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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pages which shall constitute a volume, is hereby repealed, so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Animals, noxious, bounty for destruction of certain, repealed,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" Chelsea, charter of, repealed, ..... 253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" Commercial, charter of, repealed, .... 448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" Commonwealth, charter of, repealed, .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
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.,
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
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j=
•0
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-a
c
•a
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S S
<u
c
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i4
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fed
-5
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<
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 : —
o
C
§.
i
o
1
o
S
1
CO
1
o
o
1
a
i
be
a
■s
s
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3
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a
5
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13
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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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