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

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LAWS 



CommantoealtJ) of iH^aiSiSatftui^ett^, 



PASSED BY THE 



GENERAL COURT, 



IN THE YEARS 



1837 AicD 1838. 



PUBLISHED BY THE SECRETARY OF THE COMMONWEALTH, 

AGREEABIiTT TO RKSOLiVE OF THK 16TH OF JANUARY, 1818. 



VO£. ZZV. 



1$ ton: 

DUTTON AND WENTWORTH, PRINTERS TO THE STATE, 

Nos. 10 and 12 Rxcbange Street. 

1839. 



^xn: ^ 



. ^ "4 



Extract from a Resolve, approved April 9, 1839. 

" So much of the existing law prescribing the number of 
pages which shall constitute a volume, is hereby repealed, so 
far as it may affect the published laws of 1837 and 1838 ; and 
that the Secretary be directed to prepare a general index 
to those laws, and to cause the same to be printed and dis- 
tributed in the usual manner." 



INDEX 



LAWS OF MASSACHUSETTS, 



PASSED IN 



1837 AND 1838. 



A. 

Absent defendants, provisions concerning writs against, 
Academy, East Bridgewater, incorporated, . 

" Mountain Seminary, at Worthington, incorporated, 

" Ne%v England Christian, incorporated, 

" New England, incorporated, 

*' Norton Female Seminary, incorporated, . 

" Rochester, incorporated, .... 

" South Reading, may sell or convey real estate, . 

" West Sutton Literai-y Institute, incorporated, 
Administrators and Executors, composition of debts by, 

" " " compensation of, 

Alewive Fisheiy in Middleborough, regulated, 
Alien Passengers, regulations concerning, . 
Animals, noxious, bounty for destruction of certain, repealed, 
Appraisal and sale of personal property attached on mesne process, 
Aqueduct Company in Cambridgeport, incorporated, 
Archimedian Company, incorporated. 
Ardent spirits, restrictions and regulations concerning the sale of, 

" sale of, to Gay Head Indians, prohibited. 

Assessment of taxes on machinery, where to be made, 



Page. 

409 

109 

4 

31 
421 

47 
103 
134 
118 
374 
429 
206 
270 
331 
193 
163 
360 
442 
386 
81 



11 



INDEX. 



Assessors, penalty for giving false information to, in certain cases, 184 

Asylum and Farm School, authority of, to bind out boys, enlarged, 307 

Auburn, name of the town of Ward changed to, . . . 14 

Auctioneers, relating to, . . . . . . 267 



B. 



Bail, provisions respecting, ..... . 212 

Bank, Cabot, established, ...... 105 

" Chelsea, charter of, repealed, ..... 253 

" Citizens', at Worcester, capital stock of, reduced, . . 496 

" City, in Lowell, additional act concerning, ... 18 

" Commercial, charter of, repealed, .... 448 

" Commissioners, providing for appointment, and establishing 

the duties of, ...... 302, 306 

" Commonwealth, charter of, repealed, . . . 348 

" Fajmers and Mechanics, in Adams, time extended, &c. . 101 

" Franklin, charter of, repealed, .... 355 

« Fulton, « " . . . . .441 

" Granite, in Boston, additional act concerning, . . 135 

" Hampshire, charter of, annulled for certain purposes, . 130 

" Kilby, charter of, repealed, ..... 427 

« Lafayette, « « ..... 347 

« Middlesex, « « ..... 356 

« Nahant, « « ..... 233 

« Norfolk, » « ..... 487 

" Northampton, capital stock of, increased, . . . 142 

" Oriental, charter of, repealed, ..... 494 

" People's, act repealing charter of, repealed, . . .98 

« Roxbury, charter of, repealed, .... 486 

" State, act repealing charter of, repealed, ... 95 

" Warren, name of, changed to Shawmut, . . . 280 
Banks and Banking, regulations concerning, . . 515 — 517 

« authorized to sun-ender their charters on certain conditions, 399 

" form of returns of, varied, ..... 57 

" restrained from issuing notes, except for immediate circula- 
tion, ........ 253 

" to resume specie payment, provisions in aid of, . . 498 
Baptist, (see Religious Society.) 

Beet Sugar, Company incorpoi-ated, ..... 59 

" manufacture of, encouraged, .... 62 

Benevolent Society in Truro, incorporated, .... 428 

Bei'kshire Medical Institution, incorporated, ... 140 

Bemardston, part of Greenfield annexed to, ... 406 



INDEX. 



Ill 



Bleachery Company, Milk Row, incorporated, 

Board of Education, duties and compensation of secretary of, pre 
scribed, .... 

« « exjienses of, to be defrayed, . 

Boat, Meadow River Company, incorporated, 

Bolton and Marlborough, dividing line of, established, 

Bonfii-es and false alarms, prevention of, . 

Boston and Roxbury, dividing line between, altered, 
" Corner, district of, incorporated, 

" Fire Department in, concerning Charitable Association of, 
" Harbor, preservation of, &c., 

*' Police officers of, with certain powers, may be appointed, 
" Wharf Company, corporate property of, reduced. Sec, 

Boundary line between Boston and Roxbury altered, 
" " « Lancaster and Sterling altered, 

« " « Pliillipston and Royalstou established, 

« « « Sutton and Northbridge established, 

« '« " Wellfleet and Truro established, . 

" " " Westfield and Southwick established. 

Bridge over Charles River, between Cambridge and Brighton, con 
cerning, . . . ... 

" " Green's Creek, in Chelsea, concerning. 

Bridges over Mill River, between Upton and Milford, concerning, 

Bridgewater and East Bridgewater, dividing line o^ established, 

Buckland, part of Conway annexed to, . 



Page. 

433 

444 

343 

139 

330 

184 

222 

403 

419 

261 

411 

407 

222 

42 

96 

38 

16 

74 

480 
327 

483 
301 
409 



c. 



Cambridge and Charlestown, to support a highway from Lechmere 

to Prison Point, ..... 

Camp Meeting Grove Corpoi-ation, incorporated, 

" Meetings, protection against disturbance o^ . 
Canal, Indian Orchard, incorporated, 

" Quincy, additional act concerning, . 
Cemetery, Hingham, proprietors of, incorporated, . 

" New Bedford Rural, proprietors of, incorporated, 
" Worcester, proprietors of, incorporated, . 
Census of population duected to be taken, . 
" rateable polls directed to be taken. 
Chancery, Masters in, number of, increased, 
Chai'itable Association of the Boston Fire Department, additional 

act concerning, ..... 

Chelsea, shell fisheiy in, concerning, 
Choates' Bridge, in Ipswich, additional act concerning. 



486 
438 
429 

60 
223 
316 
127 
307 

78 
124 
449 

419 
401 
153 



IV 



INDEX. 



Christian, (see Religious Society.) 

Clam bait, inspection of, regulated, .... 

Collectoi-s of Taxes and Town Treasurers, temporary, to be ap 
pointed in certain cases, .... 

Commercial paper, regulations concerning days of grace on, 
Commissioners, bank, provisions for appointment, and duties of, 
" county, in Essex, may lay out road, &c. in Glou 

cester, .... 

" " in Nantucket, relating to, 

" •' meeting of, in Berkshire, . 

«' « " " Norfolk, 

" " vacancy in Board of, provided for, , 

Congregational, (see Religious Society.) 

Conway, part of, annexed to Buckland, 

Corporations and towns, not to be liable for deficiency in theii" 

roads, &c., in certain cases, 

« regulations concerning owners of shares in, 

CountyJCommissioners of Essex, concerning a road and bridge to 

be laid out by, ...... 

Court of Common Pleas, jurisdiction of, enlarged, . 
" Probate, established in ProvincetoAvn, 
« « in County of Norfolk, alteration of a term of, 

« « " " VVorcestei', terms of, established, 

" Supreme Judicial, number of Judges of, iacreased, . 
Courts, in County of Middlesex, terms of, to be held in Lowell, 
" Police, powers of, in certain cases, . 



Page . 

411 

335 

49;? 

302—306 

159 
240 
144 
221 

148 

409 

395 

382 

421 

479 
92. 
173 

138 
69 
83 

160 



Dam across Monatiquot river, in Braintree, authorized, 
Debtors, insolvent, provisions for relief of, and more equal distribu- 
tion of their effects, ..... 449- 
Dedham Fire Department, established, .... 
Deposhions, provisions concerning, in certain cases. 
Directors of the Boston House of Industry, to make annual returns. 
District of Boston Corner, incorporated, .... 
Districts, representative, provisions concerning. 
Dividends and unclaimed balances, corporations to publish lists of. 
Divorce, to be granted, in case of desertion for five years, . 
Dukes County, salary of Judge of Probate, &c. of, increased. 



199 

-478 
387 
269 
207 
403 
191 
49 
415 
350 



INDEX. 



E. 



East Bridgewater Academy, incorporated, . • 

« and Bridgewater, dividing line of, established. 

Education, Board of, established, .... 

" Secretary of Board of, compensation of, fixed, &c. 

Episcopal, (see Religions Society.) 
Erving's Grant, part of, annexed to Orange, 
Erving, town of, incorporated, .... 

Essex County Teachers' Association, incorporated. 
Evangelical, (see Religious Society.) 
Exchange, damages on inland bills of, reduced, 
Executors and Administrators, compensation of, 

" " " composition of debts by, . 



Page. 

109 
301 
277 
444 

64 
426 
211 

272 
429 
374 



F. 



Factory, (see Manufaduring Company.) 

Fall River Mill-road, &c. Company, additional act concernhig, 

" " Rail-road and Ferry, time extended, . 

False alarms and bonfires, prevention of, . 
Farm School for Indigent Boys, authority oi] to bind out, enlarged 
Fatherless and Widows' Society, incorporated. 
Fire Department in Boston, concerning Charitable Association of 
" in Dedham, incorporated, . 

" in Nantucket, incorporated. 

Fish, weight of, regulated, ..... 
Fisheiy, alewive, in INliddleborough, regulated, 

" in the Agawara and Half-way Pond, regulated, 
" shell, in Chelsea, concerning, 
" " in Ipswich, concerning, 

" in Dennis, regulated, .... 

" in Newbmy, I'egulated, .... 
" in Palmer's River, further regulated, 
Fishing Company, North Falmouth, incorporated, . 

" " Rock Harbor, in Orleans, incorporated, 

" '• Sandwich, Buzzard's Bay, incorporated, 

" " Skiunaquits, additional act, 

Fish Wear Company, incorporated, .... 



91 
340 
184 

307 
21 
419 
387 
291 
174 
206 
312 
401 
404 
133 
209 
192 
114 
161 
401 
18 
87 



VI 



INDEX. 



G. 



Gaming, penalties relating to, ... 

Gas Light Company, Boston, additional act concerning, 
" " in Lowell, incorporated, 

Gay Head Indians, sale of spirits to, prohibited, 

Georgetown, town of, incoi-porated, . . . 

Gloucester, concerning a road to be laid out in, 

Grace on commercial paper, regulations concerning, 

Grafton Gore, annexed to Worcester, 

Granite Bridge Corporation, established, 
« Company, Boston, incorporated, 
« « Washington, incorporated, 

Greenfield, pai-t of, annexed to Bernardston, 

Grouse or Heath-hen, preservation of, 

Guardianship, extinguishment of, in certain cases, . 

Gunpowder, storage of, &c., in Boston, further regulated, 



Page. 

386 

65 

86 

386 

445 

421 

493 

339 

154 

26 

41 

406 

177 

178 

93 



H. 



Hancock Free Bridge, additional act concerning, . 

Harbor of Boston, preservation of, &c.. 

Harvard Ministerial Fund, concerning, 

Harwich, North Parish, name of, changed, . 

Haydn Society in New Bedford, incorporated. 

Health, Public, regulations concerning. 

Highway from Prison Point to Lechmere Point, concerning, 

Highways, alteration of the Revised Statutes concerning repairs of, 

Hingham Cemetery, proprietors of, incorporated, . 

Holden, part of, annexed to Paxton, . 

Hope Oyster Company, in Nantucket, incorporated, 

Hopkinton Springs Company, incorporated. 







261 






433 






422 






349 






281 


g. 




486 


pan 


s of, 


326 
316 
373 


, 




88 


. 




158 



I. 

Imprisonment for debt, &c. provisions respecting, . 

Indian Orchard Canal Company, incorporated, 

Indiofent boys, Boston Asylum and Farm School for, concerning. 

Industry, statistics of certain bi-anches of, concerning, 

Inland Bills of Exchange, damages on, reduced, 

Innholders, &c., regulations concerning, ; 

Insane persons and idiots, provisions concerning confinement of, 



212 

60 
307 
215 
272 
279 
358 



INDEX. 



Vll 



Page. 

Insolvent debtors, provisions for relief of, and more equal distribu- 
tion of their effects, ..... 449 — 478 

Insurance Company, American, additional act concerning, . . 375 
" *' Blackstone, time extended, &c., . . 49 
" " Boston Mutual Fire, incorporated, . . 509 
" " Bradford Mutual Fire, concerning, . . 341 
" " Charlestown Mutual Fire, additional act con- 
cerning, ..... 294 

" " Dedham Mutual Fire, incorporated, . . 20 

" " Fireman's, additional act concerning, . . 418 

" " Fulton, incorporated, .... 58 

" " Hope, in Salem, incorporated, . . 50 
" " Howard, incorporated, . . . 360 
" " India Fire and Marine, charter of, repealed, . 485 
** " Lafayette Fire and Marine, incorporated, . 12 
** " Manufacturers', additional act, . . 35 
" " Merchants' and Mechanics' Mutual Fire, in- 
corporated, ..... 39 

" " Newburyport, time extended, &c., . . 33 
" " Packet, time extended, &c., ... 10 
" " Provincetown Fishing, concerning, . . 351 
♦* " Salem Commercial, additional act concerning, 288 
" " Mutual Fire, incorporated, . . . 410 
" " State Mutual Fire, incorporated, . . 9 
" " Suffolk Mutual Fu*e, additional act concern- 
ing, . . . . . . 183 

" Companies, allowed to invest in rail-road stocks, . 329 

" " regulations concerning, . . . 489 

" " to make annual returns, . . . 204 

Intoxicating liquors not to be sold in taverns, &c. on the Lord's day, 279 

Ipswich, shell fishery in, concerning, .... 404 



J. 

Judge and Register of Probate of Dukes County, increase of sala- 
ries o^ ...... . 350 

Juries, members of General Court, &c. not required to serve on, 

during session, ...... 318 

Jurisdiction over certain lands ceded to the United States, 425, 478 

Jury, trial by in certain cases, restored, .... 240 

Justices of the Peace and others, may compel attendance of wit- 
nesses, ....... 334 

Justices' Court in Suffolk, concerning trustee writs issued by, . 432 



Vlll 



INDEX. 



L. 

Page. 

Lancaster and Sterling, dividing line between, altered, , . 42 
Lechmere Point, highway from, to Prison Point, to be laid out, . 486 
Leominster, part of No Town annexed to, . . • . 397 
Licensed houses, and sale of intoxicating liquors, concerning, . 279 
Liquors, spirituous, restrictions and regulations concerning sale of, 442 
Lowell, city of, amendment of the charter of, . . . 492 
Lunatic Hospital, at Worcester, allowance of fees for commit- 
ments to, ....... 327 

Lunatics, provisions relating to, .... . 259 



M. 



Maiden Bridge, additional acts concerning, 
Manufacturing Company, American, incorporated, 

« " Amherst Silk, incorporated, 

« " Archimedian, incorporated, 

** " Bemis, incorporated, 

« " Berkshire Silk, incorporated, 

« " Boott Cotton Mills, capital stock of, in 

creased, 
« " Boston Calico Works, incorporated, 

'' " Boston Cotton and Woollen, incorporated, 

" " Boston Granite, incorporated, 

" " Bridgewater, name of, changed, . 

« « Bristol Print Works, capital of, increased 

" " Central, incorpoiated, 

" " Chelmsford, incorporated, 

" " Chemical, Dyeing and Printing, addition- 

al act concerning, 
«* " Clinton, incorporated, 

« " Conway, incorporated, 

" " Conway Mills, incorporated, 

« " Crocker, incorporated, 

« " Cummington, incorporated, 

« « Curtisville Cotton, capital stock of, in 

creased, 
« « Damask Cloth, incorporated, 

" " Etna Furnace, incorporated, 

" " Franklin, incorporated, . 

« " Franklin Henip and Flax, name of, 

changed, &c. . . . . 



236, 283 
482 
57 
360 
115 
100 

12 
239 
22 
26 
55 
26 
15 
331 

196 

329 

5 

147 

45 

484 

51 
25 

69 
131 

62 



INDEX. ix 

Page. 

Manufacturing Company, Glendale Mills, incorporated, . . 54 
« « Gouldiug Patent Bale-rope, incoi-porated, 143 
« " Green River, incorporated, . . 97 
« « Hamilton, capital stock of, increased, . 11 
« « Hampden Silk, incorporated, . , 34 
« " Lee, incorporated, ... 44 
«' " Livingston, incorporated, . . 32 
« « MassachusettsHemp, location of, altered, 269 
« " IMerrimack, capital stock of, increased, 11 
" " Mill bury. Locomotive Engine, incorpo- 
rated, ..... 73 
« " Mill bury Paper Mills, incoi-porated, . 290 
" " Minot, incorporated, . . . 122 
" » Monson Branch, incorporated, . . 24 
" " New England Cordage, incorporated, . 176 
« « New England Glass, capital stock of, in- 
creased, .... 363 
« " Northampton Sugar Beet, incorporated, 59 
" " North Andover 3Iills, incorpox-ated, . 26 
" " Norton, incorporated, . . . 146 
<' " Odiorne, incorporated, . • . . 19 
" " Pacific, incorporated, . . 373 
" " Plymouth Iron, incorporated, . . 367 
" " Quincy Granite, incorporated, . . 55 
" " Richmond, incorporated, . . 40 
*' " Robbins Cordage, incorporated, . 287 
" " Roxbury Wool and Worsted, incoi-po- 
rated, ..... 290 
" " Shawmut 3Iills, incorporated, . • . 221 
" " Singletary, incorporated, ... 27 
" " South Boston Steam 31111, incorporated, 135 
" " Springfield Satinet, incorporated, . 8 
" " Stoneham Marble and Lime, incorpo- 
rated, ..... 228 
" " SuflSblk, capital stock of, increased, . 82 
" " Sugar Beet, incorporated, . . 59 
" " Sutton Woollen Mills, incorporated, . 29 
" " Taunton Iron, incorporated, . , 37 
" " Taunton Lon Fouudiy, incorporated, . 43 
" " Tremont Mills, capital stock qf, increased, 82 
" " Wadsworth W^oollen, incorporated, . 72 
" " Washington, incorporated, and additional 

act concerning, . . .67, 264 

" " Washington Gi-anite, incorpox-ated, . 41 



INDEX. 



Manufacturing Company, Wessacumcon Steam Mills, incorporated, 
" " West, incorporated, 

" " Westfield White Lead, incorporated, 

" " West Stockbridge, &c. Marble and Lime 

incorporated, 
** " Westville, incorporated, . 

" " Weymouth Iron, incorporated, . 

" " Wrentham Carpet, incorporated, 

" " Valley Mills, incorporated, 

" ' " Verd Antique Marble, incorporated, 

" Corporations, provision concerning, in case of insol- 

vency, ..... 

" Establishments, concerning instruction of youth in, 

Marble and Lime Company, Stoneham, incorporated, 

" " " West Stockbridge and Hudson, incor 

porated, . . . 

Marlborough and Bolton, dividing line of, established. 
Masters in Chancery, number of, may be increased to four in each 
county, ...... 

Mattapoisett Oyster Company, established, . 
Medical Institution in Berkshire, incorporated, 
Methodist, (see Religious Society.) 
Middlesex Bridge, additional act concei-ning, 

" Courts in, terms of, to be held in Lowell, 

" Mechanics Association, concerning. 

Militia, further regulations concerning, 
Milk-Row Bleachery Company, incorporated. 
Mining Company, Abington, incorporated, . 
" " Berkshire, incorporated, . 

« " Boston and New York, incorporated, 

" " Bristol and Norfolk, incorporated, 

« " Mansfield, &c., united with others, 

" " Merrimack Coal, incorporated, 

« " Tremont, incorporated, 

" " Wrentham, incorporated. 

Ministerial, (see Religious Society.) 
Monatiquot River, dam across, authorized, . 
Mountain Seminary at Worthington, incorporated. 



Page. 

117 

46 
123 

28 

357 

30, 491 

85 
116 
136 

488 
398 

228 

28 
330 

449 
400 
140 

90 

83 

56 

273 

433 

365 

52 

167 

405 

434 

182 

226 

299 

199 
4 



Nails, inspection of, regulated. 
Names, change of, authorized. 



104 
245, 502 



INDEX. 



XI 



Nantucket Fire Department, established, 

" may raise money for county expenses, . 

" Probate Court, concerning, 

New Bedford Haydn Society, incorporated, 
Newburyport and Newbury jMeclianics' Association, incorporated 

" Putnam Free School, trustees of, incorporated, 

New Church Society in Charlestovvn, name of, changed, 
New England Academy, incorporated, 

" Clu-istian Academy, incorporated, 

New Salem, part of, annexed to Athol, 

« " " Orange, 

Newton, " " Roxbury, . 

Northhridge and Sutton, dividing line between, established 
North Wharf Company, in Truro, incorporated, 
Norton Female Seminary, incorporated, 
No Town, part of, annexed to Leominster, » 

" « " Princeton, 

" " " Westminster, . 

Noxious Animals, bounty for destruction of certain, repealed, 



Page. 

291 

356 
323 
349 

95 
368 

68 
421 

31 

70 

66 
481 

38 
338 

47 
397 
352 
380 
331 



O. 



Otis, town of; tract of unincorporated land annexed to. 
Overseers of the Poor, to make annual returns, 
Oxford North Gore, annexed to Oxford, 



364 
207 
339 



P. 



Pardons, conditional, regulations concerning, . . . 188, 189 
Parish, (see Religions Society.) 

" Officers, prescribing the mode of election of, . . 337 
Parsonage lands, (see Religious Society.) 

Partition of Real Estate, provisions concerning, . . . 324 

Passengers, alien, regulations concerning, .... 270 

Paupei-s, deceased, disposition of effects of, . . . . 48 

Paxton, part of Holden annexed to, . . . . . 373 

Personal Estate, concerning wills of, .... 288 

Phillipston and Royalston, dividing line between, established, . 96 

Pilotage, in New Bedford and Fairhaven, fees of, . . . 20 

Police Courts, in l?oston, and elsewhere, provisions concerning, . 432 

" Officers, of Boston, provision concerning appointment of, . 411 



xii INDEX. 

Page, 

Poor, Overseers of, to make annual returns, . . . 207 

" of unincorporated places, relating to, .... 185 

Precinct, (see Religious Society.) 

Princeton, part of No Town annexed to, . . . . 352 

Prison, State, discipline of, &c,, regulated, .... 225 

Private vv^ays, concerning, ...... 172 

Probate Bonds, provisions concerning suits on, in certain cases, . 495 

" Court, in Dukes County, salaries of judges, &c. ofj increased, 350 

" " Nantucket, time for holding, altered, . . 323 

" " Suffolk, times for holding, altered, . . 342 

Provers of fire-arms, appointment of, .... 227 

Provincetown, province lands in, preservation of, provided for, . 435 

Public health, regulations concerning, .... 281 



Q. 

Quincy Canal, additional act concerning, .... 223 



Rail-road, Andover and Haverhill, scrip to be issued in aid of, . 196 
" '■ and Wilmington, additional act concei*ning, . 106 
" Berkshire, incorporated, ..... 168 
" Charlestown Branch, additional act concerning, . 89 
" Corporations, authorized to make certain contracts, . 383 
" " regulations concerning, . . . 254 
" Corporation, Boston and Lowell, capital stock of, in- 
creased, ..... 377 
" " Eastern, to aid construction of, . . 509 
" " Nashua and Lowell, united, . . 378 
« «* " " time extended for 

completing, . 488 

«' « " « to aid construction of, 413 

« " New Bedford and Fall River, revived, . 491 
'« " Old Colony, established, . . .391 
«« " Seekonk Branch, provision concerning 

laying rails by, . . . .513 

« « Western, further issue of State scrip in 

aid of, authorized, . . 295 
" " " allowed more time for locating 

certain parts of road, . 334 

" " West Stockbridge, revived, . . 289 

" " Worcester Branch, concerning, . . 514 



INDEX. 



xui 



Raii-road, Eastern, part of route of, altered, 
" " scrip to be issued in aid of, 

" Norwich and Worcester, scrip to be issued in aid ofj 

" Seekonk Branch, additional act concerning, 

" Taunton Branch, capital stock of, increased, 

" Western, payment of subscription to, provided for. 

Real Estate, concerning attachment of, . 

" held in common, concerning sale of, in certain cases 

" of minors, provisions concerning sale of, 

" partition of, provisions concerning, 

Register of Deeds of Bristol county to deliver certain deeds to the 
register of the southern district, 
" of Probate, &c., of Dukes county, increase of salary of, 

Registry of Deeds for the southern towns in county of Bristol, es 
tablished, ...... 

Religious Society, Andover, First Universalist, incorporated, 

« « " Protestant Episcopal Church in, pro 

prietors of, incorporated, 
« " Barnstable, West Parish, may sell parsonage 

lands, ..... 

« « Bevei ly, Thh-d Congregational, name of, changed, 

« « Boston, Central Universalist, name of, changed, 

« « " Essex Street Congregational, incorpo- 

rated, . . . . . 

« « « Fifth Universalist, incorporated, 

« « " First Independ. Baptist, incorporated, . 

« « " Fourth Universalist Meeting-house, pro- 

prietors of, incorporated, 
« " " Maverick Congregational, incoi*porated, 

« « " Methodist, trustees of, incoi-porated, 

« « « Warren street chapel, incorporated, 

« « Bradford, Methodist, trustees of, incorporated, . 

« « Brighton, First Parish, may tax pews, . 

« « " " may sell parsonage lands, 

« « Charlestown, New Church, name of, changed, 

« « Chelmsford, North Meeting-house, proprietors 

of, incorporated, ... 

t( « Danvers, First, incorporated, 

« « Dennis, South Parish, may tax pews, 

« « Grafton, Evangelical Congregational Meeting 

house, proprietors of, incorporated, . 
« « Greenfield, Unitarian Meeting-house, proprie 

tors of) incoi-porated, . 
« " Harwich, Baptist, may sell their lands, . 



Page. 

148 
200 

75 
181 

17 
179 
496 
187 
501 
324 

366 
350 

194 

328 

113 

300 
233 
424 

251 

332 
311 

227 
306 
340 

23 
322 
431 
324 

68 

423 
342, 440 

i>7 

120 

112 

7 



XIV 



INDEX. 



Religious Society, Harwich, North Parish, name of, changed, 

« « Harvard, ministerial fund of, provisions con 

cerning, .... 

« « Haverhill, West Parish, may sell ministerial 

lands, ..... 
M « Lowell, First Universalist Meeting-house, pro 

prietors of, incorporated, 
«' " " Second Universalist Meeting-house 

proprietors of, incorporated, 
« « -Lynn, Protestant Episcopal, wardens, &c. of, 

incorporated, .... 
« « Middleboro' and Taunton Precinct, may sell 

their lands, .... 
« « Rochester, &c., Congregational Precinct, pow- 

ers and duties of, . 

« « Salem, Independent Congregational, additional 

provisions concerning, 
« « « New South Meeting-house, name of, 

changed, 
« « Sutton, South Parish, may sell real estate, 

M « Troy, First Chi-istian Union, authorized to tax 

pews, ..... 
« « Truro, First Parish, may sell their lands, 

u « West Newbury, Second Parish, may sell par 

sonage lands, .... 
« « Weymouth, North Parish, may sell parsonage 

lands, ..... 
Reports of the decisions of the S. J. Court, provision concernin 

the publishing of, .... . 

Representative Districts, relating to, ... 

Revenue, Surplus, acts concerning reception and deposite of, 3, 77, 
Rochester Academy, incorporated, .... 
Rogues and Vagabonds, concerning, 
Roxbury and Boston, dividing line between, altered, 

" part of Newton annexed to, . . . 

Royalston and Phillipston, dividing line between, . 



422 

433 

371 

190 

318 

408 

132 

121 

371 

405 
99 

367 
265 

119 

323 

385 
191 
101, 126 
103 
235 
222 
481 
96 



s. 



Salary of Judge, &c. of Probate, of Nantucket, increased, 
" of Secretary's second clerk, inci-eased, 
" of Sergeant at Arms, increased, 
« of Ti'easurer's second clerk, increased, 

Salem, city of, additional act concerning. 



82 
174 

14 

175 

6 



INDEX. 



XV 



Salem Harbor, to prevent obstructions in, . , 

Salt, provisions concerning inspection of, repealed, 
Saudisfield, town of, tract of unincorporated land annexed to. 
Sandwich, Buzzard's Bay Fishing Company, incorporated. 
Savings Institution, in Chelsea, established, 

" " City, in Lowell, 

School Districts may establish libraries, 

" " regulations concerning union of. 

Schools among certain Indians, appropriation for, . 

" Board of Education for, established, 

" form of retui-ns of, altered, .... 

" public duties of committees of, &c., prescribed, 
Secretary of the Board of Education, duties and compensation of, 
presci'ibed, ...... 

Small Pox, certain provisions in relation to, repealed, 
South Boston Association continued, &c. 
South Reading Academy, may sell real estate, 
Southwick and Wcstfield, dividing line of, established, 
Spiritous liquors, restrictions and regulations concerning sale of, 

" " sale of, to Gay Head Indians, forbidden, . 

Stage Company, Salem and Boston, charter of, repealed, . 
State Prison, discipline of, &c., regulations concerning, 

" " provisions relating to government and discipline of, 
Statistics of certain branches of industry, returns of. 
Steam Boat Company, Boston and Portsmouth, incorporated. 
Sterling and Lancaster, dividing line of, altered, 
Suftblk County Probate Courts, times for holding, altered, . 
Sugar, Beet, manufacture of, encouraged, 
Sugar Beet Company, incorporated, .... 

Supi-eme Judicial Court, number of Judges of, increased, . 

" " " I'eports of the decisions of, concerning 

publishing o^ . 

Surplus Revenue, act concerning i-eception and deposite of, 3, 77, 

Sutton and Northbridge, dividing line of, established. 



Page. 

300 
161 
376 

401 
98 

ia9 

145 

499 
439 
277 
257 
395 

444 

443 

333 

134 

74 

442 

386 

268 

225 

437 

215 

137 

42 

342 

62 

59 

69 

385 

101, 126 

38 



T. 



Taunton Mechanics' Association, incorporated, ... 53 
Taxes on Machinery, where to be assessed, ... 81 
Teachers' Association, Essex County, incorporated, . . 211 
Town Meetings, annual, may be held in February, ... 47 
Town Treasurers, and Collectors of taxes, tempoi-ary, to be ap- 
pointed in certain cases, ..... 335 



XVI 



INDEX. 



Towns and other Corporations, hot to be liable for deficiency in 

their roads, &c. in certain cases, 
Trial by Jury restored, in cei-lain cases, 
Truro and Wellfleet, dividing line of, established, . 
« Benevolent Society in, incorporated, . 
" North Wharf Company, incorporated. 
Trustees of Newburyport Putnam Free School, incorporated, 
Turnpike, Chester, rate of toll on, regulated, 
" Eighth Massachusetts, location of, 
« « « location of part of, altered. 



Page. 

395 
240 
16 
428 
338 
368 
146 
346 
110 



u. 



Unincorporated places, poor of, how^ provided for, &c. 
Unitarian, (see Religious Sociely.) 

United States, jurisdiction over certain lands, ceded to, 
Universalist, (see Religious Society.) 



185 
425, 478 



V. 

Vagabonds and Rogues, concerning, 

Verd Antique Marble Company, incorporated, 



235 
136 



w. 



Ward, name of town of, changed to Auburn, 

Warren Sti-eet Chapel Association, incorporated, 

Watchmen, additional, for protection of State House, authorized, 

Wellfleet and Truro, dividing line of, established, . 

Westfield and Southwick, dividing line of, established, 

Westminster, part of No Town annexed to. 

West Sutton Literary Institute, incorporated. 

Wharf Company, Boston, additional act concerning, 

« " " corporate property of, reduced, &c., 

" " Charlestown, may extend their wharves, 

« « in Truro, incorpoi'ated, 

" at Red Brook landing, location of, confirmed, 

" Harris's, may be extended, 

" belonging to B. Mui-dock, may be extended, 

« « to S. Bourne, « " 

« " to B. Comey, « " 

« « to J. Harris, « . " 

« " to J. Ingersoll, " « 





14 




23 


orized. 


365 




16 




74 




380 




118 




61 


kc. 


407 




232 




338 




404 




266 




33 




43 




224 




203 




267 



INDEX. 



xvu 



Wharf belonging to R. G. Shaw, may be extended, 
« « to S. Aspinwall, " " . 

« " to Winnisinimett, " " . 

" of Allen Coffin, &c., Edgartown, to be maintained, 
" of Benjamin Fiske, may be extended, 
" of Charles Leighton, " " . 

" of Daniel Prescott and David Chapin, may be extended, 
« of Edmund P. Dolbeare, " " 

" of Henry Gardner, " " 

" of James Bartlett, " " 

" of John W. Trull, " " 

« of Robert Ripley, « " 

" of Robert Robbins and Shephard Robbins, " " 

« Sargent's, " " 

« of Timothy Bourne, " " 

« Thompson's, " *' 

" Union, in Boston, " " 

« « in Holmes' Hole, " « 

« of Waid M. Parker and Eplu-aim Eldridge, " " 

" of William and Leonard Foster, " " 

Wheat, production of, encouraged, . . . . 

Widows of deceased persons, allowance to, . . 

Wills of personal estate, concerning, 

Williamstown, town of, tract of unincorporated land annexed to, 

Witnesses, provision for attendance of, before justices of the peace, 
masters in chancery, &c., .... 

Worcester Cemetery, proprietors of, incorporated, . 

" Grafton Gore annexed to, ... 

Writs, and absent defendants, provisions concerning, 

" Trustee, how served, &c., .... 



Page. 

234 

231 

230 

494 

416 

336 

349 

352 

417 

497 

336 

483 

354 

369 

416 

210 

325 

351 

3G3 

361 

319 

430 

288 

372 

334 
307 
339 
409 
229 



z. 



Zoar, part of, annexed to Charlemont, 
" « " toRowe, 



344 
345 



^ 



LAWS 



Commotitoealtl) of ^a00aci)usetts. 



PASSED BY THE GENERAL COURT, 



AT THEIR SESSION, WHICH COMMENCED ON WEDNESDAY, THE FOURTH OF JANU- 
ARY, AND ENDED ON THURSDAY, THE TWENTIETH OF APRIL, ONE 
THOUSAND EIGHT HUNDRED AND THIRTY-SEVEN. 



^ul)Ifs!)e"& afltceablj to a a^esolbe of tf)e sfjrteentf) 3Jantiartj, 1812. 




fronton: 

OUTTON AND WENTWORTH, PRINTERS TO THE STATE. 

1837. 



LAWS 



iSromwonUJtaUlj of £Ban^atf^\xmtt^^ 



PASSED BY THE GENERAL COURT, 



AT THEIR SESSION WHICH COMMENCED ON WEDNESDAY, THE FOURTH OF 

JANUARY, AND ENDED ON THURSDAY, THE TWENTIETH OF APRIL, 

ONE THOUSAND EIGHT HUNDRED AND THIRTY-SEVEN. 



CHAP. I. 



An Act concerning the Surplus Revenue of the 
United States. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The treasurer and receiver general of this Com- Treasurer au- 

. 1 • 1 • thorized to re- 

monwealth is hereby authorized to receive, on the ceive moneys, 
terms prescribed in the thirteenth section of the 
act of Congress, entitled " an act to regulate the 
deposites of the public money," approved the twen- 
ty-third day of June, eighteen hundred and thirty- 
six, the proportion of the moneys thereby directed 



4 MOUNTAIN SEMINARY. Feb. 7, 1837. 

to be deposited with the several States, which may, 
according to the provisions of that section, be depos- 
ited with this State ; and to sign and deliver, to the 
secretary of the treasury of the United States, 
such certificates of deposite tiierefor as may be re- 
quired under the provisions of that section ; and to 
pledge the faith of this State for the safe keeping 
and re-payment thereof, in such manner as may be 
necessary to entitle the treasurer and receiver 
general to receive, for and in behalf of this State, 
said proportion of the moneys before mentioned. 

[Approved by the Governor, January 19, 1837.] 



CHAP. n. 

An Act to incorporate the Mountain Seminary, at 
Worthington. 

Jl>E it enacted by the Senate and House of Rep- 
resentatives^ in General Court assembled^ and by the 
authority of the same, as follows : 

fa^eo*"' '"'"°'^°' S^^- ^* William Wetmore, Hiram Bagg and 
William Ward, their associates and successors, are 
hereby made a corporation, by the name of "The 
Mountain Seminary," to be established at Worthing- 
ton, in the county of Hampshire ; with all the pow- 
ers and privileges, and subject to all the duties, 
restrictions and liabilities, set forth in the forty- 
fourth chapter of the Revised Statutes. 

^***'^- Sec. 2. The said corporation may hold real and 

personal estate to the amount of thirty thousand 



CONWAY MANUF. CO. Feb. 7, 1837, 

dollars, to be devoted exclusivelj to the purposes of 
education. 

[Approved by the Governor, February 7, 1837.] 



CHAP. III. 



An Act to incorporate the Conway Manufacturing 
Company. 

jjE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Edmund Burke. Elijah Arms and John Persons incorpo- 

'^ rated. 

Thomas, their associates and successors, are hereby 
made a corporation, by the name of the " Conway 
Manufacturing Company," for the purpose of manu- 
facturing cotton and woollen goods, and machinery, 
in the town of Conway, in the county of Franklin ; 
and for this purpose shall have all the powers and 
privileges, and be subject to all the duties, restric- 
tions and liabilities, set forth in the thirty-eighth 
and forty-fourth chapters of the Revised Statutes. 

Sec. 2. The said corporation may hold, for the Estate. 
purposes aforesaid, real estate to the amount of 
thirty thousand dollars, and personal estate to the 
amount of seventy thousand dollars. 

[Approved by the Governor, February 7, 1837.] 



CITY OF SALEM. Feb. 9, 1837. 



CHAP. IV, 

An Act in addition to an Act entitled " an Act in- 
corporating the Ciiy of Salem." 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Assistant assess- Sec. 1. The city of Salem shall be divided into 
four wards, and the city council shall elect annually 
one or more assistant assessors in each ward. 

Common council- Sec. 2. Six common councilmen shall be annu- 

men. •in 

ally elected in each ward ; and whenever it shall so 
happen that the whole number of common council- 
men shall not be chosen at the meeting or meetings 
now provided for, the same proceedings shall be had 
as are provided with reference to the choice of 
mayor. 
Health commis- Sec. 3. The citv council may elect health com- 

sioners. "^ 

missioners from either or both branches of said city 
council. 
Organization of Sec. 4. The auuual organization of the city 

city government. ° •' 

government shall take place on the fourth Monday 
in March ; and the present officers shall hold their 
offices until others shall be chosen and qualified in 
their stead. 
Vacancies, how Sec, 5. In casc of the death or resignation of 
any member of the board of aldermen, or of the 
common council, such vacancy may be filled at any 
regular meeting of the inhabitants of said city, called 
for that purpose. 

Sec. 6. All the provisions of the act to which 



filled 



act. 



BAPT. SOC, HARWICH. Feb. 9, 1837. 

this is in addition, inconsistent with the provisions 
of this act, are hereby repealed. 

Sec. 7. This act shall be void unless the inhabi- condition of 
tants of said city, at a general meeting called for 
that purpose, shall, by written votes, accept the 
same, within twenty days from its passage. 

[Approved by the Governor, February 9, 1837.] 



CHAP. V. 



An Act to authorize the sale of Parochial lands by 
the Baptist Society in Harwich. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows: 

Sec. 1. The Baptist Society in Harwich is here- Socjeiy auihor- 

^ •' ized to sell 

by authorized to sell a tract of land owned by said tract of lami. 
society, lying in said town ; and the treasurer of said 
society, for the time being, is authorized to execute 
a deed or deeds to convey the same to the purcha- 
ser. 

Sec. 2. The proceeds of such sale or sales of Proceeds of 

^ sale, now to be 

said land shall be expended for parochial purposes, expended. 
and none other. 

[Approved by the Governor, February 9, 1837.] 



SPRINGF, SATINET CO, Feb 9, 1837. 



CHAP. VI. 

An Act to incorporate the Springfield Satinet Com- 
pany. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the Same, as follows : 
Persons incorpo- §£0. 1. Elisha Curtis, Walter H. Bowdoin and 

rated. 

William Child, their associates and successors are 
hereby made a manufacturing corporation by the 
name of " the Springfield Satinet Company" for the 
purpose of manufacturing woollen and cotton goods 
and machinery in the town of Springfield, in the coun- 
ty of Hampden ; and for this purpose, shall have all 
the powers and privileges, and be subject to all the 
duties, restrictions and liabilities set forth in the thir- 
ty-eighth and forty-fourth chapters of the Revised 
Statutes. 
Estate. Sec. 2. Said corporation may hold, for the pur- 

poses aforesaid, real estate to the amount of thirty 
thousand dollars, and the w-hole capital shall not 
exceed one hundred thousand dollars. 

, [Approved by the Governor, February 9, 1837.] 



STATE MUT. FIRE INS. CO. Fe6. 11,1837. 



CHAP. VII. 

An Act to incorporate the State Mutual Fire Insur- 
ance Company. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Henry Noyes, J. B. Russell, and Lemuel Shat- persons incorpo- 
tuck, their associates and successors, are hereby 
made a corporation, by the name of the State Mu- 
tual Fire Insurance Company, to be located in the 
city of Boston, in the county of Suffolk, for the 
purpose of making insurance upon any building, 
stock, or other property whatever, within the Com- 
monwealth, with all the powers and privileges, and 
subject to all the duties, restrictions and liabilities 
set forth in the thirty-seventh and forty-fourth chap- 
ters of the Revised Statutes, for the term of twenty- 
eight years. 

[Approved by the Governor, February 11, 1837.] 



2 



10 



PACKET INSURANCE CO. Feh. 11, 1837. 



CHAP. VIII. 



Time extended 
for paying in 
capital. 



When to com- 
mence business. 



An Act to extend the time for paying in the Capital 
Stock of the Packet Insurance Company, and for 
other purposes. 

Be it enacted by the Senate and House of Rep- 
resentatives, in Gefieral Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The time wherein the capital stock of 
the Packet Insurance Company is by law required 
to be paid in, is hereby extended to the fourteenth 
day of March, in the year one thousand eight hun- 
dred and thirty-eight. 

Sec. 2. The said company may commence their 
business when one hundred thousand dollars of said 
stock shall have been paid in, being restricted to 
eight per centum on any one risk ; and whenever 
said stock shall be increased to one hundred and 
fifty thousand dollars, ten per centum may be taken 
on any one risk : provided, however, that the whole 
amount of two hundred thousand dollars shall be 
paid in within two years from the passing of this act. 

[Approved by the Governor, February 11, 1837.] 



HAMILTON MANUFAC. CO. Feb. 11, 1837. 11 



CHAP. IX. 

An Act to increase the Capital Stock of the Merri- 
mack Manufacturing Company. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, arid by the 
authority of the same, as follows : 

The Merrimack Manufacturing Company is here- increase of capi- 
by authorized to increase its capital stock by the 
creation of five hundred additional shares, of one 
thousand dollars each. 

[Approved by the Governor, February II, 1837.] 



CHAP. X. 

An Act to increase the Capital Stock of the Hamil- 
ton Manufacturing Company. 

i3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The Hamilton Manufacturing Company at Low- increase of capi- 
ell, is hereby authorized to increase its present cap- 
ital stock by an addition thereto of two hundred 
and fifty thousand dollars. 

[Approved by the Governor, February II, 1837.] 



12 LA FAYETTE F. & M. INS. CO. Feh. 11,1 837. 



CHAP. XI. 

An Act to increase the Capital Stock of the Boott 
Cotton Mills. 

i>E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Increase of capi- The Boott Cotton Mills are hereby authorized to 

tal. ... "^ 

increase their capital stock by the creation of such 
number of additional shares, not exceeding five hun- 
dred, of one thousand dollars each, as the said cor- 
poration may on the completion of their works, find 
to be needful. 

[Approved by the Governor, February 11, 1837.] 



CHAP. XII. 

An Act to incorporate the La Fayette Fire and Ma- 
rine Insurance Company. 

UE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
fated"* ''"'**P°' Sec. 1 . Isaac Leonard, George W. Lewis and 
Ezra Hutchins, their associates and successors, are 
hereby made a corporation by the name of the La 
Fayette Fire and Marine insurance Company, to be 
located in the city of Boston, in the county of Suf- 



LAFAYETTE F. & M. INS. CO. Feh. 11, 1837. 13 

folk, for the purpose of making maritime loans, and 
insurance against maritime losses, and losses by fire, 
in the customary manner, with all the powers and 
privileges, and subject to all the duties, restrictions 
and liabilities set forth in the thirty-seventh and for- 
ty-fourth chapters of the Revised Statutes, for the 
term of twenty years from the passing of this act. 

Sec. 2. The said corporation may hold any es- Estate. 
tate, real or personal, for the use of said company : 
provided^ that the real estate shall not exceed the 
value of fifty thousand dollars, excepting such as 
may be taken for debt, or held as collateral security 
for money due the said company. 

Sec. 3. The capital stock of said company shall Capital stock. 
be two hundred thousand dollars, and shall be divid- 
ed into shares of one hundred dollars each, and shall 
be collected and paid in, in such instalments and 
under such provisions and penalties, as the president 
and directors of said company shall order and ap- 
point. 

Sec. 4. The said company may commence their corporation 
business when one hundred thousand dollars of said mencebus'i^ess. 
stock shall have been paid in, being restricted to 
eight per centum on any one risk, and whenever 
said stock shall be increased to one hundred and fit'ty 
thousand dollars, ten per centum shall be allowed to 
be taken on any one risk : provided, however, that 
the whole amount of two hundred thousand dollars 
shall be paid in, within two years from the passing 
of this act. 

[Approved by the Governor, February 11, 1837.] 



U TOWN OF WARD. Feb. 17, 1837. 



CHAP. XIII. 

An Act relating to the Salary of the Sergeant at 

Arms. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, asfolloivs : 

From and after the first day of January, one thou- 
sand eight hundred and thirty-seven, the sergeant at 
arms shall receive an annual salary of one thousand 
dollars, instead of eight hundred and fifty dollars, as 
provided in the sixty-fifth section of the thirteenth 
chapter of the Revised Statutes. 

[Approved by the Governor, February 14, 1837.] 



CHAP. XIV. 



An Act to change the name of the Town of Ward. 



it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, asfolloivs : 

The name of the town of Ward, in the county of 
Worcester, is hereby changed to the name of Au- 
burn, and said town shall henceforth be known and 
called by the said last mentioned name, any thing in 
the act whereby the said town was incorporated, to 
the contrary notwithstanding. 

[Approved by the Governor, February 17, 1837.] 



CENTRAL MANUF. CO. Feb. 17, 1837. 15 



CHAP. XV. 

An Act to incorporate the Central Manufacturing 
Company. 

JlJE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as folloios : 

Sec. 1. Ebenezer D. Ammidown, Hiram Whee- Persons 
lock, Linus Child, their associates and successors, 
are hereby made a corporation by the name of the 
Central Manufacturing Company, for the purpose of 
manufacturing cotton, in the town of Southbridge, 
in the county of Worcester ; and for this purpose 
shall have all the powers and privileges, and be sub- 
ject to all the duties, restrictions and liabilities, set 
forth in the thirty-eighth and forty-fourth chapters 
of the Revised Statutes of this Commonwealth. 

Sec. 2. The said corporation may hold, for the Estate. 
purposes aforesaid, real estate to the amount of 
seventy-five thousand dollars, and personal estate 
not exceeding the value of one hundred and fifty 
thousand dollars. 

[Approved by the Governor, February 17, 1837.] 



uicorpo- 



16 WELLFLEET AND TRURO. Feb. 22, 1837. 



CHAP. XVI. 

An Act to establish the division line between the 
towns of Wellfleet and Truro. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The dividing line between the towns of Wellfleet 
and Truro shall hereafter be as follows, viz : Be- 
ginning at a stone monument on the westerly side 
of the Cape ; thence westerly four rods to the Bay ; 
thence from said monument east one degree north, 
three hundred and eighty-two rods and thirteen 
links to a stake ; thence east one degree north, two 
hundred and forty-six rods and eight links to a pine 
tree, marked T. and W. ; thence east one hundred 
and eighty-three rods to a stone ; thence east three 
degrees south, one hundred and eight rods and five 
links to a stake; and thence east four degrees south, 
three hundred and sixty rods and seventeen links to 
a stone monument ; thence east to the ocean. 

[Approved by the Governor, February 22, 1837.] 



TAUNTON BR. R. R. CORP. Feh. 22, 1837. 17 



CHAP. XVII. 

An Act to authorize the Taunton Branch Rail-road 
Corporation to increase their capital stock. 

i3E it enacted by the Senate and House of Rep- 
resentatives^ in General Court assembled, and by the 
authority of the same, as follows : 

The Taunton Branch Rail-road Corporation are increase ofcapi- 
hercby authorized to increase their caj)ital stock to 
an amount not exceeding fifty thousand dollars, by 
the creation of an additional number of shares, not 
exceeding five hundred, of one hundred dollars each ; 
the said shares to be disposed of in such marmer as 
the corporation shall determine, and to be assessed 
as the directors shall find expedient ; the amount 
thus raised to be applied to the purposes specified in 
their act of incorporation. 

[Approved hy the Governor, February 22, 1837.] 



S 



IS CITY BANK, LOWELL. Feb, 22, 1837. 



CHAP. XVIII. 

An Act in addition to an act to incorporate the 
Skinnaquits Fishing Company, in Harwich and 
Chatham. 

1>E it enacted by the Senate and House of Rep- 
resentaiives, in General Court assembled, and by the 
authority of the same, as follows : 
Persons incorpo- ^j^g ^jj^g of liolding the annual meeting of the 

raied. o e 

Skinnaquits Fishing Company in Harwich and 
Chatham, shall be on the first Tuesday in March, 
instead of the first Tuesday in April, as now pro- 
vided in the act to incorporate said company. 

[Approved by the Governor, February 22, 1837.] 



CHAP. XIX. 

An Act in addition to an Act entitled "an Act to 
establish the City Bank in Lowell." 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Time for paying 'fhe time for paying in the capital stock of the 

in capital stock i . q i 

extended. corporation created by the act to which this is in 

addition, is hereby extended to the first Monday in 
October, in the year one thousand eight hundred 
and thirty-seven ; and the said act, to which this is 
in addition, and all the doings under and by virtue 



ODIORNE MANUF. CO. Feb. 22,\SS7. 19 

thereof, as well before as after the passage of this 
act, shall have the same validity, force and effect, as 
if said capital stock had been paid in on or before 
the first day of January, in the year one thousand 
eight hundred and thirty-seven, any thing in said 
act, to which this is in addition, to the contrary not- 
withstanding. 

[Approved by the Governor, February 22, 1^37.] 



CHAP. XX. 

An Act to incorporate the Odiorne Manufacturing 
Company. 

JdE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. George Odiorne, Josiah J. Fisk and Persons mcorpo- 
Joseph J. Fales, their associates and successors, are 
hereby made a corporation, by the name of the 
Odiorne Manufacturing Company, for the purpose 
of manufacturing machinery and cotton and woollen 
goods in the town of Sturbridge, in the county of 
Worcester, with all the powers and privileges, and 
subject to all the duties, restrictions and liabilities, 
set forth in the thirty-eighth and forty-fourth chap- 
ters of the Revised Statutes. 

Sec. 2. The said corporation may hold, for the Estate. 
purposes aforesaid, real estate to the amount of 
three hundred thousand dollars, and the whole capi- 
tal stock of the said corporation shall not exceed the 
amount of five hundred thousand dollars. 

[Approved by the Governor, February 22;, 1837.] 



20 PILOTAGE IN N. BED., &c. Feb. 23, 1837. 



CHAP. XXI. 

An Act to incorporate the Dedham Mutual Fire In- 
surance Company. 

XjE it enacted by the Senate and House of Rep- 
resentatives^ in General Court assembled^ and by the 
authority of the same, as follows : 
Persons incorpo- Leonard Hod"es, Erastus Worthington and Har- 

rated. ^ . . 

vey Clap, their associates and successors, are here- 
by made a corporation by the name of the Dedham 
Mutual Fire Insurance Company, in the town of 
Dedham, in the county of Norfolk, for the purpose 
of insuring buildings, stock in trade, and all other 
kinds of personal property, with all the powers and 
privileges, and suhject to all the duties, restrictions 
and liabilities, set forth in the thirty-seventh and 
forty-fourth chapters of the Revised Statutes, for 
the term of twenty-eight years. 

[Approved by the Governor, February 22, 1837.] 



CHAP. XXII. 

An Act concerning pilotage in New Bedford and 
Fairhaven. 

J3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Rale of Pilotage. Xhc rate of pilotage for all vessels outward bound 
from the ports of New Bedford and Fairhaven, shall 



BOSTON FATH. & WID. SOC. Feh. 23, 1837. 21 

be one dollar and fifty cents a foot ; and so much of 
the thirtj-seventh section of the thirty-second chap- 
ter of the Revised Statutes as fixes the rate of pilot- 
age for outward bound vessels at one dollar a foot, 
is hereby repealed. 

[Approved by the Governor, February 23, 1837.]' 



CHAP. XXIII. 

An Act to incorporate the Boston Fatherless and 
Widows' Society. 

I3E it enacted by the Senate, and House oj Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, asfolloivs: 

Lydia Boles, M. P. Blagden and Elizabeth F. Persons incorpo 

•^ ' _ * rated. 

Gurney, with their associates and successors, are 
hereby made a corporation by the name of the Bos- 
ton Fatherless and Widows' Society, with power to 
take and hold, by subscription, gift, grant, purchase, 
bequest or otherwise, personal and real estate, not 
exceeding in amount at any one time fifty thousand 
dollars; the funds so held, and the income thereof, 
to be expended and applied for the purpose of reliev- 
ing indigent widows and fatherless children, subject 
to the provisions of the forty-fourth chapter of the 
Revised Statutes of this Commonwealth. 

[Approved by the Governor, February 23, 1837.] 



-22 BOSTON COT. & WOL. M. CO. Feb. 23, 1837. 



CHAP. XXIV. 

An Act to incorporate the Boston Cotton and Wool- 
len Manufacturing Company. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Persons incorpo- Sec. 1. John Cook, Sauiuel S. Ridgwav and 

rated. i i i • • o ^ 

Joshua Child, their associates and successors, are 
hereby made a corporation by the name of the Bos- 
ton Cotton and Woollen Manufacturing Company, 
for the purpose of manufacturing cotton and woollen 
goods in the city of Boston, in the county of Suf- 
folk ; and for this purpose shall, have all the powers 
and privileges, and be subject to all the duties, re- 
strictions and liabilities, set forth in the thirty-eighth 
and forty-fourth chapters of the Revised Statutes. 
Estate. Sec. 2. The said corporation may hold for the 

purposes aforesaid, real estate to the amount of forty 
thousand dollars, and the whole capital stock of said 
corporation shall not exceed the amount of one hun- 
dred and fifty thousand dollars. 

[Approved by the Governor, February 23, 1837.] 



WAR'N ST. CHAP. R. & S. AS. Feb. 23, 1837. 23 



CHAP. XXV. 



An Act to incorporate the Warren Street Chapel 
Religious and Scientific Association. 

13 E it enacted by the Senate and House of Rep- 
resentatives^ in General Court assembled^ and by the 
authority of the same, as follows : 

Charles F. Barnard, H. J. Bovvditch and John Persons incorpo- 

Li-i , . . , rated. 

. Ji.mmons, their associates and successors, are 

hereby made a corporation by the name of the War- 
ren Street Chapel Religious and Scientific Associa- 
tion, for the purposes of establishing and maintain- 
ing a library, a cabinet of Natural History and ap- 
paratus, and of giving instruction in religious and 
scientific knowledge, with power to take and hold 
by subscription, gift, grant, purchase, bequest or oth- 
erwise, personal and real estate, not exceeding in Estate. 
amount twenty thousand dollars ; tlte funds so held, 
and the income thereof, to be expended and applied 
so as best to promote the objects of ihe society, sub- 
ject to the provisions of the forty-fourth chapter of 
the Revised Statutes of this Commonwealth. 

[Approved by the Governor, February 23, 1837.] 



24 MONSON BRANCH CO. Feb. 23, 1837. 



CHAP. XXVI. 



An Act to incorporate the Monson Branch Company. 

Jl> E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Persons incorpo- Sec. 1. Joscoh L. Revnolds, Cvnis W. Holmcs 

lated. _ ^ J T J 

and Sheffield C. Reynolds, their associated and suc- 
cessors, are hereby made a corporation by the name 
of the Monson Branch Company, for the purpose of 
manufacturing cotton and woollen goods, in the town 
of Monson, in the county of Hampden ; and, for this 
purpose, shall have all the powers and privileges, 
and be subject to all the duties, restrictions and lia- 
bilities set forth in the thirty-eighth and forty-fourth 
chapters of the Revised Statutes. 
^s'^'«- Sec. 2. The said corporation may hold for the 

purposes aforesaid, real estate to the amount of fifty 
thousand dollars, and the whole capital stock of said 
corporation shall not exceed the amount of one hun- 
dred and fifty thousand dollars. 

[Approved by the Governor, February 23, 1837.] 



DAMASK CLOTH MAN. CO. Feh. 23, 1837. 25 



CHAP. XXVH. 

An Act to incorporate the Damask Cloth Manufac- 
turing Company. 

i3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows: 

Sec. 1. Otis Ivich, William H. Montague and Per<ions incorpo- 
Lemuel Blake, their associates and successors, are 
hereby made a corporation by the name of the Dam- 
ask Cloth Manufacturing Company, for the purpose 
of manufacturing damask cloth in the city of Boston, 
and for this purpose shall have all the powers and 
privileges, and be subject to all the duties, restric- 
tions and liabilities, set forth in the thirty-eio;hlh and 
forty-fourth chapters of the Revised Statutes. 

Sec. 2. The said corporation may hold for the Estate. 
purposes aforesaid, real estate to the amount of thir- 
ty thousand dollars, and the whole capital stock of 
said corporation shall not exceed the amount of one 
hundred thousand dollars. 

[Approved by the Governor, February 23, 1 837.] 



4 



26 BOSTON GRANITE CO. March 4, 1837. 



CHAP. XXVIII. 

An Act to increase the Capital Stock of the Bristol 
Print Works. 

Be it enacted by the Senate and House of Rep- 
resentatives^ in General Court assembled, and by the 
authority of the same, as follows: 
Increase of capi- 'phg Bristol Print Works are hereby authorized 
to increase their capital stock to an amount not to 
exceed lour hundred thousand dollars ; and to pur- 
chase and hold real estate to an amount not exceed- 
ing one hundred and seventy thousand dollars. 

[Approved by the Governor, March 4, 1837.] 



tal 



CHAP. XXIX. 



An Act to incorporate the Boston Granite Company. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Persons incorpo- Sec. 1. Joscph Richards, Luthcr Munn and Se« 
riah Stevens, their associates and successors, are 
hereby made a corporation by the name of the Bos- 
ton Granite Company, for the purpose of quarrying, 
hammering, cutting, manufacturing and vending 
granite stone in the town of Quincy in the county 
of Norfolk, and in Boston in the county of Suffolk; 



SINGLETARY MANUF. CO. March 4>, 1837. 27 

and for this purpose shall have all the powers and 
privileges, and be subject to all the duties, restric- 
tions and liabilities set forth in the thirty-eighth 
and forty-fourth chapters of the Revised Statutes. 

Sec. 2. The said corporation may hold for the Estate. 
purposes aforesaid, real estate to the amount of sixty 
thousand dollars, and the whole capital stock of said 
corporation shall not exceed one hundred and fifty 
thousand dollars. 

[Ai)proved by the Governor, March 4, 1837.] 



CHAP. XXX. 



An Act to incorporate tb.e Singletary Manufacturing 
Company. 

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. Perley Goddard, Amasa Wood and Si- persons incorpo- 
mon Farnsworth, their associates and successors, are 
hereby made a corporation by the name of the Sin- 
gletary Manufacturing Company, for the purpose of 
manufacturing woollen and satinet cloths in the town 
of Millbury, in the county of Worcester ; and, for this 
purpose, shall have all the powers and privileges, 
and be subject to all the duties, restrictions and lia- 
bilities set forth in the thirty-eighth and forty-fourth 
chapters of the Revised Statutes. 

Sec. 2. The said corporation may hold for the Estate. 
purposes aforesaid, real estate to the amount of for- 
ty thousand dollars, and the whole capital stock of 



28 HUDSON MARB. & LIME CO. March 4>, 1837. 

said corporation shall not exceed the sum of one 
hundred thousand dollars. 

[Approved by the Governor, March 4, 1837.] 



CHAP. XXXI. 

An Act to incorporate the West Stockbridge and 
Hudson Marble and Lime Company. 

JoE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Persons incorpo- Sec. 1. Robbius Kelio^:^, Hubbard Fox and 

rated. . "" . 

Charles B. Boynton ; then- associates and succes- 
sors, are hereby made a corporation by the name of 
the West Stockbridge and Hudson Marble and Lime 
Company, for the purpose of quarrying, manufac- 
turing, planing and vending marble, and the manu- 
facturing and vending of lime, in the town of West 
Stockbridge, in the county of Berkshire ; and for 
that purpose shall have all the powers and privileges, 
and be subject to all the duties, restrictions and lia- 
bilities set forth in the thirty-eighth and forty-fourth 
chapters of the Revised Statutes. 
Estate. Sec. 2. The said company may hold for the 

purposes aforesaid, real estate to the amount of fifty 
thousand dollars, and the whole capital stock of said 
company shall not exceed the amount of one hun- 
dred thousand dollars. 

[Approved by the Governor, March 4, 1837.] 



SUTTON WOOLLEN MILLS. March 4, 1837. 29 



CHAP. xxxn. 

An act to incorporate the Sutton Woollen Mills. 

13 L it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Joseph L. Freeman, Nehemiah C. Sib- Persons mcorpo- 
lej and George Barber, their associates and suc- 
cessors, are hereby made a corporation by the name 
of the Sutton Woollen Mills, for . the purj)0se of 
manufacturing woollen goods in the town of Sut- 
ton, in the county of Worcester ; and for this pur- 
pose shall have all the powers and privileges, and 
be sul)ject to all the duties, restrictions and liabili- 
ties set forth in the thirty-eighth and forty-fourth 
chapters of the Revised Statutes. 

Sec. 2. The said corporation may hold for the Estate, 
purposes aforesaid, real estate to the amount of fif- 
ty thousand dollars, and the whole capital stock of 
said corporation shall not exceed the amount of one 
hundred thousand dollars. 

[Approved by the Governor, March 4, 1837.] 



30 WEYMOUTH IRON CO. March 4>, 1837. 



CHAP, xxxni. 

An Act to incorporate the Weymouth Iron Com- 
pany. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Persons incorpo- Sec. 1. Jacob Peikiiis, Gad Robinson and Na- 

rated. ' 

hum Stetson, their associates and successors, are 
hereby made a manufacturing corporation by the 
name of the Weymouth Iron Company, for the pur- 
pose of manufacturing and working iron in the town 
of Weymouth, in the county of Norfolk ; and for 
this purpose shall have all the powers and privileges, 
and be subject to all the duties, restrictions and lia- 
bilities, set forth in the thirty-eighth and forty- 
fourth chapters of the Revised Statutes. 
Estate. S£c. 2. The said corporation may hold for the 

purposes aforesaid, real estate to the amount of 
seventy thousand dollars, and the whole capital 
stock of said corporation shall not exceed the amount 
of one hundred and fifty thousand dollars. 

[Approved by the Governor, March 4, 1837.] 



N. ENG. CHRISTIAN ACAD. March 4, 1837. 31 



CHAP. XXXIV. 

An Act to incorporate the Trustees of the New 
England Christian Academy. 

E>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. Amos Shelden, Jonathan Buffum and ^^"^""^ '°"'P°- 

rated. 

Luther Baker, their associates and successors, are 
hereby made a corporation by tiie name of the New 
Enghind Christian Academy, to be established in 
the town of Beverly, in the county of Essex ; with 
all the powers and privileges, and subject to all the 
duties, restrictions and liabilities, set forth in the 
forty-fourth chapter of the Revised Statutes. 

Sec. 2. The said corporation may hold real es- Estate. 
tate to the amount of twenty thousand dollars, and 
personal estate to the amount of thirty thousand 
dollars, to be devoted exclusively to the purposes of 
education. 

[Approved by the Governor, March 4, 1837.] 



32 LIVINGSTON CO, March 4, 1837. 



CHAP. XXXV. 

An Act to incorporate the Livingston Company. 

Jl>E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Persons incorpo- Sec. 1. Eclward A. Ravmond, John Hews, 

rated. _ -^ ' ' 

Samuel Curtis and their associates and successors, 
are hereby made a manufacturing corjjoration by the 
name of the Livingston Company, for the purpose of 
manufacturing cotton, woollen and sili^ goods, and 
machinery, in the town of Lancaster, in the county 
of Worcester; and for this purpose shall have all the 
powers and j)rivileges, and be subject to all the du- 
ties, restrictions and liabilities, set forth in the thirty- 
eighth and forty-fourth chapters of the Revised 
Statutes. 
Estate. Sec. 2. The said corporation may hold for the 

purposes aforesaid, real estate to the amount of fifty 
thousand dollars, and the whole capital stock of said 
corporation shall not exceed the amount of one hun- 
dred and fifty thousand dollars. 

[Approved by the Governor, March 4, 1837.] 



BARTLETT MURDOCK. March ^, 1837. 33 



CHAP. XXXVI. 

An Act to extend the time for paying in the Capital 
Stock of the Newburjport Insurance Company. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The time wherein the capital stock of the New- Time for paying 

, f /-I '11 • J ^ in capital slock 

buryport Insurance Company is by law required to exienSed. 
be paid in, is hereby extended to the twenty-fifth 
day of March, in the year one thousand eight hun- 
dred and thirty-eight. 

[Approved by the Governor, March 4, 1837.] 



CHAP. XXXVII. 



An Act authorizing Bartlett Murdock to extend his 
Wharf on the VVankinco River in Wareham. 

J3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Bartlett Murdock is hereby authorized to extend vvharfmaybe 
his wharf, situate on the Wankinco River in Ware- 
ham, from the easterlycornerof his wharf now erected 
north eighteen degrees west, to the line of Silvanus 
Bourne's wharf lot ; and by said Bourne's line 
south seventy-nine degrees west, one hundred forty- 
5 



HAMPDEN SILK MAN. CO. March \ 1837. 

five feet, to the upper corner of his wharf aforesaid : 
provided, that such extension shall not infringe on 
the legal rights of others. 

[Approved bj the Governor, March 4, 1837.] 



CHAP. XXXVHI. 

An Act to incorporate the Hampden Silk Manufac- 
turing Company. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Persons incorpo- Sec. 1. Charlcs B. ScxtoH, Erastus Barbour 
and George M. Fowle, their associates and succes- 
sors, are hereby made a corporation, by the name of 
the Hampden Silk Manufacturing Company, for the 
purpose of manufacturing silk, in all its branches 
in the town of West Springfied, in the county of 
Hampden ; and for this purpose shall have all the 
powers and privileges, and be subject to all the du- 
ties, restrictions and liabilities, set forth in the thirty- 
eighth and forty-fourth chapters of the Revised 
Statutes. 

Estate. Sec. 2. The said corporation may hold for the 

purposes aforesaid, real estate to the amount of fifty 
thousand dollars, and the whole capital stock of said 
corporation shall not exceed the amount of one hun- 
dred thousand dollars. 

[Approved by the Governor, March 4, 1837.] 



MANF. INS. CO. March 4, 1837. 35 



CHAP. XXXIX. 

An Act to continue in force An Act to incorporate 
the Manufacturers Insurance Company, and for 
other purposes. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec 1. The statute of the year one thousand statute comin- 

-J ued in force. 

eight hundred and twenty-two, incorporating the 
Manufacturers Insurance Company, and the several 
acts in addition thereto, shall be continued and re- 
main in force for the term of twenty years froui and 
after the twenty-third day of February, in the year 
one thousand eight hundred and forty-two; and said 
company shall have all the powers and privileges, 
and be subject to all the duties, restrictions and lia- 
bilities, set forth in the thirty-seventh and forty- 
fourth Chapters of the Revised Statutes. 

Sec. 2. The said company is hereby authorized Company amho- 

I , . rized lo increase 

to mcrease its capital to any amount not exceednig capital. 
four hundred thousand dollars, the additional stock 
to be divided into shares of one hundred dollars, and 
to be subscribed under the direction of the president 
and directors for the time being, and on such terms 
and conditions as they may order and appoint. 

Sec. 3. The additional stock which may be ^ow'^ajdln^""''' 
subscribed as aforesaid, shall be paid in and invest- 
ed in the same manner as the other part of the cap- 
ital is required to be invested, within six months 



36 NORTH ANDOVER MILLS. March 4., 1837. 

from the time the assessments respectively shall be 
paid. 

[Approved by the Governor March 4, 1837.] 



CHAP. XL. 

An Act to incorporate the North Andover Mills. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Persons incorpo- Sec, ]. Joseph Kittrcdse, Eben Sutton and 

rated. ' _ , 

George Hodges, their associates and successors, are 
hereby made a corporation by the name of the 
North Andover Mills, for the purpose of manufac- 
turing cotton and woollen goods in the town of 
Andover, in the county of Essex; and for this pur- 
pose shall have all the powers and j)rivileges, and 
be subject to all the duties, restrictions and liabili- 
ties, set forth in the thirty-eighth and forty-fourth 
chapters of the Revised Statutes. 
Estate. Sec. 2. The said corporation may hold for the 

purposes aforesaid, real estate to the amount of 
seventy-five thousand dollars, and the whole capital 
stock of said corporation shall not exceed the 
amount of two hundred thousand dollars. 

[Approved by the Governor, March 4, 1837.] 



TAUNTON IKON CO. March 7, 1837. 37 



CHAP. XLI. 

An Act to incorporate the Taunton Iron Company. 

JtjE 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. Horatio Leonard, Samuel Crocker and Persons incorpo- 
rated. 
Charles Richmond, their associates and successors, 

are hereby made a corporation by the name of the 
Taunton Iron Company, for the purpose of n)aking 
and manufacturing iron in all its branches, in the 
towns of Taunton and Raynham, in the county of 
Bristol; and for this purpose shall have all the pow- 
ers and privileges, and be subject to all the duties, 
restrictions and liabilities, set forth in the thirty- 
eighth and forty-fourth chapters of the Revised 
Statutes. 

Sec. 2. Said company may hold for the pur- Estate. 
poses aforesaid, real estate to the amount of one 
hundred thousand dollars, and the whole capital 
stock of said company shall not exceed the amount 
of three hundred thousand dollars. 

[Approved by the Governor, March 7, 1837.] 



38 SUTTON & NORTHBRIDGE. March 1, 1837. 



CHAP. XLII. 

An Act to establish the dividing line between the 
towns of Sutton and Northbridge. 

Be it enacted by the Senate and House of Rep- 
/ resentatives, in General Court assembled, and by the 

authority of the same, as follows : 
Boundary line. 'pj^g followinjo; described line is hereby established 
as the dividing line between the towns of Sutton 
and Northbridge. Beginning at the most easterly 
angle of the town of Sutton, at a heap of stones in 
the centre of Blackstone river; thence north eighty- 
two degrees and thirty minutes west, one hundred 
and eight rods on said line, to the ancient north- 
westerly corner of Mendon ; thence south eight 
degrees and forty-five minutes west, two hundred 
and fifty-two rods on said line; thence north eighty- 
four degrees west, sixty-one rods and ten links ; 
thence south one degree and forty-five minutes east, 
sixty rods and eleven links ; thence south eighty- 
one degrees and fifteen minutes east, forty-nine rods 
and five links, to said ancient line between the 
towns of Mendon and Sutton ; thence south eight 
degrees and forty-five minutes west on said line, 
one hundred and forty rods and twenty-one links; 
thence south eighty degrees forty-five minutes west, 
two hundred and twenty-five rods ; thence south 
sixteen degrees and twenty minutes west, one hun- 
dred and fifty-five rods and twenty links ; thence 
south forty-five degrees and twenty minutes west, 
two hundred ninety-nine rods and ten links to an 



MERCH. & MECH. INS. CO. March 7, 1837. 39 

angle near the head of Swan pond ; thence through 
said pond south fifty-five degrees east, two hundred 
and twenty-six rods; thence south thirty-seven de- 
grees and forty minutes west, five hundred and 
twenty-three rods; thence north seventy-four de- 
grees east, three hundred and eighty-three rods; 
thence south thirty-nine degrees and thirty minutes 
east, one hundred and twenty-three rods, to the said 
ancient line between Sutton and Mendon : and that 
all the territory being on the right of said line, pro- 
ceeding in the above described* courses, shall belong 
to the town of Sutton ; and all the territory being 
on the left of the same line, shall belong to the 
town of Northbridge. 

[Approved by the Governor, March 7, 1837.] 



CHAP. XLIII. 

An Act to incorporate the Merchants and Mechan- 
ics Mutual Fire Insurance Company. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Adam Kinsley, Frederick W. Lincoln and Sime- persons incorpo- 
on Presbrey, their associates and successors, are ''^^^^' 
hereby made a corporation by the name of the 
Merchants and Mechanics Mutual Fire Insurance 
Company, in the town of Canton in the county of 
Norfolk, for the purpose of making insurance upon 
any buildings, machinery, stock and other personal 
property whatever, within this Commonwealth, with 



40 RICHMOND MAN. CO. March 7, 1837. 

all the powers and privileges, and subject to all the 
duties, restrictions and liabilities set forth in the 
thirty-seventh and forty-fourth chapters of the Re- 
vised Statutes, for the term of twenty-eight years. 

[Approved by the Governor, March 7, 1837.] 



CHAP. XLIV. 

An Act to incorporate the Richmond Manufacturing 
Company. 

xJE it enacted hy the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, asjollows : 

Persons incorpo. Sec. 1. William A. F. Sproat, Charles Rich- 
mond and Hiram M. Barney, their associates and 
successors are hereby made a corporation, by the 
name of the Richmond Manufacturing Company, 
for the purpose of making, bleaching, colouring and 
finishing cotton goods in the town of Taunton, in 
the county of Bristol ; and for this purpose shall 
have all the powers and privileges, and be subject 
to all the duties, restrictions and liabilities, set forth 
in the thirty-eighth and forty-fourth chapters of the 
Revised Statutes. 

Estate. Sec. 2. Said company may hold for the pur- 

poses aforesaid, real estate to the amount of one 
hundred thousand dollars, and the whole capital 
stock of said company shall not exceed the amount 
of three hundred thousand dollars. 



[Approved by the Governor, March 7, 1837.] 



WASHINGTON GRANITE CO. March 7, 1837. 41 



CHAP. XLV. 

An Act to incorporate the Washington Granite Com- 
pany. 

Be it enacted by the Senate and House of Rep- 
resentatives, ill General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Matthias Nutter, John H. Winkley and Persons incorpo- 

, . . , ' rated. 

Hezekiah B. Martin, their associates and successors, 
are hereby made a corporation by the name of the 
" Washington Granite Company," for the purpose of 
quarrying, hammering, cutting and vending granite 
stone in Quincy, in the county of Norfolk, and in 
Boston, in the county of Suffolk ; and for this pur- 
pose shall have all the powers and privileges, and 
be subject to all the duties, restrictions and liabili- 
ties, set forth in the thirty-eighth and forty-fourth 
chapters of the Revised Statutes. 

Sec. 2. The said corporation may hold for the Estate. 
purposes aforesaid, real estate to the amount of sixty- 
five thousand dollars, and the whole capital stock 
of said corporation shall not exceed the sum of one 
hundred and fifty thousand dollars. 

[Approved by the Governor, March 7, 1837. 



6 



42 LANCASTER & STERLING. March 7, 1837. 



CHAP. XLVL 

An Act to alter the dividing line between the towns 
of Lancaster and Sterling. 

x3e it enacted by the Senate and House of Rep- 
resentaiiies, in General Court assembled, and by the 
authority of the same, as follows : 
Dividing line ai- Xhc foilowlng descril)ed line shall hereafter be a 

tered. . , . . 

part of the dividing line between the towns of Lan- 
caster and Sterling, viz : beginning at the stone 
monument on the height of land, about midway be- 
tween the houses of James Wilder and William 
Goss in Sterling, east of the bridleway which leads 
from said Wilder's to said Goss, and running a course 
north twelve degrees west, forty-four rods and four- 
teen links the easterly side of said bridleway, to a 
stake and stones at the northwesterly corner of the 
farm of Silas Thurston Jr. ; and all that part of 
Lancaster which lies southwest of said line shall 
hereafter belong to Sterling. 

[Approved by the Governor, March 7, 1837.] 



TAUNTON IRON FOUNDRY. March!, U37, 43 



CHAP. XLVII. 

An Act authorizing Silvanus Bourne to extend his 
Wharf on the Wankinco River, in Wareham. 

JBE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Silvanus Bourne is hereby authorized to extend wharf may be 

•^ extended. 

his wharf, situated on the Wankinco River in 
Wareham, one hundred forty-five feet north, seventy- 
nine degrees east from the upper corner of Bartlett 
Murdock's wharf, as now built ; thence northwest- 
erly by a direct line towards the upper corner of 
Barnabas Hedge's wharf, until it comes to said 
Hedge's line ; thence l>y said line southwesterly to 
said Bourne's wharf, as it now is : provided, such 
extension shall not infringe on the le<;al rights of 
others. 

[Approved by the Governor, March 7, 1837.] 



CflAP. XLVni. 



An Act to incorporate the Taunton Iron Foundry. 

JoE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of ihe same, as follows : 

Sec. 1. Charles Richmond, Samuel Crocker and Persons incorpo- 
rated. 
John Duxbury, their associates and successors* are 



44 LEE MANUFAC. CO. March 7, 1B37. 

hereby made a corporation, by the name of the 
Taunton Iron Foundry, for the purpose of making 
iron and other eastings, in the town of Taunton, in 
the county of Bristol, and for this purpose shall have 
all the powers and privileges, and be subject to all 
the duties, restrictions and liabilities, set forth in the 
thirty-eighth and forty-fourth chapters of the Re- 
vised Statutes. 
Estate. Sec. 2. Said corporation may hold for the pur- 

poses aforesaid, real estate to the amount of fifty 
thousand dollars, and the whole capital stock of said 
corporation shall not exceed the amount of one 
hundred thousand dollars. 

[Approved by the Governor, March 7, 1837.] 



CHAP. XLIX. 

An Act to incorporate the Lee Manufacturing Com- 
pany. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows: 
Persons incorpo- Sec. 1. Wiuthrop Lafliu, Johu C. Furber and 

rated. ... 

Cutler Laflin, their associates and successors, are 
hereby niade a corporation, by the name of the Lee 
Manufacturing Company, for the purpose of manu- 
facturing cotton and paper, or either of them, in the 
town of Lee, in the county of Berkshire, and for 
this purpose shall have all the powers and privileges, 
and be subject to all the duties, restrictions and lia- 
bilities set forth in the thirty-eighth and forty- fourth 
chapters of the Revised Statutes. 



CROCKER MAN. CO. March 1, 1837. 45 

Sec. 2. The said corporation maj hold real es- Estate. 
tate for the purposes aforesaid, to the amount of 
twentj-five thousand dollars, and the whole capital 
stock of said corporation shall not exceed the amount 
of fifty thousand dollars. 

[Approved by the Governor, March 7, 1837.] 



CHAP. L. 

An Act to incorporate the Crocker Manufacturing 
Company. 

j3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Samuel Crocker, Charles Richmond and Persons incorpo 

' rated. 

Samuel B. King, their associates and successors, are 
hereby made a corporation, by the name of the 
Crocker Manufacturing Company, for the purpose 
of making cotton cloth and machinery in the town 
of Taunton, in the county of Bristol ; and for this 
purpose shall have all the powers and privileges, 
and be subject to all the duties, restrictions and lia- 
bilities set forth in the thirty-eighth and forty-fourth 
chapters of the Revised Statutes. 

Sec. 2. Said company may hold for the pur- Estate. 
poses aforesaid, real estate to the amount of fifty 
thousand dollars, and the whole capital stock of said 
company shall not exceed the amount of one hun- 
dred and fifty thousand dollars. 

[Approved by the Governor, March 7, 1837.] 



46 WEST MANUFAC. CO. March 7, 1837. 



CHAP. LI. 

An Act to incorporate the West Manufacturing 
Company. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Persons incorpo- Sec. 1 . Ethcredgc Clark Jr. , Charles Richmond 
and Abigail West, their associates and successors, 
are hereby made a corporation, by the name of the 
West Manufacturing Company, for the purpose of 
making cotton goods and paper in the town of 
Taunton in the county of Bristol ; and for this pur- 
pose shall have all the powers and privileges, and be 
subject to all the duties, restrictions and liabilities 
set forth in the thirty-eighth and forty-fourth chap- 
ters of the Revised Statutes. 

Estate. Sec. 2. Said company may hold for the purposes 

aforesaid, real estate to the amount of foity thou- 
sand dollars, and the whole capital stock of said 
company shall not exceed the amount of one hun- 
dred thousand dollars, 

[Approved by the Governor, March 7, 1837.] 



NORTON FEMALE SEM. March 10, 1837. 47 



CHAP. LII. 



An Act relating to Town Meetings. 



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 : 

The annual town meeting, required by law to be Annual town 
holden in the month of March or April, may be held 
in the month of February, in any town which, at a 
legal meeting notified therefor, shall vote to take 
advantage of the provisions of this act. 

[Approved by the Governor, March 7, 1837.] 



CHAP. LIII. 

An Act to incorporate the Proprietors of the Norton 
Female Seminary. 

j3 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. Laban M. Wheaton, Cyrus W. Allen persons incorpo- 
and Lemuel Perry, their associates and succes- 
sors, are hereby made a corporation, by the name of 
the Proprietors of " the Norton Female Seminary," 
to be established in the town of Norton, in the 
county of Bristol ; with all the powers and privi- 
leges, and subject to all the duties, restrictions and 



48 DECEASED PAUPERS. March 10, 1837. 

liabilities set forth in the forty-fourth chapter of the 
Revised Statutes. 
Estate. Sec. 2. The said corporation may hold real es- 

tate to the amount of ten thousand dollars, and per- 
sonal estate to the amount of ten thousand dollars, 
to be devoted exclusively to purposes of education. 

[Approved by the Governor, March 10, 1837.] 



CHAP. LIV. 



An Act relating to the effects of deceased Paupers. 

JdE it enacted by the Senate and House of Rep- 
resentatives^ in General Court assembled, and by the 
authority of the same, as follows : 

Upon the death of any pauper, who, at the time 

of his decease, shall be actually chargeable to any 

Overseers of the town within this Commonwcalth, the overseers of 

Poor may take r i i • i • 

into their posses- the poor OF such tovvu may take into their p( sses- 

sion any proper- • 1 1 i i i i • 

ty. sion all the personal property belonging to such pau- 

per. And if no administration shall be taken upon 
the estate of such pauper within thirty days after 
his decease, the said overseers may sell so mucii of 
, the said property as may be necessary to repay the 
expenses incurred for such pauper. And if any part 
of such property shall be withheld from the said 
overseers, they shall have the same remedy for the 
recovery of such property, or the value thereof, that 
an adtninistrator of the estate of the said pauper 
might have in like case. 

[Approved by the Governor, March 10, 1837.] 



DIVIDENDS & BALANCES. March 10, 1837. 49 



CHAP. LV. 

An Act to extend the time for paying in the Capital 
Stock of the Blackstone Insurance Company. 

JlJE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The time wherein tlie capital stock of the Black- increase of capi- 

' lal Slock. 

Stone Fire and Marine Insurance Company is by 
law required to be paid in, is hereby extended to 
the twenty-third day of March, in the year one 
thousand eight hundred and thirty-eight. 

[Approved by the Governor, March 10, 1837.] 



CHAP. LVI. 



An Act relating to unclaimed Dividends and Bal- 
ances. 

O E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Every corporation in this Commonwealth shall Unclaimed divi- 

* _ deuds. 

in the month of January, in the year one thousand 
eight hundred and thirty-eight, and once in every 
five years after that time, publish a list of all divi- 
dends and balances which have remained unclaimed 



,0 HOPE INSURANCE CO. March 10,ISS1. 

for two years or more, with the names of the per- 
sons to whose credit such dividends or balances 
stand ; said publication to be made in some news- 
paper published in the city of Boston, and also in 
' some newspaper in the county where such corpora- 
tion is established, in case any newspaper be pub- 
lished in such county, and be continued in three 
successive papers. 

[Approved by the Governor, March 10, 1837.] . 



CHAP. LVH. 

An Act to incorporate the Hope Insurance Com- 
pany. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority oj the same, as follows : 

Persons incorpo- Sec. 1. William Cleveland, Stephen Phillips, 
and Nathaniel L. Rogers, their associates and suc- 
cessors, are hereby made a corporation, by the name 
of the Hope Insurance Company, to be located in 
the city of Salem, in the county of Essex, for the 
purpose of making maritime loans, and insurance 
against maritime losses, in the customary manner, 
with all the powers and privileges, and subject to all 
the duties, restrictions and liabilities, set forth in the 
thirty-seventh and forty-fourth chapters of the Re- 
vised Statutes, for the term of twenty years from the 
passing of this act. 

^**^'^- Sec. 2. The said corporation may hold any es- 

tate, real or personal, for the use of said company : 



CURTISV. COT. MAN CO. March 10, 1837. 51 

provided, that the real estate shall not exceed twen- 
ty thousand dollars, excepting such as ma_y be taken 
for debt, or held as collateral security for money due 
to said company. 

Sec. 3. The capital stock of said company shall CapUaistock. 
be one hundred thousand dollars, and shall be divid- 
ed into shares of one hundred dollars each, and shall 
be collected and paid in, in such instalments, and 
under such provisions and penalties, as the president 
and directors of said company shall order and ap- 
point. 

Sec. 4. The said company shall be empowered when to com- 

fn6nc6 business. 

to con)mence their business, when one half of the 
capital stock aforesaid shall have been paid in, being 
restricted to eight per centum on any one risk : pro- 
vided, however, that the whole amount of one hun- 
dred thousand dollars shall be paid in, within two 
years from the passing of this act. 

[Approved by the Governor, March 10, 1837.] 



CHAP. LVIII. 

An Act to increase the Capital Stock of the Curtis- 
ville Cotton Manufacturing Company. 

JBE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled^ and by the 
authority of the same, as follows : 

The Curtisville Cotton Manufacturing Company Estate. 
may hold real estate to the amount of one hundred 
thousand dollars. 

[Approved by the Governor, March 10, 1837.] 



52 BERKSHIRE MINING CO. March 10, 1837. 



CHAP. LiX. 

An Act to incorporate the Berkshire Mining Com- 
pany. 

X>E it enacted by the Senate and House of Bep- 
resentatives^ in General Court assembled, and by the 
authority of the same, as follows: 
Persons incorpo- Sec. 1. Daniel Couch, Silas Garfield and John 

rated. -ht ii i • • i 

Merrell, their associates and successors, are hereby 
made a corporation, by the name of the Berkshire 
Mining Company, for the purpose of exploring and 
mining for iron and other minerals, and metals and 
coal, within the county of Berkshire, in this Com- 
monwealth, and converting them to useful purposes ; 
with all the powers and privileges, and subject to 
all the duties, restrictions and liabilities set forth in 
the thirty-eighth and forty-fourth chapters of the 
Revised Statutes. 
Estate. §£C. 2. The said corporation may hold such real 

estate not exceeding twenty thousand dollars in 
value, and such personal estate not exceeding thirty 
thousand dollars, as may be necessary to carry into 
effect the purposes aforesaid. 

[Approved by the Governor, March 10, 1837.] 



TAUNTON MECH. ASSO. March 10, 1837. 



CHAP. LX. 

An Act to incorporate the Taunton Mechanics' As- 
sociation. 

r>E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled^ and by the 
authority of the same, asfoUoivs : 

Sec. 1. Thomas C. Brown, I. W. Grossman Persons incorpo- 
rated. 
and Jos. Dixon, their associates and successors, are 

herel)y made a corporation, by the name of " The 
Taunton Mechanics' Association," to be established 
in the town of Taunton, in the countj of Bristol ; 
with all the powers and privileges, and subject to 
all the duties, restrictions and liabilities set forth in 
the forty-fourth chapter of the Revised Statutes. 

Sec. 2. The said corporation may hold property Estate. 
in real and personal estate to the amount of twenty 
thousand dollars, to be devoted to the erection, in 
the town of Taunton, of a public edifice, which 
may contain a convenient lecture room, hall or halls 
suitable for the accommodation of public assemblies 
of the citizens, apartments suitable for mechanics' 
libraries and apparatus, and for instruction in me- 
chanical science and arts. 

[Approved by the Governor, March 10, 1837.] 



54 GLENDALE MILLS, 3Iarch 10, 1837. 



CHAP. LXL 



An Act to incorporate the Glendale Mills. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Persons incorpo- Sec. 1. John Z. Goodfich, SamuclG. Wheeler 
and Charles Worthington, their associates and suc- 
cessors, are hereby made a corporation, by the name 
of the Glendale Mills, for the purpose of manufactur- 
ing, dyeing and printing cotton and woollen goods at 
Glendale in the town of Stockbridge, and county of 
Berkshire ; and for this purpose shall have all the pow- 
ers and privileges, and be subject to all the duties, 
restrictions and liabilities set forth in the thirty- 
eighth and forty-fourth chapters of the Revised 
Statutes. 

Estate. Sec. 2. The said corporation may hold for the 

purposes aforesaid, real estate to the amount of one 
hundred and fifty thousand dollars, and the whole 
capital stock of said corporation shall not exceed 
three hundred and fifty thousand dollars. 

[Approved by the Governor, March 10, 1837.] 



QUINCY GRANITE CO. March 10, 1837. 56 



CHAP. LXII. 

An Act to change the name of the Bridge water Man- 
ufacturing Company. 

JjE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The Bridgevvater Manufacturing Company may Name changed. 
take the name, and shall hereafter be known as the 
Ritchie Manufacturing Company. 

[Approved by the Governor, March 10, 1837.] 



CHAP. LXin. 



An Act to incorporate the Quincy Granite Company. 

Jl>E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Benjamin F. Dudley', Gilman Dudley Persons incorpo- 

. . . rated. 

and Nathaniel F. Potter, their associates and suc- 
cessors, are hereby made a corporation, by the name 
of the Quincy Granite Company, for the purpose of 
quarrying, manufacturing and vendirig granite in the 
town of Quincy, in the county of Norfolk ; and for 
this purpose shall have all the powers and privi- 
leges, and be subject to all the duties, restrictions 



Estate. 



56 MIDDLESEX MECH. ASSO. March 10, US7. 

and liabilities set forth in the thirty-eighth and forty- 
fourth chapters of the Revised Statutes. 

Sec. 2. Said corporation may hold for the pur- 
poses aforesaid, real estate to the amount of ten 
thousand dollars, and the whole capital stock of said 
corporation shall not exceed the amount of seventy 
thousand dollars. 

[Approved by the Governor, March 10, 1837.] 



CHAP. LXIV. 



An Act relating to the Middlesex Mechanics' As- 
sociation. 



1>E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
May expend in- Xhe Mlddlescx Mcchanics' Association shall have 

come for reading- 
room, &c. power to expend such a portion of their income as 

may be necessary for the purpose of establishing a 
suitable reading room, and furnishing the same with 
such books, pamphlets and newspapers, as may be 
necessary for the improvement of the members of 
the association ; and also for the purpose of em- 
ploying suitable persons to instruct said members, by 
lectures, or otherwise, in the various arts and scien- 
ces, any thing in the acts to which this is in addition 
to the contrary notwithstanding. 

[Approved by the Governor, March 10, 1837.] 



AMHERST SILK CO. March 10, 1837. 57 



CHAP. LXV. 



An Act relating to the form of Bank Returns. 

Be i^ enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as folloivs : 

The several banks which have been, or hereafter Bank returns. 
may be, incorporated in this Commonwealth, shall 
distinguish in their annual returns the bills in cir- 
culation which are of the denomination of five dol- 
lars and upwards, from those which are under that 
denomination, and shall place the said classes of 
bills in separate columns, and the Secretary of the 
Commonwealth shall furnish separate columns for 
the purpose aforesaid, in the blank forms of returns 
hereafter transmitted by him to the banks aforesaid. 

[Approved by the Governor, March 10, 1837.] 



CHAP. LXVI. 



An Act to incorporate the Amherst Silk Company. 

JtjE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as folloivs : 

Sec. 1. Martin Thayer, William McKee and Persons incorpo- 
William H. Scott, their associates and successors, 
8 



Estate. 



5& FULTON INSURAXCi: CO. Muich 10, 1837. 

are hereby made a corporation, b}' the name of the 
Aniherst Silk Company, for the purpose of carrying 
on the business of the culture and manufacture of 
silk, in all its branches, in the town of Amherst in 
the county of Hampshire ; with all the powers and 
privileges, and subject to all the duties, restrictions 
and liabilities set forth in the thirty-eighth and forty- 
fourth chapters of the Revised Statutes. 

Sec. 2. The said corporation may hold for the 
purpose aforesaid, real estate to the amount of 
twenty thousand dollars, and the whole capital stock 
of said company shall not exceed the amount of 
fifty thousand dollars. 

[Approved by the Governor, March 10, 1837.] 



CHAP. LXVII. 

