An ACT to incorporate John A. Parker and other Proprietors, to build a Toll- An ACT to enable the Proprietors of Social Libraries to manage the same. Chap. 71. Chap. 72. society; and a justice may is sue a warrant for a meeting. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That any seven or more persons, capable of contracting, in any Any 7 or more town or district in this Commonwealth, who shall become pro- persons may form a library prietors in common of any library, may form themselves into a society or body politic, for the express purposes of holding, increasing, preserving and using such library; and to that end, any five or more of them may, by an application in writing, by them signed, to any Justice of the Peace within the same county wherein the said town or district may be, stating the purposes of their meeting, and requesting him to issue his warrant for calling a meeting of the said proprietors; and the said justice may grant his warrant to one of them, directing him to call a meeting of the said proprietors, at the time and place, and for the purposes expressed in such warrant; and said meeting shall be called by posting up the purport of said warrant in some public place in the said town or district where the said library shall be kept, seven days at least before the time of said meeting; and the proprietors being thus met and organized, they may then agree and determine upon a method of calling future meetings; and in all cases votes shall be determined by counting and allowing one vote to each share: And the proprietors of any such library shall have power to possess and hold, to them, their successors and assigns, real or personal estate, to any amount not exceeding five thousand dollars, over and above the value of their books. Officers to be treasurer to SECT. 2. Be it further enacted, That any seven or more of the proprietors of such library, met in pursuance of such notice, chosen.-The shall have power to choose a moderator, clerk, librarian, col- clerk to be lector, treasurer, and such other officers as they may find ne- sworn, and the cessary: And the clerk shall be sworn to the faithful perform- give bond. ance of his duties, and the treasurer shall give bond, with sufficient surety or sureties, faithfully to account for all monies he may receive by virtue of this Act: And the said proprietors, when so incorporated and organized, shall have power to raise monies by assessments, on the several shares in such library, as they may judge necessary for preserving and increasing the same; to make by-laws for the due regulation of the concerns of the said corporation, not repugnant to the constitution and laws of this Commonwealth, and to annex and recover penalties for any breach of such by-laws, not exceeding three dollars for any one breach thereof. SECT. 3. Be it further enacted, That the proprietors of any Corporate such library, so incorporated, shall be called and known by the name. name of the proprietors of the social library in the town of and by that name shall sue and be sued, prosecute and defend, plead and be impleaded, in all actions and processes in law; and when there shall be more than one such library in any town or district, the proprietors thereof shall be known and called by the name of the proprietors of the sec Former law repealed. 1797 ch. 82. Chap. 73. Chap. 74. Chap. 75. Chap. 76. Chap. 77. 13 Geo. II. 1792 ch. 14. Chap. 78. Chap. 79. Chap. 80. 1803 ch. 133. Former act continued. Chap. 81. Chap. 82. 1785 ch. 42. ond, third, fourth, &c. (as the case may be) social library, in the town of SECT. 4. Be it further enacted, That an Act passed the third day of March, in the year of our Lord one thousand seven hundred and ninety-eight, entitled, "An Act to enable the proprie tors of social libraries to manage the same," be, and hereby is repealed: Provided nevertheless, That with regard to all suits and causes of suits, and all rights existing under and by force of said Act, it shall be considered as in full force. [March 8, 1806.] Add. act-1806 ch. 66. An ACT to incorporate Rufus Davenport and others, by the name of The Cambridgeport Aqueduct Corporation. [March 8, 1906.] Add. act-1806 ch. 91. An ACT to establish a Fund for the Support of the Gospel Ministry in the First Parish of the Town of Springfield, in the County of Hampshire, and to appoint Trustees for the management thereof. [March 8, 1806.] An ACT to incorporate Jonathan Hunnewell and others, into a Society, by the name of The Massachusetts Charitable Mechanic Association. [March 3, 1806.] Continued-1813 ch. 186. An ACT to remove and prevent Obstructions to the Passage of Shad, Alewives and other Fish in Parker River and the Falls River, so called, in the County of Essex, and the Streams and Brooks running into the said Falls River. [March 8, 1806.] Add. acts-1808 ch. 91: 1812 ch. 106. An ACT in addition to an Act, entitled, "An Act regulating in certain Particulars the Improvements of Plumb-Island, in the County of Essex, and repealing an Act for the effectual preventing of Horses, neat Cattle, Sheep and Swine, from running at large or feeding upon a certain Island, called Plumb-Island, lying in Ipswich-Bay, in the County of Essex," passed in the year of our Lord one thousand seven hundred and thirty-nine. [March 7, 1806.] An ACT to incorporate the Proprietors of the Meeting-House, in Williamstown. [March 8, 1806.