr. of Granby,
may take the name of John De Witt; Caroline Witt
of said Granby, may take the name of Caroline De
Witt; Charles Smith of Northampton, may take the
name of Charles Pomeroy ; all of the county of
Hampshire. Joseph Bull, Jr. of VVestfield, may Hampden.
121

962

CHANGE OF NAMES.

Jpril 16, 1836.

Berkshire.

Bristol.

Barnstable.

Norfolk.

Plymouth.

take the name of Edward Joseph Bull ; Alured B.
Hitchcock of Brimfield, may take the name of John
Boyden Austin ; Franklin K. Thrall of Blandford, a
minor, may take the name of Franklin Knox Oat-
ley ; all of the county ol Hampden. John Smith of
Williamstovvn, may take the name of John Ledden-
hurst Smith ; Benjamin Remington, Jr. of Savoy,
may take the name of Benjamin Franklin Reming-
ton ; all of the county of Berkshire. Allen Luther,
Jr. of Dighlon, a minor, may take the name of Al-
len Wardwell Luther ; George Luther of Somerset,
a minor, may take the name of George Bowers Lu-
ther ; William Cole of New Bedford, may take the
name of William Bowen Cole ; all of the county of
Bristol. Amanda Cotton of Yarmouth, a minor,
may take the name of Amanda Parker Cotton ;
Pinkham Baker of Yarmouth, a minor, may take the
name of Frederick Pinkham Baker ; Franklin Hal-
let of Yarmouth, a minor, may take the name of
Joseph Franklin Hallet, all of the county of Barn-
stable. Samuel Davis Heath of Roxbury, may take
the name of William Samuel Heath ; William Pat-
rick of Roxbury, Elizabeth Mills Patrick, wife of
said William Patrick, William Barry Patrick and
Rebecca Barry Patrick, minor children of said Wil-
liam, may severally take the surname of White ; all
of the county of Norfolk. Billa Bryant of Roches-
ter, may take the name of William Bryant; William
Clapp of Scituate, may take the name of Allen
Clapp ; all of the county of Plymouth. And the
several persons before mentioned, from and after the
passing of this act, shall be known and called by the
names, which by this act they are respectively al-
lowed to assume a& aforesaid, and said names shall

FREEMAN'S BANK. April 16, 1836. 963

hereafter be considered as their only proper and legal
names to all intents and purposes.

[Approved by the Governor, April 16, 1836.]

CHAP. CCLI.

An Act to establish the Freeman's Bank in Boston.

UE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. Levi Bliss, Andrew Drake and Prentiss Persons incorpo-

I • • 1 rated.

Hobbs, then- associates and successors, are hereby
made a corporation, by the name of the President, Di-
rectors and Company of the Freeman's Bank, to be
located in that part of the city of Boston, known by
the name of Sea street, and shall so continue until
the first day of October, in the year one thousand
eight hundred and fifty-one, and shall be entitled to
all the powers and privileges, and be subject to all
the duties, liabilities and requirements contained in
the thirty-sixth chapter of the Revised Statutes,
passed on the fourth day of November, in the year
one thousand eight hundred and thirty-five.

Sec. 2. The stock of said bank, shall be trans-
ferable only at its banking-house and in its books.

Sec. 3. The capital stock of said corporation Amount of stock.
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 :

964 GRAND BANK. Jpril 16, 1836.

When to be paid provided, the whole be paid in on or before the first
day of January next.

Sec. 4. A majority of the directors shall reside
south of Summer street in said Boston.

[Approved by the Governor, April 16, 1836.]

CHAP. CCLII.

An Act to increase the Capital Stock of the Grand

Bank.

JjE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as folloivs :

Sec. 1. The President, Directors and Company
of the Grand Bank are hereby authorized to in-
crease their present capital stock, by an addition
thereto of twenty-five thousand dollars, in shares of

When to be paid one hundred dollars each; which shall be paid in
such instalments as the president and directors of
said bank may direct and determine : provided, that
the whole amount shall be paid in, on or before the
tenth day of October next.

Sec. 2. The additional stock aforesaid, shall be
subject to the like tax, regulations, restrictions and
provisions, to which the present capital stock of said
bank is now subject.

Certificate. Sec. 3. Bcfore Said corporation shall proceed to

do business upon said additional capital, a certificate,
signed by the president and directors, and attested
by the cashier, that the same has been actually paid

WALTHAM BANK. April 16, 1836. 965

into said bank, shall be returned into the office of
the secretary of the Commonwealth.

[Approved by the Governor, April 16, 1836.]

CHAP. CCLIII.

An Act to establish the Waltham Bank.

Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows :

Sec. 1. Luke Fiske, George Miller, Nathaniel Persons mcorpo-

, rated.

Maynard, their associates and successors, are hereby
made a corporation, by the name of the President,
Directors and Company of the Waltham Bank, to be
established in Waltham, in the county of Middlesex,
and shall so continue until the first day of October,
in the year 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 re-
quirements contained in the thirty-sixth chapter of
the Revised Statutes, passed the fourth day of No-
vember, in the year one thousand eight hundred and
thirty-five.

Sec. 2. The stock of said corporation shall be
transferable only at its banking house and in its
books.

Sec. 3. The capital stock of said corporation Amount of stock,
shall consist of one hundred thousand dollars, to be
divided into shares of one hundred dollars each, to
be paid in such instalments, and at such times, as

966 BOSTON & PROV. R. R. COR. April 16, 1836.

When to be paid the Stockholders may direct : provided, the whole be
paid in on or before the first day of January next.

[Approved by the Governor, April 16, 1836.]

CHAP. CCLIV.

An Act to authorize the Boston and Providence
Rail-road Corporation to increase their Capital
Stock.

j3E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, asfolloivs :
Amount of in- The Bostou and Providence Rail-road Corporation

crease of stock. i • i i r i • r

are hereby authorized to make a further mcrease oi
their capital stock, to an amount not exceeding five
hundred thousand dollars, by creating an additional
number of shares, not exceeding five thousand, of
one hundred dollars each, the said shares to be ap-
portioned among the present stockholders pro rata ;
and the same to be assessed by instalments, from
time to time, as the directors shall find it expedient,
the amount thus raised to be applied for the purposes
specified in their original act of incorporation, and
the acts in addition thereto : provided, that the said
corporation, in regard to the right of the Common-
wealth to purchase said rail-road, shall be subject to
the provisions of the eighty-fourth section of the
thirty-ninth chapter of the Revised Statutes, {)assed
on the fourth day of November, in the year one
thousand eight hundred and thirty-five, any thing
contained in an act in addition to their act of incor-

BANKS MAY ISSUE P. NOTES. Jpril 16, 1836. 967

poration, passed on the twenty-ninth day of Febru-
ary, in the year one thousand eight hundred and
thirty-two, to the contrary notwithstanding.

[Approved by the Governor, April 16, 1836.]

CHAP. CCLV.

An Act authorizing Banks to borrow money, and
issue Post Notes.

13E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows:

The banks already established, and those which
may hereafter be incorporated in this Commonwealth,
may borrow money, and issue therefor post notes upon
time, and bearing interest at not less than four and
one half per cent, per annum, any thing in the thirty-
sixth chapter of the Revised Statutes, passed the
fourth day of November, in the year one thousand
eight hundred and thirty-five, to the contrary not-
withstanding : provided, the amount of such loans
and issues by any bank shall not at any time exceed
twenty-five per cent, of the capital stock of such
bank actually paid in.

[Approved by the Governor, April 16,1836.]

968 WOBURN BANK. April 16, 1836.

CHAP. CCLVI.

An Act in addition to the eighty-third chapter of the
Revised Statutes, concerning the Probate Court.

Be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

In addition to the probate courts, provided to be
held in the county of Hampshire, by the eighty-third
chapter of the Revised Statutes, there shall be a
probate court held every year at Amherst, on the
second Tuesday of April, and at Belchertown on the
second Tuesday of February.

[Approved by the Governor, April 16, 1836.]

CHAP. CCLVII.

An Act to establish the Woburn Bank.

Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the sa^ne, as follows:
Persons incorpo- Sec. 1. Johu Wadc, Bovvcu Buckmau and Au-
gustus Plympton, their associates and successors,
are hereby made a corporation, by the name of the
President, Directors and Company of the Woburn
Bank, to be located in the town of Woburn, and

rated

STATE PRISON. ytpril 16, 1836. %9

shall so continue until the fust day of Octolx-r, in
the year one thousand eight hundred and (ifty-one,
and shall be entitled to all the jirivileges and powers,
and suhjeet to all the duties, liahilities and require-
ments contained in the thirty-sixth (;haj)ter of the
Revised Statutes, passed the fourth day of Novem-
ber, in the year one thousand eight hundred and
thirty-five.

Sec. 2. The stock in said bank shall be trans-
ferable only at its banking house and in its books.