An Act to incorporate the Fulton Insurance Com- 
pany. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, asfoUoics : 
Persons incorpo- Sec. 1. Stephen White. Peter Harvev and I. C. 

rated. 11- • 1 

Brodhead, their associates and successors, are here- 
bv made a corporation, by the name of the Fulton 
Insurance Company, to be established in the city of 
Boston, in the county of Sutfolk, for the purpose of 
making maritime loans, and insurance against mari- 
time losses, and insurance against losses by fire, in 
the customary manner ; and for this purpose shall 
have all the powers and privileges, and be subject 
to all the duties, restrictions and liabilities set forth 



NORTHAMP. SUG. BEET CO. March 10, 1837. 59 

in the thirty-seveuth and forty-fourth chapters of the 
Revised Statutes, for the term of twenty years. 

Sec. 2. The said corporation may hold any es- Estate. 
tate real or personal, for the use of said company : 
provided, that the real estate shall not exceed the 
value of fifty thousand dollars, excepting such as 
may be taken for debt, or held as collateral security 
for money due to said company. 

Sec. 3. The capital stock of said company shall Capital stock. 
be two hundred thousand dollars, and shall be di- 
vided into shares of one hundred dollars each, and 
shall be collected and paid in, in such instalments, 
and under such provisions and penalties, as the pres- 
ident and directors of said company shall order and 
appoint. 

[Approved by the Governor, March 10, 1837.] 



CHAP. LXVIII. 

An Act to incorporate the Northampton Sugar Beet 
Company. 

j3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Edward Church, Roswell Hubbard and Persons incorpo- 
Hiram Ferry, their associates and successors, are 
hereby made a corporation, by the name of " the 
Northampton Sugar Beet Company," for the pur- 
pose of the culture of the sugar beet and the manu- 
facture of sugar therefrom, and the refining of the 



rated. 



same, and also the culture of oleaginous plants, and 



60 INDIAN ORCH. CANAL CO. March 10, 1837. 

the manufacture of oil therefrom, in the town of 
Northampton, in the county of Hampshire ; and 
for the aforesaid purposes shall have all the powers 
and privileges, and be subject to all the duties, lia- 
bilities and restrictions, set forth in the thirty-eighth 
and forty-fourth chapters of the Revised Statutes. 

Sec. 2. The said corporation may hold for the 
purposes aforesaid, real estate to the amount of 
seventy-five thousand dollars, and the whole capital 
stock of said corporation shall not exceed the amount 
of two hundred thousand dollars. 

[Approved by the Governor, March 10, 1837.] 



Estate. 



CHAP. LXIX. 



An Act to incorporate the Indian Orchard Canal 
Company. 

JdE it enacted by the Senate and House of Rep' 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Persons incorpo- Sec. 1. Charlcs Stcams, Gcorgc Bliss and Wil- 
liam Dwight, their associates and successors, are 
hereby made a corporation, by the name of the In- 
dian Orchard Canal Company, for the purpose of 
creating water power, and manufacturing machinery 
in the town of Springfield, in the county of Hamp- 
den ; and for this purpose shall have all the powers 
and privileges, and be subject to all the duties, re- 
strictions and liabilities, set forth in the thirty-eighth 
and forty-fourth chapters of the Revised Statutes. 

Sec. 2. Said corporation may hold for the pur- 



BOSTON WHARF CO. March 15, 1837. 61 

poses aforesaid, real estate to the amount of one Estate. 
hundred thousand dollars, and the whole capital stock 
of said company shall not exceed in amount two hun- 
dred thousand dollars. 

[Approved by the Governor, March 10, 1837.] 



CHAP. LXX. 

An Act in addition to " An Act to incorporate the 
Boston Wharf Company." 

i3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The Boston Wharf Company may, in addition to Persons incorpo- 
the flats described in the act to which this is in ad- 
dition, purchase and hold other parcels of flats and 
land not exceeding in value the sum of fifty thou- 
sand dollars, and not inchjded within the limits de- 
scribed in the act aforesaid, for the purpose of ob- 
taining therefrom, and for no other purpose what- 
ever, the materials for filling and completing said 
wharf: provided, that nothing in this act shall in 
any way infringe or interfere with the rights of the 
Commonwealth, in any flats in the harbor of Bos- 
ton, or with the legal rights of any other person or 
corporation. 

[Approved by the Governor, March 15, 1837.] 



62 



BEET SUGAR. 



March \(y, 1837. 



CHAP. LXXI. 

An Act in addition to " An Act to incorjjorate the 
Franklin Hemp and Flax Manufacturing Com- 
pany." » 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows: 

Namechanged. §£<-. ]. The Franklin Hemp and Flax Manufac- 
turing Company, shall hereafter be known by the 
name of the Franklin Bagging Company. 

Estate. Sec. 2. The said corporation may hold twenty 

thousand dollars in real estate, and eighty thousand 
dollars in personal estate in addition to their present 
authorized capital. 

[Approved by the Governor March 16, 1837.] 



CHAP. Lxxn. 



Allowance for 
beet sugar. 



An Act for the encouragement of the Manufacture 
of Beet Sugar. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. There shall be allowed and paid out of 
the treasury of this Commonwealth for every hun- 
dred pounds of good merchantable sugar manufac- 



BEET SUGAR. March 16, 1837. 63 

tured within this State, from beets raised within this 
State, the sum of three dollars, and in the same 
proportion for a larger or smaller quantity, to be 
paid to the manufacturer of such sugar, or his legal 
representative. . 

Sec. 2. When satisfactory evidence by the oath certificate to be 

. . . given. 

of the party claiming the bounty, or otherwise, 
shall be exhibited to the mayor and aldermen of any 
city, or the selectmen of any town in this Common- 
wealth, that any person being an inhabitant of such 
city or town is entitled to receive the bounty pro- 
vided for in the first section of this act, they shall 
give a certificate thereof in writing under their 
hands, stating the quantity of sugar manufactured 
conformably to the provisions of said section, and 
that such claimant is entitled to the bounty therein 
allowed, and when such certificate shall be filed in 
the office of the secretary of the Commonwealth, 
the Governor is hereby authorized to draw his war- 
rant on the treasurer for the amount thereof. 

Sec. 3. If any person shall claim a bounty more Forfeiture incase 

, r 1 I • 1 "' fraud. 

than once lor the same sugar, or obtam any bounty 
under this act through fraud or deception^ such per- 
son shall forfeit to the use of the Commonwealth, 
a sum not exceeding one hundred dollars, in addi- 
tion to the amount of bounty he may have so re- 
ceived, to be recovered by indictment in any court 
proper to try the same. 

Sec. 4. The claimant for any bounty, under the statement to be 
preceding sections, shall furnish the Governor when Governor. 
required by him, with a detailed and authenticated 
statement of the method in which the beets have 
been cultivated, and the manner in which the sugar 
has been manufactured. 



64 ERVING'S GRANT. March 16, 1837. 

Act, how long to Sec. 5. This act shall continue in force five 
operate. ygai-g, from the first day of January next. 

[Approved by the Governor, March 16, 1837.] 



CHAP. LXXIII. 

An Act to annex a part of Erving's Grant to the 
town of Orange. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, asfoUoios : 

Boundaries. Sec. 1. All the easterly part of the territory 

called Erving's Grant, bounded and described as 
follows : beginning at the southwest corner of Or- 
ange, on the north side of Miller's river, thence 
north ten degrees east, four hundred and fifty rods, 
to the southeast corner of Warwick ; thence west 
one and a half degrees south, seven hundred and 
fifty-eight rods, on Warwick south line, to the south- 
west corner of said Warwick ; thence south six 
degrees west, three hundred and one rods, to Mil- 
ler's river ; thence up said river on the north line of 
Wendell and New Salem, to the first mentioned 
corner, with all the inhabitants and estates thereon, 
is hereby set off and separated from the territory of 
said Erving's Grant, and annexed to the town of 
Orange, both in the county of Franklin. 

Inhabitants Habie Sec. 2. Said inhabitants and estates so set off, 
shall be liable to pay all taxes that have been legally 
assessed on them by said district of Erving's Grant, 
in the same manner as if this act had not been 
passed. 



to pay taxes. 



BOSTON GAS LIGHT CO. March 16, 1837. 65 

Sec. 3. Said town of Orange shall be liable to Town of Orange 

" ^ liable to pay lax- 

paj over to the said district of Erving's Grant, all es, &c. 
such sums of money as shall be levied and collected 
from the inhabitants set off as their portion of the 
State and county taxes, till a new valuation of polls 
and estates shall be taken and made. 

[Approved by the Governor, March 16, 1837.] 



CHAP. LXXIV. 

An Act in addition to " an Act to in(;orporate the 
Boston Gas Light Company." 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The Boston Gas Light Company are capital stock 
hereby authorized to increase their capital stock, by 
an amount not exceeding two hundred and fifty 
thousand dollars, and to purchase and hold real 
estate in the county of Suffolk, as part and parcel of 
their capital, not exceeding one half of their whole 
capital stock. 

Sec. 2. The Boston Gas Light Company, with company may 

,. . . extend their 

the consent or the selectmen ot any town adjoming pipes into other 
the city of Boston, may extend their pipes and con- 
ductors into such town ; and for that purpose shall 
have power and authority to open the ground in any 
part of the streets, lanes or highways of such town ; 
and the said corporation, after opening the ground 
in any street, lane or highway, for the purpose afore- 
9 



66 NEW SALEM & ORANGE. March 16, 1837. 

said, shall be held to put the same again into repair, 
under penalty of being prosecuted for a nuisance. 

[Approved by the Governor, March 16, 1837.] 



CHAP. LXXV. 

An Act to annex a part of New Salem to Orange. 

JlJE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows: 
Boundaries. Sec. 1. All that part of New Salem and the 

territory called Little Grant, bounded and described 
as follows : beginning at the northeast corner of 
Wendell, thence south nine degrees west, one thou- 
sand and forty six rods on the line between Wen- 
- dell and New Salem, to a monument at the north- 
west corner of Jabez E. Whif)ple's farm ; thence 
east nine degrees south, one thousand three hun- 
dred and thirty-four rods, to the southwest corner 
of Asa Farnsworth's lot, numbered ninety-four in 
the fourth division of lots in said New Salem ; 
thence north on the west end of lots numbered 
ninety-four, ninety-five, ninety-six, ninety-seven 
and ninety-eight of said fourth division, to the south- 
east corner of territory called Little Grant ; thence 
continuing north three hundred and twenty-five 
rods to Miller's river ; thence down said river on 
the south line of Orange and Erving's Grant, to the 
first mentioned boundary, with all the inhabitants 
and estates thereon, is hereby set off and separated 



WASHINGTON MANF. CO. March 16, 1837. 67 

from the said town of New Salem to the town of Or- 
ange, both in the county of Franklin. 

Sec. 2. Said inhabitants and estates so set off, inhabitants liable 
shall be liable to pay all taxes that have been legally assessed against 
assessed on them by the town of New Salem, n 
the same manner as if this act had not been passed. 

Sec. 3. Said town of Orange shall be liable to Town of orange 

r TVT o I liable to paj' to 

pay over to the said town or New Salem, all such New saiem such 

c I II I I • 1 111 1 r ^"'"* ^^ ^^y ^^ 

sums or monev as shall be levied and collected from collected from 

. . , "^ . , inhabitants set 

the inhabitants set off, as their portion of the State o^- 
and county taxes, till a new valuation of polls and 
estates shall be taken and made. 

Sec. 4. The said town of Orange shall be hold- Support of poor. 
en to pay the expense of supporting all the poor, 
now chargeable to the town of New Salem, in such 
proportion as the valuation of that part of New Sa- 
lem now set off to Orange, bears to the whole 
valuation of said New Salem, made in the year one 
thousand eight hundred and thirty-six. 

[Approved by the Governor, March 16, 1837.] 



CflAP. LXXVI. 

An Act to incorporate the Washington Manufac- 
turing Company. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Edward Clarke, Luke Harrington and ^«"'^°"s '"<=°''po- 

' '^ rated. 

Simon Dudley, their associates and successors, are 
hereby made a corporation, by the name of the 



68 NEW CHURCH SOC. March 16, 1837. 

Washington Manufacturing Company, for tlie pur- 
pose of manufacturing cotton and woollen goods and 
machinery in Sutton, in the county of Worcester ; 
and for this purpose shall have all the powers and 
privileges, and be subject to all the duties, restric- 
tions and liabilities, set forth in the thirty-eighth and 
fourty-fourth chapters of the Revised Statutes. 
Estate. Sec. 2. Said company may hold for the purpo- 

ses aforesaid, real estate to the amount of thirty 
thousand dollars, and the whole capital stock ot 
said company shall not exceed the amount of one 
hundred thousand dollars. 

[Approved by the Governor, March 16, 1837.] 



CHAP. LXXVII. 

An Act for changing the name of the New Church 
Society in Charlestown. 

JdE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Name of New From and after the passing of this act, the name 

Church Society , V, . . /-.i i 11 i ii 

changed to that ot the " Ncw Church Society m Charlestown" shall 
Church in be changed, and the said society shall be known and 

called by the name of the Harvard Church in 
Charlestown, any thing in the act incorporating said 
society, to the contrary notwithstanding. 



Charlestown. 



[Approved by the Governor, March 16, 1837.] 



ETNA FURNACE CO. March 16, 1837. 69 



CHAP. LXXVIII. 

An Act to increase the number of Justices of the 
Supreme Judicial Court. 

J3 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The number of Justices of the Supreme Judicial Number of jus- 

. ^ tices of S.J. C. 

Court shall be five instead of four, as now provided increased 10 five. 
by law. 

[Approved by the Governor, March 16, 1837.] 



CHAP. LXXIX. 



An act to incorporate the Etna Furnace Company. 

J3E it enacted by the Senate, and House oj Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Jacob Richardson, Albert Richardson, Persons incorpo- 
Micah Ketcham and their associates and successors, 
are hereby made a manufacturing corporation, by the 
name of the Etna Furnace Company, for the pur- 
pose of manufacturing, in the town of Cambridge, 
county of Middlesex, iron castings and such goods, 
merchandize or other articles, the component stock 
of which will be wholly or in part cast iron ; and for 



70 



Estate. 



NEW SALEM & ATHOL. 



March 16, 1837. 



this purpose shall have all the powers and privi- 
leges, and be subject to all the duties, restrictions 
and liabilities, set forth in the thirty-eighth and 
forty-fourth chapters of the Revised Statutes. 

Sec. 2. The said corporation may hold for the 
purposes aforesaid, real estate to the amount of 
fifty thousand dolhirs, and the whole capital stock of 
said corporation shall not exceed the amount of one 
hundred and fifty thousand dollars. 

[Approved by the Governor, March 16, 1837.] 



CHAP. LXXX. 



An Act to annex a part of New Salem to Athol. 

JJE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the 
authority of the same, as follows : 
'\"rtoTivew''sa- ^^^' ^' ^'^ ^^^^ part of Ncw Salem described 



le 



Boundaries. 



oTAthoi'''^ ^""^^ ^"^ bounded as follows; beginning at a stone monu- 
ment at the southeast corner of Little Grant ; thence 
south on the west end of lots, in the fourth division 
of lots in said town of New Salem, numbered nine- 
ty-eight, ninety-seven, and so on, to the south-west 
corner of Maltier Grossman's lot numbered seventy- 
nine, six hundred and thirty rods; thence south thir- 
ty-two degrees east, six hundred and eight rods, to 
a monument at the southwest corner of Joseph 
Waites' wood lot, on the line of Petersham ; thence 
on the line of Petersham north, fifty-four degrees 
east, four hundred and thirty-four rods, to a stone 
monument at the southeast corner of Athol ; thence 



NEW SALEM & ATHOL. March 16, 1837. 71 

on the line between Athol and New Salem, to the 
first mentioned monument, with all the inhabitants 
and estates thereon, is hereby set off and separated 
from said New Salem, in the county of Franklin, 
and annexed to the town of Athol, in the county of 
Worcester. 

Sec. 2. Said inhabitants and estates so set off, iniiabUants lia- 

u 1 1 I I • I 1 ble to pay taxes. 

shall be liable to pay all taxes that have been legally 
assessed on them by the town of New Salem, in the 
same manner as if this act had not been passed. 

Sec. 3. Said town of Athol shall be liable to Liability of the 

I • 1 /• TVT oi 1 II 1 town of Athol. 

pay over to the said town or New Salem, all such 
sums of money as shall be levied and collected from 
the inhabitants set off as their portion of the State 
and county taxes, till a new valuation of polls and 
estates shall be taken and made. 

Sec. 4. The said town of Athol shall be holden support of poor. 
to pay the expense of supporting all the poor now 
chargeable to the town of New Salem, in such pro- 
portion as the valuation of that part of New Salem 
now set off to Athol, bears to the whole valuation 
of said New Salem, made in the year one thousand 
eight hundred and thirty-six: provided, however, 
that the said town of New Salem shall forever be 
liable to support Benoni Twitchell and family, who 
have heretofore been paupers, belonging to the ter- 
ritory now set off from New Salem and annexed to 
Athol. 

[Approved by the Governor, March 16, 1837.] 



n^ WADSWORTH WOOL. CO. March 16, 1837. 



CHAP. LXXXI. 

An Act to incorporate the Wadsworth Woollen 
Company. 

Be it enacted by the Senate and House of Rep- 
resentatives^ in General Court assembled, and by the 
authority of the same, as follows : 

J™ '"c«'^po- Sec. 1. Hiram Wadsworth, Henry Holbrook 
and Otis Prince, their associates and successors, are 
hereby made a manufacturing corporation, by the 
name of the Wadsworth Woollen Company, for the 
purpose of manufacturing woollen goods in the town 
of Barre, in the county of Worcester ; and for this 
purpose shall have all the powers and privileges, 
and be subject to all the duties, restrictions and lia- 
bilities, set forth in the thirty-eighth and forty-fourth 
chapters of the Revised Statutes. 

Estate. Sec. 2. The said corporation may hold for the 

purposes aforesaid, real estate to the amount of one 
hundred thousand dollars, and the whole capital 
stock of said corporation shall not exceed the 
amount of two hundred thousand dollars. 

[Approved by the Governor, March 16, 1837.] 



MILLBURY ENGINE CO. March 17, 1837. 73 



CHAP. LXXXII. 

An Act to incorporate the Millbury Locomotive 
Engine Company. 

x3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

ISec. 1. Asa Waters, Abraham G. Randall and Persons incorpo- 

. . rated. 

Simon Farnsworth, their associates and successors, 
are hereby made a manufacturing corporation, by 
the name of the Millbury Locomotive Engine Com- 
pany, for the purpose of manufacturing rail-road 
locomotive steam-engines and other machinery, in 
the town of Millbury, in the county of Worcester; 
and for this purpose shall have all the powers and 
privileges, and be subject to all the duties, restric- 
tions and liabilities, set forth in the thirty-eighth 
and forty-fourth chapters of the Revised Statutes. 

Sec. 2. The said corporation may hold for the Estate. 
purposes aforesaid, real estate to the amount of forty 
thousand dollars, and the whole capital stock of said 
corporation shall not exceed the amount of one hun- 
dred thousand dollars. 

[Approved by the Governor, March 17, 1837.] 



10 



74 



WESTFIELD & SOUTH W'K. March 20, 1837. 



CHAP. LXXXHI. 



An Act to establish the dividing line between the 
towns of Westfield and Southwick. 



Boundaries. 



Jurisdiction. 



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 dividing line between the towns of 
Westfield and Southwick, in the county of Hamp- 
den, shall be a straight line from an established 
monument on the East Mountain, so called, being 
the southeast corner, to an established monument on 
the West Mountain, so called, being the southwest 
corner of the said town of Westfield. 

Sec. 2. The territory and jurisdiction, according 
to the line so established, are hereby confirmed to 
the towns of Westfield and Southwick respectively. 

[Approved by the Governor, March 20, 1837.] 



NORWICH & WOR. R. R. March 20, 1837. 75 



CHAP. LXXXIV. 

An Act to aid the construction of the Norwich and 
Worcester Rail-road. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. I. The treasurer of this Commonwealth Treasurer au- 

, , 1 • 1 1 1- t • • ihorized lo issue 

IS hereby authorized and directed to issue scrip or scrip. 
certificates of debt, in the name and behalf of the 
Commonwealth, under the hand of the said treas- 
urer, and the seal of the Commonwealth, for the 
sum of four hundred thousand dollars, bearing an in- 
terest of five per cent, per annum, payable semi-an- 
nually, at the office of the said treasurer, and re- 
deemable at the same place, at the expiration of 
twenty years from the first day of July next, which 
scrip or certificates shall be deemed to be a pledge 
of the faith and credit of the Commonwealth for 
the redemption thereof. And the said treasurer 
shall deliver said scrip or certificates of debt to the 
treasurer of the Norwich and Worcester Rail-road 
Company, for the purpose of enabling the said 
company to complete that part of their road which 
lies within this Commonwealth, at such times, and 
under such conditions, as are hereinafter provided. 

Sec. 2. When said company shall have expend- scrip to be de- 
ed, or received for the purpose of being expended JeTof 'aid com- 

,1 . ^' r^f" 'I J^i r pan V on certain 

m the construction ot tlieir rail-road, the sum of conditions. 
two hundred and fifty thousand dollars, the treasurer 
of the Commonwealth shall deliver to the treasurer 



76 NORWICH & WOR. R. R. March 20, 1837. 

of said company, scrip or certificates issued as afore- 
said, to the amount of one hundred thousand dol- 
lars ; and when thej shall have expended, or re- 
ceived for the purpose of being expended as afore- 
said, the sum of five hundred thousand dollars, in 
addition to the amount of the scrip which they shall 
have received from this Commonwealth, the treas- 
urer of the Commonwealth shall deliver to the 
treasurer of the said company, scrip or certificates 
issued as aforesaid, to the further amount of one 
hundred thousand dollars. And when the said com- 
pany shall have graded the whole of their said road, 
the treasurer of the Commonwealth shall deliver to 
the treasurer of said company the remainder of the 
said scrip or certificates for said sum of four hundred 
thousand dollars : provided, that before any such 
scrip or certificates shall be delivered to the treas- 
urer of said company as aforesaid, the said company 
shall furnish evidence satisfactory to the Governor 
that said payments have been made as aforesaid. 

ttkiSrecV^ ^^^' ^- 'l'^"^ ^^^ ^'^^'^ "^'^ ^'^^^' effect until said 

company, at a meeting of the stockholders duly no- 
tified for that purpose, shall have assented to all the 
provisions thereof, and shall have executed to the 
Commonwealth a bond, in such form as the attorney- 
general shall prescribe, conditioned that said com- 
pany shall indemnify and save harmless the Com- 
monwealth from all liability on account of said scrip 
or certificates, and shall pay the interest thereon 
punctually as the same shall fall due, at the office of 
the treasurer of this Commonwealth, until the prin- 
cipal sum or sums thereof shall be paid by said 
company, and shall pay at the office of said treas- 
urer of the Commonwealth the principal sum or 
sums aforesaid, one year before the same shall be- 



SURPLUS REVENUE. March 2\, 1837. 77 

come redeemable by the Commonwealth ; and shall 
also convey by a suitable instrument, to be prepared 
for that purpose under the direction of the attorney- 
general, their entire road and its income, and all the 
franchise to them belonging, as a pledge or mort- 
gage to secure the performance of all the conditions 
of said bond ; and shall also transfer to this Com- 
monwealth four thousand shares of the capital stock 
of said company, to be held by the treasurer of the 
Commonwealth, as further security for the perform- 
ance of the condition of the said bond, and to be 
sold by the said treasurer, at the pleasure of the 
General Court, upon the failure of the said company 
to pay the interest of the said scrip or certificates of 
debt, or the principal thereof as aforesaid. 

[Approved by the Governor, March 20, 1837.] 



CHAP. LXXXV. 



An Act concerning the deposite of the Surplus 
Revenue. 

jjIE 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 first two instalments of all monies First two insiai- 

• 11 I r-t-s ^ rt • /-( I /• ments shall be 

received by the Ireasurer and Receiver General or deposited with 

1 • r^ 1 I r I o /» , the several towns 

this Gommonwealth, irom the Secretary or the in proportion to 

n-i riTT-io ri • -i their respective 

ireasury ot the United btates, ror deposite with population. 
this Commonwealth, in pursuance of the act of Con- 
gress, entitled " an act to regulate the deposites of 



78 SURPLUS REVENUE. March 21, I S37. 

the public money," approved on the twenty-third 
day of June, in the year eighteen hundred and thirty- 
six, excepting the sum of two thousand five hundred 
dollars, to be appropriated as hereinafter provided, 
shall, from time to time, as soon as may be after 
receiving the same, be deposited with such of the 
several towns of this Commonwealth, in proportion 
to their respective population, as ascertained by the 
last general census, as shall agree to receive the 
same, and duly authorize their treasurer or their 
agent appointed by them to receive the same ; and 
the two last instalments of said monies shall, as 
soon as may be after receiving the same, be depos- 
ited with the towns aforesaid, in proportion to their 
respective population, to be ascertained as heueinaf- 
ter provided. 
Census to be Sec. 2. A ccusus of the uopulatiou of the sev- 

takeniiiMay • i • r- i i i ii • i 

next, era! towns in this Commonwealth, shall in the 

month of May next, be taken in such manner as 
the governor, with the advice and consent of the 
council may direct, and returned as soon as may 
be, into the office of the secretary of the Common- 
wealth ; and such persons as shall be appointed by 
the mayor and aldermen of each city for that pur- 
pose, and the assessors of the several towns, who 
shall be sworn to the faithful discharge of the duty, 
shall take said census, and make returns as is herein 
provided. A copy of said return shall be deposited 
in the office of the clerk of each town ; and the in- 
mates of the state prison, of the several hospitals, 
jails and houses of correction, and the students in 
colleges, academies and high schools, not belonging 
to the towns in which said colleges, academies or 
high schools are located, and all state paupers, shall 
not be numbered in the census of said towns. 



SURPLUS REVENUE. March 2\,U37. 79 

Sec. 3. The treasurer and receiver-general of Treasurer of 

,~ Commonwealth 

the Commonwealth shall deliver their respective to deliver propor- 

■* tional deposites 

proportional deposites of said monies to the treasu- on receiving cer- 

•^ ' ■* ^ tificates. 

rers, or other duly authorized agents of said towns, 
on receiving certificates of deposite therefor, in such 
form as he maj prescribe, signed by such treasurer 
or agent, and binding said towns in their corporate 
capacity for the repayment of the money deposited, 
or any and every part thereof, from time to time, 
whenever the same shall be required by the said 
treasurer and receiver-general, to be by him refund- 
ed to the secretary of the treasury of the United 
States. 

Sec. 4. The several towns aforesaid shall apply Application of 
the money so deposited with them, or the interest poli^cr^'*" 
upon the same, to those public objects of expendi- 
ture for which they may now lawfully raise and 
appropriate money, and to no other purpose. 

Sec. 5. Where any new town has been const!- in case any town 

,,,...„ has been altered 

tuted by a division ol any town or towns, or where or enlarged. 
any town has been enlarged or diminished, by an- 
nexing to or taking therefrom any portion of territory 
since the last general census, any town so consti- 
tuted or altered, shall receive the first half of their 
proportional deposite, agreeably to said census ; but 
where the proportion of any such towns cannot be 
determined by reference to said census, if said towns 
shall mutually agree upon the proportion of their 
deposite which each town so agreeing shall receive, 
then such town shall receive such agreed proportion 
on the terms of this act ; but if such towns shall 
not so agree, their respective proportions of the 
deposite which would accrue to them jointly under 
the last census, shall be determined by a new cen- 
sus of such towns, to be taken as soon as may be. 



80 SURPLUS REVENUE. March2\, \S37. 

by some suitable person, appointed for that purpose 
by the treasurer and receiver-general of the Com- 
monwealth, on application of either of said towns 
to him. 

Repayment of Sec. 6. If uavment of Said monies shall be de- 
said monies. r ^ ^ 

manded of the said treasurer and receiver-general 
by the secretary of the treasury of the United 
States, agreeably to the act of Congress before 
named, then said treasurer shall, as soon as may be, 
give notice to each town in the Commonwealth of 
the amount of its proportional share of deposite to 
be repaid, which amount each town shall, within 
thirty days after said notice, repay to said treasurer 
and receiver-general ; and on failure of any town to 
repay said amount within said thirty days, said treas- 
urer and receiver-general is hereby authorized and 
required to issue an execution for the amount due 
from said town, returnable within sixty days, against 
the goods or estates of the inhabitants of said town, 
and directed to the sheriff of the county in which 
said town is situated; and it shall be the duty of the 
sheriff to serve and make return of such execution 
to the treasurer and receiver-general of the Com- 
monwealth, according to the directions therein given. 
Loans by treas- Sec. 7. Two thousaud five hundred dollars of 

urer of Common- . , . i 1 1 i i i i i i i 

weahh. said monies shall be reserved and loaned by the 

treasurer and receiver-general of the Commonwealth, 
and the income therefrom paid annually, in the 
month of March, as follows, to wit : to the treas- 
urer of the district of Marshpee, the income of one 
thousand dollars ; to the guardian of the Chappe- 
quiddick and Christiantown Indians, the income of 
one thousand two hundred dollars. One half of said 
income for the benefit of said Christiantown and 
Chappequiddick indians, and the other half for the 



ASSESSMENT OF TAXES. March2\, 1837. 81 

benefit of the indians at Gaj Head ; and to the 
treasurer of the Herring Pond indians, the income 
of three hundred dollars — all of said income to be 
appropriated to the purposes of common school ed- 
ucation in said places, and no other distribution shall 
be made to said indians from said monies. 

Sec. 8. This act shall take effect from and after 
its passage. 

[Approved by the Governor, March 21, 1837.] 



CHAP. LXXXVI. 



An Act concerning the Assessment of Taxes. 

XjE it enacted by the Senate and House of Rep- 
resentatives^ in General Court assembled, and by the 
authority of the same, as follows : 

All machinery employed in any branch of manu- Machinery to be 

(. II* I II 1 assessed where 

lactures belongmg to any person or persons shall be it is employed. 
assessed in the city, town or other place, where 
such machinery may be situated or employed. 

[Approved by the Governor, March 21, 1837.] 



11 



82 SUFFOLK MANUFAC. CO. March 2\, 1837. 



CHAP. LXXXVII. 

An Act to increase the Capital Stock of the Tremont 

Mills. 

J3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Increase of stock 1'he pi'oprietors of the Tremont Mills, are hereby 

by additional . . 

shares. authorizcd to increase their capital stock by the ad- 

dition of such number of additional shares, not ex- 
ceeding two hundred, of one thousand dollars each, 
as the said corporation may require for the conven- 
ient management of their business. 

[Approved by the Governor, March 21, 1837.] 



CHAP. LXXXVIH. 

An Act to increase the Capital Stock of the Suffolk 
Manufacturing Company. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority oj the same, as follows : 
Increase of stock The Suffolk Manufacturing Company are hereby 

by additional _ . . 

shares. authorizcd to incrcasc their capital stock by the cre- 

ation of such number of shares, not exceeding two 
hundred, of one thousand dollars each, as the said 



COURTS OF MIDDLESEX. March '2A, 1837. 83 

corporation may require for the convenient manage- 
ment of their business. 

[Approved by the Governor, March 21, 1837.] 



CHAP. LXXXIX. 

An Act in addition to An Act relating to certain 
Courts in the County of Middlesex. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The act to which this act is in addition conditions of the 
which act is hereby revived, shall be void and of no 
effect, unless the city of Lowell, on or before the 
first day of April next, shall pay to the county com- 
missioners, for the time being of the county of Mid- 
dlesex, the sum of ten thousand dollars, to be ap- 
plied and expended by them towards the erection of 
a jail in said Lowell, with suitable appurtenances, 
for the safe keeping of prisoners ; and shall, also, on 
or before said day, finish the court rooni, and other ac- 
commodations now begun at said Lowell, and in part 
finished, for the use of the courts named in said act, 
according to the plan and style in which the same 
are now begun ; and shall, also, on or before said day, 
by a good and sufficient lease or other conveyance, 
duly executed and delivered to said county commis- 
sioners', secure and confirm said court room and oth- 
er accommodations to the county of Middlesex, to 
be permanently used for the purposes of said act. 



84 COURTS OF MIDDLESEX. March 24>, 1837. 

^^brhdcSn^at*^' ^^^* ^- '" ^^^^ ^^® ^^^J' ^^ Lowell shall fulfil 
Loweij, m case, the foregoiiig coiiditions, the term of the supreme 
judicial court, now by law to be holden at Concord, 
within and for said county, on the second Tuesday 
of April annually, shall, on the second Tuesday of 
April, in the year eighteen hundred thirty-seven, 
and annually thereafter be holden at said Lowell ; 
and the term of the court of common pleas, now by 
law to be holden at Concord, within and for said 
county, shall on the second Monday of September 
next and annually thereafter, be holden at said Low- 
ell. And the sheriff of said county shall give sea- 
sonable and proper notice thereof in all the newspa- 
pers published in said county. 
County commis- Sec. 3. It shall be the duty of the county com- 

sioners to pur- . . ^ , . , . r • i 

chase land and missioucrs lor the tuHc bcHig, oi said county, to re- 
erect a jail. . , r • 1 j i 

ceive the aloresaid payment, and thereupon to pro- 
ceed and purchase a lot of land in said Lowell, and 
to erect a jail on the same, with all necessary ap- 
purtenances and conveniencies for the safe keeping 
of prisoners. And if the aforesaid sum shall be in- 
sufficient to defray the expense of said land and jail, 
the residue of said expense shall be defrayed by the 
county of Middlesex. 
Acts inconsistent g^c. 4. All parts of the act to which this act is 

herewith repeal- ^ 

ed- in addition, which are inconsistent with the provis- 

ions of this act, are hereby repealed. 

[Approved by the Governor, March 24, 1837.] 



VVRENTH. CARPET CO. March 25, 1837. 85 



CHAP. XC. 

An Act to incorporate the VVrentham Carpet Com- 
pany. 

Be it enacted by the Senate and House of Rep- 
resentatives^ in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Whiting Grant, George Sharp and Persons incorpo- 
Charles Perkins, their associates and successors, 
are hereby made a manufacturing corporation, by 
the name of the Wrentham Carpet Company, for 
the purpose of manufacturing carpets in the town of 
Wrentham, in the county of Norfolk ; and for this 
purpose shall have all the powers and privileges, 
and be subject to all the duties, restrictions and lia- 
bilities, set forth in the thirty-eighth and forty-fourth 
chapters of the Revised Statutes. 

Sec. 2. The said corporation may hold for the Estate. 
purposes aforesaid, real estate to the amount of fif- 
teen thousand dollars, and the whole capital stock of 
said corporation shall not exceed the amount of 
twenty-five thousand dollars. 

[Approved by the Governor, March 25, 1837.] 



86 LOWELL GAS COMPANY. March 25, US1 . 



CHAP. XCL 



An Act to incorporate the Lowell Gas Company. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Persons incorpo- g^c. ]. Kiik Boott, Robeft Mcans and John 

rated. ' 

Aiken, their associates and successors, are hereby 
made a corporation, by the name of the Lowell Gas 
Company, for the purpose of manufacturing and 
selling gas in the city of Lowell, in the county of 
Middlesex, with all the powers and privileges, and 
subject to all the duties, restrictions and liabilities 
set forth in the thirty-eighth and forty-fourth chap- 
ters of the Revised Statutes. 

^^'^'*^- Sec. 2. Said corporation may hold for the pur- 

poses aforesaid, real estate not exceeding one hun- 
dred thousand dollars, and the whole capital stock 
of said corporation shall not exceed three hundred 
thousand dollars. 

Act void in case, g^^. 3. If the Said corporation shall not within 
three years from the passage of this act, have erect- 
ed their works, and be prepared to manufacture gas 
for the use of the citizens of Lowell, this act shall 
be void. 

Corporation may §£<-.. 4. Said corooration may, with the assent 

dig up or open » -^ ' 

streets. ]„ writing of the mayor and aldermen of the city of 

Lowell, dig up and open any street or way within 
said city, for the purpose of placing such pipes as 
may be necessary for the conveyance and distribu- 



FISH WEAR COMPANY. March 25, \8S1. 87 

tion of the gas, or for the repairs or extension of the 
same. 

[Approved by the Governor, March 25, 1837.] 



CHAP. XCH. 

An Act to incorporate the Fish Wear Company. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. John Kenrick, Isaac Linnell, Josiah i*«'^°»s incorpo- 

' ' ■ rated. 

Linnell, their associates and successors, are hereby 
made a corporation, by the name of the Fish Wear 
Company, for the purpose of constructing a fish 
wear in the waters at Nanwicoit Point, (so called) 
in the southeasterly part of the town of Orleans, in 
the county of Barnstable, for the purpose of taking 
fish ; and for this purpose shall have all the powers 
and privileges, and be subject to all the duties, re- 
strictions and liabilities contained in the forty-fourth 
chapter of the Revised Statutes. 

Sec. 2. Said wear shall not extend farther into Extension of 
the water than to the depth of four feet at low 
water. 

Sec. 3. If any person shall take any fish from Forfeiture for 

. , . , , . . ^ . , . taking fish wiih- 

said wear, without the permission of said corporation, out permission. 
he shall forfeit to said corporation a sum not ex- 
ceeding five dollars, if the quantity so taken be less 
than one hundred pounds ; but if the quantity taken 
be more than one hundred pounds, the person so of- 



88 HOPE OYSTER CO. March 25, 1837. 

fending shall forfeit five dollars for every hundred 
pounds of fish so taken, to be recovered in any 
court proper to try the same. 
Restriction. Sec. 4. If any persou shall take by seine any 

fish within twenty rods of the location of said 
wear, he shall forfeit a sum not exceeding six dol- 
lars for each offence, for the use of said corporation, 
to be recovered as aforesaid. 

[Approved by the Governor, March 25, 1837.] 



CHAP. XCIII. 

An Act to establish the Hope Oyster Company, in 
Nantucket. 

_oE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Persons incorpo- Sec. 1. Micah Swaiu, Thomas Coffin, Reuben 

rated. 

Joy, Jr. their associates and successors, are hereby 
made a corporation, by the name of the Hope Oys- 
ter Company, for the purpose of planting, propagat- 
ing and digging oysters, in Hummock Pond, Salt 
Pond and Heither Creek, in the island of Nantuck- 
et ; and for that purpose shall have all the powers 
and privileges, and be subject to all the duties, re- 
strictions and liabilities, set forth in the forty-fourth 
chapter of the Revised Statutes. 
Corporation to Sec. 2. The Said corporation shall have the 

have exclusive , . r i ^ i ^ r • i /• 

use of ponds and cxclusive usc oi the pouds and creeks aforesaid, for 
the purpose of planting, propagating and digging 



CHARLESTOWN B. R. R. CO. 3Iarch 25, 1837. 89 

oysters, for the term of twenty years ; and if any 
person shall dig for, in said ponds and creeks, or 
take therefrom any oysters during the term afore- 
said, without leave of said corporation, he shall 
forfeit and pay a fine not exceeding five dollars, for 
each offence, to the use of the complainant, to be 
recovered in any court proper to try the same. 

Sec. 3. Said corporation may hold personal Personal proper- 
property to an amount not exceeding five thousand 
dollars. 

[Approved by the Governor, March 25, 1837.] 



CHAP. XCIV. 

An Act in addition to an Act establishing the 
Charlestown Branch Rail-road Company. 

13E it enacted by the Senate and House of Rep- 
resentatives^ in General Court assembled, and bij the 
authority of the same, as follows : 

Sec. 1. The time limited in the third section of Extension of 
the act incorporating the Charlestown Branch Rail- 
road Company, for filing with the county commis- 
sioners the location of their rail-road, shall be so 
extended as to authorize said company to file the 
same on or before the first day of January, in the 
year one thousand eight hundred and thirty-nine ; 
and the time for the completion of said rail-road 
shall be extended to the first day of January, in the 
year one thousand eight hundred and forty. 

Sec. 2. The said corporation shall not be re- corporation shaii 

I,.,,,, . . i-i construct a draw. 

quired to build the draw or piers mentioned in the 
12 



9a MIDDLESEX BRIDGE. March 25, 1837. 

second section of said act ; but in lieu thereof, shall 
construct and maintain in their said rail-road, in the 
bay northwesterly of the State prison a draw, the 
centre of which shall not be more than six hundred 
feet nor less than four hundred feet northwesterly 
of the Prison Point bridge ; also suitable piers for 
the accommodation of vessels and boats, to be ap- 
proved by the governor and council, and by the 
superintendent or agent of the Middlesex canal. 
And the said Charlestown branch rail-road com- 
pany shall be subject to the same duties and liabili- 
ties, concerning the draw and piers herein required 
to be built, as are prescribed in the second section 
of said former act, concerning the draw and piers 
therein mentioned. 

[Approved by the Governor, March 25, 1837.] 



CHAP. XCV. 

An Act in addition to '* An Act to incorporate the 
Proprietors of the Middlesex Bridge." 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, asfolloivs : 
Extension of time The time for building and completing their bridge 

for building and , . , . ^ , nt- i ii n • i • i 

completing by saiQ proprietors oi the Middlesex Bridge, is here- 
by extended for the term of three years from the 
first day of May next, any thing in the act to which 
this is in addition to the Contrary notwithstanding. 

[Approved by the Governor, March 25, 1837.] 



FALL RIVER FERRY CO. March 25, 1837. 91 



CHAP. XCVI. 

An Act in addition to an Act to incorporate the Fall 
River Mill-road, Rail-road and Ferry Company. 

JlJE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The doings of the first meeting of the Confirmation of 

■fiiTT iii»'ii iT->M 1 IT" r^ ^^^ doing's of the 

fall Kiver Mill-road, Kail-road and rerry Company, company. 
holden on the first Monday in May, one thousand 
eight hundred and thirty-five, are hereby confirmed. 

Sec. 2. The tenth section of the act to which Tenth section of 

,... jj'- 1111 1 • act to which this 

this IS in addition, shall be so construed as to give is in addition, 

, rill 11 ^°^ construed. 

to the owner ot land or other property, taken by 
said corporations in virtue of the provisions of their 
act of incorporation, all reasonable damages, to be 
estimated according to the provisions of that part of 
the thirty-ninth chapter of the Revised Statutes, 
which relates to rail-road corporations. 

[Approved by the Governor, March 25, 1837.] 



92 PROBATE COURTS. March 28, 1837. 



CHAP. XCVII. 

An Act to increase the salaries of the .Judge and 
Register of Probate for the county of Nantucket. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, asfolloivs : 
judgeof Pro- From and after the passing of this act, the Judge 

bate to receive i o ' o 

^200 per annum, of Probatc for the countv of Nantucket shall receive 

and Register of -^ 

Probate ^300. (q^ his serviccs an annual salary of two hundred 
dollars ; and the Register of Probate for the said 
. county shall receive for his services an annual salary 
of three hundred dollars, payable as provided in the 
fifty-first section of the eighty-third chapter of the 
Revised Statutes — any thing in the forty-ninth sec- 
tion of said chapter to the contrary notwithstanding. 

[Approved by the Governor, March 28, 1837.] 



CHAP. XCVIII. 

An Act to establish Probate Courts in the town of 
Provincetown. 

Jl>E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, asfolloivs : 
Probate court, Sec. 1. There shall be a probate court holden 
at Provincetown, in the county of Barnstable, on 



GUNPOWDER. March 2S,IS37. 93 

Friday next after the third Monday of April, and on 
Friday next after the last Monday of October, in 
each year. 

Sec. 2. The judge of probate for said county increase of 
shall receive, in addition to his present salary, fifty J^'^se s salary. 
dollars yearly, to be paid in manner provided for in 
the eighty-third chapter, fifty-first section of the Re- 
vised Statutes. 

Sec. 3. This act shall take effect from and after Act when totake 
-the day of its approval by the governor. ^'^^*^'' 

[Approved by the Governor, March 28, 1837.] 



CHAP. XCIX. 



An Act in addition to " An Act further regulating 
the storage, safe keeping, and transportation of 
Gunpowder in the city Boston.*' 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the sajiie, as follows : 

Sec. 1. Any person, who shall keep, have or Forfeiture for 
possess any gunpowder within the city of Boston, iifgg^fpowdV 
contrary to the provisions of the act to which this act &c!^^'^*° *^' 
is in addition, or to the rules and regulations of the 
board of engineers therein mentioned, or who shall 
sell any gunpowder in said city, without having a 
license therefor, or contrary to such license, or the 
rules and regulations aforesaid, shall forfeit a sum 
not less than one hundred dollars, and not exceeding 
five hundred dollars, for each offence ; and if any 



94 GUNPOWDER. • March 28, 1837. 

Forfeiture in guiiDowder, kept contrarv to the provisions of the 

case of explosion. , ., ii« 

act aforesaid, or to such license, or to the rules and 
regulations aforesaid, shall explode in any building, 
or on board of any ship or other vessel, or in any 
place in said city, the occupant, tenant or owner of 
which has not then a license to keep and sell gun- 
powder therein, such occupant, tenant or owner shall 
forfeit a sum not less than one hundred dollars, and 
not exceeding one thousand dollars for each offence. 

To whose use §£€. 2. The scvcral fines, penalties and forfeit- 

fines and forfeit- ■• 

ures to enure, ures, mentioned in this act, and in the act to which 
this is in addition, shall enure to the sole use of the 
board of engineers of the fire department of said 
city of Boston : provided, however, that whenever 
on the trial of any prosecution under the said acts, 
any one or more of the said engineers shall be sworn 
and examined as a witness on behalf of the prose- 
cution, a record thereof shall be made in court, and 
in such case, the fine, penalty, or forfeiture shall 
enure to the use of the poor of the city of Boston, 
to be paid over to the overseers of the poor thereof. 

Sections of form- Sec. 3. The fourth and eleventh sections of the 

er act repealed. 

act to which this act is in addition, are hereby re- 
pealed. 

[Approved by the Governor, March 28, 1837.] 



NEWBURYP'T MECH. ASSO. March29,U37, 95 



CHAP. C. 

An Act to repeal "An Act to repeal the Charter 
of the State Bank." 

j3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and . by the 
authority of the same, as follows : 

An Act entitled "An Act to repeal the charter of Act repealed. 
the State Bank," passed on the sixteenth day of 
April, in the year one thousand eight hundred and 
thirty-six, is hereby repealed ; and this act shall 
take effect from and after its passage. 

[Approved by the Governor, March 29, 1837.] 



CHAP. CI. 

An Act to incorporate the Newburyport and New- 
bury Mechanic Association. 

J3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Benjamin Gunnison, John S. Dodge Persons incorpo- 
and Joseph Couch, and their associates, are hereby 
made a corporation, by the name of the "Newbu- 
ryport and Newbury Mechanic Association," for the 
purpose of promoting moral and mental culture ; 
with all the powers and privileges, and subject to 



96 PHILLIPSTON & ROYALST. March29,18S7. 

all the duties, liabilities and restrictions, contained 
in the forty-fourth chapter of the Revised Statutes. 
^*'^'®' Sec. 2, The said corporation may hold for the 

purposes aforesaid, real and personal estate to the 
amount of ten thousand dollars. 

[Approved by the Governor, March 29, 1837.] 



CHAP. CII. 

An Act establishing a dividing line betu^een the 
towns of Phillipston and Royalston. 



Dividing line. 



Treasurer to pay 
over money. 



JjE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The following described line is estab- 
lished as the true dividing line between the towns 
of Phillipston and Royalston, to wit : beginning at 
a stone monument which is the corner of Royalston 
and Phillipston, and is three hundred and sixty-six 
rods west, two degrees south from the southeast 
corner of Royalston, and in the course of the divid- 
ing line between Royalston and Templeton ; thence 
running west ten degrees north, one hundred and 
ninety-eight rods, to the stone monument at the 
corner of Phillipston and Royalston on Miller's 
river. 

Sec. 2. The treasurer of the town of Royalston 
shall pay over to the treasurer of the town of Phil- 
lipston on demand, all money that shall, from time 
to time, be assessed in any state or county tax on 
the polls and estates of the persons hereby set off 



GREEN RIVER MANU. CO. March29,\S31, 97 

from the town of Phillipston, and annexed to the 
town of Royalston, until the next valuation of es- 
tates shall be taken by authority of the state. 

[Approved by the Governor, March 29, 1837.] 



CHAP. cm. 

An Act to incorporate the Green River Manufactur- 
ing Company. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Lorenzo Kellogg;, Sidney Tullar and Persons incorpo- 
Henry D. Chapman, their associates and successors, 
are hereby made a manufacturing corporation, by 
the name of the Green River Manufacturing Com- 
pany, for the purpose of manufacturing cotton and 
woollen goods in the town of Great Barrington, in 
the county of Berkshire ; and for this purpose shall 
have all the powers and privileges, and be subject to 
all the duties, restrictions and liabilities, set forth in 
the thirty-eighth and forty-fourth chapters of the 
Revised Statutes. 

Sec. 2. The said corporation may hold for the ^*'^'«- 
purposes aforesaid, real estate to the amount of 
twenty thousand dollars, and the whole capital stock 
of said corporation shall not exceed the amount of 
forty thousand dollars. 

[Approved by the Governor, March 29, 1837.] 
13 



98 PEOPLE'S BANK. March 2d, 1837. 



CHAP. CIV. 



An Act to establish an Institution for Savings in 
Clielsea. 

JoE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Persons incorpo- Simcon Butteifield, John Low and Plenry W. 

rated. . . 

Fenno, their associates and successors, are hereby 
made a corporation, by the name of the Chelsea 
Institution for Savings, to be established in the town 
of Chelsea, in the county of Suffolk, with all the 
powers and privileges, and subject to all the duties, 
liabilities and restrictions set forth in the thirty- 
sixth chapter of the Revised Statutes. 

[Approved by the Governor, March 29, 1837.] 



CHAP. CV. 

An Act to repeal " An Act to repeal the Charter of 
the People's Bank." 

J3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Act repealed. An Act entitled "An Act to repeal the charter of 

the People's Bank," passed on the sixteenth day of 



SUTTON SOUTH PARISH. March 29, 1837. 99 

April, in the year one thousand eight hundred and 
thirty-six, is hereby repealed ; and this act shall 
take effect from and after its passing. 

[Approved by the Governor, March 29, 1837.] 



CHAP. CVI. 

An Act to authorize the South Parish in Sutton to 
sell certain Real Estate. 

jjE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The South Parish in Sutton are hereby Authorized to 
authorized to sell and convey the real estate devised 
to them for purposes of education, by the late John 
Cole, deceased. 

Sec. 2. The proceeds of said sale shall be per- proceeds, how 
manently invested, by a committee of the parish for '"''^*'^'^- 
that purpose, at a legal meeting chosen ; and the 
income thereof, only, shall be, annually, appropria- 
ted to schools, in conformity with the directions of 
the last will and testament of said deceased. 

[Approved by the Governor, March 29, 1837.] 



100 BERKSHIRE SILK CO. March 29, 1837. 



CHAP. CVII. 

An Act to incorporate the Berkshire Silk Company. 

JBE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Persons incorpo- Sec. 1. Isaac Hodgcs, Nathan Putnam, Elihu 

rated, , , . . 

S. Hawkes and their associates and successors, are 
hereby made a corporation, by the name of the 
Berkshire Silk Company, for the purpose of pro- 
ducing and manufacturing silk in the town of Adams, 
in the county of Berkshire ; and for these purposes 
shall have all the powers and privileges, and be sub- 
ject to all the duties, restrictions and liabilities, set 
forth in the thirty-eighth and forty-fourth chapters 
of the Revised Statutes. 
Estate. Sec. 2. The said corporation may hold for the 

purposes aforesaid, real estate to the amount of 
twenty thousand dollars, and the whole capital stock 
of said corporation shall not exceed fifty thousand 
dollars. 

[Approved by the Governor, March 29, 1837.] 



SURPLUS REVENUE. April 1, 1837. 101 



CHAP. CVIII. 

An Act to extend the time of paying in the capital 
stock of the Farmers and Mechanics Bank, located 
in the South Village in Adams. 

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 time for paying in the capital stock Time extended. 
of the Farmers and Mechanics Bank, located in 
the South Village in Adams, is hereby extended six 
months. 

Sec. 2. This act shall take effect from and after wiien to take 

effect. 

Its passage. 

[Approved by the Governor, April 1, 1837.] 



CHAP. CIX. 



An Act in addition to an Act concerning the Depos- 
ite of the Surplus Revenue. 

JBE 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 Treasurer and Receiver General is Apportionment 
hereby required to apportion among all the towns of 
the Commonwealth, upon the rule of apportionment 



102 



SURPLUS REVENUE. 



April 1, 1837. 



provided in the act to which this is in addition, such 
portion of the surplus. revenue of the United States 
already received, or to be hereafter received by this 
Commonwealth, as by said act is to be deposited 
with the several towns in the Commonwealth, any 
thing in said act to the contrary notwithstanding ; 
and the governor, as soon as any apportionment is 
made, as is herein provided, is hereby authorized to 
draw his warrant for the payment to each town in 
the Commonwealth their respective shares of such 
apportionment. 
Shares not ac- Sec. 2. Should auv town, for the space of six 

cepted to remain '' _ '_ 

in the treasury, nionths from aud after the passage of this act, neg- 
lect to signify to the treasurer of the Commonwealth 
their acceptance of their respective portions of said 
surplus revenue, or to comply with the terms of said 
^ act, the shares of such towns shall remain in the 
treasury of the Commonwealth, subject to the future 
disposition of the Legislature. 

Sec. 3. The treasurer and receiver-general shall 
forthwith furnish all the towns with such directions 
and blank forms, as he may deem necessary for the 
purpose of binding the towns respectively for the 
re-payment of the money so deposited with them. 

Sec. 4. This act shall take effect from and after 
its passage. 



Directions re- 
specting repay 
ment. 



When to take 
effect. 



[Approved by the Governor, April 1, 1837.] 



ROCHESTER ACADEMY. April 5, IS37. 103 



CHAP. ex. 

An Act to incorporate the Proprietors of the Roch- 
ester Academy. 

rjE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows: 

Charles J. Holmes, Joseph Haskell and George Persons incorpo- 
Bonney, their associates and successors, are hereby 
made a corporation, by the name of the " Proprietors 
of the Rochester Academy," to be established in the 
town of Rochester, in the county of Plymouth, with 
all the powers and privileges, and subject to all the 
restrictions and liabilities, set forth in the forty- 
fourth chapter of the Revised Statutes, with power Estate. 
to hold real and personal estate to an amount not 
exceeding twenty thousand dollars, to be devoted 
exclusively to purposes of education. 

[Approved by the Governor, April 5, 1837.] 



104 INSPECTION OF NAILS. April 5, 1837. 



CHAP. CXI. 

An Act in relation to the Inspection of Nails. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Name to be Sec. 1. Everj manufacturer of wrought or cut 

branded on cask, ^^.j^ ^^ ^^^^^^ ^j^^j, ^^^^j^ ^^ ^^^^^^ j^ ^l^j^^ j^gj^^j^ 

letters, the initial of his christian name, and the 
whole of his sur-name ; or, if manufactured bj a cor- 
poration or company, the name of such corporation, 
or style of said company, together with the nett 
weight (omitting the tare) of the contents of said 
cask on the head of the same. 
Sections of for- Sec. 2. So much of the one hundred and sixty- 
mer act repealed, ^j^j^.^ ^^^ ^^^ hundred and sixty-fourth sections of 

the twenty-eighth chapter of the Revised Statutes 
as is inconsistent with the provisions of this act, is 
hereby repealed. 

[Approved by the Governor, April 5, 1837.] 



CABOT BANK. Aprils, 1837. 105 



CHAP. CXII. 

An Act to establish the Cabot Bank. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. John Chase, N. P. Ames, D. M. Bry- Persons incorpo- 

' -^ rated. 

ant, their associates and successors, are hereby made 
a corporation, by the name of the President, Direc- 
tors and Company of the Cabof Bank, to be estab- 
lished at Cabotvilje, in the town of Springfield, in 
the county of Hampden, and shall so continue until 
the first day of October, in the year one thousand 
eight hundred and fifty-one ; with all the powers 
and privileges, and subject to all the duties, restric- 
tions and liabilities, set forth in the thirty-sixth 
chapter of the Revised Statutes. 

Sec. 2. The stock in said bank shall be trans- Transferor 
ferable only at its banking-house, and in its books. 

Sec. 3. The capital stock of said corporation capital stock. 
shall consist of two hundred thousand dollars, to be 
divided into shares of one hundred dollars each, and 
to be paid in such instalments, and at such times, as 
the stockholders may direct : provided, the whole be 
paid in on or before the first day of January next. 

[Approved by the Governor, April 5, 1837.] 
U 



106 



ANDO. & WILM. R. ROAD. April 5, 1837. 



CHAP. CXIII. 



Authorized to 
construct rail- 
road. 



First route. 



An Act in addition to an Act to establish the An- 
dover and Wilmington Rail-road Corporation. 

X>E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as folloivs : 

Sec. 1. The Andover and Wilmington Rail-road 
Corporation are hereby authorized and empowered 
to construct and complete a rail-road from the bank 
of Merrimack river, in Bradford, thence through 
Haverhill to the line of the state of New Hampshire, 
on or near either of the routes following, to wit: 
The first route begins at a point in their rail-road, 
as now located on the bank of Merrimack river, in 
Bradford, nearly opposite to " the sands," in Haver- 
hill, and approaching the river by a curve of about 
nine hundred feet radius ; thence northerly, by a 
bridge across the river, about eight hundred feet ; 
thence, by a gentle curve to the left, about four 
hundred feet ; thence north, to the road opposite to 
Mrs. Plummer's barn ; thence, by a curve to the left 
of forty-five hundred feet radius, about twenty-one 
hundred feet, to a point on the easterly side of 
Hale's mill-pond ; thence crossing said pond, in a 
curve to the right of five thousand feet radius, about 
two thousand five hundred feet ; thence, by a curve 
to the left of four thousand feet radius, two thousand 
five hundred feet; thence northwesterly, in a straight 
line, near the westerly bank of Little river, about 
twenty-eight hundred feet ; thence, by a curve to 



AND. & WILM. R. ROAD. April 5, 1837. 107 

the right of about four thousand feet radius, about 
seventeen hundred feet ; thence northerly, in a 
straight line, nineteen hundred feet ; thence, by a 
curve to the right of forty-five hundred feet radius, 
thirteen hundred feet ; thence, in a straight line, 
nearly north, to the line of New Hampshire, about 
three hundred feet westerly of Clark's mill-pond. 

The second route, leaving said rail-road, as now Second route, 
located, about eleven hundred feet easterly of the 
first mentioned point, and passing to the river in a 
curve of about seven hundred feet radius ; thence, 
by a bridge, to the north bank of Merrimack river, 
just below the mouth of Little river ; thence, by a 
curve to the left of thirteen hundred feet radius, one 
thousand feet ; thence northwesterly, one thousand 
feet ; thence, by a curve to the right of five thousand 
feet radius, to the point before mentioned on the 
easterly side of Hale's mill-pond ; thence, by a route 
before described, to a point twelve hundred feet 
southerly of Eastman's bridge ; thence, by a curve 
to the right of forty-one hundred feet radius, thirty- 
one hundred and fifty feet ; thence northeasterly, in 
a straight line, to the line of the state of New Hamp- 
shire, a little northerly of Col. Clement's house. 

The third route continues easterly on the Brad- Third route. 
ford bank of Merrimack river, and approaches the 
river at the Haverhill bridge by a curve of eight 
hundred feet radius ; thence across the river, on the 
westerly side of Haverhill bridge ; thence, by a gen- 
tle curve to the left, four hundred feet ; thence north- 
westerly, to a point in the road, opposite the Haver- 
hill academy, about eight hundred feet ; thence, by 
a gentle curve to the right, one thousand feet ; 
thence northerly, thirty-three hundred feet ; thence 
by a curve to the right of forty-five hundred feet 



108 AND. & WILM. R. ROAD. April 5, 1837. 

radius, one thousand feet ; thence nearly north, for- 
ty-six hundred feet ; thence, by a curve to the right 
of five thousand feet radius, eight hundred feet ; 
thence northeasterly, twenty-four hundred feet, to 
the line of the state of Nevi' Hampshire near Whita- 
ker's house. 

Powers and priv- Sec. 2. Said rail-road coruoration, in rclatioH to 
this as well as to all other parts of their road, shall 
have all the powers and privileges, and be subject 
to all the duties, restrictions and liabilities, set forth 
in the forty-fourth chapter of the Revised Statutes, 
and in that part of the thirty-ninth chapter of said 
statutes which relates to rail-road corporations. 

Increase of capi- Sec. 3. For the jjurpose of constructing said 

tal stock. , . ' '^ •11 

road, said corporation are hereby authorized and 
empowered, by a vote of the stockholders at a 
meeting specially notified for that purpose, to in- 
crease their capital stock, by the creation of an 
additional number of shares, to be assessed the same 
amount as the shares which are already created by 
their acts of incorporation : provided, that the addi- 
tional number of shares shall not exceed one thou- 
sand. 

Act void in case, Sec. 4. If the location of the road hereby grant- 
ed shall not be filed with the county commissioners 
for the county of Essex, previous to the first day of 
February, in the year eighteen hundred and thirty- 
nine, or if said corporation shall fail to complete 
said rail-road by the first day of December, in the 
year one thousand eight hundred and forty-one, in 
either case so much of this act as regards the road 
hereby granted shall be void. 

Other companies Sec. 5. Any rail-road company, which is or may 

allowed to enter , • , ■, , i • i • i 

with their roads, be incorporated, may be authorized to enter with 
their rail-road at any point of the road hereby 



E. BRIDGEWATER ACAD. April 5, 1837. 109 

granted, paying for the right to use the same or any 
part thereof, such a rate of toll as the Legislature 
may prescribe, and complying with such rules and 
regulations as may be established by this corpora- 
tion, by virtue of the fourth section of the first act 
to which this is in addition. 

Sec. 6. The Andoverand Wilmington Rail-road change of name. 
Corporation shall, from and after the passing of this 
act, be known and called by the name of the Ando- 
ver and Haverhill Rail-road Corporation. 

Sec. 7. This act shall take effect from and after when to take 

effect. 

its passage. 

[Approved by the Governor, April 5, 1837.] 



I 



CHAP. CXIV. 

An Act to incorporate the Proprietors of the East 
Bridgewater Academy. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, asfolloivs : 

Aaron Hobart, Welcome Young and Wallace Persons inrorpo- 
Rust, their associates and successors, are hereby 
raade a corporation, by the name of the Proprietors 
of the East Bridgewater Academy, to be established 
in the town of East Bridgewater, in the county of 
Plymouth ; with all the powers and privileges, and 
subject to all the duties, liabilities and restrictions, 
set forth in the forty-fourth chapter of the Revised 
Statutes ; with power to hold real and personal es- Estat*. 



no EIGHTH MASS. TURNPIKE. Aprill, 1837. 

tate not exceeding ten thousand dollars, to be devo- 
ted exclusively to purposes of education. 

[Approved by the Governor, April 5, 1837.] 



CHAP. CXV. 

An Act relating to the alteration of a part of the 
location of the Eighth Massachusetts Turnpike. 

J3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Committee ap- Sec. 1. William BHss, and Harvey Chapin of 

pointed to alter "^ ■* 

location of road. Springfield, and Theodore Strong of Southampton, 
are hereby appointed a committee upon the petition 
of the Eighth Massachusetts Turnpike Corporation, 
for liberty to alter the location of their road from a 
convenient point on said road, near the foot of 
Dickerson's Hill in Russell, thence on a line a little 
westerly of the present location to a point on said 
road, at or near the hill next easterly of Andrew 
Mallary's house in said Russell. And said commit- 
tee are hereby authorized and required to view said 
proposed alteration, and if by them deemed expedi- 
ent, to lay out the same, and assess all damages oc- 
casioned to individuals or corporations by such loca- 
tion, said damages, together with the expenses and 
compensation of said committee, to be paid by said 
turnpike corporation : provided, however, that be- 
fore proceeding to view or make said alteration, 
said committee shall give due notice to all parties 



EIGHTH MASS. TURNPIKE. April!, 1837. Ill 

interested, of the time and place at which thej will 
meet for the purposes aforesaid, that they may ap- 
pear before said committee, and be fully heard 
thereon. 

Sec. 2. Should said committee, after a full hear- Report of doings, 
ing of all parties in interest, make said proposed al- 
teration in said road, they shall make report of their 
doings, with their location of said alteration, to the 
county commissioners for the county of Hampden, 
at their meeting to be held next after such location 
shall have been made ; and if said commissioners, 
after a full hearing of all parties who may wish to 
be heard thereon, shall accept said report, they shall 
make a record of said location, and thereupon said 
road, as located by said committee, shall become a 
part of said Eighth Massachusetts Turnpike, under 
the same restrictions, liabilities and privileges as 
said turnpike is now subject : provided, however, 
that any person or corporation shall, on application 
to said county commissioners, be entitled to a jury 
for the reassessment of damages occasioned by said 
location, in the same manner as is now provided in 
case of roads laid out and established by county 
commissioners. 

[Approved by the Governor, April 7, 1837.] 



112 UNITA. M. H., GREENFIELD. April 7, 1837. 



CHAP. CXVI. 



An Act to incorporate the Proprietors of the Unita- 
rian Meeting-house, in the town of Greenfield. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Persons incorpo- Sec. 1. Jcromc Riplev, Afflbrose Ames and 

rated. , . "^ . 

Thaddeus Colman, their associates and successors, 
are hereby made a corporation, by the name of the 
Proprietors of the Unitarian Meeting-house, in 
Greenfield, in the county of Franklin ; with all the 
powers and privileges, and subject to all the duties, 
restrictions and liabilities, set forth in the forty- 
fourth chapter of the Revised Statutes, which re- 
lates to the proprietors of churches and meeting- 
houses. 
Estate. Sec. 2. The said corporation may hold real and 

personal estate to the amount of ten thousand dol- 
lars : provided, the same is exclusively appropriated 
to parochial purposes. 

[Approved by the Governor, April 7, 1837.] 



PROT. EPIS. CH., ANDOVER. April 7, 1837. 113 



CHAP. CXVII. 

An Act to incorporate the Proprietors of the Protes- 
tant Episcopal Church in Andover. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled^ and by the 
authority of the same, asfolloivs: 

Abraham Marland, Benjamin H. Punchard and Persons incorpo- 

' '' rated. 

John Derby, their associates and successors, are 
hereby made a corporation, by the name of the 
Proprietors of the Protestant Episcopal Church in 
Andover, with all the powers and privileges, and 
subject to the duties, restrictions and liabilities, set 
forth in the forty-fourth chapter of the Revised 
Statutes, and in that part of the twentieth chapter 
of said statutes which relates to the proprietors of 
churches or meeting-houses ; with power to hold Estate. 
real and personal estate to an amount including their 
buildings and land, under and appurtenant to the 
same, not exceeding in value the sum of twenty 
thousand dollars; provided, the income thereof be 
appropriated exclusively to parochial purposes. 

[Approved by the Governor, April 7, 1837.] 



15 



114 N. FALMOUTH FISH. CO. April 7, 1837. 



CHAP, cxvin. 

An Act to incorporate the North Falmouth Fishing 
Company. 

Be it enacted by the Senate and House of Rep- 
resentatives^ in General Court assembled, and by the 
authority of the same, as follows : 
Persons incorpo- Sec. 1. EbenezerNvc, Prince Nye and Benja- 

rated. • i i i 

min Nye, their associates and successors, are hereby 
made a corporation, by the name of the North Fal- 
mouth Fishing Company, in North Falmouth, and 
are empowered to regulate the brook running from 
Nye's pond, so called, to Cautomot harbor in said 
Falmouth, so far as is necessary for the purpose of 
an alewive fishery ; and for this purpose shall have 
all the powers and privileges, and be subject to all 
the duties, restrictions and liabilities, set forth in the 
forty-fourth chapter of the Revised Statutes. 
Forfeiture for Sec. 2. If any pcrson, without the permission of 

taking alewives • i n i i i i i 

without leave, the corporation, shall take, catch, or haul on shore, 
any alewives in said brook, or within one eighth of 
a mile in any direction from the mouth of said brook, 
he shall forfeit and pay for the use of said corpora- 
tion a sum not exceeding two dollars, if the quantity 
so taken be less than one barrel ; but if the quantity 
taken be more than one barrel, the person so offend- 
ing shall forfeit and pay for each barrel of hsh so 
taken, five dollars, to be recovered in any court 
proper to try the same. 

Damages. Sec. 3. If any damage shall be done by said 

corporation to the property of any individual not a 



BEMIS MANUF. CO. April 7, 1837. 115 

member of the corporation, such individual shall be 
entitled to reasonable damage, to be estimated in 
the same manner as damages occasioned by the 
laying out of highways. 

[Approved by the Governor, April 7, 1 837.] 



CHAP. CXIX. 

An Act to incorporate the Bemis Manufacturing 
Company. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Seth Bemis, Thomas Cordis and Thomas Persons incorpo- 

•r< 1 • /~i T I • • ^ rated. 

Frederic Cordis, their associates and successors, 
are hereby made a manufacturing corporation, by 
the name of the Bemis Company, for the purpose 
of manufacturing cotton and woollen goods, and 
grinding dye-woods, in the towns of Watertown and 
Newton, in the county of Middlesex ; and for this 
purpose shall have all the powers and privileges, and 
be subject to all the duties, restrictions and liabili- 
ties, set forth in the thirty-eighth and forty-fourth 
chapters of the Revised Statutes. 

Sec. 2. The said company may hold for the Estate. 
purposes aforesaid, real estate to the amount of fifty 
thousand dollars, and the whole capital stock of said 
company shall not exceed the amount of one hun- 
dred and fifty thousand dollars. 

[Approved by the Governor, April 7, 1837.] 



116 VALLEY MILLS. April 7, 1837. 



CHAP. CXX. 

An Act to incorporate the Valley Mills. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Persons incorpo- §£0. 1. Moses Smith, I. S. Smith and Jesse 

rated. . , , 

Bliss, their associates and successors, are hereby 
made a corporation, hy the name of the Valley 
Mills, for the purposes of manufacturing paper and 
books, and carrying on the business thereof, in the 
town of Hardwick, in the county of Worcester ; and 
for this purpose shall have all the powers and privi- 
leges, and be subject to all the duties, restrictions 
and liabilities, set forth in the thirty-eighth and forty- 
fourth chapters of the Revised Statutes. 
Estate. Sec. 2. The said corporation may hold for the 

purpose aforesaid, real estate to the amount of fifty 
thousand dollars, and the whole capital stock of said 
corporation shall not exceed the amount of one hun- 
dred thousand dollars. 

[Approved by the Governor, April 7, 1837.] 



WESSACUM. STEAM MILLS. April 7, 1837. 117 



CHAP. CXXL 

An Act to incorporate the Wessacumcon Steam 

Mills. 

JJE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled^ and by the 
authority of the same, as follows : 

Sec. \. Richard S. Spofford, Samuel T. D. J^^^^^^^^n^ incorpo- 
Ford and John Chickering, their associates and suc- 
cessors, are hereby made a corj)oration, by the name 
of the Wessacumcon Steam Mills, for the purpose 
of manufacturing cotton cloths in the town of New- 
buryport, in the county of Essex ; and for this pur- 
pose shall have all the powers and privileges, and 
be subject to all the duties, restrictions and liabili- 
ties, set forth in the thirty-eighth and forty-fourth 
chapters of the Revised Statutes. 

Sec. 2. The said corporation may hold for the Estate. 
purposes aforesaid, real estate to the amount of fifty 
thousand dollars, and the whole capital stock of said 
corporation shall not exceed the amount of two 
hundred thousand dollars. 

[Approved by the Governor, April 7, 1 837.] 



118 W. SUTTON LIT. INST. April 7, 1837. 



CHAP. CXXII. 

An Act to incorporate the West Sutton Literary 
Institute. 

XjE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Persons incorpo- Sec. 1. Charlcs H. Pcabodv, Samuel Waters 

raled. ^ -^ ' 

and G. A. Tourtellot, their associates and succes- 
sors, are hereby made a corporation, by the name 
of the West Sutton Literary Institute, for the pur- 
pose of promoting moral and mental culture, with 
all the powers and privileges, and subject to all the 
duties, liabilities and restrictions, set forth in the 
forty-fourth chapter of the Revised Statutes. 
Estate. Sec. 2. The said corporation may hold for the 

purposes aforesaid, real and personal estate to the 
amount of twenty thousand dollars. 

[Approved by the Governor, April 7, 1837.] 



SEC. PARISH, W. NEWBURY. April 7, 1837. 119 



CHAP. CXXHI. 

An Act to authorize the Second Parish in West 
Newbury, to sell their Parsonage Lands, and for 
other purposes. 

IjE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, asfolloivs : 

Sec. I. The Second Parish in West Newbury, Lands maybe 

I • 1 5°''' ^y auction. 

in the county oi ii,ssex, are hereby authorized to 
empower their treasurer to sell, by auction, their 
parsonage lands, situate in said West Newbury, con- 
sisting of about nine acres of pasture land, and from 
twelve to fifteen acres of wood land, and to make 
and execute a deed or deeds to the purchaser or 
purchasers thereof. 

Sec. 2. The proceeds of such sale shall, within Proceeds to be 

invested in real 

two years from the passage oi this act, be vested in estate. 
such real estate as they may think proper for a par- 
sonage ; and the said parish are hereby authorized 
to empower their treasurer to receive a deed or 
deeds of such real estate, in the name of said par- 
ish ; and the real estate so purchased shall be held 
by the same tenure, and for the same purposes, as 
the lands hereby authorized to be sold are now held. 

Sec. 3. This act shall take effect from and after when to take 

effect. 

Its passage. 

[Approved by the Governor, April 7, 1837.] 



120 EV. CONG. MEET. H., GRAF. April 7, 1837. 



CHAP. CXXIV. 

An Act to incorporate the Proprietors of the Evan- 
gelical Congregational Meeting-house in Grafton. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority oj the same, as follows : 

Persons incorpo- Sec. I. Albert JStonc, Philip King and Joseph 
Adams, their associates and successors, are hereby 
made a corporation, bj the name of the Proprietors 
of the Evangelical Congregational Meeting-house in 
Grafton, in the county of Worcester; with all the 
powders and privileges, and subject to all the duties, 
restrictions and liabilities, set forth in the forty- 
fourth chapter of the Revised Statutes, and in the 
twentieth chapter of the said Statutes, so far as the 
provisions of said chapter relate to the proprietors of 
meeting-houses. 

Estate. Sec. 2. The said corporation may have power 

to hold real and personal estate to an amount not 
exceeding ten thousand dollars : provided, the same 
be appropriated exclusively to parochial purposes. 

[Approved by the Governor, April 7, 1837.] 



CONG. PREC. IN ROCHES. &c. April!, ISSl. 121 



CHAP. CXXV. 

An Act concerning the powers and duties of the 
Congregational Precinct in Rochester, Middle- 
borough and Freetown. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The Congregational precinct in Rochester, Mid- P''ec'nct may 

Car ' hold property. 

dleborough and Freetown, may take and hold any 
property which may hereafter come into the posses- 
sion of said precinct by taxation or otherwise, and 
may manage the same in the same manner as other 
parishes in this Commonwealth are by law author- 
ized to do : provided, however, that this act shall 
not affect the property already in the hands of the 
trustees of said precinct, according to the provisions 
of the forty-first chapter of the Statutes of the year 
one thousand eight hundred and twenty-five. 

[Approved by the Governor, April 7, 1837.] 



16 



122 MINOT. MANUF. CO. Aprill, 1837. 



CHAP. CXXVI. 

An Act 10 incorporate the Minot Manufacturing 
Company. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

fa'ter' '°"°'^°" Sec. 1. Marshal S. Jones, Leonard Woods and 
Alvin Smith, their associates and successors, are 
hereby made a corporation, by the name of the Mi- 
not Manufacturing Company, for the purpose of 
manufacturing woollen goods in the town of Enfield, 
in the county of Hampshire ; and for this purpose 
shall have all the powers and privileges, and be sub- 
ject to all the duties, restrictions and liabilities, set 
forth in the thirty-eighth and forty-fourth chapters 
of the Revised Statutes. 

Estate. Sec. 2. The said corporation may hold for the 

purposes aforesaid, real estate to the amount of fif- 
teen thousand dollars, and the whole capital stock of 
said corporation shall not exceed the amount of sev- 
enty-five thousand dollars. 

[Approved by the Governor, April 7, 1837.] 



VVESTFIELD WHITE LEAD CO. Aprin,\SS7. 123 



CHAP. CXXVH. 

All Act to incorporate the Westfield White Lead 
Company. 

xJE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Sewall Dewey, William Dewey and Persons incorpo- 
Russell Shepard, their associates and successors, are 
hereby made a corporation, by the name of the 
" Westfield White Lead Company," for the purpose 
of manufacturing white lead in the town of Russell, 
in the county of Hampden ; and for this purpose 
shall have all the powers and privileges, and be sub- 
ject to all the duties, restrictions and liabilities, set 
forth in the thirty-eighth and forty-fourth chapters 
of the Revised Statutes. 

Sec. 2. The said corporation may hold for the Estate, 
purposes aforesaid, real estate to the amount of 
twenty thousand dollars, and the whole capital stock 
of said corporation shall not exceed the amount of 
fifty thousand dollars. 

[Approved by the Governor, April 12, 1837.] 



124 CENSUS RATABLE POLLS. April 12, 1837. 



sus. 



CHAP. CXXVIII. 



An Act to provide for taking a Census of Ratable 

Polls. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Census to be Sec. 1. A censijs of the ratable polls in the sev- 

taken in May _ ^ _ _ '■ 

next. QYnl cities and towns in this Commonwealth on the 

first day of May next, and on the first day of May 
in every tenth year thereafter, shall be taken and 
returned into the secretary's office, in the said month 
of May, in the manner hereinafter prescribed. 

Censors or asses- §£€. 2. The Said census shall be taken in the 

sors to take cen- 

several cities by censors appointed by the mayor and 
aldermen thereof respectively ; and in the several 
towns by the assessors thereof respectively. And 
such censors or assessors shall be sworn to take a 
true census of ratable polls, according to the provis- 
ions of the twelfth article of the amendments of 
the constitution, and of the seventh and fifteenth 
chapters of the Revised Statutes. And said censors 
or assessors shall make out in words at length a re- 
turn of the result of the said census, and shall sign 
the said return, and make oath that the same is true 
according to their best knowledge and belief; and 
a certificate of the said oath, under the hand of the 
magistrate administering the same, shall be annexed 
to the said return. And the said censors or asses- 
sors shall deliver the said return to the sheriff of the 
county, on or before the twentieth day of the May 



CENSUS RATABLE POLLS. April 12, 1837. 125 

in which said census is taken, who shall transmit 
the same to the office of the secretary of the Com- 
monwealth, on or before the last day of said month 
of May. Or the said censors or assessors shall 
themselves transmit the said return to the secreta- 
ry's office, on or before the day last aforesaid. 

Sec. 3, Any censor or assessor, who shall wil- Penalty for neg- 
fully refuse or neglect to perform any duty imposed perform duty. 
on him by this act, shall be liable to a penalty not 
exceeding five hundred dollars. And any sheriff, 
who shall wilfully refuse or neglect to perform the 
duty imposed on him by this act, shall be liable to a 
penalty not exceeding one thousand dollars. And 
any censor or assessor, who shall be guilty of wilful 
deceit or falsehood in the discharge of any duties 
enjoined by this act, shall be liable to a penalty not 
exceeding two thousand dollars, or to imprisonment 
for a term not exceeding one year. 

Sec. 4. As soon as may be after the passing of this secretary to 
act, the secretary shall transmit a printed copy of the IcTtTcLrkTof*''^ 
same to the clerks of the several cities and towns re- 
spectively, together with a printed copy of the said 
article of amendment, and a printed form of return, 
and shall annex to said form a notification that all 
returns must be made into his office on or before the 
last day of May next, and shall transmit a like form 
of return every tenth year thereafter. 

Sec. 5. This act shall take effect on the four- when to take 
teenth day after the approval of the same. 

[Approved by the Governor, April 12, 1837.] 



126 SURPLUS REVENUE. April 12, 1837. 



CHAP. CXXIX. 

An Act in further addition to " An Act concerning 
the deposite of the Surplus Revenue." 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Treasurer to re- Sec. 1. If, whcTc any towns havc bccn altered 

tain money where , i i • i ZTr i 

towns disagree, or constitutcd, as Contemplated in the tilth section 
of the act to which this is in addition, either of such 
towns shall disagree with the other as to the portion 
of said revenue due to each, then the treasurer and 
receiver-general shall retain and loan from the two 
first instalments of said reveuue the portion of such 
towns, subject to a division thereto by the next 
Legislature, any thing in said act to the contrary 
notwithstanding. 

Census. Sec. 2. The census of population, which is re- 

quired to be taken by the act to which this is in 
addition, shall be taken as it shall exist on the first 
day of May next. 

When this act to Sec. 3. This Rct shall bc in full force from and 

take effect. 

after its passage. 

[Approved by the Governor, April 12, 1837.] 



N. BEDFORD RURAL CEM. April 12, 1837. 127 



CHAP. CXXX. 

An Act to incorporate the Proprietors of the New 
Bedford Rural Cemetery. 

JdE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. John Perkins, Isaiah Bureess and Gideon Persons incorpo- 

° rated. 

Allen, then- associates and successors, are hereby 
made a corporation, by the name of the Proprietors 
of the New Bedford Rural Cemetery; and said 
corporation shall have all the powers and privileges, 
and be subject to all the duties, restrictions and lia- 
bilities, set forth in the forty-fourth chapter of the 
Revised Statutes. 

Sec. 2. The said corporation may take a deed Deed of gift. 
of gift or purchase in fee simple of a certain lot of 
land, situate in Dartmouth, near the dividing line 
between said Dartmouth and New Bedford, in the 
county of Bristol, and may hold the same ; and may 
also take and hold as aforesaid any other lands adja- 
cent thereto, in fee simple, not exceeding fifty acres 
in addition to said lot, for the purpose hereinafter 
provided ; and may also hold any personal estate, 
not exceeding in value ten thousand dollars, to be 
applied to the purposes connected with, and appro- 
priate to, the object of said establishment. 

Sec. 3. The said corporation shall take and hold May hold land 

^ for a cemetery. 

the land aforesaid as and for a rural cemetery or 
burying-ground, and for the erection of tombs, ceno- 
taphs, or other monuments, for or in memory of the 



128 N. BEDFORD RURAL CEM. April 12, 1837. 

dead ; and for this purpose may lay out the same in 
suitable lots or other sub-divisions, for family or 
other burying-places, and plant and embellish the 
same with shrubbery, flowers, trees, walks and 
other rural ornaments, and enclose and divide the 
same with proper walls and enclosures, and may 
make and annex thereto other suitable appendages, 
as the corporation shall from time to time deem 
expedient : and the said real estate shall be forever 
held by said corporation for such purposes, and for 
no other ; and said corporation may grant and con- 
vey, to any person or persons, the sole and exclusive 
right of burial, and of erecting tombs, cenotaphs, or 
other monuments in any such designated lots and 
sub-divisions; and any right so granted and conveyed 
shall be held for the purposes aforesaid, and for none 
other, as real estate, by the proprietor or proprietors 
thereof. 
Part of act reiat- Sec. 4. All the provisloHS Contained in the 

ing- to JM. Auburn , • i i i • i • r i r 

Cem. applicable scvcuth, eighth and nmth sections or the act or 
March thirty-first, in the year one thousand eight 
hundred and thirty-five, to incorporate the proprie- 
tors of the cemetery of Mount Auburn, in the county 
of Middlesex, shall apply to and have eflect as to 
the New Bedford rural cemetery in the county of 
Bristol. 

[Approved by the Governor, April 12, 1837.] 



SAVINGS INST. IN LOWELL. April 12, 1837. 129 



CHAP. CXXXI. 



An Act to establish the City Institution for Savings 
in Lowell. 

ijE 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. Aaron Mansnr, Jonathan Tyler and Persons incorpo- 

' - rated. 

Amos Spaulding, their associates and successors, are 
-hereby made a corporation, by the name of the City 
Institution for Savings to be established in the city 
of Lowell, with all the powers and privileges, and 
subject to all the duties, restrictions and liabilities, 
set forth in that part of the thirty-sixth chapter of the 
Revised Statutes which relates to savings banks. 

Sec. 2. This act shall take effect from and after Act when to ope- 
the first day of July next. 

[Approved by the Governor, April 12, 1837.] 



17 



130 HAMPSHIRE BANK. April 12, 1837. 



CHAP. CXXXH. 



An Act cuinulling for certain purposes the charter of 
the Hampshire Bank. 

He it enacted by the Senate and House of Rep- 
resentatives^ in General Court assembled, and by the 
authority of the same, as folluivs : 

Charter annulled. Sec. 1. The charter of the President, Directors 
and Company of the Hampshire Bank, so far as re- 
spects the power of loaning monies and issuing 
bills, shall be, and upon the petition of said corpo- 
ration, the same is hereby annulled, from and after 
the third Monday of April, in the year one thousand 
eight hundred and thirty-seven. 

BankTax. Sec. 2. The bank tax, which will become due 

from said bank in the month of April in the year 
one thousand eight hundred and thirty-seven, shall 
be paid to the treasurer of the Commonwealth, in 
the same manner as if this act had not been passetl ; 
and thenceforward said bank shall be discharged 
from all obligations to pay any bank tax to the 
State. 

Stockholders Sec. 3. The holdcrs of stock in said bank, shall 

liable. 

be liable in their individual capacities for the pay- 
ment and redemption of all bills, which may have 
been issued by said bank, and shall remain unpaid 
on the third Monday of April, in the year one thou- 
sand eight hundred and thirty-seven, in the same 
manner as if the period for which the charter was 
originally granted had expired. 



FRANKLIN MANUFAC. CO. Jpril 12, 1837. 131 

Sec. 4. The said bank shall be continued a body Bank continued 

•' body corporate. 

corporate, for the term of three years, from the third 
Monday of April in the year one thousand eight 
hundred and thirty-seven, for the purpose of prose- 
cuting and defending suits and of enabling said bank 
gradually to settle and close its concerns, dispose of 
and convey its property, and divide its capital stock. 

Sec. 5. This act shall go into operation from Act when to take 

effect. 

and after the approval thereof. 

[Approved by the Governor, April 12, 1837.] 



CHAP. CXXXIII. 

An Act to incorporate the Franklin Manufacturing 
Company. 

Jt>E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Solomon Keed, Joseph Burton and Sol- Persons incorpo- 
omou Ammidon, Jr., their associates and successors, 
are hereby made a corporation, by the name of the 
Franklin Manufacturing Company, for the purpose 
of manufacturing cotton and woollen goods in the 
town of Rowe, in the county of Franklin ; and for 
this purpose shall have all the powers and privileges, 
and be subject to all the duties, restrictions and lia- 
bilities, set forth in the thirty-eighth and forty-fourth 
chapters of the Revised Statutes. 

Sec. 2. The said corporation may hold for the ^stats. 
purposes aforesaid, real estate to the amount of 
fifteen thousand dollars, and the whole capital stock 



132 MIDDLEB. & TAUNT. PREC. April 12, 1837. 

of said corporation shall not exceed the amount of 
forty thousand dollars. 

[Approved by the Governor, April 12, 1837.] 



CHAP. CXXXIV. 



An Act to authorize the Middleborough and Taunton 
Precinct to sell their lands. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
May sell lands. The Middleborough and Taunton Precinct is here- 
by authorized to sell, by public auction, and convey, 
(in such manner as said precinct shall think best,) 
any or all the parsonage lands belonging to said pre- 
cinct, the proceeds thereof to be invested in such 
manner as the precinct shall direct, the annual in- 
come of such proceeds to be applied forever to the 
parochial purposes of said precinct. 

[Approved by the Governor, April 12, 1837.] 



FISHERY IN DENNIS. April 12, 1837. 133 



CHAP. CXXXV. 



An Act to further regulate the Fishery in Dennis. 

He it enacted by the Senate and House of Rep- 
resentatives^ in General Court assembled^ and by the 
authority of the same, asfolloivs : 

Sec. 1. The Committee, chosen bv the inhabi- Commiuee to ap- 

' " •^ u Ji point persons to 

tants of the town of Dennis, at their annual meeting, •^^^fi^'^- 
to regulate the fishery in said town, shall, in addi- 
tion to their duties now by law prescribed, appoint 
all such suitable persons as make application, being 
inhabitants of said Dennis, to catch alewives in said 
town, and fix the compensation to be paid therefor. 

Sec. 2. The inhabitants of said town, at their inhabitants to 
annual meeting, shall determine the quantity of said tity!™d"fixjrk^'. 
fish each family in said town shall receive, and es- 
tablish the price they shall pay therefor. 

[Approved by the Governor, April 12, 1837.] 



134 SOUTH READING ACAD. April 12, 1837. 



CHAP. CXXXVI. 

An Act to authorize the Proprietors of South Read- 
ing Academy to sell and convey real estate. 

B E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Treasurer may Lillcy EatoH, trcasurcr of the proprietors of the 

sell land at auc- iimt i "ii' j 

lion. land and building recently occupied and improved 

by the " Trustees of South Reading Academy," or 
his successor in said office, is hereby authorized to 
sell at public auction the said land and building, 
give valid deeds of conveyance, in behalf of the pro- 
prietors aforesaid, to the purchasers thereof, and 
divide the proceeds of such sales among the several 
proprietors of the property aforesaid, according to 
their respective interest therein. 

[Approved by the Governor, April 12, 1837.] 



S. BOST. STEAM MILL CO. April 12, 1837. 135 



CHAP. CXXXVII. 

An Act in addition to an Act establishing the 
Granite Bank in Boston. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

That so much of the fourth section of the act Pan of act re- 
pealed. 

passed March sixth, one thousand eight hundred and 
thirtj-tvvo, as locates the Granite Bank on Commer- 
cial street, as near the head of Exchange wharf, so 
called, as conveniently may be, be and the same is 
hereby so far repealed, that said bank may be located 
in any place in the city of Boston. 

[Approved by the Governor, April 12, 1837.] 



CHAP. CXXXVIII. 

An Act to incorporate the South Boston Steam 
Mill Company. 

oE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Ebenezer Stevens, Josiah Dunham and Persons incorpo- 

rated. 

James Reed, their associates and successors, are 
hereby made a manufacturing corporation, by the 



136 VERB ANTIQUE MARB. CO. April 12, 1837. 

name of the South Boston Steam Mill Company, 
for the purpose of sawing and manufacturing ma- 
hogany and other kinds of wood, in South Boston, 
in the county of Suffolk. ; and for this purpose shall 
have all the powers and privileges, and be subject to 
all the duties, restrictions and liabilities, set forth in 
the thirty-eighth and forty-fourth chapters of the 
Revised Statutes. 
Estate. Sec. 2. The said corporation may hold for the 

purpose aforesaid, real estate to the amount of 
fifty thousand dollars, and personal estate to the 
amount of one hundred thousand dollars. 

[Approved by the Governor, April 12, 1837.] 



CHAP. CXXXIX. 

An Act to incorporate the Verd Antique Marble 
Company. 

JjE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Persons incorpo- Sec. 1. Thomas Pratt, Joshua Plewes and James 
C. Nichols, their associates and successors, are here- 
by made a corporation, by the name of the Verd 
Antique Marble Company, for the purpose of quar- 
rying and manufacturing marble in the town of 
Lynnfield, in the county of Essex ; and for these 
purposes shall have all the powers and privileges, 
and be subject to all the duties, restrictions and lia- 
bilities, set forth in the thirty-eighth and forty-fourth 
chapters of the Revised Statutes. 



BOSTON & PORTS. S. B. CO. April 12, 1SS7. 137 

Sec. 2. The said corporation may hold for the Estate. 
purposes aforesaid, real estate to the amount of 
fifty thousand dollars, and the whole capital stock 
of said corporation shall not exceed one hundred 
thousand dollars. 

[Approved by the Governor, April 12, 1837.] 



CHAP. CXL. 

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

UE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Isaac W. Goodrich, Thomas Howes Persons incorpo- 

rated. 

and John Welch, their associates and successors, are 
hereby made a corporation, by the name of the 
Boston and Portsmouth Steam Boat Company, for 
the purpose of running one or more steam boats, for 
the convenience of the public travel, and the trans- 
portation of merchandize, between Boston and 
Portsmouth and the intervening places ; and for this 
purpose shall have all the powers and privileges, 
and be subject to all the duties, restrictions and li- 
abilities, set forth in the thirty-eighth and forty-fourth 
chapters of the Revised Statutes. 

Sec. 2. Said company may for the purposes Estate. 
above mentioned, purchase, hold and convey, real 
estate to the value of twenty-five thousand dollars, 
and personal estate, not exceeding the value of sev- 
enty-five thousand dollars. 
18 



138 PROBATE COURT WORC. April 12, 1837. 

Capital stock. gj,^ 3_ Thc Capital stock of said company shall 

be divided into shares of one hundred dollars each. 

[Approved by the Governor, April 12, 1837.] 



CHAP. CXLl. 

An Act to establish the Terms of the Court of Pro- 
bate in the County of Worcester. 

Jl>E it enacted by the Senate and House of Rep- 
resentatives^ in General Court assembled, and by the 
authority of the same, as follows : 
Times and places Sec. 1. A Court of Probate shall be held in the 

for holding court. 

county of Worcester, at the following times and 
places in each year : at Worcester, on the first 
Tuesdays of every month ; at Brookfield, on the sec- 
ond Tuesdays of May and October ; at Lancaster, 
on the third Tuesdays in May and October ; at 
Fitchburg, on the Wednesdays next after the third 
Tuesdays in May and October ; at Templeton, on 
the Thursdays next after the third Tuesdays in May 
and October; at Barre, on the Fridays next after 
the third Tuesdays in May and October ; at Men- 
don, on the fourth Tuesday in May ; at Uxbridge, 
on the fourth Tuesday in October. And so much 
of the fifty-fifth section of the eighty-third chapter 
of the Revised Statutes as relates to the holding of 
courts of probate in the county of Worcester, is 
hereby repealed. 
Act when to take Sec. 2. This act shall take effect from and after 
the first day of July next. 



effect. 