} An ACT to annex Samuel Page and others, in that part of Danvers, in the County An ACT for continuing an Act, entitled, "An Act providing for the appointing of a BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the Act, entitled, "An Act providing for the appointment of a Reporter of Decisions in the Supreme Judicial Court," passed on the eighth day of March, in the year of our Lord one thousand eight hundred and four, and all the provisions therein, are continued and shall be in force until the eighth day of March, in the year of our Lord one thousand eight hundred and eleven. [March 8, 1806.] Continued further-1809 ch. 94: 1814 ch. 84. An ACT to incorporate the Proprietors of The First Universalist Society in Boston. [March 8, 1806.] An ACT in addition to an Act, entitled, "An Act empowering the Selectmen of such Towns where there may be Fire-Engines, to appoint Engine-Men, and repealing the Laws heretofore made for that Purpose.' SECT. 1. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of Selectmen au- the same, That the selectmen of the several towns in this Comthorized to in- monwealth be, and they hereby are respectively authorized crease the exceeding six. and empowered, if they shall judge it expedient, to nominate and number of enappoint, from time to time, from and after the passing of this ginen, not Act, any number, not exceeding six men to each engine, in addition to the number of fifteen men now authorized by the Act to which this is an addition, amounting to twenty-one men for each engine. if the consent SECT. 2. Be it further enacted, That the selectmen of the A further inseveral towns in this Commonwealth be, and they hereby are crease allowed respectively authorized and empowered, if they shall judge it of the proper expedient, to nominate and appoint, from time to time, from military officer and after passing of this Act, any number, not exceeding four is obtained. men to each engine, in addition to the said number of twentyone men: Provided however, That such addition be made with the consent of the commanding officers of the respective military companies from which such additional number may be taken, and provided also, that no military company be thereby reduced under the number prescribed by law; and all engine-men appointed in pursuance of this Act shall continue in office during the pleasure of the selectmen of the several towns, whereto they may belong, and shall enjoy all the privileges and exemptions to which other engine-men are or may hereaf ter be by law entitled. SECT. 3. Be it further enacted, That the said selectmen Select enginemay, in their discretion select from the engine-men aforesaid, men, and their any number for each engine in their respective towns, whose duty.. duty it shall be, under the direction of the firewards, to attend fires therein, with axes, fire-hooks, firesails and ladders, and who shall do such further duty as the said selectmen shall from time to time prescribe, and shall be entitled to all the exemptions and privileges aforesaid. [March 8, 1806.] An ACT for fixing the Times and Places of holding the Court of Probate within Chap. 83. and for the County of Middlesex, and for other Purposes. [March 7, 1806.] An Act to make valid in Law the Parish Meetings of the inhabitants of the West- Chap. 84. Parish of Bethel, in the County of Oxford, and for other Purposes in said Act mentioned. [March 8, 1806.] An ACT in addition to an Act, entitled, "An Act determining the Times and Chap. 85. Places of holding the several Courts of Common Pleas and Courts of General 1805 ch. 18. Sessions of the Peace within and for the County of Cumberland." [March 8, 1806.] An Act to incorporate the northerly part of the Town of Thomaston, into a sepa- Chap. 86. rate Parish by the name of The North Parish in Thomaston. [March 10, 1806.] An ACT to revive and extend an Act entitled, “An Act providing a Passage for Chap. 87. Fish from Mystic River, to Eel Pond, so called, in the Town of Malden." [March 1800 ch. 67. 10, 1806.] An ACT to repeal divers Laws respecting Crimes and Offences. Chap. 88. SECT. 1. BE it enacted by the Senate and House of Repre- Acts repealed. sentatives, in General Court assembled, and by the authority of the same, That an Act, entitled, " An Act against duelling," passed 1784 ch. 9. the thirtieth day of June, in the year of our Lord one thou sand seven hundred and eighty-four; also an Act, entitled, 1784 ch. 44. "An Act against murder and manslaughter," passed the twenty-eighth day of February, in the year of our Lord one 1784 ch. 52. 1784 ch. 58. 1784 ch. 66. 1784 ch. 46. 1784 ch. 67. 1786 ch. 15. 1800 ch. 64. A court may accept of a verdict, convicting a person of part of an indictment. 1784 ch. 66, $ 11. Chap. 89. Chap. 90. Col.L.1641. 49. 4 W. & M.ch.2. 1783 ch. 36. 1789 ch. 2. To whom the thousand seven hundred and eighty-five; also an Act, entitled, "An Act for the punishment of robbery," passed the ninth day of March, in the year of our Lord one thousand seven hundred and eighty-five; also, an Act, entitled, "An Act against arson, and other malicious burning," passed the eleventh day of March, in the year of our Lord one thousand seven hundred and eighty-five; also an Act, entitled, "An Act for the punishing and preventing of larcenies," passed the fifteenth day of March, in the year of our Lord one thousand seven hundred and eighty-five; also an Act, entitled, "An Act against Sodomy," passed the third day of March, in the year of our Lord one thousand seven hundred and eighty-five; also an Act, entitled, " An Act to prevent forgery, and for the punishment of those who are guilty of the same,' passed the sixteenth day