Sec. 3. The capital stock of said corporation Amount of stock.
shall consist of one hundred thousand dollars, to be
divided into shares of one hundred dollars each, to
be paid in such instalments, and at such times, as
the stockholders may d'lvect: provided, the vvhole j^'^'^" '° ""^ p^'*^
be paid in on or before the first day of January next.

[Approved by the Governor, April 16, 1836.]

CHAP. CCLVIII.

An Act in addition to the one hundred and forty-
fourth chapter of the Revised Statutes, " of the
State Prison and the government and discipline
thereof."

13 E it enacted by the Senate and House of Rep-
resentatives, in General Court assetnbled, and by
the authority of the same, as follows :

From and after the first day of April current, each
of the turnkeys in the state prison shall receive a
salary of five hundred and fifty dollars, and each
122

970 BOSTON WHARF CO. April 16, 1836.

watchman a salary of four hundred dollars a year,
and the governor, with the advice and consent of the
council, may allow to each of the turnkeys and
watchmen of that institution, a sum not exceeding
fifty dollars per annum, in addition to their present
salaries, when in their opinion the interest of the
institution may require it ; and also sufficient fuel
for all officers of the prison residing or boarding with-
in the limits thereof.

[Approved by the Governor, April 16, 1836.]

CHAP. CCLIX.

An Act to incorporate the Boston Wharf Company.

x3E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority oj the same, as follows :
^^^^ovis mcoT^o- Sec. 1. Cyrus Alger, Hall J. How, Josiah Dun-
ham, their associates and successors, are hereby
made a corporation, by the name of " The Boston
W^harf Company," with all the powers and privi-
leges, and subject to all the duties, restrictions and
liabilities set forth in the forty-fourth chapter of
the Revised Statutes, passed on the fourth day of
November, in the year one thousand eight hundred
and thirty-five.

Sec. 2. The said corporation may take and hold
all or any part of the land and flats, with their privi-
leges and a})purtenances lying in South Boston, and
whereof the said corporation shall legally acquire the

BOSTON WHARF CO. April 16, 1836. 971

property from the lawful owners of the same, that is
to say, a parcel of land bounded and described as
follows, to wit: beginniniT at a point about four ^"""^'^''^s of

' o O 1 ^ real estate.

hundred and seventeen feet easterly of Turnpike
street, and bounding southerly on First street, about
eight hundred and twenty-two feet ; easterly on land
now or lately of the Glass Company as far as pri-
vate rights to said flats extend ; and westerly on land
now or lately of Winslow and others, as far as pri-
vate rights to said flats extend ; and the said corpo-
ration may receive dockage and wharfage for vessels
laid at their wharves; and may, conformably to the
provisions of such by laws as shall, from time to
time, be established by them, make any convey-
ances of their corporate property, and lease, manage
and improve their said property as they shall deem
expedient. And the said corporation may also hold
any personal property to an amount not exceeding
one hundred thousand dollars.

Sec. 3. The said corporate property shall be Numberof

'■ 11^ shares, &c.

divided into twelve hundred shares of five hundred
dollars each, and assessments may be made from
time to time thereon, not exceeding the said sum of
five hundred dollars on each share, and in case any
proprietor shall not pay such assessments as may be
laid on his share or shares, the said corporation may
cause the same to be sold by public auction, after
fourteen days notice, in one or more daily newspa-
pers published in the city of Boston, and the surplus,
if any shall remain after paying the assessments, to-
gether with interest and incidental charges, shall,
upon request, be paid over to such proprietor, and
the purchaser shall be entitled to a certificate of the
share or shares so sold : provided, ahvays, that all
assessments on the shares shall be agreed to by at

972 DORCHESTEIl WHAL'G CO. April 16, 1836.

least two tliirds in number of the votes of proprie-
tors present, or represented in writing at any meet-
ing, of which meeting, public notice in one or more
daily newspni)ers published in said city of Boston,
shall be given seven days at least previously thereto.

Sec. 4. Each share in the said corporation shall
entitle the proprietor to one vote : provided, howev-
er, no j)roprietor shall be entitled to more votes than
one fourth of the whole number of shares.

Sec. 5. Nothing herein contained shall be con-
strued to authorize said corporation to obstruct or
encroach u])on the channel, or in any way to infringe
or interfere with the rights of the Commonwealth
in any flats in the harbor of Boston, or with the
legal rights of any other ])erson or persons.

[Approved by the Governor, April 16, 1836.]

CHAP. CCLX.

An Act to incorporate the Dorchester Whaling Com-
pany.

Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows:
Persons incorpo- Sec. 1. Elisha Preston, Josiah Stickuey, Chatlcs
O. Whitmore, their associates and successors, are
hereby made a corporation, by the name of the
Dorchester Whaling Company, for the purpose of
carrying on the whale fishery and manufacturing oil,
and for this purpose shall have all the powers and

DORCHESTER WHAL'G CO. April 16, 1836. 973

privileges, and be subject to all the duties, restric-
tions and liabilities set forth in the forty-fourth chap-
ter of the Revised Statutes, passed on the fourth
day of November, in the year one thousand eight
hundred and thirty-five.

Sec. 2. Said corporation may hold such real es- Estate.
tate, in the town of Dorchester, not exceeding fifty
thousand dollars in value, and such personal estate,
not exceeding three hundred thousand dollars, as
may be necessary and convenient for carrying on the
business aforesaid.

Sec. 3. The private property of the stockhold- I'nvate property

* ^ 11./ holden.

ers, for the time being, and of those who shall be
stockholders at the time when any debt shall be
contracted, shall be holden for the payment of such
debt, and may be taken therefor on any execution
issued against the corporation for such debt, in the
same manner as on executions issued against them
for their individual debts.

Sec. 4. Any stockholder, who shall pay any Remedy of

J , P , • r I'll- 1 !• 1 I stockholders in

deDt or the corporation, lor which he is made liable certain cases.
by this act, shall have the same remedies for the re-
covery of the amount so paid, or any portion there-
of, as are provided in the thirty-second section of
the thirty-eighth chapter of said Revised Statutes.

Sec. 5. The provisions of the thirty-eighth chap-
ter of the Revised Statutes aforesaid, with the ex-
ception of the thirty-second section thereof, shall
not be applicable to the corporation hereby created.

Sec. 6. Every certificate of shares in said com- Certificate of
pany, which shall be issued by the clerk of said cor-
poration, shall contain, printed on the back thereof,
a copy of the provisions of the third section of this
act.

[Approved by the Governor April 16, 1836.]

974 EPISC. DIVINITY SCHOOL. Jpril 16, 1836.

CHAP. CCLXI.

An Act to incorporate the Trustees of the Episcopal
Divinity School in Massachusetts.

x3E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as folloivs :
Persons incorpo- Sec. 1. Alcxandcf Victs Griswold, Jonathan M.

rated.

Wainwright, Theodore Edson, Edward Tuckerman
and Simon Greenleaf, with their associates, to be
chosen as hereinafter provided, are hereby constituted
a corporation, by the name of the Trustees of the
Object of corpo- Episcopal Divinity School in Massachusetts, for the

ration. r -i • f ... 1

purpose or educatmg young men or competent tal-
ents, pure morals and piety, for the Christian minis-
try, in such manner as the trustees for the time be-
ing shall direct, with power to take and hold any
estate, real or personal, exclusively for the purpose

Limit of income, aforcsaid I provided, the annual income thereof shall
never exceed the sum of fifteen thousand dollars.

Trustees. Sec. 2. The board of said trustees, when com-

pleted, shall consist of twelve persons, six of whom
shall be clergymen and six laymen, and a majority
of the existing trustees shall be necessary to consti-
tute a quorum for the transaction of any business,
except to adjourn.

First meeting, Sec. 3. Any two of the persons, named as trus-

tees in this act, may appoint the time and place of
the first meeting of the corporation, by giving notice
thereof to their associates two days previous thereto,
at which meeting, after the organization thereof, the

WASH'TON F. & M. INS. CO. April 16, 1836. 975

vacancies in the board of trustees shall be filled by
written ballots, so that the same shall consist of
twelve trustees, as aforesaid, and no other business
shall be transacted until the persons so elected shall
have had due notice of their election. Every future vacancies in
vacancy in the board shall be filled as soon as may how filled.
be, by the written ballots of a majority of the existing
trustees, at a meeting duly called for the purpose,
and all meetings, after the first, until the trustees
shall otherwise order, shall be called by written no-
tice, issued by the senior member thereof to each
trustee, ten days at least before the meeting ; and
no trustee shall receive out of the funds of said in-
stitution any pay or emolument for his personal ser-
vices or expenses as trustee.

Sec. 4. The said corporation shall have all the
powers and privileges, and be subject to all the du-
ties, restrictions and liabilities contained in the forty-
fourth chapter of the Revised Statutes, passed on
the fourth day of November, in the year one thou-
sand eight hundred and thirty-five.