[Approved by the Governor, April 12, 1837.] 



BOAT MEADOW RIVER CO. April 12, 1837. 139 



CHAP. CXI.Il. 

An Act to incorporate the Boat Meadow River 
Company. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Winslovv L. Knowles, Joshua P. At- Persons incorpo- 

1 • • 1 rated. 

wood and Ira Majo, their associates and succes- 
sors, are hereby made a corporation, by the name 
of the Boat Meadow River Company, with all the 
powers and privileges, and subject to all the duties? 
restrictions and liabilities, set forth in the forty- 
fourth chapter of the Revised Statutes. 

Sec. 2. Said corporation may purchase and hold Estate b East 
in fee simple or otherwise, all or any part of the real 
estate, with the privileges and appurtenances there- 
to belonging, lying in Eastham in the county of 
Barnstable, bounded and described as follows, to 
wit : beginning at a stone by the north side of Boundaries, 
the road in John Doane's range near high water 
mark ; thence northwesterly thirty-three rods to a 
stake and stone ; thence northwest by west across 
said river to a stake and stone, five rods west of 
said river ; thence west over the sedge ground to a 
point, eighty rods to the westward of the sedge 
ground ; thence south by west forty rods ; thence 
easterly to the cart-way, on the south of said river ; 
thence easterly by the north side of said cart-way, to 
ihe entrance of the main road ; thence northerly to 



140 BERKSHIRE MED. INST. April 12, 1837. 

the first mentioned bound ; and the said corporation 
maj within the limits aforesaid, straighten, widen and 
deepen said river, and may erect a dam across the 
same, on the northerly part of the premises afore- 
said, with a gate or gates and a sluice-way, and 
stop the water above the dam at high tide, and let 
it off at low tides ; and may build wharves, docks 
and stores, and receive dockage and wharfage, for 
vessels laid at their wharves and docks ; and make 
conveyances of their corporate property, lease, man- 
age or improve the same as they shall deem expe- 
dient. 

Division of capi- Sec. 3. Said corporation may divide their capi- 
tal stock into i j «■ 

shares. tal stock iuto any number of shares not exceeding 

two hundred, subject to assessment not exceeding 
fifty dollars in the whole on each share. 

[Approved by the Governor, April 12, 1837.] 



CHAP. CXLIII. 

An Act in addition to an Act to incorporate the 
Berkshire Medical Institution. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Medical degrees. Sec. 1. All uicdical dcgrccs Conferred upon the 
students in the Berkshire Medical Institution, may 
be conferred by the president, trustees and faculty, 
under the same rules and restrictions as are adopted 
and recognized in conferring degrees of the same 
nature by Harvard College. 



BERKSHIRE MED. INST. April 12, 1837. HI 

Sec. 2. Any person who shall be graduated a Privileges of 

, • !•• • iT->ii- i»/iTir • graduates. 

doctor in medjcine, in the Berkshire Medical Insti- 
tution, shall be entitled to all the rights, privileges 
and immunities granted to the medical graduates of 
Harvard College. 

Sec. 3. There shall be a board of overseers of b°^'''1 of over- 
seers. 

the said Berkshire Medical Institution, which shall 
consist of the trustees of the said institution, the 
president and secretaries of the Massachusetts Med- 
ical Society, the senators of the Commonwealth 
from the four western districts thereof, for the time 
being, ex-officio ; and the following persons, and 
their successors, to be chosen as hereinafter provided, 
to wit : Edward A. Newton, Julius Rockwell and 
Robert Campbell of Pittsfield, Charles Sedgwick 
and George 1. Tucker of Lenox, Henry L. Sabin 
of Williamstown, Asa G. Welch of Lee, James C. 
Alvord of Greenfield, Thomas Longley of Hawlej, 
Solomon Reed of Rowe, Elisha Leffingwell of 
Montague, Joseph H. Flint and Elisha Mather of 
Northampton, Elisha Edwards of Southampton, 
Gardiner Dorrance of Amherst, George Ashmun of 
Springfield, and William G. Bates of Westfield ; 
which board shall meet each year at the annual 
commencement of said institution, and at such other 
times, and upon such notice, as they may prescribe ; 
and ten members of said board shall constitute a 
quorum. 

Sec. 4. The said board of overseers shall have Power of said 
the same power and authority in relation to said 
institution, as belong to the overseers of Harvard 
College in relation to the said college ; and any 
vacancy that may occur therein, by the death or 
resignation of members not designated by their 
office, shall be filled at any legal meeting thereof. 



142 NORTHAMPTON BANK. April 12, 1837. 

by the board : provided, that in such election the 
trustees of said institution shall not be entitled to 
vote. 
Actmayibe ai- Sec. 5. The Legislature shall have the povi'er, 

tered. . , i ^i • ^ 

at any time, to alter or re[)eai this act. 
Former act re- Sec. 6. Au act iu addition to "an act regulating 

pealed. 

the practice of physic and surgery," approved by 
the governor on the twenty-first day of February, 
in the year one thousand eight hundred and twenty- 
four, is hereby repealed. 

[Approved by the Governor, April 12, 1837.] 



CHAP. CXLIV. 

An Act to increase the Capital Stock of the North- 
ampton Bank. 

J3E it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Capital stock Sec. 1. The President, Directors and Company 

of the Northampton Bank, are hereby authorized to 
increase their present capital stock by an addition 
thereto of one hundred thousand dollars, in shares 
of one hundred dollars each, which shall be paid in 
. such instalments as the president and directors of 
said bank may direct and determine : provided, that 
the whole amount shall be paid in on or before the 
first Monday of October next. 

Tax. Sec. 2. The additional stock aforesaid shall be 

subject to the like tax, regulations, restrictions and 



GOULD. P. B. ROPE MAN. CO. April 12,1837. 143 

provisions, to which the present capital stock of said 

corporation is now subject. 

Sec. 3. Before said corporation shall proceed to Certificate. 

do business upon said additional capital, a certificate, 

signed by the president and directors, and attested 

by the cashier, that the same has been actually paid 

into said bank, shall be returned into the office of 

the secretary of the Commonwealth. 

Sec. 4. This act shall take effect from and after when to take ef- 
fect. 
Its passage. 

[Approved by the Governor, April 12, 1837.] 



CHAP. CXLV. 

An Act to incorporate the Goulding Patent Bale 
Rope Manufacturing Company. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Isaac Thayer, John Goulding, Daniel persons incorpo- 
Perkins, their associates and successors, are hereby 
made a corporation, by the name of the Goulding 
Patent Bale Rope Manufacturing Company, for the 
purpose of manufacturing bale rope, in the towns of 
Roxbury and Brookline, in the county of Norfolk ; 
and for this purpose shall have all the powers and 
privileges, and be subject to all the duties, restric- 
tions and liabilities, set forth in the thirty-eighth 
and forty-fourth chapters of the Revised Statutes. 

Sec. 2. The said corporation may hold for the 



144 COMMIS. OF BERKSHIRE. April 12, 1837. 

purpose aforesaid, real estate to the amount of fif- 
teen thousand dollars, and the whole capital stock 
of said corporation shall not exceed fiftj thousand 
dollars. 

[Approved by the Governor, April 12, 1837.] 



CHAP. CXLVI. 

An Act relating tothe Meetings of the County Com- 
missioners in the County of Berkshire. 

J3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled^ and by the 
authority of the same, as follows : 
Timeof holding gg^^ j^ There shall be a meeting of the county 

meetings. ~ J 

commissioners in the county of Berkshire, at Lenox, 
on the first Tuesdays of April and September. 
Repeal. gg^. 2. So much of the sixth section of the 

eighty-fourth chapter of the Revised Statutes as re- 
lates to the county of Berkshire, is hereby repealed. 

[Approved by the Governor, April 12, 1837.] 



COM. SCHOOL LIBRARIES. April 12, 1837. 145 



CHAP. CXLVH. 

An Act authorizing School Districts to establish Li- 
braries for the use of Common Schools. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Each legally constituted school district Districts author- 
in this Commonwealth, is hereby authorized to raise money (or libra- 
money for the purpose of establishing and maintain- 
ing a common school library and apparatus for the 
use of the children therein, under such rules and 
regulations as said district may adopt : provided, 
that no greater sum than thirty dollars the first year, 
or ten dollars in any subsequent jear, shall be ex- 
pended for the purpose aforesaid. 

Sec. 2. Any sum of money, raised by virtue of How assessed 

I • • ^\ ^ r \ i ii i and collected. 

this act at a meetmg called tor the purpose, shall be 
assessed, collected and paid over as other school dis- 
trict taxes are. 

[Approved by the Governor, April 12, 1837.] 



19 



146 NORTON MANUFAC. CO. April 12, 1837- 



CHAP. CXLVIII. 

An Act concerning the rate of Toll on the Chester 
Turnpike. 

JBe it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Toll for wagons The Chester Turnpike Corporation are hereby 
drawn by one empowcrcd 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 gate. 

[Approved by the Governor, April 12, 1837.] 



CHAP. CXLIX. 

An Act to incorporate the Norton Manufacturing 
Company. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, qs follows : 

Sec. 1. Samuel Crocker, Charles Richmond 
Persons incorpo- and Albert Barrows, their associates and successors, 

rated. r - • t 

are hereby made a manufacturing corporation, by 
the name of the Norton Manufacturing Company, 
for the purpose of manufacturing cotton goods, in 
the town of Norton, in the county of Bristol ; and 
for this purpose shall have all the powers and privi- 



CONWAY MILLS. April 12, 1837. 147 

leges, and be subject to all the duties, restrictions 
and liabilities, set forth in the thirty-eighth and for- 
ty-fourth chapters of the Revised Statutes. 

Sec. 2. The said corporation may hold for the Estate, 
purpose aforesaid, real estate to the amount of fifty 
thousand dollars, and the whole capital stock of 
said corporation shall not exceed one hundred thou- 
sand dollars. 

[Approved by the Governor, April 12, 1837.] 



CHAP. CL. 

An Act to incorporate the Conway Mills. 

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. Asa Howland, George Rogers, Eliphaz Persons incorpo- 
Morse, their associates and successors, are hereby "^ 
made a corporation, by the name of the Conway 
Mills, for the purpose of manufacturing cotton goods 
and machinery in the town of Conway, in the county 
of Franklin ; and for these purposes shall have all 
the powers and privileges, and be subject to all the 
duties, restrictions and liabilities, set forth in the 
thirty-eighth and forty-fourth chapters of the Re- 
vised Statutes. 

Sec. 2. The said corporation may hold for the Estate. 
purposes aforesaid, real estate to the amount of 
twenty thousand dollars, and the whole capital stock 
of said corporation shall not exceed seventy thousand 
dollars. 

[Approved by the Governor, April 12, 1837.] 



148 



EASTERN R. ROAD CO. 



April 12, 1837. 



CHAP. CLL 

An Act concerning County Commissioners. 

Jt>E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Vacancy. In casB of any vacancy in the board of county 

commissioners of any county, occasioned by death, 
resignation or otherwise, one or both of the special 
commissioners shall be notified and act in the board, 
agreeably to the provisions of the twenty-sixth 
section of the fourteenth chapter of the Revised 
Statutes. 

[Approved by the Governor, April 12, 1837.] 



CHAP. CLII. 



Company may 
alter line. 



An Act in addition to "An Act to establish the 
Eastern Rail-road Company." 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The Eastern Rail-road Company is here- 
by authorized to alter the line of said road, as 
described in the act to which this act is in addition, 
by striking out all that part of the description of 



EASTERN R. ROAD CO. April 12, 1837. 149 

said line between a point situate southerly of " Cas- 
tle Hill," so called, in Salem, to a point near the 
southerly bank of an arm of Bass river, in Beverly, 
and substituting therefor the following line, viz : 
Beginning at a point eight hundred feet from the 
easterly end of the line described in the act to which 
this is in addition, as running " north thirty-four 
degrees east about fifty-six hundred and eighty-nine 
feet to a point at or near Castle Hill, so called." 
The new line is to be as follows: thence north- Boundary of new 

line. 

easterly about one thousand feet by a curve of twen- 
ty-eight hundred and sixty-five feet radius to the 
edge of the City Mill-Pond ; thence north thirteen 
degrees east, about twenty-seven hundred and fifty 
feet to a point, fourteen feet from the southwesterly 
corner of the City Mill building, and bearing there- 
from north eighty-seven degrees west ; thence 
northerly about six hundred feet by a reversed curve 
of fourteen hundred and thirty-two feet radius to a 
point in Washington street, forty feet from the 
northeast corner of a house owned by Charles Law- 
rence, bearing there-from north seventy-eight degrees 
east ; thence north two degrees east, about twelve 
hundred feet through Washington and Court streets 
to point in Court street, thirty-nine feet from the 
northeast corner of house occupied by Loammi 
Coburn, and owned by city of Salem, bearing there- 
from north seventy-two and a half degrees east ; 
thence northeasterly about twelve hundred feet by 
a reversed curve of about one thousand and fourteen 
hundred and thirty-two feet radii, to a point on the 
flats of the right bank of North river ; thence about 
north thirty degrees east, three thousand feet, run- 
ning westerly of Bridge street ; thence northeasterly 
by a curve of three thousand feet radius, about five 



160 EASTERN R. ROAD CO, April 12, 1837. 

Boundaryofnew hundred and fifty feet, to a point near the right bank 
of North river, opposite the town of Beverly; thence 
about north twenty-three degrees east, four thousand 
one hundred feet, crossing the North river westerly 
of Beverly bridge ; thence northeasterly by a curve 
of fifty-seven hundred and thirty feet radius, about 
seventeen hundred feet, to a point in the line de- 
scribed in the act to which this is in addition, as 
running " north eight degrees east about eleven 
thousand two hundred and thirty -four feet to a point 
near the house of I. Sheldon," where the said last 
mentioned line intersects the southerly bank of an 
arm of Bass river. And said company are hereby 
authorized to construct their rail-road on or near the 

Conditions to be jjne §0 Substituted : provided, however, that in mak- 

observed by the -* 

company. jng said alteration, the following conditions shall be 

observed by said company: Forrester street, in the 
city of Salem, shall not be lowered more than eigh- 
teen inches below its present grade or height. If, 
in the construction of the rail-road, it shall be found 
necessary to remove the city hay-scales, in Forres- 
ter street, said scales shall be re-built at the expense 
of the rail-road corporation, in a place and in a 
manner satisfactory to the city government. If, in 
the construction of the rail-road, the public cisterns 
shall be destroyed, new ones shall be built at the 
expense of said corporation, in the nearest con- 
venient place or places, under the direction of the 
proper city authorities, and to the satisfaction of the 
city government ; and if any drains or sewers shall 
be destroyed, other convenient drains or sewers 
shall be laid by said corporation. No part of Essex 
street shall be raised more than two feet and one 
half above its present grade, and no part of Norman 
street shall be lowered more than five feet ; and all 



EASTERN R. ROAD CO. April 12, 1837. 161 

the streets which shall be dug up, excavated or conditions to be 

1 1 • • • 1 • I 1 . . I , observed by the 

altered m constructing said rail-road, shall be put company. 
into good order, and graded, fenced, guarded, and 
furnished with gates in the best and most convenient 
manner by said corporation, under the direction of 
the city government, and to their satisfaction. The 
openings in Court street shall not exceed four in 
number, eight feet in width, ten feet in length ; 
they shall be surrounded by iron railings, to the 
satisfaction of the city government, and lamps shall 
be provided and always lighted at night, at each 
opening, at the expense of said corporation, under 
the direction of the proper city authorities, and to 
their satisfaction. If, as is now proposed, the south 
entrance of the tunnel shall be only five feet from 
the north end of Caleb Webster's shop, then a cav- 
ering shall be provided for a distance of twenty-five 
feet, from that end of the tunnel in Washington 
street, and a covering shall be provided for said rail- 
road, for a distance of at least thirty feet from Essex 
street. The store belonging to John Daland, the 
Henfield house, the house of Jonathan Haradan, and 
the buildings called the Marston stores, shall be 
removed by said corporation, and all the lands under 
and adjoining, and belonging to said buildings, shall 
be kept open and unenclosed for the widening of 
Washington street, except such part thereof as shall 
be actually taken and used by said corporation for 
their road. The cuts at each end of the tunnel 
shall be secured by an iron railing or fence, to be 
erected by said corporation to the satisfaction of the 
city government. And said company is hereby au- Mayconstmct 

,•11 1 1 • J 1 1 road through 

thonzed to lay out and construct their road through Saiem,soasto 

o. 1 r I'll I • comply with 

the city of Salem, of such width and in such man- conditions. 
ner as to enable them to comply with all the fore- 



152 EASTERN R. ROAD CO. April 12, 1837. 

going conditions. And said company shall not be 
required to construct a draw across Salem South 
river, but said corporation shall be required to con- 
struct a passage-way under their rail-road, in Salem 
South river, of at least eighteen feet in width, for 
the passing and repassing of rafts, boats and other 
craft. And said company are hereby required to 
file a location of the line of said road, between the 
South river in the city of Salem, and the New 
Hampshire line, within two years from the passage 
of this act. 

Time extended. ^ec. 2. For the purpose of coustructing said 
rail-road from the south river in the city of Salem 
to the town of Newburyport, an extension of time 
of five years from the first day of September, in the 
year one thousand eight hundred and forty, is here- 

Proviso. by granted to said company : provided, however, that 

if a rail-road shall be constructed from Portsmouth 
in New Hampshire, to the boundary line between 
New Hampshire and this Commonwealth, so as to 
meet the line of the rail-road of said Eastern Rail- 
road Company, the said company shall be required 
to construct their rail-road to the extent provided in 
the first section of the act to which this is in addition, 
within one year from the time when such road from 
Portsmouth shall have been constructed. 

Subscription for Sec. 3. The president and directors of the said 

shares. ' 

Eastern Rail-road Company, are hereby authorized 
to permit the East Boston Company, by its presi- 
dent, to subscribe for, purchase and hold such a num- 
ber of shares as a majority of the directors of said 
East Boston Company, shall think prudent and ex- 
pedient, in the capital stock of the said Eastern Rail- 
road Company, and the said East Boston Company 
is hereby authorized to subscribe^ purchase, pay for 



CHOATE'S BRIDGE. April 13, 1837. 153 

and hold the same, whenever a majority, in interest, 

of the stockholders in the last named company shall 

consent thereto. 

Sec. 4. So much of the act, to which this is in Pan of act re- 
pealed. 

addition, as authorizes the said Eastern Rail-road 
Company, to locate a part of their road over the 
North River easterly of Beverly bridge, be and the 
same is hereby repealed. 

Sec. 5. This act shall take effect from and after when to take 

eflfect. 

Its passage. 

[Approved by the Governor, April 12, 1837.] 



CHAP. CLIII. 

An Act in addition to " An Act to authorize the wid- 
ening of Choate's Bridge over Ipswich River in 
the county of Essex." 

JdE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The county commissioners for the county of Es- poTeTsTn wfden- 
sex, in widening said bridge, shall have and exer- '°s''"'*se- 
cise all the powers conferred upon county commis- 
sioners by the twenty-fourth chapter of the Revised 
Statutes, except that one half at least of the expense 
of making said widening, and such further sum, if 
any, as said commissioners for said county shall deem 
proper, shall be paid out of the treasury of said 
county, any thing in said act to which this is in ad- 
dition to the contrary notwithstanding. 

[Approved by the Governor, April 13, 1837.] 
20 



154 GRANITE BRIDGE CORP. April 13, 1837. 



CHAP. CLIV. 

An Act to establish the Granite Bridge Corpo- 
ration. 

JjE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Persons incorpo- Sec. 1. Edward Glovcr, Thomas Taylor and 

rated. , , , ' -^ 

Lewis Pierce, their associates and successors, are 
hereby made a corporation, hy the name of "The 
Proprietors of the Granite Bridge ;" with all the 
powers and privileges, and subject to the liabilities, 
contained in the fortj-fourth chapter of the Revised 
Statutes. 

May construct a Sec. 2. Said Corporation is hereby authorized to 
locate, build and construct, or to cause to be built 
and constructed, a road, beginning at a point on the 
old county road at or near the store of I. Babcock, 
Jr. in the town of Milton, in the county of Norfolk ; 
thence running north ten and three quarters degrees 
west, about two hundred and seventy-two rods ; 
thence turning and running north nineteen degrees 
west, about fifty-six rods ; thence turning and run- 
ning north twenty-five and a half degrees west, 
about one hundred and twenty-eight rods, to the 

May construct NcDonsct rivcr ! and to locate, build and construct 

bridge. * , 

a bridge across said river, in continuation of said last 
mentioned line of said road to Dorchester, in said 
county of Norfolk ; and thence to continue said road 
running north eight and three quarters degrees west, 
about one hundred and eight rods to the lower road 



GRANITE BRIDGE CORP. April 13, 1837. 155 

in Dorchester, so called, on or near the land of Rev. 
Ephraim Randall: said bridge to be built and con- Bridge to have a 
structed with a good and sufficient draw, of thirty- 
one feet in width ; said draw to be located by com- 
missioners, to be appointed by the governor, with 
advice of council, at the expense of said corporation ; 
and shall erect a wharf or pier near said draw, on 
each side of said bridge, for the accommodation of 
vessels passing through the same ; said draw and 
said wharves to be planked upon the inside, from 
the top of low water to the top of said draw and 
wharves ; said wharves to be at the southerly end 
of said bridge, and to extend seventy-five feet in 
length on each side of said draw in a straight line 
with the southerly side of said draw ; and said 
bridge, together with the wharves and piers, shall 
be built of good and sufficient materials ; the bridge 
not to be less than thirty feet in width. 

Sec. 3. That said corporation shall be held liable Corporation to 
to keep said bridge and draw in good repair, and to repair, &r'" 
raise the draw, and afford all necessary and proper 
accommodation to vessels having occasion to pass 
the same, by day or by night ; and shall keep a suf- 
ficient light for vessels at said draw; and if any 
vessel shall be unreasonably delayed or hindered in 
passing said draw, by the negligence of said corpo- 
ration or their agents in discharging the duties en- 
joined by this act, the owners or commanders of such 
vessels may receive reasonable damages therefor, of 
said corporation, in an action on the case, before any 
court proper to try the same ; and on one side of 
said bridge there shall be an inside railing, five feet 
distant from the outside railing, for the safety of 
passengers. 

Sec. 4. The said corporation may lay out their 



156 



GRANITE BRIDGE CORP. April 13, 1837. 



Condilions in 
laying out road. 



May take toll. 



Rales of toll. 



When bridge 
shall revert to 
Commonwealth. 



road on the upland not less than three, and not more 
than four rods wide, and on the marsh not less than 
five, and not more than six rods wide, and may pur- 
chase or take land and gravel for the construction 
thereof, in the same way and manner as rail-road 
corporations are allowed to do, by the thirty-ninth 
chapter of the Revised Statutes; and said corpora- 
tion shall be holden to pay for all damages to any 
and all real estate which shall be taken for the use 
of said road or bridge, which damages shall be esti- 
mated and assessed as is provided in the twenty- 
fourth chapter of the Revised Statutes, on high- 
ways. 

Sec. 5. That for the purpose of reimbursing the 
said proprietors for the money expended and to be 
expende^d in building and supporting said road and 
bridge, a toll be and hereby is granted for the sole 
benefit of said proprietors, according to the rates 
following : for each person and horse, three cents ; 
for each horse and cart, or wagon, four cents; for 
each team drawn by more than one beast, five cents ; 
for each horse and chaise, or sulkey, six cents; for 
each horse and sleigh, four cents ; for each coach, 
chariot, phaeton or curricle, ten cents ; for each man 
and wheelbarrow, one cent ; for each horse and neat 
cattle, exclusive of those in teams, or rode on, one 
cent : the said toll to commence from the time when 
said road and bridge shall be open for travel, and to 
be demanded only for passing over said bridge ; and 
when said proprietors shall be reimbursed the mo- 
ney by them expended in and about the building said 
road and bridge, and other necessary expenses, with 
six per cent, annual interest thereon, which expenses 
shall not include the compensation of any officer of 
the corporation, except the treasurer, then the said 



GRANITE BRIDGE CORP. April 13, 1837. 157 

bridge shall revert to and become the property of 
the Commonwealth, and shall be surrendered by 
said proprietors, in good repair, and the obligations 
herein imposed on said corporation shall then cease. 

Sec. 6. The stock of said corporation, shall be shares. 
divided into three hundred shares ; and no assess- 
ments shall be laid on said shares over and above 
the sum of fifty dollars on each share. 

Sec. 7. It shall be the duty of said proprietors when to exhibit 
as soon as said road and bridge are completed, to bridge. 
make to the Governor and Council an exhibit of the 
cost of the same, which shall not exceed the sum of 
fifteen thousand dollars ; and on the second Monday 
of January, annually, to exhibit as aforesaid, a state- 
ment of the profits accruing from the toll, stating 
particularly the amount of money received,, and the 
amount expended ; the expenses in no case to ex- 
ceed fifteen hundred dollars annually ; all said state- 
ments to be sworn to by the treasurer ; and if said 
corporation shall not, within three years from the 
passing of this act, locate, construct, build and com- 
plete said bridge, agreeably to the provisions of this 
act, then this act shall be null and void. 

[Approved by the Governor, April 13, 1837.] 



158 HOPKINTON SPRINGS CO. April 13, 1837. 



CHAP. CLV. 

An Act to incorporate the Hopkinton Springs Com- 
pany. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Persons incorpo- gg^.^ |, Hcnrv Ricc, J. W. Paige, William 

rated. •' ' '-' 

Hales, Eliphalet Williams and Michael Mellen, 
their associates and successors, are hereby made a 
corporation, by the name of the Hopkinton Springs 
Company, to provide suitable accommodations for 
persons resorting to the Springs in Hopkinton ; and 
for this purpose shall have all the powers and privi- 
leges, and be subject to all the duties, restrictions 
and liabilities, contained in the thirty-eighth and 
forty-fourth chapters of the Revised Statutes. 

Estate. Sec. 2. Said company may hold for the purpo- 

ses aforesaid, real estate to the amount of forty-five 
thousand dollars, and the whole capital stock of said 
company shall not exceed sixty thousand dollars ; 
provided, however, that no assessments shall be laid 
upon any share in said corporation of a greater 
amount in the whole than two hundred dollars. 

Sale of ardent Sec. 3. Said compauv shall never permit the 

spirits prohibited. . , ... 

sale of any ardent spirits or other intoxicating 
drinks upon the real estate occupied by them, for 
the purposes aforesaid. 

[Approved by the Governor, April 13, 1837.] 



COUNTY COM'RS, ESSEX. April 13, 1837. 159 



CHAP. CLVI. 

An Act authorizing the County Commissioners for 
the county of Essex, to lay out a Road and con- 
struct a Bridge across Little River, in the town 
of Gloucester. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The county commissioners for the county of Es- May layout 
sex are hereby empowered, if, in their opinion, the 
public necessity and convenience require it, to lay 
out a road or highway in the town of Gloucester, 
commencing near the gate on the way leading to 
the house of Zebulon Stanwood ; thence passing 
through said Stanwood's land to Little River ; 
thence across said river to Evelith's point, so called; 
thence passing through land belonging to the estate 
of William Preston, deceased, and others, to the 
main road, near the house of Peter R. Dennen ; 
and provide for the construction of a bridge over 
said river: provided, however, that said county com- proviso. 
missioners shall cause a sufficient draw to be made 
in said bridge for the passage of vessels through the 
same ; and provided further, that in laying out and 
constructing said road and bridge, said commission- 
ers shall, in all respects, proceed as is now provided 
by law for laying out and constructing county roads. 

[Approved by the Governor, April 13, 1837.] 



160 



POLICE COURTS. 



April 13, 1837. 



CHAP. CLVII. 



An Act relating to Police Courts. 



Offenders may 
be punished by 
fine instead of 
imprisonment. 



13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Whenever any person shall be convicted, bj a 
justice of the peace or police court, of any offence 
mentioned in the one hundred and forty-third chap- 
ter of the Revised Statutes, and which may be 
punished by imprisonment, he may instead thereof, 
at the discretion of the court, be punished by fine, 
not exceeding twenty dollars, either with or without 
a condition, that if the same be not paid within a 
time fixed by the court, with the costs of prosecu- 
tion, he shall suffer any such imprisonment as is 
provided in said chapter ; and such conditional sen- 
tence shall be carried into execution, according to 
the provision of the second and third sections of the 
one hundred and thirty-ninth chapter of the Revised 
Statutes. 



[Approved by the Governor, April 13, 1837.] 



ORL. ROCK HAR. FISH. CO. ^pn7 13, 1837. 161 



CHAP. CLVIII. 



An Act concerning the Inspection of Salt. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

So much of the twenty-eighth chapter of the Re- Repeal, 
vised Statutes "of the inspection of provisions and 
other merchandize, and regulations respecting the 
sale thereof," as relates to the inspection of salt, is 
hereby repealed. 

[Approved by the Governor, April 13, 1837.] 



CHAP. CLIX. 

An Act to incorporate the Rock Harbor Fishing 
Company in Orleans. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Richard Sparrow. Ira Mayo and Timo- Persons incorpo- 
thy Smith, their associates and successors, are here- 
by made a corporation, by the name of the Rock 
Harbor Fishing Company in Orleans, in the coun- 
ty of Barnstable ; and are empowered to open the 
stream running from Tan Pond, (so called,) to the 
21 



162 



ORL. ROCK HAR. FISH. CO. Jpril 13, 1837. 



Forfeiture. 



Damages. 



Restrictions. 



mouth of Rock Harbor in said Orleans, so far as is 
necessary for the purpose of an alewive fishery, and to 
regulate the same ; and also to erect a fish wear on 
the north side of Nanwicoit river in said Orleans, in 
Meeting-house pond, (so called,) where said river 
and pond adjoin the land of Isaac Doane, and for 
this purpose, shall have all the powers and privileg- 
es, and be subject to all the duties, restrictions and li- 
abilities, set forth in the forty-fourth chapter of 
the Revised Statutes. 

Sec. 2. If any person, without the permission of 
the corporation, shall take, catch or haul on shore 
any alewives in said Tan Pond or stream, he shall for- 
feit and pay for the use of said corporation, a sum 
not exceeding two dollars, if the quantity so taken 
be less than one barrel, but if the quantity taken 
be more than one barrel, the person so offending, shall 
forfeit and pay for each barrel of fish so taken, five 
dollars ; or if any person shall take any fish from 
said wear, without permission of said corporation, 
he shall forfeit and pay a fine not exceeding five dol- 
lars if the quantity so taken be less than one hun- 
dred pounds, but if the quantity so taken exceed 
one hundred pounds, he shall forfeit and pay five dol- 
lars for every hundred pounds so taken ; to be re- 
covered in any court proper to try the same. 

Sec. 3. If any damage shall be done by said 
corporation to the property of any individual, not a 
member of said corporation, such individual shall be 
entitled to reasonable damage to be estimated in the 
same manner as damages happening in the laying 
out of highways. 

Sec. 4. If said corporation shall in the prosecu- 
tion of their work cross any highway, they shall do 
it in such a manner as shall not unreasonably in- 



CAMBRIDGEPORT AQUE.CO. April 13, 1837. 163 

commode the travel on said way, and shall leave 
said way in as good repair as it was before the al- 
teration or crossing of the same. 

Sec. 5. All persons who now are, or shall here- Owners of land 

■* ... . ^^y become 

after be owners of land adjoining said Tan Pond members. 
and stream runnino; there-from to the mouth of 
Rock Harbor, may become members of said corpo- 
ration, subject however to pay their proportional 
part of the expenses which shall have been incurred 
by said corporation, before the time of their admis- 
sion. 

[Approved by the Governor, April 13, 1837.] 



CHAP. CLX. 

An Act to incorporate the Cambridgeport Aqueduct 
Company. 

J3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. William Fisk, Aaron Rice and John Persons incorpo- 
rated. 
Skinner, their associates and successors, are here- 
by made a corporation, by the name of the Cam- 
bridgeport Aqueduct Company, with all the powers 
and privileges, and subject to all the duties, liabilities 
and provisions, set forth in the forty-fourth chapter 
of the Revised Statutes. 

Sec. 2. The capital stock of said company shall capUai stock, 
consist of three hundred shares, and no assessments 
shall be laid thereon of a greater amount, in the 
whole, than one hundred dollars on each share. 



164 CAMBRIDGEPORTAQUE. CO. April \3,IS31, 

Powers and priv- Sec. 3. The Said corporatioii is hereby author- 

ileges respecting ^ ' .... 

the laving of jzed and empowered to lay and maintain its pipes or 

pipes, &c. ' "^ ^ * ^ * 

aqueducts from the spring or springs of water in land 
formerly of Jonathan Ireland, at or near Prospect 
Hill, in Charlestown, through the town of Charles- 
town and into and through the town of Cambridge, 
in the county of Middlesex ; also such pipes or 
aqueducts as the said corporation may deem needful 
-for conveying and distributing said water in Charles- 
town and Cambridge aforesaid ; and to this end may- 
take and hold any lands necessary for laying such 
aqueducts, and may purchase and hold springs of 
water and reservoirs and erect such buildings, and 
establish and maintain such machinery, as may be 
necessary to carry into effect the objects of this act : 
and if the proprietors of lands, which said corpora- 
tion may take for the purpose of laying pipes or con- 
ductors of water, do not agree with said company 
on the price to be paid therefor, any such proprie- 
tor may have the damages assessed in the manner 
provided in the one hundred and sixteenth chapter 
of the Revised Statutes ; and the said corporation, 
in all cases where it does not acquire title to land 
for the purpose of laying and maintaining such 
pipes, or to a privilege or easement for that pur- 
pose, shall cause a certificate, describing the land 
so taken, to be signed by the president of said 
corporation, and recorded in the registry of deeds in 
said county of Middlesex. 

May lay pipes Sec. 4. The Said corporatiou is hereby author- 
under or over , , . . . . 

rail-roads, &c. jzcd and cmpowcred to lay and mamtam its pipes or 
aqueducts under or over any rail-road, canal, high- 
way or street : provided, always, that the same be 
' done in such manner as not to obstruct or impede 

the passing thereon. And the said corporation, in 



CAMBRIDGEPORT AQUE. CO. April 13, 1837. 165 

laying its pipes or aqueducts, through the highways in laying pipes, 
and streets of Charlestovvn and Cambridge afore- struct, &c. 
said, and in repairing the same from time to time, 
shall not unnecessarily obstruct any highway or 
street, and in every case of the removal of any earth 
or pavement in any such highway or street, the said 
corporation shall cause the earth to be replaced, and 
the pavement to be laid anew, so that every such 
highway or street shall be in as good condition as 
the same was in before such removal. 

Sec. 5. The said pipes and aqueducts shall be How constmct- 
so laid and constructed in said Charlestown and 
Cambridge, that water can be drawn therefrom for 
the extinguishment of fires, and to be used by per- 
sons thereto authorized by said respective towns, 
and free access shall be had thereto for that purpose ; 
and for that purpose each of said towns may, at its 
own cost, place all proper and necessary fire-plugs 
and fixtures upon any pipes or aqueducts of said 
corporation, at as many different places in the sev- • 

eral streets and highways as the selectmen of said 
towns respectively shall deem needful : provided, Proviso, 
that the said fire-plugs and fixtures shall not be used 
for the purpose of drawing water from said pipes, 
for any other use than the extinguishment of fires ; 
and shall be so constructed as to prevent the water 
in the pipes from running to waste ; and the said 
corporation shall not demand or receive any compen- 
sation for water taken for the extinguishment of 
fires as aforesaid. 

Sec. 6. If any person shall wilfully and ma- Forfeiture for 

. . corrupting water. 

liciously denle, corrupt, or make impure, any spring 
or other source of water, or reservoir, used by said 
corporation as aforesaid, or destroy or injure any 
pipe, aqueduct, machinery, or other property of said 



166 CAMBRIDGEPORT AQUE. CO. Jpril 13, 1837. 

corporation, such person, and all who shall aid or 
abet in such trespass, shall forfeit to the use of said 
company, for every such offence, treble the amount 
of damages which shall appear on the trial to have 
been sustained thereby ; and may further be pun- 
ished by a fine not exceeding one thousand dollars, 
or may be imprisoned for a term not exceeding one 
year. 

Sale of privilege. §£0. 7. The Said Corporation is hereby empow- 
ered to sell the privilege of using the water which 
may be conducted as aforesaid, to any corporation 
or person, such contracts to continue for no longer 
term than three years : provided, that no compensa- 
tion shall be taken for the use thereof for the 
extinguishment of fires as aforesaid ; and the said 
corporation, or its directors, may make all reason- 
able rules and regulations, as to the manner and the 
times in which said water may be taken and used. 

Corporation to Sec. 8. The Said corporation shall cause a true 

keep records. , _ ^ _ 

and faithful record of its proceedings, and just and 
accurate accounts to be kept, which record and ac- 
counts shall be subject at all times to the inspection 
of any committee appointed by the General Court; 
and all officers and agents of said corporation shall 
be liable to examination on oath by such committee. 

[Approved by the Governor, April 13, 1837.] 



BOS. & N. Y. COAL MIN. CO. April 13, 1837. 167 



CHAP. CLXI. 

An Act to incorporate the Boston and New York 
Coal Mining Company. 

I3E it enacted by the Senate and House of Rep- 
resentatives^ in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Isaac F. Williams, Edwin Barnes and Persons incorpo- 
John Lillej, their associates and successors, are here- 
by made a corporation, by the name of the Boston 
and New York Coal Mining Company, for the pur- 
pose of digging for, raising and vending metals, coals 
and other minerals, and carrying on the different 
branches of the mining business, in the counties of 
Bristol, Norfolk and Suffolk ; and for these purposes 
shall have all the powers and privileges, and be sub- 
ject to all the duties, restrictions and liabilities, set 
forth in the thirty-eighth and forty-fourth chapters 
of the Revised Statutes. 

Sec. 2. The said corporation may hold for the Estate, 
purposes aforesaid, real estate to the amount of one 
hundred thousand dollars ; and the whole capi- 
tal stock shall not exceed two hundred thou- 
sand dollars. 

[Approved by the Governor, April 13, 1837.] 



168 BERKSHIRE R. ROAD CO. April 13, 1837. 



CHAP. CLXII. 

An Act to incorporate the Berkshire Rail-road 
Company. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Persons incorpo- Sec. 1. Robert F. Barnard, Wilbur Curtis and 

rated. , , . , 

Increase bumner, their associates and successors, 
are hereby made a corporation, by the name of the 
Berkshire Rail-road Company ; with all the powers 
and privileges, and subject to all the duties, restric- 
tions and liabilities, set forth in the forty-fourth 
chapter of the Revised Statutes, and in that part of 
the thirty-ninth chapter of said statutes, relating to 
rail-road corporations. 
Boundary line. Sec. 2. The Said company may construct a rail- 
road, commencing on the south line of this Com- 
monwealth, in the town of Sheffield, near Ashley's 
mills ; thence running northerly to a point near the 
junction of the Litchfield and Hartford turnpikes ; 
thence northerly, near the road leading from said 
junction to the village of Sheffield , and passing said 
village, near the meeting-house, and continuing 
northerly, and running near the road leading from 
Sheffield to Great Barrington village, to a point near 
the meeting-house in said village ; thence northerly, 
running near the road leading from said village to 
Van Deusenville, to a point near the chapel in said 
Van Deusenville ; thence northerly, running near 
the road leading from Van Deusenville to Housa- 



BERKSHIRE R. ROAD CO. April 13, 1837. 169 

tonicville, to a point near the factory of the Housa- 
tonic manufacturing companj ; thence northerly, 
passing near the dwelling-house of Ebenezer Pope, 
in the town of West Stockbridge, to the valley of 
Williams river, in said West Stockbridge ; thence 
northerly, through said valley, to a convenient point 
at or near the village of West Stockbridge, for its 
intersection with the West Stockbridge rail-road, or 
with the Western rail-road. Or said company, with 
the consent of the county commissioners of the 
county of Berkshire, may commence their rail-road 
at any point within said town of Sheffield, west of 
the southern terminus at Ashley's mills ; thence 
running northerly in the most eligible route, to a 
point in the route above indicated, at or southerly 
of Great Barrington village. 

Sec. 3. The capital stock of said corporation Capital stock. 
shall not exceed eight hundred thousand dollars, 
and shall be divided into shares of one hundred dol- 
lars each ; and said corporation may invest and hold 
such part thereof in real estate, as may be necessary 
and convenient for the purposes of their incorpo- 
ration. 

Sec. 4. The Western rail-road corporation may The w. r. r. 

unite with said rail-road, by purchasing or said by purchasing 
T-»ii- •! 1 • r i • par' of road- 

Berkshire rail-road corporation all that part of their 

road north of the point of union ; paying to said 

Berkshire rail-road corporation the cost of the part 

so purchased, with interest at six per cent, from the 

time of payment thereof, by the stockholders, to the 

time of such purchase ; reserving to said Berkshire 

rail-road corporation the right of using the same, by 

paying to the Western rail-road corporation such 

toll as by law may be prescribed. 

Sec. 5. If the said corporation be not organized, 

22 



170 BERKSHIRE R. ROAD CO. April 13, 1837. 

Act to become and the location of their road filed with the county 

void, unless, &c. , /• i r r> i i • 

commissioners of the county or Berkshire, on or 
before the first day of December, in the year one 
thousand eight hundred and forty, or if said road be 
not completed by the first day of December, in the 
year one thousand eight hundred and forty-three, 
this act shall be void. 
May enter anoth- Sec. 6. The Common Wealth may authorize any 

er rail-road, by . . 

paying, &c. company to enter with another rail-road, at any 
point of said Berkshire rail-road, paying for the right 
to use the same, or any part thereof, such a rate of 
toll as the Legislature may from time to time pre- 
scribe, and complying with such rules and regulations 
as may be established by the directors of said Berk- 
shire rail-road. 

Restrictions in Sec. 7. If Said Corporation shall cutcr with thcif 

case of entering ., . , iiiiu 

any other rail- rail-road auv Other rail-road, such entry shall be by 

road. " . .J 

proper turn-outs or switches, so as not to incommode 
unreasonably the travel of the rail-road so entered ; 
and said corporation shall pay all the expenses inci- 
dent to and in consequence of any alterations that 
may be necessary, in order to effect such entry, 
w. R. R. Corp. Sec. 8. If the Western rail-road corporation 

may locate their • 1 1 i . i i • r • j 

road,&c. shall clcct, prcviously to the construction ot said 

Berkshire rail-road, to locate their rail-road over 
any part of the route described in the second section 
of this act, they shall have authority so to do. 

May alter or re- Sec. 9. The Legislature may, after the expira- 

duce the rate of • r r r ^i ^' u ^u* •^ j 

tolls. tion of four years from the time when this rail-road 

shall be open for use, from time to time, alter or re- 
duce the rate of tolls and other profits on said road. 

[Approved by the Governor, April 13, 1837.] 



HANCOCK FREE BRIDGE. April 14, 1837, 171 



CHAP. CLXIII. 

An Act in addition to " An Act to establish the 
Hancock Free Bridge." 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. I. Whenever the said Hancock Free Rates of toii to 

continue the 

Bridge Corporation shall receive from the West Bos- same until, &c. 
ton Bridge Corporation a legal transfer of their 
bridge and the franchise thereof, according to the 
provisions of the iifth section of said act establish- 
ing the Hancock Free Bridge, the same rates of 
toll maj be taken on said bridge, bj the said Han- 
cock Free Bridge Corporation, as are now establish- 
ed by law, until the sum of eighty thousand dollars 
shall be realized from the proceeds of said tolls, 
with interest estimated semi-annually at the rate of 
five per cent, per annum, after reserving the ex- 
pense of maintaining and taking care of said bridge, 
any thing in said act establishing the Hancock Free 
Bridge to the contrary notwithstanding : provided. Proviso. 
the term for taking toll aforesaid by said corporation 
shall not exceed twelve years. 

Sec. 2. Whenever the said sum of eighty thou- Bridge, when to 
sand dollars, w\x\\ semi-annual interest thereon, shall commlnwe^aith. 
have been received by said Hancock Free Bridge 
Corporation from said tolls, over and above the ex- 
pense of maintenance and repairs aforesaid, said 
bridge with the franchise thereof, shall revert to and 
become the property of the Commonwealth. 



172 



Corporation to 
make annual re- 
ports of expens- 
es, &c. 



PRIVATE WAYS. 



April 14, 1837. 



Authorized to 
create shares. 



Sec. 3. Said Hancock Free Bridge Corporation 
shall make an annual report in the month of Janua- 
ry, in each year, to the Governor and Council, of all 
receipts from tolls or other sources, and of all ex- 
penses incurred for repairs and taking care of said 
bridge, during the year next preceding ; and shall 
further make a like report at any time when requir- 
ed by the Governor, by and with the advice of 
Council. 

Sec. 4. Said Hancock Free Bridge Corporation 
are hereby authorized to raise for the purpose of 
purchasing said bridge, the sum of eighty thousand 
dollars, by the creation of eight hundred shares, of 
one hundred dollars each. 



[Approved by the Governor, April 14, 1837.] 



CHAP. CLXIV. 



An Act concerning Private Ways. 



Commissioners 

may lay out, &c 

in case selectmen Jg (Jesircd in 

refuse. 



xJE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

When the location or alteration of a private way 
any town for the use of one or more 
persons not being inhabitants thereof, or when the 
location or alteration of any private way is desired, 
lying partly in one town and partly in another, the 
county commissioners of the county, or counties 
where the way is prayed for may cause such way to 
be located or altered, proceeding therein, as is pro- 



PROBATE COURTS. April U, UST. 173 

vided by law, in case where the selectmen of any 
town refuse to lay out any private way. 

[Approved by the Governor, April 14, 1837.] 



CHAP. CLXV. 

An Act relating to the Probate Courts in the Coun- 
ty of Norfolk. 

B E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The fifty-fifth section of the eighty-third chapter Time aud place 
of the Revised Statutes shall be so altered, that the courts. 
Probate Court shall be hereafter held at Medway, 
in the county of Norfolk, on the third Monday of 
June in each year, instead of the Monday next before 
the third Tuesday in November annually, as is in 
said section provided. 

[Approved by the Governor, April 14, 1837.] 



174 SECY. CLERK'S SALARY. April 15, 1837, 



CHAP. CLXVI. 

An Act to regulate the Weight of Fish. 

x3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Quintal, how to When Fish are sold by the quintal, it shall be 

be understood. -^ '■ 

understood to mean a quintal of one hundred pounds 
avoirdupois, and all contracts concerning fish sold in 
this manner shall be understood and construed ac- 
cordingly. 

[Approved by the Governor, April 14, 1837.] 



CHAP. ci.xvn. 

An Act relating to the salary of the Secretary's sec- 
ond permanent Clerk. 

JdE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
|aiary incrcas. From and after the first day of April, in the year 
one thousand eight hundred and thirty-seven, the 
Secretary's second permanent clerk shall receive a 
salary of twelve hundred dollars a year, payable 
quarterly, instead of the sum of nine hundred dol- 



TREAS. CLERK'S SALARY. April 15, 1837. 175 

lars, provided in the twenty-second section of the 
thirteenth chapter of the Revised Statutes. 

[Approved by the Governor, April 15, 1837.] 



CHAP. CLXVIII. 

An Act relating to the salary of the Treasurer's sec- 
ond permanent Clerk. 

J3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, asfolloivs : 

From and after the first day of April, in the year salary increas- 
one thousand eight hundred and thirty-seven, the 
treasurer's second permanent clerk, shall receive a 
salary of twelve hundred dollars a year, payable 
quarterly, instead of the sum of nine hundred dol- 
lars, provided in the twenty-second section of the 
thirteenth chapter of the Revised Statutes. 

[Approved by the Governor, April 15, 1837.] 



176 NEW-ENG. COR. MAN. CO. April 15, 1837. 



CHAP. CLXIX. 

An Act to incorporate the New-England Cordage 
Manufacturing Company. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Persons incorpo- g^^.^ ]^ john Webber, Josiah Dunham and Jo- 
rated. 

siah Dunham Jr., their associates and successors, are 
hereby made a corporation, for the purpose of man- 
ufacturing cordage, in the town of Roxbury, in the 
county of Norfolk ; and for this purpose shall have 
all the powers and privileges, and be subject to all 
the duties, restrictions and liabilities, set forth in 
the thirty-eighth and forty-fourth chapters of the 
Revised Statutes. 
Estate. Sec. 2. The said company may hold for the 

purposes aforesaid, real estate to the amount of fif- 
teen thousand dollars, and the whole capital stock of 
said company shall not exceed thirty thousand dol- 
lars. 

[Approved by the Governor, April 15, 1837.] 



GROUSE OR HEATH HENS. Aprin5,\S37. 177 



CHAP. CLXX. 

An Act for the preservation of the Grouse or Heath 

Hen. 

JjE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. If any person shall, within the term of Penalty for de- 
four years from the first day of May next, take, kill grouse or heaih 
or destroy any of the birds called grouse or heath 
hens ; or shall, within the term aforesaid, sell or 
buy, or have in his possession, any of the said birds, 
killed or taken as aforesaid, he shall forfeit for every 
such grouse or heath hen, the sum of ten dollars, to 
be recovered by complaint before any justice of the 
peace. 

Sec. 2. If any person shall kill any grouse or Additional dam- 
heath hen, within the term named in the preceding ^^* 
section, upon lands not owned or occupied by him- 
self, and without license from the owner or occupant 
thereof, he shall forfeit and pay to the occupant or 
owner of such lands the sum of ten dollars, in addi- 
tion to the actual damage sustained, to be recovered 
by such owner or occupant in an action of trespass. 

Sec. 3. The provisions of the preceding sections Towns may sus- 

. pend the provis- 

shall not extend to any town, in which the inhabi- iousofthisact. 
tants shall, at their annual meeting in any year, vote 
to suspend the operation thereof, in whole or in 
part. 

[Approved by the Governor, April 15, 1837.] 
23 



178 



GUARDIANS. 



April 16, 1837. 



CHAP. CLXXl. 



An Act relating to Guardians. 



Extinguishment 
of guardianship. 



Justice of the 
peace may ap- 
point guardians. 



13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. When an unmarried woman who is a 
guardian, either alone or jointly with another person, 
shall marry, her husband shall not be a guardian in 
her right, but the marriage shall operate as an extin- 
guishment of her authority as guardian; and the 
other guardian, if there be any, may proceed in 
discharging the trust, as if she were dead ; and if 
there be no other guardian, the judge of probate 
may appoint one, or may make such other order in 
the premises as the case shall require. 

Sec. 2. Any minor, more than fourteen years 
of age, may signify his choice of a guardian before 
a justice of the peace, and such choice, being duly 
certified by said justice, shall have the same effect 
as if made in the presence of the judge of probate, 
any thing in the Revised Statutes to the contrary 
notwithstanding. 

[Approved by the Governor, April 15, 1837.] 



SUBSCRIP. W. R. R. CORP. April 15, 1837. 179 



CHAP. CLXXII. 

An Act making provision for the Payment of the 
Commonwealth's Subscription to the Stock of 
the Western Rail-road Corporation. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The treasurer of this Commonwealth is Treasurer autho- 

rized to issue 

hereby authorized and directed to issue a scrip or scrip. 
certificates of debt under his signature and the seal 
of the Commonwealth, to any amount not exceeding 
one million of dollars, bearing interest at the rate of 
five per centum per annum, payable semi-annually, 
which shall be disposed of as hereinafter provided ; 
and his excellency the governor shall countersign, 
said scrip, pledging the faith of the Commonwealth 
to its redemption in twenty years from the date 
thereof. 

Sec. 2. His excellency the governor, with the Governor may 

r t '1 • appoint commis- 

advice and consent of the council, may appoint one sioners to seii 

• • i_ L II • i- !_• scrip, &c. 

or more commissioners, who shall, with his consent, 
sell or cause to be sold the aforesaid scrip, or any 
part thereof, either by public auction or otherwise, 
at such times and in such places as he may deem 
expedient, and the exigences of the State require ; 
and the proceeds thereof shall be paid into the 
treasury as soon as may be, after sale as aforesaid. 

Sec. 3. The funds arising from the sale of scrip Funds, how dis- 
as aforesaid, except so much thereof as is hereinafter 
provided for, shall be applied to the payment of any 



180 SUBSCRIP. W. R. R. CORP. April 15, 1837. 

debts contracted by the Commonwealth, on account 
of its subscription to the capital stock of the West- 
ern rail-road corporation ; and all future instalments 
of said subscription, which maj become due con- 
formably with the provisions of an act of the Legis- 
lature, entitled "an act in aid of the Western rail- 
road corporation," passed on the fourth day of 
April, in the year one thousand eight hundred and 
thirty-six. 
Thebonusor Sec. 4. The bouus or profit, if any, on the sales 

profit, how ap- . ^ ' ... 

propiiated. of the aforcsaid scrip, together with all dividends of 
profits which may from time to time be declared on 
the rail-road stock, and one half of all money 
which may be received from the future sales of the 
Commonwealth lands, with the interest .thereon 
accruing, shall, until otherwise ordered by the Legis- 
lature, constitute a sinking fund for the future pur- 
chase or final redemption of said scrip, and for the 
payment of interest on the state debt, contracted by 
authority of this act ; and if the same shall at any 
time be insufficient to the payment of such interest, 
the deficiency shall be paid from any money in the 
treasury not otherwise appropriated. 

Money raised for Sec. 5. Auy sum or sums of moHcy which may 

militia services, • i r i 

how applied. hereafter be received from tlie general government, 
on account of this Commonwealth's claim upon the 
same for militia services, whether of principal or 
interest, shall also be applied, until otherwise ordered 
by the Legislature, to said sinking fund ; and so 
much of the statutes of one thousand eight hundred 
and thirty, chapter one hundred and twenty-sixth, 
as is inconsistent with this section, is hereby re- 
pealed. 

When to take Sec. 6. This act shall take eflfcct from and aftcf 

the approval thereof by the governor. 

[Approved by the Governor, April 15, 1837.] 



SEEK. BRANCH R. ROAD CO. April 15, 1837. 181 



CHAP. CLXXni. 

An Act in addition to an Act to establish the See- 
konk Branch Rail-road Company. 

JlSE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The Seekonk Branch Rail-road Company shall Time extended. 
be allowed the further term of one year to file the 
location of their road, and also the further term of 
one year to complete the same. And in all cases 
where no return has been made to said company of 
such stocks as were subscribed before said first day 
of October, eighteen hundred and thirty-six, the pre- 
sident and directors, or a majority of them may de- 
clare the same to be, and they shall be thereupon 
utterly null and void, as against all persons who may 
subscribe for the same stocks. 

[Approved by the Governor, April 15, 1837.] 



182 MERRIMACK COALMIN. CO. April 15,1837. 



CHAP. CLXXIV. 

An Act to incorporate the Merrimack Coal Mining 
Company. 

j3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

faled""' '°''°''"" ^^^' ^' ^^vid Mighill, George Spofford and 
George Batchelder, their associates and successors, 
are hereby made a corporation, by the name of the 
Merrimack Coal Mining Company, for the purpose 
of digging and mining for coal within the county of 
Essex, and of converting the same to useful pur- 
poses ; with all the powers and privileges, and sub- 
ject to all the duties, restrictions and liabilities, set 
forth in the thirty-eighth and forty-fourth chapters of 
the Revised Statutes. 

Estate. Sec. 2. Said corporation may hold, for the pur- 

poses aforesaid, real estate to the amount of fifteen 
thousand dollars, and personal etsate to the amount 
of ten thousand dollars. 

[Approved by the Governor, April 15, 1837.] 



POWERS OF ASSESSORS. April 17, 1837. 183 



CHAP. CLXXV. 



An Act in addition to an Act to incorporate the 
Suffolk Mutual Fire Insurance Company. 

XjE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows: 

The Suffolk Mutual Fire Insurance Company, in Additional pnvi- 
the city of Boston, is hereby authorized and em- 
powered, in addition to the privileges granted it by 
the act of April fifteenth, in the year one thousand 
eight hundred and thirty-six, to insure upon stock, 
tools, furniture and other personal property within 
this Commonwealth. 

[Approved by the Governor, April 15, 1837.] 



CHAP. CLXXVI. 



An Act relating to the powers of Assessors. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Every keeper of any tavern or boarding; information to be 

. , , given of persons 

house, and every master and mistress of any dwel- nabietobe 

11 • taxed. 

ling house, shall, upon application of any assessor in 
the city, town or district in which such house is situ- 



184 ALARMS OF FIRE. April 17, 1837. 

ated, give information of the names of all persons 

residing in such house, and liable to be assessed for 

Penalty for giv- taxes ; and any such keeper, master or mistress, re- 

ing false informa- „ . . *^ , . „ * . , .11,1 

tion. tusing to give such information, or knowingly shall 

give information which is false, shall forfeit for each 
offence the sum of twenty dollars, which shall enure 
to the use of the town where the offence shall have 
been committed, to be recovered by the treasurer 
thereof, in the manner provided in the fifteenth chap- 
ter of the Revised Statutes, on complaint before the 
police court of such town or city, or before any jus- 
tice of the peace of the county in which the offence 
shall have been committed. 

When to take ef Sec. 2. This act shall take effect from and after 

feet. 

its passage. 

[Approved by the Governor, April 17, 1837.] 



CHAP. CLXXVII. 



An Act to prevent Bonfires and False Alarms of Fire. 

JjE it enacted by the Senate and House of Rep- 
resentatives^ in General Court assembled, and by the 
authority of the same, as follows : 
Fine for making Sec. 1. If any pcrsou shall be concerned in 
causing or making a bonfire, in any town in the Com- 
monwealth, within ten rods of any house or build- 
ing, he shall be punished, on conviction before any 
court proper to try the same, by a fine not exceed- 
ing twenty dollars, or by imprisonment not exceed- 
ing one month. 



POOR OF UNINCOR. PLACES. April 17, 1837. 185 

Sec. 2. If any person, without reasonable cause Punishment for 

. . r I II • making I'alse 

shall, by outcry, or the ringing of bells, or otherwise alarm. 
make or circulate, or cause to be made or circulat- 
ed, in any town in the Commonwealth, any false 
alarm of fire, he shall be punished, on conviction, as 
mentioned in the preceding section, by a fine not 
exceeding fifty dollars : provided, hoivever, that all 
proceedings under this act within the city of Bos- 
ton, shall be had on complaint before the Police 
Court of said city, saving always the right of appeal . 
to the Municipal Court of the city of Boston, as in 
other cases. 

[Approved by the Governor, April 17, 1837.] 



CHAP. CLXXVIII. 

An Act in relation to the Poor of unincorporated 

places. 

UFa it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, asfolloivs : 

Sec. 1. The inhabitants of unincorporated places, Unincorporated 

, 1 1 1 I • 1 places vested 

who are or shall be required to assess taxes upon with same power 

II II ^ as towns. 

themselves towards the support of government, or 
for defraying the charges of any county, shall be 
vested with the like powers and be under the same 
obligations, so far as relates to the relief and support 
of poor persons falling into want or distress, or who 
may be in need of immediate assistance within such 
places respectively, as towns may have or be subject 
to; and the like proceedings shall be had in such 
24 



186 GAMING. April 17, 1837. 

cases, by or against such places, as may be had by 
or against towns. 
Assessors' power Sec. 2. The asscssors of such unincorporated 

and duties. 

places shall be held to perform all the duties, and 
shall have all the powers of overseers of the poor 
of towns, for the purpose of carrying into effect the 
provisions of this act. 
Repeal. Sec. 3. The twcuty-third section of the forty- 

sixth chapter of the Revised Statutes, is repealed. 

[Approved by the Governor, April 17, 1837.] 



CHAP. CLXXIX. 



An Act concerning Gaming. 

13 E it enacted by the Senate and House of Rep- 
resentatives^ in General Court assembled, and by the 
authority of the same, as follows : 
Owner of ffam- The owHcr, tcuaut or occupant of any house or 

ing house liable , , , i • i i i i i 

to civil action, building, m which money or goods may be lost by 
gaming, or by betting on the sides or hands of 
such as are gaming, with the knowledge or consent 
of said owner, occupant or tenant, shall be liable to 
a civil action, in the same manner and to the same 
extent as the winner thereof is liable, by the provis- 
ions of sections twelfth and thirteenth of the fiftieth 
chapter of the Revised Statutes. 

[Approved by the Governor, April 17, 1837.] 



CONDITIONAL PARDONS. April 17, 1837. 187 



CHAP. CLXXX. 

An Act empowering Proprietors of Real Estate, held 
in common, to dispose of the same. 

He it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows: 

The proprietors of any real estate, held in com- Proprietors of re- 

,,,,,. al estate may 

mon by ten or more persons, who shall be mcorpo- seii. 
rated agreeablj to the provisions of the forty-third 
chapter of the Revised Statutes, may sell such real 
estate, and divide the proceeds thereof, upon vote 
of more than two thirds of all the said proprietors, 
both in number and interest, at any legal meeting 
thereof, and not otherwise. 

[Approved by the Governor, April 17, 1837.] 



CHAP. CLXXXI. 



An Act in relation to Conditional Pardons. 

JlJE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Whenever a pardon is granted to any Terms of pardon 

• ^ ^ r ^ 1 • I . r '° ''e specified. 

convict, or any part of the punishment of any con- 



138 CONDITIONAL PARDONS. April \1, 1837. 

vict is remitted by the governor with advice of 
council, on conditions to be performed thereafter by 
such convict, the terms and conditions upon which 
said pardon or remission is granted, shall be speci- 
fied and set forth in the warrant thereupon to be 
issued. And the governor, by and with the advice 
of the council, may require a bond to be given to 
the Commonwealth, in such sum, and with such 
surety, as he may approve, with condition, that the 
terms, upon which said pardon or remission is grant- 
ed, shall, by said convict, be truly observed and 
kept. And the bond so given, shall be deposited 
with the treasurer of the Commonwealth, and shall 
be prosecuted to final judgment and execution, 
whenever the condition thereof shall be broken. 
And, when said bond is required by the governor, 
the pardon, or remission of punishment, shall not 
take effect, until the bond so required, is made and 
executed, and deposited as aforesaid. 

^^^v.^]lo t?ixxs<^ Sec. 2. When any convict, sentenced to con- 
convict to be ar- J ' 

rested if abroad fincmeut itt the State prison, or in any jail or house 

in violation oi r ' J J 

conditions. of corrcctiou, is pardoned, or his punishment remit- 

ted by the governor, with advice of the council, on 
conditions to be, by said convict observed and per- 
formed, and it shall come to the knowledge of the 
warden of the state prison, or keeper of the jail or 
house of correction, where such convict had been 
confined, that said convict was abroad, in violation 
of the conditions of his pardon or remission of pun- 
ishment, the said warden or keeper shall forthwith 
cause the said convict to be arrested and detained 
according to the terms of his original sentence. And, 
in computing the period of his confinement, the 
time between said conditional pardon, and subse- 
quent arrest, shall not be taken to be any part of 
the term for which said convict was sentenced. 



CONDITIONAL PARDONS. April 17, 1837. 189 

Sec. 3. When any convict shall be arrested and in case of an ar- 

•^ _ _ rest, warden to 

detained for any breach of the condition of his par- give notice to 

- ' attorney of Cora. 

don or remission of punishment, as aforesaid, it shall 
be the duty of the warden or keeper arresting him, 
forthwith to give notice in writing, to the attorney 
of the Commonwealth, for the district where such 
warden or keeper resides, and it shall be the duty 
of said attorney to file an information before the Attomej; to file 

I 1 1 1 • information be- 

court of common pleas, to be holden in some county forec. c. Pleas. 
of said district, in the same manner as informations 
are now filed against convicts sentenced to a second 
confinement in the state prison, to the end that it 
may be judicially made known, whether the condi- 
tion of the said pardon or remission of punishment 
has been broken by said convict. And in case it is convict how 

•^ sentenced. 

admitted by such convict, or found by the verdict of 
a jury, that said condition was broken by said con- 
vict, the court before whom such information is 
filed, shall sentence such convict to be remanded 
and confined for the unexpired term of his former 
sentence, and to a further period of confinement not 
exceeding one half the time for which said con- 
vict was sentenced for the offence to whicii said 
conditional pardon or remission applied, to take 
effect from and after the period when he shall have 
suffered the whole term of imprisonment to which 
he was originally sentenced ; or if said convict was 
before sentenced to confinement for life, then he 
shall be subjected to such solitary confinement as 
said court shall order. And if it shall appear to said 
court, by the verdict of a jury or otherwise, that 
said convict had not broken the conditions on which 
his conditional pardon or remission was granted, he 
shall be thereupon discharged. 

[Approved by the Governor, April 17, 1837.] 



190 UNIV. MEET. H. LOWELL. April 17, 1837. 



CHAP. CLXXXII. 



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

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Persons incorpo- §£€. 1. EMphalet Casc, David Boynton and 

rated. /^ . . -^ 

James Tower, their associates and successors, are 
hereby made a corporation, by the name of the Pro- 
prietors of the first Universalist Meeting-house in 
Lowell, with all the powers and privileges, and sub- 
ject to the restrictions, duties and liabilities, set forth 
in the forty-fourth chapter of the Revised Statutes. 

Estate. Sec. 2. Said corporation may hold real and per- 

sonal estate the annual income of which, exclusive 
of their meeting-house, shall not exceed the sum of 
fifteen hundred dollars ; and said corporation may 
divide their whole capital stock into shares not less 
than one hundred, nor more than four hundred in 
number : provided, that no share shall ever be as- 
sessed to a larger sum in the whole, than fifty dol- 
lars. 

May dispose of Sec. 3. Said corporatiou may sell, lease, or oth- 
erwise dispose of the pews in their meeting-house 
as they may think proper : provided, that the pro- 
ceeds of the same shall be applied exclusively to 
parochial purposes. 

[Approved by the Governor, April 17, 1837.] 



pews. 



REPRESENTATIVE DIST. April 18, 1837. 191 



CHAP. CLXXXIII. 



An Act relating to Representative Districts. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. In case any two or more towns in this Selectmen to 

'' make returns 

Commonwealth shall, in the present year or in any when towns form 

' -^ •' themselves into a 

tenth year thereafter, form themselves into a repre- representative 

", . , ^ district. 

sentative district bj a vote to that effect passed by 
each of said towns previous to the first day of July, 
according to the provisions of the twelfth article of 
amendments of the constitution, the selectmen of 
each of said towns shall make a return, containing 
a copy of said vote, into the office of the secretary 
of the Commonwealth, on or before the first day of 
August. The said returns shall be attested by the 
selectmen and the town clerk, shall be sealed up 
and addressed to the secretary of the Common- 
wealth, with a superscription expressing the purport 
of the contents thereof, and the Secretary shall, as 
soon as may be after the reception of each return, 
lay the same before the governor and council. 

Sec. 2. Any selectmen or town clerk who shall —liable in case 
wilfully neglect or refuse to make due return ac- 
cording to the requisitions of this act, or who shall 
be guilty of wilful falsehood in any such return, 
shall be liable to a fine not exceeding two hundred 
dollars. 

Sec. 3. The secretary shall as soon as may be secretary to 

. "^ transmit copies of 

after the passing of this act, transmit a copy of the "'«»«'•• 



192 



FISHERY, PALMER RIVER. April 18, 1837. 



same to the selectmen of each town in the Common- 
wealth. 
When to take Sec 4. This Hct shall go into operation from 

and after the passing of the same. 

[Approved by the Governor, April 18, 1837.] 



effect. 



CHAP. CLXXXIV. 

An Act further regulating tiie Fishery in Palmer 
River, in Rehoboth. 



Penalty for con- 
structing wear. 



Forfeiture, how 
recovered. 



Former acts re- 
pealed. 



When to take ef- 
fect. 



1>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. If any person shall make or cause to be 
made, or shall continue any wear in Palmer river, 
in the town of Rehoboth, in the county of Bristol, 
up stream from the land now belonging to Royal 
Horton, situate on the westerly side of said river, 
he shall forfeit and pay fifteen dollars for each 
offence. 

Sec. 2. All forfeitures named in this act, or in 
either of the acts to which this is in addition, may 
be recovered either by indictment for the use of said 
county, or otherwise, as now provided by law. 

Sec. 3. All acts and parts of acts regulating the 
fishery in said town, inconsistent with this act, are 
hereby repealed. 

Sec. 4. This act shall take efiect from and after 
the passage of the same. 

[Approved by the Governor, April 18, 1837.] 



NOTICES, SALE PERS. PROP. April 18, 1837. 193 



CHAP. CLXXXV. 

An Act relating to Notices of Applications for the 

appraisal and sale of Personal Property, attached • 

on mesne process. 

JL>E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows: 

When application is made to the attaching officer, Attaching officer, 
accordinjT to the provisions of the nfty-eighth sec- 
tion of the ninetieth chapter of the Revised Statutes, 
for the appraisal and sale of personal property at- 
tached on mesne process, and the defendant in the 
action is not within the Commonwealth, and has no 
attorney therein, notice thereof in writing shall be 
left at his last and usual place of abode within the 
Commonwealth, if he has any, otherwise it shall be 
delivered to or left at the dwelling-house or place 
of business of the person who had possession of said 
property at the time of the attachment ; and such 
notice shall be a sufficient notice to the defendant, 
to authorize the appraisal and sale of said property, 
according to the provisions of said chapter. 

[Approved by the Governor, April 18, 1837.] 



25 



194 REG. OF DEEDS, BRIS. CO. April 18, 1837. 



CHAP. CLXXXVI. 

An Act to establish a Registry of Deeds for the 
southern towns in the county of Bristol. 

JdE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Towns forming a Sec. 1. The towtts of WcstDort, Dartmouth, 

district for the _^ _ ^ '■ 

registry of deeds. Ncw Bedford Hud Fairhavcu, in the county of Bris- 
tol, are hereby constituted a District for the Registry 
of Deeds, and for all things relating to a register 
and registry of deeds shall be deemed to be a county; 
and all provisions of law now existing concerning 
that subject shall apply to that office and officer in 
said district, (excepting as is hereinafter provided 
for the first election of register and for the term of 
his office,) and the office of the said register shall 
be kept in the town of New Bedford. 

Manner of choos- Sec. 2. For the purposc of choosiug the first 

ing first register. . . , ^ p t_ r • j ^ 

register, the selectmen or each ol said towns are 
hereby directed to call meetings of the inhabitants 
of their rosp^ictive towns, qualified to vote for repre- 
sentatives to the general court, for the first Monday 
of June next, to elect some person duly qualified by 
law for register of deeds of said district, and the 
result of said election shall forthwith be transmitted 
to the county commissioners of said county of Bris- 
tol, in the same manner as is now provided concern- 
ing the stated elections of registers for the several 
County commis- couutics ; and said county commissioners shall meet 
pro" eed. ""^ '° at the court-house in New Bedford, on the third 



REG. OF DEEDS, BRIS. CO. April 18, 1837. 195 

Mondaj of June next, and there proceed to count 
the votes, and in all respects to act as they are by 
law required to do concerning the elections of regis- 
ters for the several counties ; and if no person shall 
be elected, said commissioners shall appoint some 
person to be register, until an election shall be made, 
and shall issue their notices for a new election, and 
further proceed as is provided by law. 

Sec. 3. Said register shall hold his office for the Register, how 
term of five years from the annual meeting of said office. 
towns, in the year eighteen hundred and thirty-six, 
and until some other person is chosen and qualified 
in his stead, subject however to all the provisions 
now existing relating to the office of register. 

Sec. 4. All the towns in said county of Bristol, Towns„otnamed 

•^ ' in 1st sec. to con- 

not above named, are hereby also constituted a dis- s<''"te a district 

' J for registry of 

trict for the registry of deeds, and in all things '^^^'^*- 
relating to the registry and register of deeds, shall 
be deemed a county ; and the present register of 
deeds for the said county of Bristol, shall be the 
register of the said last mentioned district, for the 
term for which he was elected, and until some other 
person is chosen and qualified in his stead, under 
the general provisions of law. 

Sec. 5. This act shall take effect from and after Act, when to 

take effect. 

the first day of July next, excepting as to the elec- 
tion of the register provided for in the second 
section hereof. 

[Approved by the Governor, April 18, 1837.] 



196 ANDO. & HAVER. R. R. COR. April 18, 1837. 



jers 



CHAP. CLXXXVII. 



An Act in addition to An Act to incorporate the 
Chemical Dyeing and Printing Company. 

13 E it enacted by the Senate and House of Rep- 
resentatives^ in General Court assembled, and by the 
authority of the same, asfolloxos : 
Additional pow- The Chemical Dyeing and Printing Company, in 
addition to the powers aheady granted them, are 
hereby authorized to hold real estate of the value of 
fifty thousand dollars, for the purposes set forth in 
their charter ; and the whole capital stock of said 
corporation shall not exceed one hundred and fifty 
thousand dollars. 

[Approved by the Governor, April 18, 18^7.] 



CHAP. CLXXXVIII. 



An Act to aid the construction of the Andover 
and Haverhill Rail-road. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Treasurer of Sec. 1. The treasurer of this Commonwealth 

Commonwealth .ii i-i it i 

authorized to is- IS hereby authorized and directed to issue scrip or 
sue scrip. certificates of debt, in the name and behalf of the 



ANDO. & HAVER. R. R. COR. April 18, 1837. 197 

Commonwealth, for the sum of one hundred thou- 
sand dollars, hearing an interest of five per cent, 
per annum, pajal)le semi-annually at the office of 
said treasurer, and redeemable at the same place, at 
the expiration of twenty years from the 1st day of 
August next ; which scrip or certificates shall be 
deemed a pledge of the faith and credit of the Com- 
monwealth for the redemption thereof: and the said 
treasurer shall deliver said scrip or certificates of 
debt to the treasurer of the Andover and Haverhill 
Rail-road Corporation, for the purpose of enabling 
the said corporation to complete their rail-road, at 
such times and under such conditions as are hereafter 
provided. 

Sec. 2. When said corporation shall have paid t^'S'er's^" 
in and expended, in the construction of their rail- amount, &c. 
road, the sum of two hundred thousand dollars, the 
treasurer of the Commonwealth shall deliver to the 
treasurer of said corporation scrip or certificates is- 
sued as aforesaid, to the amount of fifty thousand 
dollars. And when they shall have paid in and ex- 
pended as aforesaid the sum of three hundred thou- 
sand dollars, in addition to the amount of scrip 
which they shall have received from this Common- 
wealth, the treasurer of the Commonwealth shall 
deliver to the treasurer of said corporation scrip or 
certificates, issued as aforesaid, to the amount of the 
further sum of fifty thousand dollars : provided, that proviso. 
before any such scrip or certificates shall be deliver- 
ed to the treasurer of said corporation as aforesaid, 
said corporation shall furnish evidence, satisfactory 
to the governor and council, that said payments 
and expenditures have been made as aforesaid. 

Sec. 3. This act shall not take effect until said Act, not to take 

eneet, until, Sec. 

corporation, at a meeting of the stockholders duly 



198 ANDO. & HAVER. R. R. COR. April 18, 1837. 

notified for that |)urpose, shall have assented to all 
the provisions of the same, and shall have executed 
to the Commonwealth a bond, in such form as the 
Conditions of attorney general shall prescribe, conditioned that 
said corporation shall indemnify and save harmless 
the Commonwealth from all liability on account of 
said scrip or certificates, and shall pay all interest 
thereon punctually, as the same shall fall due, at the 
office of the treasurer of the Commonwealth, until 
the principal sum or sums thereof shall be paid by 
said corporation ; and shall pay, at the office of said 
treasurer of the Commonwealth, the principal sum 
or sums aforesaid, one year before the same shall 
become redeemable by the Commonwealth. And 
shall also convey, by a suitable instrument, to be 
prepared for that purpose under the direction of the 
Attorney general, their entire road and its income, 
and all the property and franchise to them belonging, 
as a pledge or mortgage to secure the performance 
of all the conditions of said bond. And shall also 
transfer to this Commonwealth one thousand shares 
of the capital stock of said corporation, to be held 
by the treasurer of the Commonwealth as further 
security for the performance of the conditions of 
the said bond, and to be sold by the said treasurer, 
at the pleasure of the General Court, upon the fail- 
ure of the said corporation to pay the interest of the 
said scrip or certificates of debt, or the principal 
thereof, as aforesaid. 

[Approved by the Governor, April 18, 1837.] 



A. HOBART'S MILL-DAM. April 18, 1837. 199 



CHAP. CLXXXIX. 

An Act to authorize Abraham Hobart to erect a 
dam across Monatiquot River in the town of 
Braintree. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Abraham Hobart of Braintree, his heirs or assigns. Authorized to 
are hereby authorized to erect a mill dam across ^"^^^ 
Monatiquot River, in said town, three or four rods 
below where his present dam is now located, to be 
raised no higher than the tide usually flows, with 
a sufficient passage or sluiceway therein for the 
passage of such vessels, boats or rafts as may have 
occasion to go up and down said river of at least 
twenty-four feet in width, with good and sufficient 
sluice-gates to be constructed with paddle-gates 
therein of two feet square : provided, however, that Provisos. 
the mud sill upon which said sluice-gates are placed, 
shall not rise more than twelve inches above the 
bed of the river, and that said sluice-gates shall, at 
all times, be opened by said Hobart, his heirs or as- 
signs, when it is practicable so to do, for the passage 
of vessels, boats or rafts up and down said river: and 
provided further, that, at all times during the con- 
tinuance of said dam, there shall be kept up and 
maintained upon the water privilege, created by said 
dam, a grist-mill, in which shall be ground all kinds 
of grain, and that there shall be maintained, in said 
dam, a sufficient passage-way, for the herring and 



200 EASTERN RAIL-ROAD. April 18, 1837. 

other fish to pass up said river : and provided fur- 
ther, that nothing herein contained shall authorize 
said Hobart, his heirs or assigns, to appropriate, for 
said dam and privilege, the property or lands of 
others, except in the manner now provided by law. 
And that said dam shall be erected within three 
years from and after the passage of this act. 

[Approved by the Governor, April 18, 1837.] 



CHAP. CXC. 

An Act to aid the construction of the Eastern Rail- 
road. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Treasurer of Sec. 1. The treasurer or receiver-general of the 

Com. authorized i i • i it i 

to issue scrip, &c. Commonwealth is hereby directed to issue scrip or 
certificates of debt, in the name and in behalf of the 
Commonwealth, under the hand of the said treasurer, 
and the seal of the Commonwealth, for the sum of 
five hundred thousand dollars, bearing an interest 
of five percent, per annum, payable semi-annually at 
the office of the said treasurer, and redeemable at the 
same place at the expiration of twenty years from 
the first day of July next, which scrip or certificates 
shall be deemed to be a pledge of the faith and 
credit of the Commonwealth for the redemption 
thereof. And the said treasurer shall deliver said 
scrip or certificates of debt to the treasurer of said 
Eastern Rail-road Company, for the purpose of 



EASTERN RAIL-ROAD. April 18, 1837. 201 

enabling the said company to complete their road, at 
such times and under such conditions as are herein- 
after provided. 

Sec. 2. When the said company shall have Treasurer, when 

i- •' to deliver scrip, 

received on assessments legally made, and expended amount, cfcc. 
in the construction of their road, or the necessary 
appurtenances thereof, the sum of three hundred 
thousand dollars, the treasurer of the Common- 
wealth shall deliver to the treasurer of said company 
scrip or certificates, issued as aforesaid, to the 
amount of one hundred thousand dollars. And when 
said company shall have completed their road from 
the city of Boston to the South River in the city of 
Salem, the treasurer of the Commonwealth shall 
deliver to the treasurer of said company, scrip or 
certificates, issued as aforesaid, to the further amount 
of one hundred thousand dollars. And when they 
shall have received as aforesaid the further sum of 
two hundred thousand dollars, in addition to the 
amount of scrip received from the Commonwealth, 
and shall have expended the said two hundred thou- 
sand dollars on the road between Salem and New- 
bury port, the treasurer of the Commonwealth shall 
deliver to the treasurer of said company, scrip or 
certificates, issued as aforesaid, to the further 
amount of one hundred thousand dollars. And when 
they shall have expended, or received as aforesaid 
for the purpose of being expended, the sum of seven 
hundred thousand dollars, in addition to the amount 
of said scrip which they shall have received from 
the Commonwealth, the treasurer of the Common- 
wealth shall deliver to the treasurer of the said 
company, scrip or certificates, issued as aforesaid, 
to the further amount of one hundred thousand dol- 
lars. And when they shall have completed their 

26 



202 EASTERN RAIL-ROAD. April\S,U37. 

road as far as the proposed depot in Newburyport, 
the treasurer of the Commonwealth shall deliver to 
the treasurer of said company, scrip or certificates, 
issued as aforesaid, to the further amount of one 

Proviso. hundred thousand dollars : provided, that before 

any such scrip or certificates shall be delivered to 
the treasurer of the said company, as aforesaid, the 
said company shall furnish evidence, satisfactory to 
the governor and council, that said expenditures and 
completion have been made as aforesaid. 

Act not to take ggc. 2. This act shall not take effect until said 

•nect until, &c. 

company, at a meeting of the stockholders duly 
notified for that purpose, shall have assented to all 
the provisions thereof, and shall have executed to 
the Commonwealth a bond, in such form as the 
Conditions of act. attomey-gencral shall prescribe, conditioned that 
said company shall indemnify and save harmless the 
Commonwealth from all liability on account of said 
scrip or certificates, and shall pay the interest there- 
on punctually, as the same shall fall due, at the 
office of the treasurer of the Commonwealth, until 
the principal sum or sums thereof shall be paid by 
said company. And shall pay at the office of said 
treasurer of the Commonwealth, the principal sum 
or sums aforesaid, one year before the same shall 
become redeemable by the Commonwealth. And 
shall also convey by a suitable instrument, to be 
prepared for that purpose under the direction of the 
attorney-general, their entire road and its income, 
and all the property and franchise to them belong- 
ing, as a pledge or mortgage to secure the perform- 
ance of all the conditions of said bond. 

[Approved by the Governor, April 18, 1837.] 



HARRIS' WHAPiF. April 18, 1837. 203 



CHAP. CXCi. 



An Act authorizing Isaac Harris to extend his 

Wharf. 

JlJE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Isaac Harris proprietor of two certain wharves in Authorized to 

, , ^ ,-, f. . y-, . , extend and main- 

the c\Xy or iioston, fronting on Commercial-street, tain wharves. 
and lying between Fiske's wharf and the Winni- 
simmit ferry slip, is hereby authorized and empow- 
ered to extend and maintain his said wharves 
straight into the harbor channel, as far as the line 
established by the commissioners appointed to sur- 
vey the harbor of Boston, under a resolve of the 
Legislature passed March fifth, in the year one thou- 
sand eight hundred and thirty-five, and shall have 
and enjoy the right and privilege of laying vessels 
at the sides and ends of his said wharves, and re- 
ceiving dockage and wharfage therefor : provided, Proviso. 
that so much of said wharves as may be construct- 
ed in said channel shall not be built otherwise than 
on piles within two hundred and twenty-five feet of 
said line : and, provided, that this grant shall in no 
wise interfere with the legal rights of any other 
person or persons whatsoever. 

[Approved by the Governor, April 18, 1837.] 



204 



INSURANCE COMPANIES. Aprit 18, 1837. 



CHAP. CXCII. 

An Act to cause the several Insurance Companies 
to make Annual Returns. 



Secretary to 
make annual re- 
turns. 



Return to desig- 
nate, &c. 



Form of return. 



Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1 . From and after the first day of March, 
in the year eighteen hundred and thirty-seven, the 
secretary of each insurance company with specific 
capital in the Commonwealth, shall make annual 
returns, which he shall transmit as soon as may be, 
not exceeding fifteen days from the first day of 
December, to the secretary of this Commonwealth. 

Sec. 2. Each return shall designate, in distinct 
columns, the several particulars hereinafter named, 
as they existed on the above named first day in 
each December, in substance as follows, to wit : 



Funds. 
How Invested. 



With the Names of 
the Banks and Am't 
owned in each. 



Amount 
Due from Office. 



2 c 



.S <u 



o S 



-a 

P3.2 






o» 



INSURANCE COMPANIES. April U, U37. 205 

Which return shall be signed by the president and 
secretary of such insurance company, who shall 
make oath, before some justice of the peace, to the 
truth of said return, according to their best knowl- 
edge and belief. 

Sec. 3. Every insurance company neglecting to Forfeiture in case 
comply with the provisions of the preceding sections, ° "^^^'^'• 
shall forfeit to the use of the Commonwealth, to be 
recovered by the treasurer thereof, one hundred 
dollars for each and every neglect. 

Sec. 4. The secretary of the Commonwealth Secretary to fur- 

I 11 ' • I • 1 • r t r nish blank re- 

shall lurnish two prmted copies of the form of the '"™s- 

return required by this chapter, to the secretary of 
every insurance company, in the month of October 
or November annually. 

Sec. 5. The secretary of the Commonwealth, —to prepare an 
after he shall . have received the returns from the tu^ns. 
several insurance companies aforesaid, shall, as soon 
as may be, cause to be prepared and printed a true 
abstract from those returns, with each column of 
such abstract added up, and he shall transmit by 
mail one copy thereof to the president of each insu- 
rance company in the Commonwealth, and shall 
submit the same to the Legislature, at the next 
session thereof. 

[Approved by the Governor, April 18, 1837.] 



206 



FISHERY IN MIDDLEBORO'. April 18, 1837. 



CHAP. CXCHI. 



May dispose of 
right of taking 
alewives. 



Repeal. 



When to lake 
effect. 



An Act to regulate the Alewive Fishery in Middle- 
borough. 

J3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The inhabitants of the town of Middle- 
borough, in the county of Plymouth may, at any 
meeting called for that purpose, dispose of their 
right of taking alewives in said town by contract, 
or by sale at public auction, for a term not exceed- 
ing five years, on any one contract, or sale ; or said 
town may improve their right aforesaid by choosing 
agents to take said alewives, and dispose of the 
same as the town may, from time to time, direct. 

Sec. 2. All acts and parts of acts, regulating 
the fishery in said town, inconsistent with this act, 
are hereby repealed. 

Sec. 3. This act shall take effect from and after 
the passage thereof. 

[Approved by the Governor, April 18, 1837.] 



OVERSEERS OF THE POOR. ^pnV 18, 1837. 207 



CHAP. CXCIV. 



An Act providing for a return by Overseers of the 

Poor. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The overseers of the poor of the sever- overseers and 

directors to make 

al towns in this Commonwealth and the directors oi returns to secre- 
ihe house of industry in the city of Boston, shall, on 
or before the second Wednesday of January of each 
year, make out and return to the secretary of this 
Commonwealth a statement of the paupers in said 
town, as they are on the last Monday of December 
preceding; which return shall contain true and cor- 
rect answers to the following; enquiries, viz : What interrogatories 

'^ •"• to be answered 

number of persons have been relieved or supported in making the 

r ' ^ return. 

as paupers during the year in your town ? Of these, 
how many have a legal settlement in your town, or 
elsewhere in this Commonwealth ? How many 
State paupers does your town support ? How many 
of those are foreigners ? How many of the for- 
eigners are from England and Ireland? Have you 
an alms house ? What number of acres of land is 
attached to your alms house ? What is the estimat- 
ed value of your alms house establishment ? What 
number of persons have been relieved in your 
alms house during the year? What is the average 
number supported in alms house ? What is the 
average weekly cost of supporting each pauper in 



208 OVERSEERS OF THE POOR. April 18, 1837. 

alms house? What number of persons in your 
alms house who are unable to perform any kind or 
amount of labor ? What is the estimated value of 
all the labor performed by paupers in your alms 
house ? How many persons do you aid and sup- 
port out of alms house ? What is the average 
weekly cost of supporting paupers out of alms 
house ? How many does your town support or re- 
lieve who are insane ? How many do you relieve 
or support who are idiots ? What proportion of 
your paupers, in your opinion have been made de- 
pendent by intemperance in themselves, or those 
who ought to have been their supporters ? What 
number of your foreign paupers have come into this 
Commonwealth within one year ? What is the 
total net amount of expense of supporting or re- 
lieving paupers in your town for one year, including 
interest on your alms house establishment ? What 
amount does your town receive from the treasury of 
this Commonwealth towards the support of State 
Secretary to fur- paupcrs ? And the Secretary of this Commonwealth 
blank returns.' shall, in the mouth of November annually, furnish 
the overseers of the poor of each town with a blank 
form of return, which shall contain in substance the 
foregoing interrogatories. 
—to prepare an- Sec. 2. The Sccrctary of this Commonwealth 

nually, an ab- 
stract of the re- shall, as soon after the second Wednesday of Janua- 

turns for the Leg-- 

isiature. rj of each year as practicable, make out an abstract 

of the returns of the overseers of the poor, togeth- 
er with such explanatory remarks as he shall deem 
proper, and cause the usual number to be printed 
for the use of the Legislature. 
Penalty for not Sec. 3. If the ovcrscers of the poor of any town 
to secretary. in this Commonwealth, or the directors of the House 
of Industry in the city of Boston, shall refuse or ne- 



FISHERY IN NEWBURY. April 18, 1837. 209 

gleet to make the return as aforesaid, they shall 
forfeit a sum not exceeding one hundred dollars, to 
be recovered by indictment, in any court of compe- 
tent jurisdiction. 

[Approved by the Governor, April 18, 1837.] 



CHAP. CXCV. 

An Act to regulate the Fishery in Newbury. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The inhabitants of the town of New- May regulate the 

taking of nsn. 

bury, in the county of Essex, may, at any legal 
meeting called for that purpose, regulate the taking 
the several kinds of fish, in Parker river and other 
streams within said town, or dispose of the privi- 
leges of taking tiie same to their own use and ben- 
efit, in any manner they may think proper, and shall 
choose by ballot, a committee consisting of three 
discreet persons, who shall cause the regulations 
adopted by said town to be carried into eJOfect, who 
shall be sworn to the faithful performance of their 
duty. 

Sec. 2. The selectmen for the time being shall Selectmen to 

o post up regula- 

post up at three or more public places in said town, ''°°*- 
the regulations established by said town respecting 
the fishery in the river and streams aforesaid. 

Sec. 3. If any person shall take any fish, in Fine for offence. 
said river and streams at any time, or in any place 
27 



210 



THOMPSON'S WHARF. 



Proviso. 



Repeal. 



April 19,1837. 



or manner, other than shall be allowed by said town 
as aforesaid, he shall for each offence, on convic- 
tion thereof, pay a fine not exceeding five dollars, 
to be recovered in any court proper to try the same, 
to the use of him who shall prosecute for the same : 
provided, however, that nothing contained in this 
act shall be so construed as to prohibit any in- 
habitant of the town of Rowley, from taking fish 
in that part of the branch of Parker river called 
Mill river, which constitutes the dividing line in 
part between the towns of Newbury and Rowley. 

Sec. 4. All acts and parts of acts inconsistent 
with the provisions of this act are hereby repealed. 

[Approved by the Governor, April 18, 1837.] 



CHAP. CXCVI. 

An Act to authorize the Proprietors of the Wharf 
formerly called " Thompson's Wharf," to extend 
the same. 



Proprietors au- 
thorized to ex- 
tend wharf. 



oE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The proprietors of the wharf in the city 
of Boston, formerly called Thompson's Wharf, ad- 
joining the wharf called Snow's Wharf, are hereby 
authorized and empowered to extend and maintain 
the said wharf straight into the harbor channel, as 
far as to a line drawn straight from the present 
northeasterly corner of Lewis' Wharf, so called, to 



ESSEX CO. TEACH. ASSOC. April 19, 1837. 211 

a point on the northerl}' end of said line, intersected 
by the southeasterly line or side of Union Wharf, 
extended straight as far as the proprietors of said 
Union Wharf are authorized to extend the same, by 
an act, entitled, an act to authorize the proprietors 
of Union Wharf to extend the same, passed on the 
twenty-seventh day of February, in the year one 
thousand eight hundred and twenty-nine : and the 
proprietors of the said wharf, formerly called Thomp- 
son's Wharf, shall have and enjoy the right and Rigius and privi- 
privilege of laying vessels at the northerly side, and ^^^''' 
at the end of their said wharf, and receiving wharf- 
age and dockage therefor : provided^ that so much of Provisos. 
said wharf as may be constructed in said channel 
shall be built on piles: and provided, that nothing 
herein contained shall be construed to authorize the 
proprietors of said wharf to lessen or injure the 
rights or property of the owner or owners of any 
wharf or wharves adjoining the said wharf, formerly 
called Thompson's Wharf. 

[Approved by the Governor, April 19, 1837.] 



CHAP. CXCVII. 

An Act to incorporate the Essex County Teachers' 
Association. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same^ as follows : 

Nehemiah Cleveland, Benjamin Greenleaf, George persons incorpo- 
Titcomb, their associates and successors, are hereby 



212 PERS. IMPRIS. FOR DEBT. April J9, 1837. 

made a corporation, by the name of the " Essex 
County Teachers' Association," to be established iu 
the county of Essex ; with all the powers and privi- 
leges, and subject to all the duties, liabilities and 
restrictions, set forth in the forty-fourth chapter 
Estate. of the Rcviscd Statutes ; and said corporation may 

hold real and personal estate to the amount of 
twenty thousand dollars, to be devoted exclusively 
to purposes of education, and the improvement of 
the qualifications of teachers. 

[Approved by the Governor, April 19, 1837.] 



CHAP. CXCVIIl. 

An Act concerning Persons Imprisoned for Debt, 
and relating to Bail. 

J>E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled^ and by the 
authority of the same, as follows : 
Persons impris- Sec. 1. Evcfy pcrson vvho is held in prison in 

oned may be dis- ... . . . • r> i • i . • 

charged by giv- any civil actiou, at the time when nnal judgment in 
'"^ °" * such action is rendered against him, shall be dis- 

charged upon giving to the creditor a bond, with 
sufficient surety or sureties, to be approved by two 
justices of the quorum, in a penalty not less than 
double the amount of the judgment, conditioned that 
he shall surrender himself at the same prison, to the 
keeper thereof, between the hours of eight and ten 
of the clock of the forenoon of the thirtieth day 
next after the rendition of said judgment, or, if said 
thirtieth day shall fall on Sunday, on the next fol- 



PERS. IMPRIS. FOR DEBT. April 19, 1837. 213 

lowing daj, which day shall be specified in the said 
bond, and there remain until five o'clock of the 
afternoon of the said day in said bond mentioned, so 
that he may be taken on the execution, if any, 
issuing on said judgment. 