of March, in the year of our Lord one thousand seven hundred and eighty-five; also an Act entitled, "An Act against counterfeiting or uttering counterfeit coin," passed the fourth day of July, in the year of our Lord one thousand seven hundred and eighty-six; also an Act, entitled, "An Act more effectually to prevent the forging of bank bills," passed the sixth day of March in the year of our Lord one thousand eight hundred and one; shall be, and the same are hereby repealed: Provided, that the same Acts and every of them shall be and remain in force for the cognizance, trial and punishment of all such crimes and offences as are therein mentioned, which have been committed before the passing of this Act, and respecting all proceedings and matters thereupon arising, this repeal notwithstanding. SECT. 2. Be it further enacted, That when any person, indicted of any felony, shall be, by the verdict of the jury of trials upon such indictment, acquitted from part of such indictment and convicted of the residue thereof, any such verdict may be accepted and recorded in the court where such trial shall be, and thereupon such person, so indicted, may be adjudged to be guilty of the offence, if any, which shall appear to such court to be substantially alleged in and by the residue of such indictment, if the same shall amount to a felony, and shall be sentenced and punished accordingly. [March 11, 1806.] An ACT to establish The Pond Street Corporation. [March 11, 1806.] Add. act1808 ch. 1. An ACT regulating the Descent and Distribution of Intestate Estates. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That when any person shall die seized of any lands, tenements or hereditaments, or of any right thereto, or entitled real estates of to any interest therein, in fee simple, or for the life of another, not having lawfully devised the same, the same shall descend in equal shares to his children, and to the lawful issue of any deceased child, by right of representation: And when the intestate shall leave no issue, the same shall descend to his father; and when there shall be no issue nor father, the same intestates are to descend. shall descend in equal shares to the intestate's mother, if any, and to his brothers and sisters, and the children of any deceased brother or sister, by right of representation; and if the intestate leave no issue, father, brother or sister, then the same shall descend to his mother, if any; but if there be no mother, then to his next of kin, in equal degree: The collateral kindred claiming through the nearest ancestor, to be preferred to the collateral kindred claiming through a common ancestor more remote; and the degrees of kindred, in all cases, to be computed according to the rules of the civil law; and when there shall be no kindred, the same shall escheat to the Commonwealth, for want of heirs; saving always to the intestate's husband his tenancy by the curtesy, and to his widow, her dower at the common law, unless she be lawfully barred of the same. Provided however, That when any child shall die under age, not having been married, his share of the inheritance, that came from his father or mother, shall descend in equal shares to his father's or mother's other children then living respectively, and to the issue of such other children as are then dead, if any, by right of representation. And provided further, that when the issue or next of kin to the intestate, who may be entitled to his estate by virtue of this Act, are all in the same degree of kindred to him, they shall share the same estate equally, otherwise they shall take according to the right of representation. 1783 ch.36, 3. 1802 ch. 93. 1816 ch. 95. SECT. 2. Be it further enacted, That when any person Descent, &c. of shall die possessed of any personal estate, or of any right or personal estate interest therein, not lawfully disposed of by last will, the same, after allowing to the widow, if any, her wearing apparel, according to the degree and estate of her husband, and such further necessaries as the Judge of Probate shall order, regard being had to the state of the family under her care, shall first be applied to the payment of the intestate's debts, with the charges of his funeral, and of settling his estate; and the residue, if any, shall be distributed among the same persons in the same proportion to whom the real estate shall by virtue of this Act descend. Provided however, That the husband of the intestate shall be entitled in all cases, to the whole of the said residue; and further, that if the intestate shall leave a widow and issue, the widow shall be entitled to one third part of the said residue; or if there be no issue, to one half part thereof; or if there be no kindred to the said intestate, then she shall be entitled to the whole of said residue. And provided further, That when there shall be no husband, widow nor kindred to the intestate, the whole of the said residue shall escheat and enure to the Commonwealth. SECT. 3. Be it further enacted, That all gifts or grants, made by the intestate to any child or grandchild, of any estate real or personal, in advancement of the portion of such child or grandchild, and which shall be expressed in such gift or grant, or otherwise charged by the intestate in writing, or acknowledged in writing by the child or grandchild, as made for such advancement, such estate, real and personal, Grants expressly in advance of an heir's portion to be so consisettlement of an intestate's dered in the estate. 1783 ch. 36, § 7. |