(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

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

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;. 



A. 

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 



IV 



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Alewive Fishery, in Dracut, &c., law respecting, repealed, 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 



B. 



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 



VI 



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 

70 

718 

814 

30 
506 

98 
250 
295 

14 

28 

54 

77 

84 

85 

129 

220, 480 

240 

511 

538 

910 

1003 

919 

56 



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 



c. 



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 

B 



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 



D. 



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 



E. 



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.) 



XI 

974 

1003 
528 



F. 

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 



xu 



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 

84 

217 



241, 507 
392 



6. 



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 




197 


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 



H. 



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. 



XV 



I. 



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, 



13 

20 



830 

349 

665 
722 

683 
938 

60 

675 
762 
729 
446 
564 
346 
657 
672 
159 

848 
829 
699 
581 

975 
442 
240 



J. 



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 



K. 



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



L. 



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 



&c 



468 
464 
671 
226 

ib. 

227 

177 

143, 385 

294 

19 

262 

4.33 

543 
353 
354 
354 

355 

ib. 
356 

ib. 
ib. 

357 

ib. 
55 

718 
63 

72 



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 



M. 



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 

51 

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 

32 

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 

84 



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 

50 

134 
15 

369 



o. 



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. 



88 

177 

238 

527—528 



163 
148 

678 



P. 



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 



48 

• 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 



R. 



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 

23 

876 

743 



s. 



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 

T. 

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 



u. 



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 



V. 

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 



w. 



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 

51 

311 

466 

50 

262 



Y. 



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.] 



3 



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.] 



4 



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.] 



72 



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.] 



12 



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 



w 



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.] 



19 



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.] 



20 



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. 



^a 



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 

23 



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.] 



29 



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 

37 



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 

38 



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 

42 



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.] 



43 



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- 

46 



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.] 



47 



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 

66 



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 

57 



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- 

69 



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. 

60 



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 : 

63 



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- 

64 



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 



CM 



•ujiji|iuoo 
puG ozig sji— asnoH looiiog 




■2 . 


B 
S 




6 

1 




Wages in Money exclusive of 
Board. 


4 "^ 
1 i 




1 B 

0. 




c 






i 




s 




'E 
ll 

O '•^ 

1 a"' 

a 


s 

s 

3 
CO 








Children not at- 
tending common 
.Schools any por- 
tion of the year, 
from 4 to 16 years 
of age. 


£ 




s 




c 

i 
i 

o 

M . 
C m 

•ao 
II 

rtOO 

a 


aoire 
■puanBaSBiaAv 




< 
o 

>. 

c 

1 

b 


E 








siaujsia i 1 



MASS. SCHOOL FUND. 



April 8, 1835. 



509 



< < 



■^ s 



s 

bo 



^ffi 



° ^ 



S?M 



(U 


a 


« 


o 


CO 


tj 






>> 


b 


.n 


CO 






-a 


a 


<u 


a 



Fonn of returns. 



D (0 

2 ^ 



o 
o 


s 


^ 


(U 


73 


bx 


aj 


a 






CO 


■3 


> 


c 



O 0) « 



K - 



3 


bB 


,^ 


c 


(0 


t5 


0} 


to 


c 


<u 


9 


Oj 


be 





5, -5 



£ S .s - 



2 >> 

4) (Jj 



s 

o 

o 




3 
-3 

s 

O 

u 


S 


c^. 


o 
o 


Q. 
CO 


"o 
o 


CO 


5 

B 


a 
o 






j= 


.2 


en 






J3 


o 


CJ 


'> 


S 




15 






02 


>> 


o 


S 


c 


lU 


wT 






0^ 




fc« 


h-* 


0) 


Q> 


CO 


ki 




(0 


a 


^ 


.S 


.5 


;2 


rt 


s 


V 










^ 




< 






o 
Q 




^ 





D I. >— 



65 



^ ^ ^ 



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, 

66 



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 

69 



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 



71 



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 

72 



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. 

74 



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. 

76 



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. 



77 



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. 

78 



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 co