Sec. 2. All the provisions of the laws relating ah laws relating 

, 1 . ^ I I • I /• I • I • • ^° bonds shall 

to bonds given lor the liberty ol the prison limits, apply to that giv- 

, , , . 1 • I 11 1 en in preceding 

by a debtor committed on execution, shall apply to section. 
the bond mentioned in the preceding section, as to 
the duty of the jailer, and the rights and liabilities 
of all the parties concerned, and also as to any suit 
and judgment on the bond, and all other things 
relating thereto, excepting as is otherwise provided 
in this act. 

Sec. 3. If an execution issuing on such judg- officer serving 

III, II- 1 rr 1 ■ r* 1 ^^ execution, 

ment shall be delivered to any omcer qualined to may leave it with 

, , . ..... the jailer, &c. 

serve the same, he may, at any time within thirty 

days after the rendition of judgment on which the 

same is issued, leave said execution, or a copy 

thereof, with the jailer ; and in such case the debtor 

shall, upon the surrender of himself as provided in 

said bond, be committed and held by the jailer upon 

the execution, in like manner as if he had been 

taken and committed thereon by the officer to whom 

the execution was delivered ; and the said officer 

shall return the taking and commitment in like 

manner, and shall be entitled to the same fees, as if 

the execution had been served in the common form ; 

and the jailer shall, immediately after the expiration Jailer to certify. 

of said term of thirty days, certify under his hand, 

upon the execution or copy so left with him, the 

fact that such debtor has or has not surrendered 

himself, according to the truth of the case, and give 

a similar certificate to the officer, on request, to be 

annexed to his return on the execution, and such 



214 PERS. IMPRIS. FOR DEBT. ylpril 19, 1837. 

certificate shall be deemed sufficient authority to 
the officer to make his return accordingly ; and such 
return, with the certificate annexed, shall be deemed 
prima facie evidence of the fact, as well on the 
question of breach of condition of the bond as in 
other cases. 
Jailer liable for Sec. 4. If the jailer shall give any false certifi- 

damaffes in giv- . . •iiiii i- 

ing false certifi- catc in the prcmiscs, It shall be deemed misconduct 

cate. 

in office, for which any party injured shall have a 
—entitled to fees, remedy in damages. On any surrender of a debtor 
to the jailer, on which he is taken in execution, the 
jailer shall be entitled to a fee of fifty cents ; and 
for a certificate thereof, or of the non-surrender of 
the debtor, a fee of twenty-five cents, to be paid by 
the officer, and charged among the expenses of serv- 
ing the execution. In all other cases where a cer- 
tificate is required, the jailer shall be entitled to a 
fee of twenty-five cents, to be paid by the party 
requiring the same. 
Person bailed to Sec. 5. If auv pcisou who has been bailed on 

be enlarged, by .... 

giving bond for mcsue pi'occss, iu auy civil actloH, shall be surren- 

his surrender. i i • ■ 

dered by his bail, at any time after final judgment 
in such action, he shall be enlarged upon giving to 
the creditor a bond like that before prescribed in 
this act, excepting that the condition thereof shall 
be for his surrender at the same prison on the thir- 
tieth day next after the surrender by his bail, the 
particular day on which the same will fall, and the 
particular prison at which the surrender is to be 
made, where there is more than one prison in the 
same county, to be specified in the condition of the 
bond. And all the other provisions relating to the 
bond first mentioned in this act, shall apply to the 
bond prescribed in this section. 

Sec. 6. Nothing contained in this act shall pre- 



on execu- 



STATISTICAL INFORMAT'N. Jpn719, 1837. 215 

vent any officer from taking the debtor, and commit- mHdeb"Mo°°"' 

ting him to prison on any such execution, at any [|on*'^°'' 

time within the said thirty days after the rendition 

of judgment, or surrender by the bail, as he might 

have done if such bond had not been given. And 

the commitment of the debtor in such case, shall be 

deemed equivalent to his surrender, according to 

the condition of his bond, and shall discharge the 

same. 

[Approved by the Governor, April 19, 1837.] 



CHAP. CXCIX. 



An Act to obtain statistical information in relation 
to certain branches of industry within the Com- 
monwealth. 

Jt>E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. i. The assessors of each town in the Com- Assessors of 
monwealth shall, between the first day of May and returns tothe 
the first day of October next, make a return to the staie. 
secretary of the Commonwealth, of the following 
facts, as they exist in each town on the first day of 
April preceding, to wit : The number of cotton mills Branches of in- 
in the town. The whole number of cotton spindles. 
Quantity of cotton consumed during the year end- 
ing April first, one thousand eight hundred and thir- 
ty-seven. Number of yards of cotton goods manu- 
factured during said year. Gross value of cotton 



216 STATISTICAL INFORMAT'N. April 19, US7. 

Branches of in- goods manufactured during said year. Number of 
males employed in the manufacture of cotton. 
Number of females employed in same. Amount of 
capital invested in the manufacture of cotton. The 
number of woollen mills in the town. Number of 
sets of woollen machinery. Quantity of wool con- 
sumed during said year. Number of yards of cloth 
manufactured. Gross value of woollen goods man- 
ufactured. Number of males employed in the man- 
ufacture of wool. Number of females employed in 
same. Amount of capital invested in manufacture 
of wool. Quantity of sperm oil used by manufac- 
turers. The whole number of Saxony sheep of 
different grades in the town. The whole number 
of merino sheep of different grades. The whole 
number of all other kinds of sheep. Whole num- 
ber of pounds of Saxony wool produced in said 
year. Whole number of pounds of merino wool. 
Whole number of pounds of all other kinds of 
wool. Average weight of fleece per head of all 
kinds of sheep. Gross value of wool produced in 
the town in said year. Amount of capital invested 
in the growing of wool. Number of pairs of boots 
manufactured during the year ending April first, one 
thousand eight hundred and thirty-seven. Number 
of pairs of shoes of all kinds. Gross value of 
boots and shoes manufactured. Number of males 
employed in the business. Number of females in 
same. Number of tanneries. Number of hides of 
all kinds tanned during said year. Gross value of 
leather tanned and curried. Number of hands em- 
ployed. Amount of capital invested in the busi- 
ness. Number of hat manufactories. Number of 
hats manufactured. Gross value of hats manufac- 
tured. Number of males employed. Number 



STATISTICAL INFORMAT'N. April \9, 1^37. 217 

of females. Number of paper mills. Number of Branches of in- 
tons of stock manufactured. Gross value of paper 
manufactured. Number of males employed. Num- 
ber of females. Amount of capital invested. 
Number of furnaces for manufacture of pig iron. 
Number of tons of pig iron made during said jear. 
Gross value of same. Number of hands employed 
in manufacture of pig iron. Amount of capital 
invested in manufacture of same. Number of for- 
ges. Number of tons of bar iron manufactured in 
said year. Gross value of bar iron manufactured in 
same. Number of hands employed in same. Amount 
of capital invested in same. Number of air and 
cupola furnaces. Tons of iron castings made during ^ 
said year. Gross value of same. Number of hands 
employed. Amount of capital invested. Number 
of nail factories. Number of tons of nails manu- 
factured during said year. Gross value of nails 
manufactured in said year. Number of hands em- 
ployed. Amount of capital invested. Number of 
scythe manufactories. Number of scythes manu- 
factured during said year. Gross value of scythes 
manufactured in same. Number of hands employ- 
ed in the business. Amount of capital invested in 
same. Number of axe manufactories. Number of 
axes manufactured during the year. Gross value of 
axes manufactured in same. Number of hands em- 
ployed in the business. Amount of capital invested 
in same. Number of manufactories of cutlery. 
Gross value of cutlery manufactured in the year. 
Number of hands employed in the business. Amount 
of capital invested. The number of metal button 
manufactories. Number of gross of metal buttons 
manufactured in said year. The value of metal but- 
tons manufactured in said year. Number of males 

28 



218 STATISTICAL INFORMAT'N. Jpnl\9,\837. 

Branches of in- employed ill the business. Number of females. 

dustry. , . . 

Amount of capital invested in the business. Num- 
ber of manufactories of shovels, spades, forks or 
hoes. Gross value of same manufactured in said 
year. Number of hands employed in the business. 
Amount of capital invested in the business. Num- 
ber of manufactories of glass. Gross value of glass 
manufactured in said jear. Number of hands em- 
ployed in the business. Amount of capital invested 
in same. Number of establishments for manufac- 
ture of chairs and cabinet ware. Gross value of 
same manufactured in said year. Number of hands 
employed in the business. Number of comb manu- 
factories. Value of combs manufactured in said 
year. Number of males employed in the business. 
Number of females. Number of plough manufac- 
tories. Number of ploughs manufactured in said 
year. Value of ploughs manufactured in said year. 
Number of hands employed in the business. Num- 
ber of manufactories of tin ware. Gross value of 
tin ware manufactured in said year. Number of 
hands employed in the business. Number of manu- 
factories of silk. Number of yards of silk goods man- 
ufactured in said year. Gross value of silk goods 
manufactured. Number of males employed in the 
business. Number of females. Amount of capital in- 
vested in the business. Value of wooden ware, of all 
kinds, manufactured in said year. Number of hands 
employed in the business. Number of distilleries. 
Number of bushels of grain distilled. Number of 
gallons of molasses distilled. Number of gallons 
of spirit distilled. Gross value of spirits distilled. 
Number of straw bonnets manufactured by the deal- 
er in the article. Gross value of straw bonnets and 
straw braid so manufactured. Number of palm-leaf 



STATISTICAL INFORMAT'N. April 19, 1837. 219 

hats manufactured by the dealer in the article. Branches of in- 
Gross value of palm-leaf hats so manufactured. 
Number of establishments for manufacture of salt. 
Number of bushels of salt manufactured in the 
year. Gross value of salt manufactured in the year. 
Number of hands employed in the business. Amount 
of capital invested in the business. The number of 
vessels built in the five years preceding April first, 
one thousand eight hundred and thirty-seven. 
Amount of tonnage of the same. Gross value of 
same. Number of hands employed in ship build- 
ing. Number of vessels employed in the whale 
fishery. Tonnage of same. Number of gallons of 
sperm oil imported during said year. Number of 
gallons of whale oil imported during said year. 
Gross value of sperm oil imported during said year. 
Gross value of whale oil imported during said year. 
Number of hands employed in whale fishery. 
Amount of capital invested in same. Number of 
vessels employed in the cod and mackerel fishery. 
Amount of tonnage of same. Number of quintals 
of codfish caught in said year. Gross value of same. 
Number of barrels of mackerel caught in said year. 
Gross value of same. Number of bushels of salt 
used in the cod and mackerel fishery in said year. 
Number of hands emjjloyed in said fishery. Amount 
of capital invested in same. Gross value of other 
articles or goods manufactured in the town during 
said year, with a description of the same. Number 
of hands employed in the business. Capital invest- 
ed in same. 

Sec. 2. The secretary of the Commonwealth Secretary to fur- 
shall cause to be printed blank tables, conveniently 
arranged for the return of the facts aforesaid, with 
ten blank columns for the returns of facts contem- 



220 STATISTICAL INFORMAT'N. Jpril \9,ISS7. 

plated in the last paragraph of the first section of 

this act, and shall furnish three copies of the same, 

together with a copy of this act, to the assessors of 

each town, on or before the first day of May next. 

Secretary to pre- Sec. 3. The Secretary of the Commonwealth, 

the Legislature, after he shall have received the returns aforesaid 

from the assessors of the several towns, shall cause 

to be prepared and printed, a true abstract of the 

same, with each column of figures of such abstract 

added up, for the use of the Legislature, at the 

next session thereof. 

Assessors' com- Sec. 4. Each asscssor shall receive from the 

pensation. r i r-. i i j n j 

treasury or the Commonwealth, one dollar and 
twenty-five cents a day for every day that he shall 
be employed in making the return aforesaid ; and 
the accounts of assessors for these services shall be 
audited by a committee of the Legislature, 
—may authorize ^^^' ^' '^^^ asscssors of any towu may author- 
tocoiiecr&c" ^^® either of their number, or some other suitable 
person, to collect the information required by this 
act, to whom the same allowance, per day, shall be 
made from the treasury of the Commonwealth, as is 
provided for the services of the assessors. 
— toforfeitin Sec. 6. If the asscssors of any towu shall wilfully 

case of neglect, j^ggjg^^.^ ^q make the return aforesaid, in the manner 
aforesaid, such assessors shall forfeit to the Com- 
monwealth a sum not exceeding one hundred dollars. 
When to take ef- ^^'C. 7. This act shall take effect from and after 
'^*''' its passage. 

[Approved by the Governor, April 19, 1837.] 



SHAVVMUT MILLS. Jpril \9, }H37. 221 



CHAP. CC. 



An Act relating to the Meetings of the Norfolk 
County Commissioners. 

r>E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The countj commissioners for the county of Nor- Commissioners 

r \\ I 1 1-1 1 •] 111 anthorized to 

lolk, are hereby authorized and required to hold a hold meeting in 

-f-,. 1 , • . , , , December. 

meeting at Dedham, in said county, on the last 
Wednesday of December, annually. 

[Approved by the Governor, April 19, 1837.] 



CHAP. CCI. 

An Act to incorporate the Shawmut Mills. 

oE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Arthur Livermore, Caleb Abbott, John Persons incorpo- 
Nesmith, their associates and successors, are hereby 
made a corporation, by the name of the Shawmut 
Mills, for the purpose of manufacturing cotton and 
woollen goods and machinery, in the town of Ando- 
ver, in the county of Essex ; and for these purposes 
shall have all the powers and privileges, and be sub- 



222 BOSTON AND ROXBURY. April 19, 1837. 

ject to all the duties, restrictions and liabilities, set 
forth in the thirty-eighth and forty-fourth chapters 
of the Revised Statutes. 
Estate. Sec. 2. The said corporation may hold for the 

purposes aforesaid, real estate to the amount of fifty 
thousand dollars, and the whole capital stock of said 
corporation shall not exceed one hundred thousand 
dollars. 

[Approved by the Governor, April 19, 1837.] 



CHAP. ecu. 

An Act to alter certain parts of the Boundary Line 
between the city of Boston and the town of 
Roxbury. 

XjE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Boundarybe- Sec. 1. The boundary line between the city of 

tween Boston ^ , /■ ii i i • i 

and Roxbury. Boston and the town o[ Uoxbury, which now runs 
on the easterly side of Plymouth street, shall be 
altered so that the same shall hereafter be estab- 
lished as follows, to wit : beginning at a stone mon- 
ument, which now marks the south corner bound of 
said city, being one hundred and forty-one feet 
easterly of said Plymouth street, and from the said 
monument running on a straight line in a northeast- 
erly direction to the centre point, (so called,) where 
the Roxbury old and new channels form a junction, 
being about four thousand five hundred feet from 
the said monument. 



QUINCY CANAL. Jpril 19, 1837. 223 

Sec. 2. The boundary line between the said 3^°""'''''7.°" . 

•^ I remont street, 

city and town, which now passes over a part of 
Tremont street in said city, shall be altered so that 
the same shall be hereafter established as follows, 
to wit : beginning on the southeasterly side of said 
Tremont street, at the centre of a bridge novv^ 
erected across the creek which divides the said city 
from said town, and thence running northwesterly 
at right angles with said Tremont street about two 
hundred and fifty feet, until it intersects the present 
boundary line be'tween said city and town, in the 
middle of said creek. 

[Approved by the Governor, April 19, 1837.] 



CHAP. CCIII. 

An Act in addition to an Act to incorporate the Pro- 
prietors of the Quincy Canal. 

JdE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The proprietors of the Quincy Canal are hereby Additional 

i r ^^ J J sessment. 

authorized to assess upon the shares of the capital 
stock of said corporation the sum of thirty dollars 
each, in addition to the sum specified in the act to 
which this is in addition. 

[Approved by the Governor, April 19, 1837.] 



224 COMEY'S WHARF. April 19, 1837. 



CHAP. CCIV. 



An Act authorizing Benjamin Comey to extend his 

Wharf. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Authorized to Benjamin Comey, proprietor of a certain wharf 

extend and main- . , , , r i"» r • r^ 

tain wharf, &c. in the northerly part or boston, fronting on Com- 
mercial street, and lying between Ripley's wharf 
and the town slip or Foster street, is hereby author- 
ized to extend and maintain his said wharf into the 
harbor channel, as far as the line established by the 
commissioners for the survey of Boston harbor, ap- 
pointed under a resolve of the Legislature passed 
March fifth, in the year one thousand eight hundred 
and thirty-five ; and that he shall have the right and 
privilege of laying vessels at the southeasterly side 
and the end of said wharf, and of receiving dockage 

Proviso. and wharfage therefor : provided, that so much of 

said wharf as shall be erected under this act, shall 
be built on piles, and that this grant shall in no wise 
interfere with the legal rights of any person or per- 
sons whatever. 

[Approved by the Governor, April 19, 1837.] 



STATE PRISON. April 19, 1837. 225 



CHAP. CCV. 

An Act concerning the State Prison and the govern- 
ment and discipline thereof. 

UE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows: 

Sec. 1. From and after the first day of April officers' salaries. 
current, the clerk of the State Prison shall be paid 
a salary of one thousand dollars ; the chaplain, a 
salary of nine hundred dollars ; each of the turn- 
keys, a salary of six hundred dollars ; and each of 
the watchmen, a salary of four hundred and fifty 
dollars a year : and there shall also be allowed suf- 
ficient fuel for all officers of the prison residing or 
boarding within the limits thereof. 

Sec. 2. There shall be paid to each of the turn- Additional pay, 
keys and watchmen in addition to their salaries, at 
the rate of fifty dollars for the year, for the time 
they served in those offices between the first day of 
April last, and the first day of April current ; and 
the officers of the prison, residing or boarding with- 
in the limits thereof, shall be reimbursed the ex- 
pense of their fuel for the same time. 

[Approved by the Governor, April 19, 1837.] 



29 



226 TREMONT MINING CO. April 19, 1837. 



CHAP. CCVl. 

An Act to incorporate the Tremont Mining Com- 
pany. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, asfolloics: 
Persons incorpo- Sec. 1. Cliarlcs MasoH, Charies Rice, Seth 

rated. ^ ' ' 

Mason, their associates and successors, are hereby 
made a corporation, by the name of the Tremont 
Mining Company, for the purpose of digging for, 
raising, or quarrying minerals, coals and metals, 
vending the same, and carrying on the various 
branches of the quarrying and mining business, in 
the counties of Bristol, Suffolk and Norfolk; and 
for these purposes shall have all the powers and 
privileges, and be subject to all the duties, restrictions 
and liabilities, set forth in the thirty-eighth and 
forty-fourth chapters of the Revised Statutes. 
Estate. Sec. 2. The said corporation may hold for the 

purposes aforesaid, real estate to the amount of 
one hundred thousand dollars, and the whole capital 
stock shall not exceed two hundred and fifty thou- 
sand dollars. 

[Approved by the Governor, April 19, 1837.] 



FOURTH UNIV. M. HOU. BOS. April 19, 1837. 227 



CHAP. CCVII. 



An Act relating to the appointment of Provers of 
Fire Arms. 

13 E it enacted by the Senate and House of Rep- 
resentatives, m General Court assembled, and by the 
authority of the same, as follows : 

The governor, with the advice and consent of the Covemortoap- 

, . , , point provers of 

council, shall appoint suitable persons, not exceed- firearms. 
ing six in each county, to be provers of fire arms, 
agreeably to the provisions of the twenty-eighth 
chapter of the Revised Statutes; any thing in said 
chapter to the contrary notwithstanding. 

[Approved by the Governor, April 19, 1837.] 



CHAP. CCVIII. 

An Act to incorporate the proprietors of the Fourth 
Universalist Meeting-House in Boston. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Joseph Harris, Jr., William P. Loring Persons incorpo- 
and Ebenezer Stevens, their associates and suc- 
cessors, are hereby made a corporation, by the name 
of the Proprietors of the Fourth Universalist Meet- 



228 STONEHAM MAR. & LIME CO. Jpril 19, 1837. 

ing-House in Boston, in the county of Suffolk; with 
all the powers and privileges, and subject to all the 
duties, restrictions and liabilities, set forth in the 
forty-fourth chapter of the Revised Statutes, and in 
that part of the twentieth chapter of said statutes 
which relates to the proprietors of churches or meet- 
ing-houses. 
^*^*'^- Sec. 2. Said corporation may hold personal and 

real estate to an amount not exceeding twenty 
thousand dollars : provided, that the annual income 
thereof be applied exclusively to parochial purposes. 

[Approved by the Governor, April 19, 1837.] 



CHAP. CCIX. 



An Act to incorporate the Stoneham Marble and 
Lime Company. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Persons incorpo* Sec. 1. Charlcs E. Bowcrs, EHas Kingsley and 
John Low, their associates and successors, are here- 
by made a corporation, by the name of the Stone- 
ham Marble and Lime Company, for the purpose of 
quarrying and manufacturing marble and lime and 
carrying on the business thereof in Stoneham, in 
the county of Middlesex, and in Boston in the coun- 
ty of Suffolk ; and for this purpose shall have all 
the powers and privileges, and be subject to all the 
duties, restrictions and liabilities, set forth in the 



SERVICE OF WRITS. April 19, 1837. 229 

thirty-eighth and forty-fourth chapters of the Re- 
vised Statutes. 

Sec. 2. The said corporation may hold for the Estate. 
purposes aforesaid, real estate to the amount of one 
hundred thousand dollars ; and the whole capital 
stock shall not exceed two hundred thousand dollars. 

[Approved by the Governor, April 19, 1837.] 



CHAP. CCX. 



An Act concerning the Service of Writs. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Trustee writs shall hereafter be served Trustee writs, 

how served. 

upon the principal defendant and trustee respective- 
ly, in the same manner as is now by law provided 
for the service of an " original summons without 
an attachment," in the thirty-ninth section of the 
ninetieth chapter of the Revised Statutes. 

Sec. 2. When by a trustee writ returnable be- —may run into 

„ • • r- I I • ^"y county, in 

fore a justice or the peace or police court, any per- case, &c. 
son is summoned as trustee who is liable to be 
charged as such, and the defendant resides within 
this Commonwealth, but in a county other than 
that of the trustee, said writ may run into any coun- 
ty, and be served on the defendant fourteen days at 
least before its return day, in the same manner as if 
it had issued from the court of common pleas. 

[Approved by the Governor, April 19, 1837.] 



230 



WINNISIMMET COMPANY. April 19, XSSl. 



CHAP. CCXI. 



An Act to authorize the extension of the Wharves 
and Landing Place of the Winnisimmet Com- 
pany. 



Company au- 
thorized to ex- 
tend wharves, 



Restriclioiis. 



Proviso. 



13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The Winnisimmet Company are hereby author- 
ized to extend their wharves, dock and landing 
place, situated near the foot of Hanover street, in 
the city of Boston, into and over the tide waters of 
the harbor, with the same right and privilege of 
using and occupying the flats within or adjoining 
their said wharves and structures, when so extend- 
ed, as they now have of using and occupying the 
flats within or adjoining the said wharves and struc- 
tures as they now are : provided, that said wharves 
and structures shall not in any part be extended be- 
yond the line proposed in the report of the commis- 
sioners, appointed for the survey of Boston harbor, 
under a resolve passed March the fifth, in the year 
one thousand eight hundred and thirty-five, as a 
limit to the extension of wharves in the city of Bos- 
ton ; and shall not be built otherwise than on piles 
within two hundred and twenty-five feet of said 
line ; and, provided, that nothing in this act con- 
tained shall in any wise impair or interfere with the 
private rights of any other person or persons what- 
soever. 



[Approved by the Governor, April 19, 1837.] 



ASPINWALL'S WHARF. April. ]9, 1837. 231 



CHAP. CCXH. 



An Act authorizing Samuel Aspinvvall to extend his 

Wharf. 

J3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Samuel Aspinwall, proprietor of a certain vvharf P'^°P'^ie'o'-a»- 

* ' i i thonzed to ex- 

in the northerly part of Boston, fronting on Com- tend wharf. 
mercial street, and l^ying between Constitution wharf 
and the Chelsea ferry-way, is hereby authorized to 
extend and maintain his said wharf into the harbor 
channel, as far as the line established by the com- 
missioners for the survey of Boston harbor, appoint- 
ed under a resolve of the Legislature, passed March 
fifth, in the year one thousand eight hundred and 
thirty-five ; and that he shall have the right and priv- 
ilege of laying vessels at the southeasterly side and 
the end of said wharf, and of receiving dockage and 
wharfage therefor : provided, that so much of said Restrictions. 
wharf as shall be erected under this act, shall be 
built on piles, and that this grant shall in no wise 
interfere with the legal rights of any person or per- 
sons whatever. 

[Approved by the Governor, April 19, 1837.] 



232 CHARLESTOWN WHARF CO. April 19, 1837. 



CHAP. CCXIII. 

An Act to authorize the Charlestown Wharf Com- 
pany to extend their wharves. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

rizTro"exiend° The Charlcstovvn Wharf Company, their succes- 
sors and assigns, are hereby authorized and empow- 
ered to extend and maintain their several wharves 
situate in Charlestown, in the county of Middlesex, 
and lying between Harris' wharf, and Charles Riv- 
er bridge, into the channel as far as to a line drawn 
straight from the present easterly corner of the end 
of Gray's wharf to a point on the said bridge, dis- 
tant fifty feet from the present end of Austin's 
wharf ; with the right and privilege to lay vessels 
at the sides and ends of said respective wharves. 

Restrictions. and fcceive wharfage and dockage therefor : provi- 
ded, that so much of said wharves respectively as 
may be constructed in said channel, shall be built on 
piles : and provided also, that nothing herein con- 
tained, shall be construed to authorize the proprie- 
tors thereof to lessen or injure the rights or proper- 
ty of the owner or owners of any wharf or wharves 
adjoining any wharf which may be so extended, or 
the legal rights of any other person or persons what- 
ever. 

[Approved by the Governor, April 19, 1837.] 



THIRD CONG. SOC, BEVER. April 19, 1837. 233 



CHAP. CCXIV. 

An Act to repeal the charter of the Nahant Bank. 

JBE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The act incorporating the president, directors and Act repealed. 
company of the Nahant Bank, passed the twenty- 
second day of March, in the year one thousand eight 
hundred and thirty-three, is hereby repealed. This when to take 
act shall take effect from and after its passage: 
provided, that nothing in this act shall be so con- proviso. 
strued as to absolve said corporation, or any director 
or stockholder thereof, from any liability created by 
the act hereby repealed. 

[Approved by the Governor, April 19, 1837.] 



CHAP. CCXV. 

An Act to change the name of the Third Congrega- 
tional Society in Beverly. 

JjE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

From and after the passage of this act, the name Name changed. 
of the Third Congregational Society in Beverly, in 
30 



234 



R. G. SHAW'S WHARF. 



April 19, 1837. 



the county of Essex, shall be changed, and the said 
society shall be known and called by the name of 
the Dane Street Society in Beverly ; any thing in 
the act incorporating said society to the contrary 
notwithstanding. 

[Approved by the Governor, April 19, 1837.] 



CHAP. CCXVI. 



An Act authorizing Robert G. Shaw to extend his 

Wharf. 



Proprietor au- 
thorized to ex- 
tend wharf. 



Restrictions. 



Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Robert G. Shaw, his heirs and assigns, are hereby 
authorized and empowered to extend and maintain 
his wharf, formerly called Atkins' wharf, and being 
the estate next to the northeasterly side of Charles 
River bridge, in the city of Boston, straight into the 
harbor channel, as far as to a line drawn southwesterly 
straight from a point in said channel, at the present 
westerly corner of Brown's wharf, to the northerly 
corner of Trull's wharf, and to make such extension 
of the present width of said Shaw's said estate, or 
any part thereof; and that said Shaw, his heirs and 
assigns, shall have and enjoy the right to lay vessels 
at the end and sides of his wharf, extended as afore- 
said, and to receive dockage and wharfage therefor: 
provided, that so much thereof as may be constructed 
in said channel, shall be built on piles; and provided, 



ROGUES AND VAGABONDS. April \9,US7. 235 

that nothing herein contained shall be construed to 
authorize the said Shaw, his heirs or assigns, to 
lessen or injure the rights or j)roperty of the owner 
or owners of any wharf or wharves adjoining the 
said estate of said Shaw, or to interfere with the 
legal rights of any other person or persons whatever. 

[Approved by the Governor, April 19, 1837.] 



CHAP. CCXVII. 



An Act concerning Rogues and Vagabonds. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Any person convicted of either of the offences offenders may 

dij-r-i • ri ijj ibe crmmitled to 

in the nrth section or the one hundred and work-house. 

forty-third chapter of the Revised Statutes, instead 
of being committed to the house of correction, may, 
at the discretion of the court or magistrate before 
whom the trial is had, be committed to the work- 
house, if any there be, established in the town in 
which said person has a legal settlement : provided. Proviso. 
said town be situated in the county in which the 
conviction occurs. 

[Approved by the Governor, April 19, 1837.] 



236 MALDEN BRIDGE. April 19, 1837. 



CHAP. CCXVIII. 

An Act in addition to an Act incorporating the Pro- 
prietors of" Maiden Bridge. 

joE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Rates of toll. Sec. 1. Tlic rates of toll to be received by said 

proprietors, from and after the passing of this act, 
shall be as follows, to wit : for each foot passenger, 
one cent; for each man and horse, three cents ; for 
each horse and cart, or wagon, four cents ; for every 
team drawn by more than one beast, six cents ; for 
every sled or sleigh drawn by one beast, five cents ; 
for every sled drawn by more than one beast, six 
cents ; for every sleigh drawn by more than one 
horse, twelve cents ; for each horse and chaise, car- 
ryall or buggy wagon, six cents ; for every coach, 
chariot, phaeton or curricle, twelve cents ; for each 
horse and neat cattle, not in teams nor rode on, two 
cents ; and for each sheep or swine, one cent. And 

When to revert said proprietors shall be entitled to receive said tolls, 

to the Common- -i i i ii i i • i i i -it 

wealth. until they shall have been reimbursed and paid the 

sum of nineteen thousand and five hundred dollars, 
and also the cost of all necessary repairs, im- 
provement and alterations of said bridge, which 
shall hereafter be made, and all necessary expenses, 
including a reasonable compensation to the directors 
and other officers, together with interest on said sum 
of nineteen thousand and five hundred dollars, and 
on said cost of repairs, improvements and altera- 



MALDEN BRIDGE. April 19, 1837. 237 

tious, and on said expenses, at the rate of six per 
cent, per annum, to be paid quarterly, and that then 
the said bridge shall revert to and become the prop- 
erty of the Commonwealth, and shall be surrender- 
ed by said proprietors, in good repair, and the obli- 
gations imposed on the said corporation shall then 
cease : provided, that no interest shall be allowed Proviso. 
for repairs, improvements and alterations, so far as 
the same shall have been made by the tolls actually 
collected and remaining, after deducting therefrom 
the interest and expenses to which said proprietors 
may have been entitled. 

Sec. 2. Three disinterested persons shall be ap- Governor to ap- 

* , , point commis- 

pointed by the Governor, with advice of the coun- sioners to audit 

' •' , . • 1 I accounts, &c. 

cil, as commissioners, who, together with the super- 
intendent of said bridge, shall sanction the repairs 
which shall be made, and direct how far the bridge 
shall be improved by being made solid, and audit 
and settle the accounts for all repairs, improvements 
and alterations : provided, the expenditures for re- Proviso. 
pairs and improvements, in any one year, shall not 
exceed the whole amount of tolls for that year, 
without the consent of the directors, unless the said 
commissioners shall choose to advance an additional 
sum, in which case it shall be expended as far as it 
can be done advantageously, and said commissioners 
shall be entitled to receive from the tolls of the cor- 
poration the amount so advanced and expended, 
with interest thereon at the rale of six per cent, per 
annum, to be paid quarterly, after the said corpora- 
tion shall have been first paid the whole amount ex- 
pended by them for repairs, and alterations, and ne- 
cessary expenses, and the interest, which may have 
become due according to the provisions of this act. 
Sec. 3. The said commissioners shall be paid 



238 MALDEN BRIDGE. April \9,IS31. 

Commissioners foF theli' scFvices bv said corporation, and the sum 

to be paid for • i i . 

services by cor- SO paid sHall be considered a part of the expenses of 

poration. * * 

the same : and when the sum of five thousand dol- 
lars shall have been received, over and above said 
alterations, improvements, repairs, expenses and in- 
terest, a dividend of the same shall be made to the 
stockholders in said corporation, to reduce said prin- 
cipal sUm of nineteen thousand and five hundred 
dollars. 
—to advance Sec. 4. The Said corporation, when required so 

money to widen -, ■, . ■, . . in r r i t 

the draw. to QO bj saiQ commissiouers, shall out oi lunds to be 

advanced to them, by said commissioners, widen the 
present draw in said bridge, to the width of thirty- 
six feet, and maintain the same, until said bridge 
shall revert to the Commonwealth, as herein provi- 

— to be repaid dcd. And Said commissioners shall be repaid by 

out of tolls col- . ■, . I ir I 1 1 1 

lected. said coiporatioii, one hair the sum thus advanced 

and expended in widening said draw, with legal in- 
terest thereon, out of toll to be collected at said 
bridge, after the said corporation shall have been re- 

Thc sum paid imburscd as is herein before provided. And the 

com'rs consider- . . . 

ed part of ex- suiu thus to be repaid to said commissioners, shall 

penses. 

be considered as part of the expenses to be reim- 
bursed to said corporation, from said tolls, before 
said bridge shall revert to the Commonwealth, under 
the provisions of this act. 
Fourth section of Sec. 5. So much of the fourth section of the 

former act re- ,.,,... it- • i • j 

pealed. act to which this IS HI addition, as requires the said 

bridge to be higher than Charles River Bridge, is 
hereby repealed, and the directors of said corpora- 
tion are authorized to lower the same, if they shall 
think, it expedient ; and the provisions of said act, 
so far as the same are inconsistent with the provis- 
ions of this act, are hereby repealed. 

[Approved by the Governor, April 19, 1837.] 



BOSTON CALICO WORKS. April 19, 1837. 239 



CHAP. CCXIX. 

An Act to incorporate the Boston Calico Works. 

JdE it enacted by the Senate and Bouse of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. David Gould, William Bittle and John Persons incorpo- 
Sawin, their associates and successors, are hereby 
made a manufacturing corporation, by the name 
of the Boston Calico Works, for the purpose of 
manufacturing, coloring and printing cottons, silks, 
and other similar fabrics in the town of Chelsea, in 
the county of Suffolk, and in the town of Danvers, 
in the county of Essex ; and for these purposes 
shall have all the powers and privileges, and be sub- 
ject to all the duties, restrictions and liabilities, set 
forth in the thirty-eighth and forty-fourth chapters 
of the Revised Statutes. 

Sec. 2. The said corporation may hold for the Estate. 
purposes aforesaid, real estate to the amount of one 
hundred thousand dollars, and the whole capital 
stock of said corporation shall not exceed the amount 
of two hundred thousand dollars. 

[Approved by the Governor, April 19, 1837.] 



240 TRIAL BY JURY. April 19, 1837. 



CHAP. CCXX. 

An Act relating to the Nantucket County Commis- 
sioners. 

J3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Repeal. So niuch of the sixth section of the eighty-fourth 

chapter of the Revised Statutes as relates to coun- 
ty commissioners for the county of Nantucket is 
hereby rej3ealed. 

[Approved by the Governor, April 19, 1837.] 



CHAP. CCXXI. 

An Act to restore the Trial by Jury, on questions 
of personal freedom. 

15 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Writ of personal Sec. 1. If any pcrsou is imprisoned, restrained 
of his liberty, or held in duress, unless it be in the 
custody of some public officer of the law, by force 
of a lawful warrant or other process, civil or crim- 
inal, issued by a court of competent jurisdiction, he 
shall be entitled, as of right, to the writ of person- 



replevin. 



TRIAL BY JURY. April 19, 1837. 241 

al replevin, and to be thereby delivered in the man- 
ner hereinafter provided. 

Sec. 2. The writ shall be issued from and re- Writ, when is- 
sued, &c. 

turnable to the court of common pleas, for the coun- 
ty in vi^hich the plaintiff is confined, and shall be is- 
sued fourteen days at least before the return day 
thereof. 

Sec. 3. It shall be directed to the sheriff of the ~^/e^^°" 
county, or his deputy, or to any of the coroners 
thereof, and shall be served by either, to whom it 
shall be delivered, without delay. 

Sec. 4. The said writ shall be in the form fol- 
lowing, viz : 

Commonwealth of Massachusetts. 

ss. To the sheriff of our county of Form of writ. 



(l. s.) or his deputy, or either of the coroners 
thereof, Greeting. 

We command you, that justly and without delay, 
you cause to be replevied C. D. who (as it is said) 

is taken and detained at , within our said 

county, by the duress of G. H., that he the said C. 
D. may appear at our court of common pleas, next 
to be holden at , within our county afore- 
said, then and there in our said court to demand 
right and justice against the said G. H. for the du- 
ress and imprisonment aforesaid, and to prosecute 
his replevin as the law directs : 

Provided, the said C. D. shall, before his deliv- 
erance, give bond to the said G. H, in such sum as 
you shall judge reasonable, and with two sureties at 
the least, having sufficient within your county, with 
condition to appear at our said court to prosecute 
his replevin against the said G. H., and to have his 
31 



242 



TRIAL BY JURY. 



April 19, 1837. 



Writ not to re- 
lease prisoner, 
unless, &c. 



The officer serv- 
ing writ answer- 
able, &c. 



Plaintiff may re- 
cover damages, 
in case, &,c. 



Defendant may 
recover costs, in 
case, &c. 



— when bail for 
plaintifif, to have 
judgment for. 



body there ready to be re-delivered, if thereto or- 
dered by the court ; and to pay all such damages 
and costs as shall be then and there awarded against 
him. Then, and not otherwise, are you to deliver 
him. And if the said C. D. be by you delivered at 
any day before the sitting of our said court, you are 
to summon the said G. H. by serving him with an 
attested copy of this writ, that he may appear at 
our said court to answer to the said C. D. 

Witness, L. S. Esq. at B , the day of 

, in the year . A. B. clerk. 

Sec. 5. No person shall be delivered from his 
imprisonment or restraint, by force of such writ, 
until he shall give bond in the manner expressed in 
the preceding section ; and the bond shall be re- 
turned with the writ, in like manner as a bail bond 
is returned, and shall be left in the clerk's office, to 
be delivered to the defendant when he shall de- 
mand it. 

Sec. 6. The officer, who serves the writ, shall 
be answerable for the insufficiency of the sureties 
in such bond, in like manner as he is answerable for 
taking insufficient bail in a civil action. 

Sec 7. If the plaintiff shall maintain his action, 
and shall make it appear that he was unlawfully im- 
prisoned or restrained, he shall be discharged, and 
shall recover his costs of suit against the defendant, 
as well as damages for the said imprisonment and 
detention. 

Sec. 8. If the plaintiff shall not maintain his 
action, the defendant shall have judgment for his 
costs of suit, and also for such damages, if any, as 
he shall have sustained by reason of the replevin. 

Sec. 9. If it shall appear that the defendant is 
bail for the plaintiff, or is entitled to the custody of 



TRIAL BY JURY. Jpn7 19, 1837. 243 

the plaintiff, as his child, ward, servant, apprentice 
or otherwise, he shall have judgment for a re-deliv- 
erv of the body of the plaintiff, to be held and dis- 
posed of according to law. 

Sec. 10. If it shall appear, from the return of c°"^^. "f-^Jf "« 

II' a capias^ lo ar- 

the writ of personal replevin, that the defendant has erse^aS;"'^^"' '" 

secreted or conveyed away the plaintiff's body, so 

that the officer cannot deliver him, the court shall, 

on niotion, issue a capias to take the defendant's 

body, and him safely keep, so that he may be had 

at the then next term of the court, to traverse the 

return of the said writ of personal replevin ; but the 

defendant may give, and the officer serving the same 

shall receive bail, as in civil case, for his appearance 

as aforesaid, in such sum as the officer may judge 

reasonable. 

Sec. 11. At the term at which the capias is Defendant to be 

discharged, &c. 

returned, the defendant may deny, by plea, tiie when not guilty 

I • r 1 • J T • u 11 of secreting, &c. 

return on the writ of replevin, and if it shall ap[)ear, 
on the trial thereof, that he is not guilty of secreting 
or conveying away the plaintiff, as set forth in the 
return, he shall be discharged and recover his costs. 

Sec. 12. If the defendant shall not traverse the — ifguiuy, to be 

imprisoned until 

said return as aforesaid, or if, upon the said traverse, he produces the 

. . body. 

the issue, on trial, shall be found against him, then 
an alias ivrit of capias shall be issued against him, 
and he shall thereupon be committed to the common 
jail, there to remain in close custody until he shall 
produce the body of the plaintiff, or prove him to 
be dead ; and if the defendant shall suggest such 
death at any time after committal as aforesaid, then 
the court shall impannel a jury to try the fact, at 
the expense of the defendant; and if the death be 
proved, the defendant shall be discharged. 

Sec. 13. If, at any time after such return of 



244 TRIAL BY JURY. April 19, 1837. 

Plaintiff to give secjetioii and conveying away as aforesaid, the 
surrender, &c. defendant shall produce the body of the plaintiff in 
the court to which the writ of personal replevin was 
returned, or in which the suit is pending, the court 
shall deliver the plaintiff from restraint, upon his 
giving bond agreeably to the condition of the writ 
of personal replevin ; and for want of such bond the 
plaintiff shall be committed, to abide the judgment 
on the replevin, and in cither case the suit shall be 
proceeded in, as if the plaintiff had been delivered 
on the writ of personal replevin. 
Parties may ap- Sec. 14. Eithor party may appeal from any judg- 
pea to tie . ^^^^^^ upon either of the matters aforesaid to the 
supreme judicial court, as in common civil actions; 
and in case of an appeal from the judgments which 
may be rendered under the writs of c«pz«5 aforesaid, 
the whole case shall be carried up to the supreme 
judicial court and be there disposed of, as it ought 
to have been in the court of common pleas, if there 
had been no appeal. 
Writ may be Sec. 15. The Writ of personal replevin may be 

hau oT the plain- sued out by any pcrson for cUid in behalf of the 
plaintiff, and may be prosecuted to final judgment, 
, without any express power for that purpose : jsro- 

vided, that the person so appearing for the plaintiff, 
shall, at any time during the pendency of the suit, 
, when required by the court, give security in such 

manner as the court shall direct, for the payment of 
all damages and costs that shall be awarded against 
the plaintiff. 
Defendant may Sec. 16. If the uamc of the defendant, or the 

be described i i i- i i i 

when name and pcrsou to be delivered, be unknown or uncertain, 

person isun- , . . , . i i • 

known. then in any writ, proceeding, or process under this 

act, they may respectively be described and pro- 
ceeded with, as is prescribed in the sixth and 



CHANGE OF NAMES. April 19, 1837. 245 

seventh sections of the one hundred and eleventh 
chapter of the Revised Statutes, in the writ of 
habeas corpus. 

Sec. 17. The thirty-eighth section of the one Repeal. 
hundred and eleventh chapter of the Revised Stat- 
utes, is hereby repealed. 

[Approved by the Governor, April 19, 1837.] 



CHAP. CCXXI[. 

An Act to change the names of the several persons 
therein mentioned. 

13 E it enacted by the Senate and House of Rep- 
resentatives^ in General Court assembled, and by the 
authority of the same, asfolloivs : 

Elizabeth Sprague, a minor, may take the name Suffolk, 
of Helen Elizabeth Sprague ; John Quincy Adams 
Conkey, may take the name of John Adams Con- 
key ; Luke George, may take the name of Albert 
George ; Charles Johnson, may take the name of 
Charles Borkley Johnson ; William Hersey, may 
take the name of William Glover Hersey; Walter 
White, may take the name of Franklin John Walter 
White; Benjamin Tappan, may take the name of 
Edward Antill Tappan ; Sarah W. Downey, may 
take the name of Sarah W. Johnson ; William Hcar- 
sey, may take the name of William Barron Hersey ; 
Matthew Tasker, a minor, may take the name of 
Matthew Calvert Tasker ; Charles Rhoades Lam- 
son, a minor, may take the name of Charles Lara- 



246 CHANGE OF NAMES. April 19, 1837. 

son; Robert Coe Burr, may take tiie name of L)e 
Vere Burr; .Terushee Goodwin Hamilton, may take 
the name of Melvina Jane Hamilton ; Nancy Smith, 
may take the name of Nancy Babcock ; John Smith, 
may take the name of John Clifton ; Martha Ann 
Smith, a minor, may take the name of Martha Ann 
Babcock ; Maria F. Smith, may take the name of 
Maria F. Clifton ; Joseph Dorr, merchant, may take 
the name of Joseph Goldthwait Dorr ; Isaac Wins- 
low Turn, a minor, may take the name of James 
VV. Chilton ; Henry John Stevenson Washburn may 
take the name of Henry Stevenson Washburn; 
all of the city of Boston, in the county of Suffolk. 
Essex. Daniel Verry of Danvers, may take the name of 

Daniel Malcom Verry ; Jacob Wiley, Jun. of Lynn- 
field, may take the name of George William Wi- 
ley ; Joseph Ober, third of Beverly, may take the 
name of Joseph Edwards Ober; William Nichols, 
Jun. of Amesbury, may take the name of William 
Howard Nichols ; William Cox of Lynnfield, may 
take the name of William Emerson Cox ; Eliza Wood- 
berry of Beverly, may take the name of Eliza Au- 
gusta Woodberry ; Hannah Elizabeth Batchelder a 
minor, of Danvers, may take the name of Mary Jane 
Batchelder; Sarah Stanwood of Ipswich, may take 
the name of Sarah Elizabeth Stanwood ; Sarah 
Rand of West Newbury, may take the name of Sa- 
rah Emery Rand ; Grover Burnham Perkins of Sa- 
lem, may take the name of Edward Burnham Per- 
kins ; Mary Abbott of Andover, may take the name 
of Mary James Abbott ; Sarah Ashworth of Ames- 
bury, may take the name of Sarah Taylor ; Dorothy 
Pearson Hills of Rowley, may take the name of 
Laura Ann Hills; William Gardner Endicott of Sa- 
lem, may take the name of William Crowninshield 



CHANGE OF NAMES. April 19, 1837. 247 

Endicott ; George Washington Read of Salem, may 
take the name of George Fox Read ; Daniel Syges- 
troni of Danvers, a minor, may take the name of 
Daniel Sygestrom Henderson ; Lois Peabody Spiller 
of Rowley, may take the name of Martha Ann Web- 
ster ; Charles Augustus Warren of Amesbury, may 
take the name of Nathan Burpee Jevvett ; Mary 
Farrington Warren of Amesbury, may take the name 
of Mary Farrington Jewett ; Olvvyn Jones of Glou- 
cester, a minor, may take the name of Olvvyn Trask 
Jones; Charles Lewis Newhall may take the name 
of Charles Lewis Delnow ; Martha Jane Newhall 
may take the name of Martha Jane Delnow ; Ellen 
Maria Newhall may take the name of Ellen Maria 
Delnow ; Hubbard Mortimer Newhall may take the 
name of Hubbard Mortimer Delnow ; and Charles 
Henry Newhall of Lynn, may take the name of 
Charles Henry Delnow ; John Clark of Salem, may 
take the name of John Daniel Clark, all of the 
county of Essex. Francis Albert Leighton of West- Middlesex. 
ford may take the name of Albert Leighton ; Mary 
Ann Brown of Lexington, a minor, may take the 
name of Mary Ann Gleason ; Caleb Symmes, 3d, of 
Charlestown, may take the name of Caleb Trow- 
bridge Symmes ; Albert Lawrence Bull of Concord, " 
may take the name of Albert Chester Lawrence ; 
Rhoda Ann Bull of Concord, may take the name of 
Rhoda Ann Lawrence ; Albert Lawrence Bull of 
Concord, a minor, may take the name of Albert 
Chester Lawrence. Caroline Matilda Thayer of 
Cambridge, may take the name of Caroline Thayer 
Penniman ; Susan A. Raymond of Maiden, may take 
the name of Susan Ann Barrett ; George Cook of 
Cambridge, may take the name of George Lincoln 
Cook ; Mary Adams Ferrell of Framingham, may 



248 CHANGE OF NAMES. April 19,\S37. 

take the name of Mary Barnes Adams ; Thomas 
Hovej of Cambridge, may take the name of Thom- 
as Green Hovey ; Allen Blood of Medford, may take 
the name of George Washington Allen ; Sarah Ban- 
croft of Townsend, may take the name of Sarah 
Proctor ; Caroline Clark of Framingham, a minor, 
may take the name of Caroline Buckminster Clark ; 
Charles Brown of Woburn, may take the name of 
Charles William Stevens ; William Greenough Blood 
of Woburn, may take the name of William Townsend 
Perry ; Fanny Vickers of Natick, may take the name 
of Fanny Wheeler; all of the county of Middlesex. 
Worcester. Matthew Davcnport of Boylston, may take the name 
of James Davenport; Eunice Tainter of Leomin- 
ster, may take the name of Elizabeth Eunice Tain- 
ter ; John Emery Marsh of North Brookfield, may 
take the name of John Edward Marshall ; Jarvis 
Hunting of Hubbardston, may take the name of 
William Jarvis Parker ; Joseph Park of Milbury, 
may take the name of Asa Lewis Park ; Isaac 
Smith, 2d, of Leominster, may take the name of 
Isaac Warren Smith; John Park, 2d, of Milbury, 
may take the name of John William Park ; Eliza- 
beth Maria Keyes of Leominster, may take the name 
of Maria Caroline Richardson ; William Peck of 
Royalston, a minor, may take the name of James 
W. Peck ; Silas Holman, 2d, of Bolton, may take 
the name of Silas W. Holman ; Salome Fay of 
Northborough, may take the name of Mary Salome 
Fay; William Houghton of Berlin, may take the 
name of William Addison Houghton ; George Hitch- 
cock of Sturbridge, a minor, may take the name of 
George Hitchcock Hudson; John Gleason, 3d, of 
Worcester, may take the name of John Fiske Glea- 
son ; Charles C. Pinckney of Spencer, may take 



CHANGE OF NAMES. April 19, 1837. 249 

the name of Francis Aaron Lyon ; Edwin Norcross 
of Shrewsbury, may take the name of Henry Wil- 
son ; Roger Phelps of Northborough, may take the 
name of Henry Rogers Phelps ; all of the county of 
Worcester. Maria Cowles, daughter of Eleazer Hampshire. 
Covvles of Amherst, may take the name of Maria 
Harriet Cowles ; Washington Everleth, George Ev- 
erleth and Lucy Hinsdale Everleth, of Belchertown, 
may respectively take the sur-iiamc of Eliot ; Zim- 
ri Everleth of the same Belchertown, may take the 
name of Charles Eliot ; lielief Russell of Hadley 
may take the name of Jane Russell ; Henry Fay of 
Ware, may take the name of Charles Brakenridge 
Fay ; Climene Clapp of Westhampton, a minor, may 
take the name of Climene Clapp Lyman ; all of the 
county of Hampshire. Dorcas W. Fisk of Ludlow, Hampden. 
may take the name of Elizabeth W. Fisk; Foster 
Newell Hitchcock of Brimheld, a minor, may take 
the name of Foster Newell ; Phiiieas Crouch of 
Brimfield, may take the name of James Munroe 
Clayton ; Ozni Underwood of Springfield, may take 
the name of Henry Robert Vaille ; all of the county 
of Hampden. Emily Field of Gill, may take the Franklin. 
name of Emily Gratia Field ; Ferona Drusilla 
Field of Gill, may take the name of Ferona Dwight 
Field; Reuel Coller of Northfield, may take the 
name of Reuel Collier; John Nash of Northfield, 
may take the name of John Farnsworth ; Mercy 
Allen of Gill, may take the name of Sarah M. Al- 
len ; Abel Bullock of Montague, may take the 
name of Abel Carpinter Adams ; George Kentfield 
of Montague, may take the name of George Lee 
Horton ; Rhoda Kentfield of Montague, may take 
the name of Jane Horton ; Phineas Hemenway, Jr. 
of Leverett, may take the name of James Phineas 

32 



250 



CHANGE OF NAMES. 



April 19, 1837. 



Norfolk. 



Bristol. 



Plymouth. 



Barnstable. 



Hemenwaj ; Jonah Ball, Jr. of Shutesbury, may 
take the name of Jonah Rudolph Ball ; all of the 
county of Franklin. Nial Bentley of Pittsfield, in 
the county of Berkshire, may take the name of 
James Henry Bentley ; Hannah S. Whittemore of 
Weymouth, may take the name of Augusta Whitte- 
more ; Alfred Tupper of Roxbury, may take the 
name of Alfred Tupper Gray ; Mary Woodward 
Tupper, wife of said Alfred, may take the name of 
Mary Woodward Gray ; Mary Woodward Tupper, 
a minor, and daughter of said Alfred and Mary, 
may take the name of Mary Woodward Gray; Au- 
gusta Greenleaf Tupper, daughter of said Alfred 
and Mary, may take the name of Augusta Green- 
leaf Gray ; Alfred Greenleaf Tupper, son of said 
Alfred and Mary, may take the name of Alfred 
Greenleaf Gray ; Helen Matilda Tupper, minor, 
daughter of said Alfred and Mary, may take the 
name of Helen Matild Gray; Edward Gray Tup- 
per, minor, son of said Alfred and Mary, may take 
the name of Edward Tupper Gray ; M. Edward 
Hunt of Braintree, may take the name of Edward 
Hunt ; James Trickey of Dedham, may take the 
name of James Lyman ; George Curtis of Roxbury, 
may take the name of George Scarborough Curtis ; 
Bezer Keith of Braintree, a minor, may take the 
name of Bezer Richmond Keith ; all of the county 
of Norfolk. Hanan Hack Skinner of Taunton, may 
take the name of Hanan Hack; William Blackmer, 
Jr. of New Bedford, may take the name of William 
Tisdale Blackmer ; George Frederick Wing of 
Dartmouth, may take the name of George Wing 
Slocum ; all of the county of Bristol. Louiza Beck 
of Duxbury, in the county of Plymouth, may take 
the name of Louisa B. Drew. Mayo Bassett of 



ESSEX ST. CONG. SOC. April 19, 1837. 251 

Yarmouth, in the county of Barnstable, may take 
the name of Isaac Mayo Bassett ; Michael Cook of 
Provincetown, may take the name of Harvey Cook ; 
Charles Thacher, minor, of Yarmouth, may take 
the name of Henry Charles Thacher : And the 
several persons before mentioned, from and after 
the passing of this act, shall be known and called 
by the names which, by this act, they are respect- 
ively allowed to assume as aforesaid ; and said 
names shall hereafter be considered as their only 
proper and legal names, to all intents and purposes. 

[Approved by the Governor, April 19, 1837.] 



CHAP. CCXXIII. 



An Act to incorporate the Essex Street Congre- 
gational Society. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1 . The proprietors of pews in the Union J^^^'^^^ '°*^"p°- 
Church, or Meeting-house so called, in Essex street 
in the city of Boston, and their successors, are here- 
by made a corporation, by the name of the Essex 
Street Congregational Society, with all the powers 
and privileges, and subject to all the duties, restric- 
tions, and liabilities, set forth in the forty-fourth 
Chapter of the Revised Statutes, and in that part 
of the twentieth chapter of said statutes, which re- 
lates to parishes or religious societies. 

Sec. 2. Said corporation may hold real and per- Estate. 



232 BANKS. Jpril 19, 1837. 

sonal estate, the annual income of which, exclusive 
of their meeting-house, shall not exceed the sum of 
three thousand dollars ; aiid provided, that the in- 
come be applied exclusively to parochial purposes. 

[Approved by the Governor, April 19, 1837.] 



CHAP. CCXXIV. 



An Act to restrain Banks from issuing their Notes, 
otherwise than for immediate circulation. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, asfolloios : 
Forfeiture for is- Sec. 1. No bank uow incorporated, or which may 

suing Bank notes ^ _ ... 

other tiian for im- be hereafter incorporated, within this Common- 
mediate circula- ' _ 

lion- wealth) shall loan or issue any of its notes or bills, 

excepting such post notes as are authorized by law, 
with an express or implied agreement or under- 
standing, that such notes or bills shall be kept from 
free circulation for a limited time, or that such notes 
or bills shall not be put into immediate circulation, 
or that they shall not be returned to the bank for 
redemption within a limited time ; and any bank 
which shall offend against the provisions of this act, 
shall forfeit and pay to the use of the Commonwealth 
a sum not exceeding one half, nor less than one- 
fourth part of the whole amount loaned or issued 
contrary to the intent and meaning of this act. 

When to take Sec. 2. This act shall take effect from and 

effect. r- n* 

after the 1st of May next. 
Repeal. Sec. 3. The act passed April 16th, in the year 



CHELSEA BANK. April 19, 1837. 253 

eighteen hundred and thirty-six, entitled " an act 
authorizing banks to borrow money and to issue 
post notes," is hereby repealed : the repeal to take 
effect from and after the 1st of February next. 

[Approved by the Governor, April 19, 1837.] 



CHAP. CCXXV. 



An Act to repeal the charter of the Chelsea Bank. 

jjE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The act entitled an "act to establish ^^''^Yg'^^'*- 
the Chelsea Bank" passed April the sixteenth, in 
the year one thousand eight hundred and thirty-six, 
is hereby repealed : provided, that nothing in this P"^"^'^"- 
act shall be so construed, as to absolve the said cor- 
poration, or any director or stockholder thereof, 
from any liability created by the act hereby re- 
pealed. 

Sec. 2. This act shall take effect from and after whentotake 

eiiect. 

its passage. 

[Approved by the Governor, April 19, 1837.] 



254 RAIL-ROAD CORPORATIONS. JpnYlQ, 1837, 



CHAP. CCXXVI. 



An Act concerning Rail-road Corporations. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Rail-road corpo- gj,^.^ ]^ If anv rail-road corporation which has 

rations may al- •' r 

turn*^°ikero'ad hccn or maj be established, shall think proper 
^'^- to alter the course of any turnpike-road, canal, or 

feeder to any canal, where the same interferes with 
the convenient location of their rail-road, they may, 
with the consent of the turnpike or canal corpora- 
tion, alter the same accordingly. 
Turnpike corpo- Sec. 2. Whenever a turnpike road, or any part 

rations may as- . • i i • i • 

sign and trans- thcrcof, shall interfere with the convenient location 

fer their fran- 
chise to R. R. of any rail-road, the turnpike corporation may, in 

Corp. in case,&c. ' . 

pursuance of a vote therefor, at a meeting called for 
that purpose, assign and transfer their franchise to 
the rail-road corporation, as to the whole or any 
part of their turnpike-road, upon such terms as shall 
be agreed upon between them ; and thereafter all 
the rights and duties of such turnpike corporation, 
so far as the same relate to the part of the road so 
assigned, shall cease and be discontinued ; and the 
said rail-road corporation may locate their road upon 
the same ground, or any part thereof, ^n the same 
manner as upon any other parts of their route. 
Corporations to Sec. 3. No tumpikc-road shall be assigned or 

obtain consent ir-ii • r •■ i -ii 

of commission- uscd lor the locatiou or any rail-road, as provided 
in the preceding section, without the consent in 
writing of the county commissioners of the county 



ers. 



RAIL-ROAD CORPORATIONS. April \9,\S37. 255 

in which said turnpike, or the part to be assigned, is 
situated : provided, however, that if the said turn- Proviso, 
pike, or the part to be assigned, shall be located in 
two or more counties, then the common pleas in ei- 
ther of" said counties shall have the same jurisdic- 
tion and power in the premises, as are by this sec- 
tion given to the commissioners, when the road to 
be assigned is situated in but one county. 

Sec. 4. When the land or other property of any tYu'eTcomJis- 
person is taken, under the provisions of either of ^atrdamres 
the first two sections of this act, he shall be entit- 
led to damages, to be estimated by the commission- 
ers of the county where said property is situated, 
leaving to the parties respectively the right of ap- 
peal, as is provided in the fifty-seventh section of 
the thirty-ninth chapter of the Revised Statutes. 

Sec. 5. The annual report, required by the eigh- ^i^^ed'jn'annuai 
ty-second section of the thirty-ninth chapter of said "^^p"''- 
Revised Statutes, shall specify under distinct heads, 
the total amount of capital paid in, the total amount 
of expenditures during the past year ; specifying 
the amount of repairs on the road, the amount of 
repairs on the engines and cars, and the amount of 
other miscellaneous expenses ; said report shall al- 
so state the total amount of receipts during the past 
year ; specifying the amount received for the trans- 
portation of passengers, the amount for the trans- 
portation of merchandize, and the amount of other 
miscellaneous receipts ; also the amount divided du- 
ring the past year, and the rate per cent, of such 
dividends. 

Sec. 6. In addition to the annual report re- Corporation to 

. ., 'Ill n'^l'c ^ special 

quned in the preceding section, said corporation shall, report. 
when they shall have completed and opened their 
road for use, make a report under oath, to the le- 
gislature, stating the total amount of capital paid in, 



256 RAIL-ROAD CORPORATIONS. April 19, 1837. 

specifying the amount expended in constructing 
their road, the amount expended for engines and 
cars, the amount expended for depots, car-houses 
and other buildings, and the amount of all other 
miscellaneous expenses. Said report shall also state 
the length of the road, the number of planes on said 
road, with their inclination per mile, the greatest 
curvature on said road, the average width of the 
grade, and the manner in which the rails are sup- 
ported. 

Punishment for c;r^„ '^ 1)17U • C ^ ^^ 

negligence. '^Ec. 7. Whenever any engmeer, nreman, or 

other agent of any rail-road corporation shall be 
guilty of negligence or carelessness, whereby an in- 
jury is done to any person or corporation, he shall 
upon conviction be punished by imprisonment in the 
county jail for a term not exceeding twelve months, 
or by a fine not exceeding one thousand dollars : 
provided, that nothing contained in this section shall 
exempt the said corporation from an action in dam- 
ages to any person or corporation sustaining said 
injury. 

JiLcedTpon'*' ^^ Sec. 8. No rail-road corporation shall run, or 

*'^*'"" permit to be run upon their road, any train of cars 

moved by steam power, for the transportation of 
passengers, unless there shall be placed upon the 
train one trusty and skilful brakeman to every two 
cars in said train. 

Corporation re- Sec. 9. Whcu any iujury is done to a building 

sponsible for in- , „ . . 

jury. or Other property or any person or corporation, by 

fire communicated by a locomotive engine of any rail- 
road corporation, the said rail-road corporation shall 
be held responsible in damages to the person or cor- 
poration so injured, unless the said corporation shall 
show that they have used all due caution and dili- 
gence, and employed suitable expedients to prevent 
such injury. 



COMMON SCHOOLS. 



Ajjril 19, 1B37. 



257 



Sec. 10. Any rail-road corporation shall have insurable imer- 
an insurable interest in such property, as is mention- 
ed in the section next preceding, along its route, and 
may procure insurance thereon in its own name and 
behalf. 

[Approved by the Governor, April 19, 1837.] 



CHAP. CCXXVII. 



An Act concerning the Returns of Common Schools. 

jjE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The school returns required in the sixty- Common school 

T J returns. 

second section of the twenty-third chapter of the 
Revised Statutes, shall, so far as respects the several 
schools in each city and tow^n, contain true state- 
ments in relation to the following particulars, and 
shall be made in the following form : 



I Number of 
iScholars of all 
I ages in each 
I Common 
School. 



Form of return. 



Average at- IThenumber Number of t Number of j Wages paid 
tendance in of months Teachers in Teachers in per month, 
the several ! ea. school each school each school including 



Schools. 



is kept. 



in Summer.! in Winter. 



Board. 



33 



258 COMMON SCHOOLS. April 19, 1837. 

Answers re- Sec. 2. TIic Said scliool letums shall, in addition 

quired respecting - 

all the schools, to tlic Statements required in the jireceding section, 
contain also trne answers to the following general 
inquiries, respecting all the schools kept in each 
city or town, and shall be in the following form : 

Interrogatories. 1. What amouut of moncj is raised by taxes for 
the support of schools .^ 

2. What amount of the money raised by taxes is 
paid for teachers' wages ; including the sums paid 
for the board of teachers, when paid from the public 
money ? 

3. What amount is raised by voluntary contribu- 
tion and applied to prolong common schools; in- 
cluding the value of fuel and board, if contributed ? 

4. Are there any academies or private schools? 
If any, what number of months is each kept .^ And 
what is the average number of scholars attending 
each ? 

5. What is the estimated amount of money paid 
for tuition in academies and private schools, kept in 
the town ? 

6. What number of persons are there in the town 
between the ages of four and sixteen years? 

7. What books are chiefly used for the purposes 
of instruction in Sjielling, reading, arithmetic, gram- 
mar, geography, history, algebra, and geometry? 

8. Are there are any local funds for the support 
of common schools? If any, what is their amount; 
and what their annual income? 

Repeal andap- Sec. 3. The sixty-third aud sixty-foufth scctioHS 

plication of sec- i • i i /- i r» • i o 

twnsin23dch. ol the twcnty-tlurd chapter or the Kevised Statutes, 
are hereby repealed ; and all reference to those sec- 
tions contained in other sections of the twenty- 
third chapter, shall be considered as applying to the 
first and second sections of this act. 

[Approved by the Governor, April 19, 1837.] 



R. S. 



LUNATICS. April 19, 1837. 259 



CHAP. CCXXVIII. 



An Act concerning Lunatics. 

oE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. L The judges who are authorized bj the Judge may hear 

r -III /- I n • 1 £M ^'"^ determine 

lortj-eighth chapter ot the nevised statutes to complaints 

, . I c-i T • Ti • 1 against lunatics. 

commit lunatics to the State Lunatic Hospital, may 
hear and determine complaints ao;ainst persons 
charged as being lunatics, at such times and places 
as the said judges respectively shall appoint, and 
whenever request for that purpose shall be made by 
the person complained against, they shall issue a 
warrant to the sheriff, or any deputy of the sheriff, 
in their respective counties, directing such sheriff or 
deputy to summon a jury of six lawful men, to hear 
and determine the question whether the person 
complained against is so furiously mad as to render 
it manifestly dangerous to the peace and safety of 
the community that such person should be at large. 

Sec. 2. The said jurors shall be selected in Empanneiiingof 
equal numbers from the town in which the trial ^'^'^' 
shall be had and one adjoining town, or from two 
adjoining towns, as the judges aforesaid respectively 
shall direct, and the same proceedings shall be had 
in selecting and empannelling said jury, and they, 
together with officers and witnesses who shall be in 
attendance, shall be entitled to such compensation 
as is prescribed in the twenty-fourth chapter ol" the 
Revised Statutes : provided, that in the counties of 



260 LUNATICS. April ]9, \S37. 

Suffolk and Nantucket all the jurors may be taken 
from the same town. 

oatb. Sec. 3. The said judges respectively shall pre- 

side at such trial, and administer to the jury an oath 
faithfully and impartially to try said issue, and the 
verdict of the jury shall be final on said complaint. 

Deficiency in Sec. 4. If there sliall not be a full jury of the 

jury, how filled. f . II *l 

persons summoned, by reason or challenges or oth- 
erwise, the said judges respectively shall cause the 
officer who summoned the jury, or in his absence 
the officer attending the jury, to return some suit- 
able person or persons to supply the deficiency, and 
they shall have the same authority as the supreme 
judicial court and court of common pleas have by 
law to enforce the attendance of jurors and witnes- 
ses, and to inflict fines for non-attendance. 
Expense of trial, Sec. 5. The cxpcuses of such trial, including 

&c. how paid. . 1 II I ^-r J 

the fees oi all necessary witnesses, shall be certined 
and allowed by the said judges respectively, and 
paid out of the treasury of the county in which such 
trial shall be had. 
Salaries of offi- Sec. 6. The Salaries of the superintendent, the 

cers of the hos- , ... , , r • i i 

pitai, how paid, assistaut physiciau. Steward and matron or said hos- 
pital, shall be paid quarterly, out of the treasury of 
the Commonwealth, and warrants shall be drawn 
therefor, and no charge shall be made against any 
lunatic, or any person or corporation who shall be 
liable for his support at said hospital, on account of 
said salaries. 
The word "settle- Sec. 7. The woid " Settlement," in the ninth 
Sd. °"''^°"" section of the said forty-eighth chapter of the Re- 
vised Statutes, shall be construed and taken to mean 
residence, in all adjudications which shall be had 
thereon : provided, that if it shall be made to ap- 
pear that the lunatic for whom payment is demand- 



HARBOR OF BOSTON. April 19, 1837. 261 

ed has no settlement within this Commonwealth, 
the town of his residence shall not be liable for the 
expense incurred on his account, as provided in said 
section. 

[Approved by the Governor, April 19, 1837.] 



CHAP. CCXXIX. 

An Act to preserve the Harbor of Boston, and to 
prevent encroachments therein. 

oE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The line hereinafter described, from the Established line 
Free Bridge in the harbor of Boston to Warren h°ar'bor''^^ 
Bridge in said harbor, shall be and the same is 
hereby established as one of the lines in said harbor, 
beyond which no wharf or pier shall ever hereafter 
be extended into and over the tide water of the 
Commonwealth. 

Sec. 2. The said line begins at the east end of Boundary of 
the north abutment of the Free Bridge, and runs 
straight to the southerly corner of Brown's wharf; 
thence, by the end of the same, and of Wright's four 
wharves, fronting on the channel, to the east corner 
of Wright's northeast wharf; thence, on a straight 
line, to the south corner of Wales' wharf, and by the 
end to the east angle of the same ; thence, from this 
last point straight to the east corner of Russia 
wharf; thence to the south angle of Fort Hill wharf 
straight, and by the end of the wharf to the east 



262 HARBOR OF BOSTON. April 19, 1837. 

Boundary line, comer ; thciice to the south corner of Arch wharf 
the line is straight; the line then follows the end of 
the last and Otis' wharf to the east corner of the 
last ; the direction is then straight to the southeast 
angle of Foster's south wharf; then straight to the 
south corner of Rowe's wharf. From this point in 
a straight direction to the south corner of Long 
wharf; thence straight to the south angle of the 
advanced part of the said wharf, and by the end of 
the same to the east corner thereof; thence the line 
is straight to the east end of Union wharf. From 
the last point straight to the southeast corner of 
Battery wharf. Here the three next lines com- 
mence to advance further into deep water than the 
following wharves, to the west corner of Gray's, 
and are thus drawn through the southeast angle of 
Battery and the west corner of Gray's wharf; a 
circular arc is struck, with a radius of twelve hun- 
dred feet, and three equal chords of four hundred 
and seventy feet are drawn upon this arc ; then 
from Battery wharf the line is northerly four hun- 
dred and seventy feet, forming an angle of twenty- 
seven degrees and fifteen minutes with the chord of 
the said arc. From the end of the last the line is 
also four hundred and seventy feet long, and parallel 
with the said chord. From the end of the last men- 
tioned line the line is four hundred and seventy feet 
to the west corner of Gray's wharf, forming the same 
angle with the chord of the whole arc as that from 
Battery wharf. From Gray's the line is straight to 
the north corner of Vinal's wharf. The line then 
passes along the end of this and Brown's wharf to 
the west corner of the last ; thence straight crossing 
Charles River bridge to the northeast corner of 
Trull's wharf; thence the line is straight to the 



HARBOR OF BOSTON. April \9,\S37. 263 

south abutment of Warren bridge. Wliich said line 
thus described is part of the line reported by com- 
missioners appointed under the resolve, passed the 
fifth of March, in the year one thousand eight hun- 
dred and thirty-five, to survey the harbor of Boston, 
and by said commissioners drawn and defined on 
plans by them taken, and deposited in the library, 
excepting that the line herein described and intend- 
ed, varies from the line of said commissioners by 
crossing Charles River bridge in a straight line from 
Brown's wharf to Trull's wharf, as above expressed. 

Sec. 3. No wharf, pier or building, or incum- Extension of 
brance of any kind, shall ever hereafter be extended ^'^'^'^^es, &c. 
beyond the said line into or over the tide water in 
said harbor. 

Sec. 4. No person shall enlarge or extend any No wharf, (tc. 

... . .... ■■ , . to be extended, 

wharr or pier, which is now erected on the inner without leave. 
side of said line, further towards the said line than 
such wharf or pier now stands, or than the same 
might have been lawfully enlarged or extended be- 
fore the passing of this act, without leave first ob- 
tained from the Legislature. 

Sec. 5. No person shall in any other part of the No wharf, &c. to 

[)Q erected in 

said harbor of Boston, belonging to the Common- harbor. 
wealth, erect or cause to be erected any wharf or 
pier, or begin to erect any wharf or pier therein, or 
place any stones, wood or other materials in said 
harbor, or dig down or remove any of the land cov- 
ered with water at low tide, in said harbor, with in- 
tent to erect any wharf or pier therein, or to enlarge 
or extend any wharf or pier now erected : provided, 
however, that nothing herein contained shall be con- 
strued to restrain or control the lawful rights of the 
owners of any lands or flats in said harbor. 

Sec. 6. Every person offending against the pro- offences, how 

■^ ^ ^ ^ ^ punished. 



264* WASHINGTON MAN. CO. April 19, 1837. 

visions of this act, shall be deemed guilty of a mis- 
demeanor, and shall be liable to be prosecuted 
therefor, bj indictment or information, in any court 
of competent jurisdiction, and on conviction shall be 
punished by a fine not less than one thousand dol- 
lars, nor more than five thousand dollars, for every 
offence, and any erection or obstruction which shall 
be made, contrary to the provisions and intent of 
this act, shall be liable to be removed and abated as 
a public nuisance, in the manner heretofore provided 
for the removal and abatement of nuisances on the 
public highvi^ays. 
No ashes, &c. to Sec. 7. No ashcs, cinders or other rubbish, or 

be thrown inlo 

the harbor. materials of any description shall be put or thrown 
out of any steam boat in the harbor of Boston above 
Fort Independence, under a penalty of ten dollars 
for each offence. 

Sec. 8. This act shall go into operation from 
and after the passing of the same. 

[Approved by the Governor, April 19, 1837.] 



CHAP. CCXXX. 



An Act in addition to an Act to incorporate the Wash- 
ington Manufacturing Company. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Capital stock in- Sec. 1. The Washington Manufacturing Com- 
pany, incorporated on the sixteenth day of March, 



FIRST PARISH IN TRURO. April 19, 1837. 265 

in the year one thousand eight hundred and thirty- 
seven, are hereby authorized to increase their cap- 
ital stock by the addition thereto of real estate not 
exceeding the amount of twenty thousand dollars, 
and the said corporation rnay locate their works in 
the town of Millbury, in the county of Worcester, 
any thing in the act to which this is in addition to 
the contrary notwithstanding. 

Sec. 2. ' This act shall take effect from and after Sec"'"'^'" 
the passage of the same. 

[Approved by the Governor, April 19, 1837.] 



CHAP. CCXXXI. 



An act to authorize the sale of Ministerial Lands by 
the First Parish in Truro. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The first parish in Truro is hereby au- Authorized to 

' -^ sell land. 

thorized to sell several tracts of land owned by said 
parish, and lying in said town, and the treasurer of 
said parish, for the time being, is authorized to exe- 
cute a deed or deeds to convey the same. 

Sec. 2. The proceeds of the sale or sales of said Proceeds, how 

^ ^ _ iuvested. 

land as aforesaid, shall be invested in such manner 
as said parish shall direct : provided, however, that 
the income only, and no part of the principal, shall 
be applied for the support of the ministry in said 
parish. 

34 



266 HARRIS' WHARF. April 19, 1837. 

whentotake Sec. 3. Tliis act shall take effect from and after 

effect. 

the passage of the same. 

[Approved by the Governor, April 19, 1837.] 



CHAP. CCXXXH. 



An Act authorizing the proprietors of Harris' Wharf 
to extend the same. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
tho°nzed°io%T- ^^^ Proprietors of the wharf in Charlestown now 
gnd their wharf, (.jjHej ^nd known by the name of Harris' wharf, and 
lying between Swett's wharf and Gray's Wharf so 
called, are hereby authorized and empowered to ex- 
tend and maintain the said wharf straight into the 
harbor channel, as far as to a line drawn straight 
from the westerly end of said Swett's wharf, to the 
easterly end of said Gray's wharf; and the proprie- 
tors of the said Harris' wharf shall have and enjoy 
the right and privilege of laying vessels at the sides 
and end of their said wharf, and receiving dockage 
Restrictions. and wharfagc therefor : provided, that so much of 
said wharf as may be constructed in said channel 
shall be built on piles: and provided, ihcit nothing 
herein contained shall authorize the proprietors of 
said Harris' wharf to interfere with the legal rights 
of any other person or persons whatever. 

[Approved by the Governor, April 19, 1837.] 



INGEllSOLL'S WHARF. Jpril 19, 1837. 267 



CHAP. CCXXXIH. 



An Act concerning Auctioneers. 

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 : 

Any auctioneer, appointed according to the pro- Auctioneer may 

•^ ' r J a ( sell m any lown 

visions of the twenty-ninth chapter of the Revised wuhin his county. 
Statutes, is herehy authorized and empowered to 
sell at public auction, in any town within his coun- 
ty, any thing in the said twenty-ninth chapter to the 
contrary notwithstanding. 

[Approved by the Governor, April 19, 1837.] 



CHAP. CCXXXIV. 



An Act authorizing James Ingersoll to extend his 

Wharf. 

XjE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as folloivs : 

James Ingersoll, proprietor of a certain wharf in Proprietor may 

II r rt extend his 

the northerly part of Boston, fronting on Commer- ^haro&c. 
cial street, and lying between Vinal's wharf and 
Chamberlin's wharf, is hereby authorized to extend 
and maintain his said wharf into the harbor channel, 



268 SALEM & BOSTON STAGE CO. April 19, 1837. 

as far as the line established bj the commissioners 
for the survey of Boston harbor, appointed under a 
resolve of the legislature, passed March fifth in the 
year one thousand eight hundred and thirtj-iive ; 
and that he shall have the right and privilege of lay- 
ing vessels at the sides and the end of said wharf, 
and of receiving dockage and wharfage therefor: 
Restriction. providcd, that so much of said wharf as shall be 
erected under this act shall be built on piles, and 
that this grant shall in no wise interfere with the 
legal rights of any person or persons whatever. 

[Approved by the Governor, April 19, 1837.] 



CHAP. CCXXXV. 

An Act to repeal the Charter of the Salem and Bos- 
ton Stage Company. 

J3E it enacted by the Senate and House of Rep- 
rese7itatives, in General Court assembled^ and by the 
authority of the same, as follows : 

Company's char- Sec. 1. Au act entitled an act to incorporate 

errep a . ^^^ Salem and Boston Stage Company, passed on 
the fourth day of March in the year one thousand 
eight hundred and twenty-nine, is hereby repealed : 

Proviso. provided, that nothing in this act shall be so con- 

strued as to absolve the said corporation, or any 
director, or stockholder thereof, from any liability 
created by the act hereby repealed. 

When to take Sec. 2. This act shall take effect ninety days 

after its passage. 



eflfect 



[Approved by the Governor, April 19, 1837.] 



MASS. HEMP. CO. April 20, 1837. 269 



CHAP. CCXXXVI. 



All Act concerning Depositions. 

13 E it enacted hy the Senate and House of Rep- 
resentatives, in General Court assembled, and hy the 
authority of the same, as folloios : 

Any witness, not having; his place of abode in this witness may be 

, . • summoned to 

State, but beino; at the time herein, maybe sum- give his deposi 
moned and compelled to give his deposition at any 
place within ten miles of the place at which the 
summons is served upon him, in the like manner, 
and under the same penalties, as he may be sum- 
moned and compelled to attend as a witness in any 
court. 

[Approved by the Governor, April 19, 1837.] 



CHAP. CCXXXVII. 

An Act to alter the location of the Massachusetts 
Hemp Company. 

JjE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The Massachusetts Hemp Company is hereby L^ocation chang- 
authorized to locate the same in the town of Rox- 
bury, in lieu of the city of Boston. 

[Approved by the Governor, April 20, 1837.] 



270 ALIEN PASSENGERS, Aj)ril 20, 1837. 



CHAP. CCXXXVIII. 



An Act relating to Alien Passengers. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
cers to"exam°ine Sec. 1. When any vcsscl siiall arrive at any port 

into the condition ■ ■ • j • i • oi r i 

ofpassengers. or liaruor withui this fetate, from any port or place 
without the same, with alien passengers on board, 
the officer or officers whom the mayor and aldermen 
of the city, or the selectmen of the town where it is 
proposed to land such passengers, are hereby author- 
ized and required to appoint, shall go on board such 
vessel and examine into the condition of said pas- 
sengers. 

To require o/-»t/' i •• i iiii 

bonds, in case, bEC. Z. li, ou such examination, there shall be 
found among said passengers, any lunatic, idiot, 
maimed, aged or infirm persons, incompetent in the 
opinion of the officer so examining, to maintain 
themselves, or who have been paupers in any other 
country, no such alien passenger shall be permitted 
to land, until the master, owner, consignee or agent 
of such vessel shall have given to such city or town, 
a bond in the sum of one thousand dollars, with good 
and sufficient surety, that no such lunatic or indi- 
gent passenger shall become a city, town or state 
charge, within ten years from the date of said bond. 

Boarding officer Sec 3. No alien uassengers. Other than those 

to require g 2 for r • i t . 

each passenger spokeu of lu the preceding section shall be permitted 
to land until the master, owner, consignee or agent 
of such vessel shall pay to the regularly appointed 



ALIEN PASSENGERS. April 20, 1837. 271 

boarding officer, the sum of two dollars for each pas- 
senger so landing ; and the money so collected shall 
be paid into the treasury of the city or town, to be 
appropriated as the city or town may direct for the 
support of foreign paupers. 

Sec. 4. The officer or officers required in the Pilots required 

_ . „ , . , -III ^^ anchor vessels 

first section or this act, to be appointed by the mayor at place appoint- 

and aldermen, or the selectmen respectively, shall 

from time to time notify the pilots of the port of 

the said city or town, of the place or places where 

the said examination is to be made, and the said 

pilots shall be required to anchor all such vessels at 

the place so appointed, and require said vessels there 

to remain till such examination shall be had ; and 

any pilot who shall refuse or neglect to perform the Forfeiture in 

•^ ' ^ ^ . . 11 <^^S6 ^' neglect, 

duty imposed upon him by this section, or who shall &c. 
through negligence or design permit any alien pas- 
senger to land before such examination shall be had, 
shall forfeit to the city or town a sum not less than 
fifty, nor more than two thousand dollars. 

Sec. 5. The provisions of this act shall not apply .^<=* not to apply 

r rr J to vessels in dis- 

to any vessel coming on shore in distress, or to any •>""s, &-c. 
alien passengers taken from any wreck where life 
is in danger. 

Sec. 6. The twenty-seventh section of the forty- Repeal and ap- 

•^ "^ plication of sec- 

sixth chapter of the Revised ^Statutes is hereby re- *'°°^- 

pealed ; and the twenty-eighth and twenty-ninth 
sections of the said chapter, shall relate to the pro- 
visions of this act, in the same manner as they now 
relate to the section hereby repealed. 

Sec. 7. This act shall take effect from and after when to take 
the passage of the same. 

[Approved by the Governor, April 20, 1837.] 



272 



INLAND BILLS OF EXCH. April 20, 1837. 



CHAP. CCXXXIX, 



Rales of Ex- 
change. 



When to take 
effect. 



An Act to reduce the rate of damages on Inland 
Bills of Exchange. 

Be it enacted by the Senate and House of Rep- 
resentatives^ in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The third section of the thirty-third 
chapter of the Revised Statutes is hereby so far 
amended, as that damages on inland bills of ex- 
change, drawn after the passage of this act, shall be 
reduced from the rates therein specified to the fol- 
lowing, that is to say : on bills payable in the States 
of Maine, New Hampshire, Vermont, Rhode Island, 
Connecticut and New York, two percent. ; on bills 
payable in New Jersey, Pennsylvania, Maryland, 
Delaware, three per cent. ; on bills payable in Vir- 
ginia and the District of Columbia, North Carolina, 
South Carolina and Georgia, four per cent. ; and if 
payable elsewhere, within any other of the United 
States or the territories thereof, five per centum. 

Sec. 2. This act shall take eflfect from and after 
the passing of the same. 

[Approved by the Governor, April 20, 1837.] 



MILITIA. April 20, U31. 273 



CHAP. CCXL. 



An Act concerning the Militia. 

OE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Every able bodied white male citizen ah persons be- 

•j • I • I • i-i 111- L II i"een 18and45 

resident within this Commonwealth, who is, or shall to be enrolled, 
be, of the age of eighteen, and under the age of 
forty-five years, excepting idiots, lunatics, common 
drunkards, vagabonds, paupers and persons convict- 
ed of any infamous crime, shall be enrolled in the 
militia, and be included in the military returns: 
provided, that nothing herein contained shall be so 
construed as to render any of the exempts mentioned 
in the first, second and third sections of the twelfth 
chapter of the Revised Statutes, liable to do military 
duty otherwise than is therein provided. 

Sec. 2. Division inspectors and division quarter- Division inspec- 
masters shall hereafter be appointed by the respec- masters, how ap- 
live major generals, and approved by the commander '''"°'*^ ' 
in chief. 

Sec. 3. The commissions of all staff officers, staffcommis- 

II , • />/-. Ill* sions : when they 

appointed by any commanding omcer, shall expire expire. 
after the commandins: officer shall be discharged or 
vacate his commission, as soon as his successor is 
commissioned. 

Sec. 4. The adjutant general shall annually in Acting quarter- i 
the month of February, lay before the governor and "xpSifureY* * 

• 1 /• J- ^ r II !• how examined 

council, tor adjustment, an account ol all expendi- and settled. 
tures of money made by him, as adjutant general 
3b 



274 MILITIA. //pn/ 20, 1 837. 

and acting quartermaster general, with vouchers to 
support the same ; and such accounts shall be settled 
by the governor and council. 
Military returns, Sec. 5. The military retums shall continue to 

how made. •ii-i i- r ii- 

be made, as provided in the thirty nrst and thirty- 
second sections of the twelfth chapter of the Revised 
Statutes, excepting, that every commanding officer 
of a brigade shall make and transmit returns of the 
state of his brigade, to the commanding officer of 
the division to which he belongs, in the month of 
July annually ; and ^\%xy commanding officer of 
such division shall make and transmit returns of the 
state of his division, to the adjutant general in the 
Penalty forneg- moulh of August aunually. And the penalty for 

lecling to make . • j j r ■ 

returns. neglecting to make the returns as provided lor m 

the thirty-first and thirty-second sections of the 
twelfth chapter of the Revised Statutes, and in this 
section, shall be as follows : — 

Penalty of com- Everv cautaiu or commanding officer of a company, 

manders of com- J i. o ^ v j 

panies. vvho sliall ucglcct to make returns, for each instance 

of such neglect, ten dollars. 
— ofcommand- Evcry Commanding officcr of a regiment or sepa- 
and*baufik!ns.^ I'atc battalion, who shall neglect to make returns, 

for each instance of such neglect, twenty five dollars. 

—ofcommand- Evcry Commanding officer of a brigade, who shall 

nga es. ^^^^^^^ j.^ make returns, for each instance of such 

neglect, fifty dollars. 
—ofcommand- Every Commanding officer of a division, who shall 

ers of divisions. i^^ i ^ r L'* ru 

neglect to make returns, tor each instance ot such 

neglect, seventy-five dollars. 
—of brigade ma- Evci'y brigade major and inspector who shall 
^°'^*' neglect to make returns, for each instance of such 

neglect, fifty dollars. 
Fines and forfeit- The above fiucs and forfeitures to be prosecuted 

ures ; how prose- ^ . ■ /v- , i i 

cuted for. and for by the omcer to whom the respective returns 

how disposed of. 



MILITIA. April 20, 1 837. 275 

should be made, in aiij court of competent jurisdic- 
tion, and paid into the treasury of the Common- 
wealth. 

Sec. 6. So much of the one hundred and four- Certain provi- 
sions of K. S. re- 

teenth section of the twelfth chapter of the Revised peaied. 
Statutes as requires clerks of companies to make an- 
nual returns to the brigade majors, and the brigade 
majors to the commander in chief; and so much of the 
fifty-eighth section of the twelfth chapter of the Re- 
vised Statutes as requires a majority of the qualified 
voters of the company to be present, at an election of 
officers, is hereby repealed, and a majority of the le- Jiajority of legal 

, . - , voters may elect, 

gal voters present at any company election, duly &c. 
notified, may elect company officers. 

Sec. 7. No non-commissioned officer or private Members of voi- 

P -11 I II ■ • 1 unteer companies 

or any company raised at large, shall be required to to produce a cer- 

(. ... 1 • I T • I tificate, when, 

periorm military duty in the standing company with- &c. 
in whose limits he resides : provided, that when noti- 
fied of his enrolment in such standing company, or oth- 
erwise requested, he shall produce within ten days, to 
the commanding officer of such standing company a 
certificate from the commanding officer of his own 
company, that he is a member thereof; and if any 
such non-commissioned officer or private reiDove out 
of the limits within which his company is raised, he 
shall continue to be a member thereof. 

Sec. 8. The division inspector of each division Division inspec- 

tors to keep ros- 

shall constantly keep a correct roster of the division ter and orderly 

•^ * , , book ; how cora- 

to which he belongs, and an orderly book, in which pensated. 
he shall record all orders received and issued ; and 
he shall receive annually the same compensation 
which is now by law allowed to the oldest aid-de- 
camp of each major general ; and so much of the 
twenty-seventh section of the twelfth chapter of the 
Revised Statutes, as provides that the oldest aid-de- 



276 MILITIA. April 20, ISS7. 

camp of each major general shall keep such roster 
and orderly book, is hereby repealed. 
Fines of mem- ggc. 9. All fines and forfeitures incurred by the 

bers oi volunteer •' 

companies; how Qiembcrs of voluntecr companies, may be collected 

collected and -i ^ j 

disposed of. by such persons and disposed of in such manner, for 
the benefit of said companies, as a majority of the 
members thereof may determine. 

Towns to provide Sec. 10. Whcnevcr, in the opinion of the com- 

powder, ... , . 

&c. when re- maudcr iu chief it shall be necessary, he shall issue 

quired by com- _ ^ ^ ^ . 

mander m chief, his proclamation, requiring all towns to provide and 
deposit in some suitable and convenient place there- 
in, sixty-four pounds of good powder ; one hundred 
pounds of musket balls, each of the eighteenth part 
of a pound ; one hundred and twenty-eight flints 
suitable for muskets ; three copper, iron or tin camp- 
kettles, for every sixty-four soldiers enrolled in said 
town ; and the same proportion of the aforesaid arti- 
cles for a greater or less number, and so to keep the 
same, until he shall by proclamation declare the 
same no longer necessary. 

Fines for towns Any towu which shall neglect to provide and 

prfv1de"&c° keep deposited all or any of the aforesaid articles as 
above required, shall forfeit the sum provided in the 
one hundred and sixth section of the twelfth chapter 
of the Revised Statutes. 

The46thand Sec. 11. The forty-sixth and forty-seventh sec- 

47th sections, . ^ , i c i i i 1 1 i • • 

&c. repealed, tious ot the twcllth chapter, and all other provisions 
of the Revised Statutes, which are inconsistent with 
this act, are hereby repealed. 

[Approved by the Governor, April 20, 1837.J 



COMMON SCHOOLS. April 20, \S31. 277 



CHAP. CCXLI. 



An Act relating to Common Schools. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, asfolloios : 

Sec. 1. His Excellency the Governor with the The governor 

1 • 1 r* I /-. -I'll 1 together wilh 

advice and consent or the Council, is hereby author- eight persons, by 

... I • I u '^'"^ appointed, 

ized to appoint eisfht persons, who together with the to constitute the 

, ,. n. .. ,11 board of educa- 

governor and lieutenant governor ex ojjiciis, shall tion. 
constitute and be denominated the Board of Educa- 
tion ; and the persons so appointed shall hold their 
offices, for the term of eight years : provided, the first 
person named in said board shall go out of office at 
the end of one year, the person next named, shall 
go out of office at the end of two years, and so of 
the remaining members, one retiring each year and 
in the order in which they are named, till the whole 
board be changed, and the governor with the ad- 
vice and consent of the council as aforesaid, shall 
fill all vacancies in said board, which may occur 
from death, resignation or otherwise. 

Sec. 2. The board of education, shall prepare Duty of the 

1 1 % r ii'i • • ^ ^ r board of educa- 

and lay before the legislature in a printed lorm on non. 
or before the second Wednesday of January annu- 
ally, an abstract of the school returns received by the 
secretary of the Commonwealth, and the said board 
of education, may appoint their own secretary, who 
shall receive a reasonable compensation for his ser- 
vices not exceeding one thousand dollars per annum, 
and who shall under the direction of the board col- 



278 COMMON SCHOOLS. April 20, nSl> 

lect information of the actual condition and efficien- 
cy of ihe common schools and other means of pop- 
ular education; and diffuse as widely as possible 
throughout every part of the Commonwealth, in- 
formation of the most approved and successful 
methods of arranging the studies and conducting the 
education of the young, to the end that all children 
in this Commonwealth, who depend upon common 
schools for instruction, may have the best education 
which those schools can be made to impart. 
Board to make g^c. 3. The board of education annually, shall 

annual report lo ^ -^ _ 

legislature. make a detailed report to the legislature of all its 
doings, with such observations, as their experience 
and reflection may suggest upon the condition and 
efficiency of our system of popular education, and 
the most practicable means of improving and ex- 
tending it. 

Secretary's sal- gg,-.^ ^ Yoi' the Salary of the secretary of the 
board of education, provided for in the second sec- 
tion of this act, the governor is authorized to draw 
his warrants from time to time, as the same may be 
required. 