[Approved by the Governor, April 16, 1836.]

CHAP. CCLXII.

An Act to change the name of the Washington
Fire and Marine Insurance Company.

oE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

The corporation now known by the name of the

976 CAPITAL OF BANKS. April 16, 1836.

Washington Fire and Marine Insurance Company,
shall be allowed to take the name of the Washing-
ton Insurance Company.

[Approved by the Governor, April 16, 1836.]

CHAP. CCLXin.

An Act relating to the increased capital of Banks.

13 £ it enacted by the Senate and House of Rep-
resentatives^ in General Court assembled, and by the
authority of the same, as follows:

The increased capital granted to any bank may
be paid in such instalments, not exceeding four, as
the directors thereof may determine, and whenever
any instalment shall be actually paid in, and a cer-
tificate thereof forwarded to the secretary of state,
as provided in the act granting the increase, such
bank may operate upon the same in proportion to
the amount so paid in, any law to the contrary not-
withstanding.

[Approved by the Governor, April 16, 1836.]

FALL RIVER MILL-ROAD CO. April 16, 1836. 977

tions.

CHAP. CCLXIV.

An Act in addition to an " act to incorporate the
Fall River Mill-road, Rail-road and Ferry Com-
pany."

J3F it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. The Fall River Mill-road, Rail-road fori'„7p"ovl°"
and Ferry Company are hereby authorized to enter, on"c'e^rScoudi-
with their rail-road, upon the Boston and Provi-
dence Rail-road, at or near India point bridge,
in the town of Seekonk, as is provided by the twelfth
section of the act establishing the Boston and Provi-
dence Rail-road Corporation, paying a reasonable
compensation therefor : provided, however, that the
corporation created by the act to which this is an
addition, shall enter the said Boston and Providence
Rail-road, by such proper turnouts or switches as
will not unreasonably incommode the travel upon
the Boston and Providence Rail-road, and shall leave
them in such a state as not to interfere with the free
use of said road, and shall pay all expenses incident
to and in consequence of any alterations necessary
in said Boston and Providence Rail-road, to enable
them to enter upon it in a proper manner.

Sec. 2. Four fifth parts of that portion of the
rail-road constructed by virtue of the act to which
this act is an addition, which lies between the point
where the said rail-road crosses the easterly ravine

123

Khode Island
part of the road

978 FALL RIVER MILL-ROAD CO. 4?n716, 1836.

which enters into Vial's creek in Seekonk, and the
point where it enters upon the Boston and Provi-
dence Rail-road, shall, for all the purposes specified
in the act to which this is an addition, be deemed to
be in the state of Massachusetts.
Provisions in re- Sec. 3. The Said corporation may expend such

e-ard to the ' .

sums of money as shall be found expedient and ne-
cessary in constructing, completing and maintaining,
in good repair, said rail-road, through that portion of
the course thereof, that is included within the bounds
of the state of Rhode Island and Providence Plan-
tations : provided, that the same be done without
any contravention of the laws of said state ; and pro-
vided, also, that said corporation shall charge the
same per mile for tolls and transportation, on that
part of their road situated in the state of Rhode Is-
land and Providence Plantations, as is charged on
that part of their road situated in this state.

Sec. 4. The said company, in regard to the
right of the Commonwealth to purchase said rail-
road, and all the franchises of said company, shall be
subject to the provisions of the eighty-fourth section
of the thirty-ninth chapter of the Revised Statutes,
passed on the fourth day of November, in the year
one thousand eight hundred and thirty-five, any
thing contained in the eighteenth section of their
act of incorporation to the contrary notwithstanding.

[Approved by the Governor, April 16, 1836.]

MIDDLESEX MILL-DAM CO. Jpril 16, 1836. 979

CHAP. CCLXV.

An Act to incorporate the Middlesex Mill-Dam
Company in Charlestown.

I3E it enacted by the Senate and House of Rep-
resentatives^ in General Court assembled^ and by the
authority of the same^ as follows :

Sec. 1. Henry Jaques, Abijah Goodridge, and P^j^^^on^ incorpo-
Thomas Hooper, their associates and successors, are
hereby made a corporation, by the name of the Mid-
dlesex Mill-Dam Company, with all the powers and
privileges, and subject to all the duties, liabilities
and provisions contained in the forty-fourth chapter
of the Revised Statutes, passed on the fourth day of
November, in the year one thousand eight hundred
and thirty-five.

Sec. 2. The said company are hereby authori- Powers and priv-

A •' •/ lieges 01 the com-

zed and empowered to locate, construct, and com- p^°^-
plete a mill-dam, from the upland, at or near the
turpentine works, so called, in Charlestown, across
the bay and flats, southwesterly of the present wharf
of the state prison, to the upland, on the northerly
side of Miller's creek, at or near the estate of the
McLean asylum ; which dam shall not be less than
forty feet wide, nor more than sixty feet wide
on the top, and may be so constructed, as that said
company may erect mills and factories at the sides
thereof. The said company are hereby also author-
ized to construct and maintain wharves, race-ways,
sluice-ways, buildings, locks, gates, machinery, and
all other things necessary or proper for mills and

980 MIDDLESEX MILL-DAM CO. April 16, 1836.

factories at said dam ; and shall build and complete
in said dam a lock sufficient for the accommodation
of the Middlesex canal, and a sluice-way, not less
than twenty feet wide, for the passage of rafts, — and
may make any arrangements, they may deem need-
ful, with the proprietors of said canal, concerning
the building and completion of said dam and lock,
and the management of said lock, and concerning
the property owned by said proprietors, and lying
northerly of said proposed dam. And said company
shall have the right to demand and receive wharfage
and dockage from all vessels lying at said dam, or
at any wharf of said company ; and may sell and
convey, or lease the right to use any of the water
inclosed by their said dam, and also any mill-sites,
lands, or other property of said company, on such
terms as they may deem expedient. And whenever
the county of Middlesex, or the town of Charles-
town, with the consent of said company, shall accept
a road passing over said dam, and assume the charge
of keeping it in repair, the same shall be opened and
used for all the usual purposes of a public highway
forever, free from toll. And the said company may
make any arrangements for laying on and over said
dam the track or tracks of any rail-road corporation,
upon such terms as the directors of the company
hereby established, and of said rail-road corporation
shall agree.
Amount of stock. Sec. 3. The Capital stock of the said Middlesex
Mill-Dam Company shall consist of not less than three
hundred, nor more than six hundred shares, the num-
ber of which shall be determined, from time to time,
by said company, or by the directors thereof; and
no assessments shall be laid thereon of a greater
amount in the whole than five hundred dollars on

MIDDLESEX MILL-DAM CO. Jpril 16, 1836. 981

each share. And the capital stock of said company

shall be three hundred shares, until that number shall

be increased in the manner herein before provided.

And if the said shares shall not have been sub- Time of comple-
tion, &c.

scribed for, and the corporation^ organized before the
first day of January, in the year one thousand eight
hundred and thirty-seven, or if said company shall
not complete said dam, of the width of at least forty
feet on the top thereof, on or before the first day of
January, in the year one thousand eight hundred and
forty, this act shall be void.

Sec. 4. His excellency the governor, by and *^°^^':?°'" ^"'^ „

'' ~ 'J council may sell

with the advice and consent of the council, is hereby |^f,°an^ds""&r'
authorized to sell, exchange, or otherwise dispose
of, to the said company, such part of the land and
flats of the Commonwealth, lying without the walls
and fences of the state prison, for the location and
completion of said dam, in such manner, and upon
such terms as they may deem for the interest of the
Commonwealth, — and also make such arrangements
with said company concerning the building of said
dam, and the filling up of the flats, as shall be con-
sidered just and expedient. And said dam shall not
be made until his excellency the governor, by and
with the advice and consent of the council, shall
have approved of the location and proposed mode of
building of so much thereof, as shall be constructed
over the land and flats of the Commonwealth near
the state prison, nor until the company hereby es-
tablished, shall have purchased of the proprietors of
the Middlesex canal, their interest in the mills and
mill-pond lying northerly of the proposed dam.

Sec. 5. The said company shall pay all dama- j;7ers"onsr&c!''"
ges which any corporation, person or persons, shall
sustain by the building of said dam, or by the exer-

982 FULTON IRON FOUNDRY CO. April 16, 1836.

cise of any of the rights and powers herein granted
to said company, — which damages shall be recover-
ed in the manner provided in the twenty-fourth and
thirty-ninth chapters of the said Revised Statutes,
for the recovery of damages for laying out highways
and rail-roads : provided, that no application for
damages shall be instituted against said company,
unless made to the county commissioners of the
county of Middlesex, within one year from the time
when the same shall have happened.

[Approved by the Governor, April 16, 1836.]

CHAP. CCLXVI.

An Act to incorporate the Fulton Iron Foundry
Company.