[Approved by the Governor, April 20, 1837.] 



LICNESED HOUSES. April 20, \S37. 279 



CHAP. CCXLH. 

An Act concerning Licensed Houses, and the sale 
of Intoxicating Liquors. 

J3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. L No licensed innholder, or other r)eY- PfnaUy (yr seu 

ling intoxica- 

son, shall sell any intoxicating liquor on Sunday, on ting liquors on 

, . . -^ » ^ -^ ' Sundays. 

pain of forfeiting twenty dollars for each offence, to 
be recovered in the manner and for the use provided 
in the twentj-sixth section of the fortj-seventh 
chapter of the Revised Statutes. 

Sec. 2. Any license to an innholder or common License, without 

, , , r 1 I • I authority to sell : 

Victualler may be so framed as to authorize the intoxicating u- 

!• J 1 • • II- I quors. 

Jicensed person to keep an inn or victualling-house, 
yvithout authority to sell any intoxicating liquor, and 
no excise or fee shall be required for such license: 
provided, that nothing contained in this act, or in 
the forty-seventh chapter of the Revised Statutes, 
shall be so construed as to require the county com- 
missioners to grant any licenses, when in their 
opinion, the public good does not require them to 
be granted. 

Sec. 3. Any person who shall have been li- Licensnd per- 

. . - 1 r- ^°"^ *° forfeit 

censed according to the provisions of the forty- their license on 

r- I !■» • 1 o r 1 • second convic- 

seventh chapter of the Revised Statutes, or of this lion. 
act, and who shall have been twice convicted of a 
breach of this act, or of that chapter, shall, on such 
second conviction, in addition to the penalties pre- 
scribed for such offence, be adjudged to have for- 
feited his license. 



280 WARREN BANK, BOSTON. April 20, 1837. 

^uon't'obe" ^^^- ^' "^"y person who shall have been three 

ixSinJ^nilTe- ^imes coHvicted of a breach of this act, or of the 
tydays. forty-scventh chapter of the Revised Statutes, shall, 

upon such third conviction, in addition to the pen- 
alties in this act and said chapter provided, be lia- 
ble to be imprisoned in the common jail, for a time 
not exceeding ninety days, at the discretion of the 
court before whom the trial may be had. 
Secretary di- Sec. 5. The Secretary of this Commonwealth, 

reeled to pub- , ,, , , /-hi 

jish laws reia- Shall causc 3 coudcnscd summary of all laws re- 
ting to innhoid- ,. •Ill •! !!• 11 

ers, retailers and latmg to innholdcrs, rctailers and licensed houses, 

licensed houses. • i r i r i • /-. i i 

to be prmted lor the use ol this Commonwealth, 
and he shall supply the county commissioners for 
the several counties, and such other officers as by 
law are authorized to grant licenses with the same : 
and the said commissioners or other officers, when- 
ever they grant any license shall furnish each per- 
son so licensed, with one copy of said license laws, 
to the end that such person may know to what du- 
ties, restrictions and liabilities, he is subjected by 
law. 

[Approved by the Governor, April 20, 1837.J 



CHAP. CCXLIII. 

An Act to change the name of the Warren Bank in 

Boston. 

Jt>E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Name changed. Sec. 1. The Corporation by the name of " The 
President, Directors and Company of the Warren 



PUBLIC HEALTH. April20,lS37. 281 

Bank," created by an act passed April ninth, one 
thousand eight hundred and thirty-six, and located 
in the city of Boston, shall hereafter be known by 
the name of " The President, Directors and Com- 
pany of the Shawmut Bank : " provided, that this 
act shall not absolve the said corporation, or any di- 
rector or stockholder thereof, from any liability cre- 
ated by the act establishing the said Warren Bank. 

Sec. 2. This act shall be void unless the same This act void, 

unless, &c. 

shall be accepted by the stockholders of said corpo- 
ration, at a legal meeting called for that purpose, on 
or before the first day of July next. 

[Approved by the Governor, April 20, 1837.] 



CHAP. CCXLIV. 



An Act concerning the Public Health. 

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. Whenever any person, coming from i^o^rd of health 

, , to make necessa- 

abroad, or residing in anv town in this state, shall ry provisions for 

" "^ persons infected 

be infected, or shall lately before have been infected, with dangerous 

•^ _ ' diseases. 

with the plague, small pox, or other sickness dan- 
gerous to the public health, the Board of Health of 
said town shall make effectual provision in the man- 
ner which they shall judge best for the safety of the 
inhabitants, by removing such sick or infected per- 
son to a separate house, or otherwise, and by pro- 
viding nurses and other assistance and necessaries ; 
36 



282 PUBLIC HEALTH. Jpn7 20, 1837. 

which shall all be at the charge of the person him- 
self, his parents or master, if able, otherwise, at the 
charge of the town to which he belongs ; and in 
case such person is not an inhabitant of any town in 
this state, then at the charge of the Commonwealth. 
-Board of HeaTth Sec. 2. When the small pox, or any other disease 

to provide hospi- a -^ 

j-^^Oj^^o'^her place dangerous to the public health, shall break out in any 
town, the board of health thereof shall immediately 
provide such hospital or place of reception for the 
sick and infected as they shall judge best for their 
accommodation, and the safety of the inhabitants ; 
and such hospitals and places of reception shall be 
subject to the regulations of the said board of health 
in the same manner, as is provided in the case of 
established hospitals, by the twenty-first chapter of 

— may cause ^hc Rcvised Statutcs I and the said board of health 

sick and infected ' 

persons to be re- j^gy cause such sick and infected persons to be re- 

moveo to nospi- •' '■ 

*»'• moved to such hospitals or places of reception, unless 

the condition of the sick or infected person be such as 
not to admit of his removal without danger to his 
health, in which case the house or place where such 
person shall remain, shall be considered as a hospi- 
tal to every purpose aforesaid, and all persons re- 
siding in, or in any way concerned with the same, 
shall be subject to the regulations of said board of 
health, as before provided. 

Repeal. Sec. 3. The sixtecuth and fortieth sections of 

the twenty-first chapter of the Revised Statutes are 
hereby repealed. 

[Approved by the Governor, April 20, 1837.] 



MALDEN BRIDGE. April 20, 1837. 283 



CHAP. CCXLV. 

An Act in further addition to an act to incorporate 
the Proprietors of Maiden Bridge. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the sam^, as follows : 

The act passed the present session, in addition to Act, when to 

I T-» • ' i\ T 1 J '^'^^ effect. 

an act to incorporate the Proprietors ot Maiden 
Bridge, shall take efifect from and after the passing 
hereof. 

[Approved by the Governor, April 20, 1837.] 



Commontofaiti) of fHassaci^usetts. 



SECRETARY'S OFFICE, May 9, 1837. 

I HEREBY CERTIFY, thfit I have Compared the printed copy of the 
Acts contained in tliis Pamphlet, with the Original Acts, as engrossed 
on parchment, and passed by the Legislature, and find the same to 
be correct. 

JOHN P. BIGELOW, 

Secretary of the Commonwealth. 



INDEX 



TO THE LAWS 



PASSED IN 



SAHtTJAHTTy FXiBRXTARV, MAUCH AND APRII,, 1837. 



A. 



Academy, East Bridgwater, incorporated, 

" Mountain Seminary at Worthington, incorporated, 

" New England Christian, incorporated, 

" Norton Female Seminary, incorporated, 

" Rochester, incorporated, 

" South Reading, may sell or convey real estate, 

" West Sutton Literary Institute, incorporated, 

Alewive Fishery in Middleborough, regulated, . 

Alien Passengers, regulations concerning, 

Appraisal and sale of personal property attached on mesne pro- 
cess, ...... 

Aqueduct Company in Cambridgport, incorporated. 

Assessment of taxes on machinery, where to be made, . 

Assessors, penalty for giving false information to, in certain cases. 

Auburn, name of the town of Ward changed to. 

Auctioneers, relating to, . 



109 

4 

31 

47 

103 

134 

118 

206 

270 

193 
163 

81 
184 

14 
267 



B. 



Bail, provisions respecting, ..... 212 

Banks, form of returns of, varied, .... 57 

" restrained from issuing notes, except for immediate cir- 
culation, ....... 252 

Bank, Cabot, established, ..... 105 

" Chelsea, charter of, repealed, .... 253 

" City, in Lowell, additional act concerning, . . 18 

A 



11 



INDEX. 



Bank, Farmers and Mechanics, in Adams, time extended, &c. 
" Granite, in Boston, additional act concerning, 
" Hampshire, charter of, annulled for certain purposes, 
" Nahant, charter of, repealed, 
" Northampton, capital stock of, increased, . 
" People's, act repealing charter of, repealed, 
" State, act repealing charter of, repealed, . 
" Warren, name of, changed to Shawmut, 
Baptist, (see Religious Society.) 
Beet Sugar, manufacture of, encouraged, 

" " Company incorporated, 
Berkshire Medical Institution, incorporated. 
Boat Meadow River Company, incorporated. 
Bonfires and false alarms, prevention of, 
Boston Harbor, preservation of, &c. 
Boston and Roxbury, dividing line between, altered. 
Boundary line between Boston and Roxbury altered, 
" " " Lancaster and Sterling altered, 

" " " Phillipston and Royalston established, 

« « " Sutton and Northbridge established, 

« « " Wellfleet and Truro established, 

« " " Westfield and Southwick established. 



101 
135 
130 
233 
142 
98 
95 
280 

62 

59 

140 

139 

184 

261 

222 

222 

42 

96 

38 

16 

74 



c. 



Canal, Indian Orchard, incorporated, 

" Quincy, additional act concerning. 
Cemetery, New Bedford Rural, proprietors of, incorporated, 
Census of population directed to be taken, 

*' of rateable polls directed to be taken, 
Choates' Bridge in Ipswich, additional act concerning, . 
Commissioners, County, vacancy in board of, provided for, 
" " meeting of, in Berkshire, 

" " meeting of, in Norfolk, 

« " in Essex, may lay out road, &c. in 

Gloucester, . 
" " in Nantucket, relating to. 

Congregational, (see Religious Society.) 
Court, Supreme Judicial, number of Judges of, increased, 
" Probate, in county of Norfolk, alteration of a term of, 
" " in county of Worcester, terms of, established, 

" " established in Provincetown, 

Courts Police, powers of, in certain cases, 

" in county of Middlesex, terms of, to be held in Lowell, 



60 
223 
127 

78 
124 
153 
148 
144 
221 

159 
240 

69 
173 
138 

92 
160 

83 



INDEX. 



HI 



D. 



Dam across Monatiquot river in Braintree, autliorized, 

Depositions, provisions concerning, in certain cases, 

Directors of the Boston House of Industry to make annual re 

turns, ...... 

Districts, representative, provisions concerning, . 

Dividends and unclaimed balances, corporations to publish lists 

of, 



199 
269 

207 
191 

49 



E. 



East Bridgvyater Academy, Incorporated, 

Education, Board of, established. 

Episcopal, (see Religious Society.) 

Erving's Grant, part of, annexed to Orange, 

Essex County Teachers' Association, incorporated, 

Evangelical, (see Religious Society.) 

Exchange, damages on inland bills of, reduced, . 



109 
277 

64 
211 

272 



F. 



Factory, (see Manufacturing Company.) 

Fall River Mill-road, &c. Company, additional act concerning. 

False alarms and bonfires, prevention of, 

Fatherless and Widows' Society, incorporated, 

Fish, weight of, regulated. 

Fishery, alewive, in Middleborough, regulated, 

" in Dennis, regulated, 

" in Newbury, regulated, . 

" in Palmer's River, further regulated, 
Fishing Company, North Falmouth, incorporated, 

" « Rock Harbor in Orleans, incorporated, 

" " Skinnaquits, additional act. 

Fish Wear Company incorporated. 



91 
184 

21 
174 
206 
133 
209 
192 
114 
161 

18 

87 



G. 



Gaming, penalties relating to, . 
Gas Light Company, Boston, additional act concerning, 
" « " in Lowell incorporated, 

Granite Bridge Corporation, established, 
" Company, Boston, incorporated, . 



186 
65 
86 

154 
26 



IV 



INDEX. 



Granite Company, Washington, incorporated, 
Grouse or Heath-hen, preservation of, . 
Guardianship, extinguishment of, in certain cases, 
Gunpowder, storage of, &c. in Boston, further regulated. 



41 
177 

178 
93 



H. 



Hancock Free Bridge, additional act, conceruing. 
Harbor of Boston, preservation of, &c. . 
Health Public, regulations concerning, 
Hope Oyster Company in Nantucket, incorporated, 
Hopkinton Springs Company, incorporated. 



171 
261 

281 

88 

158 



I. 



Imprisonment for debt, &c., provisions respecting, 
Indian Orchard Canal Company, incorporated, . 
Industry, Statistics of certain branches of, concerning, . 
Innholders, &c., regulations concerning, 
Inland Bills of Exchange, damages on, reduced. 
Insurance Companies, to make annual returns, . 
Insurance Company, Blackstone, time extended, &c. 

" " Dedham Mutual Fire, incorporated, 

" " Fulton, incorporated, 

" " Hope, in Salem, incorporated, 

" " Layfayette Fire and Marine, incorporated 

" " Manufacturer's, additional act, 

" " Merchants' and Mechanics' Mutual Fire, 

incorporated, 
" " Newburyport, time extended, &c. 

" '* Packet, lime extended, &c. 

" " State Mutual Fire, incorporated, . 

" " Suffolk Mutual Fire, additional act con 

cerning, 
Intoxicating Liquors not to be sold in taverns, &c., on the 
Lord's day, ..... 



212 

60 

215 

279 

272 

204 

49 

20 

58 

50 

12 

35 

39 

33 

10 

9 

183 

279 



J. 



Jury, trial by in certain cases, restored, . 



240 



INDEX. V 
L. 

Lancaster and Sterling, dividing line between, altered, . . 42 

Licensed Houses and sale of intoxicating liquors, concerning, 279 

Lunatics, provisions relating to, . . . . . 359 



M. 

Maiden Bridge, additional acts concerning. 
Manufacturing Company, Amherst Silk, incorporated, 
" " Bemis, incorporated, 

" " Berkshire Silk, incorporated, 

" " Boott Cotton Mills, capital stock of, 

increased, . . . . 

" " Boston Calico Works, incorporated, 

" " Boston Cotton and Woollen, incorjx)- 

rated, 
" '* Boston Granite, incorporated, 

" " Bridgewater, name of, changed, 

" " Bristol Print Works, capital of, in 

creased, 
" " Central, incorporated, 

" " Chemical, Dying and Printing, addi 

tional act concernin ;, 
" " Conway, incorporated, 

" " Conway Mills, iucorj)orated, 

" " Crocker, incorporated, 

" " Curtisville Cotton, capital stock of, 

increased, . 
" " Damask Cloth, incorporated, 

" " Etna Furnace, incorporated, 

" " Franklin, incorporated, 

" " Franklin Hemp and Flax, name of, 

changed, &c., 
" * " Glendale Mill?, incorporated, 

" " Goulding Patent Bale-rojie, incorpo 

J•ate(^, 
" " Green River, incorporated, 

" " Hamilton, capital stock of, increased 

" " Hampden Silk, incorporated, 

" " Lee, incorporated, 

" " Livingston, incorporated, 

" " Massachusetts Hemp, location of, 

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



236,283 

57 

115 

100 

12 

239 

22 
26 
55 

26 
15 

196 

5 

147 

45 

51 

25 

69 

131 

G2 
54 

143 

97 
11 
34 
44 
32 

269 
11 



VI 



INDEX. 



Manufacturing Company, Millbury, Locomotive Engine, in- 
corporated, 
" " Minot, incorporated, 

" " Monson Branch, incorporated, 

« " New-England Cordage, incorporated, 

" " Northampton Sugar Beet Company, 

incorporated, 
" " Norton, incorporated, 

" " North Andover Mills, incorporated, 

" ' Odiorne, incorporated, 

« " Quincy Granite, incorporated, 

" " Richmond, incorporated, 

« " Shawmut Mills, incorporated, 

" " Singletary, incorporated, 

" " South Boston Steam Mill Company 

« " incorporated, 

«' « Springfield Satinei, incorporated, 

" " Stoneham Marble and Lime, incor- 

porated, 
" « Suffolk, capital stock of, increased, 

'*^ " Sugar Beet Company, incorporated, 

« " Sutton Woollen Mills, incorporated, 

« " Taunton Iron, incorporated, 

« " Taunton Iron Foundry, incorporated 

« " Tremont Mills, capital stock of, in 

creased, 
«' « Wadsworth Woollen, incorporated, 

« « Washington, incorporated, and addi 

tional act concerning, 
« " Washington Granite, incorporated, 

« " Wessacumcon Steam Mills, incorpo- 

rated, 
« '' West, incorporated, . 

" " Westfield White Lead, incorporated, 

« " West Stockbridge, &c,. Marble and 

Lime, incorporated, 
«' « Weymouth Iron, incorporated, 

« " Wrentham Carpet, incorporated, 

" " Valley Mills, incorporated, . 

" " Verd Antique Marble, incorporated. 

Marble and Lime Company, West Stockbridge and Hudson, in- 
corporated, 
" « « Stoneham, incorporated. 

Medical Institution in Berkshire, incorporated, . 
Middlesex Bridge, additional act concerning. 



73 
123 

24 ' 
176 

59 
146 

36 

19 

55 

40 
221 

27 

135 

8 

228 
82 
59 
29 
37 



82 
72 



67, 264 
41 

117 

46 

12a 

28 

30 

85 

116 

136 

28 
228 
140 

90 



INDEX. 



Vll 



Middlesex, Courts in, terms of, to be held in Lowell, 
" Mechanics' Association, concerning, • 

Militia, further regulations concerning, . 

Mining Company, Berkshire, incorporated, 

" " Boston and New York, incorporated, 

" " Merrimack Coal, incorporated, 

" " Tremont, incorporated, 

Monatiquot River, dam across, authorized. 

Mountain Seminary at Worthington, incorporated, 



83 

56 

273 

52 

167 

182 

226 

199 

4 



N. 

Nails, inspection of, regulated, . . . . ; 104 

Names, change of, authorized, ..... 245 

Newburyport and Newbury Mechanics' Association, incorporated, 95 

New Church Society in Charlestown, name of, changed, . 68 

New-England Christian Academy, incorporated, . . 31 

New Salem, part of, annexed to Orange, . . . 66 

" part of, annexed to Athol, .... 70 

Northbridge and Sutton, dividing line between, established, . 38 

Norton Female Seminary, incorporated, . . . 47 



o. 



Overseers of the Poor to make annual returns, . 



207 



P. 

Pardons, conditional, regulations concerning, . . . 188, 189 

Parish, (see Religious Society.) 

Passengers alien, regulations concerning, . . . 270 

Paupers, deceased, disposition of effects of, ... 48 

Phillipston and Royalston, dividing line between, established, . 96 

Pilotage in New Bedford and Fairhaven, fees of, . . 20 

Poor, Overseers of, to make annual returns, . . . 207 

" of unincorporated places, relating to, . . . 185 
Precinct, (see Religious Society.) 

Prison, State, discipline of, &c. regulated, . . . 225 

Private ways, concerning, ..... 172 

Provers of Fire Arms, appointment of, . . . . 227 

Public health, regulations concerning, .... 281 



Q. 



Quincy Canal, additional act concerning, 



223 



Vlll 



INDEX. 



R. 



Rail-road Corporations, regulations concerning, . . . 254 

" Andover and Haverhill, scrip to be issued in aid of, • 196 

" Audover and Wilmington, additional act concerning, 106 

" Berkshire, incorporated, . • . . 168 

" Charlestown Branch, additional act concerning, . 89 

" Eastern, scrip to be issued in aid of, . . . 200 

'* Eastern, part of route of, altered, &c. . . . 148 

" Norwich and Worcester, scrip to be issued in aid of, 75 

" Seekonk Branch, additional act concerning, . . 181 

/ " Taunton Branch, capital stock of, increased, . . 17 

" Western, payment of subscription to, provided for, . 179 

Real Estate held in common, concerning sale of, in certain cases, 187 

Registry of Deeds for the southern towns in county of Bristol, 

established, ...... 194 

Religious Society, Andover, Protestant Episcopal Church in, 

proprietors of, incorporated, . . 113 
** " Beverly, Third Congregational, name of, 

changed, ..... 233 

" " Boston, Essex Street Congregational, incor- 
porated. ..... 251 

•* " Boston, Fourth Universalist Meeting-house, 

proprietors of, incorporated, . . 227 
" " Boston, Warren Street Chapel, incorporated, 23 
" " Charlestown, New Church, name of, changed, 68 
" " Grafton, Evangelical Congregational Meet- 
ing-house, proprietors of, incorporated, 120 
♦* " Greenfield, Unitarian Meeting-house, pro- 
prietors of, incorporated, . . . 112 
" " Harwich, Baptist, may sell their lands, . 7 
" " Lowell, First Universalist Meeting-house, 

proprietors of, incorporated, . . 190 
** ^ " Middleboro' and Taunton precinct, may sell 

their lands, .... 132 

" " Rochester, &c., Congregational precinct, 

powers and duties of, . . . 121 

** " Sutton, South Parish, may sell real estate, 99 

" " Truro, First Parish, may sell their lands, . 265 
•* " West Newbury, Second Parish, may sell 

parsonage lands, . . . . 119 

Representative Districts, relating to, ... . 191 

Revenue, Surplus, acts concerning reception and deposite of, 3, 77, 101,126 

Rogues and Vagabonds, concerning, .... 235 

Rochester Academy, incorporated, . . . . 103 



INDEX. 



IX 



Roxbury and Boston, dividing line between, altered, 
Royalston and Phillipston, dividing line between, 



222 

96 



S. 



Salary of Judge, &c., of Probate of Nantucket, increased, 

" of Secretary's second clerk increased, 

" of Sergeant at Arms increased, 

" of Treasurer's second clerk increased, 
Salem, city of, additional act concerning. 
Salt, provisions concerning inspection of, repealed, 
Savings Institution in Chelsea, established, 

" " City, in Lowell, 

School Districts may establish libraries, . 
Schools Board of Education for, established, 

" form of returns of, altered, 
South Reading Academy may sell real estate, 
Southwick and Westfield, dividing line of, established, 
Stage Company, Salem and Boston, charter of, repealed, 
State Prison, discipline of, &c., regulations concerning, 
Statistics of certain branches of industry, returns of, 
Steam Boat Company, Boston and Portsmouth, incorporated. 
Sterling and Lancaster, dividing line of, altered, 
Sugar, Beet, manufacture of, encouraged. 
Sugar Beet Company, incorporated. 
Supreme Judicial Court, number of Judges of, increased. 
Surplus Revenue, act concerning reception and deposite of, 3, 
Sutton and Northbridge, dividing line of, established, 



92 
174 

14 
175 

6 
161 

98 
129 
145 
277 
257 
134 

74 
268 
225 
215 
137 

42 

62 

59 

69 
77, 101, 126 

38 



T. 



Taunton Mechanics Association, incorporated, 
Taxes on Machinery, where to be assessed, 
Teachers' Association, Essex County, incorporated. 
Town Meetings, annual, may be held in February, 
Trial by Jury restored, in certain cases, . 
Truro and Wellfleet, dividing line of, established, 
Turnpike, Chester, rate of toll on, regulated, 

" Eighth Massachusetts, location of part of, altered, 



53 

81 
211 

47 
240 

16 
146 
110 



INDEX. 



U. 



Unincorporated Places, poor of, how provided for, &c.. 
Unitarian, (see Religious Society.) 
Universalist, [see Religious Society.) 



185 



V. 



Vagabonds and Rogues, concerning, 

Vei-d Antique Marble Company, incorporated, 



235 
136 



w. 



Ward, name of town of, changed to Auburn, 
Warren street Chapel Association, incorporated, . 
Wellfleet and Truro, dividing line of, established, . 
Westfield and Southwick, dividing line of, established, 
West Sutton Literary Institute, incorporated, 
Wharf Company, Boston, additional act concerning, 

" " Charlestown, may extend their wharves, 

Wharf belonging to B. Murdock, may be extended, 
" " to S. Bourne, may be extended, 

" " to I. Harris, may be extended. 

" " to B. Comey, may be extended, 

" " to Winnissimmet, may be extended, 

" " to S. Aspinwall, may be extended, 

« " to R. G, Shaw, may be extended, 

" " to J. Ingersoll, may be extended, 

" Thompson's, may be extended, 
" Harris's, may be extended. 
Writs, Trustee, how served, &c., . 



14 
23 
16 

74 
118 

61 
232 

33 

43 
203 
224 
230 
231 
234 
267 
210 
266 
229 







L AW S 



CommonUicaltli of 4^ajSjsat|)u^ett^, 



PASSED BY THE GENERAL COURT, 



AT THE SESSION WHICH COMMENCED ON WEDNESDAY, THE THIRD OF JANUARY, 

AND ENDED ON WEDNESDAY, THE TWENTY-FIFTH OF APRIL, ONE 

THOUSAND EIGHT HUNDRED AND THIRTY-EIGHT. 



PUBLISHED BY THE SECRETARY OF THE COMMONWEALTH, 
Slfltceablg to a 3^csolbc of tj)e sfjrteentt) Sanuarw, 1812. 




DUTTON AND WENTVVORTH, PRINTERS TO THE STATE. 



1838. 



LAWS 



eommonUieaUfi of iHassaclittScttfij, 

PASSED BY THE GENERAL COURT, 



AT THEIR SESSION WHICH COMMENCED ON WEDNESDAY, THE THIRD OF 
JANUARY, AND ENDED ON WEDNESDAY, THE TWENTY-FIFTH OF APRIL, 
ONE THOUSAND EIGHT HUNDRED AND THIRTY-EIGHT. 



CHAP. I. 



An Act to incorporate the Robbins Cordage Com- 
pany. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Josiah Robbins, B. F. Copeland, and p«^s°"« '"^^o""?"- 

rated. 

Benjamin Rich, their associates and successors, are 
hereby made a corporation, for the purpose of man- 
ufacturing cordage in the town of Plymouth, in the 
county of Plymouth ; and for this purpose shall have 
all the powers and privileges, and be subject to all 
the duties, restrictions and liabilities, set forth in the 
thirty-eighth and forty-fourth chapters of the Revised 
Statutes. 



288 SALEM COM. INS. CO. Jmi.21, 1838. 



Estate. 



Condition 



Sec. 2. The said companj may hold, for the 
purposes aforesaid, real estate to the aaiount of forty 
thousand dollars; and the whole capital stock of said 
company shall not exceed seventy- five thousand 
dollars. 

[Approved by the Governor, January 26, 1838.] 



CHAP. II. 

An Act relating to Wills of Personal Estate. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in Gefieral Court assembled, and by the 
authority of the same, as follows : 

Any will of personal estate, executed before the 
first day of May, in the year eighteen hundred and 
thirty-six, in conformity with the law existing at the 
time of the execution thereof, shall be effectual to 
pass such estate ; any thing in the sixth section of 
the sixty-second chapter of the Revised Statutes to 
the contrary notwithstanding. 

[Approved by the Governor, January 26, 1838.] 

CHAP. HI. 

An Act to continue in force "An Act to incorporate 
the Salem Commercial Insurance Company." 

XjE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Jo°c7tr^Ziy The act entitled "An Act to incorporate the Sa- 
years. j^^ Commercial Insurance Company," shall be, and 

remain in force for the term of twenty years, from 



W. STOCKBRIDGE R. R. COR. Jan. 27, 1838. 289 

the twelfth day of June next; and the said corpora- 
tion shall be continued during that term, and shall 
have all the powers and privileges, and be subject to 
all the duties, restrictions and liabilities, set forth in 
the thirty-seventh and forty-fourth chapters of the 
Revised Statutes. 

[Approved by the Governor, January 27, 1838.] 



CHAP. IV. 

An Act concerning the West Stockbridge Rail-road 
Corporation. 

j>E it enacted by the Senate and House of Rep- 
resentatives^ in General Court assembled, and by the 
authority of the same, asfolloivs : 

Sec. 1. The act incorporating the West Stock- Act revived. 
bridge Rail-road Corporation, passed April fifth, one 
thousand eight hundred and thirty-six, is hereby re- 
vived and continued in force ; any thing in the fourth 
section of said act to the contrary notwithstanding. 

Sec. 2. The time for organizing said corporation, Time extended. 
filing the location, and completing their road, shall 
be extended one year from the times mentioned in 
the fourth section of said act. 

[Approved by the Governor, January 27, 1838.] 



290 MILLBURY PAPER MILLS. Feb, 12, 1838. 



CHAP. V. 

An Act to incorporate the Roxbury Wool and Worst- 
ed Company. 

JdE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Persons incorpo- Sec. 1. John B. JoHes, Francis W. R. Emery, 

rated, 

and Benjamin Sewall, and their associates and suc- 
cessors, are hereby made a corporation, by the name 
of the Roxbury Wool and Worsted Company, for the 
purpose of cleaning wool and manufacturing woollen 
and worsted goods in the town of Roxbury, and 
county of Norfolk; and for these purposes shall have 
all the powers and privileges, and be subject to all 
the duties, restrictions and liabilities, set forth in the 
thirty-eighth and forty-fourth chapters of the Revised 
Statutes. 
Estate. Sec. 2. The said corporation may hold, for the 

purposes aforesaid, real estate to the amount of 
twenty-five thousand dollars ; and the whole capital 
stock of said corporation shall not exceed one hun- 
dred thousand dollars. 

[Approved by the Governor, February 12, 1838.] 



CHAP. VL 

An Act to incorporate the Millbury Paper Mills. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Leonard Pierce, James Phelps, and 



NANTUCKET FIRE DEPART. Feb. 13, 1838. 291 

George Sabin, and their associates and successors, Persons incorpo- 
are hereby made a corporation, by the name of the 
Millbury Paper Mills, for the purpose of manufactur- 
ing paper in the town of Millbury, in the county of 
Worcester, with all the powers and privileges, and 
subject to all the duties, restrictions and liabilities, set 
forth in the thirty-eighth and forty-fourth chapters of 
the Revised Statutes. 

Sec. 2. I'he said corporation may hold, for the Estate. 
purpose aforesaid, real estate to the amount of fif- 
teen thousand dollars ; and the whole capital of said 
corporation shall not exceed the sum of fifty thousand 
dollars. 
[Approved by the Governor, February 12, 1838.] 



CHAP. VII. 

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

Be it enacted by the Senate and House of Rep- 
resentatives^ in General Court assembled, and by the 
authority of the same, as follows: 

Sec. 1. The inhabitants of Nantucket qualified Firewards to be 
to vote in town affairs, at their annual meeting for " °^^"" 
the choice of town officers, shall choose by ballot a 
number of persons, not exceeding twenty, to be fire- 
wards, who shall hold their office until others are 
chosen and organized in their stead; and said fire- 
wards shall have all the powers, perform all the du- 
ties, and be liable to all the penalties attached to the 
office of firewards by the laws of this Commonwealth ; 
and vacancies in the board of firewards of said town 
may be filled at any legal meeting called for that pur- 
pose. 



292 



NANTUCKET FIRE DEPART. Feb. 13, 1838. 



Organization of 
Board of Fire- 
wards. 



Duties. 



Same. 



Eni^ine compa- 
nies, &c., to be 
formed. 



Sec. 2. Said firewards shall, within three days 
after their acceptance of the trust, meet at such time 
and place as the town clerk of said town shall ap- 
point, and shall organize themselves into a board, by 
the choice of a chairman, and shall appoint a clerk, 
who shall record the proceedings of the board. 

Sec. 3. Said board shall have all the powers 
and perform all the duties relative to the appoint- 
ment of enginemen, which the selectmen of said 
town have heretofore by law had and performed ; 
and all persons appointed by said board, pursuant to 
this act, shall be subject to the same duties, and en- 
titled to the same privileges and exemptions as en- 
ginemen are now subject and entitled to by law. 

Sec. 4. The said board of firewards are hereby 
authorized to appoint such a number of men to the 
engines, hose, hook and ladder, and sail carriages, as 
they shall deem expedient ; and in addition to the 
enginemen aforesaid, they may appoint such number 
of other persons, as they may deem expedient, to be 
called relief enginemen, whose duty it shall be to at- 
tend their respective engines only at fires, and whose 
appointment shall not entitle them to the privileges 
to which enginemen are by law entitled. Said board 
shall appoint three of their number as general direct- 
ors, who shall have the general direction of all the 
operations at fires. 

Sec. 5. The said engine, hose, hook and ladder, 
and sail-carriage men, are authorized to organize 
themselves into distinct companies, to elect captains, 
clerks, and other necessary officers, to establish such 
rules and regulations as may be approved by the 
board of firewards, and to annex penalties to the 
breach of the same ; and said penalties may be sued 
for and recovered by the clerk of the respective com- 



NANTUCKET FIRE DEPART. Feb, 13, 1838. 293 

panics so organized, before any court of competent 
jurisdiction, to the use of such companies respective- 
ly : provided, that no penalty shall exceed the sum 
often dollars : and provided further, that such rules 
and regulations be not repugnant to the constitution 
and laws of this Commonwealth. 

Sec. 6. The said board of fire-wards shall have Fire-wardsto 
the care and superintendence of the engine build- engines, &c. 
ings, fixtures and appurtenances thereof, and the en- 
gines, hose, fire-hooks, ladder and sail carriages, and 
other fire apparatus, owned by said town of Nan- 
tucket, and shall cause the same to be kept in re- 
pair, and when worn out, to be replaced, and shall 
make such alterations therein, and additions thereto, 
as they shall deem necessary : provided, that the ex- 
pense of such additions, alterations and repairs shall 
not exceed, in any one year, three hundred dollars, 
unless said town shall have authorized a greater ex- 
pense therefor. 

Sec. 7. The said board of fire-wards may cstab- May establish 

rules bv~lciws 

lish such rules and ordinances as they may judge «fec. ' 
proper to prohibit or regulate the carrying of fire, 
fire-brands, lighted matches, or any other ignited ma- 
terials, 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 
they may designate, from erecting or maintaining any 
defective chimney, hearth, oven, stove, or stove-pipe, 
fire-frame, or other fixture, or of making any depos- 
ite of ashes, or other materials, which may be the 
means of kindling or spreading fire, or of giving just 
cause of alarm : provided, that such rules and ordi- Provisos, 
nances shall not be repugnant to the constitution and 
laws of the Commonwealth : and provided, they 
38 



2&4 



When to take 
effect. 



CHARLESTOWN M. F. INS. CO. Feb, 13,1838. 

shall not be binding until the same shall have been 
approved bj the inhabitants of said town, in legal 
meeting held for that purpose, and shall have been 
published in some newspaper printed in Nantucket. 
And said board of fire-wards may annex suitable pen- 
alties to the breaches of any of said rules and ordi- 
nances, not exceeding twenty dollars for any one 
breach thereof; and the same shall be sued for and 
recovered by the town clerk of said town, in his own 
name, before any court of competent jurisdiction, 
and applied to the improvement of the fire apparatus 
of said town. 

Sec. 8. All former laws inconsistent with the 
provisions of this act, are hereby repealed, and this 
act shall take effect from and after the annual town 
meeting of said town for the choice of town officers, 
for the year eighteen hundred and thirty-eight. 

[Approved by the Governor, February 13, 1838.] 



May insure per- 
sonal propert}'. 



CHAP. VIII. 

An Act in addition to An Act to incorporate the 
Charlestown Mutual Fire Insurance Company. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The Charlestown Mutual Fire Insurance Compa- 
ny, in the town of Charlestown, is hereby author- 
ized and empowered, in addition to the privileges 
granted it by the act of March twenty-third, in the 
year one thousand eight hundred and thirty-six, to 
make insurance upon stock, tools, furniture, and other 
personal property within this Commonwealth : pro- 
vided, that at a legal meeting of the members of said 



WESTERN RAIL-ROAD. Feb. 21, 1838. 295 

company, called for the purpose, a majority of those 
in interest shall vote to accept the same. 

[Approved by the Governor, February 13, 1838.] 



CHAP. IX. 

An Act to aid the construction of the Western Rail- 
road. 

x5E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
autfiority of the same, as follows : 

Sec. 1. The treasurer of the Commonwealth is Scrip to be issu- 
ed. 

hereby authorized and directed to issue scrip or cer- 
tificates of debt, in the name and in behalf of the Com- 
monwealth, and under his signature and the seal of 
the Conmionvveahh, for the sum of two millions, one 
hundred thousand dollars, which may be expressed 
in the currency of Great Britain, and shall be paya- 
ble to the bearer thereof in London, and bearing an 
interest of five per cent, per annum, payable semi- 
annually in London, on the first days of April and 
October, with warrants for the interest attached 
thereto, signed by the treasurer ; which scrip or cer- 
tificates shall be redeemable in London at the end 
of thirty years from the date thereof; and in no case 
exceeding thirty years from the first day of April, in 
the year one thousand eight hundred and thirty-nine; 
and shall be countersigned by the Governor of the 
Conmionwealth, and be deemed a pledge of the faith 
and credit of the Commonwealth, for the redemption 
thereof. And the treasurer of the Commonwealth 
shall, under the conditions herein-afier provided, de- 
liver the same to the treasurer of the Western Rail- 



296 



WESTERN RAIL-ROAD. 



Feb. 21, 1838. 



When, and on 
what conditions. 



Proviso. 



road Corporation, for the purpose of enabling said 
corporation to complete the Western Rail-road. 

Sec. 2. When the said corporation shall have 
received, to be expended in the construction of said 
road, the one half of the fifth assessment of five per 
cent, upon the stock held by private stockholders, 
and shall have filed a certificate thereof in the office 
of the treasurer of the Commonwealth, signed bj the 
directors of said corporation, then the said fifth as- 
sessment on the shares of said stock owned by the 
Commonwealth shall be paid ; any thing in the "act 
in aid of the Western Rail-road Corporation," passed 
April fourth, in the year one thousand eight hundred 
and thirty-six, to the contrary notwithstanding. And 
the scrip or certificates of debt for the one half of the 
amount authorized by the first section of this act, 
shall be thereafter delivered to the treasurer of said 
corporation. And when the said corporation shall 
have received, to be expended as aforesaid, upon the 
said fifth assessment, seventy-five per cent, of the 
amount thereof due from the private stockholders, 
and also upon the sixth assessment of five per cent, 
upon their stock, seventy-five per cent, of the amount 
thereof so due from the private stockholders, and 
shall have filed a certificate thereof as aforesaid, then 
the said sixth assessment on the shares of said stock 
owned by the Commonwealth shall be paid, and the 
scrip or certificates of debt for the remaining part of 
the amount thus authorized, shall be thereafter de- 
livered to the treasurer of said corporation : provi- 
ded^ however, that said scrip shall not be thus deliv- 
ered in larger sums than three hundred thousand 
dollars at one time ; and after the delivery of the 
first three hundred thousand dollars of said scrip, the 
residue thereof shall not be delivered to said treasur- 



WESTERN RAIL-ROAD. Feb. 21, 1838. 297 

er, until it shall be made to appear, to the satisfac- 
tion of the Governor and Council, that at least two 
thirds of the proceeds of the scrip previously deliver- 
ed, shall have been faithfully expended or appropri- 
ated for the construction of said road, or providing 
engines, cars, and other appurtenances thereof. 
And if said corporation shall give security, to the 
satisfaction of the Governor and Council, for the 
payment of any part of the assessments, in this sec- 
tion required to be made, such security shall be 
deemed to be equivalent to the payment of the 
amount so secured. 

Sec. 3. The premium or profits on the sales of Premiums to be 

., . ,„ rji III I paid to the Trea- 

said scrip or certincates or debt, shall, when re- surer, &c. 
ceived, be paid by said corporation to the treasurer 
of the Commonwealth ; and after the said road shall 
be opened for use, a sum equal to one per cent, on 
the amount of said scrip thus issued, shall be annu- 
ally set apart from the income of said road, and paid 
to said treasurer ; and the whole thereof shall be 
by him placed at interest, and the same, with the 
interest annually accruing thereon, shall constitute 
a sinking fund for the future purchase or final re- 
demption of said scrip. 

Sec. 4. The said corporation shall, during the ximeofcom- 
year one thousand eight hundred and thirty-eight, panoffhe*roadr 
and as soon as the same can conveniently be done, 
commence the construction of sucii part of said road 
lying between Springfield and Pittsfield, as will re- 
quire the longest time for its completion, and prose- 
cute the same in such manner as to secure the 
completion of the whole road from Springfield to 
the western line of the state, as early as is practica- 
ble, with a due regard to economy. And no part of 
the funds of said corporation shall be appropriated 



298 WESTERN RAIL-ROAD. Feb. 21, 1838. 

to the construction of any branch of the road, until 
the completion of the main line thereof. But if the 
directors judge it best for the interest of the public 
and of the corporation, they may construct, or au- 
thorize others to construct under them, a branch 
from their main road to the village of West Stock- 
bridge. 
Bond to be given Sec. 5. No part of Said scrip shall be delivered 
to the treasurer of said corporation until said corpo- 
ration, at an annual meeting, or at a special meeting 
duly notified for that purpose, shall have assented to 
the provisions of this act, and shall have executed 
to the Commonwealth a bond, in such form as the 
attorney general shall prescribe, conditioned that 
said corporation shall comply with the requisitions 
of this act, and shall faithfully expend the proceeds 
of said scrip in the construction of their road, and 
shall indemnify and save harmless the Common- 
wealth from all loss or inconvenience on account of 
said scrip or certificates of debt, and that said cor- 
poration shall and will pay the principal sum of the 
said scrip or certificates which may be delivered to 
their treasurer, punctually in London, when the 
same shall become due, or such part thereof as the 
sinking fund aforesaid may prove insufficient to pay, 
and the interest thereon, semi-annually, in London, 
as the same shall fall due ; and shall also convey to 
the Commonwealth, by a suitable instrument to be 
prepared for that purpose, under the direction of the 
attorney general, their entire road, with its income, 
and all the franchise and property to them belong- 
ing, as a pledge or mortg;ige to secure the perform- 
ance of all the conditions of said bond : prodded^ 
that the Commonwealth shall not take possession of 
said pledged or mortgaged property, unless for a 
substantial breach of some condition of said bond. 



WRENTHAM MINING CO. Feb. 22, 1838. 299 

Sec. 6. Nothing in this act contained shall he Ri&htofthe 

o btaie lo pur- 

constrned to impair or lessen the ri^ht of the Com- ^aseiheroad, 
monwealth to purciiase the said rail-road, and all 
the franchise, property, rights and privileges of said 
corporation, on the terms and conditions contained 
in their act of incorporation And if, on said pur- 
chase, the Commonwealth shall have paid, or shall 
pay or assume to pay said scrip, or any part thereof, 
the amount which they shall have so paid, or shall 
pay or assume, shall not be deemed to be a part of 
the cost of the road, for which the Commonwealth 
shall pay interest on said purchase, within the pro- 
visions of said act of incorporation. 

Sec. 7. This act shall take effect from and after 
its passage. 

[Approved by the Governor, February 21, 1838.] 



CHAP. X. 

An Act to incorporate the Wrentham Mining Com- 
pany. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. David A. Fisher, Howard Mann, and p^^T' '"''"'P"' 

' ' rated. 

Benjamin H. Cheever, and their successors, are 
hereby made a corporation by the name of the 
Wrentham Mining Company, for the purpose of dig- 
ging and mining for coals and other minerals in the 
counties of Bristol and Norfolk, and of converting 
the same to useful purposes, with all the powers and 
privileges, and subject to all the duties, restrictions 
and liabilities set forth in the thirty-eighth and forty- 
fourth chapters of the Revised Statutes. 



300 



Estate. 



SALEM HARBOR. 



Feb. 23, 1838. 



Sec. 2. The said corporation may hold, for the 
purposes aforesaid, real estate to the amount of six- 
ty thousand dollars, and the whole capital of said 
corporation shall not exceed the sum of one hundred 
thousand dollars. 

[Approved by the Governor, February 22, 1838.] 



Authorized to 
sell parsonage 
lands. 



CHAP. XI. 

An Act to authorize the West Parish in Barnstable 
to sell Parsonage Lands. 

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 : 

The West Parish in Barnstable, is hereby author- 
ized to sell and convey a tract of land owned by 
them, lying in the westerly part of said town, and 
to apply the proceeds to parochial purposes, and to 
no other. 

[Approved by the Governor, February 22, 1838.] 



CHAP. XII. 

An Act to prevent Obstructions in the Harbor of 

Salem. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

No person shall throw, or put, or cause to be 
thrown or put, from any vessel or otherwise, any 
ballast, rubbish, or materials of any description, 
into the harbor of Salem, or into the channel of the 



B. & E. B. DIVIDING LINE. Feb. 23, 1838. 301 

South Kiver, which may injure or obstruct the navi- 
gation of the same. 

Any person guilty of this offence, may be pros- Penalties. 
ecuted therefor, by complaint before the police 
court of said city, and shall, at the discretion of 
the justice of said court, be punished by a fine not 
exceeding twenty dollars, or be holden to answer 
for the same at the court of common pleas, and on 
conviction in said court, shall be punished by a fine 
not exceeding two hundred dollars for every offence. 

[Approved by the Governor, February 23, 1838.] 



CHAP. XIII. 

An Act to establish the Dividing Line between the 
towns of Bridgewater and East Bridgewater, in 
the county of Plymouth. 

Jl>E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The dividing line between the towns of Bridge- Boundary lines. 
water and East Bridgewater, in the county of Ply- 
mouth, is hereby established as follows : Beginning 
at a stone monument, which is the southeast corner 
of the town of West Bridgewater ; thence running 
east, fourteen degrees and forty minutes north, to a 
stone monument standing by the side of the turnpike, 
near a gravel ridge; thence south, forty-one degrees 
and ten minutes east, one hundred and thirty-five 
rods and ten links, to a rock on the westerly side of 
the road ; thence, continuing the same range, seven- ' 

ty-two rods and fifteen links, to a stone monument 
standing on the east side of the road by the side of 
a rock ; thence east, twenty-two degrees and fifty 
39 



302 BANK COMMISSIONERS. Feb. 23, 1838. 

minutes south, one hundred rods, to a stone monu- 
ment standing by the side of a pine stump; thence 
north, seveniy-five degrees east, ninety rods, to the 
north side of the arch bridge across Satucket riv- 
er ; thence on the west side of the road to the turn of 
the road ; thence on the north side of the road until it 
comes opposite an elm tree, standing about seven 
rods to the eastward of William Mitchell's dwelling- 
house ; thence across the road at right angles ; 
thence on the southerly side of the road eastwardly 
to Sandy hill, (so called ;) and thence continuing on 
the southerly side of the usual road to Plymouth, 
which passes the dwelling-houses of William Briggs, 
Melzar Hudson, and Ebenezer Hathaway, to Hali- 
fax line : and the said line, as above described, shall 
forever hereafter be the dividing line between said 
towns of Bridge water and East Bridge water. 

[Approved by the Governor, February 23, 1838.] 



CHAP. XIV. 

An Act providing for the appointment of Bank Com- 
missioners. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled,, and by the 
authority of the same, as follows : 
Appointment of Sec. 1. There shall be appointed by the Govcm- 

commissioners, •ii !• r ^ r^ •! ir* i 

and tenure of or. With the advice 01 the Council, on or beiore the 
first day of May next, three persons to be styled 
Bank Commissioners, who shall exercise the powers 
and perform the duties hereinafter specified, for the 
term of three years, and until their successors are ap- 
pointed and qualified : provided, however, that the 
person first named of said commissioners shall go out 



BANK COMMISSIONERS. Feh. 23, 1838. 303 

of office at the end of one year, and the person next 
named shall go out of office at the end of two years ; 
but any person going out of office may be re-ap- 
pointed ; a7id provided, further, that the Governor, 
with advice of Council, may at any time remove from 
office any or all of said commissioners, and fill all 
vacancies. 

Sec. 2. Said commissioners, or some one of them To examine 

hanks, &c. at 

at least, once in every twelve months, and as much least once a year. 
oftener as they may deem expedient, shall visit ev- 
ery bank and provident institution for savings, which 
has been or may be incorporated by the authority of 
this Commonwealth, and shall have free access to 
their vaults, books and papers, and shall thoroughly 
inspect and examine all the affiiirs of said corpora- 
tions, and make any and all such inquiries as may be 
necessary to ascertain the condition of said corpora- 
tions, and their ability to fulfil all the engagements 
made by them, and whether they have complied 
with the provisions of law applicable to their trans- 
actions. 

Sec. 3. Said commissioners, or either of them. Penalties for re. 

di , III 1 • fusals to testify , 

examine, under oath, all the di- &c. 

rectors, officers or agents of said corporations, and 
such other witnesses as they may think proper, in re- 
lation to the affairs, transactions and condition of said 
corporations; and any such director, officer, agent, or 
other person, who shall refuse, without justifiable 
cause, to appear and testify when thereto required 
as aforesaid, or who shall obstruct, in any way. any 
commissioner in the discharge of his duty, as pre- 
scribed in this act, shall, on conviction, be subject 
to a fine not exceeding one thousand dollars, or im- 
prisonment for a term not exceeding one year. 
Sec. 4. In addition to the examinations herein 



304 BANK COMMISSIONERS. Feb. 23, 1838. 

provided for, said commissioners, or a majority of 
tliem, shall, whenever directed by the Governor, 
visit any bank or provident institution for savings, 
which may be designated by him, and make a full 
investigation of the affairs of such corporation in tlie 
manner herein before provided. 
Injunction to be gj,,-. 5 ]f upon examination of any bank or 

issued by S. J. '1 -^ 

c. on application p,.^yjj]g,^^ institution for savings, a majority of said 

01 commission- r o ' .^ ^ 

^'■8- commissioners shall be of opinion, that the same is 

insolvent, or, that its condition is such as to render 
its further progress hazardous to the public, or to 
those having funds in its custody, and also, that the 
said bank or provident institution for savings has ex- 
ceeded its powers, or has failed to comply with all 
of the rules, restrictions and conditions provided by 
law, they may apply to some one of the justices of 
the supreme judicial court, to issue an injunction to 
restrain such corporation, in whole or in part, from 
further proceeding with its business, until a hearing 
of the said corporation can be had, and said justice 
shall forthwith issue such process, and after a full 
hearing of said corporation upon the matters afore- 
said, may dissolve or modify the said injunction or 
make the same perpetual, and make such orders and 
decrees to suspend, restrain or prohibit the further 
prosecuting of the business of such corporation as 
may be needful in the premises accordinj^ to the 
course of chancery proceedings, and, at his discretion, 
may appoint agents or receivers to take possession 
of the property and effects of the corporation, sub- 
ject to such rules and orders, as may from time to 
time be prescribed by the supreme judicial court or 
any justice thereof, in vacation. And said commis- 
sioners shall have power to appoint a clerk of their 
board, prescribe his duties, and fix his compensation, 



BANK COMMISSIONERS. Feb. 23, 1838. 305 

whenever the public good may in their opinion de- 
mand such appoint nient. 
. Sec, 6. Said commissioners, in the month of ^"'"'"'^sioners 

to report lo Gov- 

December annually, shall make a report to the Gov- emor- 
ernor of the general conduct and condition of the 
corporations visited by them ; and in case any one 
or more of said corporations have, in the opinion of 
the commissioners, essentially violated any law of 
this Commonwealth, they shall make a special re- 
port on the subject of such violation, containing such 
statements and remarks as they may deem expe- 
dient ; and all reports made by said commissioners, 
shall be laid before the Legislature at their next 
session. 

Sec. 7. Before entering on the duties of their —'°he under 

oath. 

office, said commissioners shall severally make oath, 
before some justice of a court of record, or before 
any two justices of the peace within this Common- 
wealth, a certified copy of which shall be returned, 
within thirty days, to the office of the Secretary of 
the Commonwealth, that they will faithfully and 
impartially discharge and perform all the duties 
incumbent upon them in their said office, agreeably 
to the constitution and laws of this Commonwealth, 
according to their best abilities and understanding. 

Sec. 8. Neither the said commissioners nor their 
clerk shall disclose the names of the debtors of any 
monied corporation examined by them, nor impart 
any information obtained by them in the course of 
such examination, excepting so far as may become 
necessary in the performance of their duties. 

Sec. 9. Each of the aforesaid commissioners Compensation, 
shall receive, as a compensation for his services, six 
dollars for each and every day employed by him in 
the performance of the duties prescribed by this act, 



306 MAVERICK CONG. SOC. Feb, 23, 1838. 

together with the same allowance for travel now 
made bj law to the county commissioners; and the 
Governor is hereby authorized to draw his warrants 
on the treasury therefor, and for the compensation 
prescribed for the services of a clerk of said com- 
missioners, according to the fifth section of this act. 

Sec. 10. Nothing contained in this act shall 
affect, impair or diminish the power reserved to the 
Legislature, by the fortieth section of the thirty- 
sixth chapter of the Revised Statutes, or prevent 
the Legislature from exercising, at any time, the 
powers and duties therein mentioned. 

Sec. 11. This act shall take effect from and 
after its passage. 

[Approved by the Governor, February 23, 1838.] 



CHAP. XV. 

An Act to incorporate the Maverick Congregational 

Society. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled^ and by the 
authority of the same, as follows : 
Persons incorpo- Sec. 1. Aarou Ordway, James M. Whiton, and 
Jacob Hayes, together with all persons who are sub- 
scribers to the stock, or, who shall hereafter become 
proprietors of pews in the meeting-house situated on 
Maverick Street, in East Boston, so called, are 
hereby made a corporation by the name of the Mav- 
erick Congregational Society, in the city of Boston, 
with all the powers and privileges, and subject to all 
the duties, restrictions and liabilities, set forth in the 
forty-fourth chapter of the Revised Statutes, and in 
the twentieth chapter of said statutes, so far as the 



CEMETERY IN WORCESTER. Feb. 23, 1838. 307 

provisions of the chapter relate to the proprietors of 
meeling-houses. 

Sec. 2. The said corporation may hold real and Estate. 
personal estate, the annual income of which shall 
not exceed the sum of two thousand five hundred 
dollars : provided, the same be appropriated exclu- 
sively to parochial purposes. 

[Approved by the Governor, February 23, 1838.] 



CHAP. XVI. 

An Act relating to the Boston Asylum and Farm 
School for Indigent Boys. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The Boston Asylum and Farm School for Indi- 
gent Boys, are hereby authorized to bind out boys 
to citizens of any of the New England States, in 
like manner and upon the same terms as they now 
may to citizens of this Commonwealth. 

[Approved by the Governor, February 23, 1838.] 



CHAP. XVII. 

An Act to incorporate the Proprietors of the Rural 
Cemetery in Worcester. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Nathaniel Paine, Samuel M. Burnside, Persons incorpo- 

T Ti • • • rated. 

Ira Barton, Rejoice Newton, and their associates, 



308 CEMETERY IN WORCESTER. Feb. 23, 1838. 

with such other persons as shall become proprietors 
of lots of land containing not less than two hundred 
square feet in the cemetery herein after mentioned, 
and their successors, are hereby made a corporation, 
by the name of the Proprietors of the Rural Ceme- 
tery in Worcester ; and said corporation shall have 
all the powers and privileges provided in the forty- 
fourth chapter of the Revised Statutes. 
May take a deed Sec. 2. Said Corporation may take, from the Hon- 
orable Daniel Waldo, a deed of gift in fee simple of 
a certain lot of land in the town of Worcester, lying 
and being about three-fourths of a mile north of the 
court-house, on the easterly side of the new Holden 
May hold addi- road ; and may hold the same, and may take and 
hold, by purchase or otherwise, land adjoining there- 
to, in fee simple, not exceeding twenty acres in ad- 
dition to said lot, for the purposes herein after pro- 
May hold person- vided ; and may also take and hold personal proper- 

al estate. -, . . , i i 1 1 

ty, not exceedmg m amount ten thousand dollars, to 
be applied to purposes connected with, and appro- 
priate to the objects of said corporation. 
Powers of the Sec. 3. Said Corporation shall take and hold said 

land, and such other land as they are authorized to 
obtain by the authority of this act, as and for a rural 
cemetery, or burying-ground ; and for the erection 
of tombs, cenotaphs, or other monuments, for or in 
memory of the dead, and for no other purpose ; and 
shall have power to lay out the same in suitable lots 
or subdivisions for family, or other burying-places ; 
to plant and embellish the same with trees, shrubbe- 
ry, and other rural ornaments, to enclose the same 
with suitable walls or fences, and to make and an- 
nex thereto other suitable appendages as said corpo- 
ration may from time to time deem expedient; to 
erect on said premises a dwelling-house with suita- 



corpoiatiou. 



CEMETERY IN WORCESTER. Feb. 23, 1838. 309 

ble appendages thereto ; to set off a portion of said 
land as a garden ; to grant and convey to any per- 
son or persons the sole and exchisive right of burial, 
and of erecting tombs and cenotaphs, and of orna- 
menting any designated lot or sul)division, upon 
such terms and conditions, and subject to such regu- 
lations, as said corporation shall prescribe ; and any 
right so granted and conveyed shall be held for the 
purposes aforesaid, and for none other, as real estate, 
by the proprietor or proprietors thereof, and shall 
not be sul)ject to attachment or execution, nor be li- cemetery ex- 

'' empt, &.C., from 

able to taxation, nor shall said corporation be liable '^''^s- 
to be taxed for said land. 

Sec. 4. Any person who shall wilfully destroy. Penalty for de- 

., ^ J ^ . . , stroying. &c. 

mutilate, detace, injure or remove any tomb, monu- 
ment, grave-stone, or other structure placed in the 
cemetery aforesaid ; or any fence surrounding said 
land ; or any fence, railing or other work erected 
for the protection or ornament of any tomb, monu- 
ment, grave-stone or other structure, aforesaid, or of 
any cemetery lot; or shall wilfully destroy, remove, 
cut, break or injure any tree, shrub, or plant, within 
the limits of said garden or cemetery ; or shall shoot 
or discharge any gun or other fire-arms within the 
said limits, shall be deemed guilty of a misdemeanor, 
and, upon conviction thereof, before any justice of the 
peace, or other court of competent jurisdiction, shall 
be punished by a fine not less than five dollars, nor 
more than one hundred dollars, according to the na- 
ture and aggravation of the offence ; and such of- offender liable in 

» 1 I , , , , I . , I . f, an action for tres- 

lender shall also be liable to an action or trespass, to pass, &c. 
be brought in any court of competent jurisdiction in 
the name of the proprietors of said cemetery, to pay 
all damages which shall have been occasioned by his 
or her unlawful act or acts ; which money, when 

40 



310 CEMETERY IN WORCESTER. Feb, 23, 1838. 

recovered, shall be applied, by the trustees of said 
corporation, to the reparation and restoration of the 
property destroyed or injured as aforesaid ; and mem- 
bers of said corporation shall be competent witnesses 
in such suit. 
Lawful for corpo- Sec. 5. Said corporatiou may take and hold any 

ration to hold any \ • i • \ ' c 

grant, &c., of grant, donation, devise or bequest or any property in 
proper 3. i^y^^i • to apply the same, or the income thereof, un- 

der the direction of the board of trustees, for the im- 
provement or embellishment of said cemetery, or of 
the house and garden aforesaid, or for repairing any 
fence, tomb, grave-stone, or railing, around or on 
said cemetery, accroding to the terms of such grant, 
donation, devise or bequest ; and the supreme judi- 
cial court, or any other court having equity jurisdic- 
tion, shall have power to compel the execution of 
such trust. 
In case of the Sec. 6. Said lots shall be indivisible, and upon 

pr^tor" de"^see° the dcccasc of any proprietor of a lot in said ceme- 

or heir at law en- •• ^1 ,1 ^ ujj 

titled to, &c. tery contaming not less than two hundred square 
feet, the heirs at law or devisees of such lot, as the 
case may be, shall be entitled to all the privileges of 

When more than membership : provided^ however, that if there be more 

one devisee or , , . , 1 . r 1 1 j 1 

heir at law, trus- than ottc heu" at law or devisee oi such lot, and they 

tees to designate, , ... ^ r\ 1 • L 

&c. do not agree in writing, and hie such agreement with 

the clerk of said proprietors, within six months from 
the decease of the owner, the board of trustees shall 
designate and enter of record, which of said heirs at 
law or devisees shall represent said lot and vote in 
the meetings of said corporation ; which designation 
shall continue in force until said heirs or devisees 
shall make and file such agreement in manner afore- 
said, or until, by reason of death, removal, or other 
sufficient cause, another designation shall become ne- 
cessary ; and in making any such designation, the 



F. I. BAPTIST SOC. IN BOST'N. Feb. 23, '38. 311 

trustees shall, as far as may conveniently be done, Preference to be 

I r 1 • • given to males. 

give preference to males over lemales, to proximity 
of blood, and to priority of age, having due regard, 
however, to proximity of residence. 

Sec. 7. This act shall take effect from and after 
its passage. 

[Approved by the Governor, February 23, 1838.] 



CHAP. XVIII. 

An Act to incorporate the First Independent Bap- 
tist Church and Society in Boston. 

Be it enacted by the Senate and House of Rep- 
resentatives^ in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Samuel Jasper, Thomas Dalton, and Persons incorpo- 
Coffin Pitts, their associates and successors, are 
hereby made a corporation, by the name of the First 
Independent Baptist Church and Society in Boston, 
with all the powers and privileges, and subject to all 
the duties, restrictions and liabilities, set forth in the 
forty-fourth chapter of the Revised Statutes, and in 
that part of the twentieth chapter of said statutes, 
which relates to parishes and religious societies. 

Sec. 2. Said corporation may hold real and per- Estate. 
sonal estate, the annual income of which shall not 
exceed the sum of two thousand dollars : provided, 
the same be appropriated exclusively to parochial 
purposes. 

[Approved by the Governor, February 23, 1838.] 



312 



AGAWAiVi, &c., FISHERY. 



Feb. 26, 1838. 



Committee, how 
chosen. 



CHAP. XIX. 

An Act to regulate the Fishery in the Agawam and 
Half-waj Pond Rivers. 

_oE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, dsfolloios : 

Sec. 1. The towns of Plymouth and Wareham 
shall annually, at their meetings in the month of 
November, respectively, choose by ballot, a commit- 
tee of not more than three persons each, who shall 
be sworn to the faithful discharge of their duties, in 
the manner of other town officers, — which commit- 
Dutiesofcom- tee shall, in the month of March, annually, after a 
public notice of at least ten days, sell by public 
vendue the privilege of taking the fish called ale- 
wives and shad, in the Agawam and Half-way Pond 
Rivers, in the county of Plymouth, at such places, 
not exceeding two in said towns, and on such days, 
not exceeding three in each week, as said commit- 
tees shall agree upon and publish in their notice of 
sale ; they shall also express in said notice the man- 
ner of taking and disposing of said fish, and the price 
at which the purchasers may sell them, which price 
shall not exceed twenty-five cents a hundred for ale- 
wives, and four cents each for shad : provided, nev- 
ertheless, that said committee may fix upon one 
place in the town of Wareham, and one day in each 
week, for taking shad, different from the place and 
day of the week appointed for taking alewives. 

Sec. 2. The committee of the town of Plymouth, 
the first year after the passage of this act, and the 
committee of the 4own of Wareham, the second year, 
and so on alternately forever, shall notify the town 



Limitation of 
price. 



AGAVVAM, &c., FISHERY. Feb, 26, 1838. 313 

clerk of the other town concerned in said fishery, of 
the time and place in which said committees shall 
meet, ten dajs at least, before the time of meeting ; ^nstuuted"^ 
and the members of the committee present at said 
meeting, shall constitute a quorum for doing busi- 
ness. 

Sec. 3. If either of said towns shall neglect to Penalty for neg- 

lect. 

choose its committee as aforesaid, or if the commit- 
tee of either town shall neglect to give notice as 
above required to the other, said town shall forfeit 
and pay to the use of the other which shall choose 
such committee, or whose committee shall give said 
notice, for each neglect, the sum of one hundred dol- 
lars. 

Sec. 4. All persons except the purchasers as Persons not au- 

r. .J I , 111 fiiii thorized to take 

aioresaid, or those employed by them, who shall take fish, liable to 
any of said fish in said rivers, or in any pond or ''^"^ ^ 
stream having communication therewith, between 
the first day of April and the first day of June, both 
inclusive, in each year, shall forfeit and pay not 
more than twenty dollars for each and every offence. 

Sec. 5. The owner or occupier of any dam on Dams required 

' •' to be opened. 

said rivers, shall annually, between the first day of 
April and first day of June next following, for 
such term of time, and in such manner as said com- 
mittee shall direct, open a sufficient passage for said 
fish through said dam ; and on failure of opening penalty for neg- 
such passage, or of continuing the same open as d'^amsf ° "'^^'^ 
aforesaid, shall forfeit and pay the sum of one hun- 
dred dollars; and said committee may open such committee may 

di 1 1 r • 1 1 1' open dams, &c. 

am, when neglected as aroresaid, at the expense or 

the proprietor thereof: provided, no more damage 
is thereby done the owner than is necessary to ef- 
fect said purpose. 



3^14 AGAWAM, &c., FISHERY. Feh. 26, 1838. 

No wear, &c., to Sec. 6. If aiiv persoH shall make any wear, or 

be used except i i • \ r r 

as approved by cause anj Other obstruction to the Iree passage of 

committee. •ir-i •!• in i c 

said nsh up said rivers, or shall make use ol any 
seine to take said fish in said rivers, or shall take 
any of said fish in said rivers, or in any pond or 
stream communicating with the same, in any other 
manner, or at any other time or place, than such as 
' may be approved and established by said committee, 

Penalty for vio- bctwccn the first dav of April and first day of June 

lation of regula- . 

*'°"s- as aforesaid, he shall forfeit and pay not more than 

twenty dollars for each and every offence ; and said 
committee shall remove such wear or obstruction at 
the expense of the person causing the same, and 
also seize, to the use and disposal of said towns, any 
seine used as aforesaid, and make complaint to the 
town treasurer of either of the towns aforesaid, of 
any violation of this act that shall come to their 
knowledge. 

Forfeitures, how Sec. 7. The treasurci's of the aforcsaid towtts Tc- 

to be recovered, . , i i • ^ r i 

&c. spectively may, upon the complaint ot any member 

of the Committees aforesaid, sue for the recovery of 
any forfeitures incurred by a breach of any of the 
regulations provided in this act, and also of any such 
further regulations as may be provided and estab- 
lished by said committees, in conformity to this act ; 
and all fines and forfeitures recovered for any breach- 
es aforesaid, except such as are provided in the third 
section of this act, shall, together with the proceeds 
of said fishery, be equally divided between said 
towns; and all the expenses attending said suits 
shall in like manner be equally borne by them. And 
the treasurers aforesaid, respectively may, in behalf 
of their respective towns, recover, by an action on 
the case, of any person or corporation withholding 
the same, one half part thereof, in any court proper 
to try said action. 



AGAWAM, &c., FISHERY. Feb. 26, 1838. 316 

Sec. 8. The purchasers of the privilege of Purchasers of 

1 • • 1 r- I 1 1 1 • II r privileges re- 

taking said fish shall, m all respects, conform them- quired to con- 

, form to regula- 

selves to such regulations and conditions as said tions, &c. 
committees shall publish, as aforesaid ; and on fail- 
ure thereof, shall forfeit and pay, for each offence, a 
sum not exceeding twenty dollars. 

Sec. 9. Any member of the committees aforesaid, Members of com- 

, , . , • . miltee may testi- 

may be admittea as a competent witness in any pros- fy. 
ecution for a breach of any regulation as aforesaid. 

Sec. 10. The committees chosen by said towns, 
in the month of November last, for regulating the 
taking of alewives in said rivers, agreeably to the 
provisions of the act then existing for that purpose, 
may perform all the duties for the present year, that 
are required of committees hereafter to be chosen, 
under the provisions of this act ; and they, as also compensation of 
committees hereafter chosen for the purposes con- *^°"""' 
templated by this act, shall receive, out of the pro- 
ceeds of said fishery, one dollar and twenty-five 
cents each, for every day's service they may be ac- 
tually engaged in performing the duties herein re- 
quired of them. 

Sec. 11. All laws heretofore passed respecting 
the fishery in said rivers, are hereby repealed, ex- 
cepting so far as respects any penalties already in- 
curred for a breach of the same. 

Sec. 12. This act shall take effect from and after 
its passage. 

[Approved by the Governor, February 26, 1838.] 



316 HINGHAM CEMETERY. Feb. 28, 1838. 



CHAP. XX. 

An Act to incorporate the Proprietors of the Hing- 
ham Cemetery. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Persons incorpo- Sec. 1. Jotham Lincoln, Edvvard Thaxter, and 
Jairus Lincoln, their associates and successors, are 
hereby made a corporation, by the name of the Pro- 
prietors of the Hingham Cemetery; and said corpo- 
ration shall have all the powers and privileges, and 
be subject to all the duties, restrictions and liabili- 
ties, set forth in the forty-fourth chapter of the Re- 
vised Statutes. 

May take a deed Sec. 2. The Said corporation may take a deed 

ofgift. , . . 

of gift in fee simple of a certain lot of land situated 

in Hingham, in the county of Plymouth, from Adam 

May hold addi- \V. Thaxtcr, and may hold the same, and may also 

tional real estate. "^ . ^ 

take and hold, as aforesaid, any other lands adjacent 
thereto, in fee simple, not exceeding ten acres in ad- 
dition to said lot, for the purpose hereinafter provi- 

May hold person- dcd : and may also hold any personal estate, not ex- 
ceedmg ni value two thousand dollars, to be applied 
to the purposes connected with, and appropriate to 
the object of said corporation. 

Powers of the Sec. 3. The Said corporation shall take and hold 

the land aforesaid for a rural cemetery, or burying- 
ground, and for the erection of tombs, cenotaphs, or 
other monuments in memory of the dead ; and for 
this purpose, may lay it out in suitable lots or sub- 
divisions for family or other burying-places, and 
plant and embellish it with shrubbery, flowers, trees, 
walks, and other rural ornaments, and enclose and 



corporation. 



HINGHAM CEMETERY. Feb. 28, 1838. 317 

divide it with proper walls and enclosures, and may 
make and annex thereto such other suitable append- 
ages as the corporation shall from time to time deem 
expedient. 

And the said real estate shall be forever held by 
said corporation for such purposes, and for no 
other. 

And said corporation may grant and convey to 
any person or persons, the sole and exclusive rigjht 
of burial and of erecting tombs, cenotaphs, or other 
monuments, in any such designated lots and subdi- 
visions : and any right so granted and conveyed shall 
be held for the purposes aforesaid and for none other 
as real estate by the proprietor or proprietors there- 
of; and said cemetery is hereby declared exempted cemetery ex- 

'' "^ _ ■■^ empt from taxa- 

from all public taxes, so long as it shall remain ded- ''°"' 
icated to the purposes of a cemetery. 

Sec. 4. All persons who shall hereafter become Proprietors of 

. lots 10 be mem- 

proprietors oi lots, m said cemetery, of a size not i>ers. 
less than one hundred square feet, shall thereby be- 
come members of said corporation. 

Sec. 5. All the provisions contained in the sev- 
enth and ninth sections of the act of March thirty- 
first, in the year one thousand eight hundred and 
thirty-five, to incorporate the proprietors of the cem- 
etery of Mount Auburn, in the county of Middlesex, 
shall apply to and have effect as to the Hingham 
Cemetery, in the county of Plymouth. 

[Approved by the Governor, February 28, 1838.] 



41 



SIS SEC. UNIVER. SOC. LOWELL. March 2, 1838. 

CHAP. XXL 

An Act concerning Juries. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

No member of the Senate or of the House of Rep- 
resentatives, or the officers of either of those branch- 
es, shall, during the session of the General Court, 
be required to perform the duty of a juror. 

[Approved by the Governor, February 28, 1838.] 

CHAP. XXII. 

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

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Personi incorpo- Sec. 1. Asa W. Willoughby, Otls Bullard, and 
Isaac Place, their associates and successors, are 
hereby made a corporation, by the name of the Pro- 
prietors of the Second Universalist Meeting-house 
in Lowell ; with all the powers and privileges, and 
subject to the restrictions, duties and liabilities, set 
fprth in the forty-fourth chapter of the Revised Stat- 
utes. 

Estate. Sec. 2. Said corporation ma} hold real and per- 

sonal estate, the annual income of which, exclusive 
of their meeting-house, shall not exceed the sum of 
fifteen hundred dollars ; and said corporation may 
divide their whole capital stock into shares not less 



BOUNTY ON WHEAT. March 2, 183a.. 319 

than one hundred, nor ntiore than eight hundred in num- 
ber : provided, that no share shall ever be assessed in 
a larger sum in the whole, than twenty-five dollars : 
provided, also, that when the dividends upon such 
shares shall have paid the amount of all assessments 
made upon them, with six per cent, interest upon 
said amount from the time of payment, the income 
of said property shall thereafter be applied exclusive- 
ly to parochial purposes. 

Sec. 3. Said corporation may sell, lease, or oth- 
erwise dispose of, the pews in their meeting-house, 
as they may think proper : provided, that the pro- 
ceeds of the same shall be applied exclusively to pa- 
rochial purposes. 

[Approved by the Governor, March 2, 1838.] 



CHAP. XXIII. 
An Act to encourage the production of Wheat. 

l5E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. There shall be allowed and paid as a Bounty. 
bounty to the person who shall raise fifteen bushels 
of well-cleansed wheat, two dollars, and for every 
additional bushel above fifteen bushels, five cents, 
from the treasury of the city or town where said 
person shall reside. 

Sec. 2. Before any person shall be entitled to ?^'4«°"°f.P'o- 

•' ' auction required. 

receive the bounty herein provided, he shall prove, to 
the satisfaction of the treasurer of the city or town 
in which such person shall reside, that the wheat for 
which said bounty is claimed, was raised, or caused 



320 



BOUNTY ON WHEAT. 



March 2, 1838, 



Form of certifi- 
cate. 



Treasurers to 
keep an account 
of moneys paid. 



to be raised by him, and shall produce a certificate, 
signed and sworn to as follows : — 

18—. 

I do hereby certify, that I have raised within the 
Commonwealth of Massachusetts, during the year 

, bushels of well cleansed wheat, for 

which I claim the bounty provided by law therefor. 
1 further certify, that said wheat is my property, and 
has not received a bounty from the treasurer of any 
city or town whatever. 

Signed, . 

, ss. On this day of per- 



Claims for reim- 
bursement not to 
be allowed unless 
presented within 
limited time. 



Bounty to be paid 
for greatest quan- 
tity raised. 



sonally appeared the above named , 

and made solemn oath, that the above certificate by 
him subscribed is true. 

Before me, , Justice of the Peace. 

Sec. 3. The treasurers of the several cities and 
towns shall keep an account of the money by them 
paid out by virtue of this act, and present the same, 
verified by oath, to the secretary of the Common- 
wealth, to be by him laid before the Governor, who 
is hereby authorized with the advice of Council, to 
draw a warrant on the treasury for the reimburse- 
ment of the money so paid out : provided, no claim 
for such reimbursement shall be allowed, which is 
not presented previous to the last day of January 
next after the production of the wheat for which a 
bounty shall be claimed. 

Sec. 4. The sum of one hundred dollars shall be 
paid to the person who shall raise in any county in 
this Commonwealth in any one year, the greatest 
quantity of well-cleansed wheat, not less than five 
hundred bushels on one farm, — and present a satis- 
factory certificate thereof, verified by oath, to the 
secretary of the Commonwealth, to be by him laid 



BOUNTY ON WHEAT. 



March 2, 1838. 



321 



before the Governor, who is hereby authorized, with 
advice of Council, to draw a warrant on the treasury 
therefor. 

Sec. 5. All persons residing in unincorporated 
places, upon providing the certificates required by 
the second section of this act, to the treasurer of the 
nearest incorporated town, shall be entitled to the 
same bounty as persons residing in said town. 

Sec. 6. The secretary of the Commonwealth fi^"Si 
shall seasonably furnish the treasurers of the several 
cities and towns with the following blank form of 
certificate : 



to fur- 
k form 
of certificate. 



Statement of Wheat raised in the year 18 — . 

















£ 



















c 






j= 






to 


1 


td 


5 









e 



"3 
5 


•0 


c 

V 

"5 
ce 


g 




a> 


•a 


V 








-c 




>» 


., 




E 


u 

CS 

<_ 



a. 

13 

'3 


•a 




e 


'S 


c 

10 

3 

•a 


ZJ 

a. 



e 
2 




s 

a 





4) 




1 

3 


c 








s 

IS 


0^ 


b. 


'■B 


S 


E 

3 


j= 


•0 


P 


-a 
c 


•a 

c 


S S 


<u 


c 


Z 


2 


CQ 


c? 


i4 





i^ 


fed 


-5 


a. 


< 

























And the treasurers of the several cities and towns 
shall obtain from the persons who claim the bounty 
of the Commonwealth, full and satisfactory answers 
to the inquiries proposed in the foregoing statement, 
and shall return the same, attested by said treasur- 
ers, together with the account named in the third 
section of this act, to the secretary of the Common- 
wealth. 



[Approved by the Governor, March 2, 1838.] 



322 METH. SOC. IN BRADFORD. March 3, 1 838. 



CHAP. XXIV. 

An Act to incorporate the Trustees of the Methodist 
Episcopal Meeting-house in Bradford. 

jdE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Persons incorpo- Sec. 1. Benjamin Parker, Jr., Abner Hardy, 
Gorham P. Tandy, Paul Hopkinson, Eliphalet Rol- 
lins, and their successors, are hereby incorporated, 
by the name of the Trustees of the First Methodist 
Episcopal Meeting-house in Bradford ; with all the 
powers and privileges, and subject to all the duties 
and liabilities, contained in the twentieth chapter of 
the Revised Statutes, relating to parishes and the 
support of public worship. 

Estate. Sec. 2. The said trustees shall have power to 

hold and manage any and all of the estate of the 
proprietors of said meeting-house : provided, howev- 
er, that the annual income thereof, exclusive of the 
meeting-house, shall not exceed the sum of two 
thousand dollars ; and that the same shall all be ap- 
propriated to parochial purposes. 

To be divided in- ^Ec. 3. The property in said meeting-house shall 

to shares. j^^ divided into shares, and the shareholders shall 

meet annually, in the month of April, after the pres- 
ent year, and choose the successors of said trustees ; 

No stockholder each sharc shall entitle the holder to one vote : wro- 
te be entitled to ^ * 

more than one vidcd, kowcvcr, that HO shareholder shall be entitled 

third of the votes. ' 

to more than one third of all the votes. 



[Approved by the Governor, March 3, 1838.] 



PROBATE COURT IN NAN. March 3, 1838. 323 

CHAP. XXV. 

Aa Act to authorize the North Parish in Weymouth 
to sell Parsonage Lands. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The North Parish in Weymouth is Deeds :o be cxe- 
hereby authorized to sell a tract of wood-land, owned 
by said parish, lying in said town ; and the treasurer 
of said parish, for the time being, is authorized to ex- 
ecute a deed or deeds to convey the same. 

Sec. 2. The proceeds of such sale or sales shall investment of 
be expended for the purpose of building a parsonage 
house for said parish, and none other. 

[Approved by the Governor, March 3, 1838.] 

CHAP. XXVI. 

An Act relating to the Probate Court in the County 
of Nantucket. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The Probate Court, for the county of Nantucket, 
shall be hereafter holden on the first Thursday of 
every month. 

[Approved by the Governor, March 3, 1838.] 



324 REAL ESTATE. March 8, 1838. 



CHAP. XXVII. 

An Act to authorize the First Parish in Brighton to 
sell Parsonage Property. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Deeds to be exe- gg^^ ], The First Parish in Brighton is hereby 

cuied. ° _ "^ 

authorized to sell a tract of land, with the buildings 

thereon, belonging to said parish, situated in said 

town ; and the treasurer of said parish, for the time 

being, is authorized to execute a deed or deeds to 

convey the same. 

Investment of g^c. 2. The orocecds of the sale of said prop- 

proceeds. * _*_•'• 

erty shall be invested in such manner as said parish 
shall direct : provided, however, that the income 
only, and no part of the principal shall be applied 
for the support of the ministry in said parish. 

[Approved by the Governor, March 3, 1838.] 



CHAP. XXVIil. 
An Act relating to the partition of Real Estate. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

In all cases in which commissioners may be ap- 
pointed by the probate court, pursuant to the provi- 
sions of the one hundred and third chapter of the 
Revised Statutes, to make partition of real estate, 
when the said real estate cannot be divided without 
damage to the owners, the whole of said real estate 



UNION WHARF. March 8, 1838. 325 

or any part thereof, may be set off to any one or 
more of the parties among whom partition is order- 
ed to be made, he or they paying to any one or more 
of the other of said parties such sums of money as 
the said commissioners shall award. 

[Approved by the Governor, March 8, 1838.] 



CHAP. XXIX. 

An Act to authorize the proprietors of Union Wharf 
to extend the same. 

j3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The proprietors of the wharf or wharves Proprietors may 

r T~t III 11 extend to line es- 

in the city of Boston, now called and known by the tawished by the 

. , . act, &c. 

name of Union Wharf, are hereby authorized and 
empowered to extend the said wharf or wharves 
towards the channel to the line established by the 
General Court, by the act entitled an act to preserve 
the Harbor of Boston, and prevent encroachments 
therein, passed on the nineteenth day of April, 
eighteen hundred and thirty-seven ; and they shall 
have and enjoy the right and privilege of using and 
occupying the flats adjacent to said wharf or 
wharves when so extended, at the ends and at the 
sides thereof, in the same manner in which they 
have hitherto occupied and enjoyed the flats and 
docks adjoining said wharf or wharves as they now 
are : provided, however, that neither the said propri- JJ°ht^*'to^Mt^5 
etors nor their assigns shall have nor claim any right flats'"on°[hrnorth 
to extend the said wharf or wharves, nor to use and beyond a pre- 

' scribed line. 

occupy the flats which shall be on the north side of 

42 



326 



HIGHWAYS. 



March 8, 1838. 



Limitation of 
right to extend 
and occupy on 
the south side. 



Proprietors not 
to interfere with 
rights of others. 



said wharf or wharves when so extended, beyond a 
line drawn in continuation of the boundary line di- 
viding the lands and flats of the proprietors from the 
lands and flats of the proprietors of Lincoln's Wharf 
so called ; nor have nor claim any right to extend 
the said Union Wharf or Wharves, nor to use and 
occupy the flats which shall be on the south side of 
the same when so extended, beyond a line drawn 
about eastwardly from the middle of a line extend- 
ing from the southern boundary line of the lands of 
the proprietors of said Union Wharf or Wharves to 
the northern boundary line of the lands of the pro- 
prietors of Sargeant's Wharf, so called, through the 
point at which said boundary lines when extended 
will intersect each other. 

Sec. 2. Nothing herein contained shall be so 
construed, as to authorize said proprietors to lessen 
or injure the rights or property of any other person 
or persons whatsoever. 

[Approved by the Governor, March 8, 1838.] 



CHAP. XXX. 

An Act relating to repairs of Highways. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The words " except in the case provided for in 
the preceding section," in the eleventh section of 
the twenty-fifth chapter of the Revised Statutes, are 
so far altered as to read, except in the case provided 
for in the ninth section of this chapter. 



[Approved by the Governor, March 8, 1838.] 



BRIDGE IN CHELSEA. March 8, 1838. 327 



CHAP. XXXI. 

An Act relating to commitments to the State Lu- 
natic Hospital. 

liE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The court of common pleas is hereby authorized Allowance of fees 

r J to omcers for 

to allow to any sheriff, constable, or any other per- '^oinmitmems. 
son to whom a precept may be directed by name, 
who has heretofore committed or who hereafter may 
commit any person to the State Lunatic Hospital, 
the same fees as are now allowed to officers upon 
the commitment of any person to prison, and such 
further sums for expenses incurred in said commit- 
ments, as to the said court may seem reasonable ; 
and the fees and other sums so allowed shall be Fees, how to be 

made up. 

made up in the general bill of costs for the term of 
the court at which such allowance shall be made. 



[Approved by the Governor, March 8, 1838.] 



CHAP. XXXII. 

An Act to authorize the construction of a Bridge 
over Green's Creek, in Chelsea. 

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 : 

The court of common pleas for the county of Suf- Courtof common 

. pleas for county 

folk may, on the application of the town of Chelsea, of Suffolk to au- 

. . thorize the con- 

authorize the construction of a bridge by said town, struction. 
for a public highway over Green's Creek, in said 
Chelsea, if, in their opinion, the public convenience 



328 F. UNIVER. SO. IN ANDOVER. March 8, 1838. 

How to be con- and iiecessitv shall require it. And said bridge 

structed. "^ ^ r -i- i 

shall be constructed or such materials, jn such man- 
ner, and over such part of said creek, as the said 
court, after a view of the premises, and a hearing of 
all parties interested therein, shall determine. The 
said court, in authorizing the construction of said 
bridge, shall be governed bj the provisions of the 
Revised Statutes in relation to the laying out of 
highways in the town of Chelsea. 

[Approved by the Governor, March 8, 1838.] 



CHAP. XXXIII. 

An Act to incorporate the First Universalist Society 
in Andover. 

J3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Persons incorpo- Sec. 1. Alouzo Smith, Hciiry BuTtt, aud Syl- 
vester Merrill, their associates and successors, are 
hereby made a corporation, by the name of the First 
Universalist Society in Andover; with all the pow- 
ers and privileges, and subject to all the duties, re- 
strictions and liabilities, contained in the twen- 
tieth chapter of the Revised Statutes, relating to 
parishes and the support of public worship. 

Estate. Sec. 2. Said society shall have power to hold 

real and personal estate to an amount not exceeding 
ten thousand dollars, exclusive of their meeting- 
house : provided, that the whole annual income 
thereof shall be appropriated to parochial purposes. 

Power to assess Sec. 3. Said society may assess the pews in their 
meeting-house, for the support of public worship. 



pews 



[Approved by the Governor, March 8, 1838.] 



INSURANCE COMPANIES. March 10, 1838. 329 

CHAP. XXXIV. 

An Act to incorporate the Clinton Company. 

J3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. John Wright, Horatio N. Bigelow, Is- Persons incorpo- 
rael Longley, their associates and successors, are 
hereby made a manufacturing corporation, by the 
name of the Clinton Company, for the purpose of Goods to be man. 

^ . 1, 1 Ml 1 1 ufactured. 

manufacturing cotton, woollen and silk goods, and 
machinery, in the town of Lancaster, in the county 
of Worcester; and for these purposes shall have all 
the powers and privileges, and be subject to all the 
duties, restrictions and liabilities, set forth in the 
thirty-eighth and forty-fourth chapters of the Revised 
Statutes. 

Sec. 2. The said corporation may hold, for the Estate. 
purposes aforesaid, real estate to the amount of 
thirty thousand dollars ; and the whole capital stock 
of said corporation shall not exceed one hundred 
thousand dollars. 

[Approved by the Governor, March 8, 1838.] 

CHAP. XXXV. 

An Act concerning Insurance Companies. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

It shall be lawful for any Insurance Company, in- Mayinvestin 
corporated by the laws of this Commonwealth, to road ^ompLnies. 
invest so much of their capital stock, not exceeding 



ed, limited. 



330 BOLTON, &c. DIVIDING LINE. March 16, '38. 

one third of the said capital, in the stocks of any in- 
corporated rail-road companies within this Common- 
wealth, whose franchise shall not be pledged or 
mortgaged for the debts of said corporation, the 
Amount invest- wholc Capital of which shall have been paid in : pro- 
vided, that not more than one fifth part of the capi- 
tal of any insurance company shall be invested in the 
stock of any one rail-road corporation. 

[Approved by the Governor, March 10, 1838.] 



CHAP. XXXVI. 

An Act to establish the Dividing Line between 
Bolton and Marlborough. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Dividing line de- The dividing liuc between the town of Bolton, 
in the county of Worcester, and the town of Marl- 
borough, in the county of Middlesex, from an estab- 
lished monument at Berlin Corner, to an established 
monument on Cox's Hill, shall be a straight line : 
provided, that the dwelling-house of Willard Cox, 
now standing upon the line aforesaid, and the occu- 
pants thereof, for all purposes, shall be considered 
within the town of Marlborough, so long as said 
building remains upon said line. 

[Approved by the Governor, March 16, 1838.] 



NOXIOUS ANIMALS. March 16, 1838. 331 



CHAP. XXXVII. 

An Act in addition to An Act to incorporate the 
Chelmsford Company. 

J3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The Chelmsford Company, incorporated May carry on bu- 

1 • I I 1 1 11- ^'"®^^ '" Chelms- 

in the year one thousand eight hundred and thirty- ford, Oracui and 
SIX, are hereby authorized and empowered to carry on 
their business in the towns of Chelmsford and Dracut, 
and in the city of Lowell, in the county of Middle- 
sex ; and said company may hold real estate to the Estate. 
amount of forty thousand dollars, and the capital of 
said company may be extended to one hundred thou- 
sand dollars ; any thing in the act incorporating the 
same, to the contrary notwithstanding ; but in no capital limited. 
case shall the whole capital of said company exceed 
the sum of one hundred thousand dollars. 

[Approved by the Governor, March 16, 1838.] 



CHAP. XXXVIII. 

An Act concerning the destruction of certain Nox- 
ious Animals. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The fifty-fourth chapter of the Revised Statutes is Towns may grant 

bounties. 

hereby repealed, except so much thereof as author- 
izes the inhabitants of any town qualified to vote at 
any legal meeting warned for that purpose, to raise 



SSS FIFTH UNIV. SOC. BOSTON. March 16, 1838. 

any sum of money which they may judge necessary 
to encourage the destruction of wolves, bears, wild 
cats or foxes, or any other noxious animals whatever. 

[Approved by the Governor, March 16, 1838.] 



CHAP. XXXIX. 

An Act to incorporate the Fifth Universalist Socie- 
ty in the city of Boston. 

X>E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, asfolloios : 

Persons incorpo- Sec. 1. Gcorgc Hills, Otis Mortou, and Bela 
Marsh, their associates and successors, are hereby 
made a corporation, by the name of the Fifth Uni- 

Estate. versalist Society in the city of Boston ; with power 

to hold real and personal estate in the said city, to an 
amount not exceeding fifty thousand dollars : pro- 
vided, the same, or the income thereof, shall always 
be appropriated exclusively to parochial purposes. 

Society may as- Sec. 2. Said societv are hereby authorized to as- 
sess the pews. , "^ •' 

sess the pews in their meeting-house for the support 
of public worship. 



[Approved by the Governor, March 16, 1838.] 



§. BOSTON ASSOCIATION. March 16, 1838. 333 

CHAP. XL. 

An Act in further addition to An Act to incorpo- 
rate certain persons into a company by the name 
of the South Boston Association. 

He it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows: 

Sec. 1. An act passed on the fourteenth day of A<=tofincorpora- 

_ . '' tion continued in 

June, in the year one thousand eight hundred and f°"^^- 
five, entitled " an act to incorporate certain per- 
sons into a company by the name of the South 
Boston Association," shall continue in force until the 
fourteenth day of June, in the year one thousand 
eight hundred and forty-three; any thing in the 
original act to which this is in addition, or in the 
several acts in addition thereto, to the contrary not- 
withstanding. And said corporation shall have ev- Corporation may 

, , , . , I'll , have all the pow- 

ery legal remedy in regard to their lands and prop- ers granted in the 

, . . . ill original act 

erty, and may maintain any suits or other legal pro- 
ceedings concerning the same, in the same manner 
as if all the provisions in the act to which this is in 
further addition were hereby expressly revived and 
continued in force. 

Sec. 2. 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. 

[Approved by the Governor, March 16, 1838.] 
43 



334 WITNESSES. March 17, 1838. 



CHAP. XLI. 

An Act concerning the location of the Western Rail- 
Road. 

±jE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Further time for There shall be allowed to the Western Rail-road 

location of parts ^ . , - . t r i 

of rail-road Uorporation, the term ot nine months from the pass- 
age of this act to file with the county commissioners 
the location of that part of their rail-road which lies 
between Seven Mile river, in Brookfield, and Con- 
necticut river ; and the further time of one jear from 
the first day of December next, to file with the coun- 
ty commissioners the location of that part of their 
road which lies westward of the east bank of Con- 
necticut river ; any thing in their act of incorpora- 
tion, or the thirty-ninth chapter of the Revised Stat- 
utes, to the contrary notwithstanding. 



granted. 



[Approved by the Governor, March 17, 1838.] 



CHAP. XLII. 

An Act to authorize Justices of the Peace, and oth- 
ers, to compel the attendance of Witnesses. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Justices of the Peace, Masters in Chancery, and 
Auditors appointed by the Court of Common Pleas 
or Supreme Judicial Court, shall have the same 
power to compel witnesses to attend and testify in 



I 



TOWN TREASURERS, &c. March 20, 1838. 335 

causes to be heard or tried before them, as is given 
hy the fifth and sixth sections of the ninety-fourth 
chapter of the Revised Statutes to Courts of Record. 

[Approved hy the Governor, March 17, 1838.] 



CHAP. XLIII. 

An Act to provide for the appointment of temporary 
Town Treasurers and Collectors of Taxes. 

x3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Whenever the office of Town Treasurer, Selectmen may 

appoint treasurer 

or the office of Collector of Taxes, in any town in or collector pro 

•^ tempore. 

this Commonwealth, shall be vacant by reason of 
death, removal, sickness, or other cause, or whenev- 
er such treasurer or collector shall be prevented from 
performing the duties of his office, the selectmen of 
such town may appoint in writing under their hands 
a town treasurer or collector of taxes pro tempore, 
who shall hold his office until another is chosen in 
his place, and shall be sworn and give bonds for the 
faithful discharge of the duties of his office, in the 
same manner as town treasurers and collectors of tax- 
es are now required to do. 

Sec. 2. This act shall take effect from and after 
its passage. 

[Approved by the Governor, March 20, 1838.] 



356 LEIGHTON'S WHARF. March 20, U38. 



CHAP. XLIV. 