Be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. George C. Thacher, Thomas Thacher,
William G. Billings, their associates and successors,
are hereby made a manufacturing corporation, by
the name of the Fulton Iron Foundry Company, for
the purpose of manufacturing iron and steel, in the
city of Boston, in the county of Suffolk, and for
this purpose shall have all the powers and privileges,
and be subject to all the duties, restrictions and lia-
bilities set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes, passed on the
fourth day of November, in the yeai' one thousand
eight hundred and thirty-five.

Persons incorpo-
rated.

N. BED. & FALL R. R. R. CO. April 16, 1836. 983

Sec. 2. The said corporation may hold, for the ^^'^'°*
purposes aforesaid, real estate to the amount of one
hundred thousand dollars, and the whole capital
stock of said corporation shall not exceed the amount
of two hundred thousand dollars.

[Approved by the Governor, April 16, 1836.]

CHAP. CCLXVII.

An Act to incorporate the New Bedford and Fall
River Rail-road Company.

Be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. Andrew Robeson, Harvey Chace and Persons incorpo-

rated.

Charles W. Morgan, their associates and successors,
are hereby made a corporation, by the name
of the " New Bedford and Fall River Rail-road
Company," with all the powers and privileges, and
subject to all the duties, liabilities and provisions
contained in that part of the thirty-ninth chapter of
the Revised Statutes, passed November the fourth,
in the year one thousand eight hundred and thirty-
five, which relates to rail-road corporations, and in
the forty-fourth chapter of said Revised Statutes ;
and said corporation is hereby authorized and em-
powered to construct and complete a rail-road from
the eastern shore of Taunton Great River, at Robe-
son's wharf, in the town of Fall River, to County
street, near the dwelling-house of John Avery Par-
ker, in the town of New Bedford, through all that

road

984 N. BED. & FALL R. R. R. CO. April 16, 1836.

portion of the course of said rail-road that is includ-
ed within the bounds and jurisdiction of this Com-
monwealth. And the course and direction of said
Route of rail- Tail-road shall be as follows : beginning at station
number one, on land of Andrew Robeson, in said
Fall River, and thence proceeding south, sixty-eight
degrees east, two hundred and eighty-four rods, to
station number two ; thence proceeding in a course
to the right, with a radius of six thousand feet, one
hundred and twelve rods, to station number three ;
thence south, forty-six and one quarter degrees east,
one hundred and eighty-four rods, to station number
four ; thence on a curve to the right, with a radius
of six thousand feet, eighty-four rods, to station
number five ; thence south, thirty-two and a quarter
degrees east, one hundred and sixty rods, to station
number six ; thence on a curve to the left, with a
radius of three thousand feet, sixty-eight rods, over
the Narrows, so called, to station number seven ;
thence south, sixty-four and three fourths degrees
east, one hundred and sixty-four rods, to station
number eight ; thence on a curve to the right, with
a radius of twelve thousand feet, thirty-six rods, to
station number nine ; thence south, fifty-three de--
grees and a half east, nine hundred eighty-three
rods and six tenths, to station number ten ; thence
on a curve to the left, with a radius of six thousand
feet, one hundred and seventy-four rods, and eight
tenths, to station number eleven ; thence north,
eighty-eight degrees east, twelve hundred and fifty-
two rods and eight tenths, to station number twelve;
thence on a curve to the right, with a radius of six
thousand feet, two hundred and forty-four rods, to
station number thirteen ; thence south, thirty-five
degrees and a half east, two hundred and twenty

N. BED. & FALL R. R. R. CO. April \6, U36. 985

rods, to station number fourteen ; thence on a curve
to the left, with a radius of three thousand feet,
fifty-seven rods and six tenths, to station number fif-
teen; thence south, sixty-five degrees east, one hun-
dred and seventy-six rods, to station number six-
teen ; thence on a curve to the right, with a radius
of three thousand feet, forty rods, to station number
seventeen ; thence south, thirty-eight degrees east,
sixty-eight rods, to station number eighteen; thence
on a curve to the right, with a radius of six thou-
sand feet, ten rods, to station number nineteen ; and
thence south, twenty-six degrees east, sixty-nine
rods, and two tenths of a rod, to station number
twenty, in the line of the westerly side of County
street, in the town of New Bedford.

Sec. 2. The capital stock of said corporation Amountof stock.
shall consist of not less than two thousand, nor
more than three thousand shares, of one hundred
dollars each ; and said corporation may purchase
and hold such real estate as may be necessary for
depots, and other purposes connected with the use
of said road.

Sec. 3. Said corporation shall be bound to make. Fences, &c.
and forever maintain, legal and sufficient fences on
each side of said rail-road; and in case it shall neg-
lect so to do, it shall be liable to the owners of the
adjoining lands, for all damages arising from such
neglect, in an action of debt, to be brought in any
court proper to try the same.

Sec. 4. At the expiration of five years from and Legislature may
after the completion of said rail-road, the legislature
may, from time to time, alter or reduce the rate of
tolls, and other profits, upon said road, but the said
tolls shall not, without the consent of the corpora-
124

986 N. BED. & FALL R. R. R. CO. April 16, 1836.

tion, be so reduced as to produce, with said profits,
less than ten per cent, per annum.

?oads.°'^°*" Sec. 5. The Commonwealth may authorize any

company to enter with another rail-road, at any
point of this rail-road, paying for the right to use
the same, or any part thereof, such rate of toll as
the legislature may, from time to time, prescribe,
and complying with such rules and regulations as
may be established by the corporation hereby created.

ToH-houses, &c. gj,^.^ Q "yi^q dircctors of said corporation, for
the time being, are hereby authorized to erect toll-
houses, establish gates, appoint toll-gatherers, and
demand toll upon said rail-road, when completed, and
upon such parts thereof as shall, from time to time,
be completed.

Time of compie- ^^^' ^* ^^ ^^^ ^^'^ compauy shall not have been

tion, &c. organized, the location of the route filed according

to law, and two thousand shares of the capital stock
subscribed before the first day of September, in the
year one thousand eight hundred and thirty-seven ;
or if the said corporation shall fail to complete said
rail -road, from the place of its termination at Coun-
ty street, in the said town of New Bedford, to the
place of its termination, at or near the dam of the
Wattuppa Reservoir Company, in said town of Fall
River, on or before the thirty-first day of Decem-
ber, in the year one thousand eight hundred and
forty, then this act shall be void.

Provisions re- Sec. 8. The Said corporation may expend such

spectiiiff the ' ,

Rhode Island sums of moncv as shall be found expedient and ne-
cessary in constructing, completing and maintaining,
in good repair, said rail-road, through that portion
of the course thereof that is included within the
bounds of the state of Rhode Island and Providence
Plantations : provided, that the same be done with-

parl of the road.

LAFAYETTE BANK. April 16, 1836. 987

out any contravention of the laws of said state :
and provided, also, that said corporation shall charge
the same per mile, for tolls and transportation, on
that part of their road situated in the state of Rhode
Island and Providence Plantations, as is charged on
that part of their road situated in this state.

[Approved by the Governor, April 16, 1836.]

CHAP. CCLXVIII.

An Act to establish the Lafayette Bank.

Jl>E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. George Page, Josiah Dunham, Jr. and Persons incorpo-
George Savage, their associates and successors, are
hereby created a corporation, by the name of the
President, Directors and Company of the Lafayette
Bank, to be located in that part of the city of Bos-
ton, called South Boston, and shall so continue until
the first day of October, in the year one thousand
eight hundred and fifty-one, and shall be entitled •
to all the privileges and powers, and subject to all
the duties, liabilities and requirements contained in
the thirty-sixth chapter of the Revised Statutes,
passed the fourth day of November, in the year one
thousand eight hundred and thirty-five.

Sec. 2. The stock in said bank shall be trans-
ferable only at its banking house and in its books.

Sec. 3. The capital stock of said corporation Amount of stock,
shall consist of one hundred and fifty thousand dol-

988 SEEKONK BRANCH R. R. CO. April 16, 1836.

When to be paid

]ars, 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 : provided, the
whole be paid in on or before the first day of Janu-
ary next.

Sec. 4. Two thirds of the directors shall be res-
idents of that part of Boston called South Boston.

[Approved by "the Governor, April 16, 1836.]

CHAP. CCLXIX.

An Act to establish the Seekonk Branch Rail-road
Company.

JBE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows:
Persons incorpo- gp^. 1 . TimothyP. Ide, Tristam Burgess and
John W. Richmond, their associates and successors,
are hereby made a corporation, by the name of the
Seekonk Branch Rail-road Company, with all the
powers and privileges, and subject to all the duties,
liabilities and provisions contained in that part of
the thirty-ninth chapter of Revised Statutes, passed
on the fourth day of November, in the year one
thousand eight hundred and thirty-five, which re-
lates to rail-road corporations, and in the forty-
fourth chapter of said Revised Statutes. And said
corporation is hereby authorized and empowered to
locate, construct, and finally complete a rail-road,
beginning at or near Old Wharf Point, so called,
on the Seekonk river in Seekonk, and running north-

SEEKONK BRANCH R. R. CO. April 16, 1836. 989

easterly across Rocky Point to some convenient
point on the Boston and Providence Rail-road, near
its termination at the rail-road bridge, a distance of
about two thousand feet

Sec. 2. The capital stock of the corporation Amount of stock
hereby created, shall consist of one thousand shares ;
and no assessment shall be laid thereon of a greater
amount, in the whole, than fifty dollars on each
share ; and said corporation may purchase and hold,
in the name of the corporation, such lands, and real Estate.
estate, for depots, buildings and other erections,
such materials and other things, as may be necessary
in building, maintaining or using said road.

Sec. 3. If the said one thousand shares shall Time of compie-
not have been subscribed for, and the corporation
organized before the first day of October, in the
year one thousand eight hundred and thirty-six, or
if the location of said rail-road or at least that part
thereof, which extends from Rocky Point to its
entrance with said Boston and Providence Rail-road,
shall not be filed according to law, or if said com-
pany shall fail to complete the said rail-road on or
before the first day of September, in the year one
thousand eight hundred and thirty-seven, then this
act shall be void.

Sec. 4. The legislature may, after the expira- Legislature may
tion of four years from the time when this rail-road ^^"^° ^•
shall be opened for use, from time to time alter,
equalize, or reduce the rate of tolls and other profits
upon said rail-road ; but the said tolls shall not,
without the consent of said corporation, be so re-
duced as to produce, with said profits, less than ten
per cent, per annum.

Sec. 5. The said corporation are hereby author- Entry upon the
ized to enter with their said branch rail-road, on idenc°erTif.r^mcr"

on certain con-
ditions.

990 SEEKONK BRANCH R. R. CO. April 16, 1836.

that part of the Boston and Providence Rail road de-
signated in the first section of this act, and use the
same, or any part thereof, paying therefor such a
rate of toll as the legislature may, from time to
time, prescribe : complying with such rules and
regulations as may be established by the Boston and
Providence Rail-road Corporation, by virtue of the
fifth section of their act of incorporation. But the
corporation hereby created, shall enter the said Bos-
ton and Providence Rail-road, by such proper turn-
outs or switches, as will not unreasonably incom-
mode the travel upon the said Boston and Provi-
dence Rail-road, and shall keep them in such a state
as not to interfere with the free and safe use of
said road, and shall pay all expenses incident to,
and in consequence of, any alterations necessary in
the said Boston and Providence Rail-road, to enable
them to enter upon it in a proper manner.
Entry of Fall riv- Sec. 6. The Fall river mill-road, rail-road and

errail-road, &c.

ferry company, are hereby authorized, to enter with
another rail-road at any point of said Seekonk
Branch Rail-road, to use the same, or any part
thereof, free of toll, complying with such rules and
regulations as may be established by the directors
of said Seekonk Branch Rail-road. And the legis-
lature may authorize any other company to enter
said branch, paying such rate of toll as they may
from time to time prescribe, and complying with
said rules and regulations.
First meeting. Sec. 7. Any two of the persons named in this

act, may call the first meeting of this corporation,
by giving notice of the time and place thereof, at
least ten days before the day of holding said meet-
ing, and such notice shall be given by publishing
the same twice in a semi-weekly or four times in a
daily paper in Boston and Providence.

WINTHROP BANK. April 16, 1836. 991

Sec. 8. The franchise, riffhts and property of Certain persons

•^ _ -^ ■* •' excluded from

this corporation shall never be directed, controlled owning, &c.

^ ^ stock ol tills cor-

or owned by the same persons, who for the time poration.
being, direct, control or own the southern termina-
tion of the Boston and Providence Rail-road, in the
State of Rhode Island, or any part thereof, or of
the wharves, docks and depot thereof; and any
conveyance of any share, right or claim, in or to
the stocks, estate, rights or privileges of the cor-
poration hereby established, made to any person or
persons, holding any share, right, or claim, in or to
the stock, estate, rights or privilege of the said
southern termination of said Boston and Providence
Rail-road, in the State of Rhode Island, shall be null
and void.

[Approved by the Governor, April 16, 1836.]

CHAP. CCLXX.

An Act to establish the Winthrop Bank.

Be it enacted by the Senate and House of
Representatives, in General Court assembled^ and by
the authority of the same, as follows:

Sec. 1. Edward W. Bradley, John Heath and Persons incorpo-

y ' rated.

William Bacon, and their associates and successors,
are hereby created a corporation, by the name of
the President, Directors and Company of the Win-
throp Bank, to be established in Roxbury, in the
county of Norfolk, and shall so continue until the
first day of October, in the year one thousand eight

992 SWETT'S WHARF. April 16, 1836.

hundred and fifty-one, and shall be entitled to all the
powers and privileges, and be subject to all the
duties, liabilities and requirements contained in the
thirtj-sixth chapter of the Revised Statutes, passed
on the fourth of November, in the year one thousand
eight hundred and thirty-five.

Sec. 2. The stock in said bank shall be trans-
ferable only at its banking house and in its books.
Amount of stock. Sec. 3. The Capital stock of said corporation
shall consist of one hundred thousand dollars, to be
divided into shares of one hundred dollars each, to
be paid in such instalments, and at such times, as
the stockholders may direct : provided, the whole be
paid in on or before the first day of January next.

[Approved by the Governor, April 16, 1836.]

CHAP. CCLXXI.

An Act to incorporate the Proprietors of Svvett's
Wharf in Charlestown.

X>E it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows :
Persons incorpo- Sec. 1. Samucl Swett, William B. Swett and
Tasker H. Swett, their associates and successors,
are herebjr made a corporation, by the name of the
Proprietors of Sweit's Wharf, with power to pur-
chase, and hold, in fee simph? or otherwise, all or
any part of that real estate situated on Water street,
in Charlestown, and known by the name of Swell's.

SWETT'S WHARF. April 16, 1030. 993

Wharf, bounded iiorthvvcstorly on VVi'.tcr strrot,
northeasterly by the hind and wharf known as Har-
ris* wharf, southeasterly on the channel of Charles
river, and southwesterly by the land of Benjamin
Brintnal, with all the ])rivileges and apj)urtenances Powrrs and priv-
to the said premises belonging, and the said corpo- '^°^'^"
ration, within the limits aforesaid, may construct
docks and wharves, erect warehouses and buildings,
and improve and manage the said property as to
them may seem expedient : provided^ hoivever, that
nothing herein contained shall authorize the said
corporation to infringe upon the legal rights of any
person.

Sec. 2. The said corporation shall, at tli(?ir first Nnmhcrof

shares, and

legal meeting, affree upon, and fix the number of amount oiassess-
shares, not exceeding two hundred, into which their
stock shall be divided, which shares shall be trans-
ferable, in a book to be kept by the clerk of the
corporation for that purpose ; the corporation may,
from time to time, assess on the stockholders such
sums of money, not exceeding in the whole two
hundred thousand dollars, as may be necessary for
the purchase, improvement and management of their
said estates, and shall have all the powers and priv-
ileges, and be subject to all the liabilities and duties
expressed and contained in the forty-fourth chapter
of the Revised Statutes, passed on the fourth day
of November, in the year one thousand eight hun-
dred and thirty-tive.

[Approved by the Governor, April 16, 1836.]
125

994 HYDRAULIC COMPANY. April 16, 1836.

CHAP. CCLXXII.

An Act to incorporate the Boston Hydraulic Com-
pany.

xJE it enacted hy the Senate and House of
Representatives, in General Court assembled, and
hy the authority of the same, as follows :

fa^d "' '"*''''^°" ^^^' ^' William Sullivan, Daniel P. Parker, Ca-
leb Eddy, their associates and successors, are here-
by made a corporation, by the name of the Boston
Hydraulic Company, with all the powers and privi-
leges, and subject to all the duties, liabilities and
provisions contained in the forty-fourth chapter of
the Revised Statutes, passed on the fourth day of
November, one thousand eight hundred and thirty-
five.

Amount of slock. gg^. 2. Thc Capital stock, of said company shall
consist of one thousand shares, and no assessments
shall be laid thereon of a greater amount, in the
whole, than one thousand dollars on each share.