An Act authorizing John W. Trull to extend his 
Wharves. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
May extend John W. TruJl, proprietor of certain wharves in 

wharves to the __, ^ . _, i i • i 

line established Ijoston, fronting ou Causewaj street, and lying be- 

by the 3.ct &'C* 

tween Charles River Bridge and the Canal, so called, 
is hereby authorized to extend and maintain his said 
wharves into the harbor channel, so far as the line 
established by an act made and passed on the nine- 
teenth day of April, in the year one thousand eight 
hundred and thirty-seven, entitled " an act to pre- 
serve the harbor of Boston, and to prevent encroach- 
ments therein," and shall have the right and privi- 
lege of laying vessels at the sides and the ends of 
said wharves, and of receiving dockage and wharf- 
wharves so ex- age thercfor : provided, that so much of said wharves 

tended to be built iiii -i i i* iiii i-i 

on piles. as shall be erected under this act, shall be built on 

piles ; and that this grant shall in nowise interfere 
with the legal rights of any person or persons what- 
soever. 

[Approved by the Governor, March 20, 1838.] 

CHAP. XLV. 

An Act to authorize Charles Leighton to extend his 

Wharf. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Charles Leighton, proprietor of a certain wharf in 



PARISH OFFICERS. March 20, I S3S. 337 

the northerly part of Boston, frontine; on Causeway May extend 

•^ ' 1 ^ wharfto the line 

Street, and lyine; between Warren and Charles Riv- established by 
er Bridges, is hereby authorized to extend his said 
wharf into the harbor channel, so far as the line es- 
tablished by the commissioners for the survey of 
Boston harbor, and according to an act of the Leg- 
islature, passed on the nineteenth day of April, in 
the year one thousand eight hundred and thirty-sev- 
en ; and he shall have the privilege of laying vessels 
at the end and sides of said wharf, and of receiving 
wharfage therefor: provided, that so much of said wharf so exten- 

® -'_ _ ded to be built 

wharf as shall be built under this act shall be built on piles. 
on piles ; and that this grant shall in nowise inter- 
fere with the legal rights of any person or persons 
whatever. 

[Approved by the Governor, March 20, 1838.] 



CHAP. XLVI. 

An Act concerning the election of Parish Officers. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The election of parish clerks, assessors, treasur- what officers 

, ^ . , 1 !• • shall be elected 

erSj and collectors, oi every parish and religious so- by written bai- 
ciety, and or every religious society organized agree- 
ably to the provisions of the twentieth chapter of the 
Revised Statutes, and also of the moderators of parish 
meetings held for the choice of parish officers shall be 
by written ballots: and the election of all other Mode of electing 

-' .It- others to be de- 

parish officers may be in such mode as the meeting; termined by the 

, meeting'. 

shall determine. 

[Approved by the Governor, March 20, 1838.] 



338 NORTH WHARF IN TRURO. March 22, 1838. 



CHAP. XLVH. 

An Act to incorporate the North Wharf Company 
in the town of Truro. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Persons incorpo- Sec. 1. Michael Snow, David Lombard, their 
associates and successors, are hereby incorporated 
and made a body politic by the name of the North 
Wharf Company, for the purpose of holding and im- 

May extend proving a wharf in Truro, called North Wharf, with 
power to extend said wharf: provided, however, that 

Not to obstruct nothing: herein contained shall be construed to au- 

iiavigation of o 

channel. thorize the said company to obstruct the free navi- 

gation of the channel by vessels or otherwise, nor 
to infringe upon the legal rights of any person. 

beXided °^ ^° Sec. 2. The property in the said company shall 
be held in forty-two shares, with power to increase 
the number as they may see cause ; and the said 

Estate. company may hold such real and personal property 

and estate, not exceeding the value of fifty thousand 
dollars, as may bo necessary and convenient to carry 
into effect the objects of this act. 

Sec. 3. The said corporation shall have all the 
powers and privileges, and be subject to all the du- 
ties, restrictions and liabilities, set forth in the forty- 
fourth chapter of the Revised Statutes. 



[Approved by the Governor, March 22, 1838.] 



ANNEX. O. N. G. TO OXFORD. March 22, 1 838. 339 



CHAP. XLVIII. 

An Act to annex Grafton Gore to the'town of Wor- 
cester. 

JjE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The tract of unincorporated land in the county of 
Worcester, called Grafton Gore, bounded westerly 
by the town of Worcester, southerly by the town of 
Millbury, easterly by the town of Grafton, and 
northerly by the town of Shrewsbury, is hereby an- 
nexed to, and made part^of the town of Worcester. 

[Approved by the Governor, March 22, 1838.] 

CHAP. XLIX. 

An Act to annex Oxford North Gore to the town of 

Oxford. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows: 

The tract of unincorporated land iu the county of 
Worcester, called Oxford North Gore, and bounded 
north by the town of Leicester, west by the town 
of Charlton, south by the town of Oxford, and east 
by the town of Auburn, is hereby annexed to, and 
made part of the town of Oxford. 

[Approved by the Governor, March 22, 1838.] 



340 TRUS. METH. K. S. BOSTON. March2S, 1838. 



CHAP. L. 

An Act to extend the time for the completion of the 
Fall River Mill-road, Rail-road and Ferry. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The time limited in the twenty-fifth section of 
the act incorporating the Fall River Mill-road, Rail- 
road and Ferry Company, for the completion of said 
rail-road, is hereby extended to the first day of De- 
cember, in the year one thousand eight hundred and 
forty-one ; and the time for building the ferry, wharves 
and bridges, and for extending and completing the 
ferry road, as provided in said twenty-fifth section, 
is hereby extended to the first day of December, in 
the year one thousand eight hundred and forty-one ; 
and if said rail-road, ferry wharves, bridges and 
ferry road shall be completed within the times afore- 
said, the said company shall continue to enjoy un- 
impaired the rights and privileges granted by their 
charter. 

[Approved by the Governor, March 23, 1838.] 

CHAP. LI. 

An Act to incorporate the Associate Trustees of the 
Methodist Religious Society in Boston. 

j>E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Persons incoipo- Sec. 1. Ezra Mudgc, Albert H. Brown, Lemuel 
Tompkins, and their associates and successors, are 



BRADFORD MU. F. INS. CO. March 2S, \SS8. 341 

hereby made a corporation, by the name of the As- 
sociate Trustees of the Methodist Religious Society 
in Boston. 

Sec. 2. The said corj3oration may hold any es- Estate, 
tate, real or personal, for the use and benefit of any 
one or more congregations of the Methodist Episco- 
pal Church in Boston, to be held and managed by 
said corporation in conformity with the usages of 
said church : provided, that the whole estate, real Amount limited. 
and personal, so held by said corporation, shall not 
exceed, in its annual income, the sum of five thou- 
sand dollars, exclusive of the chapels, or house of 
public worship, and the land appurtenant to the 
same, which may be held by them. 

[Approved by the Governor, March 28, 1838.] 

CHAP. LII. 

An Act in addition to an Act to incorporate the 
Bradford Mutual Fire Insurance Company. 

13E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The Bradford Mutual Fire Insurance 
Company shall be entitled to all privileges, and be 
subject to all the liabilities and duties, set forth in 
the thirty-seventh chapter of the Revised Statutes. 

Sec. 2. This act shall take effect upon the cor- when to take 
poration from and after its acceptance by them, at a 
meeting duly notified for the purpose ; and shall 
apply to the liabilities of each individual of the pres- 
ent company, whenever such individual shall certify 
in writing his consent to its provisions. 

[Approved by the Governor, March 28, 1838.] 
44 



342 PRO. COURTS IN SUFFOLK. March 80, \SSd. 

CHAP. LIII. 

An Act to incorporate the First Religious Society 
in Danvers. 

x3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled^ and by the 
authority of the same, as follows : 

Persons incorpo- Sec. 1. Samucl Pfcston, Samuel P. Fowler, 
Jesse Putnam, their associates and successors, are 
hereby made a corporation, by the name of the First 
Religious Society in Danvers, with all the powers 
and privileges, and subject to all the duties, restric- 
tions and liabilities, set forth in the twentieth chap- 
ter of the Revised Statutes. 

Estate. Sec. 2. Said corporation may hold real and 

personal estate, exclusive of the meeting-house when 
erected, to an amount not exceeding the sum of 
twenty thousand dollars : provided, the whole annu- 
al income thereof shall be appropriated exclusively 
to parochial purposes. 

Society may as- Sec. 3. Said socicty may assess the pews in their 
meeting-house, when erected, for the support of 
public worship. 

[Approved by the Governor, March 28, 1838.] 

CHAP. LIV. 

An Act relating to the Probate Courts in the County 
of Suffolk. 

Bf it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The fifty-fifth section of the eighty-third chapter 



•ess pews. 



BOARD OF EDUCATION. March 31, 1838. 343 

of the Revised Statutes shall be so altered, that the 
probate courts for the county of Suffolk shall be 
hereafter holden in Boston on every Monday in each when to be 
month, excepting the first and last Mondays of June, 
every Monday in July, and the first Monday of Au- 
gust, September, October, November and December. 

[Approved by the Governor, March 30, 1838.] 



CHAP. LV. 

An Act to defray the Expenses of the Board of 
Education. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The members of the Board of Education, appoint- 
ed by the Governor and Council, pursuant to the 
provisions of an act relating to common schools, 
passed April twentieth, in the year one thousand 
eight hundred and thirty-seven, shall be reimbursed 
for all expenses incurred in the discharge of their 
official duties — their accounts being first audited and Accounts to be 
allovv^ed by the Governor and Council ; and the inci- G"overoor m/ 
dental expenses of said board shall be allowed and ^'"""^ 
paid in the same manner. 

[Approved by the Governor, March 3i, 1838.] 



S44 ZOAR AND CHARLEMONT. April 2, 1838. 

CHAP. LVI. 

An Act to annex part of Zoar to Charlemont. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Slcribldl'"^^ Sec. 1 . All that part of the unincorporated tract 

of land in the county of Berkshire, called Zoar, 
which lies within the following bounds, viz. — be- 
ginning at a point on the line between Zoar and 
Charlemont, being the southeast corner of a lot of 
land belonging to Todd and Legget ; thence south- 
erly, on the line between Zoar and Charlemont, and 
crossing Deerfield river, about one thousand and four 
rods, to the southeast corner of Zoar, being the 
southwest corner of Charlemont ; thence westerly, 
on the line between Zoar and the towns of Hawley 
and Savoy, about four hundred and thirty-five rods, 
to the southwest corner of Zoar ; thence north nine- 
teen degrees east, two hundred and forty rods on 
the line between Zoar and Florida, to Cold river ; 
thence north, on the line of Florida, to the centre of 
Deerfield river; thence, in a northerly direction, up 
the centre of said river, to the centre of the bridge 
over Deerfield river, being the dividing point of that 
part of Zoar to be annexed to Rowe, and that part 
to be annexed to Charlemont, and also the dividing 
line between Zoar and Florida ; thence easterly, 
through the middle of said bridge, to the east end 
thereof; thence north, about seventy-four degrees 
east, about four hundred and five rods, to the centre 
of Pelham brook, at a point iiDmedialely below the 
bridge over Steel's brook ; thence up the centre of 
Pelham brook, one hundred and ninety rods, to a 



ZOAR AND ROWE. Jpril2, 1838. 34.5 

rock at the southwest corner of saidJTodd and Leg- 
get's land ; thence north, eighty-four degrees and 
thirty minutes east, on the south line of said Todd 
and Legget's land, two hundred and fifty rods, to 
the place of beginning, — is hereby annexed to and 
made part of the town of Charlemont, in the county 
of Franklin. 

Sec. 2. This act shall take effect from and after 
its passage, 

[Approved by the Governor, April 2, 1838.] 



CHAP. LVll. 

An Act to annex a part of Zoar to the town of 

Rowe. 

Be it enacted by the Senate and House of Rep- 
resentatives^ in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. All that part of the unincorporated tract Dividing lines 
of land in the county of Berkshire, called Zoar, 
which lies within the following bounds, viz. — be- 
ginning at a stone monument in the south line of the 
town of Rowe, it being the northeast corner of 
Zoar, and the northwest corner of Charlemont ; 
thence southerly, on the west line of Charlemont, 
seventy-six rods, to a stake and stones at the south- 
east corner of a lot of land belonging to Todd and 
Legget ; thence west, five degrees and thirty min- 
utes north, on the south line of said Todd and Leg- 
get^s land, two hundred and fifty rods, to a rock in the 
centre of Pelham brook ; thence, in a southwesterly 
course, down the centre of Pelham brook, one hun- 
dred and ninety rods, to a point immediately below 



346 EIGHTH MASS. TURNPIKE. April 2, 1838. 

the bridge over Steel's brook ; thence south, about 
seventy-four degrees west, four hundred and five 
rods, to the middle of the eastern end of the bridge 
over Deerfield river, between Zoar and Florida ; 
thence westerly, parallel with said bridge, and 
through the middle thereof, to the centre of said 
river ; thence up the centre of said river, being the 
dividing line between Zoar and Florida, to the line 
of the town of Rowe ; thence in an easterly direc- 
tion, on the dividing line between Zoar and Rowe, 
to the place of beginning, containing about one 
thousand eight hundred and seventy-five acres, — is 
hereby annexed to and made part of the town of 
Rowe, in the county of Franklin. 

Sec. 2. This act shall take effect from and after 
its passage. 

[Approved by the Governor, April 2, 1838.] 



CHAP. LVIII. 

An Act to alter the location of a part of the Eighth 
Massachusetts Turnpike, and to confirm the loca- 
tion of the same. 

JoE it enacted by the Senate and House of Rep- 
resetitatives, in General Court assembled, and by the 
authority of the same, as follows : 
Portion discon- Sec. 1. That porlion of the Eighth Massachu- 

tinued. 1 & 

setts Turnpike lying between the foot of Dickinson's 
second hill in Russell, in the county of Hampden, 
and a hill easterly of Mailory's brook, so called, in 
said Russell, is hereby discontinued, and, in lieu 
thereof, said corporation shall keep in repair a new 
road, recently constructed between the same termi- 
ni, over land lately owned by Linus Dickinson, and 



LAFAYETTE BANK. April 2, 1838. 347 

now owned by said corporation, which said new New road esiab- 

!• 1 1 r • 1 M lished. 

road is hereby established as a part ot said turnpike 
road. 

Sec. 2. The doings of said corporation, and of Dojngs of corpo- 

" ^ * _ ^ ration confirmed. 

the committee of location of said road, in relation to 
the location of the same, and also in relation to the 
erection and location of their turnpike gate, are 
hereby ratified and confirmed ; and said corporation 
may collect the toll at said gate provided by their 
act of incorporation and the several acts in addition 
thereto. 

Sec. 3. The width of said road shall be four width of road 

II 1 1 r prescribed. 

rods, and the width of the travelled part thereof 
eighteen feet, except that said travelled part may be 
constructed in difficult places to the width of sixteen 
feet, not exceeding, however, eight rods in length in 
the whole. 

Sec. 4. An act relating to the alteration of a Act of April/ 

° 1837, relating to 

part of the location of the Eighth Massachusetts alteration, re- 

* " ^ , pealed. 

Turnpike, passed on the seventh day of April, eigh- 
teen hundred and thirty-seven, is hereby repealed. 

[Approved by the Governor, April 2, 1838.] 



CHAP. LIX. 

An Act to repeal the charter of the Lafayette Bank. 

Be it enacted by the Senate and House of Rep - 
resentatives^ in General Court assembled^ and by the 
authority of the same, as follows : 

Sec. L An act entitled "an act to establish the ^^p?.^'""^^''* 

specified, &c. 

Lafayette Bank," passed on the sixteenth day of 
April, in the year one thousand eight hundred and 
thirty -six, is hereby repealed : provided, that noth- 



348 COMMONWEALTH BANK. April 2, 1838. 

ing contained in this act shall be so construed as to 
release or absolve the said corporation, or any direc- 
tor or stockholder thereof, from any liability created 
by any provision of the act hereby repealed. 

Sec. 2. This act shall take effect from and after 
its passage. 

[Approved by the Governor, April 2, 1838.] 



CHAP. LX. 

An Act to repeal the charter of the Commonwealth 

Bank. 

y JjE 2^ enacted by the Senate and House of Rep- 

resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Repeaiingact ggc. 1. An act entitled "an act to incorporate 

specified, &c. _ '■ 

the president, directors, and company of the Com- 
monwealth Bank," passed February the twentieth, 
in the year one thousand eight hundred and twenty- 
four, and so much of an act entitled " an act to con- 
tinue the banking corporations therein named, and 
for other purposes," passed February the twenty- 
eighth, in the year one thousand eight hundred and 
thirty-one, as continued said corporation for the pur- 
poses of banking, are hereby repealed : provided, 

Corporation not that uothiug iu this act contained shall be so con- 
exempted from , , 1 1 I • 1 
liabilities. strued as to release or absolve the said corporation, 

or any director or stockholder thereof, from any lia- 
bility created by any provisions of the acts hereby 
repealed. 

Sec. 2. This act shall take effect from and after 
its passage. 

[Approved by the Governor, April 2, 1838.] 



NORTH LIVERPOOL WHARF. AprU 4>, 1838. 349 



CHAP. LXL 

An Act to incorporate the New Bedford Haydn So- 
ciety. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Henry P. Willis, Edward L. White, Persons incpipo- 
Thomas B. White, their associates and successors, 
are hereby created a corporation by the name of the 
New Bedford Haydn Society, for the purpose of 
promoting education in the science and practice of 
music. And said corporation may acquire and hold Estate, 
real estate not exceeding in value five thousand dol- 
lars, to be appropriated exclusively to the purpose 
aforesaid. 

Sec. 2. The said corporation shall have all the 
powers and privileges, and be subject to all the du- 
ties, restrictions and liabilities, set forth in the forty- 
fourth chapter of the Revised Statutes. 

[Approved by the Governor, April 3, 1838.] 



CHAP. LXH. 

An Act authorizing Daniel Piescott and Dayid 
Chapin to extend their Wharf. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The proprietors of North Liverpool Wharf, Dan- Mayextend 

' ' r ' wharf to line es- 

iel Prescott and David Chapin, are hereby author- tabiished by the 

i^ ' -' ^ act, Sec. 

ized and empowered to extend said wharf straight 
45 



350 JUDGE k REG. OF PROBATE. April 4, 1838. 

into the harbor channel as the- same now runs to the 
line established by an act entitled " an act to pre- 
serve the harbor of Boston and prevent encroach- 
ments therein," passed April nineteenth, in the year 
one thousand eight hundred and thirty-seven ; and 
they shall have the right and privilege of laying ves- 
sels at the sides and end of said wharf extended as 
aforesaid, and of receiving dockage and wharfage 
Wharf so exten- thcrefor I vvovided. that so much of their wharf as 

ded to be built] i i i • 

on piles. shall be erected under this act shall be built on piles, 

and that this grant shall in nowise interfere with the 
legal rights of any person or persons whatever. 

[Approved by the Governor, April 4, 1838.] 



Salaries estab 
lished. 



CHAP. LXIII. 

An Act to increase the Salaries of the Judge and 
Register of Probate for the county of Dukes 
County. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

From and after the passing of this act the Judge 
of Probate for the county of Dukes County, shall 
receive for his services an annual salary of one hun- 
dred dollars ; and the Register of Probate for the 
same county shall receive for his services an annual 
salary of one hundred and fifty dollars, payable as 
provided in the fifty-first section of the eighty-third 
chapter of the Revised Statutes ; any thing in the 
forty-ninth section of the said chapter to the contra- 
ry notwithstanding. 

[Approved by the Governor, April 4, 1838.] 



UNION WHARF. April ^, IS3S. 351 



CHAP. LXIV. 

An Act concerning the Fishino Insurance Company 
of Provincetovvn. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, asfolloios : 

Sec. 1. The Fishing Insurance Company of f^!"°""' *° ^* 

^ r J taken on one 

Provincetovvn is hereby authorized to take, on any "*''• 
one risk, a sum not exceeding one tenth part of its 
capital stock. 

Sec. 2. This act shall take effect from and after 
its passage. 

[Approved by the Governor, April 4, 1838.] 



CHAP. LXV. 

An Act authorizing the Proprietors of Union Wharf, 
in the Harbor of Holmes' Hole, to extend the same. 

x3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The proprietors of Union Wharf, in the harbor of How far wharf 

1 r ' may be extended. 

Holmes' Hole, are hereby authorized to extend their 
wharf in the direction in which said wharf now runs, 
into said harbor, until the end thereof shall be in 
sixteen feet water: ])rovided, that such extension 
shall not interfere with the legal rights of any per- 
son whatsoever. 

[Approved by the Governor, April 4, 1838.] 



3^ NO TOWN & PRINCETON. April 4, 1838. 



CHAP. LXVI. 

An Act authorizing Edmund P. Dolbeare to extend 
his Wharf. 

jD E it enacted by (he Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
May extfend Edmuud P. Dolbeare, the proprietor of the wharf 

wharfto the line . 

established by ncxt uorth of Liverpool wliarf, is authorized and 

the act, &c. ^ . 

empowered to extend the said wharf straight in- 
to the harbor channel, as the same now runs, to the 
line established by an act to preserve the Harbor of 
Boston, and prevent encroachments therein, passed 
April nineteenth in the year one thousand eight hun- 
dred and thirtj-seven ; and he shall have the right 
and privilege of laying vessels at the sides and end 
of said wharf extended as aforesaid, and of receiving 
What part to be dockagc and wharfagc therefor: provided, that so much 

built on piles. , ° -' . 

of this wharf as shall be extended by this act, ex- 
tending from low-water mark to the abovernamed 
line, shall be built on piles, and that this grant shall 
in no wise interfere with the legal rights of any per- 
son Or persons whatever. 

[Approved by the Governor, April 4, 1838.] 



CHAP. LXVII. 

An Act to amiex a part of No Town to. the town of 
Princeton. 

Be it enacted by the Senate and House of Rep- 
resentatives, iw General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. All that part of the unincorporated lands 



NO TOWN & PRINCETON. April 4, 1838. 353 

of No Town, in the county of Worcester, which is Dividing lines de- 

. scribed. 

included within the following bounds, viz. begin- 
ning at a stake and stones, on the line between No 
Town and Leominster, it being the northeast corner 
of a lot of land in No Town, belonging to John 
Whitney, and running on said line south, thirty-three 
degrees west, two hundred and ninety-seven rods, to 
a stone monument, it being the southeast corner of 
No town, the southwest corner of Leominster, the 
northwest corner of Sterling, and the northeast 
corner of Princeton ; thence north, fifty-two degrees 
and thirty minutes west, on the line between No 
Town and Princeton, eight hundred and thirty rods, 
to a stone monument in the line of the town of West- 
minster, it being the southwest corner of No Town 
and the northwest corner of Princeton ; thence north, 
fifty-two degrees and thirty minutes east, on the line 
between No Town and Westminster, two hundred 
and twenty-four rods, to a large rock in an angle in 
the last mentioned line ; thence south, sixty-eight de- 
grees and twelve minutes east, forty-four rods, to a 
stake and stones, by land of Mr. Osgood; thence 
north, fifty-four degrees and fifteen minutes east, on 
the line of said Osgood's land, eighty-eight rods to a 
stake and stones, at the northwest corner of Mr. 
Hadley's land ; thence south, seventy degrees and 
twenty-five minutes east, on the north line of said 
Hadley's land, one hundred and twenty-six rods, to 
a stake and stones on land of Charles Grout ; thence 
south, seventeen degrees and twenty minutes east, on 
the line between said fladley's and Grout's land, sev- 
enty rods and a half, to a stake and stones at an angle 
in said line ; thence south, fifty degrees and thirty 
minutes east, through land of said Hadley and others, 
five hundred rods, to the place of beginning, — is 



354 KOBBINS'S WHARF. J/?n7 4, 1838. 

hereby annexed to and made part of the town of 
Princeton, in said county. 

Sec. 2. This act shall take effect from and after 
its passage. 

[Approved by the Governor, April 4, 1838.] 



CHAP. LXVHI. 

An Act authorizing Robert Robbins and Shephard 
Robbins to extend their Wharf. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
May extend The Proprietors of South Liverpool Wharf, Rob- 

Tstabiilhe'/by"^^ ert Robbius and Shephard Robbins, are hereby au- 
t e act, c. thorized and empovi^ered to extend said wharf straight 
into the harbor channel, as the same now runs, to the 
line established by an act, entitled an act to pre- 
serve the Harbor of Boston, and prevent encroach- 
ments therein, passed April nineteenth, in the year 
one thousand eight hundred and thirty-seven ; and 
they shall have the right and privilege of laying ves- 
sels at the south side and end of said wharf, ex- 
tended as aforesaid, and of receiving dockage and 
Wharf, so ex- wharfagc therefor: provided, that so much of their 
built on piles. wharf as shall be erected under this act shall be built 
on piles, and that this grant shall in no wise inter- 
fere with the legal rights of any person or persons 
whatever. 

[Approved by the Governor, April 4, 1838.] 



FRANKLIN BANK. April A, \Q3S. 355 

CHAP. LXIX. 

An Act to repeal the Charter of the Franklin Bank. 

.oE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. An act, entitled "an act to incorporate Repealing act 

specified, dtc. 

the President, Directors and Company of the Frank- 
lin Bank in Boston," passed iViarch the eighth, in 
the year one thousand eight hundred and twenty- 
eight ; so much of an act, entitled " an act to con- 
tinue the banking corporations therein named and 
for other purposes," passed February the twenty- 
eighth, in the year one thousand eight hundred and 
thirty-one, as continued the said corporation for the 
purposes of banking, and an act, entitled " an act to 
increase the capital stock of the Franklin Bank," 
passed February the eighth, in the year one thou- 
sand eight hundred and thirty-two, are hereby re- 
pealed : provided, that nothing in this act contained 
shall be so construed as to release or absolve the said 
corporation, or any director or stockholder thereof, 
from any liability created by any provisions of the 
acts hereby repealed. 

Sec. 2. This act shall take effect from and 
after its passage. 

[Approved by the Governor, April 4, 1838.] 



specified, &c. 



356 NANTUCKET. April 6, \S38. 

dHAP. LXX. 

An Act to repeal the Charter of the Middlesex Bank. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Kepeaiin?act Sec. 1. An act, entitled "an act to incorporate 
the President, Directors and Company of the Mid- 
dlesex bank," passed March the nineteenth, in the 
year one thousand eight hundred and thirty-one, is 
hereby repealed : provided, that nothing in this act 
contained shall be so construed as to release or absolve 
the said corporation, or any director or stockholder 
thereof, from any liability created by any provisions 
of the act hereby repealed. 

Sec. 2. This act shall take effect from and after 
its passage. 

[Approved by the Governor, April 4, 1838.] 



CHAP. LXXI. 

An Act to empower the town of Nantucket to raise 
money for the payment of County Expenses, and 
for other purposes. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The town of Nantucket is hereby em- 
powered to raise such sums of money as may be ne- 
cessary for defraying the expenses of the county of 
Nantucket ; and the doings of the said town, in 
raising, assessing and collecting sums of money for 



WESTVILLE MANU. CO. April 6, 1838. 357 

defraying the expenses of the county of Nantucket, 
are hereby ratified and confirmed. 

Sec. 2. The aforesaid town may make such May make com- 

I , r' . T-i- T-v pensation to 

compensation to the members of its lire Depart- members of fire 

, ~ department. 

ment as it may deem fit. 

[Approved by the Governor, April 6, 1838.] 



CHAP. LXXII. 

An Act to incorporate the Westville Manufacturing 
Company. 

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. Moses Plimpton, Samuel H. Judson, persons incorpo- 
and John Seabury, their associates and successors, 
are hereby made a manufacturing corporation, by the 
name of the Westville Manufacturing Company, for Goodstobeman- 
the purpose of manufacturing cotton goods in the "^*'"® • 
towns of Southbridge and Sturbridge, in the county 
of Worcester ; and for this . purpose shall have all 
the powers and privileges, and be subject to all the 
duties, restrictions and liabilities, set forth in the 
thirty-eighth and forty-fourth chapters of the Revised 
Statutes. 

Sec. 2. The said corporation may hold, for the Estate, 
purposes aforesaid, real estate to the amount of fif- 
ty thousand dollars, and the whole capital stock of 
said corporation shall not exceed the amount of one 
hundred and twenty-five thousand dollars. 

Sec. 3. This act shall take effect from and after 
its passage. 

[Approved by the Governor, April 6, 1838.] 
46 



368 IDIOTS & INSANE PERSONS. April 6, 1838. 



CHAP. LXXIII. 

An Act in addition to an Act to provide for the con- 
finement of Idiots and Insane Persons. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Towhomappii- Sec. 1. Whenever application shall be made to 

made" ° ^ two justiccs of the pcacc, one of whom shall be of 
the quorum, for the confinement of any idiot, lunatic, 
or insane person, not furiously mad, in pursuance of 
the provision of the second section of " an act to 
provide for the confinement of idiots and insane per- 
sons," passed on the thirteenth day of April, in the 
year one thousand eight hundred and thirty-six, the 
justices to whom such application is made, shall, 

juryofexamina- upou the rcqucst of the persou complained against, 
issue their warrant to the sherifi^, or any deputy of 
the sheriff in their county, to summon a jury of six 
lawful men, to hear and determine the question, 
whether the person complained against is an idiot, 
or lunatic, or insane, and not furiously mad as afore- 
said. 

Powers and du-: Sec. 2. The provisious of the second, third, 

ties of justices /., ^ rr i • r ,, -i 

pointed out. fourth aud fifth sections or "an act concernmg luna- 
tics," passed the nineteenth day of April, in the 
year one thousand eight hundred and thirty-six, shall 
apply to trials by jury herein provided for; and the 
justices aforesaid shall have all the powers, and per- 
form all the duties devolved upon the judges named 
in said act, by the second, third, fourth and fifth 
sections of the same. 
inwhatcase Sec. 3. Any luuatic or insane person confined in 

person maytr auy jail. Or housc of correction, by authority of a 

discharged. 



IDIOTS & INSANE PERSONS. April 6, 1838. 359 

certificate of the trustees of the State Lunatic Hos- 
pital, according to the provisions of the fifteenth 
section of the forty-eighth chapter of the Revised 
Statutes, may be discharged therefrom by the county 
commissioners of the several counties respectively, 
whenever the cause of confinement shall have ceased 
to exist. And said commissioners, whenever, in Commissioners 

' ' may change 

their opinion, such lunatic or insane person can, in pjace of confine- 
in such manner, be more comfortably provided for, 
and the safety of the public will not be endano^ered 
thereby, may provide for his custody and support in 
other places than in said jails and houses of correc- 
tion, or may deliver him to the custody and care of 
any city, or town, in which he may have a legal 
settlement, the said lunatic or insane person still 
continuing subject to the order and direction of said 
commissioners. The expense of so providing for Expenses, how 

*■ * _ " _ reimbursed. 

such lunatic or insane person shall be reimbursed in 
the same manner, and recovered by the same reme- 
dies, as are provided in the sixteenth section of the 
forty-eighth chapter of the Revised Statutes : pro- 
vided, that in no case shall the sum charged for such 
provision exceed two dollars and fifty cents per 
week. 

Sec. 4. This act shall take effect from and after 
its passage. 

[Approved by the Governor, April 6, 1838.] 



360 HOWARD INSURANCE CO. April 6, 1838, 

CHAP. LXXIV. 

An Act to incorporate the Archimedian Company. 

Jl>E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Persons incorpo- Sec. 1. Andi'ew Moi'se, Jr., Ebenezer Allen, 
Abraham Millet, their associates and successors, are 
hereby made a corporation, by the name of the Ar- 
chimedian Company, for the purpose of manufactur- 
ing machinery invented and improved by Andrew 
Morse, Jr., in the county of Suffolk ; and for these 
purposes shall have all the powers and privileges, 
and be subject to all the duties, restrictions and liabil- 
ities, set forth in the thirty-eighth and forty-fourth 
chapters of the Revised Statutes. 

Estate. Sec. 2. I'he said corporation may hold, for the 

purposes aforesaid, real estate to the amount of twenty 
thousand dollars ; and the whole capital stock of said 
corporation shall not exceed the amount of sixty thou- 
sand dollars. 

[Approved by the Governor, April 6, 1838.] 



CHAP. LXXV. 

An Act to incorporate the Howard Insurance Com- 
pany. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, asfolloivs: 
Persons incorpo- Sec. 1. Hczckiah Bamard, Matthew Crosby and 
Timothy Hussey, their associates and successors, 



FOSTER'S WHARF. April 6, \S3S. 361 

are hereby made a corporation, by the name of the 
Howard Insurance Company, to be established in 
the town of Nantucket, in the county of Nantucket, 
for the purpose of making maritime loans, and in- 
surance against maritime losses, in the customary 
manner; and, for this purpose, shall have all the 
powers and privileges, and be subject to all the 
duties, restrictions and liabilities, set forth in the 
thirty-seventh and forty-fourth chapters of the Re- 
vised Statutes, for the term of twenty years. 

Sec. 2. The said corporation may hold any es- Estate. 
tate, real or personal, for the use of said corpora- 
tion : provided, that the real estate shall not exceed 
the value of fifty thousand dollars, excepting such 
as may be taken for debt, or held as collateral 
security for money due to said company. 

Sec. 3. The capital stock of said company shall Capital stock. 
be seventy-five thousand dollars, and shall be divided 
into shares of one hundred dollars each, and shall 
be collected and paid in, in such instalments, and 
under such provisions and penalties, as the president 
and directors of said company shall order and direct. 

[Approved by the Governor, April 6, 1838.] 



CHAP. LXXVI. 

An Act authorizing William Foster and Leonard 
Foster to extend their wharf in Boston Harbor. 

jjE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

William Foster and Leonard Foster, proprietors May extend 

' i i wharves to the 

of wharves called Foster's wharves, and lying on Hne established 

' -^ O by the act, &c. 



362 FOSTER'S WHAKF. April 6, 1838. 

Broad street near Fort Hill, are hereby authorized 
to extend their said wharves towards the channel, to 
the line established by an act entitled " an act to 
preserve the harbor of Boston, and to prevent en- 
croachments therein," passed on the nineteenth day 
of April, eighteen hundred and thirty-seven. And 
in conformity with the last article of an agreement 
made between the city of Boston and said William 
and Leonard Foster, dated the eighteenth day of 
May, eighteen hundred and thirty-seven, signed and 
sealed by the respective parties, and attested and 
recorded with the Suffolk Deeds, Lib. 20, Fol. 137, 
feiTerweeur; May 19th, 1837, in the words following: " And it 
wmi?mFos"ter ^s furthcr mutually covenanted and agreed, that, 
Fol^r!""''"^ whenever said Foster's wharf shall be extended 
towards, or down to the line of the harbor, pre- 
scribed by the late act of the Legislature, the same 
shall be extended in such manner, as not to project 
northwardly beyond the line of the southern side of 
Sconce lane, above described, but shall be extended 
on that line." And that they shall have the right 
and privilege of laying vessels at the sides and ends 
of said wharves, and of receiving dockage and 
Wharves so ex- wharfage thcrefor I provided, that so much of said 

tended to be built ° -* 

on piles. wharves as shall be erected under this act, shall be 

built on piles, and that this grant shall in nowise in- 
terfere with the legal rights of any person or persons 
whatever. 

[Approved by the Governor, April 6, 1838.] 



WHARF IN LITTLE HARBOR. April 6, 1838. 363 



CHAP. LXXVII. 

An Act to increase the Capital Stock of the New 
Enghmd Glass Conjpany. 

Be it enacted by the Senate and House of Rep- 
resentatives^ in General Court assembled, and by the 
authority of the same, as follows : 

The New England Glass Company are hereby (^3°|o°l^'^'''" 
authorized to increase their capital stock by adding 
thereto one hundred thousand dollars, to be divided 
into shares of five hundred dollars each, to be paid 
in such instalments as the })resident and directors of 
said company shall order. 

[Approved by the Governor, April 6, 1838.] 



CHAP. LXXVIH. 

An Act authorizing Ward M. Parker and Ephraira 
Eldridge to extend their Wharf in Little Harbor, 
Wood's Hole. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Ward M. Parker and Ephraim Eldridge How far to be 

are hereby authorized to extend their wharf, situated 
in Little Harbor of Wood's Hole, in the town of Fal- 
mouth, one hundred and thirty feet : provided, such 
extension shall not infringe on the legal rights of any 
person or persons whatsoever. 

[Approved by the Governor, April 6, 1838.] 



scribed. 



364 LAND ANNEXED TO OTIS. April 9, 1838. 

CHAP. LXXIX. 

An Act, to annex a tract of unincorporated land to 
the town of Otis. 

Be it en-acted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Di viding lines de- Sec. 1. All that part of the unincorporated tract 
of land in the county of Berkshire, called " East 
Eleven Thousand Acres," which lies within the fol- 
lowing bounds, viz. — beginning at a stone monu- 
ment at the southwest corner of the town of Otis, 
on the east line of Sandisfield, and running south on 
said line two hundred and thirty-six rods to a stake 
and stones in the north line of David Spear's land ; 
thence south seventy degrees east, thirty-six rods on 
the line of said David Spear's land to an angle in 
said line at a stake and stones ; thence north eighty- 
eight degrees east, on said Spear's line sixty-seven 
rods to a stake and stones, being the northeast cor- 
ner of said Spear's land ; thence due east through 
land of Lester Cotton to the centre of Farmington 
river; thence northerly up the centre of said river be- 
ing the line between this tract and the town of Tol- 
land, to the south line of the town of Otis ; thence 
north eighty-one degrees west, on the line of Otis, 
one hundred and forty rods to the place of begin- 
ning ; containing two hundred and twenty acres,- — is 
hereby annexed to, and made part of the town of 
Otis in said county of Berkshire. 

Sec. 2. This act shall take effect from and after 
its passage. 

[Approved by the Governor, April 9, 1838.] 



ABINGTON MINING CO. April 9, 1838. 365 



CHAP. LXXX. 

An Act to provide for the appointment of additional 
Watchmen, for the protection of the State House. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The serjjeant-at-arms, in addition to the Watch- Sergeant-at-arms 

. . . . ^^y appoint, &c. 

men which he is required to appoint by the sixty- 
first section of the thirteenth chapter of the Revised 
Statutes, may, from time to time, appoint such ad- 
ditional watchmen as may, in his judgment, be ne- 
cessary for the purposes, and subject to the regula- 
tions of the sixty-first and sixty-second sections of 
said chapter, except that the additional watchmen so Additional 

, , , , , I • 1 • • watchmen not to 

apponited shall not be authorized to appoint assist- appoint assist- 
ants ; and said watchmen shall receive such com- 
pensation for their services as the sergeant-at-arms Sergeant-at-arms 

,,,,., J. jiir L to determine 

shall think proper, not exceeding one dollar ror each compensation, 
day or night, for each watchman so employed, to be &c. ' 

paid in the manner now provided for the payment of 
salaries of watchmen. 

[Approved by the Governor, April 9, 1838.] 



CHAP. LXXXI. 

An Act to incorporate the Abington Mining Com- 
pany. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Benjamin Hobart, Asaph Dunbar, and Persons incorpo- 

T • 1 Tvr I • • 1 rated. 

Isaiah Noyes, their associates and successors, are 

47 



366 REG. DEEDS, BRISTOL CO. April 9, 1838. 

hereby made a corporation by the name of the 
Abington Mining Company, for the purpose of dig- 
ging and mining for coals and other minerals in the 
counties of Plymouth and Bristol, and of converting 
the same to useful purposes, with all the powers and 
, privileges, and subject to all the duties, restrictions 
and liabilities set forth in the thirty-eighth and forty- 
fourth chapters of the Revised Statutes. 

Estate. Sec. 2. The said corporation may hold, for the 

purposes aforesaid, real estate to the amount of sixty 

Capital thousand dollars; and the whole capital of said cor- 

poration shall not exceed the sum of one hundred 
thousand dollars. 

[Approved by the Governor, April 9, 1838.] 



CHAP. LXXXII. 

An Act concerning the Register of Deeds for the 
county of Bristol. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The Register of Deeds for the northern district of 
the county of Bristol, shall, on demand, deliver at 
his office, to the custody of the Register of Deeds 
for the southern district in said county, all the ori- 
ginal deeds, recorded and remaining in the office of 
the former, conveying or relating to land or estates 
situate within the precinct of the latter. 

[Approved by the Governor, April 9, 1838.] 



FIRST C. U. SOC. IN TROY. April 9, 1838. 367 

CHAP. LXXXIII. 
An Act to incorporate the Plymouth Iron Company. 

O-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. Nathaniel Russell, Barnabas Hedge, and ^^^'^°°' '"^'"^p"- 
Nathaniel M. Davis, their associates and successors, 
are hereby made a body corporate, by the name of 
the Plymouth Iron Company, for the purpose of 
making and manufacturing iron in all its branches, 
and also copper and steel, and machinery, and using 
and improving the same, in Plymouth, in the county 
of Plymouth; and, for this purpose, shall have all 
the powers and privileges, and be subject to all the 
duties, restrictions and liabilities, set forth in the 
thirty-eighth and forty-fourth chapters of the Revised 
Statutes. 

Sec. 2. Said corporation may hold, for the pur- Estate. 
poses aforesaid, real estate to the amount of eighty 
thousand dollars ; and the whole capital stock of said capital stock. 
corporation shall not exceed the sum of two hundred 
thousand dollars. 

[Approved by the Governor, April 9, 1838.] 

CHAP. LXXXIV. 

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

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The First Christian Union Society in Troy shall w-- 



368 PUTNAM FREE SCHOOL. April 9, 1838. 

have power to assess the pews in their meeting- 
house, in Fall River, for the support of public wor- 
ship, and the payment of all necessary parochial 
charges. 

[Approved by the Governor, April 9, 1838.] 



CHAP. LXXXV. 

An Act to incorporate the Trustees of the Putnam 
Free School in Newburyport. 

Whereas Oliver Putnam, late of Boston, de- 
ceased, by his last will nnd testament, bequeathed 
Amount be- the suffl of fifty thousaud dollars for the establish- 

queathcd. 

ment and support of a free English School in New- 
buryport, in the county of Essex : therefore, 

He it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Persons incorpo- §£€. 1. Caleb Cushing;, Edward S. Hand, Daniel 

rated. , _ ... 

Dana, William B. Bannister, Josiah Little, Ebenezer 
Stone, Henry Johnson, and Roger S. Howard, and 
their successors, are hereby made a corporation, by 
the name of the Trustees of the Putnam Free 
School, to be established in the town of Newbury- 
port, in the county of Essex, with all the powers 
and privileges, and subject to all the restrictions and 
limitations, set forth in the forty-fourth chapter of 
the Revised Statutes, with the liberty of holding 
and managing real and personal estate, the net in- 
incomenotto comc of which shall not exceed six thousand dollars, 
to be applied exclusively to the purpose of educa- 
tion, in conformity with the provisions in the will of 
Oliver Putnam, late of Boston, deceased. 



SARGENT'S WHARF. April 9, IS3Q. 369 

Sec. 2. The treasurer of said trustees shall give Treasurer to give 

"-^ bond. 

bond, to their satisfaction, for the security of all 
moneys, papers and funds, belonging to said trust, 
which may come to his hands, as well as for the 
faithful discharge of the duties of his office. 

Sec. 3. The said trustees may remove any mem- Trustees may 

. i-r-ii remove members 

ber of their board, when disqualined by age or of their board. 

otherwise to discharge the duties of his said office, 

by vote of two thirds of the other members, and by 

a similar vote shall fill any vacancy in their board, Mayfiiivacan- 

under the limitation and in the manner provided in 

the will of the said Putnam. 

[Approved by the Governor, April 9, 1838.] 



CHAP. LXXXVI. 

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

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, asfolloius : 

Sec. 1. The proprietors of Sargent's Wharf, in i\iay extend 

, . r i~t II 1*11 wharf to the line 

the city or Boston, are hereby authorized and em- established by 
powered to extend their said wharf towards the 
channel, to the line establisiied by the General 
Court, by an act, entitled " an act to preserve 
the harbor of Boston, and prevent encroachments 
therein," passed on the nineteenth day of April, 
eighteen hundred and thirty-seven ; and they shall 
. have and enjoy the right and privilege of using and 
occupying the flats adjacent to said wharf, when so 
extended, at the end and at the sides thereof, in the 
same manner in which they have hitherto occupied 



370 SARGENT'S WHAKF. 4?n7 9, 1838. 

and enjoyed the flats and docks adjoining said wharf 
Not to extend as it HOW is : vrovided, that neither the said propri- 

wharf, or use -• ' ^ 

flats on souih etors, nor their assigns, shall have, or claim any 

side beyond line o ' ' J 

prescribed. right to cxtcnd the said wharf, or to use and occupy 
the flats which shall be on the south side of said 
wharf when so extended, bejond a line, drawn in 
continuation of the boundary line dividing the lands 
and flats of the petitioners from the lands and flats 
of the proprietors of Wilkinson and Pratt's Wharf, 
so called, or have or claim any right to extend the 

Not to extend said Sargcnt's Wharf, or to use and occupy the flats 

wharf, or occupy ^ " ^ . 

flats on north whichshall beottthc north side of said Sargent's 

side beyond line _ " 

prescribed. Wharf, whcu SO extended, beyond a line drawn 
about eastwardly, from the middle of a line extend- 
ing from the northern boundary line of the lands of 
the proprietors of said Sargent's Wharf, to the south- 
ern boundary line of the lands of the proprietors of 
Union Wharf, so called, through the point at which 
said boundary lines, when extended, will intersect 
each other. 

Sec. 2. Nothing herein contained shall be so 
construed, as to authorize the said proprietors to 
lessen or injure the rights or property of any other 
person or persons whatsoever. 

[Approved by the Governor, April 9, 1838.] 



HAVERHILL WEST PARISH. April 9, 1838. 371 



CHAP. LXXXVII. 

An Act in addition to An Act to incorporate the 
Proprietors of the Independent Congregational 
Church in Barton Square, in Salem. 

B E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. \. The third section of said act of incorpo- 
ration, passed on the twenty-sixth day of January, 
in the year one thousand eight hundred and twenty- 
five, is so altered, as to substitute one year instead Time provided 

, . , • • r \ r r ■ i i n ^°^ forfeiture of 

or two, in the provision lor the forieiture and sale or delinquent pews 

, , . altered. 

delinquent pews. 

Sec. 2. Nothing contained in this act shall be 
so construed, as to affect any rights already existing 
under the act to which this is in addition. 

[Approved by the Governor, April 9, 1838.] 



CHAP. LXXXVII I. 

An Act to authorize the sale of Ministerial Lands 
by the West Parish in Haverhill. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The West Parish in Haverhill is hereby 
authorized to sell the several tracts of land owned 
by said parish, lying in said town, and the treasurer Treasurer to 

r ' \ • ^ r I • 1 • • I'l execute deeds. 

ot said parish, lor the time being, is authorized to 
execute a deed or deeds to convey the same. 

Sec. 2. The proceeds of the sale of said lands 



372 TOWN OF WILLIAMSTOWN. Jpril 9, 1838. 

Proceeds, how shall be iiivested in such manner as said parish shall 

directed to be 

invested, &c. diiect : pwvided, that, the income only, and no part 
of the principal, shall be applied for the support of 
the ministry in said parish. 

[Approved by the Governor, April 9, 1838.] 



described. 



CHAP. LXXXIX. 

An Act to annex a tract of unincorporated land to 
the town of Williamstown. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Dividing line Sec. 1. The tract of unincorporated land in the 

county of Berkshire, bounded on the west by the 
state of New York, by a line extending one thousand 
eight hundred and eight rods ; on the south by the 
town of Hancock, by a line of four hundred rods ; 
and on the east by the town of Williamstown, by a 
line extending one thousand seven hundred and 
seventy-six rods, containing two thousand two hun- 
dred and twenty acres, — is hereby annexed to, and 
made part of the town of Williamstown. 

Sec. 2. This act shall take effect from and after 
its passage. 

[Approved by the Governor, April 9, 1838.] 



scribed. 



PACIFIC MAN. COMPANY. April 9, 1838. 373 

CHAP. XC. 

An Act to annex a part of the town of Holden to the 
town of Paxton. 

He it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The tract of land in the town of Holden, contain- ?^'Y[l'^s''nesde- 
ing about ten acres, and bounded as follows : — be- 
ginning at the stone monument in the line of Ste- 
phen Sweelser's land ; thence north seventy-seven 
degrees east and eighty rods, to a stone monument 
in Samuel D. Harrington's pasture ; thence north 
twelve degrees west, twenty rods, to a stone monu- 
ment erected as a town boundary ; thence south 
seventy-seven degrees and forty-five minutes west, 
about eighty rods, to a stake and stones by land of 
said Sweetser ; thence south thirteen degrees east, 
to the point of beginning ; the said tract being a 
part of the farm of the said Samuel D. Harrington, — 
is hereby set off from the town of Holden and an- 
nexed to the town of Paxton. 

[Approved by the Governor, April 9, 1838.] 



CHAP. XCI. 

An Act to incorporate the Pacific Manufacturing 
Company. 

JlJE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Alexander Clark, George T. Baker, and Persons incorpo- 

48 rae. _ 



874 EXECUTORS & ADMINIS'RS. Jpril d, 1838. 

Ward M. Parker, their associates and successors, are 
hereby made a corporation, by the name of the Pa- 
cific Manufacturing Company, for the purpose of 
Goods to be man- manufacturing cotton and woollen goods in the town 

ufactured. /> t- i i • r t> 

of Falmouth, in the county of Barnstable ; and for 
this purpose shall have all the powers and privileges, 
and be subject to all the duties, restrictions and lia- 
bilities set forth in the thirty-eighth and forty-fourth 
chapters of the Revised Statutes. 

Sec. 2. The said corporation may hold, for the 
purposes aforesaid, real estate to the amount of 
twenty thousand dollars ; and the whole capital 
stock of said corporation shall not exceed the sum 
of fifty thousand dollars. 



Real estate. 



Capital stock. 



[Approved by the Governor, April 9, 1838.] 



CHAP. XCII. 

An Act relating to the composition of Debts by 
Executors and Administrators. 



_oE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Executor or ad- Sec 1. Whcu any debtor of a deceased person 

ministrator may "^ 

compound. shall be unable to pay all his debts, the executor or 
administrator, with the approbation of the judge of 
probate, may compound with such debtor and give 
him a discharge, upon receiving a fair and just divi- 
dend of his estate and effects, or such part of said 
debt, instead of the whole thereof, as the judge of 
probate may deem beneficial to those interested in 
the estate of said deceased person. 



AMERICAN INSURANCE CO. April 9, 1838. 375 

Sec. 2. That the tenth section of the sixty-fifth 
chapter of the Revised Statutes be and the same is 
hereby repealed. 

[Approved by the Governor, April 9, 1838.] 



CHAP. XCIII. 

An Act to extend the term of the American Insur- 
ance Company. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The term for which the American In- Term extended, 
surance Company was incorporated, is hereby ex- 
tended for the further period of twenty years from 
the expiration of the original term, for the purpose 
of insuring against maritime losses, and losses by 
fire, and of making maritime loans ; and shall have 
all the powers and privileges, and be subject to all 
duties, restrictions and liabilities set forth in the 
thirty-seventh and forty-fourth chapters of the Re- 
vised Statutes, and an act concerning insurance 
companies, passed on the tenth of March, eigh- 
teen hundred and thirty-eight. 

Sec. 2. The said company may hold real estate Estate. 
not exceeding one hundred thousand dollars. 

Sec. 3. The said company is allowed two years Term extended 

to chEinsfG invest" 

from the expiration of its original term, to change mem of capital. 
the investment of their capital, and re-invest the 
same according to law. 

[Approved by the Governor, April 9, 1838,] 



376 TOWN OF SANDISFIELD. April 9, 1838. 

CHAP. XCIV. 

An Act to annex a tract of unincorporated land to 
the town of Sandisfield. 

XjE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Dividing lines de- Sec. 1. All that part of tile unincorporated tract 

scribed. _ ' _ ' 

of land in the county of Berkshire, called " East 
Eleven Thousand Acres," which lies within the fol- 
lowing bounds, namely : — beginning at a stake and 
stones on the east line of Sandisfield, and on the 
north line of David Spear's land, being the south- 
west corner of a tract of land annexed to the town 
of Otis ; thence r^jnning south on the line of Sandis- 
field, about six hundred and fourteen rods to the 
centre of Farmington river ; thence easterly and 
northerly up the centre of said river, being the line 
of Tolland, to the southeast corner of the tract of 
land annexed to Otis ; thence due west through 
land of Lester Cotton, sixty rods to a stake and 
stones, being the northeast corner of David Spear's 
land ; thence south eighty-eight degrees west on the 
line of said Spear's land sixty-seven rods to a stake 
and stones; thence north seventy degrees west on 
said Spear's line thirty-six rods to the place of be- 
ginning, — is hereby annexed to, and made part of 
the town of Sandisfield in said county of Berkshire. 
Sec. 2. This act shall take effect from and after 
its passage. 

[Approved by the Governor, April 9, 1838.] 



B. & L. RAIL-ROAD CORP. April 10, 1838. 377 



CHAP. XCV. 

An Act to authorize the Boston and Lowell Rail- 
road Corporation to increase their Capital Stock. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The Boston and Lowell Rail-road Cor- Amount increas- 
poration are hereby authorized to increase their cap- 
ital stock to an amount not exceeding three hun- 
dred thousand dollars beyond their present capital, 
in shares of five hundred dollars each. 

Sec. 2. When the said corporation shall have Engines and cars 

. , 1 11 1 II compelled to go 

completed their second track, they shall compel all indirection 

. . I 1 T • specified. 

engines and cars going in a northerly direction to 
keep upon one track, and all engines and cars going 
in a southerly direction to keep upon the other. 

Sec. 3. Whenever, by reason of accident, or May be allowed 

I "III I I 1 1 I ™ to go on one 

other unavoidable cause, one track shall be out or track, when ne- 
repair, it shall then be lawful for said corporation to 
allow the engines and cars to pass and repass on the 
same track : provided, that the corporation use all 
due diligence to put the said road in repair. 

[Approved by the Governor, April 10, 1838.] 



378 NASHUA & LOWELL R. ROAD. April 10, '38. 



CHAP. XCVL 

An Act to unite the Nashua and Lowell Rail-road 
Corporations of Massachusetts and New Hamp- 
shire. 

oE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Stockholders of Sec. L The stockholdcrs of the Nashua and 

both corporations iir-»i i /-^ • • 

united. Lowell Rail-road Corporation, incorporated by the 

Legislature of the State of New Hampshire, in the 
jear one thousand eight hundred and thirty-five, are 
hereby constituted stockholders of the Nashua and 
Lowell Rail-road Corporation, incorporated by the 
Legislature of this Commonwealth, in the year one 
thousand eight hundred and thirty-six ; and the said 
two corporations are hereby united into one corpo- 
ration, by the name of the Nashua and Lowell Rail- 
road Corporation ; and all the tolls, franchises, rights, 
powers, privileges and property granted or to be 
granted, acquired or to be acquired, under the au- 
thority of the said States, shall be held and enjoyed 
by all the said stockholders in proportion to their 
number of shares in either or both of said corpora- 
tions. 

Stockholders to Sec. 2. The Said stockholders shall hold their 

transact their bu- . i i • i i • i • /v 

siness as one cor- mectiugs, make their by-laws, appoint their omcers, 

poration. , ii i ■ i • 

and transact all their business, as one corporation : 
Officers of said provided, that one or more of the officers of said cor- 

corporation to be . , , , , . , • i • /-. i i i 

in part residents poratiou shall bc rcsidcut HI this Commonwealth, and 

of this Common- • i tvt 

wealth and part oue or moi'c of them in the State of New Hamp- 

in New Hamp- , . . . 

shire. shire, on whom process against said corporation may 

To be liable to bc legally served, in either State, and that said cor- 

be served with o ./ ' 

process against poratioH shall be held to answer in the jurisdiction 



NASHUA & LOWELL R. ROAD. April 10, '38. 379 

where the service shall be made, and the process is the corporation, 

in either state, 

returnable. &c. 

Sec. 3. The share or shares of any stockholder shares, when lia- 

- 1 • I 1 1 I I • I I I - ble lo attach- 

in said corporation shall be liable to attachment, and ment, &c. 

to be taken on execution in the State where such 

stockholder shall reside at the time of the service of 

the process : provided, that an attested copy of the 

writ or execution, and of the officer's return, shall, at 

the time of the service, be left with the clerk, or a 

director of the corporation, or at his usual place of 

abode, by the officer raakino; the service. 

Sec. 4. The said corporation shall so make out Accoumofex- 

■* _ _ pcndilures, how 

and keep an account of the expenditures on said road to be kept. 
from its commencement to its completion, as clearly 
to exhibit what portion thereof belongs to that part 
of said road situated in Massachusetts, and what por- 
tion to that part in New Hampshire. 

And two commissioners shall be appointed, one by Commissioners 
the Governor of each State, to hold their offices for 
the term of four years, and to be reasonably compen- compensation to 

. • 1 , ,, be allowed them. 

sated tor their services by said corporation, who shall 

ascertain what proportion of expenditures on said i^roportionofex- 

' ' , _ penses to be 

road, and of the other expenses attending its construe- bome by each 

. . ■* ^ State. 

tion, maintenance and use, also what proportion of 
the receipts and profits of said rail-road shall prop- 
erly appertain and belong to the portions of said road 
in each state respectively. And the annual report Annual report of 

. directors to be 

required to be made by the directors to the Legisla- approved by 
ture of this Commonwealth, shall be approved by the 
said commissioners. 

Sec 5. The said corporation, so far as their road 
is situated in Massachusetts, shall be subject to the 
general laws of the State, to the same extent as the 
Nashua and Lowell Rail-road Corporation, estab- 
lished by its Legislature in the year one thousand 



commissioners. 



380 NO TOWN & WESTMINSTER. April 10, '38. 

eight hundred and thirty-six, would be, if this act 
had not been passed. 
Act, when to Sec. 6. This act shall not take effect until the 

Legislature of the State of New Hampshire shall 
have passed an act similar to this, uniting the said 
stockholders into one corporation ; nor until said acts 
shall have been accepted by the said stockholders at 
a meeting duly called for that purpose ; at which 
meeting, the said stockholders may ratify and con- 
firm all or any of their former doings, and adopt 
them as the acts and proceedings of the said united 
corporation. 

[Approved by the Governor, April 10, 1838.] 



CHAP. XCVII. 

An Act to annex a part of No Town to the town of 
Westminster. 

B E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Dividing lines Sec. 1. All that part of the Unincorporated lauds 

of No Town, which is included within the following 
bounds, viz. — beginning at a large rock, at an angle 
in the line between Westminster and No Town ; 
thence south, sixty-eight degrees and twelve minutes 
east, forty-four rods, to a stake and stones, by land 
of Mr. Osgood ; thence north, fifty-four degrees and 
fifteen minutes east, on the line of said Osgood's 
land, eighty-eight rods, to a stake and stones, at the 
northeast corner of Levi Hadley's land ; thence 
south, seventy degrees and twenty-five minutes east, 
on the northerly line of said Hadley's land, one 



described. 



NO TOWN & WESTMINSTER. April 10, '38. 581 

hundred and twenty-six rods, to a stake and stones 
on land of Charles Grout ; thence south, seventeen 
degrees and twenty minutes east, on the line between 
said Hadley's and Grout's land, seventy rods and a 
half, to a stake and stones at an angle in said line ; 
thence south, fifty degrees and thirty minutes east, 
through land of said Had ley, one hundred rods, more 
or less, to a stake and stones ; thence north, fourteen 
degrees east, to a stake and stones lately erected by 
the commissioners appointed to view the unincorpo- 
rated lands in Massachusetts ; thence on the same 
course, between the lands of Lowe and others on the 
west, and the lands of Hayden and others on the 
east, to a stake and stones on the south line of the 
town of Fitchburg ; thence north, seventy-eight de- 
grees and forty minutes west, on the south line of 
Fitchburg, four hundred and eleven rods, to a stone 
monument at Westminster line, being the southwest 
corner of Fitchburg, and the northwest corner of No 
Town ; thence south, ten degrees west, on the line 
between Westminster and No Town, six hundred 
rods, to the aforesaid large rock, — is hereby annexed 
to and made part of the town of Westminster, in 
the county of Worcester. 

Sec, 2. This act shall take effect from and 
after its passage. 

[Approved by the Governor, April 10, 1838.] 
49 



382 



SHARES IN CORPORATIONS. April 10, 1838. 



No executor, &c. 
to be subject to 
liability as stock- 
holder, &c. 



Proviso. 



Executors, &c. 
may vote as 
stockholders. 



In transfers of 
stock as collate- 
ral security, debt 
to be described, 
&c. 



CHAP. XCVIII. 

An Act concerning the Ownership of Shares in 
Corporations. 

JoE 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. No persons holding stock in any corpo- 
ration, as executors, administrators, guardians or 
trustees, shall be personally subject to any liabilities 
as stockholders of such corporation : but the estates 
and funds in the hands of such executors, adminis- 
trators, guardians and trustees, shall be liable in their 
hands in like manner, and to the same extent, as the 
deceased testator or intestate, or the ward or person 
interested in such trust fund would have been, if 
they had respectively been living and competent to 
act, and had held the same stock in their own names: 
provided, that this act shall not be construed to af- 
fect or impair any right heretofore acquired by any 
person against a holder of stock in any corporation 
by force of the laws of this Commonwealth, but all 
existing liabilities of such stockholders under any 
preceding act, shall be adjudged and determined 
upon as if this act had not been passed. 

Sec. 2. Every such executor, administrator, 
guardian and trustee, shall represent the shares or 
stock in his hands at all meetings of the corporation, 
and may vote as a stockholder. 

Sec. 3. In all transfers of stock in any corpora- 
tion hereafter made as collateral security, the debt 
or duly which such transfer is intended to secure, 
shall be substantially described in the deed or in- 
strument of transfer; and any certificate of stock 



RAIL-ROAD CORPORATIONS. April 10, 1838. 383 

which shall be issued to any pledgee or holder of 
such collateral security, shall express, on the face of 
it, that the same is so holden ; and the name of the 
pledger shall be stated therein, and he alone shall 
be responsible as a stockholder in said corporation. 

Sec. 4. It shall be the duty of the treasurer or Record of trans- 

•^ fer to be exhibit- 

cashier, or of any other officer who has the lawful ed to creditors 

•^ _ when required. 

custody of the records of transfers of shares in any 
corporation, upon the written request of a creditor of 
the general owner of any stock pledged or trans- 
ferred as aforesaid, to exhibit to him the record of 
such transfer ; and in case of refusal, and of any loss 
to such creditor by reason thereof, such corporation 
shall be liable to said creditor for the amount of such 
loss. 

Sec. 5. This act shall take effect from and after 
its passage. 

[Approved by the Governor, April 10, 1838.] 



CHAP. XCIX. 

An Act authorizing Rail-road Corporations to make 
certain contracts. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Any rail-road corporation, which has May make con- 

I I 1 I 1 • /^ II tracts for trans- 

been or may be created by this Commonwealth, or portation, 
by the concurrent acts of this Commonwealth and 
any other adjoining state, is hereby authorized to 
contract with any other rail-road corporation created 
as aforesaid, whose road enters upon or is connected 
with the road of the corporation so contracting, to 



384 RAIL-ROAD CORPORATIONS. Jpn710, 1838. 

do and perform nil the transportation of persons and 
freight upon and over said rail-road, upon such 
terms and conditions as may be mutually agreed by 
the parties. 
Copy of contract Sec. 2. Any rail-road corporations which may 

to be annexed to , , i 1 1 i i • 

annual report, make such coutracts, shall append to their next an- 
nual reports a copy of said contracts, and shall, in 
their annual reports of their receipts and expendi- 
tures, specify their receipts and expenditures under 
said contracts ; and the income arising from said 
contracts for transportation shall be subject to the 
provisions of law in regard to the right of the Com- 
monwealth to reduce the tolls on said roads, or to 
purchase said roads, in the same manner as the in- 
come arising from the use of said roads is made 
subject. 

Corporation to be Sec. 3. lu all cases whcrc such contracts are 

liable for dam- . , , . , i i 1 1 i 

ages. made, the corporation owning the rail-road shall be 

liable for all damage done, or injury sustained, on 
their road, or in the use of the same, in the same 
manner, and to the same extent, that they would be 
liable, if they performed the transportation them- 
selves. 

Provisions of Sec. 4. Whenever auy rail-road corporatiou shall 

conveyance as . • i i i 

security to Com- bc rcquucd to couvcy, lu pledge or mortgage, to the 
Commonwealth, their road, with the franchise and 
property to them belonging, to secure the Common- 
wealth for any loan made to them, or any debt owing 
or to become owing from them to the Common- 
wealth, the said conveyance shall by the terms of it 
be of the road, franchise and property of the corpo- 
ration as it shall exist at the time of the execution 
of said conveyance, whether the said corporation 
shall have acquired a full title to the land upon which 
the road is authorized to be made or not, or whether 



DECISIONS S. J. COURT. April \2,\S3S. 385 

the road is then completed or not ; and said convey- 
ance shall be in full force without any record thereof. 

Sec. 5. Such conveyance shall, as against any Conveyance, 

*' _ , ^ •' how far to ope- 

claims or incumbrances to which the said road, fran- rate. 
chise or property may be thereafter subjected, ope- 
rate to cover and bind any lands, included within the 
location of the road, the title to which, or the ease- 
ment upon which, shall be thereafter acquired, and 
any additions which shall be thereafter made to said 
road by labor, materials or otherwise, and any lands 
thereafter purchased and appropriated for depots for 
said road, or any buildings or fixtures placed thereon, 
and also any engines, cars or other apparatus, which 
may be placed upon said road, or procured therefor, 
as fully as if the said road had been completed, and 
all the said property acquired and owned by said 
corporation, at the time of the execution of such 
conveyance : provided, that such conveyance shall 
not be construed to include or affect any personal 
property which shall have been sold by said corpora- 
tion to a bona fide purchaser before the Common- 
wealth shall take possession thereof, under said 
conveyance. 

[Approved by the Governor, April 10, 1838.] 



CHAP. C. 

An Act concerning the Reports of the Decisions of 
\ the Supreme Judicial Court. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The reports of the decisions of the supreme judi- 
cial court, on all questions of law argued and deter- 



386 GAY HEAD INDIANS. April 12, 1838. 

mined before the first day of September in each year, 
shall be published on or before that day. 

[Approved by the Governor, April 12, 1838.] 



CHAP. CI. 

An Act to prohibit the sale of Ardent Spirits to the 
Gay Head Indians. 

Be it enacted by the Senate and House of Rep- 
resentatives.) in General Court assembled^ and by the 
authority of the same, as follows : 
Contracts for Sec. 1. All coHtracts made by the Indian, mii- 

sale to be void. . "^ 

latto and negro proprietors, or inhabitants of Gay 
Head, in Dukes county, or by any person in their 
behalf, for the sale of wine, brandy, rum, or any 
other spirituous liquor, other than for the purposes of 
medicine, as prescribed by a regular physician, shall 
be wholly void ; and any person, who shall know- 
ingly sell any of said liquors to any of said proprie- 
tors, or inhabitants, or to any person in their behalf. 
Penalty for sell- exccpt by prescription as aforesaid, shall be liable to 
indictment therefor, and, upon conviction in any 
court of competent jurisdiction, shall pay a fine of 
not more than one hundred dollars, to the use of the 
Commonwealth. 
Persons purchas- Sec. 2. Any pcrsoH, who shall, on behalf of 
tofs, fcc^.^Habie to any proprietor or inhabitant aforesaid, purchase any 
P^"^ ^" wine, brandy, rum, or any other spirituous liquor, 

except by prescription, as aforesaid, shall forfeit and 
pay a fine as set forth in the preceding section. 

[Approved by the Governor, April 12, 1838.] 



DEDHAM FIRE DEPARTM'T. Aj)ril 12, 1838. 387 



CHAP. CII. 

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

X>E it enacted by the Senate and House of Rep- 
resentatives^ in General Court assembled^ and by the 
authority of the same, asfolloivs : 

Sec. 1. The selectmen of the town of Dedham selectmen to ap- 

. . point engineers. 

shall, in the month of April, in each jear, appoint 
as many engineers for the fire department of said 
town as they may think expedient : provided, such 
number so appointed shall not exceed nine, who shall Number of 

\ ' engineers. 

hold their offices for one year from and after the first 
day of May next succeeding, and until others are 
appointed in their places. 

The said selectmen are authorized and required to Authorized to 

•* fill vacancies. 

fill any vacancies in the said office of engineer ; and 

the said engineers shall possess the same authority. Authority of 

^ ° ' _ _ "^ engineers. 

and exercise the same powers, in relation to the ex- 
tinguishment of fires, as firewards do, by law, pos- 
sess and exercise. 

Sec. 2. The said selectmen, immediately after selectmen to 

•' issue warrant 

the appointment of said engineers, shall issue a war- formeetingof 

. . ... . engineers. 

rant to one of their number, requiring him to notify 
a meeting of the board of engineers, at such time 
and place as shall be designated in such warrant, at 
which meeting the said engineers shall elect from Organization of 

■^ . board of engi- 

their number a chief engineer, a clerk, and such neers. 
other officers as they may deem necessary for their 
complete organization. 

Sec. 3. The said engineers be, and they are Engineers to ap- 

L I r .u .1. • J J -J • point engine- 

hereby, turtner authorized and required to exercise men. 
all the powers, and perform all the duties, in relation 
to the nomination and appointment of engine-men, 



388 DEDHAM FIRE DEPARTM'T. April 12,IS3S. 

which the selectmen of said town have been hereto- 
fore by law authorized and required to exercise and 
perform ; and said engineers, and all persons ap- 

Priviie^es and pointed bv them pursuant to this act, shall be sub- 
exemptions of J "^ ■* ^ 
engineers and ject to the samc dutics, and entitled to the same 

engiue-men. "^ _ _ 

privileges and exemptions, as engine-men are subject- 
ed and entitled to, when appointed by the selectmen : 
provided, hotvever, 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. 
Number ap- Sec. 4. The Said engineers are hereby authorized 

pointed to each . i i r i • i i 

company limited, to appoiut such numbcr ot mcu to the engmes, hook 
and ladder carriages, and to constitute a company 
for the securing of property when endangered by fire, 
as they shall think expedient ; provided, that the 
number of men appointed to each hydraulion, or en- 
gine with suction hose, shall not exceed fifty men ; 
to each common engine, thirty-five men ; to the 
hook and ladder carriages, five men ; and to the fire 

Company au- compauy, forty men : and the said engine, hook and 

thonzed to or- / "^ . "^ ° i • i 

ganizethem- ladder camago men and lire company are authorized 

selves and choose . . ,. . 

officers. to orgauize themselves mto distmct companies, to 

elect captains, clerks, and other necessary officers, 

To establish to establish such rules and regulations as may be 

tuIgs &z>Ct subiccl 

to approval of approvcd by the board of engineers, and to annex 

board of engi- i z' i i • i 

neers. penalties to the breach oi the same, which may be 

sued for and recovered by the clerk of any company 
so organized, before any court of competent juris- 
diction, to be appropriated to the use of such com- 
Penaity for vio- paiiy I pvovided, that no penalty shall exceed ten 
aiono rues. (jQiJarg : and provldcd, further, that such rules and 



DEDHAM FIRE DEPARTM'T. April 12, 1838. 389 

regulations be not repugnant to the constitution and 
laws of this Commonwealth. 

Sec. 5. The said board of engineers shall have Engineers to 

CI II' have cliarge of 

the care and supermtendence of the public en- property belong. 

gines, hose, fire-hooks, ladder-carnages and ladders, partment. 

together with the buildings, fixtures and appendages 

thereto belonging, and all the pumps, reservoirs for 

water, and all apparatus owned bj the town of 

Dedham, and used for extinguishing fires, and shall 

cause the same to be kept in repair, and when worn 

out, to be replaced, and, from time to time, shall 

make such alterations therein and additions thereto 

as they shall deem necessary : provided, such alter- Amount of ex- 

.... . . Ill ^ J- penditure limited. 

ations, additions and repairs shall not exceed, in any 
one jear, the sum of one hundred dollars, unless said 
town of Dedham shall have authorized a larger 
appropriation. 

Sec. 6. The said board of engineers, at any Engineers to 
meeting thereof, may establish such rules and ordi- fire, &c. through 

streets. 

nances as they may judge proper, to prohibit or reg- 
ulate the carrying of fire, firebrands, lighted matches, 
or any other ignited materials, openly in the streets 
or thoroughfares of said town, or in such parts there- 
of as they may designate : and to prohibit any own- To regulate erec- 

•^ -^ ° __ *._ ,•' tion of defective 

ers or occupants of any buildings within said town, chimneys, &c. 
or such parts thereof as such board may designate, 
from erecting or maintaining any defective chimney, 
hearth, oven, stove or stove-pipe, fire-frame, or other 
fixture, deposite of ashes, or any mixture or other 
material, which may produce spontaneous combus- 
tion, or whatever else may give just cause of alarm, 
or may be the means of kindling or spreading fires. 
And the said board of engineers may, from time 
to time, make and ordain rules and regulations for 
their own government, and for the conduct of citi- 
50 



390 



DEDHAM FIRE DEPARTM'T. April 12, 1838. 



May aiinex pen- 
alties for breach 
of rules. 



Penalties recov- 
ered, how to be 
appropriated. 



Regulations to 
be approved by 
inhabitants. 



When to take 
effect. 



zens present at any fire, and may annex penalties for 
the breach of anj rule, reguhuion or ordinance, which 
they may have deemed expedient to make, not ex- 
ceeding twenty dollars for any one breach thereof; 
and the same may be prosecuted for, and recovered 
by the chief engineer in his own name, before any 
court of competent jurisdiction ; and all penalties so 
recovered shall be appropriated by said engineers to 
the improvement of the fire apparatus of said town : 
provided, such rules, regulations and ordinances shall 
not be repugnant to the constitution and laws of the 
Commonwealth, and shall not be binding until the 
same shall have been approved by the inhabitants of 
said town, in legal meeting, held for that purpose, 
and published in some newspaper printed in said 
town of Dedham. 

Sec. 7. All laws inconsistent with the provisions 
of this act are hereby repealed, so far as they may 
apply to the said town of Dedham ; and the provi- 
sions of this act shall not take effect, until the same 
shall have been accepted by a majority of the inhab- 
itants of said town qualified to vote in town affairs, 
at a meeting legally notified for that purpose, and 
shall continue in force until modified or repealed by 
the Legislature of this Commonwealth. 



[Approved by the Governor, April 12, 1838.] 



OLD COLONY R. R. CORP. April ItJ, 1838. 391 

CHAP, cm. 

An Act to establish the Old Colony Rail-road Cor- 
poration. 

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. Alfred Gibbs, Joseph Grinnell, and. Persons mcorpo- 
Janies B. Congdon, their associates and successors, 
are hereby made a corporation, by the name of the 
Old Colony Rail-road Corporation, with all the 
powers and privileges, and subject to all the duties, 
liabilities and provisions contained in that part of the 
thirty-ninth chapter of the Revised Statutes, which ^°j^^ ^'^ ''*''' 
relates to rail-road corporations, and in the forty- 
fourth chapter of said Revised Statutes ; atid said 
corporation is hereby authorized and empowered to 
locate, construct, and finally complete a rail-road from 
the town of Taunton to the town of New Bedford, tht; 
course and direction of which shall be as follows : 
beginning at the southern termination of the Taun- 
ton Branch Rail-road ; ihence southerly and easter- 
ly to Taunton river, crossing said river about a quar- 
ter of a mile above the Weir bridj::e ; thence south- 
erly to the brick yards in said Taunton ; thence 
crossing the Pole Plain ridge, passing through the 
Bear swamp, about a half of a mile westerly of the 
new county road, so called, and continuing at about 
that distance from said county road to the Middle- 
borough swamp, so called ; thence crossing the road 
near Bell's bridge, and passing east of ihe dwelling- 
house of Noah Ashley, and west of the Freetown 
furnace, and from thence along the easterly edge of 
Sassacomer pond, and running still southerly east of 



392 OLD COLONY R. R. CORP. April 13, 1838. 

Tarkill hill, west of the dwelling-house of William 
Hathaway, and near the dwelling-house of Hayden 
Coggeshall, to the intersection of Willis and Ray 
streets in New Bedford aforesaid. 

Amount of stock. gg^. 2. The Capital stock of said corporation 
shall not exceed the sum of four hundred thousand 
dollars, and shall be divided into shares of one hun- 
dred dollars each ; and the said corporation may 
purchase and hold, in the name of the corporation, 
such real estate, materials, engines, cars, and other 
things as may be necessary for depots, for the use 
of said road, and for the transportation of persons, 
goods and merchandize. 

Tolls may be ai- Sec. 3. The Legislature mav, after the cxuira- 

tered by legisla- ~ -' ' i^ 

♦"^e* tion of five years from the time when the said rail- 

road shall be opened for use, from time to time, alter 
or reduce the rate of tolls and other profits upon 
said road ; but the said tolls shall not, without the 
consent of the corporation, be so reduced as to pro- 
duce, with said profits, less than ten per cent, per 
annum. 

Treasurer to is- Sec. 4. The trcasurcr of this Commonwealth is 

sue scrip in aid. 

hereby authorized and directed to issue scrip or cer- 
tificates of debt, in the name and behalf of the 
Commonwealth, under the hand of the said treasur- 
er and the seal of the Commonwealth, for the sum 
of one hundred thousand dollars, bearing an interest 
of five per cent, per annum, payable semi-annually 
at the office of said treasurer, and redeemable at 
the same place at the expiration of fifteen years from 
the date of said certificates, which scrip or certifi- 
cates shall be deemed to be a pledge of the faith 
and credit of the Commonwealth for the redemp- 
tion thereof. And the said treasurer shall, under 
the conditions hereinafter provided, deliver the same 
to the treasurer of the said corporation, for the pur- 



OLD COLONY R. R. CORP. April 13, 1838. 393 

pose of enabling the said corporation to complete 
the said rail-road. 

Sec- 5. When the said corporation thall have re- copft'pns on 

* which the scrip 

ceived, from assessments legally made, the sum of '^'°''®K*V^'^5 

o J ' when, and in 

one hundred and fifty thousand dollars, and shall what amounts. 
have expended one hundred thousand dollars in the 
construction of said road, or in the necessary appur- 
tenances thereof, the said treasurer shall deliver to 
the treasurer of said corporation, scrip or certificates 
of debt, to be issued as aforesaid, to the amount of 
fifty thousand dollars ; and when the said corpora- 
tion shall have received, from assessments duly laid, 
the further sum of one hundred thousand dollars, 
and shall have expended the one halfof said last named 
sum in the construction of said road, or in the neces- 
sary appurtenances thereof, in addition to the said 
sum of one hundred and fifty thousand dollars, the 
treasurer of the Commonwealth shall deliver to the 
treasurer of said corporation, scrip, or certificates of 
debt, to be issued as aforesaid, to the amount of fifty 
thousand dollars : provided, that before such scrip or 
certificates of debt shall be delivered as aforesaid, 
the said corporation shall furnish evidence satisfacto- 
ry to the Governor and Council, that the conditions 
upon which it is to be delivered, as herein before 
provided, have been complied with. 

Sec. 6. No part of said scrip shall be delivered Bondtobeexe- 

- . , . ., . , cuied by corpo- 

to the treasurer ot said corporation, until said corpo- ration. 
ration shall have executed to the Commonwealth, a 
bond in such form as the attorney general shall pre- 
scribe, conditioned that the said corporation shall 
faithfully expend the proceeds of said scrip, in the 
construction of the said road, or in the necessary 
appurtenances thereof, and shall indemnify and 
save harmless the Commonwealth from all loss or in- 



394 OLD COLONY K. R. CORP. April 13, 1838. 

convenience on account of said scrip or certificates of 
debt, and that said corporation shall, and will pay the 
principal sum of the said scrip or certificates of debt, 
and the interest thereon, as the same shall fall due, 
^,^°r'^/.^°n^ respectively ; and shall also convey to the Common- 

pledged to Com- r J ^ J 

monweaiihforse- wealth, by a Suitable instrument, to be prepared for 
that purpose, under the direction of the attorney gen- 
eral, their entire road and its income, and all the fran- 
chise and property to them belonging, free of all prior 
incumbrance, as a pledge or mortgage, to secure the 
performance of all the conditions of said bond : pro- 
vided^ that the Commonwealth shall not take pos- 
session of said mortgaged property, unless for a sub- 
stantial breach of some condition of said bond. 

Time for comp)e- Sec. 7. If the said Corporation shall not have 

tion of rail-ioad * 

limited. been organized, and the location of the route filed 

with the county commissioners of the counties of 
Bristol and Plymouth respectively, within two years 
from the passage of this act, or if the said corpora- 
tion shall fail to complete said road within three 
years from the passage of this act, then this act shall 
be void. 

Sec. 8. This act shall take effect from and after 
its passage. 

Amount to be set §5.^. 9. After the Said road shall be open for use, 

apart and paid to ^ 

treasurer of Com- .^ g^j^j gqual to ouc pcr ccut. ou the amouut of all 

monwealth for ^ ' 

sinking fund. scrip issucd as aforesaid, shall be annually set apart 
from the income of said road, and paid to the treas- 
urer of the Commonwealth, and the whole thereof 
shall be by him placed at interest, and the same, with 
the interest annually accruing thereon, shall consti- 
tute a sinking fund for the future purchase and final 
redemption of all scrip advanced, and which shall be 
advanced by the Commonwealth to said corporation. 

[Approved by the Governor, April 13, 1838.] 



SCHOOLS. April 13, 1838. 395 



CHAP. CIV. 

An Act to exempt towns and other corporations from 
liability for damages in certain cases. 

UE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

From and after the first day of September next, 
no town or other corporation shall be liable for dam- 
ages for any deficiency in their highways or bridges, 
to any person whose carriage and load thereon shall 
exceed the weight of six tons. 



'&' 



[Approved by the Governor, April 13, 1838.] 

CHAP. CV. 

An Act concerning Schools. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The school committees shall annually committees lo 

. report annually. 

make a detailed report of the condition ot the sever- 
al public schools in their respective towns, designa- 
ting particular improvements and defects in the 
methods or means of education, and stating such 
facts and suggestions in relation thereto, as in their 
opinion will best promote the interests and increase 
the usefulness of said schools: which report shall Repontoberead 

^ in town meeting. 

be read in open town-meeting, in February, March, 
or April, in each year, or be printed and distribut- 
ed for the use of the inhabitants, and shall be de- 
posited in the office of the clerk of the town ; and 



396 



SCHOOLS. 



April 13, 1838. 



Copy to be trans- 
mitted to secreta- 
ry of the Com- 
monwealth. 



Committees to 
select teachers. 



Proviso. 



Committee to 
keep a record 
book. 



Compensation of 
committee. 



Form of returns 
to be prescribed 
by Board of Ed- 
ucation. 



an attested copy thereof shall be transmitted by said 
school committee to the office of the secretary of the 
Commonwealth, with the official return now requir- 
ed by law. 

Sec 2. The school comn)ittees shall select and 
contract with the teachers for the town and district 
schools; any provision in the twenty-third chapter of 
the Revised Statutes to the contrary notwithstand- 
ing : provided, however, that the teachers may be 
selected and contracted with, by the prudential com- 
mittees as heretofore, whenever the town shall so 
determine. 

Sec. 3. The school committee in each town 
shall be provided with a record book, in which all 
votes, orders and proceedings of the committee shall 
be duly recorded, and said record shall be delivered 
over by the committees, at the expiration of the 
year, to their successors in office. 

Sec. 4. The members of the school committees, 
except in the city of Boston, shall be paid, by their 
respective towns, one dollar each per day for the 
time they shall be actually employed in discharging 
the duties of their office, together with such addi- 
tional compensation as the town may allow. 

Sec 5. The form of the blanks, and the inquir- 
ies provided for by the statute of the year one thou- 
sand eight hundred and thirty-seven, chapter two 
hundred and twenty-seven, and the time when the 
same shall be returned into the office of the secreta- 
ry of the Commonwealth, shall hereafter be pre- 
scribed by the Board of Education. And the school 
committees shall fill the blanks and answer the in- 
quiries contained in such form, in the same manner 
and under the same provisions as they are now re- 
quired by law to do. 



NO TOWN & LEOMINSTER. \4?n7 13, 1838. 397 

Sec. 6. The Board of Education shall prescribe Board of Educa- 

, , X r r • II • II I ''""^ '** prescribe 

a blank. lonn or a register, to be kept in all the town form of register 
and district schools in the Commonwealth ; and the several schools. 
secretary of state shall forward a sufficient number Secretary of 

. Ill • r *'^'® ^° forward 

or copies ot the same to the school committees oi copies of the 

same to commit- 

the respective towns; and said committees shall tees. 

cause registers to be faithfully kept in all said 

schools, according to the form prescribed. 

Sec. 7. The abstract of the school' returns shall Abstract of re- 
turns to be made 

be made up under the direction of the Board of Ed- in the office of 

' . . the secretary of 

ucation, in the office of the Secretary of the Com- state. 
monwealth. 

Sec. 8. This act shall take effect from and after 
its passage. 

[Approved by the Governor, April 13, 1838.] 



CHAP. CVL 

An Act to annex part of No Town to the town of 
Leominster. 

JjE zi enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. All that part of the unincorporated lands Dividing lines 

described. 

of No Town which is included within the following 
bounds, viz. — beginning at a stake and stones, on 
the line between the towns of Leominster and No 
Town, it being the northeast corner of a lot of land 
belonging to John Whitney, of Princeton ; thence 
running north, fifty degrees and thirty minutes west, 
on the line of that part of No Town to be annexed 
to Princeton, about four hundred rods, to a stake and 
stones ; thence north, fourteen degrees east, on the 
61 



398 INSTRUCT. OF YOUTH, &c. April 13, 1838. 

line of that part of No Town to be annexed to West- 
minster, about seven hundred rods, to a stake and 
stones on the south line of the town of Fitchburg ; 
thence south, seventy-eight degrees and forty min- 
utes east, on the south line of Fitchburg, three hun- 
dred and twenty-five rods, to a stone monument, be- 
ing the northeast corner of No Town, and the north- 
west corner of Leominster ; thence in a southerly 
direction, by a line of many angles, running between 
No Town and Leominster, to a stake and stones at 
the place of beginning, — is hereby annexed to and 
made part of the town of Leominster. 

Sec. 2. This act shall take effect from and after 
its passage. 

[Approved by the Governor, April 13, 1838.] 



CHAP. CVII. 

An Act in addition to an Act to provide for the bet- 
ter instruction of Youth employed in Manufactur- 
ing Establishments. 

x3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Persons, how to No pcrson shall be liable to the penalty provided 
penalty* "^ ° in the act passed the sixteenth day of April, in the 
year one thousand eight hundred and thirty-six, en- 
titled " an act to provide for the better instruction of 
youth employed in manufacturing establishments," 
who shall, in each year, before employing any child 
under the age of fifteen years, as in said act men- 
tioned, obtain and preserve a certificate, signed by 
the instructer of the school, where such child attend- 



BANKS. April 13, 1838. 399 

ed at least three months of the twelve months next 
preceding, as in said act is provided, that such child 
has received the instruction in said act intended to 
be secured, the truth of which certificate shall be certificate to be 

II • 1 • I r ' ' sworn to. 

sworn to by the said instructer beiore some justice 
of the peace for the county where such instructer 
resides ; and upon said certificate shall also be certi- 
fied the fact of such oath or affirmation by said 
justice. 

[Approved by the Governor, April 13, 1838.] 



CHAP. CVIII. 
An Act authorizing Banks to surrender their charters. 

He it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The charter of any bank, incorporated charter may be 

... \ • r-^ II I 1 1 I III I aonulled when so 

Within this Commonwealth, shall be annulled when- determined by 
, 1 I 1 1 1 r II • ^°'^ °^ stock- 

ever the stockholders thereof, at a legal meeting holders. 

called for that purpose, may, by a majority of votes, 
computed according to the provisions of the twenty- 
third section of the thirty-sixth chapter of the Re- 
vised Statutes, so determine : provided, that nothing stockholders not 

, . • J 1 11 I 1 exempted from li- 

herein contained shall be so construed as to exempt abilities. 
the stockholders from any liabilities imposed by the 
thirty-sixth and forty-fourth chapters of the Revised 
Statutes. 

Sec. 2. Any bank which may avail itself of the whenbanksmay 

. . c \ 1 • • I 1 1 I ^^ exempted 

provisions oi the preceding section, shall be exempt- from liability to 
ed from the liability to pay the bank tax, from and ^^^ "* 
after the time a majority of the bank commissioners 
shall certify, under their hands, to the Governor, that 



400 MAiTAPOISETT OYS. CO. April 13, 1838. 

said bank may, with safety to the public, proceed to 
close its concerns, under the provisions of the sev- 
enth section of the forty-fourth chapter of the Re- 
vised Statutes. 

[Approved by the Governor, April 13, 1838.] 



CHAP. CIX. 

An Act to incorporate the Mattapoisett Oyster 
Company. 

XjE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Persons incorpo- Sec. 1. Jabcz Goodspced, Joscph Mcigs, Gideon 
Barstow, Joseph Meigs, Jr., Zaccheus M. Barstow, 
and Loring Meigs, and their associates and success- 
ors, are hereby made a corporation, by the name of 

Place of planting the Mattapoisctt Oyster Company, for the purpose 
of planting, propagating and digging oysters in Bar- 
low's Pond and Creek, in the town of Rochester, 
commencing at high-water mark, on the beach, at 
the south end of said creek ; thence northerly, in- 
cluding the creek, to said Barlow's pond ; thence 
northerly, by said pond, ten rods ; thence southwest 
to Goodspeed's island ; and for that purpose shall 
have all the powers and privileges, and be subject 
to all the duties, restrictions and liabilities set forth 
and contained in the forty-fourth chapter of the Re- 
vised Statutes. 

Corporation to Sec. 2. Said Corporation shall have the exclu- 

have exclusive _ ' 

right for twenty sivc right to usc Said creek and pond within the lim- 

years. _ " _ ' 

its aforesaid, for the space of twenty years ; for the 
purpose of planting, propagating and digging oysters 



SANDWICH B. B. FISH. CO. April 13, 1838. 401 

and other shell-fish : and if any person shall dig for, in Penalty for vio- 

' r o ' laiion of rights of 

said creek, or pond, or take therefrom any oysters or corporation. 
other shell-fish, within the term aforesaid, without 
leave of said corporation, he shall forfeit and pay a 
fine, not exceeding five dollars for each offence, to 
the use of the complainant, to be recovered in any 
court proper to try the same. 

[Approved by the Governor, April! 3, 1838.] 



CHAP. ex. 

An Act to protect the Shell Fishery in Chelsea. 

Jc>E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled^ and by the 
authority of the same, as follows : 

The provisions of the thirteenth section of the 
fifty-fifth chapter of the Revised Statutes shall be so 
altered and amended as to confer on the town of 
Chelsea the same protection in relation to the shell- 
fishery within said town, as is conferred on certain 
other towns therein named. 

[Approved by the Governor, April 13, 1838.] 



CHAP. CXI. 

An Act to incorporate the Sandwich Buzzard's Bay 
Fishing Company. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Edward B. Gibbs, Henry Gibbs, and persons incorpo- 

. . J rated. 

Benjannn Bourne, their associates and successors, are 



402 



SANDWICH B. B. FISH. CO. April 13, 1838. 



Penalty for vio- 
lations of act. 



hereby made a corporation, by the name of the Sand- 
wich Buzzard's Bay Fishing Company, in the town 
Authority to reg- of Sandwich, in the county of Barnstable, with au- 

ulate the alewive , i i i • i i • 

fishery. thority to regulatc the brook runnmg through their 

lands, from Great Pond, through other smaller ponds, 
into Buzzard's Bay, in said Sandwich, so far as is 
necessary for the purpose of an alewive fishery ; and 
for this purpose shall have all the powers and privi- 
leges, and be subject to all the duties, restrictions 
and liabilities, set forth in the forty-fourth chapter 
of the Revised Statutes. 

Sec. 2. If any person, without the permission of 
said corporation, shall take, catch, or haul on shore, 
any alewives in said brook, or within one eighth of 
a mile in any direction from the mouth of said brook, 
he shall forfeit and pay, for the use of said corpora- 
tion, a sum not exceeding two dollars, for any quan- 
tity less than one barrel so taken, and the sum of 
five dollars for every barrel so taken, to be recovered 
in any court of competent jurisdiction. 

Persons, not Sec. 3. If any damage shall be done by said 

members of the ^" >. ^i ^ c 

incorporation, to corporatiou to the property ot any person not a 

be indemnified , r • t ^' i iiii 

for damage. member of said corporation, such person shall be 
entitled to damages, to be estimated in the same 
manner as damages occasioned by the laying out of 
highways. 

Owners of ad- SeC. 4. All pcrSOHS, who UOW are, or shall here- 

joining lands may r" 1 I •.. . . 

become mem- after be owucrs of land ad oinine: said ponds or 

bers. '' (. ■ 

brook, may become members of said corporatiou, 
subject however, to pay their proportional part of 
the expenses which shall have been incurred by said 
corporation before the time of their admission as 
members. 



[Approved by the Governor, April 13, 1838.] 



DIST. OF BOSTON CORNER. April 14, 1838. 403 

CHAP. cxn. 

An Act to incorporate the District of Boston Corner. 

jt>E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. All that tract of unincorporated land in Boundaries de- 

I r r» 1 1 • II 1 T» t-~t scribed. 

the county of Berkshne, called Boston Corner, 
bounded on the west by the state of New York, by 
a line of about two miles and three fourths ; on the 
south by a part of New York, which projects south 
of Massachusetts, called the Oblong, one mile and 
three fourths, to a stone monument, being the north- 
east corner of the state of Connecticut ; on the east 
by the town of Mount Washington, by a line extend- 
ing two miles and one hundred and ninety-two rods, 
— is hereby incorporated into a district, by the name 
of Boston Corner, with all the powers, privileges 
and immunities of incorporated districts. 