P^"^^ersand priv- Sec. 3. Thc Said corporation may purchase, take,
and hold in fee simple, or for any less estate, any
lands necessary for the objects of this act, and for
the convenient management of the concerns of said
company, not exceeding in value the sum of two
hundred thousand dollars ; and may take any ponds,
or lands covered with water, situate northwardly of
Charles river, and within twelve miles of the city of
Boston, for the purpose of conducting water there-
from, through the town of Charlestown, in the coun-
ty of Middlesex, and into and through the city of

HYDRAULIC COMPANY- ^7?/// 16, 1836. 995

Boston ; and to this end, may take and liold any
lands necessary for laying aqueducts, forming reser-
voirs, and any flats flowed by tide waters, which
may be required to carry the objects of this act into
effect ; and may erect such wharves, and other
buildings, as such corporation may find expedient,
and establish such steam engines, and other machi-
nery, as may be necessary for the purposes afore-
said : And if the proprietors of lands, which said Remedyto pro-
prietors of lands
corporation may take, at or near ponds, or elsewhere, taken, &c.

for the purpose of laying pipes or conductors of wa-
ter, constructing reservoirs, wharves, or other build-
ings, or for the protection of the ponds whence wa-
ter is to be taken or drawn by said company, do not
agree with said company on the price to be paid
therefor, any such proprietor may have the damages
assessed in the same manner as is provided in the
one hundred and sixteenth chapter of the Revised
Statutes, passed on the fourth day of November, in
the year one thousand eight hundred and thirty-five,
and the said corporation, in all cases, where it does
not acquire title to any land by voluntary convey-
ance, shall cause a certificate, describing the land so
taken, to be signed by the president of said compa-
ny, and recorded in the registry of deeds of the
county in which the land lies.

Sec. 4. The said corporation may erect dams at Erection oi dams.
the outlets of any ponds, which said corporation may
take, pursuant to tiie provisions of this act ; and if
any person shall tliereby be deprived of water, which
has been accustomed to flow through or over his
land, or if any land of any person shall be flowed,
by means of raising the water by such dams, the
party so injured may recover reasonable damages
therefor, in the manner provided by the preceding
Section.

996 IIYDKAULIC COMPANY. J^^nV 16, 1836.

Laying of pipes, Sec. 5. Tlic saicl corporatioii is hereby author-
ized and empowered to lay its pipes or aqueducts,
under or over any rail-road, canal, highway or street :
provided, always, that the same be done in such
manner, as not to obstruct or impede the passing
thereon ; and said corporation may lay its pipes and
aqueducts under or near Warren bridge, now erect-
ed across Charles river, from the town of Charles-
tow^n to the city of Boston, through the w^hole
longtii of said bridge and its abutments. Provided,
alwcii/s, that the same be so done as not to impede
or ()l)struct the convenient passing on said bridge :
and provided, also, that in laying said pipes and
aqueducts, or in the use or repair thereof, from time
to time, no damage or injury shall be done to said
bridge : and provided, further, that the pipes or
aqueducts be so laid in Charles river as not to ob-
struct or impede the free passage of any vessel
thereon.

Laying of pipes, Sec. 6. The Said corporation, in laying its pipes
or aqueducts, through the highways and streets of
the town of Charlestown, and in the city of Boston,
and in repairing such pipes and aqueducts, from time
to time, shall not unnecessarily obstruct such high-
ways and streets ; and in every case of the removal
of any earth or pavement in any such highway or
street, the said corporation shall cause the earth to
be replaced, and the pavement to be laid anew, so
that such highway or street shall be in as good con-
dition as the same were in before such removal.

rpmhirth'^'use ^^^' ^- ^" ^^^^ '^yi»g a»J construction of the

onhe water for pipes or aqueducts wliich may be laid in the town

of Charlestown, and in the city of Boston, the same

shall be so laid and constructed, that water can be

drawn therefrom for the extinguishment of fires, and

HYDRAULIC COMPANY. April 16, 1836. 997

to be used by the persons thereto authorized by the
town of Charlestovvn, and by the city of Boston,
respectively, and free access to the water in such
pipes and aqueducts shall be had whenever the same
shall be laid within the city of Boston, and within
that part of the town of Charlestown lying within
or eastwardly of the Neck, so called ; and the said
town and city shall have the right, at their own cost
respectively, to place fire-plugs, and all proper and
necessary fixtures therefor, upon any pipes or aque-
ducts of said corporation, and at as many different
places in the several highways and streets, as the
selectmen of the said town, and the mayor and al-
dermen of the said city, shall deem needful, for the
purpose of drawing water for the extinguishment of
any fires which may happen in said town or city :
provided, that the said fire-plugs and fixtures shall
not be used for the purpose of drawing water from
said pipes for any other use than for the extinguish-
ment of fires ; and shall be so constructed as to pre-
vent the water in the pipes from running to waste ;
and the said corporation shall not demand or receive
any compensation for water taken for the extin-
guishment of fires as aforesaid.

Sec. 8. If any person shall wilfully and m a li- Penalty for inju,

•'I -^ ry to pipes, &c.

ciously defile, corrupt, or make impure, any pond or
ponds, used by said corporation as aforesaid, or de-
stroy or injure any dam, pipe, aqueduct, machinery,
or other property of said corporation, such person,
and all who shall aid or abet in such trespass, shall for-
feit to the use of the said company, for every such of-
fence, treble the amount of damages which shall ap-
pear on the trial to have been sustained thereby —
and may further be punished by a fine not exceeding
one thousand dollars, or may be imprisoned for a
term not exceeding one year.

998 HYDRAULIC COMPANY. April 16, 1836.

Sale of privilege ^j^^. 9. Tlic Said corporalioii is hereby empow-

oi using the wa- i y i

'^'^- ered to sell the privilege of using the water which

may be conducted from the ponds as aforesaid, to
any corporation, person or persons, said contracts to
continue for no lon2;er term than three years : pro-
vided, that no compensation shall be taken for the
use thereof for the extinguishment of fires as afore-
said ; and the said corporation may make all reason-
able rules and regulations, as to the manner, and
the times in which said water may be taken and
used.
Appropriation of Sec. 10. Whenever the said corporation shall
poll s, c. have appropriated any pond or ponds, or any lands,
which it may deem necessary and proper for carry-
ing the purposes of this act into effect, no other cor-
poration, person or persons, shall enter upon such
pond or ponds, or land, for the purpose of conduct-
ing the w^aters in such pond or ponds, or any streams
connected therewith, into the city of Boston or
town of Charlestown ; nor draw the same out of
said pond or ponds for any purpose whatsoever ; but
such waters shall be, and remain to, and for the use
of said corporation, so long as sai;l corporation shall
supply the town of Charlestown and the city of
Boston with water from said ponds, according to the
true intent and meaning of this act.

S:edinos''&c'! ^^^' ^^- "^^^^ ^^^^ corporatiou shall cause a true

and faithful record of its proceedings, and just and
accurate accounts, to be kept, which books and ac-
counts shall be subject, at all times, to the inspec-
tion of any committee appointed by the general
court, or by a committee appointed by the city coun-
cil of Boston ; and all officers and agents of said cor-
poration, shall be liable to examination on oalh by
either of said committees.

HYDRAULIC COMPANY. April 16, 1836. 999

Sec. 12. The city of Boston shall have the right ""^'°" may sub--

•^ ~ scrihc a certain

to subscribe (in common with others) for one third proportion, &c.
part of the shares in said corporation, or any less
proportion thereof; and the said city may, at any
time, purchase of the said corporation their fran-
chise, and all their personal and real property, by
paying therefor such a sum, as together with their
receipts, will reimburse the whole amount expended,
with an annual interest of ten per cent., and from
and after the execution and delivery of the convey-
ance and transfer aforesaid, the said city of Boston
shall have all the rights, and be subject to all the
duties in this act expressed, as to said corporation ;
and especially as to continuing the supply of water
to the town of Charlestown.

Sec. 13. If the said corporation shall not have Timeofbegin-

I , . . rr I 111- "'•ig' "^iid com-

begun to carry this act into eriect, by actually laying pietion.
pipes and aqueducts, within three years from the
passing of this act ; or if the whole of the works
necessary to bring water into the city of Boston,
shall not have been completed, and put to that use
within six years after the passing of this act. then,
and in either of said cases, this act shall be void.

Sec. 14. This act shall be void, unless the city Assent of Bos-
council of the city of Boston shall, within four
months after the passage thereof, declare, by vote,
their assent thereto; and, if such assent le obtain-
ed, this act, and an attested copy of the record of
such assent, shall be recorded in the registry of deeds
for the county of Suffolk.

[Approved by the Governor, April 16, 1836.]

1000 SPECIAL PLEADING. Jpril 16, 1836.

CHAP. CCLXXIII.

An Act to abolish Special Pleading in civil actions.

JBE it enacted by the Senate and House of
Representatives, in General Court assembled, and by
the authority of the same, as follows:

Sec. 1. In every civil action hereafter to be tri-
ed in the supreme judicial court, or court of com-
mon pleas, all matters of law or of fact in defence of
such action may be given in evidence under the gen-
eral issue, and no other plea in bar of such action
shall be pleaded.

Sec. 2. The respective courts aforesaid are here-
by authorized to pass such general and special rules
and orders, respecting notice to the opposing party,
of matters intended to be given in evidence bv either
party to a suit, as shall be necessary to prevent sur-
prise, and to afford opportunity for preparation for
trial.

Sec. 3. Whenever a plaintiff, in any action, shall
have mistaken the form of action suited to his claim,
the court on motion, shall permit amendments to be
made on such terms as they shall adjudge reasona-
ble, and all special demurrers are hereby forever
abolished.

[Approved by the Governor, April 16, 1836.]

CMELSEA BANK. April 16, 1830. 1001

CHAP. CCLXXIV.

An Act to establish the Clielsea Bank.

j3e it enacted by the Senate and House of
Representatives, in General Court assembled, and
by the authority of the same, as follows :

Sec. 1. Henry H. W. Sigoiirney, Charles H. p™ '"<=<"^p°-
Stedman and Charles Hubbard, their associates and
successors, are hereby made a corporation, by the
name of the President, Directors and Company of
the Chelsea Bank, to be established in Chelsea, and
shall so continue, until the first day of October, in
the year one thousand eight hundred and fifty-one,
and shall be entitled to all tiie powers and privileges,
and subject to all the duties, liabilities and require-
ments contained in the thirty-sixth chapter of the
Revised Statutes, passed on the fourth day of No-
vember, in the year one thousand eight hundred and
thirty-five.

Sec. 2. The stock in said bank shall be trans-
ferable only at its banking house and in its books.

Sec. 3. The capital stock of said corporation Amount or stock.

shall consist of one hundred thousand dollars, to be

divided into shares of one hundred dollars each, to

be paid in such instalments, and at such times, as the

stockholders mav direct: provided, the whole be W'^en to i>e paid

-' 111.

paid in, on or before the first day of January next.
[Approved by the Governor, April 16, 1836.]
126

1002 COURTS IN MIDDLESEX. AprU 16, 1836.

CHAP. CCLXXV.

An Act relating to certain Courts in the County of
Middlesex.

J3E it enacted hy the Senate and House of
Representatives, in General Court assembled, and by
the authoiity of the same, as follows :
Certain terms j^ec. 1. The term of thc SuDremc Judicial

which have been *

hoidenat Con- Court which is now by law to be holden at Concord,

cord to be here- •'

Lowe'ir'''*"' '" within and for the county of Middlesex, on the sec-
ond Tuesday of April annually, shall, on thc second
Tuesday of April, in the year one thousand eight
hundred and thirty-seven, and each year thereafter,
be holden at Lowell in said county : And the term
of the Court of Common Pleas, which is now by
law to be holden at said Concord on the second
Monday of September annually, shall, on the second
Monday of September, in the year one thousand
eight hundred and thirty-seven, and each year there-
after be holden at said Lowell.

Returns of writs, Sec. 2. All writs and processes of whatever
&c. , , . . 1

nature, civil or criminal, now pending, or hereafter
to be commenced in the Supreme Judicial Court, or
Court of Common Pleas, which are, or may be
made returnable at either of the terms aforesaid at
Concord, shall be returned to, have day in, and be
acted upon, at the terms of said courts, as by this
act established at Lowell.
This actio be g£c. 3. Thls act shall be wholly void and of no

void, unless cer-

tain conditions effcct, luiless the town of Lowell shall, on or before

are fulfilled by '

Lowell.

BOSTON EXCHANGE CO. April 16, 1836. 1003

the first day of March next, without expense to the
county of Middlesex, provide a suitable court room
and other accommodations for said courts and their
officers, and a jail for the safe keeping of prisoners,
the expense of which jail shall not exceed ten tkou-
sand dollars, in said Lowell, to the acceptance of
the county commissioners for the county of Middle-
sex, and execute and deliver to them a sufficient
lease or other instrument to secure the use therof,
for the purposes aforesaid permanently to the said
county. And the said comaiissioners shall cause a
record of such instrument to be made by their clerk,
and shall, as soon thereafter as may be, cause a no-
tice of the fact that such provision has been made,
and of its acceptance by them, to be published three
weeks successively in all the newspapers then print-
ed in the county of Middlesex, and in one or more of
the newspapers in the city of Boston : And said
town is hereby authorized to raise and assess a suf-
ficient sum for the purpose of providing said accom-
modations for said courts and erecting said jail.

[Approved by the Governor, April 16, 1836.]

CHAP. CCLXXVI.

An Act to incorporate the Boston Exchange Com-
pany.

JdE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by
the authority of the same, as follows :

Sec. 1. Robert G. Shaw, John D. Bates and i^ersons incorpo.

' rated.

1004 BOSTON EXCHANGE CO. April IG, 1836.

James K. Mills, their associates and successors, are
hereby made a corporation by the name of the Bos-
ton Exchange Conijjany ; with all the powers and
privileges, and subject to all the duties, liabilities
and provisions contained in the forty-fourth chap-
ter of the Revised Statutes, passed on the fourth day
of November, in the year one thousand eight hun-
dred and thirty-five.

'E'Si^ic- Sec. 2. The said corporation may purchase,

hold and possess such real estate, situate in the city
of Boston, as they may deem needful for an ex-
change, and for the accommodation of merchants
and others, not exceeding in the whole fifty thousand
s(juare feet ; and may sell, convey, lease, mortgage
or otherwise dispose of the same or any part there-
of, as they shall deem expedient.

Amount of stork, Sec. 3. The Capital stock of said Boston ex-

asscssnicnls, &c. i n • r i i •

change company, shall consist of not less than six
hundred shares, nor more than one thousand shares,
the number of which shall be determined from time
to time, by said corporation or by the directors
thereof; and no assessment shall be laid thereon of
a greater amount in the whole than five hundred
dollars on each share, and the capital stock of said
corporation, shall be six hundred shares, until that
number shall be increased in the manner aforesaid.

[Approved by the Governor, April 16, 1836.]

COUNTY COMMISSIONERS. Jpril 16, 1836. 1005

CHAP. CCLXXVII.

An Act concerning Jailers Fee.

JlJE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

The several Jailers of the county jails, shall be
entitled to receive a fee of twenty cents for each
and every prisoner, committed or discharged, any
thing in the Revised Statutes to the contrary not-
withstanding.

[Approved by the Governor, April 16, 1836.]

CHAP. CCLXXVIll.

An Act concerning County Commissioners.

13 E it enacted by the Senate and House of
Representatives, in General Cornet assembled, and by
the authority of the same, as follows :

Sec. 1. Whenever the county commissioners in parties applying
any county shall be called upon under the authority certat^cfs^es'"

P, 1 , ,.. ^ ' f ' T ^ shall enter into re-

oi law, and upon the application ot any individual or cognizance, &c.
corporation, to estimate or assess damages sustained
by reason of property taken or intended to be taken
for the purposes of any rail-road or other corporation,
or to perform any other official act in relation to the

1006 COUNTY COMMISSIONERS. April 16, 1836.

doings of such corporation, the said connmissioners,
before they shall proceed to estimate or assess such
daniages, shall require the party making such appli-
cation" to enter into a recognizance to the county,
with sureties to the satisfaction of the commission-
ers, for the payment of all costs and expenses which
shall arise by reason of such application and the
proceedings thereon ; and the same remedy shall be
had upon said recognizance, to enforce the pay-
ment of such costs and expenses, as is provided in
the twenty-fourth chapter of the Revised Statutes,
passed on the fourth day of November, in the year
one thousand eight hundred and thirty-live, in the
case of recognizances entered into under the provi-
sions of that chapter.

Sec. 2. The commissioners, whenever the ap-
plication aforesaid shall be made by the party whose
property has been taken, or is intended to be taken
by such rail-road or other corporation, in case any
damage shall be assessed, shall, in addition thereto,
include in their estimate or assessment the amount
of costs and expenses incurred by reason of the said
application and the proceedings of the commission-
ers thereon.

[Approved by the Governor, April 16, 1836.]

SALE OF STOCKS. Jpril 16, 1836. 1007

CHAP. CCLXXIX.

An Act relating to Contracts for the sale of Stocks.

a E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

All contracts, written or oral, for the sale or Contracts to be

void in certain

transfer of any certificate or other evidence of debt cases.
due by or from the United States, or any separate
state, or of any stocks, or of any share or interest in
the stock of any bank, or of any company, city or
village incorporated under any law of the United
States, or of any individual state, shall be absolutely
void, unless the party or parties contracting to sell
or transfer the same, shall, at the time of making
such contract, be the owner or assignee thereof, or
shall be duly authorized by some person who is the
owner or assignee, or by the legally authorized agent
of such owner or assignee, to sell or transfer the
said certificate or other evidence of debt, share or
interest, so contracted for.

[Approved by the Governor, April 16, 1836.]

1008

MARKET BANK.

Jpril 16, 1836.

CHAP. CCLXXX.