Sec. 2. Any justice of the peace within the Warranttobe 

, , . issued for calling 

county of Berkshire is hereby authorized to issue his meeting of inhab- 

•^ _ •' _ _ Hants. 

warrant, directed to some principal inhabitant within 
the said district, requiring him to warn the inhabit- 
ants within the said district, qualified to vote in 
district affairs, to assemble at some suitable time and 
place in the said district, to choose such officers as 
shall be necessary to manage the affairs of the said 
district. 

[Approved by the Governor, April 14, 1838.] 



404 



WHARF AT RED BROOK. April 14, 1838. 



CHAP. CXIIl. 

All Act for the protection of the Shell Fishery in 
Ipswich. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The provisions of the fifty-fifth chapter of the 
Revised Statutes, so far as the same relate to cer- 
tain towns enumerated in the thirteenth section of 
said chapter, are hereby made to extend and apply 
to the town of Ipswich, as fully and effectually as if 
the name of said town were inserted in said section. 

[Approved by the Governor, April 14, 1838.] 



Persons author- 
ized. 



Privileges 
granted. 



CHAP. CXIV. 

An Act to confirm the location of a Wharf at Red 
Brook Landing, in Sandwich. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Elisha Perry, Howard Perry, John A. McGaw, 
and Rufus Kendrick, their heirs and assigns, are 
hereby authorized to continue and maintain their 
wharf, lately erected at Red Brook Landing, in Sand- 
wich, in the county of Barnstable, and to lay and 
fasten vessels at the sides and ends thereof, and to 
take dockage and wharfage therefor : provided, that 
this grant shall not interfere with the legal rights of 
any person or persons whatever. 

[Approved by the Governor, April 14, 1838.] 



BRIST. & NORF. MINING CO. April 14, 1838. 405 



CHAP. CXV. 

An Act to change the name of " The Proprietors of 
the New South Meeting-house in Salem." 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The religious society incorporated by an act, 
passed March fifteenth, in the year one thousand 
eight hundred and five, by the name of " the Propri- 
etors of the New South Meeting-house in Salem," 
are allowed to take the name of " the Proprietors of 
the South Church in Salem." 

[Approved by the Governor, April 14, 1838.] 



CHAP. CXVI. 

An Act to incorporate the Bristol and Norfolk Min- 
ing Company. 

j3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Lucus Daggett, David Shepard, and Persons incorpo- 
John Fuller, their associates and successors, are 
hereby made a corporation, by the name of the 
Bristol and Norfolk Mining Company, for the pur- Purposes of 

^ ,. . - . . 1 ,• , incorporaUon. 

pose or digging tor, raising and vending coals, met- 
als and other minerals, and carrying on the different 
branches of the mining business, in the counties of 
Bristol and Norfolk ; and for these purposes shall 
have all the powers and privileges, and be subject to 
all the duties, restrictions and liabilities, set forth in 
52 



406 



Estate. 



GREENF'D & BERNARDSTON. April 14, '38. 

the thirty-eighth and forty-fourth chapters of the 
Revised Statutes. 

Sec. 2. The said corporation may hold, for the 
purposes aforesaid, real estate to the amount of one 
hundred thousand dollars; and the whole capital 
stock shall not exceed the amount of two hundred 
thousand dollars. 

[Approved by the Governor, April 14, 1838.] 



Boundary lines 
described. 



CHAP. CXVII. 

An Act to annex a part of the town of Greenfield 
to the town of Bernardston. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows: 

The tract of land which is included within the fol- 
lowing bounds, viz. — beginning at the northeast corner 
of the town of Greenfield, being the centre of Fall 
River in the south line of Bernardston ; thence 
westerly by said south line of Bernardston, fifty-four 
rods to the west side of the county road ; thence 
southerly by the west side of the road aforesaid, 
eighteen rods to a stake and stones ; thence easter- 
ly by a line parallel with the south line of Bernardston 
to the centre of Fall River ; thence by the centre of 
said river to the place of beginning, — is hereby an- 
nexed to, and made part of the town of Bernard- 
ston. 

[Approved by the Governor, April 14, 1838.] 



BOSTON WHARF CO. April 14, 1838. 407 



CHAP, cxvin. 

An Act in addition to an Act to establish the Boston 
Wharf Company. 

13 E it enacted by the Senate and House of Rep- 
resentatives^ in General Court assembled, and by the 
authority of the same, as follows: 

Sec. 1. The corporate property of the Boston Corporate prop- 
Wharf Company shall be, and the same hereby is "^^"^^ 
reduced to the sum of three hundred and sixty thou- 
sand dollars; and the same shall be divided into Numberof 
three thousand six hundred shares, of one hundred dol- 
lars each ; and said shares may, from time to time, be Limitation of 

amount to which 

assessed to an amount, which, together with all as- shares may be 

~ assessed. 

sessments heretofore made on the corporate proper- 
ty of said company, shall not exceed the sum of one 
hundred dollars on each share ; and the said assess- 
ments shall be collected in the manner provided for 
collecting assessments under the act to which this is 
in addition. 

Sec. 2. Nothing contained in this act shall be Not to be ex- 

^ J ^ rr ^ • I • • I • empted from ex- 

construed to ariect m any manner the existnig lia- isting Habiiuies. 
bilities of the said company or the members thereof. 

[Approved by the Governor, April 14, 1838.] 



408 PROTEST. EPISC. CHURCH. April 14, 1838. 

CHAP. CXIX. 

An Act to incorporate the Wardens, Vestry and 
Proprietors of the Protestant Episcopal Church 
in Lynn. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

faUd!'" '°'°'^°' Sec. 1. Edward S. Davis, John Bowler, and 
Alonzo Lewis, their associates and successors, are 
incorporated by the name of the Wardens, Vestry 
and Proprietors of Christ Church in Lynn, with all 
the powers and privileges, and subject to all the du- 
ties, restrictions and liabilities, set forth in the twen- 
tieth chapter of the Revised Statutes, relating to 
parishes and the support of public worship. 

Estate. Sec. 2. Said society may hold real and personal 

property, to an amount not exceeding ten thousand 
dollars, exclusive of their meeting-house ; the in- 
come of which shall be exclusively appropriated to 
parochial purposes. 

May assess pews. Sec. 3. Said socicty may assess the pews in 
their meeting-house for the payment of all necessary 
parochial charges. 

[Approved by the Governor, April 14, 1838.] 



WRITS, &c. April 14, 1838. 409 

CHAP. CXX. 

An Act to annex part of Conway to Buckland. 

JBE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. All that part of the town of Conway, in Boundary lines 
the county of Franklin, which lies within the follow- 
ing bounds, viz. — beginning at a stone monument, 
on the bank of Deerfield river, being the northwest 
corner of Conway ; thence south, fourteen degrees 
west, three hundred and ninety rods, to a stake ; 
thence east, one degree north, to Deerfield river ; 
thence on said river, to the place of beginning, — is 
hereby annexed to and made part of the town of 
Buckland, in said county of Franklin. 

Sec. 2. This act shall take effect from and 
after its passage. 

[Approved by the Governor, April 14, 1838.] 



CHAP. CXXI. 
An Act concerning Writs and absent Defendants. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. All writs issued by any justice of the Writs issued by 

, ,, , -^ . justice of peace 

peace, may be directed to any proper omcer in any may be directed 
county or this Commonwealth, tor the purpose or county. 
causing an attachment of property to be made there- 
in : provided, that the expense of serving such writ Proviso. 
over and above the sum of one dollar and fifty cents 



410 MUTUAL F. INS. CO. SALEM. April 17, 1838. 

shall not be chargeable to, nor taxed against the de- 
fendant. 
How notice of Sec. 2. Wliencver an attachment of property 

suit may be ffiv- 

en, when defend- shall be Hiadc on any writ, returnable before a jus- 
tice of the peace, and the defendant shall be without 
the Commonwealth, so that no service thereof can 
be made on him, and he has no agent or attorney re- 
siding in the Commonwealth, the justice of the 
peace, before whom the same is returned, may cause 
notice of said suit to be given to him in such man- 
Execution may ner as he shall deem proper : and upon proof of such 

issue condition- _ ^ ... . 

a"y- notice having been given, if the defendant fail to ap- 

pear on the return day of such notice, he may enter 
judgment, and issue execution for the plaintiff: pro- 
vided, that the plaintiff shall give bond, with suffi- 
cient surety, in double the sum for which execution 
shall be issued, to pay to the defendant the said debt 
and costs, if, within one year from the rendition of 
said judgment, the said judgment shall be reversed. 

[Approved by the Governor, April 14, 1838.] 



CHAP. CXXII. 

An Act to incorporate the Mutual Fire Insurance 
Company in Salem. 

BF it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Persons incorpo- Isaac P. Fostcr, Ebenczcr Dodge, and John Nor- 
ris, their associates and successors, are hereby made 
a corporation, by the name of the Mutual Fire In- 
surance Company in Salem, in the county of Essex, 
for the term of twenty-eight years, for the purpose 



CLAM BAIT. April 17, 1838. 411 

of insuring buildings, stock in trade, and all other 
kinds of personal property ; with all the powers and 
privileges, and subject to all the duties, restrictions 
and liabilities, set forth in the thirty-seventh and 
forty-fourth chapters of the Revised Statutes. 

[Approved by the Governor, April 17, 1838,] 



CHAP. CXXIII. 

An Act concerning the Police of Boston. 

He it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The mayor and aldermen of Boston may, from Mayor and aider- 

^ •' _ ^ ^ men may appomt 

time to time, appoint such police officers for said police officers. 
city, as they may judge necessary, with all or any of 
the powers of the constables of said city, except the 
power of serving and executing any civil process ; 
and the said police officers shall hold their offices 
during the pleasure of the said mayor and aldermen. 

[Approved by the Governor, April 17, 1838.] 

CHAP. CXXIV. 

An Act to regulate the Inspection of Clam Bait. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The inspector general of pickled fish in inspeciors. 
this Commonwealth, and his deputies, shall be in- 
spectors of clam bait. 

Sec. 2. Said inspector general, and his deputies Duties of inspec- 



412 



CLAM BAIT. 



April 17, 1838. 



Barrels to be 
branded. 



respectively, shall see that all clam bait presented to 
them for inspection has been well cleansed and 
struck with salt or pickle in the first instance, and 
preserved sweet, free from taint or damage ; and 
such clam bait as shall be found in good order and 
of good quality shall be packed in good merchanta- 
ble barrels, containing not less than twenty-eight, 
nor more than thirty gallons each, with two hundred 
and thirty pounds of clams in each barrel, with a 
suitable quantity of salt to preserve the same. 

Sec. 3. The inspector general or his deputies 
shall brand each barrel of clam bait inspected by 
them respectively, agreeably to the provisions of the 
seventy-fifth section of the twenty-eighth chapter of 
the Revised Statutes, with the addition of the month 
in which said bait is inspected. 
Prohibition Sec. 4. If any person shall sell or offer for sale 

against offering' , ,..,.,.>--, , , , 

for sale, bait not any clam bait witnm this Commonwealth, not hav- 
ing been inspected and branded agreeably to the 

Penalty. provisious of this act, he shall forfeit ten dollars for 

every barrel so sold, or offered for sale ; provided, 
hoivever, that the forfeiture contained in this section 
shall not apply to cases where the parties agree for 
the sale of uninspected bait, or where the offer to 
sell is of such bait. 

Sec. 5. The fees for inspecting clam bait shall 
be the same as are provided in the eighteenth sec- 
tion of the twenty-eighth chapter of the Revised 
Statutes, and shall be collected and paid in the same 
manner ; and said inspectors shall not be held respon- 
sible for any clam bait that they may have inspected 
after the expiration of six months from the time of 
inspecting the same. 



Fees for inspect- 
ing. 



[Approved by the Governor, April 17, 1838.] 



NASHUA & LOWELL R. R. April 17, 1838. 4,13 



CHAP. CXXV. 

An Act to aid iii the construction of the Nashua and 
Lowell Rail-road. 

JBE 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 treasurer of this Commonwealth is Scrip to be 

issued. 

hereby authorized and directed to issue scrip, or 
certificates of debt, in the name and behalf of the 
Commonwealth, for the sum of fifty thousand dol- 
lars, bearing an interest of five per cent, per annum, 
payable semi-annually at the office of said treasurer, 
and redeemable at the same place, at the expiration 
of seven years from the first day of April next ; 
which scrip or certificates shall be deemed a pledge 
of the faith and credit of the Commonwealth for the 
redemption thereof; and the said treasurer shall de- 
liver said scrip, or certificates of debt, to the treas- 
urer of the Nashua and Lowell Rail-road Corporation, 
created by an act of the Legislature, passed April 
sixteenth, eighteen hundred and thirty-six, for the 
purpose of enabling said corporation to complete 
their rail-road, at such times, and under such condi- 
tions, as are herein after provided. 

Sec. 2. When said corporation shall have paid when and on 

1 1 1 • I • /•■••■ what conditions. 

in and expended, in the construction of their rail- 
road, or for the necessary lands, privileges and ap- 
purtenances thereof, the sum of sixty thousand dol- 
lars, the treasurer of the Commonwealth shall deliver 
to the treasurer of said corporation, scrip or certifi- 
cates of debt to the amount of twenty thousand 
dollars, issued as aforesaid. And when they shall 
have completed the grading of their road, from its 
53 



414 NASHUA & LOWELL R. R. April 17, 1838- 

junction with the Boston and Lowell rail-road to 
the line of the state of New Hampshire, the treasurer 
of the Commonwealth shall deliver to the treasurer 
of said corporation, scrip or certificates, issued as 
aforesaid, to the amount of the further sum of thirty 

Proviso thousand dollars: provided, that, before any such scrip 

or certificates shall be delivered to the treasurer of 
said corporation, as aforesaid, said corporation shall 
furnish evidence, satisfactory to the Governor and 
Council, that said expenditures have been made, 
and said labors performed, as aforesaid. 

Act, when to Sec. 3. This act shall not take effect, until said 

corporation, at a meeting of the stockholders, duly 
notified for that purpose, shall have assented to all 

Bond to be given the provisioHS of the same, and shall have executed 
to the Commonwealth a bond, in such form as the 
attorney general shall prescribe, conditioned that 
said corporation shall indemnify and save harmless 
the Commonwealth from all liability on account of 
said scrip or certificates, and shall pay all interest 
thereon punctually, as the same shall fall due, at the 
office of the treasurer of the Commonwealth, until 
the principal sum, or sums thereof, shall be paid by 
said corporation ; and shall pay, at the office of said 
treasurer of the Commonwealth, the principal sum 
or sums aforesaid one year before the same shall 
become redeemable by the Commonwealth ; and 

Corporation to shall also couvcy, by a suitable instrument, to be 

convey rail-road, ■, r i i i i- • c \ 

&c. to Common- prepared lor that purpose, under the du'ection or the 

wealth for se- ' ' i i • • i j • • 

curity. attorney general, their entire road and its income, 

and all the property and franchise to them belonging, 
free from all prior mortgage or incumbrance, as a 
pledge or mortgage to secure the performance of 

To transfer all the Conditions of said bond. And shall also 

shares as further i • /--i i i /• i i i i 

security. traiisier to this Commonwealth nve hundred shares 



DIVORCE. JjonZ 17, 1838. 415 

of the capital stock of said corporation, to he held 
by the treasurer of the Commonwealth, as further 
security for the performance of the conditions of said 
bond, and to be sold by the treasurer aforesaid, at 
the pleasure of the Legislature, upon the failure of 
the said corporation to pay the interest of the said 
scrip, or certificates of debt, or the principal thereof, 
as aforesaid. 

[Approved by the Governor, April 17, 1838.] 



CHAP. CXXVI. 

An Act relating to Divorce. 

1>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. A divorce from the bond of matrimony when divorce 

, , ^ • r r • I i i ""'^y ^^ decreed. 

may be decreed jn ravor or either party, whom the 
other shall have wilfully and utterly deserted for the 
term of five years consecutively, and without the 
consent of the party deserted. 

Sec. 2. When a divorce is decreed for the cause Proceedings re- 
of desertion by the husband as aforesaid, the same aEKfe."*^ 
proceedings shall be had, touching the estate of the 
wife or the alimony to be allowed her, as in the case 
of divorce on account of the husband's beins; sen- 
tenced to confinement to hard labor, or from bed 
and board. 

[Approved by the Governor, April 17, 1838.] 



416 B. FISKE'S WHARF. , April 17, 1838. 



CHAP, cxxvn. 

An Act authorizing Timothy Bourne to extend his 
Wharf in Wood's Hole Harbor. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Tin)othj Bourne is hereby authorized to extend 
his wharf in Little Harbor at Wood's Hole in Fal- 
mouth, twenty feet in width and fifty feet in length, 
into the harbor of Wood's Hole : provided, that such 
extension shall not impair the legal rights of any 
person. 

[Approved by the Governor, April 17, 1838.] 



CHAP. CXXVIII. 

An Act authorizing Benjamin Fiske to extend his 

Wharf. 

XjE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Location describ- Benjamin Fiske, proprietor of a certain wharf in 
the northerly part of Boston, fronting on Com- 
mercial street, and lying between the town slip or 
Foster street and the wharf and dock of Isaac Har- 
ris ; the line between the wharf and dock of said 
Fiske and Harris having been agreed upon by 
said parties, and their agreement bearing date the 
twenty-second day of March, one thousand eight 
hundred and thirty-eight, recorded with Suffolk 
deeds, as surveyed by S. P. Fuller, — is hereby au- 



H. GARDNER'S WHARF. April 17, 1838. 417 

thorized to extend and maintain his wharf into the May be extended 

to line established 

harbor channel, as far as the hne estabhshed by byact, &c. 
an act, entitled an act to preserve the Harbor of 
Boston, and to prevent encroachments therein, passed 
on the nineteenth dav of April, in the year one thou- 
sand eight hundred and thirty-seven; and he shall have 
the right and privilege of laying vessels at the sides 
and end of his said wharf, and of receiving dock- 
age and wharfage therefor: provided, that so much wharf so exten- 

° _ ° Z' \ J ded to be built 

of said wharf as shall be built by virtue of this act onp'ies. 
shall be built on piles, and that this grant shall in no- Restrictions. 
wise interfere with the legal rights of any person 
or persons whatever ; and that nothing herein con- 
tained shall be construed to give to, or vest in 
the said Fiske, his heirs or assigns, any right to con- 
struct any wharf or other erection, to lay vessels 
over the said line, agreed upon between him and the 
said Harris, or in anywise to use the flats lying 
southeasterly of said line. 

[Approved by the Governor, April 17, 1838.] 



CHAP. CXXIX. 

An Act authorizing Henry Gardner to extend his 
Wharf in Swansey. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Henry Gardner is hereby authorized to extend 
his wharf, situated on Lee's river in Swansey, in an 
easterly direction thirty feet : provided, such exten- 
sion shall not infringe the legal rights of other per- 
sons. 

[Approved by the Governor, April 17, 1838.] 



418 



FIREMEN'S INS. CO. 



Jpril 17, 1838. 



&c 



CHAP. CXXX. 

An Act in addition to an Act to incorporate the 
Firemen's Insurance Company, in the city of Bos- 
ton. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Auihorizedto Sec. 1. The aforcsaid Fifemeii's Insurance Com- 

make maritime ., . rr» i i ^I'J^ 

Joans, insurance, panj, iH the citj of Boston, are hereby authorized to 
make maritime loans and insurance against maritime 
losses, upon vessels, freight, money, goods and ef- 
fects ; and against captivity of persons ; and on the 
life of any person, during his absence at sea ; and 
upon money lent upon bottomry and respondentia; 
and they may also make insurance against fire on any 
dwelling-houses and other buildings, and on mer- 
ciiandize and other property within the United 
States ; with all the powers and privileges, and sub- 
ject to all the duties, restrictions and liabilities, con- 
tained in the thirty-seventh and forty-fourth chap- 
ters of the Revised Statutes, until the tenth day of 
June, one thousand eight hundred and fifty-one. 

Sec. 2. The said corporation shall have power to 
purchase, take, hold and convey real estate within 
this Commonwenlth, for the use of the said compa- 
ny : provided, that they shall not hold real estate 
exceeding the value of one hundred thousand dollars, 
excepting such as may be taken for debt by said 
company, or held as collateral security for debts due 
to them. 

Sec. 3. So much of the first and fifth sections of 
the act of incorporation of said company, passed on 
the tenth day of June, one thousand eight hundred 



Estate. 



Proviso. 



Part of former 
act repealed. 



CHARITABLE FIRE ASSOCI. 4?n7 17, 1838. 419 

and thirty-one, as are inconsistent with the provis- 
ions of the foregoing sections, and also so much of 
the eighth section of said act, as provides that it shall 
be the duty of the directors of said corporation " an- 
nually to set aside one tenth part of the net income 
over and above six per centum, to be appropriated to 
the use and benefit of the Boston Fire Department, 
in such manner as they shall see fit," are hereby re- 
pealed : provided, that nothing herein contained shall Proviso. 
be construed to impair the legal rights of any person. 

[Approved by the Governor, April 17, 1838.] 



CHAP. CXXXI. 

An Act in addition to an Act to incorporate the 
Charitable Association of the Boston Fire De- 
partment. 

ijE 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. Every member of the Boston Fire De- Persons who may 

•^ ^ become mem- 

partment shall, at all times hereafter, have a right to ^^rs. 
be admitted a member of the " Charitable Associa- 
tion of the Boston Fire Department ;" also all the 
members of the Veteran Association of the Boston 
Fire Department, who shall have been, for the term 
of seven successive years, members of said fire de- 
partment, shall have the right of becoming members 
of the said "Charitable Association,'' by producing on what terms. 
to the secretary of the association sufficient evidence 
of membership, subscribing the constitution of the 
association, and paying to the treasurer such sum, 
not exceeding one dollar, as the association shall. 



420 CHARITABLE FIRE ASSOCI. Jpril 17, 1838. 

from time to time, direct ; which payment shall be 
in full for the annual contribution of the current 
year. 

Treasurer to in- Sec. 2. The trcasurer of said association is 

vest funds ,, ^ • ^ i -ir • i 

hereby authorized and required, alter paying the 
debts of the association, to invest with the Massachu- 
setts Hospital Life Insurance Company, for a term 
not exceeding thirty years, the residue of the availa- 
ble funds of the association, not exceeding the sum 
Income of invest- of thrcc thousand dollars ,* and the income thereof 

ment, how to be 

applied. shall be applied, by the trustees of said association, 

for the time being, at their discretion, to the relief 
or assistance of any member of the association, or his 
family, or of any past member, who has belonged to 
said fire department for five years, and has been hon- 
orably discharged therefrom ; and any cause of dis- 
tress, in these cases, shall be considered as entitled 
to the attention of the board of trustees. 

Treasurer may Sec.3. The associatiou shall have the right to 

add donations to,, i r ^ -tir-'i -i • r 

the fund. add to the fund provided tor in the second section or 

this act, all such donations as may be given for that 
purpose, and to place at the disposal of the trustees, 
to be appropriated to the purposes contemplated by 
said second section, such further sums as they may 
from time to time see fit, not to exceed one tenth 
part of the whole annual income of the association. 
Provisions in Sec. 4. All provisious contained in the act to in- 

s?s'tem whh't'hi"" corporate the Charitable Association of the Boston 
repeae . p.^^ Department, passed February thirteenth, in the 

year one thousand eight hundred and thirty, to which 
this act is in addition, inconsistent with the fore- 
going provisions, are hereby repealed. 

Sec. 5. This act shall take effect from and after 
its passage. 

[Approved by the Governor, April 17, 1838.] 



BRIDGE IN GLOUCESTER. April 17, 1838. 421 

CHAP. CXXXII. 

An Act to incorporate the New England Academy. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Nahum Capen, Samuel G. Howe, and Persons iucorpo- 

. . , rated. 

John D. Fisher, their associates and successors, are 
hereby made a corporation, by the name of the New 
England Academy, to be established in Cohasset, in 
the county of Norfolk ; with all the powers and 
privileges, and subject to all the duties, restrictions 
and liabilities, set forth in the forty-fourth chapter of 
the Revised Statutes. 

Sec. 2. The corporation may hold real and per- Estate. 
sonal estate to the amount of one hundred thousand 
dollars, to be devoted exclusively to purposes of ed- 
ucation. 

[Approved by the Governor, April 17, 1838.] 

CHAP. CXXXIII. 

An Act in addition to an Act authorizing the 
County Commissioners for the county of Essex to 
lay out a Road and construct a Bridge across Little 
River, in the town of Gloucester. 

JBE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The county commissioners for the county of Essex 
are hereby empowered to lay out a road and con- 
struct a bridge, with or without a draw for the pass- 
54 



422 



Location of 
bridge. 



Proviso, 



NORTH PAR. IN HARWICH. April 17, 1838. 

age of vessels, as thej shall judge to be most for the 
public good, across Little river, in the town of Glou- 
cester; commencing at the old highway, leading 
from Gloucester to Essex, as now travelled on the 
southeasterly side of said Little river, and termina- 
ting on the northwesterly side of the same, near the 
dwelling-house of Peter R. Dennen : provided, that 
in laying out and constructing said road and bridge, 
said commissioners shall, in all respects, proceed as 
is now provided by law for laying out and construct- 
ing highways. 

[Approved by the Governor, April 17, 1838.] 



CHAP. CXXXIV. 

An Act to change the Name of the North Parish in 
Harwich. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The North Parish in Harwich, in the county of 
Barnstable, may take the name of the First Parish 
in Brewster. 



[Approved by the Governor, April 17, 1838.] 



N. CHELMSFORD M. HOUSE. April 17, 1838. 423 



CHAP. CXXXV. 

Aq Act to incorporate the Proprietors of the North 
Chelmsford Meeting-house. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Lincoln Drake, Charles Blood, and Persons incorpo- 
Harvey Silver, their associates and successors, are 
hereby made a corporation, by the name of the Pro- 
prietors of the North Chelmsford Meeting-house ; 
with all the powers and privileges, and subject to all 
the duties, restrictions and liabilities, set forth in the 
forty-fourth chapter of the Revised Statutes, and so 
much of the twentieth chapter of said statutes as 
relates to the proprietors of churches and meeting- 
houses. 

Sec. 2. Said corporation may hold personal and Estate. 
real estate to an amount not exceeding twenty thou- 
sand dollars ; provided, that the annual income 
thereof be applied exclusively to parochial purposes ; 
and may tax the pews in their meeting-house, for May assess pews. 
the support of public worship. 

[Approved by the Governor, April 17, 1838.] 



424 CENTRAL UNIVER. SOC. April 17, 1838. 



CHAP. CXXXVI. 

An Act to empower Allen Coffin and his associates 
to maintain their Wharf, in Edgartown. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Allen Coffin and his associates, proprietors of the 
Town Wharf, so called, in Edgartown, are hereby 
empowered to maintain said wharf, in the harbor of 
Proviso. Edgartown : provided, that nothing herein contained 

shall be construed to impair the legal rights of any 
person. 

[Approved by the Governor, April 17, 1838.] 



CHAP. CXXXVII. 

An Act to change the Name of the Central Univer- 
salist Society. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The Central Universalist Society in Boston, in- 
corporated January twenty-first, one thousand eight 
hundred and twenty-three, shall take the name of 
the Bulfinch Street Society, whenever said society, 
at a legal meeting called for that purpose, shall so 
elect. 

[Approved by the Governor, April 17, 1838.] 



JURISDIC. CEDED TO U. S. April 17, 1838. 425 



CHAP. CXXXVIII. 

An Act to cede to the United States Jurisdiction 
over certain tracts of land. 

XjE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Jurisdiction over the following tracts of land, pur- Lands described. 
chased by the United States of America, for the 
purpose of erecting light-houses, viz. at a place 
called Nid's point, at Rochester, in the county of 
Plymouth, at Nantucket, in the county of Nantucket, 
and at Cape Poge, in Dukes county, in this Com- 
monwealth, is hereby granted to the United States 
of America, for the sole purpose of erecting light- 
houses on the same : provided, that concurrent juris- Proviso. 
diction with the United States shall be retained by this 
Commonwealth in and over said land, so far that all 
civil and criminal processes issued under the authority 
of this Commonwealth, or any oflScer thereof, may be 
executed on any part of said land, or in any building 
which may be erected thereon, in the same way and 
manner as if jurisdiction had not been granted as 
aforesaid : and provided, also, that all persons who Additional pro- 
shall dwell upon said tracts of land shall be deemed 
and taken to be inhabitants of the towns respective- 
ly in which said tracts of land are situated, and shall 
there perform the same duties, and have and enjoy the 
same privileges, as other inhabitants of said towns, 
saving that the keepers of said light-houses shall not Keepers of light- 

. , . , , . f, ... houses exempted 

be liable to serve as jurors, or to periorm military from certain du- 
duty. 

[Approved by the Governor, April 17, 1838.] 



426 TOWN OF ERVING. April 17, 1838. 

CHAP. CXXXIX. 
An Act to incorporate the Town of Erving. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Boundaries Sec. 1. AH that Unincorporated tract of land in 

the countj of Franklin, called Erving's Grant, 
bounded on the north by the town of Northfield, on 
the east by the towns of Warwick and Orange, on 
the south by Miller's river, which separates it from 
the towns of New Salem, Wendell and Montague, 
and on the west in part by Miller's river, which sep- 
arates it from Montague, and in part by Connecticut 
river, which separates it from the town of Gill, — is 
hereby incorporated into a town, by the name of 
Erving, and as such shall have all the powers and 
privileges, and be subject to all the duties and liabil- 
ities of such corporations. 

Persons now res- Sec. 2. No pcrsou, uow Tcsidiiig upon the Said 

ident not to be . r t^ - i r^ i i i i i 

charged as pau- plantation 01 Ervmg s Grant, who has a legal settie- 

pers until, &c. ' • /-^ 

ment in any town in this Commonwealth, shall have 
his settlement changed by force of this act, or be 
chargeable as a pauper to the town of Erving, until 
he shall gain a settlement therein, in the manner 
provided by law. 
Meeting of inhab- Sec. 3. Any justicc of the peace for the county 

itants, how to be _ t i • • i , ■ . i . . • 

called. or t rankliu is hereby authorized to issue his warrant, 

directed to any freeholder of said town of Erving, 
requiring him to warn the inhabitants thereof, to 
meet at the time and place therein appointed, for 
the purpose of choosing all such town officers as 
towns are by law authorized and required to choose 
at their annual meetings. 

[Approved by the Governor, April 17, 1838.] 



SOUTH PARISH IN DENNIS. April 17, 1838. 427 

CHAP. CXL. 

An Act to repeal the Charter of the Kilby Bank. 

JjE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. An act entitled "an act to incorporate 
the President, Directors, and Compajiy of the Kilby 
Bank," passed on the fifteenth day of April, in the year 
one thousand eight hundred and thirty-six, is hereby 
repealed : provided, that nothing in this act contained Corporation not 

1 1 1 I 1 1 II I -1 ""eleased from 

shall be so construed as to release or absolve the said liabilities. 
corporation, or any director or stockholder thereof, 
from any liability created by any provision of the 
act hereby repealed. 

Sec. 2. This act shall take effect from and after 
its passage. 

[Approved by the Governor, April 17, 1838.] 

CHAP. CXLI. 

An Act to authorize the South Parish in Dennis to 
tax Pews. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The South Parish in Dennis is hereby Assessments to 

•' be made, accord- 

authorized to assess upon the pews in their meeting:- '"g to valuation 

* * ^ " established. 

house, according to the value of said pews, which 
has been established by appraisement made by a 
committee appointed for that purpose, such sums of 
money as shall hereafter be voted to be raised by 



428 



How to be col- 
lected. 



Valuation may 
be varied. 



BENEVO. SOC. IN TRURO. April 17, 1838. 

said parish for the support of public worship and 
other parochial charges ; and all such assessments 
may be collected in the manner provided by the 
thirty-second, thirty-third and thirty-fourth sections 
of the twentieth chapter of the Revised Statutes. 

Sec. 2. The valuation of pews may be varied, 
from year to year, by a committee appointed by the 
pew-holders, whenever said pew-holders, at a legal 
meeting, holden for that purpose, shall elect such 
committee. 

[Approved by the Governor, April 17, 1838.] 



CHAP. CXLII. 

An Act to incorporate the Benevolent Society in 

Truro. 



Persons iocorpo* 
rated. 



Estate. 



Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1 . David Lombard and Nathaniel J. Knight, 
their associates and successors, are hereby made a 
corporation, by the name of the Benevolent Society 
in Truro, with all the powers and privileges, and 
subject to all the duties, restrictions and liabilities, 
set forth in the forty-fourth chapter of the Revised 
Statutes. 

Sec. 2. Said corporation may hold real and per- 
sonal estate, not exceeding in amount the sum of ten 
thousand dollars, to be devoted exclusively to chari- 
table purposes. 

[Approved by the Governor, April 17, 1838.] 



EXECUTORS & ADMINIS'RS. April 17, 1838. 429 



CHAP. CXLIII. 

An Act for the protection of Camp Meetings against 
disturbance. 

13 K it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Any person, who, durinjj the time of holding any Persons prohibu- 

r , J . .. ^ ,. . . ,, ed from offering 

camp or field meeting lor religious purposes, shall, forsaie, &c. 
within one mile of the place of holding such meeting, 
hawk or peddle any goods, wares, merchandize or 
drinks, or practise or engage in any gaming or horse- 
racing, or exhibit, or offer to exhibit, any shows or 
plays, — shall forfeit for each offence a sum not ex- Penalty 
ceeding twenty dollars, to be recovered on complaint 
made to any justice of the peace of the county in 
which the offence is committed ; provided, however, Proviso. 
that this act shall not be construed to require any 
person having his regular and usual place of business 
within the limits aforesaid to suspend such business. 

[Approved by the Governor, April 17, 1838.] 



CHAP. CXLIV. 

An Act relating to the Compensation of Executors 
and Administrators. 

j>E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Executors and administrators shall be Executors, &c. 
allowed the amount of their reasonable expenses expenses. 
incurred in the execution of their trusts respectively, 
55 



430 ALLOWANCE TO WIDOWS. April 17, 1838. 

and shall also have such compensation for their ser- 
vices as the court in which their accounts are settled 
shall in each case consider to be just and reasonable. 
Sec. 2. The eighth section of the sixty-seventh 
chapter of the Revised Statutes is hereby repealed. 

[Approved by the Governor, April 17, 1838.] 



CHAP. CXLV. 

An Act for an allowance to Widows of Deceased 
Persons for necessaries. 

Be it enacted by the Senate and House of Rep- 
resentatives^ in General Court assembled, and by the 
authority of the same, as follows : 
Articles to be Sec. 1. The articles of apparel or ornament of 

considered as be- ir • i-ii/- 

longing to wid- the widow, and the apparel of any minor child of any 

ow, &c. 

deceased person shall be considered, in the settle- 
ment of the estate of such deceased person, as 
exclusively belonging to such widow and child re- 
spectively. 

Sec. 2. Such part of the personal estate of any 
person deceased as the judge of probate, having due 
regard to all the circumstances of the case, may see 
fit to allow for necessaries to his widow, for the use 
of herself and family under her care, if any, and also 
such provisions and other articles as shall be neces- 
sary for the reasonable sustenance of the family of 
any person deceased for forty days after his death, 
shall not be deemed and taken as assets to be applied 
to the payment of debts, legacies, or charges of ad- 
ministration ; but the same shall be allowed in the 
account of administration in discharge of so much of 
the inventory of the estate, when the same is con- 
tained therein, although it should thereby become 



Whart part of 
personal estate 
to be allowed. 



FIRST PARISH IN BRIGHTON. April 18, '38. 431 

necessary to sell real estate for the payment of debts, 
legacies, or charges of administration, and although 
the estate maj be insolvent. 

Sec. 3. The fourth, fifth and sixth sections of 
the sixtj-fifth chapter, and the twenty-sixth section 
of the sixty-eighth chapter of the Revised Statutes 
are hereby repealed. 

[Approved by the Governor, April 17, 1838.] 



CHAP. CXLVI. 

An Act to authorize the First Parish in Brighton to 
tax the pews in their meeting-house. 

OE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The First Parish or Congregational Society in May assess ac- 

B. ■•II I • 1 I cording' to valua- 

rignton is hereby authorized to assess upon the Hon to be agreed 

pews in their meeting-house, according to a valua- ^°"' 

lion of said pews which shall first be agreed upon 

by said parish, and recorded, any sum or sums of 

money, which shall hereafter be voted to be raised 

by said parish for the support of public worship, and 

for the repairs of their meeting-house ; and all such Assessments, 

, , , I • I • 1 1 how to be col- 

assessments may be collected in the manner provided lected. 
by the thirty-second, thirty-third and thirty-fourth 
sections of the twentieth chapter of the Revised 
Statutes. 

[Approved by the Governor, April 18, 1838.] 



432 COURTS IN SUFFOLK. April 18, 1838. 



CHAP. CXLVII. 

An Act concerning Police Courts and the Justices' 
Court in the county of Suffolk. 

oE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Police court of Sec. 1. The policc couFt in the city of Boston 

Boston may issue ,111 . i i 

summons, &c. shall havc power to issue summons and other process 
to procure the attendance of witnesses in the trial 
and examination of criminal cases to run into any 
county, to be served by the sheriff of the county of 
Suffolk or of any other county, or either of their 
deputies, or any constable of the town in which any 
witness may be. 

Justices of other Sec. 2. The justicc of Huy police court, except 

police courts may 1 1 . • \ • r tt 

appoint clerks, the policc court lu the City or boston, may appoint 
a clerk of such court, to be paid by himself, and for 
whose official acts and doings the said justice shall 

Powers of clerk, be lespousible ; said clerk shall be sworn to the 
faithful discharge of his duty, and shall hold his 
office during the pleasure of said justice, and shall 
have all the powers conferred by law upon the clerk 
of the police court of the city of Boston. 

Respecting sum- Sec. 3. When, by a trustee writ, returnable be- 

^onsto trustees, ^^^^ ^^^ justices' court of the county of Suffolk, any 
person is to be summoned as a trustee, who is liable 
to be charged as such, and the defendant resides 
within this Commonwealth, but in a county other 
than that of the trustee, said writ may run into any 
county, and shall be served on the defendant four- 
teen days at least before its return day. 

[Approved by the Governor, April 18, 1838.] 



MILK ROW BLEACHERY CO. April 18, 1838. 433 

CHAP. CXLVIII. 
An Act concerning the Harvard Ministerial Fund. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The inhabitants of the town of Harvard are here- inhabitants of 

, , . ■, r ^ I Harvard author- 

by authorized to transfer and pay over unto the ized to transfer. 

deacons of the church of the First Parish in said 
town, any sum or sums of money now held by said 
town in trust as a ministerial fund for the benefit of 
said parish, to be held by said deacons and their 
successors in office, in trust, for the same purposes 
for which the said town have heretofore held the 
same, and the said town shall thereupon be dis- 
charged from any further execution of said trust. 

[Approved by the Governor, April 18, 1838.] 

CHAP. CXLIX. 

An Act to incorporate the Milk Row Bleachery 
Company. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Thomas Darlino;, John Hartshorn and Persons incorpo- 

. ° , rated. 

Charles Mclntier, and their associates and succes- 
sors, are hereby made a corporation, by the name of 
the Milk Row Bleachery Company, for the purpose 
of carrying on the business of bleaching, callender- 
ing, printing, dyeing and finishing silk, cotton and 
linen goods, in the town of Charlestown, in the 



434 UNION OF MINING GO'S. April 18, 1838. 

countj of Middlesex ; and for these purposes shall 
have all the powers and privileges, and be subject to 
all the duties, liabilities and restrictions, set forth in 
the thirty-eighth and forty-fourth chapters of the 
Revised Statutes. 
Estate. Sec. 2. The said corporation may hold, for the 

purposes aforesaid, real estate to the amount of 
twenty thousand dollars ; and the whole capital of 
the corporation shall not exceed the sum of fifty 
thousand dollars. 

[Approved by the Governor, April 18, 1838.] 



CHAP. CL. 

An Act to unite the Mansfield Mining Company, 
V the Massachusetts Mining Company, and the 

Mansfield Coal Company. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows: 
Estate, how to be Sec. 1. The Massachusetts Mining Company, 

conveyed. i <^ i /-i 

and the Mansfield Coal Company are hereby au- 
thorized and empowered to sell and convey all their 
respective estates, real, personal, and mixed, of what 
kind soever, by a major vote of said companies re- 
spectively, to the Mansfield Mining Company, their 
successors and assigns, in the most full and ample 
manner, and in such form as may be agreed on by 
said companies respectively ; and the said Mansfield 
Milling Compatiy may take and hold the same ac- 
cordingly. 

Both companies Sec. 2. From and after the sales and convey- 
to cease the pros- • i • i /- • r t • i 

ecuiion of busi- ances mentioned m the first section oi this act, the 



ness. 



said Massachusetts Mining Company, and the said 



PROVINCE LAlNDS. AprillS, nSS, 435 

Mansfield Coal Company shall cease to be corpora- 
tions for the purpose of prosecuting the business 
contemplated in the acts establishing them; but they shaii exist for the 

11,./., r I r 1 purpose ot clos- 

snail exist tor the term or three years, lor the pur- mg their affairs. 

poses of suing and being sued, and closing up their 

affairs according to law; and the stockholders in Liabilities of 

.J . • I I 1 1 1 r 1 1 Stockholders not 

said companies respectively, shall respond lor all to cease. 
their liabilities in like manner as they would have 
been liable to, if this act had not passed. 

Sec. 3. This act shall be void and of no effect, Act to be void if 

, L I' • 1 • • I "°' assented to 

unless each or said companies respectively, at an byeachcompa- 
annual meeting, or at a special meeting for the pur- 
pose, duly notified, shall have assented to the pro- Time by which 

, ,, I r \ r^ 1 /■ T 1 assent is required. 

visions bereol, on or belore the nrst day or July, 
eighteen hundred and thirty-eight. 

[Approved by the Goveiyior, April 18, 1838.] 



CHAP. CLI. 

An Act for the preservation of the Province Lands 
in the town of Provincetown. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. If any person shall wilfully pull up or 
destroy any beach grass, bushes or pines on the 
province lands in the town of Provincetown, in the 
county of Barnstable, to the injury of public or pri- 
vate property in said town, or to the injury of Prov- 
incetown harbor ; or if any person shall use any of 
said lands for pasturage, without the consent, in 
writing, of a committee of said town, chosen as 
hereinafter mentioned, he shall forfeit and pay the ^^0^0^30°."'°'^" 



436 PROVINCE LANDS. April 18, 1838. 

sum of five dollars for the first offence, and ten dol- 
lars for every subsequent offence, to be recovered 
on a complaint made to any justice of the peace for 
said county of Barnstable. 

Committee to be Sec. 2. The Said towu of Proviucetown shall 
annually elect a committee of three persons, who 
shall be sworn to the faithful discharge of their duty, 

—their duties. anJ ^yho shall prosccutc for the penalties before 
mentioned, and the same when recovered shall be 
for the use of said town ; and said committee may 

May permit en- permit auv of Said province lands now enclosed, or 

closed lands to ^ *' '■ 

be used for pas- which uiav hereafter be enclosed, to be used for 

turage. "^ ... r • i 

pasturage, when, in their opinion, such use of said 
lands would cause no injurious effects to said harbor 
or to any public or private property. 
May set out Sec. 3. The Said towu of Proviucctowu is hcrc- 

pmes, &.C. 

by authorized to enter, by their committee, chosen as 
aforesaid, upon any of the province lands enclosed 
or unenclosed, for the purpose of setting out pines, 
bushes, or grass, whenever they may deem it neces- 
sary, for the preservation of said harbor, or of any 
highway or public or private property. 
Occupants of en- Sec. 4. Whenever, in the opinion of said com- 

closed lands to '■ 

pay expenses of niittce, it shall bccomc necessary, in consequence of 

selling out pmes, ... 

&^c- any violation of the provisions of this act, to set out 

pines or beach grass on any lot of said lands enclos- 
ed, the expense thereof shall be paid by the person 
or persons in the occupancy of the same; and in case 
of refusal by any occupant to pay such expense, it 
may be recovered by said committee in an action for 
money paid in any court proper to try the same. 

Town empower- Sec. 5. The Said towu of Proviucetown is here- 

ed to raise mon- . 

ey for expenses, [yy ettipowcred, anuually, to raise such sum of money 
as may be deemed necessary to defray the expense 
of setting out pines or beach grass on said province 
lands; and any sum of money raised for this purpose 



STATE PRISON. April 18, 1838. 437 

shall be assessed and collected as other taxes now How to be as- 

sessed. 

are. 

Sec. 6. This act shall take eflfect from and after when to take ef- 
its acceptance by a vote of said town of Province- 
town. 

[Approved by the Governor, April 18, 1838.] 



CHAP. CLII. 

An Act concerning the State Prison, and the govern- 
ment and discipline thereof. 

JlJE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. If any officer or other person shall de- No articles to be 

•' • ^ ^ conveyed to or 

liver or procure to be delivered, or shall have in his f™™ convicts 

' contrary to regu- 

or her possession with intent to deliver to any con- lations. 
vict confined in the State Prison, or shall deposit or 
conceal in or about the said prison, or the dependen- 
cies thereof, or in any boat, carriage or other vehicle, 
going into the premises belonging to the said prison, 
any article or thing whatever, with intent that any 
convict confined in the prison should obtain or re- 
ceive the same ; or if any officer or other person shall 
receive from any convict any article or thing what- 
ever, with intent to convey the same out of said 
prison, contrary to the rules and regulations thereof, 
and without the knowledge and permission of the 
warden, or the board of inspectors of the prison, — ev- 
ery such person shall be punished by imprisonment Punishment by 

. I o ¥-» • • I • •! imprisonment or 

m the State Prison, or m the county jail, not more fine. 
than two years, or by a fine not exceeding five hun- 
dred dollars. 

66 



438 



CAMP MEET. GROVE CORP. April 18, 1838. 



Sec. 2. The fortj-second section of the one hun- 
dred and fortj-fourth chapter of the Revised Stat- 
utes is herebj repealed, excepting in regard to any 
past violations thereof. 
vv^arden authori- Sec. 3. The Warden, with the consent of the 

zed to cause Sab- , 

baih School to be luspectors, and whenever and so long as they may 

maintained in *. -ii i-i 

prison. deem it expedient, is hereby authorized to cause a 

Sabbath School to be maintained in the prison, for 
the instruction of the convicts, in their religious du- 
ties, and to permit such persons as they may deem 
suitable to attend the same, as instructers, under 
such rules and regulations as the inspectors may es- 
tablish. 

Sec. 4. The warden is hereby authorized to de- 
liver to the convicts such rations of good nutritious 
beef as he may deem needful and proper, in lieu of 
the '* Number one beef," now allowed by law> and 
equal thereto in quantity. 

Sec. 5. The warden, with the consent of the 
inspectors, may make such alterations as they think 
proper, in the food of the convicts, on every fourth 
day of July, and on days of public thanksgiving. 

Sec. 6. This act shall take efifect from and after 
its passage. 

[Approved by the Governor, April 18, 1838.] 



Authorized to 
alter rations in 
part. 



Persons incorpo* 
rated. 



CHAP. CLIII. 

An Act to incorporate the Camp Meeting Grove 
Corporation. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Isaac Harding, Noah K. Skinner and 



INDIAN COM. SCHOOLS. April 18, 1838. 439 

Milton Daggett, their associates and successors, are 
hereby made a corporation, by the name of the Camp 
Meeting Grove Corporation, with all the powers and 
privileges, and subject to all the duties, restrictions 
and limitations set forth in the forty-fourth chapter 
of the Revised Statutes. 

Sec. 2. Said corporation shall have authority to Authority to bold 
receive and hold a tract of land in Eastham, in the 
county of Barnstable, for the use of annual religious 
meetings, on the condition that the income of the Condition. 
same be devoted to its security and improvement, 
or to religious purposes. 

Sec. 3. Said corporation may hold, for the pur- Estate. 
poses aforesaid, real estate to the value of two thou- 
sand dollars. 

[Approved by the Governor, April 18, 1838.] 



CHAP. CLIV. 

An Act to aid in the support of Common Schools 
among certain tribes of Indians in this Common- 
wealth. 

i3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

There shall be allowed and paid, out of the in- Amount to be 

* paid, and when. 

come of the Massachusetts School Fund, the sum of 
one hundred and forty dollars, on the first day of 
January annually, in the manner hereafter pro- 
vided, viz. — sixty dollars to Smith Mayhew, Esq., i." what propor- 

' "^ y ' T ' tions to be paid. 

of Chilmark, to be applied under his direction to the 
support of common schools among the Gay Head In- 
dians ; sixty dollars to the Guardian of the Indians 
of Christiantown and Chappequiddic, and twenty 



440 FIRST REL. SOC. DANVERS. April 18, 1838. 

dollars to the Treasurer of the Herring Pond In- 
dians, to be applied by them in like manner to the 
support of common schools among the said Indi- 
ans ; any thing contained in the sixty-seventh sec- 
tion of the twenty-third chapter of the Revised Stal- 
Accountofap- utes to the Contrary notwithstanding ; and an annual 

proprialion to be ^ , . . r • j i 1 1 !_ 

made to Govern- accouut of the appropriation ol said moneys snail be 

or and Council. , , ■ /~i i /-< •! 

rendered to the uovernor and Council. 

[Approved by the Governor, April 18, 1838.] 



CHAP. CLV. 

An Act to incorporate the First Religious Society in 
Dan vers. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The North Parish in Danvers, of which 
the Rev. Milton P. Braman is pastor, is hereby made 
a corporation, by the name of the First Religious 
Society in Danvers, with all the powers and privi- 
leges, and subject to all the duties, restrictions and 
liabilities, set forth in the twentieth chapter of the 
Revised Statutes, excepting as is hereinafter pro- 
vided. 

Estate. Sec. 2. Said corporation may hold real and per- 

sonal estate to an amount not exceeding twenty 

Proviso. thousand doWars : provided, xh'at the whole annual 

income thereof shall be appropriated exclusively to 
parochial purposes. 

May assess pews. Sec. 3. Said society may assess the pews in any 
meeting-house hereafter erected by them or con- 
veyed to them, for the support of public worship and 
' other parochial purposes, and may enforce said as- 



FULTON BANK. April 19, 1838. 441 

sessments in the manner provided in the thirty- 
second, thirty-third, and thirty-fourth sections of said 
twentieth chapter of the Revised Statutes, for making 
and enforcing certain assessments. 

Sec. 4. The act to incorporate the First Reli- Act of March re. 

* pealed. 

gious Society in Danvers, passed on the twenty- 
eighth day of March last, is hereby repealed. 

[Approved by the Governor, April 18, 1838.] 



CHAP. CLVl. 

An Act to repeal the Charter of the Fulton Bank. 

JjE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The act, entitled " an act to establish the Act establishing 

. . i-» 1 >i 1 I I Winnisimmet 

Wmnisimmet bank, ' passed on the twenty-seventh Bank, and addi. 

-■»-,., I'll tional acts there- 

day of March, in the year one thousand eight hun- to, repealed. 

dred and thirty-three, an act, entitled " an act in ad- 
dition to an act to establish the Winnisimmet Bank," 
passed on the nineteenth day of March, in the year 
one thousand eight hundred and thirty-four, and an 
act, entitled " an act in addition to an act to establish 
the Winnisimmet Bank," passed on the sixth day of 
March, in the year one thousand eight hundred and 
thirty-five, are hereby severally repealed : provided, stockholders not 

I I . , . • 1 I 1 1 ■ 1 to be released 

that nothmg herem contamed shall be so construed from liabilities. 
as to absolve said corporation, or any director or 
stockholder thereof, from any liability created by 
the several acts hereby repealed. 

Sec. 2. This act shall take effect from and after 
its passage. 

[Approved by the Governor, April 19, 1838.] 



442 SPIRITUOUS LIQUORS. April 19, 1838. 

CHAP. CLVII. 

An Act to regulate the sale of Spirituous Liquors. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
No quantity less Sec. 1. No Hccnsed innholder, retailer, common 

than fifteen g-al- . ,■ i i • r- 

Ions to be sold. victualJcr, or Other person, except as herem alter pro- 
Tided, shall sell any brandy, rum, or other spirituous 
liquors, or any mixed liquor, part of* which is spiritu- 
ous, in a less quantity than fifteen gallons, and that 
delivered and carried away all at one time, on pain 

Penalty. of forfeiting not more than twenty dollars, nor less 

than ten dollars, for each offence, to be recovered in 
the manner and for the use provided in the twenty- 
sixth section of the forty -seventh chapter of the Re- 
vised Statutes. 

County commis- Sec. 2. The county commissioners in the sev- 

sioners may li- , . , . r i • 

cense apotheca- cral couutjcs, may liceuse tor their respective towns, 

ries or physi- , . ..... , 

cians. as many apothecaries or practising physicians as they 

deem necessary, to be retailers of spirituous liquors, 
to be used in the arts, or for medicinal purposes 
only ; and the mayor and aldermen of the several 
cities may, in like manner, and for like purpose. 

Court of common liceiisc apothccarics, as retailers for their respective 

pleas may license . , , , ™ i • i 

apothecaries, citics ; and thc couit ot commoH pleas in the coun- 
ty of Suffolk, in like manner, and for like pur- 
poses, may license apothecaries or practising phy- 
sicians, as retailers in the town of Chelsea ; which li- 
censes shall be granted in the same manner, and un- 
der the same restrictions now provided .by law for li- 

Proviso, limiting ccusiug rctailers : provided, that the number of per- 

number ofli- ,, i i n i r 

censed persons, sons SO liccuscd shall HOt excced onc tor every two 
thousand inhabitants, and in towns containing less 



SMALLPOX. April 20y 1S3S. US 

than two thousand inhabitants, one person may be 
licensed: and provided, further, that in such cities 
and towns where there is no apothecary, or prac- 
tising physician, such other person or persons may 
be appointed as aforesaid, as may be deemed proper 
by said county commissioners ; and no person, so li- 
censed, shall sell any spirituous liquor to be drunk in 
or about his premises, on pain of the forfeiture pro- 
vided in the first section of this act. 

Sec. 3. All licenses hereafter gi'anted to inn- License not to 

hij .| I . ,, 1111 authorize the sell- 

olders, retailers and common victuallers, shall be so ing of spirituous 

framed as not to authorize the licensed persons to "^ ° ^ 

sell brandy, rum, or any other spirituous liquors ; 

and no excise or fee shall be required for such a li- No fees tobere- 

*■ quired tor li- 

cense, censes. 

Sec. 4. The provisions of all laws now in force, 
inconsistent with this act, are hereby repealed. 

Sec. 5. This act shall take effect on the first when to take 

eflect. 

day of July next, but shall have no operation upon 
any licenses granted previous to that time. 

[Approved by the Governor, April 19, 1838.] 



CHAP. CLVin. 

An Act to repeal certain provisions of law in rela- 
tion to the Small-Pox. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

So much of the sixteenth, seventeenth, thirty- 
eighth, fortieth, forty-first, forty-second, forty-third, 
and forty-fourth sections of the twenty-first chapter 



444 BOARD OF EDUCATION. April 21, 1838. 

of the Revised Statutes, as relates to the Small-Pox, 
is hereby repealed. 

[Approved by the Governor, April 20, 1838.] 



CHAP. CLIX. 

An Act to prescribe the duties and fix the compen- 
sation of the Secretary of the Board of Education. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Secretary to at. s^c. 1. The Secretary of the Board of Educa- 

tend meetings ol -^ 

teachers, school tjon, in addition to the duties required of him by the 

committees, &c. ^ •' 

act establishing the Board of Education, shall, once 
in each year, at such times as the Board of Educa- 
tion may appoint, attend in each county of the 
Commonwealth a meeting of all such teachers of 
public schools, members of the school committees 
of the several towns, and friends of education gen- 
erally in the county, as may voluntarily assemble at 
Time and place t^g tJQ^e and olacc iu the county designated by the 

of meeting to be ^ •/ o ^ 

designated by Board of Educatlou, of which sufficient notice shall 

Board of Educa- ' 

*'°°' by him be given ; and shall then and there diligent- 

Duties of Secre- ly apply himself to the object of collecting informa- 
tion of the condition of the public schools of such 
county, of the fulfilment of the duties of their office 
by all members of the school committees of all the 
towns, and the circumstances of the several school 
districts in regard to all the subjects of teachers, 
pupils, books, apparatus, and methods of education ; 
with the intent of furnishing all requisite materials 
for the report by law required from the Board of Ed- 
ucation. 



GEORGETOWN. April 2\,\S3S. 446 

Sec. 2. The compensation of the Secretary of His compensa- 
the Board of Education shall be one thousand five 
hundred dollars per annum, to be made in equal 
quarterly payments. 

Sec. 3. This act shall take effect from and after 
its passage. 

[Approved by the Governor, April 21, 1838.] 



CHAP. CLX. 

An Act to incorporate the Town of Georgetown. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. All that part of the town of Rowley, Boundaries de- 
in the county of Essex, which lies west of the fol- 
lowing line, shall be, and the same is hereby incor- 
porated into a separate town, by the name of George- 
town, viz. — beginning at Frazier's Rock, so called, 
on the line between the towns of Newbury and 
Rowley ; thence running south fifty-six degrees 
thirty minutes west, three hundred and eleven rods, 
to the bridge near the alms-house ; thence south 
forty-six degrees thirty minutes west, five hundred 
and forty five rods, to Muddy Brook Bridge ; thence 
south fifty-two degrees west, three hundred and six- 
ty-two rods, to a tree called the "Three Sisters," on 
the division line between Boxford and Rowley. 
And the inhabitants of said town of Georgetown Powers and du- 

. . ties. 

are hereby vested with all the powers and privileges, 
and shall be subject to all the duties and requisi- 
tions of other corporate towns, according to the con- 
stitution and laws of this Commonwealth. 
57 



446 GEORGETOWN. April2],l83S. 

Alms-house, Sec. 2. The alais-liouse, farm and buildings be- 

lonj'to Rowley loHging to Said Rowlev, shall be owned, holden, and 

and Georgetown. • , , , r i-» i i /-• 

occupied by the towns of Rowley and Georgetown, 
for the term of three years; at the expiration of 

—when to be which time, unless the said towns shall otherwise 
agree, the same shall be sold, under the direction of 
the then overseers of the poor of the said towns, and 

Proceeds how to ^^^ procecds thereof shall be divided between the 

be divided. ' 

said towns according to the proportion of each in 
the latest valuation of the town of Rowley at the 
time the purchase money for said farm was paid. 
Paupers, how to Sec. 3. All persons legally settled in the pres- 

be supported. /> t-» i i i 

ent town or Rowley, who are now, or who may 
hereafter become chargeable as paupers, shall be 
supported by the said towns, according to the pro- 
portion of each in the town valuation of the year 
eighteen hundred and thirty-seven ; and all persons 
who may hereafter become legally settled in either 
of said towns, and may become chargeable as pau- 
pers, shall be suj)ported by that town, within the 
territorial limits of which they may have gained a 
legal settlement. 
What to be en- Sec. 4. The towu landing and the Thatch bank 

joyed in common. .... , , . • i i-> i in 

and fiats adjoinmg, belonging to said Rowley, shall 
be owned, held, and enjoyed by the said towns in 
common; and the gravel-pits and pounds belonging 
to the present town of Rowley, shall be held and 
owned by the said towns respectively, within the 
limits of which the same may be. Each of said 
towns shall be holden to pay their respective pro- 
portions of the expenses of any actions now pend- 
ing, and of all debts and claims now due from said 
town of Rowley, or which may become due, by rea- 
son of any contract, engagement, judgment of court, 
or any matter or thing now or heretofore entered 



GEORGETOWN. April 21, ]SSS. 447 

into or existing ; and also the expense of making 
any road that has been located, but not made, ac- 
cording to the proportion of each in the said valua- 
tion. 

Sec. 5. The inhabitants of said town of George- Taxes now as- 

I 11 , I I 1 i] 1 sessed, to be paid 

town shall be holden to pay all county and town to treasurer of 
taxes, now legally assessed upon them, to the treas- 
urer and collector of the town of Rowley ; and all 
moneys now in the treasury of said town, or that 
may hereafter be received from taxes now assessed, 
shall be applied to the purposes for which they were 
raised and assessed, in the same manner as if this 
act had not been passed. The money which has Proportion of 

. ., |., 1 ri -I surplus revenue 

been received, or which may hereafter be received howtobedivi- 

ded. 

by said Rowley, as the proportion of said town 
of the surplus revenue of the United States, and the 
interest thereon, shall be divided between the said 
towns, in proportion to their respective population, as 
ascertained by the census taken in May last, in pur- 
suance of "an act concerning the deposit of the 
surplus revenue." 

Sec. 6. The said town of Georgetown shall re- Representatives, 
main a part of the town of Rowley, for the purpose ed. 
of electing the Representatives to the General Court, 
to which the town of Rowley is entitled, until the 
next decennial census of polls shall be taken, in 
pursuance of the twelfth article of Amendment of 
the Constitution. 

Sec. 7. Either of the justices of the peace for Warrant to be 

. , I • J • issued for meet- 

the county of Essex is hereby authorized to issue a ing- 
warrant, directed to some inhabitant of said town of 
Georgetown, requiring him to notify and warn the 
inhabitants thereof, to meet at such convenient time 
and place as shall be expressed in said warrant, for 
the choice of all such officers as towns are by law 



448 COMMERCIAL BANK. April 2}, 1838. 

required to choose, in the months of March or April, 
annually. 

Sec. 8. This act shall take effect from and after 
its passage. 

[Approved by the Governor, April 21, 1838.] 



CHAP. CLXI. 

An Act to repeal the Charter of the Commercial 
Bank in the city of Boston. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The act entitled an act to incorporate 
the president, directors, and company of the Com- 
mercial Bank, in the city of Boston, passed on the 
fifteenth day of June, in the year one thousand eight 
hundred and thirty-one, is hereby repealed : provi- 
Corporaiion not ded, that nothing in this act shall be so construed, 

released from i i i • i • t 

liabilities. as to absolvc the said corporation, or any director or 

stockholder thereof, from any liability created by 
the act hereby repealed. 

Sec. 2. This act shall take effect from and after 
its passage. 

[Approved by the Governor, April 21, 1838.] 



INSOLVENT DEBTORS. April 23, 1838. 449 

CHAP. CLXIl. 
An Act concerning Masters in Chancery. 

j3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The Governor, by and with the advice and con- Governor to ap- 

' •' point. 

sent of the Council, may appoint Masters in Chan- 
cery, who shall hold their offices five years, unless 
sooner removed by the Governor and Council; the 
whole number of which, in any one county, includ- Number not to 

■' •' ' exceed four. 

ing those now in office, shall not exceed four. 
[Approved by the Governor, April 21, 1838.] 

CHAP. CLXIII. 

An Act for the relief of Insolvent Debtors, and for 
the more equal distribution of their effiicts. 

j3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Any debtor residing in this Common- Peiiuon by insoi- 

, ' . vent debtor. 

wealth, who shall desire to take the benefit of this 
act, may apply, by petition to the judge of probate 
for the county within which he resides, or in which 
he has his usual place of business, setting forth his 
inability to pay all his debts, and his willingness to 
assign all his estate and effects for the benefit of his 
creditors, and praying that such proceedings may be 
had in the premises as in this act are provided ; and 
if it shall appear to the satisfaction of the said judge, 
that the debts due from such applicant amount to 



460 



INSOLVENT DEBTORS. 



April 23, 1838. 



Warrant. 
Messenger. 



Public notice of 
the insolvency. 



not less than five hundred dollars, the said judge 
shall forthwith, by warrant under his hand and seal, 
appoint some suitable person as messenger to take 
possession of all the estate, real and personal, of 
such debtor, excepting such as may be by law ex- 
empted from attachment, and of all the deeds, books 
of account, and papers of such debtor, and to keep 
the same safely until the aj)pointment of assignees 
as hereinafter provided. 

Sec. 2. The said messenger shall forthwith give 
public notice, by advertisement, in such newspapers 
as shall be designated by the judge, and also, such 
personal or other notice to any persons concerned as 
the judge shall prescribe, which notice shall state 
that a warrant has issued against the estate of such 
debtor, and that the payment of any debts, and the 
delivery of any property belonging to such debtor, 
to him or for his use, and the transfer of any proper- 
First meeting of ty by him, are forbidden by law; and the messenger 

the creditors. i ii • i • n • i- i i 

snail, in the same notice, call a meeting or the cred- 
itors of such debtor, to prove their debts, and to 
choose one or more assignees of his estate ; which 
meeting shall be held at some convenient time and 
place, to be designated in the warrant, the time to 
be not less than ten days, and not more than thirty 
Proof of debts, days after the issuing of the warrant. And the said 
judge shall attend the said meeting, and shall allow 
all the debts that shall be duly proved before him, 
and shall cause a list thereof to be made, which 
shall be certified by himself, and shall be recorded 
and filed with the other papers and proceedings in 
the case. And the creditors shall then proceed, in 
the presence of the said judge, to choose one or 
more assignees of the estate of the debtor ; the 
choice to be made by the greater part in value of the 



Choice of as- 
signees. 



INSOLVENT DEBTORS. April 23, 1838. 451 

creditors, according to the debts then proved : provi- 
ded, that when the number of creditors present shall 
amount to five, and less than ten, the votes of two 
at least, shall be necessary for a choice, and when the 
number of creditors shall amount to ten or more, the 
votes of three at least shall be necessary for a choice. 
And in case no choice shall be made by the creditors at 
said meeting, the said judge shall appoint one or more 
assignees. And in case any assignee so chosen 
shall fail to express, in writing, his acceptance of 
the trust, within four days, the judge of probate may 
fill any vacancy occasioned thereby. 

Sec. 3. All debts due and payable from such Debts proveabie. 
debtor, at the time of the first publication of the no- 
tice of issuing the said warrant, may be proved and 
allowed against his estate assigned as aforesaid ; and 
all debts then absolutely due, although not payable 
until afterwards, may be proved and allowed as if 
payable presently, with a discount or rebate of in- 
terest, when no interest is payable by the contract, 
until the time when the debt would become paya- 
ble ; and all moneys due from such debtor on any 
bottomry or respondentia bond, or on any policy of 
insurance, may be proved and allowed, in case the 
contingency or loss should happen before the making 
of the first dividend, in like manner as if the same 
had happened before the said first publication of the 
said notice ; and in case the debtor shall be liable 
for any debt, in consequence of having made or en- 
dorsed any bill of exchange or promissory note 
before the first publication of the said notice, or in 
consequence of the payment by any party to any bill 
or note, of the whole or any part of the money se- 
cured thereby, or of the payment of any sum by any 
surety of the debtor in any contract whatsoever, 
although such payment in either case shall be made 



452 INSOLVENT DEBTORS. April 23, IS3S. 

after the said first publication, provided it be made 
before the making of the first dividend, such debt 
shall be considered, for all the purposes of this act, 
as contracted at the time when such bill or note or 
other contract shall have been so made or endorsed, 
and may be proved and allowed as if the said debt 
had been due and payable by the said debtor before 
the said first publication ; and all demands against 
the debtor, for or on account of any goods or chattels 
wrongfully obtained, taken, or withheld by him, may 
be proved and allowed as debts, to the amount of 
the worth of the property thus taken ; and no debt 
other than those above mentioned shall be proved 
or allowed against the estate assigned as aforesaid. 

Set off of debts. And whcu it shall appear that there has been mutual 
credit given by the debtor and any other person, or 
mutual debts between them, the account between 
them shall be stated, and one debt shall be set off 
against the other, and the balance of such account 
and no more shall be allowed or paid on either side 
respectively. 

Debts secured by And whcu auv Creditor shall have any mortgage 

mortgag-e or "^ ^ o c 

pledge. or pledge of any real or personal estate of the debt- 

or, or any lien thereon, for securing the payment of 
any debt claimed by him, the property so held as 
security shall, if he require it, be sold, and the pro- 
ceeds shall be applied towards the payment of his 
debt, and he shall be admitted as a creditor for the 
residue thereof, if any ; and such sale shall be made 
in such manner as the judge shall order, and the 
creditor and the assignee respectively shall execute 
all such deeds and papers as may be necessary or 
proper for effecting the conveyance. And if the 
creditor shall not require such sale, and join in ef- 
fecting the conveyance as aforesaid, he may release 
and deliver up to the assignees the premises so held 



INSOLVENT DEBTORS. April 23, \S3S. 453 

as security, and shall thereupon be admitted as a 
creditor for the whole of his said debt. And if the 
said property shall not be either sold, or released and 
delivered up as aforesaid, the creditor shall not be 
allowed to prove any part of his said debt. 

Sec. 4. The said judge may, in his discretion, Debts to be 

r 1 r II 1 • J I r proved on oath. 

require proor on oath ol any debt ciajmea berore 
him, and may examine the party claiming the same, 
or the agent who shall present the claims in his be- 
half, and also the debtor, on their respective oaths 
or affirmations, on all matters relating to such claim. 
And any supposed creditor, whose claim shall be Appeal by cred- 
wholly or in part rejected by the judge, may appeal 
from his decision, and have the said claim determined 
at law ; and if the debt demanded shall exceed the 
sum of three hundred dollars, such appeal shall be 
heard and determined in the supreme judicial court 
— otherwise in the court of common pleas ; and the 
appeal shall be entered in the proper court which 
shall be first held, within or for the county in which 
the proceedings are had, next after the expiration of 
fourteen days from the time of claiming the appeal ; 
— but no such appeal shall be allowed unless the 
same be claimed, and notice thereof be given to the 
judge or his clerk, to be entered on the record of 
the proceedings, and also to the assignees, or one of 
them, within ten days after the decision appealed 
from. And, upon entering such appeal, the creditor 
shall file in court a statement in writing of his claim, 
setting forth the same substantially as in a declara- 
tion for the same cause of action at law, and the 
assignees shall plead or answer thereto in like man- 
ner ; and the like proceedino;s shall be had upon the 
joining of any issue of fact or law, and also upon the 
non-suit or default of either party, as in any action 
58 



454 



INSOLVENT DEBTORS. 



April 23, 1838. 



Appeal by as- 
signees. 



Costs. 



Assignment. 



Effect of. 



fpr the same cause, commenced and prosecuted in 
the usucil manner ; excepting only that no execution 
shall be awarded against the assignees for the amount 
of the debt, if any, recovered by the creditor. And 
if the assignees shall be dissatisfied with the allow- 
ance of any claim by the judge, they may appeal 
from his decision, and have such claim determined at 
law ; and such appeal shall be claimed, notified, 
heard and determined in like manner, and the like 
proceedings shall !)e had thereon, in all respects, as 
are before prescribed in the case of an appeal by a 
creditor; and in both cases the final judgment of 
the court appealed to shall be conclusive in the 
premises : provided, however, that any party ag- 
grieved by the judgment of the court of common 
pleas, upon any matter of law arising on the trial of 
such appeal, may except thereto in the manner pro- 
vided in the eighty-second chapter of the Revised 
Statutes; and the judgment in such cases, being cer- 
tified to the said judge of probate, shall ascertain the 
amount, if any, due to the claimant ; and the list of 
debts shall be altered, if necessary, to conform there- 
to. And the party prevailing in such suit shall be 
entitled to costs, to be taxed and recovered as in 
common actions, against the adverse party ; which 
costs, if recovered against the assignees, shall be 
allowed to them out of the estate of the debtor. 

Sec. 5. The said judge shall, by an instrument 
under his hand and seal, assign and convey to the 
person or persons chosen or appointed assignees as 
aforesaid, all the estate, real and personal, of the 
debtor, excepting such as may be by law exempted 
from attachment, with all his deeds, books and papers 
relating thereto; which assignment shall vest in the 
assignees all the property of the debtor, both real and 



INSOLVENT DEBTORS. April 23, 1838. 466 

personal, which he could by any way or means have 
lawfully sold, assigned or conveyed, or which might 
have been taken in execution on any judgment 
against him, at the time of the first publication of 
the notice of issuing the al)ove-mentioned warrant, 
although the same may then be attached on mesne Attachment, 
process as the property of the said debtor ; and such 
assignment shall be effectual to pass all the said 
estate, and dissolve any such attachment; and the 
said assignment shall also vest in the said assignees Debts duethe 
all debts due to the debtor, or to any person tor his 
use, and all liens and securities therefor, and all his 
rights of action for any goods or estate, real or per- 
sonal, and all his rights of redeeming any such Rightsofre- 

"" . I demplion. 

goods or estate ; and the assignees shall have power 
to redeem all mortgages, conditional contracts, 
pledges and liens, of or upon any goods or estate 
of the debtor, or to sell the same, subject to such 
mortgage or other incumbrance. And the debtor confirmation of 

,,,,.,. , f I 1 'he assignment 

shall likewise, at the expense or the estate, make by the debtor. 
and execute all such deeds and writings, and en- 
dorse all such bills, notes and other negotiable pa- 
pers, and draw all such checks and orders for moneys 
deposited in banks or elsewhere, and do all such 
other lawful acts and things, as the assignees shall 
at any time reasonably require, and which may be 
necessary or useful for confirming the assignment so 
made by the said judge, and for enabling the as- 
signees to demand, recover and receive all the estate 
and effects assigned as aforesaid, especially such 
part thereof, if any, as may be without this Com- 
monwealth ; and the assignees shall have the like Remedy of 

1 II 1 • 1 II 1 assignees. 

remedy to recover all the said estate, debts and 
effects, in their own names, as the debtor might 
have had if no such assignment had been made. 



456 INSOLVENT DEBTORS. April 23, 1838. 

Actions pending. And if, at the time of such assignment, any action 
shall be pending in the name of the debtor, for the 
recovery of any debt, or other thing, which might 
or ought to pass to the assignees by the said assign- 
ment, the assignees shall, if they require it, be admit- 
ted to prosecute such action in their own names, in 
like manner and to the like effect as if the same had 
been originally commenced by them as such as- 

Sutts not to abate sign ees : and no suit pending in the name of the 

by the death of • , ,, , , 

assignee. assiguccs shall be abated by the death or removal of 

any assignee ; but, upon the motion of the surviving 
or remaining assignee, or of the new assignees, as 
the case may be, he or they shall be admitted to 
prosecute the suit, in like manner and to the like 
effect as if the same had been originally commenced 
by him or them. And in all suits prosecuted by the 
assignees for any debt, demand, right, title or inter- 
est, due or belonging to the insolvent debtor, the 
assignment made to them by the judge shall be con- 
clusive evidence of their authority to sue as such as- 
Deathof the siguces. And if the debtor shall die after the issuing 
istuingoVthe' ^ of the above-meutioued warrant, the proceedings 
shall, notwithstanding, be continued and concluded 
in the like manner, and with the same validity ^nd 
effect, as if he had lived ; and in such case the 
allowance to the debtor, on the net produce of his 
estate, if any, shall become due, according to the 
provision hereinafter contained ; and if the same 
shall not have been paid to him in his life-time, shall 
be paid to his executors or administrators, and shall 
be disposed of and distributed in like manner as any 
other property of which he may be possessed at the 
time of his decease. 
Dutyof themes- Sec. 6. The messcuger shall, as soon as may be 
enger. after hls appointment, demand and receive from the 



INSOLVENT DEBTORS. April 23, 1838. 457 

debtor, and from all other persons all the estate in 
his or their possession respectively, which is herein 
above ordered to be assigned, with all the deeds, 
books of account, and papers of the debtor, relating 
thereto ; and the debtor shall accordingly deliver to Debtor to deliver 

, , • 1 • 1 1 f '"^ estate to the 

the messenger such part ot the said estate and other messenger. 
things above specified, as may then be within his 
possession or power, and shall disclose the situation 
of such parts thereof as may then be in the posses- 
sion of any other person or persons, so as to enable 
the messenger to demand and receive the same. 
And the debtor shall also make a schedule, contain- To make a 

^,, J r-iii- T •! schedule of his 

ing a full and true account or all his creditors, with creditors, 
the place of residence of each creditor, if known to 
the debtor, and the sum due to each of them. And 
the said schedule shall also set forth the nature of 
each debt, whether founded on written security, on 
account, or otherwise, and also the true cause and 
consideration thereof, and a statement of any exist- 
ing mortgage, pledge or other collateral security 
given for the payment of the same ; which schedule 
he shall produce at the first meeting of his creditors, 
to be delivered to the assignees who shall then be 
chosen. And the debtor shall, at all times before the to attend and be 
granting of his certificate as herein after provided, oaul?'°^'^°° 
upon reasonable notice, attend, and submit to an ex- 
amination, on oath, before the judge and the as- 
signees, upon all matters, relating to the disposal of 
his estate, and to his trade and dealings with others, 
and his accounts concerning the same, and relating 
to all debts due or claimed from him, and to all other 
matters concerning his estate, and the due settlement 
thereof, according to law ; such examination to be 
in writing when so required by the judge, and to be 
signed by the debtor, and filed with the other pro- 



468 INSOLVENT DEBTORS. JjonV 23, 1838. 

Allowance to ccedinffs. And the debtor shall receive from the as- 

debtor for at- , ^ i ^ i • 

tendance. sigDces One dollar per day for his attendance on the 

judge or the assignees, when required as aforesaid. 

And for the sup- fje shall also be allowed, out of his estate, for the 

port of his family. 

necessary support of hinnself and his family, such 
' sum, not exceeding the rate of three dollars per week, 

for each member of his family, and for such time, 
not exceeding two months, as the judge shall order. 
Second meeting Sec. 7. The judgc shall appoiut a sccoud meet- 
ing of the said creditors, to be held at such time, not 
^ more than three months after the date of the war- 
rant to the messenger, as the judge shall think fit, 
regard being had to the distance at which the cred- 
itors, or any of them, may reside ; at which meeting 
any creditors who have not before proved their debts, 
Schedule to be shall be allowcd to prove the same. And the debtor 

amended. • 

shall then be allowed to amend the schedule of his 
creditors, and to correct any mistake therein ; and 
he shall then make and subscribe an oath before the 
said judge, which shall be certified by him and filed 
in the case, in substance as follows: — 
Debtor's oaih. " I do swcar that the account of my cred- 

itors, contained in the schedule made and signed by 
me, and now in the hands of the assignees chosen 
by my creditors, is in all respects just and true, ac- 
cording to my best knowledge and belief. And I 

do further swear, that I have delivered to , the 

messenger appointed in that behalf, all my estate, 
(excepting such parts thereof as are by law exempt- 
ed from attachment, and such as have been necessa- 
rily expended for the support of myself and my fam- 
ily,) and all my books of account and papers, relating 
to my said estate, that were within my possession or 
power when the same were demanded of me, by the 
said messenger; that I have delivered to my as- 



INSOLVENT DEBTORS. April 23, 1838. 459 

sit;nees all such of nij said estate, books and papers 
as have since come to my possession ; and that, if 
any other estate, effects or other things, which shall 
or ought to be assigned and delivered to the said 
assignees, shall hereafter come to my knowledge or 
possession, I will forthwith disclose or deliver the 
same to the said assignees. And I do further swear, 
that there is not any part of my estate or effects 
made over or disposed of in any manner for the fu- 
ture benefit of niyself or my family, or in order to 
defraud mv creditors." And if it shall then appear. Certificate of dis- 

•" • • r I ' y 111 charge. 

to the satisfaction or the judge, that the debtor has 
made a full disclosure and delivery of all his estate, 
as herein before required, and that he has in all 
things conformed himself to the directions of this 
act, the judge shall grant to him a certificate there- Effector. 
of, and the debtor shall be thereupon absolutely 
and wholly discharged from all his debts, which shall 
be at any time actually proved against his estate as- 
signed as aforesaid : and from all debts which are 
proveable under this act, and which are founded on 
any contract made by him, after this act shall go into 
operation, if made within this Commonwealth, or to be 
performed within the same ; and from all debts which 
are proveable as aforesaid, and which are founded on 
any contract made by him, after this act shall go into 
operation, and due to any persons who shall be resi- 
dent within this Commonwealth at the time of the 
first publication of the notice of the issuing of the 
warrant mentioned in the first section of this act ; 
and from all demands for or on account of any goods 
or chattels wrongfully obtained, taken or withheld 
by the debtor, as mentioned in the third section of 
this act ; and the said debtor shall be also forever 
discharged and exempted from arrest or imprisonment, 



ate 



460 INSOLVENT DEBTORS. Ajnil 23, nSS. 

in any suit, or upon any proceeding, for, or on ac- 
count of any debt or demand whatever, w liicii might 
have been proved against his estate as aforesaid. 
Formofcertifi- And the Certificate to be granted by the judge, as 
above provided, shall be in substance as follows : 
commonw^ealth of massachusetts. 
Suffolk, ss. 

To all people, to whom these presents shall come, 
I, A. B., Judge of Probate for the said county of 
Suffolk, send greeting. 

Whereas, it has been made to appear to me, that 
C. D., of B., in the said county of Suffolk, merchant, 
whose estate has been assigned for the benefit of his 
creditors, according to the provisions of an act made 

and passed on the day of , in the year one 

thousand eight hundred and thirty-eight, entitled, 
"an Act for the relief of Insolvent Debtors, and for 
the more equal distribution of their effects," has 
made a full disclosure and delivery of all his estate 
as in said act is required ; and that he has in all 
things conformed himself to the directions of the said 
act : 1 do accordingly certify, that by force of the 
act aforesaid, the said C. D. is absolutely and wholly 
discharged from all his debts, which have been or 
shall be proved against his estate, assigned as afore- 
said, and from all debts which are proveable under 
the said act, and which are founded on any contract 
made by him within this Commonwealth, or to be 
performed within the same and made since the pass- 
ing of the act aforesaid ; and from all debts which 
are proveable as aforesaid, and which are founded on 
any contract made by him since the passing of said 
act, and due to any persons who were resident with- 
in this Commonwealth on the day of last, 

being the day of the first publication of the notice of 



INSOLVENT DEBTORS. April 2S,\83Q. 461 

the warrant issued for the seizure of the estate of 
the said C. D. ; and from all demands against him, 
for or on account of any goods or chattels wrongful- 
ly obtained, taken or withheld by him, according to 
the form of the act aforesaid. And 1 do further cer- 
tify, that the said C. D. is, by force of the act afore- 
said, forever discharged and exempted from arrest or 
imprisonment, in any suit, or upon any proceeding, 
for, or on account of any debt or demand whatever, 
which might have been proved against his estate as- 
signed as aforesaid. 

Given under my hand and seal on this day 

of , in the year . 

Provided, however, that if one half, in number or Creditors may 

",. , , . , I 1 1 I 1 • object to !<rant- 

in value, or the creditors, who shall be creditors re- ing certificate. 
spectively for not less than fifty dollars, and who 
shall have duly proved their debts, shall, by writing, 
under their hands, signify to the said judge of pro- 
bate their dissent and objection to the granting of 
such certificate, the same shall not be granted ; and 
in such case the debtor shall not be entitled to his dis- 
charge, unless he shall obtain the same upon appeal 
to the supreme judicial court, as hereinafter pre- 
scribed. And provided, further, that no discharge Partner, &c. of 

^ . . deblornot dis- 

of any debtor under this act, shall release or dis- charged. 
charge any person who may be liable for the same 
debt, as a partner, joint contractor, indorser, surety, 
or otherwise, for or with the debtor. 

Sec. 8. In case the judge of probate shall not Appeal of the 

, . ,. • r \ • debtor, when 

see cause to grant such certihcate, or it the granting certificaie is re- 

I r 1 1 1 I II I I • • r 1 fused or objected 

thereof shall be prevented by the objection or the to. 
creditors as above provided, the debtor may appeal 
to the supreme judicial court which shall be first 
held within and for the same county, next after the 
expiration of fourteen days from the time of claiming 
59 



462 INSOLVENT DEBTORS. April 23, 1838. 

the appeal : provided, that such appeal be claimed, 
and notice thereof given to the said judge or his 
clerk, to be entered upon the record of the proceed- 
ings, within ten dajs after the decision appealed 
from. And the said appeal may be heard and de- 
termined by the said supreme judicial court, whether 
held by one justice thereof, or by three or more of 
the said justices ; and any of the said creditors may 
appear and object to the allowance of the certificate ; 
Supreme judicial and if, after a full hearing of all the parties, it shall 

court may grant " ^ ' 

certificate. appear, to the satisfaction of the said court, that the 
debtor has made a full disclosure and delivery of all 
his estate, as herein above required, and that he has 
in all things conformed himself to the directions of 
this act, the court shall cause a certificate thereof, in 
substance like that prescribed in the preceding sec- 
tion, to be made under the seal of the court, and 
signed by the clerk thereof, and to be delivered to 
the said debtor ; which certificate shall have the 
same force and effect as herein provided with regard 
to the said certificate when granted by the judge of 

Allowance to the probate. Aiid every debtor so discharged shall be 

discharge. allowcd five per cent, on the net produce of all his 

estate that shall be received by the assignees, in 
case such net produce, after such allowance made, 
shall be sufficient to pay the creditors entitled to a 
dividend the amount of fifty per cent, on their debts 
respectively ; and so as the said allowance shall not 
exceed in the whole the sum of five hundred dollars. 

Debtormaybe Sec. 9. If the debtor shall he in prison, either 

taken from prison . . . 

to be examined : OH mesuc process or lu cxccution, w any suit or 
proceeding, for or on account of any debt or demand 
whatever that is proveable against his estate, at any 
time before the granting of his certificate, and when 
his attendance may be required before the judge or 



INSOLVENT DEBTORS. April23, IS3B. 463 

the assignees, or at any meeting of iiis creditors, as 
provided in this act, the said judge may, in his dis- 
cretion, by warrant under his hand and seal, require 
the prison-keeper to produce the debtor for the pur- 
poses aforesaid, at such time and place as may be 
specified in the warrant ; and in case the debtor or may be ex- 

- - . . . I amined in prison, 

shall, by reason or imprisonment or sickness, or any or elsewhere, by 
other cause which shall be deemed sufficient by the 
judge, be unable to attend before the judge, or the 
assignees, or at any meeting of his creditors, as pro- 
vided in this act, then the said judge, or some person 
to be deputed by him for that purpose, and the as- 
signees, or some person appointed by them, shall 
attend the debtor in prison, or elsewhere, if he be 
within this Commonwealth, in order to take his 
examination ; and the examination thus taken shall 
be of the same force and effect as if the debtor had 
attended in person before the judge or the assignees, 
or at the meetings aforesaid, and had there under- 
gone the same examination. And if the debtor shall Absence of the 
be without this Commonwealth, and shall be unable wiifui default. 
to return and give his personal attendance at any of 
the times and for the purposes in this act above spe- 
cified, and if it shall appear that such absence was 
not caused by any wilful default of the debtor, and 
if he shall, as soon as may be after the removal of 
such impediment, offer to attend and submit to an 
examination, on oath, before the judge and the as- 
signees, as herein before provided, and shall do and 
perform all things by this act required for the pur- 
pose of obtaining his certificate, he shall be entitled 
thereto, in like manner as if he had done all the 
same things at the times respectively first above 
prescribed. And if the debtor shall, at the time of certificate to dis- 

... . . . charge debtor 

obtaining his certificate, be in prison, for any cause from prison. 



464 INSOLVENT DEBTORS. April 23, ISSS. 

before mentioned in this section, he shall be dis- 
charged from such imprisonment, upon producing to 
the prison-keeper his certificate granted pursuant to 
the provisions of this act. 
Certificate ren- Sec. 10. Evcrj Certificate of discharge granted 
perjuryj to a debtor under this act, shall be of no effect, if he 

shall have wilfully sworn falsely as to any material 
fact in the course of the proceedings under this act ; 
Fraudulent con- or if he shall havo fraudulently concealed any part 

cealment ; or „ , . -„ , , . . 

of his estate or errects, or any books or wntmgs re- 
Frauduient pref- latiug thereto ; or if, after this act shall go into 
operation, he shall, in contemplation of his becoming 
insolvent, and of obtaining a discharge under the 
provisions of this act, make any payment, or any 
assignment, sale or transfer, either absolute or con- 
ditional, of any part of his estate, with a view to 
give a preference to any creditor, or to any person 
who is or may be liable as an indorser or surety for 
such debtor, or to any other person who has or may 
have any claim or demand against him : provided, 
Where security thftt this clause shall uot apply to any security given 

is a part of the ' 

original contract. Jor the performance of any contract, wfien the agree- 
ment for such security is part of the original con- 
tract, and the security is given at the time of making 
Fraudulent sales, such coutract. And all such payments, assignments, 
vow.**^ ' sales and transfers, shall, as to the other creditors of 
such debtor, be void, in like manner and to the same 
effect, as conveyances made by any debtor to the 
intent or whereby his creditors may be delayed, 
hindered or defrauded, are now by law void as to 
such creditors; and the assignees shall and may, by 
an action in their own names, recover from the 
creditor so preferred the money or other things so 
paid, assigned, sold or transferred to him, or the 
value thereof, for the use of the other creditors. 



INSOLVENT DEBTORS. April 23, \83S. 465 

And the creditor so preferred, if he shall have ac- Preferred credit- 

'^ , _ or debarred from 

cepted such payment or security, knowine: that the proving his debt 

' . a"d receiving 

same was made or given by the debtor contrary to dividend. 
the provisions of this section, shall not be allowed to 
prove the debt on account of which such payment or 
security was made or given, nor to receive any divi- 
dend therefor out of the estate assigned by force of 
this act. 

Sec. 11. The assignees shall forthwith cause Assignment to be 

I . J . , I 1 • I • recorded. 

the said assignment to be recorded in the registry 
of deeds in each county in the Commonwealth, in 
which there may be any real estate of the debtor, on 
which the same may operate; and shall also give Assignee to give 

I !• . ^ , . . . , public notice. 

public notice or their appointment, in such manner 

as the judge shall order ; and shall demand and re- To demand and 

-' receive property. 

ceive irom the messenger and from all other persons, 
all the estate in his or their possession respectively, 
which shall have been assigned or intended to be 
assigned according to the provisions of this act ; 
and they shall sell all the said estate, real and per- xoseii the estate. 
sonal, which shall come to their hands, on such terms 
as they shall think most for the interest of the cred- 
itors ; and shall keep a regular account of all moneys to keep account. 
received by them as assignees, to which every cred- 
itor shall, at all reasonable times, have free resort. 
And the assignees shall, as soon as may be, after To deposit 

. . 11' I I . money. 

receiving any moneys belonging to the estate, deposit 
the same in some bank, in iheir names as assignees, 
or otherwise keep the same distinct and apart from 
all other moneys in their possession ; and they shall, To keep the 

,.,. ^ -111 III t debtor's estate 

likewise, as tar as practicable, keep all the goods separate. 
and effects belonging to the estate separate and apart 
from all other goods in their possession, or designat- 
ed by appropriate marks ; so that all such moneys, 
goods and effects, belonging to the estate, may be 



me 



INSOLVENT DEBTORS. 



April 23, 1838. 



To retain for dis- 
bursements and 
services. 



To submit to 
arbitration. 



To compound 
and settle contro- 



Assignees may 
be removed. 



New assignees 
may be cnosen. 



easily and clearly distinguished from other like 
things in the possession of the assignees, and may 
not be exposed or liable to be taken as their proper- 
ty, or for the payment of their debts. And they 
shall be allowed and retain out of the moneys in 
their hands all the necessary disbursements made 
by them in the discharge of their duty, and a rea- 
sonable compensation for their services, at the dis- 
cretion of the judge. And the assignees shall have 
power, under the direction of the judge, to submit 
any controversy that shall arise in the settlement 
of any demands against the estate of the debtor, 
or of debts due to his estate, to the determination 
of one or more arbitrators, to be chosen by the as- 
signees and the other party to such controversy; 
and the assignees shall likewise have power, under 
the direction of the judge, to compound and settle 
any such controversy by agreement with the other 
party thereto, as they shall think proper, and most 
for the interest of the creditors. And it shall be in 
the power of the creditors, by such a vote as is pro- 
vided in the second section of this act for the choice 
of assignees, at any regular meeting called by order 
of the judge for that purpose, which meeting may be 
called by the judge at his discretion, and shall be 
called by him upon the application of a majority of 
said creditors, either in number or value, — to remove 
all or any of the assignees ; and, upon such removal, 
or upon any vacancy by death or otherwise, to choose 
one or more assignees in his or their place ; and all 
the estate of the debtor, not before lawfully disposed 
of, shall be forthwith as effectually and legally vest- 
ed in such new assignee or assignees, as if the ori- 
ginal assignment had been made to him or them ; 
and the former assignee or assignees, and his or their 



INSOLVENT DEBTORS. April tS, 1838. 467 

executors or administrators shall, upon the request Former assignees 

. , , 1 r 1 '° make convey* 

and at the expense of the estate in the hands or the ances, &c. 

new assignee or assignees, make and execute to him 

or them all such deeds, conveyances and assurances, 

and do all such other lawful acts and things, as may 

be needful or proper to enable the new assignee or 

assignees to demand, recover and receive all the said 

estate. And when only one assignee shall be origin- where but one 

ally appointed, or when, by death or, otherwise, the '^ 

number shall be reduced to one, all the provisions in 

this act contained in reference to several assignees 

shall apply to such one. 

Sec. 12. The assignees shall, at such time as Third meeting 
shall be appointed by the judge, within six months 
from the time of their appointment, call a meeting 
of all the creditors of the debtor, by a notice to be 
published in such manner as the judge shall direct, 
at which meeting the creditors who have not before 
proved their debts, shall be allowed to prove the same; Accotmts of as- 
and the assignees shall produce to the judge and the " 
creditors then present, fair and just accounts of all 
their receipts and payments touching the estate of 
the debtor, and shall, if required by the judge, be 
examined, on oath, as to the truth of such accounts ; 
and the said judge shall thereupon make an order in First dividend. 
writing, under his hand, for a dividend of the said es- 
tate and effects, or of such part thereof as he shall 
think fit, among such of the creditors of the said debtor 
as shall have proved their debts, in proportion to their 
respective debts, which order shall be recorded with 
the other proceedings in the case : provided, however, privileged debts. 
that all debts due by the debtor to the United States, 24.^^°*^'^ 
or to any persons, who, by the laws of the United 
States, or of this Commonwealth, are or may be en- 
titled to a priority or preference with respect to such 



468 



INSOLVENT DEBTORS. 



April 23, 1838. 



Funds may be 
reserved. 



Fourth meeting 
of creditors. 



Accounts of as- 
signees. 



Second dividend. 



Debts proved 
after the first or 
any other divi- 
dend. 



debts out of the estate assigned as aforesaid, shall 
have the benefit of such priority or preference in like 
manner as if this act had not been passed. And if, 
at the time of ordering such dividend, it shall appear 
to the judge probable, that there are just claims 
against the estate, which by reason of the distant 
residence of the creditor, or for other sufficient rea- 
son, have not been proved, the judge shall, in order- 
ing such dividend, leave in the hands of the as- 
signees a sum sufficient to pay to every such absent 
creditor a proportion equal to what shall be then 
paid to the other creditors, which sum shall remain 
thus unappropriated in the hands of the assignees, 
until the final dividend shall be declared, or until the 
judge shall order its distribution. 

Sec. 13. The said assignees shall, at such time 
as shall be appointed by the judge, within eighteen 
months after the appointment of the assignees, make 
a second dividend of the said estate, in case the 
same w^as not wholly distributed upon the first divi- 
dend, and shall give notice of a meeting for that 
purpose, of all the creditors of the debtor, in such 
manner as the judge shall direct; at which meeting 
the creditors who have not before proved their debts, 
shall be allowed to prove the same ; and the ac- 
counts of the assignees shall then be produced and 
examined, as provided in the preceding section, and 
shall be settled by the judge ; and what, upon the 
balance thereof, shall appear to be in their hands, 
shall, by a like order of the judge, be divided among 
ail the creditors who shall then have proved their 
debts, in proportion to their respective debts : pro- 
vided, that no creditor whose debt shall be proved 
at the time of the second, or any after dividend, shall 
be allowed to disturb any prior dividend, but he 



INSOLVENT DEBTORS. April 23, \S3S. 469 

shall be paid so far only as the funds remaining un- 
appropriated in the hands of the assignees, shall be 
sufficient therefor. And if, at the time of appointing Debts and out- 
the meeting for the said second dividend, there shall ty! Vc.^ to bT^^ 
remain in the hands of the assignees any outstand- 
ing debts, or other property due or belonging to the 
estate, which cannot, in tiie opinion of the judge, be 
collected and received by the assignees without un- 
reasonable or inconvenient delay, the assignees may, 
under the direction of the judge, sell and assign 
such debts or other property, in such manner as 
shall be ordered by the judge. And such second frbTLSjlt'"'^ 
dividend shall be final, unless any suit relating to '®*^" 
the estate l)e then depending, or any part of the es- 
tate be outstanding, or unless some other estate or 
eflfects of the said debtor shall afterwards come to 
the hands of the assignees ; in which cases another 
dividend shall be made, by the order of the judge, 
in the manner before provided ; and further divi- je„^d'^^'' '''^'' 
dends shall be made in like manner, as often as oc- 
casion shall require : and at every regular meeting Debts may be 

•• ^ o o proved at any 

of the creditors, those who have not before proved regular meeting. 

their debts, shall be allowed to prove the same. 

And if, after the payment of all debts proved as afore- Surplus. 

said, any surplus shall remain in the hands of the 

assignees, the same shall be paid or re-conveyed to, 

or revest in, the debtor or his legal representatives. 

Sec. 14. The judge, at the commencement of cierk. 
the proceedings in each case under this act, shall 
appoint a clerk, who shall be sworn to the faithful 
discharge of his duty; and the clerk shall keep a Duty of. 
record of all the regular meetings of the creditors, 
and of all the proceedings thereat, and shall pre- 
serve all papers duly filed in the course of the pro- 
ceedings, and perform such other duties appertain- 

60 



47Q 



INSOLVENT DEBTORS. 



April 23, 1838. 



Record. 



Clerk may be re- 
moved. 



Copies of the 
record to be evi- 
dence. 



Judge to attend 
and preside at all 
meetings. 

To adjourn. 



To administer 
oaths. 



Justices may ad- 
minister oaths in 
certain cases. 



Creditors may 
appear, &c. by 
attorney. 



ing to his office, as shall be prescribed by the judge. 
And the record of the proceedings in each case, with 
all the papers filed therein, shall be enclosed togeth- 
er, and, at the termination of the proceedings, shall 
be deposited in the probate office of the county, and 
be there preserved under the care of the register of 
probate. And the judge maj remove the clerk for 
any cause that he shall deem sufficient ; and, upon 
such removal, or upon the death, resignation, or ab- 
sence of the clerk, may appoint another in his place. 
And the certificate of discharge, when granted by 
the judge, shall be recorded at length by the clerk, 
with the other proceedings ; and copies of all parts 
of the said record, duly certified by the register of 
probate, shall in all cases be admissible as evidence, 
prima facie, of the facts therein stated and contain- 
ed. 

Sec. 15. The judge shall attend and preside at 
all meetings of the creditors, and shall regulate the 
proc-eedings thereat; and he may adjourn any meet- 
ing, from time to time, as occasion shall require, and 
all things lawfully done at any such adjourned meeting 
shall be of the like force and effect as if done at the 
original meeting. He shall also have the power to 
administer all oaths that shall be required in the 
course of the proceedings. And if any creditor, who 
shall reside more than ten miles from the place of 
meeting of the creditors, shall be required to make 
oath in support of his claim, such oath may be ad- 
ministered by any justice of the peace, or other per- 
son duly qualified to administer oaths in the place 
or county where the debtor may be ; and every 
creditor who has proved his debt, may appear, vote, 
and act, at all meetings of the creditors, by his at- 



INSOLVENT DEBTORS. April 23, 1838. 471 

tornej, duly constituted, in like manner as if he 
were personally present. 

Sec. 16. There shall be allowed and paid, out Fees. 
of the estate and effects of the debtor, the following 
fees for the respective services hereinafter mention^ 
ed ; that is to say, — 

To the judge, for receiving and allowing the —«o the judge. 
original petition, and issuing his warrant thereon, 
five dollars; and the same sum for every day which 
he may be employed in this duty, — to be apportione d 
among the several causes, if there be more than one, 
on which he may act on the same day. 

To the clerk, for every day's attendance upon or —to the clerk. 
with the judge, on any business arising in such 
causes, a sum not exceeding two dollars per day, — to 
be apportioned as aforesaid ; and such further com- 
pensation for keepins; a record of the proceedings, 
and for any other services performed by him, as the 
judge shall allow. 

To the messenger, such compensation as the — tothemessen- 
judge shall see fit to allow, according to the circum- 
stances of each case; regard being had to the fees 
allowed to sheriffs for like services. 

To every witness, the same fees as are or may be — to witnesses. 
allowed to witnesses in the court of common pleas. 

Sec. 17. Everv master in chancery, in the coun- Masters in chan- 

,.,,.'^ • 1IIII J • '^'^"y '° ^^^^ 

ty for which he is appointed, shall have and exercise same jurisdiction 

II L • • J- • J I • L • «Judgesof pro- 

all the jurisdiction, power, and authority, herein bate. 

before given to the several judges of probate for the 
respective counties; and all the provisions in this act 
contained, in reference to the said judges of probate, 
shall apply to the said masters in chancery respect- 
ively, in like manner as if they had been, in every 
instance, specially mentioned. And in case the One judge, &c. 
judge of probate, or any master in chancery, before place of ano^ther. 



'472 INSOLVENT DEBTORS. April 23,1838. 

whom anj proceedings under this act may be pend- 
ing, shall die, or shall, from anj cause, be absent, or 
unable at any time to attend and perform any of the 
duties required of him, the same duties shall and 
may be performed by any other of the said officers, 
in like manner as if the proceeding;s had been com- 
judge or master meuced before him. And no judge of probate, 

not to be counsel. ^ _ .' o i ' 

master in chancery, or either of said officers, shall, 
in any way, be the counsel or attorney of any party, 
in relation to any matters connected with the pro- 
ceedings under any assignments, over which they 
may have exercised any of the powers given in this 
act. 
s.j.c.tohave Sec. 18. The supreme judicial court shall have 

general superin- ^ '' 

tcndence, &c. a general superintendence and jurisdiction, as a court 
of chancery, of all cases arising under this act ; and 

To make general may, from time to time, make such general rules 
and forms as they shall judge necessary to establish 
and maintain a regular and uniform course of pro- 
ceedings therein, in ail the different counties ; and 

To have equity they shall also havc power, in ail cases which are 

jurisdiction in all . . • 1 1 • i i ^ 

matters of insoi- not hcrcm Otherwise specially provided lor, upon the 
bill, petition, or other proper process, of any party 
aggrieved by any proceedings under this act, to hear 
and determine the case, as a court of chancery, and 
to make such order or decree therein as law and 

One justice may justicc shall require; and all tiie powers granted in 
this section, may be exercised, either by the said 
court, at any law term thereof, or by any one justice 
thereof respectively, in like manner in all respects 
as other chancery powers vested in said court may 

General rules to bv law be excrcised, excepting the power of making 

be made at law -^ ' . . 

term. general rules and forms as aforesaid, which latter 

power shall be exercised only at a law term of said 
court. 



INSOLVENT DEBTORS. April 23, \S3H. 473 

Sec. 19. If any person arrested on nnesne pro- Petition by the 

..,.', ITT creditor of an 

cess m anj civil action tor the sum or one hundred insolvent. 
dollars or upwards, founded upon a demand which, 
in its nature, is proveable against the estate of an 
insolvent debtor, according to the foregoing provis- 
ions of this act, shall not give bail therein on or 
before the return-day of such process; or if any per- imprisonment. 
son shall be actually imprisoned for more than thirty 
days, either upon mesne process or execution, in any 
civil action founded on such contract, for the sum of 
one hundred dollars or upwards; or if any person Attachment. 
whose goods or estate are attached on mesne pro- 
cess in any civil action founded on such contract, 
for the sum of one hundred dollars or upwards, shall 
not, on or before the last day of the term of the 
court to which such process is returnable, dissolve 
the attachment in the manner hereinafter provided ; 

then, and in each of the cases aforesaid, any cred- Creditor's de- 
mand. 
itor, having a demand against such person to the 

amount of one hundred dollars, for which a suit 
might then be brought, and whicli is, in its nature, 
proveable against the estate of an insolvent debtor, 
according to the foregoing provisions of this act, 
may, within ninety days, and not after, apply by 
petition to the judge of probate, or to any master in 
chancery, for the county in which the said debtor 
resides, setting forth the said facts, and praying that 
a warrant may issue, to take possession of the estate 
of the said debtor, and that such further proceedings 
may be had as are herein above provided for dividing 
and distributing the same anlong all the creditors of 
such debtor. And if the facts set forth in such pe- 
tition shall appear to be true, to the judge or the 
master in chancery to whom the same shall be pre- 
sented, he shall forthwith, bv warrant under his 



474 INSOLVENT DEBTORS. April 23, IS3S. 

hand and seal, appoint some suitable person as mes- 
senger, to take possession of all the estate, real and 
personal, of such debtor, in like manner as above 
provided in the first section of this act, with respect 
to the warrant therein mentioned ; and the messen- 
ger shall, in addition to the public notice above 
required in this behalf, give notice to the debtor of 
the issuing of the said warrant, in such manner as 
the judge or master in chancery shall, in the same 
warrant, prescribe. And thereupon the estate of 
the said debtor shall be taken, disposed of, and di- 
vided among his creditors, in like manner as it 
would or ought to be by force of a warrant issued 
according to the first section of this act ; and all the 
proceedings, after the execution of the warrant is- 
sued by force of this section, shall be conducted in 
the same manner as in this act is before provided, in 
reference to proceedings commenced upon the pe- 
tition of the debtor himself. 
Mode of dLssoiv- Sec. 20. Any persou, whose goods or estate 

iiiff an attach -iiii,-.ij • ••i 

tntni. shall be attacned on mesne process in any civil ac- 

tion, may, at any time before final judgment therein, 
dissolve such attachment, by giving bond with suffi- 
cient sureties, to be approved by the court in which 
the action is pending, or by any justice thereof, or 
by any justice of the supreme judicial court, with 
condition to pay to the plaintiff in such action the 
amount, if any, that he shall recover therein, within 
thirty days after the final judgment in such action ; 
and no sureties shall be deemed sufficient for this 
purpose, unless they are satisfactory to the plaintiff 
in the action, or it shall be made clearly to appear 
that each of the sureties, if there are only two, is 
worth a sum equal to that for which the attachment 
is laid : or, if there are more than two sureties, that 



INSOLVENT DEBTORS. April 23, 1838. 475 

they are all together worth twice the sum for which 
the attachment is laid, over and above what will pay 
all their debts. 

Sec. 21. Where two or more persons who are insolvency of 

. partners. 

partners hi trade become insolvent, a warrant may 
be issued in the manner provided in this act, either 
on the petition of such partners or of any one of 
them, or on the petition of any creditor of the part- 
ners ; upon which warrant all the joint stock and 
property of the company, and also all the separate 
estate of each of the partners, shall be taken, except- 
ing such parts thereof as may be by law exempted 
from attachment; and all the creditors of the com- 
pany, and the separate creditors of each partner, 
shall be allowed to prove their respective debts. 
And the assignees in such case shall be chosen by 
the creditors of the company ; and they shall keep 
separate accounts of the joint stock, or property of 
the company, and of the separate estate of each 
member thereof; and after deducting out of the 
whole amount received by the assignees the whole 
of the expenses and disbursements paid by them, the 
net proceeds of the joint stock shall be appropriated 
to pay the creditors of the company, and the net 
proceeds of the separate estate of each partner shall 
be appropriated to pay his separate creditors. And 
if there shall be any balance of the separate estate 
of any partner, after the payment of his separate 
debts, such balance shall be added lo the joint stock 
for the payment of the joint creditors; and if there 
shall be any balance of the joint stock, after the pay- 
ment of the joint debts, such balance shall be divided 
and appropriated to and among the separate estates 
of the several partners, according to their respective 
rights and interests therein, and as it would have 



476 INSOLVENT DEBTORS. April 23, -{SSS. 

been if the partnership had been dissolved without 
any insolvency ; and the sum so appropriated to the 
separate estate of each partner shall be applied to 
the payment of his separate debts. And in all such 
proceedings against partners, each one of them shall 
be entitled to the allowance before provided for the 
maintenance of himself and his family ; and the al- 
lowance on the net produce of the estates, as pro- 
vided in the eighth section of this act, shall be 
computed on the joint estate, and also on each of 
the separate estates, as if there had been a separate 
warrant against each : provided, that neither of the 
partners shall receive in the whole more than five 
hundred dollars. And the certificate of discharge 
shall be granted or refused to each partner, as the 
same would or ought to be if the proceedings had 
been against him alone. And in all other respects 
the proceedings against partners shall be conducted 
in like manner as if they had been commenced and 
prosecuted against one person alone. 
Insolvency of Sec. 22. When the general partners in any lim- 

g-eneral partners . , i • r i i i i 

in a limited part- ited partnership, lormed agreeably to the provisions 
of the thirty-fourth chapter of the Revised Statutes, 
become insolvent, the same proceedings in all re- 
spects may be had, as is provided in the preceding 
section, except that the separate estates and separate 
debts of the special partner in such limited partner- 
ships shall not be subject to any of the proceedings 
against such partnerships. 

Proceedings Sec. 23. hi casc any insolvent shall refuse, or 

where an insol- ill 

vent neglects to Unreasonably neglect to execute any instrument 

of the judge. which he shall be lawfully required, by virtue of this 

act, to execute, pursuant to an order of the judge, 

or shall disobey any lawful order or decree of the 

judge in relation to the settlement of his estate pur- 



INSOLVENT DEBTORS. April 23, 1838. 477 

suant to this act, the judge shall issue his warrant 
to any civil officer, commanding him to arrest and 
commit such debtor to the common jail in the county 
where such debtor may be found, or where he dwelt 
at the time of his insolvency ; and the said debtor 
shall remain in close custody until he shall obey the 
order or decree of the said judge, unless he shall be 
released therefrom by the supreme judicial court, or 
some justice thereof, on a writ of habeas corpus, pur- 
suant to law ; and any assignee appointed by virtue 
of this act, who shall refuse or unreasonably neglect 
to execute any instrument which he shall be law- 
fully required by the judge to execute, or shall diso- 
bey any lawful order or decree of the judge in the 
premises, shall be liable to be committed to, and 
detained in the common jail of the county where he 
may be found, or he dwelt at the time when he was 
appointed assignee, until he shall obey the said order 
or decree, unless he shall be released therefrom in 
manner aforesaid. 

Sec. 24. Any person, who shall have performed Debts for labor 

, , • • I • f • 1 privileged. 

any labor as an operative ui the service or any insol- 
vent, shall be entitled to receive from the assignee 
of such insolvent, the full amount of the wages due 
to him for such labor, not exceeding twenty-five dol- 
lars : provided, that such labor shall have been 
performed within sixty-five days before the insol- 
vency of his employer ; and such debts shall be 
deemed to be preferred debts next after debts due 
to the United States and to the Commonwealth. 

Sec. 25. All the provisions of law inconsistent ah laws mcon- 

' _ sislent, &c. re- 

with the provisions of this act are hereby repealed ; peaied. 
saving all rights which have accrued to any person saving. 
by virtue of the same, which shall be judged and 
61 



478 JURISDIC. CEDED TO U. S. April 23, 1838. 

decided upon in the same manner as if this act had 
not been passed. 

Sec. 26. This act shall go into operation from 
and after the first day of August next. 

[Approved by the Governor, April 23, 1838.] 



CHAP. CLXIV. 

An Act to cede to the United States of America ju- 
risdiction over lands for certain purposes. 

1>E it enacted hy the Senate and House of Rep- 
resentatives, in General Court assembled, and hy the 
authority of the same, as follows : 

Lands described. The jurisdiction of the land purchased bj the Uni- 
ted States of Humphrey Lakeman and others, for the 
sites of two light-houses on Ipswich Beach, in the 
town of Ipswich ; and of the land purchased by the 
United States of Benjamin H. A. Collins and others, 
for the sites of three light-houses, near Nauset Beach, 
in the town of Eastham ; also of the land purchased 
by the United States of Justin Taylor and others, 
for the site of a light-house on Mayo's Beach, in the 
town of Wellfleet, — all in this Commonwealth, — is 
hereby granted to the United States of America, for 
erecting light-houses on the same, and for no other 

Proviso. purpose : provided, that this Commonwealth shall 

retain, and it does hereby retain, concurrent jurisdic- 
tion with the United States, in and over all said land, 
so far that civil and criminal processes issued under 
the authority of this Commonwealth, or any officer 
thereof, may be executed on any part of said land 
or in any building erected thereon, in the same way 



JURISDIC. OF C. C. PLEAS. April 23, 1838. 479 

and manner as if jurisdiction had not been granted as 
aforesaid. 

[Approved by the Governor, April 23, 1838.] 



CHAP. CLXV. 

An Act to enlarge the Jurisdiction of the Court of 
Common Pleas. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The eighty-second chapter of the Re- Sections in Revi- 

° "^ _ •* _ _ sed Statutes re- 

vised Statutes is amended in the sixth section, by peaied. 
striking out the word " one," and inserting in the 
place thereof, " three." 

Sec. 2. The one hundred and twenty-first chap- 
ter of the Revised Statutes is amended in the sixth 
and eleventh sections, by striking out the word 
" one," wherever the same is found, and inserting in 
the place thereof the word "three." 

Sec. 3. This act shall take effect from and after Not to affect ac- 
tions commenced 

the passage thereof, exceptmg as to actions before before passage of 
then commenced. 

[Approved by the Governor, April 23, 1838.] 



480 DRAW IN GREAT BRIDGE. April 23, 1838. 



CHAP. CLXVI. 

An Act to authorize Francis Winship and others to 
construct a Draw in the Great Bridge over Charles 
River, between Cambridge and Brighton, in the 
countj of Middlesex. 

i3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Persons authrr- Sec. 1. Fraucis Winship, Gorham Parsous, Sam- 
uel Brooks, and Edward Sparhawk, and their asso- 
ciates, are hereby authorized to make, at their own 
expense, a good and sufficient draw and passage-way 
in the Great Bridge over Charles River, between 
Cambridge and Brighton, in the countj of Middle- 
sex ; and also to erect such piers on either or both 
sides of said bridge as may be necessary to secure 
the bridge and facilitate the passage of vessels 
through the same, with a leaf or leaves of sufficient 
length and breadth, "with every requisite for raising 

To be approved the Same I and the whole shall be done under the 

by county com- 
missioners, superintendence and to the acceptance of the county 

commissioners of the county of Middlesex. 

Sec. 2. Said draw, piers, leaf or leaves, and 
every requisite for raising the same, after they shall 
have been constructed and provided to the accept- 
ance of the county commissioners, as aforesaid, shall 

To be kept in re- be always thereafter maintained and kept in repair; 

whattowis.^ and said draw shall be raised, and every necessary 
accommodation afforded to vessels having occasion 
to pass through the same, by day or by night, by the 
towns of Cambridge, West Cambridge, Lexington, 
and Brighton, in the same proportions as they are 



NEWTON & ROXBURY. April 23, 1838. 481 

now by law liable to contribute to the support of 
said bridge. 

[Approved by the Governor, April 23, 1838.] 



CHAP. CLXVII. 

An Act to annex a part of the town of Newton to 
the town of Roxbury. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows: 

Sec. 1. William Palmer, Bartholomew White, Persons and 
William Hutchins, Leonard Newton, and Charles nexeV 
Ellis, of Newton, in the county of Middlesex, with 
their polls and estates, and all other lands within a 
line beginning on the southeast corner of said New- Dividing tines 

^ , II II- described. 

ton, at a stone post, where the same meets the hne 
of the towns of Roxbury and Brookline, and running 
north, thirty-seven and an half degrees west, two 
hundred and eighty-five rods, to a Savin tree, mark- 
ed ; thence turning and running south, fifty-six de- 
grees west, two hundred and sixty-four rods ; thence 
turning and running south, forty-seven degrees west, 
three hundred and twenty rods, to Charles River, — 
are hereby set off from the town of Newton and an- 
nexed to the town of Roxbury, in the county of Nor- 
folk. 

Sec. 2. The land herebv set off from Newton to Topaytaxes as- 

■^ _ ^ sessed prior to' 

Roxbury, and the persons residing thereon, shall be passage of act, 

J ^ I- =" to town of New- 

liable to pay, and shall pay, their just proportion of 'on- 
all taxes which shall have been assessed on said 
town of Newton, prior to the passage of this act, in 



482 



AMERICAN FACTORY. 



April 2^, 1838. 



the same manner as though the same had not been 
passed. 

[Approved by the Governor, April 23, 1838.] 



Persons incorpo- 
lated. 



Goods to be 
manufactured. 



Estate. 



CHAP. CLXVIII. 
An Act to incorporate the American Factory. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, asfolloivs : 

Sec. 1. Ephraim Harrington, Thomas Simmons 
and George Hill, their associates and successors, are 
hereby made a corporation, by the name of the Amer- 
ican Factory, for the purpose of manufacturing silk, 
cotton and linen, and goods of which silk, cotton or 
linen are component parts, in the town of Roxbury, 
and county of Norfolk ; and for this purpose, shall 
have all tiie powers and privileges, and be subject to 
all the duties, liabilities and restrictions, contained in 
the thirty-eighth and forty-fourth chapters of the 
Revised Statutes. 

Sec. 2. The said corporation may hold, for the 
purposes aforesaid, real estate to the amount of fifty 
thousand dollars ; and the whole capital of said cor- 
poration shall not exceed the sum of one hundred 
and fifty thousand dollars. 



[Approved by the Governor, April 24, 1838.] 



RIPLEY'S WHAKF. April 24, 1838. 483 



CHAP. CLXIX. 

An Act to regulate the maintenance and repair of 
bridges over Mill River, between the towns of 
Upton and Milford, in the county of Worcester. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The town of Upton shall maintain and Bridge to be 

^ niainiamed, &c. 

keep in good repair, the bridge over Mill river, run- ^y 'o^'" °f Up- 

ning between said Upton and Milford, near the house 

of Ebenezer W. Wood, in said Milford, and the road ' 

at said bridge to the distance of two rods easterly 

from the centre of said river, and shall pay to the 

town of Milford, the sum of nine dollars. 

Sec. 2. The town of Milford shall maintain, and Bridge tobe 

' maintained, &c. 

keep in good repair, the bridge over said Mill river, Jy^ownofMii- 
'near the house of Joel Taft, in said Upton, and the 
road at said bridge, to the distance of two rods, west- 
erly from the centre of said river. 

[Approved by the Governor, April 24, 1838.] 



CHAP. CLXX. 

An Act authorizing Robert Ripley to extend his 

Wharf. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Robert Ripley, proprietor of a certain wharf in wharf tobe ex- 

, ,1 r T-. r • /-n tended to line es- 

the northerlv part or boston, rronting on Lommer- tabiisiied by the 

*' , . act. 

cial street, and lying between Comey's wharf and 



484 CUMMINGTON MANU. CO. April 24, 1838. 

Gray's wharf, is hereby authorized to extend and 
maintain his said wharf into the harbor channel as 
far as the line established by the act entitled " an 
act to preserve the harbor of Boston, and prevent 
encroachments therein," passed on the nineteenth day 
of April, in the year one thousand eight hundred and 
thirty-seven, and that he shall have the right and 
privilege of laying vessels at the north-westerly side 
and the end of said wharf, and of receiving dockage 
wharfso extend- and wharfagc therefor: provided, that so much of 

ed to be built on . , , ~ i 1 1 i i i i • i 1 1 

piles. said wnari as shall be erected under this act shall 

be built on piles, and that this grant shall in no wise 
interfere with the legal rights of any person or per- 
sons whatever. 

[Approved by the Governor, April 24, 1838.] 



CHAP. CLXXI. 

An Act to incorporate the Cummington Manufac- 
turing Company. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Persons incorpo- Sec. 1. Scth WilHams, Johu WiUiams, and 
Hinckley Williams, and their associates and succes- 
sors, are made a corporation, by the name of the 
Cummington Manufacturing Company, for the pur- 
Goods tobeman- pose of manufacturing cotton and woollen goods, in 

ufactured. , r r^ • i n rt 

the town or Cummington, and county or Hamp- 
shire, and for this purpose shall have all the powers 
and privileges, and be subject to all the duties, re- 
strictions and liabilities, set forth in the thirty-eighth 
and forty-fourth chapters of the Revised Statutes. 



INDIA FIRE & MAR. INS. CO. April 24, 1 838. 485 

Sec. 2. Said corporation may hold, for the pur- Estate, 
pose aforesaid, real estate to the amount of fifteen 
thousand dollars ; and the whole capital of said cor- 
poration shall not exceed the sum of fifty thousand 
dollars. 

[Approved by the Governor, April 24, 1838.] 



CHAP. CLXXII. 

An Act to repeal the Charter of the India Fire and 
Marine Insurance Company. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The act incorporating the India Fire and 
Marine Insurance Company, passed the twienty-fifth 
day of March, in the year one thousand eight hun- 
dred and thirty-four, the act in addition thereto, ' 
passed the nineteenth day of March, in the year one 
thousand eight hundred and thirty-five, and the act 
in further addition thereto, passed the sixth day of 
April, in the year one thousand eight hundred and 
thirty-six, are hereby repealed : provided, that no- Corporation not 

, . . , . 1111 1 , , to be exempted 

thmg m this act shall be so construed as to absolve from liabilities. 
said corporation or any officer or stockholder there- 
of, from any liability created by the acts hereby re- 
pealed. 

Sec. 2. This act shall take effect from and after 
its passage. 

[Approved by the Governor, April 24, 1838.] 
62 



486 PRISON POINT HIGHWAY. April 24, 1838. 

CHAP. CLXXIII. 
An Act to repeal the Charter of the Roxbury Bank. 

jjE it enaeted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows: 

Sec. 1. An act entitled "an Act to incorpo- 
rate the President, Directors and Company of 
the Roxbury Bank," passed the thirteenth day of 
April, in the year one thousand eight hundred and 
Corporation not thirtv-six, is hercbv repealed : provided, that no- 

to be exempted ... . 

from liabilities, thing in this act contained shall be so construed as 
to release or absolve the said corporation or any di- 
rector or stockholder thereof, from any liability cre- 
ated by any provision of the act hereby repealed. 

Sec. 2. This act shall take effect from and after 
its passage. 

[Approved by the Governor, April 24, 1838.] 

CHAP. CLXXIV. 

An Act in relation to a Highway from Prison Point 
to Lechmere's Point. 

oE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
County commis- Sec. 1. The Couuty Commissioncrs for the 

sioners authoriz- /.t.«^. tti i i I'l i 

ed. County of Middlesex are hereby authorized and 

empowered to lay out a highway from Prison Point, 
in Charlestown to Lechmere's Point, in Cambridge; 
and said Commissioners, in all their proceedings in 
relation to said highway, shall be governed by the 



BANK OF NORFOLK. April 24>, \S38. 487 

provisions of the twentj-fourth chapter of the Re- 
vised Statutes. 

Sec. 2. Said County Commissioners shall cause Draw to be buut. 
to be built in any dam or bridge which shall be laid 
out as a part of said highway, a good and sufficient 
draw, for the passage of vessels, not less than twen- 
ty-seven feet wide ; and the said draw shall be kept 
in good repair, and raised at all times for the passage 
of vessels, at the expense of the towns of Charles- Tobekeptatex- 
town and Cambridge; and the said towns shall, in fown^ and ''cam- 
relation to said highway, be subject to all the duties " ^^' 
and liabilities, and have all the powers and privileges 
set forth in the twenty-fourth chapter of the Revised 
Statutes in relation to Highways. 

[Approved by the Governor, April 24, 1838.] 

CHAP. CLXXV. 

An Act to repeal the Charter of the Bank of Nor- 
folk. 

I3E it etiacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. An act entitled an Act to incorpo- corporation mst 

1 i-» • 1 T-v 1 /-( ^ , to be exempted 

rate the rresident, Directors and Company or the from liabilities. 
Bank of Norfolk, passed on the fourth day of 
March, in the year one thousand eight hundred and 
twenty-six, is hereby repealed : provided, that no- 
thing in this act contained shall be so construed as 
to release or absolve the said corporation, or any di- 
rector or stockholder thereof, from any liability cre- 
ated by any provision of the act hereby repealed. 

Sec. 2. This act shall take effect from and after 
its passage. 

[Approved by the Governor, April 24, 1838.] 



488 MANUFACTURING CORP'S. April 24, 1838. 



CHAP. CLXXVI. 

An Act to extend the time for completing the Nashua 
and Lowell Rail-road. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The time for completing the Nashua and Lowell 
Rail-road is hereby extended for the term of one 
year. 

[Approved by the Governor, April 24, 1838.] 



CHAP. CLXXVIl. 

An Act concerning Manufacturing Corporations. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Whenever any cor])oration, which may 

now be subject to the provisions of the thirty-eighth 

chapter of the Revised Statutes, shall have become 

In case of insoi- insolvent, and have assigned its propertv for the 

vency. , . . . i i ^ 

benefit of creditors, no liability shall attach to any 

stockholder, in such corporation, in consequence of a 

Stockholders not failure, after such assignment, to give the annual no- 

ohliged to give ' . . 

annual notice, jj^g required by the twenty-second section of said 
chapter. 

Sec. 2. This act shall take effect from and after 
its passage. 

[Approved by the Governor, April 24, 1838.] 



INSURANCE COMPANIES. J^n7 24, 1838. 489 

CHAP. CLXXVIII. 

An Act concerning Insurance Companies. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The directors of every Marine, or lire Directors to re- 

J1l,r-I r- "xU.UU quire quarterly 

and Marine Insurance Lompanj, that has been, or statements. 
that shall hereafter he, incorporated in this Common- 
wealth, shall require quarterly statements to be 
made and submitted to them, showing the actual 
condition of the company, signed and sworn to by 
the president and secretary. And if upon such wiien the capital 

, ,, , , . , I r* stock is reduced, 

statement it shall appear that the capital stock or risks to be corres- 

I • 1 1 • I I 1 pondingly re- 

ally such company is reduced, either l)y losses on duced. 

risks insured against, by depreciation in the value 
of its investments, or other cause, the president and 
directors shall forthwith reduce, correspondingly, the 
amount of subscription to be made thereafter, on any 
one risk ; graduating such rate of subscription by 
the limitations now prescribed, by the twenty-first 
section of the thirty-seventh chapter of the Revised 
Statutes, and subsequent acts, incorporating insur- 
ance companies ; and so continue such reduced 
rate of subscription, conformably to said quarterly 
returns respectively, until the capital stock shall be 
restored to the original amount, and invested accord- 
ing to law. If the said president and directors shall J[rtct1rrs\o"bl 
fail to comply with the provisions of this section, the iy|'-'&,cV° ''*^''' 
same liability shall attach to them, as is provided in 
the eighteenth section of the thirty-seventh chapter 
of the Revised Statutes. 

Sec. 2. Instead of the returns now required by Time for making 

^ _ "^ up annual returns 

"an Act to cause the several Insurance Companies prescribed. 



490 



INSURANCE COMPANIES. April 24>, 1838. 



Form of return 
to be made to 
Secretary of 
Commonwealth. 



to make annual returns," passed the eighteenth day 
of April, one thousand eight hundred and thirty- 
seven, the secretary of each insurance company 
shall make annual returns of the state and con- 
dition of the affairs of liie company, made up to 
the first day of December, in each year, according 
to the following form : — 



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which he shall transmit to the secretary of the Com- 
monwealth, as required by said act. 
Secretary to fur- Sec. 3. The Secretary of the Commonwealth 

nish copies of _ _ *' _ 

form of return, shall fumish two printed copies of the form of the 
return, required by the preceding section, to the sec- 
retary of each insurance company, in the month of 
October, annually. 



[Approved by the Governor, April 24, 1838.] 



WEYMOUTH IRON CO. April 24>, IS3S. 491 



CHAP. CLXXIX. 

An Act to revive the New Bedford and Fall River 
Rail-road Company. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled^ and by the 
authority of the same, as follows: 

The act to incorporate the New Bedford and 
Fall River Rail-road Company, passed April the 
sixteenth, in the year one thousand eight hundred 
and thirty-six, is hereby revived and continued in 
force; any thing in the seventh section of said act to 
the contrary notwithstanding ; and the limitations Limitations in 

•' '~> ' lormer act ex- 

contained in said seventh section are hereby extend- tended. 
ed for the term of two years. 

[Approved by the Governor, April 24, 1838.] 



CHAP. CLXXX. 

An Act in addition to an Act to incorporate the 
Weymouth Iron Company. 

13 E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

The Weymouth Iron Company are hereby author- Authorized to 

. . manufacture 

ized and empowered to manufacture copper in its copper. 
various branches. 

[Approved by the Governor, April 24, 1838.] 



492 



CITY OF LOWELL. 



April 24^, 1838. 



CHAP. CLXXXL 

An Act in addition to an Act to establish the City 
of Lowell. 



Number to con- 
stitute a quorum 
of common coun- 
cil. 



Special board of 
overseers of 
poor, how com- 
posed. 



Bonds may be 
required of con- 
stables. 



In prosecutions, 
complaint, how 
to be set forth. 



Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows: 

Sec. L Thirteen members of the common coun- 
cil, of the city of Lowell, may constitute a quorum 
for the transaction of business. 

Sec. 2. All the powers and duties now by law 
incumbent upon the mayor and aldermen, as over- 
seers of the poor, are hereby vested in a special 
board, to consist of the mayor, two members of the 
board of aldermen, to be elected by that board, and 
six members of the common council ; one member 
from each ward in the city, to be elected on the part 
of said council. 

Sec. 3. The mayor and aldermen may require 
that any person, who may hereafter be appointed a 
constable of said city, shall give bonds to the city, 
with such security and to such amount as they may 
deem reasonable and proper, before he shall be enti- 
tled to enter upon the execution of said office ; upon 
which bonds the like proceedings and remedies may 
be had, as are by law provided in case of sheriffs' 
bonds in this Commonwealth. 

Sec. 4. In all prosecutions, by complaint, before 
the police court for the city of Lowell, founded on 
the special acts of the Legislature, or the ordinances 
or by-laws of the city of Lowell, it shall be sufficient 
to set forth in such complaint the offence, fully and 
plainly, substantially and formally; and in such 



DAYS OF GRACE. April 2b, 1838. 493 

complaint it shall not be necessary to set forth such 
special act by law, ordinance, or any part thereof. 

Sec. 5. The city council may make and estab- city council may 

111 1 • regulate inspec- 

Iish necessary or fit rules and by-laws, regulating the Uon, &c. ofium- 
inspectioi), measurement, survey and sale of lumber, 
of every description, brought into or offered within 
said city for sale. 

Sec. 6. The meeting; for the election of the Meeting for eiec- 

, . , . tion of ward of- 

several ward officers, enumerated in the nineteenth fleers, wheat© 

I'll- • • IT- ^^ ''^''^" 

section of the act to which this act is in addition, 
shall be held on the first Monday of March, in each 
year, and shall, in all other respects, be conducted 
in the same manner as is now provided by the afore- 
said section. 

Sec. 7. The convention of the two branches of Convention of 

city council may 

the city council, provided for in the fifteenth section beheidinOcto- 
of the act to which this act is in addition, may be 
held at any time during the month of October, an- 
nually. 

Sec. 8. All parts of the aforesaid act which may 
be inconsistent with the provisions of this additional 
act, are hereby repealed. 

[Approved by the Governor, April 24, 1838.] 



CHAP. CLXXXII. 

An Act relating to Days of Grace on Commercial 
Paper, in certain cases. 

He it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

In all cases where bills of exchange, drafts, or when payable. 
promissory notes shall become due and payable on 
Sunday, on the annual thanksgiving and fast days, 
63 



494 ORIENTAL BANK. Jpril 25, IS3S. 

or on the fourth day of July, the same shall be pajr 

able on the day next preceding such Sunday, annual 

thanksgiving and fast days, and fourth day of July ; 

When protested aud in cBse of non-oayment may be noted and pro- 

for non-payment. i-t '771 -in 

tested on such precedmg day : provided, that it shall 

not be necessary for the holder or holders of such 

bills of exchange, drafts or promissory notes to give 

When notice of uoticc of the dishonor thereof, until the day next 

dishonor to be ^ 101 1 i • • ^ r ^ 

given. alter such bunday, thanksgiving and last days, or 

fourth day of July ; and every such notice so given 
shall be valid and effectual to all intents and pur- 
poses. 

[Approved by the Governor, April 25, 1838.] 



CHAP. CLXXXIII. 
An Act to repeal the Charter of the Oriental Bank. 

J3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The act entitled "an act to incorporate 
the President, Directors and Company of the Ori- 
ental Bank," in Boston, passed on the twenty-third 
day of June, in the year one thousand eight hundred 
and thirty-one, and an act entitled " an act to in- 
crease the capital stock of the Oriental Bank, in 
Boston," passed on the twenty-eighth day of Febru- 
ary, in the year one thousand eight hundred and 
thirty two, are hereby severally repealed : provided, 
Corporation noi that uothiug herein contained shall be so construed as 
fronfuS^el to absolvc Said corporation, or any director or stock- 
holder thereof, from any liability created by the 
several acts hereby repealed. 



PROBATE BONDS. April 2B, ISSS. 495 

Sec. 2. This act shall take effect from and after 
its passage. 

[Approved by the Governor, April 25, 1838.] 

CHAP. CLXXXIV. 

An Act concerning Suits on Probate Bonds. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Whenever any judge of probate shall be when judge of 

. . J . probate is an 

an obligor as executor, administrator, guardian or obligor, &c., on 

* ' . . any bond. 

trustee, or as surety for any executor, administrator, 
guardian or trustee, in any bond given to any former 
judge of probate in his said capacity, or his succes- 
sor in that office, anv suit upon such bond authorized How suit is to bo 

" ^ r-» • 1 CI brought on such 

by the seventieth chapter of the Revised Statutes, bond. 
may be brought in the name of the judge of probate, 
mentioned in said bond, bis executors or administra- 
tors. 

Sec. 2. The register of probate, for the county Register to au- 

. I • I thorize such suit. 

in which the said bond was given, may authorize the 
suit thereon in the same manner and upon the same 
conditions as the judge of probate may do in other 
cases. 

[Approved by the Govetnor, April 25, 1838.] 



496 ATTACH. OF REAL ESTATE. April 26, 1838. 

CHAP. CLXXXV. 

An Act to reduce the Capital Stock of the Citizen's 
Bank at Worcester. 

JjE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Amount to be re- Sec. 1. The President, Directors and Compa- 
nj of the Citizen's Bank, at Worcester, are hereby 
authorized to reduce their present capital stock to 
the sum of two hundred and fifty thousand dollars : 

Proviso. provided, that the said corporation, as part of said 

reduction, shall cancel and destroy the certificates of 
stock now holden by them in their own name, 
amounting to the sum of two hundred and twenty- 
three thousand and one hundred dollars. 

Sec. 2. This act shall take effect from and after 
its passage. 

[Approved by the Governor, April 25, 1838.] 

CHAP. CLXXXVI. 

An Act concerning the Attachment of Real Estate. 

a E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Original writ or Whenever an attachment of real estate on mesne 

copy to be depos- i 1 1 i i • • i 1 1 i i 

ited with clerk of process shall be made, on any writ, it shall be the 
duty of the officer, making such attachment, to de- 
posit in the office of the clerk of the court, for the 
county in which the lands lie, the original writ, or a 
copy thereof, together with so much of his return 



BARTLETT'S WHARF. April 25, 1838. 497 

as relates to the attachment of such estate, duly cer- 
tified by him ; and he shall be entitled to receive four officer's fees. 
cents a mile for his travel, to be computed from the 
place of service to the office of the said clerk, to- 
gether with the fee established by law for such copy. 

[Approved by the Governor, April 25, 1838.] 



CHAP. CLXXXVII. 

An Act authorizing James Bartlett to extend his 
Wharf. 

JJE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

James Bartlett, proprietor of certain wharves in wharftobeex- 

% • r Ti c • r~< • 1 tended to line es- 

tne city or rJoston, fronting on Commercial street, tabiished by act, 
and lying between Atkins' wharf, formerly called 
Proctor's wharf, and Gray's wharf, is hereby em- 
powered and authorized to extend and maintain his 
said wharves into the harbor channel, as far as the 
line established by the act entitled an act to pre- 
serve the harbor of Boston, and to prevent encroach- 
ments therein, passed on the nineteenth day of 
April, in the year one thousand eight hundred and 
thirty-seven ; and shall have and enjoy the right and 
privilege of laying vessels at the sides and ends 
of the said wharves, and receiving dockage and 
wharfage therefor : provided, that so much of said wharfsoextend- 

, I • • 1 I I I II ed, to be built on 

wharves as may be constructed in said channel shall piles. 
not be built otherwise than on piles, below low- 
water mark, and shall be within the boundary lines 
of the upland belonging to the said Bartlett, contin- 
ued to said line established by said act : and pro- Restrictions. 



49« SPECIE PAYMENTS. April 25, \S3S. 

vided, that this grant shall in no wise interfere with 
the legal rights of" any other person or persons what- 
soever, and that nothing herein contained shall be 
construed to affirm or deny the right of the proprie- 
tor of Gray's wharf to any part of said wharf which 
would prevent the extension of Bartlett's wharf 
straight to the line aforesaid. 

[Approved by the Governor, April 25, 1838.] 



CHAP. CLXXXVIII. 

An Act to aid the Banks in resuming Specie Pay- 
ments. 

j3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Operation of por. Sec, 1. The Operation of the twenty-ninth sec- 
tion of the Re vis- ^ ' 
ed Statutes sus- tiou of the thirty-sixth chapter of the Revised Stat- 

pended. •' J 

utes is hereby suspended till the first day of Janua- 
ry, in the year one thousand eight hundred and 
Proviso respect- thirty-uiue I provided, that no bank in the city of 
ton. ^" '" ° Boston, which shall not redeem its bills of the de- 
nomination of five dollars and under, in gold or sil- 



Proviso respect- vev, ou demand ; and that no bank out of the city 

Boston. of Boston which shall not redeem its bills of a less 

denomination than three dollars, in gold or silver, on 

Further pro vis- demand : and no bank whatever which shall have in 

ions to entitle ' 

of act.^° ''*'"^^' circulation an amount of bills greater than seventy- 
five per cent, of its capital stock ; or which shall 
have due to it a sum greater than one and three 
fourths of its capital stock, (except balances due 
from other banks ;) or whose capital stock has not 



UNION OF SCHOOL DIST'S. April 25, 1838. 499 

been all paid in according to law, shall have the ben- 
efit of this act. 

Sec. 2. This act shall take effect from and after 
its passage. 

[Approved by the Governor, April 25, 1838.] 



CHAP. CLXXXIX. 

An Act concernino; the Union of School Districts. 

j3E it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. Any two or more contiguous school dis- Proceedings re- 

•^ " _ quired to be had 

tricts, in this Commonwealth, may associate together for forming union 

. . . , . , . of districts. 

and form a Union District, for the purpose of main- 
taining a union school, to be kept for the benefit of 
the older children of such associated districts, if the 
inhabitants of each of such districts shall, at legal 
meetings called for that purpose, agree to form such 
union by a vote of two-thirds of the legal voters 
thereof. 

Sec, 2. Every Union District thus formed, shall Union districts to 

constitute a body 

be a body corporate, with the corporate powers of corporate. 
other school districts, in relation to prosecuting and 
defending suits at law, and holding real and person- 
al property, and shall, be called by such name as said 
district at its first meeting shall determine. 

Sec. 3. The first meeting of such Union Dis- First meeting, 

, ,, , 11 1 • I 1 I ■ how to be called. 

trict shall be called m such manner and at such time 
and place as may be agreed upon by the associated 
districts, respectively, by a vote of the same, at the 
time of forming the Union ; and the Union District 
may, from time to time, thereafter, prescribe the mode 
of calling and warning the meetings thereof, in like 



600 UNION OF SCHOOL DIST'S. April 25, 1838- 

manner as other school districts may do, and may 
also determine at what time its annual meetings 
shall be held. 

To choose clerk, Sec. 4. Such Union District, at the first meet- 
ing thereof, shall choose, by ballot, a clerk, who shall 
be sworn in the same manner and shall perform the 
same duties as are prescribed in relation to the clerks 
of other school districts, and shall hold his office un- 
til another shall be chosen in his stead. 

Way raise money. Sec. 5. Such Uuion District may, at any legal 
meeting, called for that purpose, raise money for 
erecting, purchasing, renting and repairing any build- 
ing to be used as a school-house for the union school, 
aforesaid, and purchasing or renting land for the use 
and accommodation thereof; also, for purchasing fuel, 
furniture, and other necessary articles for the use of 
said school, and in assessing and collecting a tax or 
taxes for the above purposes, the like proceedings 
shall be had as are prescribed by law for other school 
districts: said district may also determine where said 

In what case, lo- school-house shall Stand, and in case the location 

cation of school- 
house lo be refer- thereof should not be so determined by said district, 

red to selectmen. •' ' 

the same shall be referred to the selectmen of the 
town, in the same manner as is provided in the case of 
other districts : said district may choose any commit- 
tee to carry into effect the provisions aforesaid. 

Prudential com- SeC. 6. The prudcUtial committees of the re- 

mittees, how to be . T^-^r • .1 TT* T-\' • III 

constituted. spcctivc districts tormmg the Union District, shall, 
together, constitute the Prudential Committee of said 

Powers & duties, district, who shall have all the powers, and discharge 
all the duties, in relation to said school and the 
school-house of said district, as are prescribed to 
other prudential committees in relation to the schools 
and school-houses in their respective districts. 

Further duties. Sec. 7. The Prudential Committee of the Union 



REAL ESTATE OF MINORS. April 25, 1838. 501 

District, shall also determine the ages and qualifica- 
tions of the children of the associated districts who 
may attend the Union school, and shall also deter- 
mine what proportion of the money raised and ap- 
propriated by the town for each of the districts com- 
posing the Union District, shall be appropriated and 
expended in paying the instructer or instructers of 
the Union school ; subject, however, in both the Their doings to 

. be subject to the 

above cases, and in all other matters relatmg to saicl votes of districts. 

school, to any votes of said Union District that may 

be passed at any legal meeting thereof: provided, Proviso. 

however, that the schools in each of the associated 

districts shall continue to be maintained in the same 

manner as if this act had not been passed. 

Sec. 8. The School Committee of the town in school committee 

of towns, their 

which such Union District may be located shall have powers and du- 

•' . , ties relative to 

the same powers, and perform the same duties in re- Union districts. 
lation to such Union school as are prescribed to 
them in relation to other district schools. 

[Approved by the Governor, April 25, 1838.] 



CHAP. CXC. 

An Act concerning the Sale of the Real Estate of 

Minors. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The estate of any minor may be sold for Estate of minor 

•^ •' may be sold. 

the purpose of investing the proceeds as is provided 
in the seventy-second chapter of the Revised Stat- 
utes, upon the petition and representation of any u^°° peiii«on of 
friend of the minor, although such petitioner be not 
the legal guardian; and in such case, the court may 
64 



602 CHANGE OF iNAMES. April 25, 1838. 

Who may beau- authorize the guardian or any other suitable person, 

thorized by court i i i i • 

to sell. to convey the estate; and also when the sale is or- 

dered on the. petition of the guardian of a minor, the 
court mav, in their discretion, authorize any suitable 
person, other than the guardian, to sell and convey 

Rules prescribed the cstatc. And all the rules which are in said sev- 
enty-second chapter prescribed with regard to a li- 
cense on the petition of the guardian, and a sale by 

Disposition of him, excepting as to the disposition of the proceeds 
of the sale, shall be applied to a license and sale un- 
der this act. 

In case of sale by Sec. 2. lu casc of a Sale bv any person, other 

person not a . ... 

guardian. than the guardian, as provided in the preceding sec- 

Proceedsofsaie, tiou, the procccds of the sale shall be forthwith paid 

how to be invest- ^ _ 

ed. over to the guardian, if there be any, to be by him 

put out and invested in like manner as if the sale had 
been made by himself under the provisions of the 
said seventy-second chapter ; and if there be no guar- 
dian, the proceeds shall be put out and invested by 
the person who is authorized to sell the estate, in 
like manner as is required to be done by a guardian, 
when the sale is made by him. 

[Approved by the Governor, April 25, 1838.] 



CHAP. CXCI. 

An Act to change the Names of the several persons 
therein mentioned. 

jjE it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Suffolk. John Bailey may take the name of John Adams 

Bailey ; Elizabeth Lewis may take the name of 
Frances Elizabeth Dunnells ; Henry Andrews may 



CHANGE OF NAMES/ April 25, I S3S. 503 

take the name of Henry Richmond Andrews ; Len- 
dol Enoch VV. Freeman Witham, Delania T. VVi- 
tham, and Dorcas Witham, may severally take the 
surname of BVeeman ; William King may take the 
name of William Taubert King ; Albert Richardson 
may take the name of Albert Louis Richardson ; 
Mary Catharine Fitzgerald may take the name of 
Mary Ellen Bryant ; Mary Goddard may take the 
name of Mary Jane Goddard ; Anna Carpenter may 
take the name of Anna Swinerton ; Margery Tirrill 
may take the name of Mary Tirrill ; Charles Rice 
may take the name of Charles Brooks Rice; Sam- 
uel Langmaid may take the name of Samuel Prentis 
Langmaid ; Sarah Merrill may take the name of 
Sarah Jane Winship; Isaac Crockett may take the 
name of Daniel Wright; Elbridge West may take 
the name of Elbridge Gerry West ; Francis Hatstat 
may take the name of Francis Wade ; Mary Chad- 
wick Sprague may take the name of Mary Elizabeth 
Sprague ; Abner Shelley, Belinda Shelley and Dan- 
iel H. Shelley may severally take the surname of 
Shirley ; James Browne may take the name of 
James Henry Browne — all of the city of Boston, in 
the county of Suffolk. Peter Russell, of Lynn, may Essex. 
take the name of Orin Russell; Ebenezer Hart, Jr. 
of Lynnfield, may take the name of Charles Henry 
Granville ; John Barnard, 3d, of Andover, may take 
the name of John Clark ; Joseph Tiplady, of Salem, 
may take the name of Joseph Taylor ; Hannah 
Sewell Riley, a minor, of Newburyport, may take 
the name of Hannah Sewell Dimmick; Oliver Wil- 
liam Philpot, of Methuen, may take the name of 
William Freeman ; Thomas Philpot, of Methuen, 
may take the name of Thomas Freeman ; Ann Peat, 
of Manchester, may take the name of Ann Hardj 



504 CHANGE OF NAMES. April 25, IS3S. 

Smith; Daniel Wheeler Tuttle, Jr., of Gloucester, 
may take the name of Daniel Wheeler; Addison 
Rust, of Manchester, may take the name of Addison 
Clarendon : Billy Patch, of Beverly, may take the 
name of William Amma Patch ; John Graham Mil- 
grove, of Rowley, may take the name of John Fel- 
ton ; Benjamin Pickett, of Rowley, may take the 
name of Benjamin Franklin Pickett; Polly Eaton 
Parker, of Bradford, may take the name of Mary 
Hathorne Parker; George Henry Eye, of Lynn, a 
minor, may take the name of George Henry Brack- 
ett ; Lucy Mary Jewett, of Ipswich, may take the 
name of Lucy Mary Woodbury ; Mary Gould, of 
Ipswich, may take the name of Mary Jane Gould ; 
Harriet Caldwell, of Ipswich, may take the name of 
Harriet Frances Caldwell ; Mary Harris, of Ipswich, 
may take the name of Mary Elizabeth Harris ; 
Elizabeth Hiddon Harris, of Ipswich, may take the 
name of Sarah Elizabeth Harris; Samuel Heath, of 
Bradford, may take the name of Samuel S. Heath; 
Hariet B. Smith, of Bradford, may take the name of 
Sarah Jane Smith ; John Kinsman, of Ipswich, may 
take the name of John C. Kinsman — all of the county 
Middlesex. ofEssex. Aldcu Wiuu, a miuor, of Coucord, may take 
the name of Alden Bradford Winn; Flmira Coombs, 
of Charlestown, may take the name of Helen Amanda 
Herbert; Jackson Ames, of Pepperell, may take the 
name of Asa Jackson Ames ; Simeon Blanchard, of 
Cambridge, may take the name of Simeon Tenney 
Blanchard ; Charlotte Pamelia Pike, of Charles- 
town, may take the name of Charlotte Pamelia Cut- 
ter ; Van Rensellaeir Osborn Jewell, of Marlbo- 
rough, may take the name of Lewis Rensellaier 
Jewell ; Joseph Skinner, of Holliston, may take the 
name of Joseph Oberlin Skinner; Jonathan Edward 



CHANGE OF NAMES. April 25, 1838. 605 

Gay, of Weston, may take the name of Edward 
Austin Gay ; Michael Gay Brackett, of Weston, 
may take the name of Henry Gay Brackett ; Mary 
Ann Bettis, of Charlestown, may take the name of 
Mary Ann Eaton Campbell — all of the county of 
Middlesex. James S. Gilbert, of West Brookfield, Worcester. 
may take the name of James Snow Sherman ; 
George Henry Beebe, of Auburn, a minor, may take 
the name of George Henry Banner ; Henry Nind, 
of Harvard, may take the name of Charles Henry; 
Margaret Pollard, of Harvard, may take the name 
of Margaret Elizabeth Franklin Pollard ; Minerva 
Chamberlin, of Southborough, may take the name 
of Minerva Wilder Chamberlin; Ezra Kendall, of 
Templeton, may take the name of Ezra Clay Ken- 
dall ; James Toole, and Julia Ann Toole, of Auburn, 
may severally take the surname of Thompson; Silas 
Wood Smith, of Holden, may take the name of Si- 
las Smith Hall ; Samuel Witt, of Shrewsbury, may 
take the name of Samuel De Witt ; Sarah Eliza- 
beth Dwight Witt, of Shrewsbury, may take the 
name of Sarah Elizabeth Dwight De Witt; Harriet 
D. Flagg, of Boylston, a minor, may take the name 
of Caroline Flagg; Paul Wheelock, of Charlton, 
may take the name of John Adams Wheeler ; Elisha 
Dorance, of Spencer, may take the name of Elisha 
D. Clark; James C. Clapp, of Petersham, may take 
the name of Ai Wood ; Manasseh Sawyer Gerry, of 
Harvard, may take the name of Henry Albert Ger- 
ry ; Oliver Burgess, of Harvard, may take the name 
of Oliver Warren Whitcomb ; Dolly Wheeler, 2d, 
of Bolton, a minor, may take the name of Dolly 
Marion Wheeler ; Moses Chase, Jr., of Sterling, 
may take the name of Mervine Wilbur Chase ; Ed- 
win M. Cutler, of Shrewsbury, may take the name 
of Edwin Miranda Garfield ; Eliza Jane Sibley, of 



CHANGE OF NAMES. 



April 25, IS3S. 



Spencer, a minor, may take the name of Ruth Eliza 
Siblej; Joseph Faxon Seaver, of Northborough, 
may take the name of Joseph Napoleon Seaver ; 
George Ordvvay, of Fitchburg, may take the name 
of George Henry ; Alfred Ordway, of Fitchburg, 
may take the name of Alfred Rufus ; Joshua Ken- 
dall, of Boylston, may take the name of Sanford 
Mason Kendall ; Hyram Smith, of Oxford, may take 
the name of Brigham Hyram Smith ; Imena W. 
Frost, of West Boylston, may take the name of Al- 
mira W. Frost ; Henry De Wolf Handy, of Ux- 
bridge, may take the name of Henry De Wolf; 
Lydia H. Wheeler, of Rutland, may take the 
name of Juliaetta Lydia Hall Wheeler — all of 

Hampshire. the county of Worccstcr. Arthur Phelps, of Had- 
ley, may take the name of Arthur Davenport 
Phelps ; Benjamin Fowler Witt, of Greenwich, may 
take the name of Fowler Pomeroy Taylor ; Hiram 
Cowan, Sophronia Cowan, Hiram Munroe Cowan, 
and Harriet Maria Cowan, of Belchertown, may 
severally take the surname of French; Benoni Cole- 
man, 2d, of Southampton, may take the name of 
William Washington Coleman ; Consider McFar- 
land, of Amherst, may take the name of Charles 

Hampden. McFarlaud — all of the county of Hampshire. Nor- 
ris Hoar, Mary Hoar, Mary Woodworth Hoar, Lau- 
ra Hoar, Edwin Norris Hoar, and Elizabeth Joanna 
Hoar, of Brimfield, may severally take the surname 
of Hale; David Hoar, Pamelia Cook Hoar, Solo- 
mon Hoar, Lucina Hoar, Linus Hoar, Betsy Bond 
Hoar, Ruth Bliss Hoar, Alured Hoar, Lucia Hoar, 
Abigail Goodell Hoar, Susan Bond Hoar, Meheta- 
bel Hoar, Mary Ann Brown Hoar, Ellen Edgell 
Hoar, Harriet Eunecia Hoar, George Carroll Hoar, 
Charles Alured Hoar, and Charlotte Ann Amanda 
Hoar, may severally take the surname of Homer ; 



CHANGE OF NAMES. April 25, IS38. 507 

and Betsj Hoar, may take the name of Elizabeth 
Homer, all of Brimfield ; Henry Stebbins, 2d, of 
Springfield, may take the name of Henry Willcox 
Stebbins ; Charles H. Frost, of Springfield, may 
take the name of Charles H. Warren; Haskall C. 
Paine, of Springfield, may take the name of Has- 
kall C.Goodman; Phineas Lyman Tinker, of Gran- 
ville, may take the name of Phineas Lyman 
Buell ; Martin Buell Tinker, of Granville, may 
take the name of Martin Buell — all of the coun- 
ty of Hampden. David Wait, senior, of Deer- Franklin. 
field, may take the name of David Reed Wait ; 
William Thayer Chapin, of Buckland, a minor, may 
take the name of William Chapin Porter; Sarah 
Field, of Northfield, may take the name of Sarah 
Callender Field ; Sylvester Bangs, may take the 
name of Sylvester Woodbury Bangs ; Charles Kel- 
logg, may take the name of Charles Carroll Kellogg; 
Martha Adams Kentfield, a minor, may take the 
name of Martha Adams Horton — all of Montague ; 
Orramel Cooley, of Hawley, may take the name of 
Orramel Wellington Cooley — all of the county of 
Franklin. Woodhouse Francis, of Pittsfield, may Berkshire. 
take the name of Charles Milton Francis ; Jerusha 
P. Parish, of Adams, may take the name of Jerusha 
Phillips, and her minor children, Catharine A. Par- 
ish, may take the name of Catharine Phillips ; Sam- 
uel C. Parish, may take the name of Samuel C. 
Phillips ; and John Parish, may take the name of 
John Phillips — all of the county of Berkshire. 
Thomas White, of Braintree, may take the name of Norfolk. 
Thomas Alexander White ; Elizabeth White Til- 
den, a minor, of Weymouth, may take the name of 
Mary Elizabeth White Tilden — all of the county of 
Norfolk. Edward Stowers Clapp, of Pawtucket, Bristol. 
may take the name of Edward Stowers ; John 



508 



CHANGE OF NAMES. 



April 25, 1838. 



Plymouth. 



Barnstable. 



Chace, of New Bedford, may take the name of John 
Anthony Chace — all of the county of Bristol. Arti- 
mirisia Bryant, of Bridgewater, may take the name 
of Abigail Bryant — of the county of Plymouth. 
William Chipman, a minor, of Sandwich, may take 
the name of William Churchill Chipman ; Kimball 
Chipman, a minor, of Sandwich, may lake the name 
of Isaac Kimball Chipman ; James Smalley, and 
his minor children, Joshua P. Smalley, Betsy C. 
Smalley, James H. Smalley, Mary T. Smalley, and 
Benjamin F. Smalley, — Samuel Smalley, Jr., and 
Ruth S. Smalley, his minor child, — Samuel Smal- 
ley, and his minor children. Lot Smalley, Sally 
Smalley, and Peggy H. Smalley, — Nathaniel H. 
Smalley, and his minor children, Esther T. Smal- 
ley, Uriah Smalley, and Mary S. Smalley, — 
Taylor Smalley, and his minor children, Jonah G. 
Smalley, Benjamin T. Smalley, Alexander Smalley, 
and Abigail Smalley, — Abraham Smalley, Jr., and 
his minor children, Norman S. K. Smalley, Jane C. 
Smalley, and Abraham Smalley, 3d, — John Small- 
ey, and his minor children, Arnold Smalley, John 
Smalley, Rebeckah H. Smalley, and Pamela H. 
Smalley, — Abraham Smalley, Isaac Smalley, 2d, 
Heman Smalley, Nathan Smalley, Isaac Smalley, 
3d, Thomas R. Smalley, Leonard Smalley, and 
Benjamin Smalley, all of Provincetown, may sever- 
ally take the surname of Small — all of Barnstable 
county. And the several persons before mentioned, 
from and after the passing of this act, shall be known 
and called by the names, which, by this act, they 
are respectively allowed to assume as aforesaid, and 
said names shall hereafter be considered as their 
only proper and legal names, to all intents and pur- 
poses. 



[Approved by the Governor, April 25, 1838.] 



EASTERN RAIL-ROAD. April 25, 1838. 609 

CHAP. CXCII. 

An Act to incorporate the Boston Mutual Fire In- 
surance Company. 

JdE it enacted by the Senate and House of Rep- 
resentativesy in General Court assembled, and by the 
authority of the same, as follows : 

Charles Ewer, Uriel Crocker, and ,Osmyn Brews- Persons incorpo- 

, J rated. 

ter, their associates and successors, are hereby made 
a corporation, by the name of the Boston Mutual 
Fire Insurance Company, in Boston, for the purpose 
of making insurance upon any buildings, stock, tools 
and furniture whatsoever in this Commonwealth ; 
with all the duties and liabilities set forth in the 
thirty-seventh and forty-fourth chapters of the Re- 
vised Statutes, passed on the fourth day of Novem- 
ber, in the year one thousand eight hundred and 
thirty-five, and to continue for the term of twenty- 
eight years. 

[Approved by the Governor, April 25, 1838.] 



CHAP. CXCIII. 

An Act in addition to an Act to aid the con- 
struction of the Eastern Rail-road. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The treasurer of the Commonwealth is scrip to be is. 
hereby authorized and directed to issue scrip or cer- 
tificates of debt, in the name and in behalf of the 
Commonwealth, for the sum of ninety thousand dol- 

65 



510 



EASTERN RAIL-ROAD. 



April 25, 1838. 



When. 



lars, payable to the bearer thereof, at the office of 
said treasurer, and in the form hereinafter men- 
tioned. And the treasurer of the Commonwealth 
shall, under the conditions hereinafter provided, de- 
liver the same to the treasurer of the Eastern Rail- 
road Company, for the purpose of enabling said cor- 
poration to complete the Eastern Rail-road. 

Sec. 2. When the treasurer of said corporation 
shall have furnished evidence satisfactory to the 
Governor and Council, that said corporation have 
expended four hundred thousand dollars, collected 
on assessments, legally made, in addition to the 
amount of scrip heretofore received by it from the 
Commonwealth, in the construction of said road be- 
tween Boston and Salem, the said scrip or certifi- 
cates for said ninety thousand dollars, with warrants 
for interest attached thereto, shall be issued as afore- 
said. 

Sec. 3. All scrip or certificates of debt hereafter 
to be issued to said Eastern Rail-road Company, in 
pursuance of this act, and " an act to aid the con- 
struction of the Eastern Rail-road," passed on the 
eighteenth day of April, in the year one thousand 
eight hundred and thirty-seven, shall be payable to 
the bearer thereof, and bearing an interest of five 
per cent, per annum, payable semi-annually at said 
treasurer's office, on the first days of April and Oc- 
tober, with warrants for the interest attached there- 
to, signed by the treasurer, which scrip or certificates 
When to be pay- shall be payable at said treasurer's office, viz. — ninety 
thousand dollars at the end of three years, and the 
remainder at the end of twenty years from the date 
» thereof, and in no case exceeding twenty years from 

the first day of April, in the year one thousand eight 
hundred and thirty-nine, and shall be countersigned 



Form of scrip to 
be issued. 



EASTERN KAIL-ROAD. April 25, 1838. 611 

by the Governor of the Commonwealth, and be 
deemed a pledge of the faith and credit of the Com- 
monwealth for the redemption thereof. And the 
treasurer of the Commonwealth shall, under and 
pursuant to the conditions contained in this and said 
former act, deliver the same to the treasurer of the 
said Eastern Rail-road Company, for the purposes 
therein mentioned. 

Sec. 4. After the Eastern Rail-rpad shall be open income how to 

' be appropnated. 

for use from Boston to Salem, the whole nett income 
of said road shall be appropriated to the payment of 
said ninety thousand dollars and all interest due 
thereon ; and after the payment aforesaid, a sum 
equal to two per cent, on the amount of all scrip or 
certificates of debt issued by the Commonwealth to 
said company, remaining unpaid, shall be annually 
set apart from the income of said road, and paid to 
the treasurer of the Commonwealth ; and the whole 
thereof shall be by him placed at interest ; and the sinking fund how 

.... ,, . , constiluted, 

same, with the interest annually accruing thereon, 
shall constitute a sinking fund for the future pur- 
chase and final redemption of all scrip or certificates 
of debt advanced, and which shall be advanced, by 
the Commonwealth to said Eastern Rail-road Com- 
pany. 

Sec. 5. No part of said scrip shall be delivered when to be de- 
livered. 
to the treasurer of said corporation until said corpo- 
ration, at an annual meeting, or at a special meeting 
duly notified for that purpose, shall have assented to 
the provisions of this act, and shall have transferred onwhaicondi. 
to this Commonwealth three thousand shares of the 
capital stock of said corporation ; and the Common- 
wealth shall not be liable for any assessments there- 
on, to be held by the treasurer of the Commonwealth 
as further security for the payment of said ninety 



512 



EASTERN RAIL-ROAD. 



April 25, 1838. 



thousand dollars, and all interest thereon, to be sold 
by the said treasurer, at the pleasure of the General 
Court, upon the failure of said corporation to pay 
said ninety thousand dollars, or the interest thereon. 
Bond to be given and shall have executed to the Commonwealth such 

to the State. 

bond, and in such form as the attorney general shall 
prescribe, conditioned that said corporation shall 
comply with the requisitions of this act, and shall 
faithfully expend the proceeds of said scrip in the 
construction of their road, and shall indemnify and 
save harmless the Commonwealth from all loss or in- 
convenience on account of said scrip, or certificates 
of debt ; and that said corporation shall, and will pay 
the principal sum of said scrip or certificates which 
may be delivered to their treasurer, punctually, when 
the same shall become due, or such part thereof, as 
the sinking fund aforesaid may prove insufficient to 
pay, and the interest thereon, semi-annually, as the 
Rail-road to be same shall fall due: and shall also convey to the 

conveyed to , "^ 

Commonwealth Commouwealth, bv suitable instruments, to be pre- 

for security. •' _ _ * 

pared for that purpose under the direction of the at- 
torney general, their entire road, with its income, 
and all the franchise and property to them belonging, 
as a pledge or mortgage to secure the performance 
of all the conditions of said bond : provided, that the 
Commonwealth shall not take possession of said 
pledged or mortgaged property, unless for a substan- 
tial breach of some condition of said bond. 

Sec. 6. No part of the sum of one hundred thou- 
sand dollars, nor any scrip therefor, heretofore stipu- 
lated to be granted by the Commonwealth to said 
Eastern Rail-road Company, when it shall have com- 
pleted said road as far as the proposed depot in 
Newburyport, shall be advanced or issued, until the 
whole of said sum of ninety thousand dollars, and all 



Proviso. 



Further condi- 
tion. 



SEEKONK BRANCH R. ROAD. April 25, 1838. 613 

interest which may grow due thereon, shall have 
been paid by said corporation. 

Sec. 7. Nothing contained in this act shall be Right of com- 

, , 1 • I r I /-^ monweallh to 

construed to impan- or lessen the right of the Com- purchase not to 
monwealth to purchase the said rail-road, and all the 
franchise, property, rights and privileges of said cor- 
poration, on the terms and conditions contained in 
their act of incorporation. 

Sec. 8. So much of said former act to aid the 
construction of the Eastern Rail-road as is contrary 
to the aforegoing provisions, is hereby repealed. 
And this act shall take effect from and after its 
passage. 

[Approved by the Governor, April 25, 1838.] 



CHAP. CXCIV. 

An Act concerning the Seekonk Branch Rail-road 
Company. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 

Sec. 1. The charter of the Seekonk Branch Alteration ofpor- 
Rail-road Company is hereby so far altered and ''°"°''^'''"' 
amended, that said company shall not be required 
to lay rails on that part of their road between Rocky 
Point and Old Wharf until said corporation may 
deem it necessary. 

[Approved by the Governor, April 25, 1838.] 



614 WORCESTER B. R. R. CO. April 25, 1838. 



CHAP. CXCV. 

An Act to incorporate the Worcester Branch Rail- 
road Company. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows : 
Persons incorpo- Sec. 1. Daniel Waldo, Stephen Salisbury, and 

rated. i-. • . • • i 

Isaac Davis, their associates and successors, are 
hereby made a corporation, by the name of the 
Worcester Branch Rail-road Company, with all the 
powers and privileges, and subject to all the duties, 
restrictions and liabilities, set forth in the forty- 
fourth chapter of the Revised Statutes, and in that 
part of the thirty-ninth chapter of said Statutes re- 
lating to rail-road corporations. 

Location de- Sec. 2. The Said company may construct a rail- 

road within the town of Worcester, in the county of 
Worcester, commencing at Lincoln square, and 
thence running southerly across School, Thomas, 
Central, and Columbian streets, in said town, to the 
north line of the Boston and Worcester Rail-road, 
at some convenient point ; and said company, with 
the consent of the county commissioners of said 
county, and of the inhabitants of said town, by a vote 
in a meeting called for that purpose, may construct 
a rail-road from said Lincoln square, along Main 
street, in said Worcester, to a point near the passen- 
ger depot of the Boston and Worcester Rail-road. 

Capital. Sec. 3. The capital stock of said company shall 

not exceed fifty thousand dollars, to be divided into 
shares of one hundred dollars each, and said compa- 
ny may invest and hold such part thereof in real es- 



BANKS AND BANKING. April 25, 1838. 515 

tate as may be necessary for a depot, and for the Estate. 
use of said road. 

Sec. 4. The said company shall not take land, SeffiSh-** 
for the purpose of constructing their said road, with- out consent of 

r r o ' owners. 

out the consent of the owner thereof; nor shall they 
enter on any other rail-road, without permission first 
obtained from the corporation on whose road they 
enter; nor shall any cars be moved on the road of the ^o"ed*b^team 
company hereby created, by steam power. p""^^""- 

Sec. 5. If the said company be not organized, Proviso. 
and the location of their said road filed with the 
county commissioners of said county of Worcester 
within two years from the passing of this act, and if 
their said road shall not be constructed within three 
years from said time, this act shall be void. 

[Approved by the Governor, April 25, 1838.] 



CHAP. CXCVI. 
An Act concerning Banks and Banking. 

Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same, as follows: 

Sec. 1. The twenty-second section of the thir- section of chap- 

r 1 ri • J o • r ter of Revised 

tv-sixth chapter of the nevised Statutes is so far statutes amend- 

. . . ed. 

amended, that the annual meeting therein prescrib- 
ed for the choice of directors in the banks of this 
Commonwealth, may be hereafter held by the stock- 
holders in any bank on any day in the month of 
October which may be appointed by the by-laws of 
said bank ; said meeting to be notified and conduct- 
ed according to the provisions of said section. 

Sec. 2. Directors of a bank may be removed Howdirectors 

•^ may be removed 

and vacancies resulting from such removal, and all and vacancies 

^ filled. 



516 BANKS AND BANKING. April 25, 1838. 

other vacancies, may be filled at any special meet- 
ing of the stockholders, called and notified accord- 
ing to the provisions of the thirty-sixth chapter of 
the Revised Statutes : provided, that no director 
shall be so removed, unless the notification of such 
meeting shall state, that a change in the board of 
directors is contemplated. 
Partofsection Sec. 3. So much of the twenty-seventh section 

repealed relating _ _ -^ 

to bonds of cash- of Said chautcr as provides that no bonds shall be 

iers. ' '■ 

taken from the cashier of any bank to a greater 
/ amount than fifty thousand dollars, is hereby repeal- 

ed. 
Rale of exchange Sec. 4. Auv bank iu discouuting notes of hand, 

may be charged . •' "^ _ 

on notes dis- payable at any other place than where such bank is 

counted. . . 

established, may charge, in addition to interest, the 
then existing rate of exchange, in like manner as the 
same may now be charged by such bank on bills of 
exchange and drafts. 
Partofsection Sec. 5. So ttiuch of the twelfth section of said 

repealed respect- . . , . . , 

ing notice to be chapter as requires notice to be given, m the cases 



given. 



therein mentioned, to the Governor and Council, 
and to the stockholders of any bank, is hereby re- 
pealed ; and any director shall be exonerated, ac- 
cording to the provisions of that section, by giving 
notice, in the manner therein provided, to either of 
the bank commissioners. 
Limitation in Sec. 6. No bank shall have due to it, at any 

amount of loans . i/- ii*i'.r^i -i 

to directors, &c. time alter the nrst Monday in October next, either 
directly or indirectly, from any one of its directors 
or officers, or from any partnership of which any 
director or officer is a member, as principal, surety 
or endorser, upon notes, checks, drafts, or other se- 
curity, a sum greater than eight per cent., or more 
than forty thousand dollars, or from its whole board 
of directors, a sum greater than thirty per cent, of 



BANKS AND BANKING. April 25, 1838. 517 

its whole capital stock, unless the stockholders, at a stockholders 

I , •till 1 • ""^y authorize 

legal meeting, shall, by express vote, authorize a increase of loan. 

greater sum ; and no vote shall be valid tor that 

purpose for a longer period than one year and thirty 

days from the passing thereof, nor unless it shall 

name the greatest amount to be so authorized: and Persons who may 

" ^ _ not be directors. 

no person shall be a director in any bank whose 
whole amount of stock in said bank shall be pledged. 

Sec. 7. After the first day of July next, no bank No bank to hold 

its own stock. 

shall purchase or hold its own stock, except as secu- 
rity for debts: and stock received as security shall stock received 

•/ ' •'as security must 

be sold within six months after it shall have become ^® ®°'*^- 
the property of the bank. 

Sec. 8. No cashier of any bank shall be a di- No cashier to be 

'' a director. 

rector thereof. 

Sec. 9. The directors of every bank shall cause Record to be 

•^ . kept. 

to be kept a record of the names and proceedings 
of all the directors who may be present at any 
meeting of the board, when assembled for the pur- 
pose of making discounts, or transacting any other 
ofificial business relating to the bank. 

Sec. 10. The secretary of the Commonwealth secretary to 

' . r t • transmit copy of 

shall, as soon as may be, transmit a copy or this act act. 
to each bank in this Commonwealth ; and no bank 
incorporated prior to the first day of May, in the 
year one thousand eight hundred and thirty-six, 
shall be entitled to the privileges granted by this 
act, unless the stockholders shall, at a legal meeting, 
accept the said act. 

[Approved by the Governor, April 25, 1838.] 



66 



^ommontDealti^ of ^mnatf^umttn. 



SECRETARY'S OFFICE, Mat 17, 1838. 

I HEREBT CERTIFY, that 1 have compared the printed copy of the Acts 
contained in this pamphlet, with the Original Acts, as engrossed on parch- 
ment, and passed by the Legislature, and find the same to be correct 

JOHN P. BIGELOW, 

Secretary of the Commonwealth. 



INDEX 



TO THE LAW S, 



JAVrUAHir, FEBRUARir, MARCH, AXTD AFRIXi, 1838. 



A. 



Academy, New England, incorpoi-ated, 

Absent defendants, provisions concerning writs against, 

Administrators and Executors, composition of debts by, 

" " compensation of, 

Animals, noxious, bounty for destruction of certain, repealed, 
Archimedian Company incorporated, 
Ardent spirits, restrictions and regulations concerning the sale of, 

" " sale of, to Gay Head Indians, prohibited, 

Asylum and Farm School, authority of, to bind out boys, enlarged, 



Page. 

421 
409 
374 
429 
331 
360 
442 
386 
307 



B. 



Bank Commissioners, providing for appointment, and establish 
ing the duties of, . 

" Citizens', at Worcester, capital stock of, reduced, 

" Commercial, charter of, repealed, . 

" Commonwealth, " " 

« Franklin, « " 

« Fulton, « « 

" Kilby, " « 

" Lafayette, « " 

" Middlesex, « • « 

" Norfolk, « " 

" Oriental, " « 

« Roxbury, « " 



302, 306 
496 
448 
348 
355 
441 
427 
347 
356 
487 
494 
486 



II 



li\ DEX. 



Page. 

Bankd and Banking, regulations concerning, . . . 515 — 517 

" to resume specie payment, provisions in aid of, . . 498 

" authorized to surrender their charters on certain conditions, 399 
Baptist, (see Religioits Society.) 

Benevolent Society in Triu-o incorporated, . . . 428 

Bernardston, part of Greenfield annexed to, . . . 406 

Bleachery Company, Milk Row, incorporated, . . . 433 
Board of Education, duties and compensation of secretary of, 

prescribed, ..... 444 

" " expenses o^ to be defrayed, . . 343 

Bolton and Marlborough, dividing line of, established, . . 330 

Boston Corner, District of, incorporated, . . . 403 

" Fu-e Department in, concerning Charitable Association of, 419 

" Police ofiicers of, w^ith certain powers, may be appointed, 411 

" Wharf Company, corporate property of, reduced, &c. . 407 

Bridgewater and East Bridgewater, dividing line of, established, 301 

Bridge over Charles River, between Cambridge and Brighton, 

concerning, ..... 480 

" " Green's Creek, in Chelsea, concerning, . . 327 

Bi-idges over Mill River, between Upton and Milford, concerning, 483 

Buckland, part of Conway annexed to, . . . . . 409 



c. 



Cambridge and Charlestown to support a highway from Lech 

mere to Prison Point, .... 

Camp Meeting Grove Corporation incorporated, 

" Meetings, protection against disturbance of, 
Cemeteiy, Worcester, proprietors of, incorporated, 

" Hingham, proprietors oi', incorporated. 

Chancery, Masters in, number of, increased. 
Charitable Association of the Boston Fire Department, additional 

act concerning, ..... 

Chelsea, shell fishery in, concerning, 
Christian, (see Religious Society.) 
Clam bait, uispection of, regulated, 

Commercial paper, regulations concerning days of grace on. 
Commissioners, bank, provisions for appointment, and duties of. 
Congregational, (see Religious Society.) 

Conway, part of, annexed to Buckland, . . . . 

Corporations, regulations concerning owners of shares in, 

" and towns, not to be liable for deficiency in their 

roads, &c. in certain cases, . 



486 
438 
429 
307 
316 
449 

419 
401 

411 

493 
302—306 

409 

382 

395 



INDEX. iii 

Page. 

Collectors of Taxes and Town Treasurers, temporary, to be ap- 
pointed in certain cases, ..... 335 

County Commissioners of Essex, concerning a road and bridge 

to be laid out by, . . . . . . 42 1 

Court of Common Pleas, jurisdiction of, enlarged, . . 479 

D. 

Debtors, insolvent, provisions for relief of, and more equal distri- 
bution of their effects, ..... 449 — 478 

Dedham Fire Depart ment established, .... 387 

District of J^oston Corner incorporated, .... 403 

Divorce to be granted in case of desertion for five years, . 415 

Dukes County, salary of judge of probate, &c. of, increased, . 350 



E. 

East Bridgewater and Dridgewater, dividing line of, established, 301 

Education, Secretary of Board of, compensation of, fixed, &c. . 444 
Episcopal, (see Religious Society.) 

Ei-ving, town of, incorporated, . . . ■ . . 426 

Executors and Administrators, compensation of, . . 429 

w « composition of debts by, . 374 



F. 

Factoi-y, (see Manufacturing Company.) 

Fall River Mill-road, Rail-road and Feny, time extended, . -340 
Farm School for Indigent Boys, authority of, to bind out, en- 
larged, ....... 307 

Fire Department in Boston, concerning Charitable Association of, 419 

« « in Dedham, incorporated, . . . 387 

« « in Nantucket, incorporated, . . . 291 

Fisheiy in the Agawam and Half-way Pond, regulated, . 312 

" shell, in Chelsea, concerning, .... 401 

" " in Ipswich, concerning, .... 404 

Fishing Company, Sandwich Buzzard's Bay, incorporated, . 401 



G. 

Gay Head Indians, sale of spu'its to, prohibited, . . . 386 

Georgetown, town of, incorporated, .... 445 



IV 



INDEX. 



Gloucestei', concerning a road to be laid out in, . 
Grace on commercial paper, regulations concerning, 
Grafton Gore annexed to Worcester, 
Greenfield, part of, annexed to Bernardston, 



Page. 

421 
493 
3:19 
406 



H. 



Hai-vard ministerial fund, concerning, 
Harwich, North Parish, name of, changed, 
Haydn Society, in New Bedford, incorporated, 
Highway from Prison Point to Lechmere Point, concerning, 
Highways, alteration of the Revised Statutes concerning re 
pairs of, ..... . 

Hingham Cemetery, propi'ietors of, incorporated, 
Holden, part of, annexed to Paxton, 



433 
433 

349 

486 

326 
316 
373 



I. 



Insane persons and idiots, provisions concerning confinement of. 
Indigent boys, Boston Asylum and Farm School foi*, concerning, 
Insolvent debtors, provisions for relief of, and more equal distri- 
bution of their eftects, .... 
Insurance Company, American, additional act concerning, 

" " Boston Mutual Fire, incoi-porated, . 

" " Bradford Mutual Fire, concerning, 

" " Charlestown Mutual Fire, additional act 

concerning, ... 

" " Firemjin's, additional act concerning, 

« " Howai-d, incorporated, 

« " India Fire and Marine, charter of, repealed 

« « Provincetown Fishing, concerning, 

" " Salem Commercial, additional act concern 

ing, 

" " " Mutual Fire, incorporated, . 

" Companies allowed to invest in rail-road stocks, 

" " regulations concerning, 

Ipswich, shell fishery in, concerning, 



358 
307 

449—478 
375 
509 
341 

294 
418 
360 
485 
351 

288 
410 
329 
489 
404 



J. 



Judge and Register of Probate of Dukes County, increase of sal- 
aries of, ...... . 

Juries, Members of General Court, &c. not required to serve on, 
dui-ing session, ...... 



350 
318 



INDEX. 



V 



Page. 

Jurisdiction over certain lands ceded to the United States, . 425, 478 
Justices of the peace and others, may compel attendance of wit- 
nesses, ....... 334 

Justices' Court in Suffolk, concerning trustee writs issued by, . 432 



Lechmere Point, highway from, to Prison Point, to be laid out, 486 

Leominster, part of No-Town annexed to, . . . 397 

Liquors, spirituous, restrictions and regulations conceraing 

sale of, ...... . 442 

Lowell, city of| amendment of the chai'ter of, . . . 492 
Lunatic Hospital, at Worcester, allowance of fees for commit- 
ments to, ...... . 327 



M. 



Manufacturing Company, American, incorporated, 

" " Archimedian, incorporated, 

" " Chelmsford, incorporated, 

** " Clinton, incorporated, . 

" " Cummington, incorporated, 

" " Millbury Paper Mills, incorporated, 

" " New England Glass, capital stock of, 

increased, 
** " Pacific, incorporated, . 

" " Plymouth L-on, incorporated, . 

•' " Robbins Cordage, incorporated, 

« " Roxbury Wool and Worsted, incorpo 

rated, ... 

« " Westville, incorporated, 

«* " Weymouth Iron, incorporated, 

« Corporations, provision concerning, in case of 

insolvency, .... 

" Establishments, concerning instruction of youth in 

Marlborough and Bolton, dividing line of, established, 

Masters in Chancery, number of, may be increased to four in 
each county, .... 

Mattapoisett Oyster Company established, 

Methodist, (see Rdigious Society.) 

Milk Row Bleachery Company incorporated. 

Mining Company, Abington, incorporated, 

" " Bristol and Norfolk, incorporated. 



482 
360 
331 
329 

484 
290 

363 
373 

367 

287 

290 
357 
491 

488 
398 
330 

449 
400 

433 
365 

405 



VI 



INDEX. 



Mining Company, Mansfield, &c. united with others, 

" " Wrentham, incoi-porated, 

Ministerial, (see Religioris Society.) 



Page. 

434 
299 



N. 



Names, change of, authorized, .... 
Nantucket Fire Department established, . 

" Probate Court, concerning, 

« may raise money for county expenses, 

Newton, part oi\ annexed to Roxbui-y, 

Newburyi^ort Putnam Free School, trustees of, incorporated, 
New Bedford Haydn Society incorporated. 
New England Academy incorpoi-ated, 
North Wharf Company, in Truro, incoi-porated, . 
No Town, part of, annexed to Leominster, 

» " " Princeton, 

« " " Westminster, 

Noxious Animals, bounty for destruction of certain, repealed, 



502 
291 
323 
356 
481 
368 
349 
421 
338 
397 
352 
380 
331 



O. 



Otis, town of, tract of unincorporated land annexed to, 
Oxford Noi-th Gore annexed to Oxford, . 



364 
339 



P. 



Parish Officers, prescribing the mode of election of, . . 337 

Parish, (see Religious Society.) 

Parsonage Lands, (see Religious Society.) 

Partition of Real Estate, provisions concerning, . . . 324 

Paxton, part of Holden annexed to, ... , 373 

Personal Estate, concerning wills of, . . . . 288 

Police Officers of Boston, provision concerning appointment of| 411 

" Courts in Boston and elsewhere, provisions concerning, 432 

Princeton, part of No Town annexed to, . . . . 352 

Probate Bonds, provision concerning suits on, in certain cases, 495 

" Court, in Dukes County, salaries of judges, &c. ofj in- 
creased, ..... 350 

« " Nantucket, time for holding, altered, . . 323 

«« « Suffijlk, times for holding, altered, . . 342 

Provincetown, province lands in, preservation of, provided for, . 435 



INDEX. vii 



R. 

Page. 

Rail-road Corporation, Boston and Lowell, capital stock of, in- 
creased, . . . . 377 
« " Eastern, to aid construction of, . . 509 
" " Nashua and Lowell, united, . . 378 
« « " " time extended for 

completing, . 488 

« « « " to aid consti-uction of, 413 

" " New Bedford and Fall River, revived, . 491 

• " Old Colony, established, ... 391 
« " Seekonk Branch, provision concerning 

laying rails by, .... 513 
" " Western, further issue of State scrip in 

aid of, authorized, . . 295 
« *< » allowed more time for locating 

certain pails of road, . 334 

" " West Stockbridge, revived, . . 289 

" " Worcester Branch, concerning, . . 514 

" Corporations, authorized to make certain contracts, . 383 

Real Estate, partition of, provisions concerning, . . . 324 

" concerning attachment of, . . . . 496 

" of minors, provisions concerning sale of, . . 501 

Register of Deeds of Bristol county to deliver certain deeds to 

the register of the southern district, . . . 366 

" of Probate, &c., of Dukes county, increase of salary of, 350 

Religious Society, Andover, First (Jniversalist, incorporated, . 328 
" « Barnstable, West Parish, may sell parsonage 

lands, 300 

" ': Boston, Central Universalist, name of, changed, 424 
" « " Fifth Universalist, incorporated, . 332 
« « " First Independ. Baptist, incorporated, 311 
" « " Maverick, Congregational, incorpo- 
rated, .... 306 
« « " Methodist, trustees of, incorporated, . 340 
" « Bradford, " " « . 322 
" " Brighton, First Pau'ish, may tax pews, . 431 
« " " « may sell parsonage 

lands, . . 324 
« " Chelmsford, North Meeting-house, proprietors 

of, incorporated, .... 423 
« " Danvers, First, incorporated, . . . 342, 440 

" " Dennis, South Parish, may tax pews, . . 427 

" " Harwich, North Parish, name of, changed, . 422 



viii INDEX. 



Pa.^p. 



Religious Society, Haverhill, West Parish, may sell ministerial 

lands, ..... 37,1 

" " Harvard, Ministerial Fund of, provisions con- 

cerning, ..... 433 

" " Lowell, Second Universalist Meeting-house, 

proprietors of, incorporated, . . 318 

" " Lynn, Protestant Episcopal, wardens, &c. of, 

incorporated, .... 408 

" " Salem, Independent Congregational, addition- 

al provisions concei'ning, . . 371 

" " " New South Meeting-house, name of, 

changed, .... 405 

" " Troy, First Christian Union, authorized to 

tax pews, ..... 367 

" " Weymouth, North Parish, may sell pai'sonage 

lands, ...... 323 

Reports of the decisions of the S. J. Court, provision concerning 

the publishing of, . . „ . . . 385 

Roxbury, part of Newton annexed to, . . . . 481 



8. 



Salem Harbor, to prevent obstructions in, ... 300 

Sandisfield, town of, tract of imincorporated land annexed to, . 376 

Sandwich Buzzai'd's Bay Fishing Company, incorporated, . 401 

Schools, public duties of committees of, &c., prescribed, . 395 

" among cei'taia Indians, appropriation for, . . 439 

School Districts, regulations concerning union of, . . 499 

Secretary of the Board of Education, duties and compensation 

of, prescribed, ...... 444 

Small Pox, certain provisions in relation to, repealed, . . 443 

South Boston Association, continued, &c., . . . 333 

Spirituous Liquors, restrictions and regulations concerning sale o^ 442 

" " sale of, to Gay Head Indians, forbidden, . 386 

State Prison, provisions relating to government and discipline of, 437 

Suffolk County Probate Courts, times for holding, altered, . 342 

Supreme Judicial Court, reports of the decisions of, concerning 

publishing of, ..... . 385 



INDEX. 



\K 



T. 



Town Treasurers and Collectors of Taxes, temporary, to be ap- 
pointed in certain cases, ..... 
Towns and other Coi-porations, not to be liable for deficiency in 
their roads, &c., in certain cases, .... 
Truro North Wharf Company incorporated, 

" Benevolent Society In, incorporated. 
Trustees of Newburyport Putnam Free School incorporated. 
Turnpike, Eighth Massachusetts, location of, . . . 



Page. 

335 

395 
338 
428 
368 
346 



u. 



United States, jurisdiction over certain lands, ceded to, 
Universalist, (see Rdigious Society.) 



425,478 



w. 



Watchmen, additional, for protection of State House, authorized, 

Westminster, part of No Town aimexed to. 

Wharf Company, Boston, corporate property of, reduced, &c 
« " in Truro incorporated, 

Wharf at Red Brook Landing, location of, confii-med, 
" of Allen Coffin, &c., Edgartown, to be maintained, 
" of Tunothy Bourne, may be extended, 
" of Benjamin Fiske, « « . . 

" of Henry Gardner, « « , . 

» of John W. Trull, c< « . . 

" of Chai-les Leighton, « « . . 

« of Daniel Prescott and David Chapin, may be extended 
« of Edmimd P. Dolbeare, " " 

« of Robert Robbins and Shephard Robbins, " " 

" of William and Leonard Foster, " " 

« of Ward M. Parker and Ephraim Eldridge, " " 

" of James Bartlett, " " 

« of Robert Ripley, " " 

" Sargent's " " 

" Union, in Boston, " " 

" « Holmes' Hole, " " 

Wheat, production of, encouraged, 

Widows of deceased persons, allowance to, 



365 
380 
407 
338 
404 
424 
416 

ib. 
417 
336 

lb. 
349 
352 
354 
361 
363 
497 
483 
369 
325 
351 
319 
430 



X INDEX. 

Page. 

Wills of personal estate, concerning, . . . . 288 

Williamstown, town of, tract of unincorporated land annexed to, 372 
Witnesses, provision for attendance of, before justices of the 

peace, masters in chancery, &c., . . . . 334 

Worcester Cemetery, proprietors of, incorporated, . . 307 

" , Grafton Gore annexed to, . . . . 339 

Writs and absent defendants, provisions concerning, . . 409 



z. 

Zoar, part of, annexed to Charlemont, .... 344 

«' « " Rowe, 345 



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