An Act to increase the Capital Stock of the Market

Bank.

Amount of in-
crease.

Certificate.

J3E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, asfolloivs:

Sec. 1. The President, Directors and Company
of the Market Bank are hereby authorized and em-
powered to increase their capital stock, by an addi-
tion of five hundred thousand dollars thereto, in
shares of one hundred dollars each, which shall be
paid in such instalments, and at such times, as the
president and directors of said bank may direct and
determine : provided, the whole shall be paid in on
or before the first day of October next.

Sec. 2. The additional stock to be created by
virtue of this act shall be subject to the like tax,
regulations, restrictions and provisions to which the
present capital stock of said corporation is now sub-
ject.

Sec. 3. Before the said corporation shall proceed
to do business upon such additional capital, a certifi-
cate, signed by the president and 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 by the Governor, April 16, 1836.]

TAUNT. BRANCH R. R. COR. April 16, 1836. 1009

CHAP. CCLXXXI.

An Act to authorize the Taunton Branch Rail-road
Corporation, to increase their capital stock.

Be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

The Taunton Branch Rail-road corporation, are
hereby authorized to increase their capital stock to
an amount not exceeding fifty thousand dollars, by
the creation of an additional number of shares, not
exceeding five hundred, of one hundred dollars each;
the said shares to be disposed of in such manner as
the corporation shall determine, and to be assessed
as the directors shall find expedient ; the amount
thus raised, to be applied to the purposes specified
in their act of incorporation.

[Approved by the Governor, April 16, 1836.]

Amounl of in-

127

1010 HANCOCK FREE BRIDGE. April 16, 1836-

CHAP. CCLXXXII.

All Act to establish the Hancock Free Bridge.

J3E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

fl^«!r"* '"*^°''"' ^^^' 1' Francis Bowman, Isaac Livertnore, Sid-
ney Willard, their associates and successors, are
hereby made a corporation, by the name of the Han-
cock Free Bridge, for the purpose of erecting a
bridge across Charles River, and for other purposes
herein specified ; and said corporation shall have all
the powers and privileges, and be subject to all the
duties, restrictions and liabilities set forth in the for-
ty-fourth chapter of the Revised Statutes, passed on
the fourth day of November, in the year one thou-
sand eight hundred and thirty-five.

I'owcrs.priviie^ Sec. 2. Tiic Said corporatiou are hereby au-

es and duties of . . i • i

the corpoiaiion. thorizcd to locatc and construct a bridge across
Charles River, beginning at a point at or near the
northwesterly end of Allen street, in the city of Bos-
ton, and extending thence to the opposite shore of
said river in Cambridge, at some convenient point
between the West Boston Bridge and Canal Bridge,
together with a suitable road or way to connect the
said Bridge with Allen street aforesaid, and with the
main street or road in said Cambridge, and for that
purpose to take a quantity of land extendingthe whole
length of the said bridge and ways, and not exceed-
ing sixty feet in width, except for the erection of

HANCOCK FREE BRlDCxE. April 16, 183G. 1011

piers near the draw, said land to be used only for the
purpose of a bridge and ways as aforesaid ; said
bridge shall have a good and sufficient draw, as wide
as the draw of the present Charles River Bridge,
which draw shall be located by commissioners, to
be appointed by the governor, with the advice of the
council, at the expense of said corporation ; and said
corporation shall construct a pier wharf near said
draw, on each side of said bridge, for the accommo-
dation of vessels passing through the same, of such
form and dimensions, and extending in such direc-
tions as said commissioners shall direct and appoint,
said draw and wharves to be planked upon the in-
side from the top of low water to the top of said
draw and wharves, together with such other facili-
ties and accommodations for the passage of vessels
through said bridge, as said commissioners shall di-
rect to be made ; said bridge, draw and wharves
shall be built of good and sufficient materials, the
bridge to be not less than forty-four feet in width,
from outside to outside, with a good footway on
each side thereof.

Sec. 3. The said corporation shall be held lia- Damages for un-

,, , •ii'i 11 • 1 • 1 reasonable delay

ble to keep said bridge and draw in good repair, and of vessels.
to raise the draw, and afford all necessary and pro-
per accommodation to vessels having occasion to pass
the same, by day or by night ; and shall, when ne-
cessary, keep said bridge sufficiently lighted by
lamps on each side of the same, not exceeding sev-
enty feet apart ; and if any vessel shall be unreason-
ably delayed in passing said draw, by the negligence
of said corporation or their agents, in discharging
the duties enjoined by this act, the owners or com-
manders of such vessels may recover reasonable

1012 HANCOCK FREE BRIDGE. April 16, 1836.

damages therefor, of said corporation, in an action
on the case before any court proper to try the same.
pe3Th^u"d!° ^Ec. 4. Said corporation shall be holden to
^"^ make compensation to any person, or corporation,

whose real estate shall be taken for the use of said
bridge, and if there should be a diflference of opinion
as to the value of the same, either party may apply
to the court of common pleas, in the county where
such real estate lies, for a committee to estimate
the damage such person, persons or corporation will
sustain ; and, upon such application, the court, after
ten days' notice to the adverse party to appear and
show cause why such committee should not be ap-
j)ointed, shall, if no good reason be shewn to the
contrary, appoint three or five disinterested free-
holders within the county, who being first sworn
before some justice of peace, and giving due notice
to the parties to aj)pear, if they see fit, for a hear-
ing, shall proceed to the duties of their appointment,
and estimate the value of real estate taken as afore-
said, and shall make return of their doings, as soon
as may be to said court ; and u|)on acceptance of
said report, judgment may be given thereon, with
costs, to either party, according to the discretion of
the court : provided, that in all cases either party
may claim a trial by jurv, as in similar cases when
lands are taken for public uses.
Second section Sec. 5. The sccoud scctiou of this act shall be
void in a certain void and of uo cffect, if, ou or before the first day of
June next, the West Boston Bridge Corporation, by
a vote at a legal meeting, shall agree to sell their
bridge and the franchise thereof to said Hancock
Free Bridge Corj3oration, for such a sum as three dis-
interested men, or a major part of them, one to be
selected by said West Boston Bridge corporation,

PEOPLE'S BANK. April 16, 1836. 1013

one by the said Hancock Free Bridge Corporation,
and the third to be selected by the two thus chosen
by said corporations, shall appraise the same to be
worth. And the said West Boston Bridge Corpora-
tion are hereby authorized to make the aforesaid
transfer of their bridge and the franchise thereof.
And on the completion of said transfer, the West
Boston Bridge shall be forever free froni toll, and be
kept up and maintained, subject to all the provisions
of this act, as far as the same may be applicable, un-
less otherwise provided for by law '.provided, if the said
Hancock Free Bridge, and the roads leading thereto,
shall not be completed and open for travel in four
years from the passing of this act, then this act shall
be null and void.

[Approved by the Governor, April 16, 1836.]

CHAP. CCLXXXIH.

An Act to repeal " an Act to establish the People's

Bank."

JdE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :

Sec. 1. "An act to establish the People's Bank," Liability of cor-

. poration, &,c. in

passed on the twenty-fifth day of March, in the year certain cases not

^ . *^ "^ ^ ^ '' impaired.

one thousand eight hundred and thirty-three, is here-
by repealed : provided, that nothing in this act shall
be so construed, as to absolve the said corporation.

1014 STATE BANK. AprilW, 1836.

or any director or stockholder thereof, from any lia-
bility created by the act hereby repealed.

Sec. 2. This act shall take efifect from and after
the first day of April next.

[Approved by the Governor, April 16, 1836.]

CHAP. CCLXXXTV.

An Act to repeal the Charter of the State Bank.

Be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, as follows :
Liability of cor- Sec. 1. So much of au act to continue the bank-

poration, &r. in , . , • j j r I

certain cases not mg corporations thereHi named and lor other pur-
impairec. poses, passed on the twenty-eighth day of February,

in the year one thousand eight hundred and thirty-
one, as provides for the continuance of the charter
of the President, Directors and Company of the
State Bank in Boston, capital stock eighteen hun-
dred thousand dollars, is hereby repealed, and the
charter of the said State Bank is hereby declared
forfeit and void : provided, that nothing in this act
shall be so construed, as to absolve the said corpora-
tion, or any director or stockholder thereof, from any
liability created by the act hereby repealed.

STATE BANK. April 16, 1836. 1015

Sec. 2. This act shall take effect from and after
the first day of April next.

[Approved by the Governor, April 16, 1836.]

SECRETARY'S OFFICE, JUNE 11, 1836.

I HEREBY CERTIFY, that 1 have compared the printed copy of
the Acts contained in this Pamphlet, with the Original Acts, as en-
grossed on parchment, and passed by the Legislature, and find the
same to be correct.

JOHN P. BIG FLOW,

Secretary of the Commonwealth.

i;''i;^H!il|lili!!!lil!t!iiP^^

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