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Chap 67.

An Act establishing a corporation, by the name of The Social Insurance Com

pany. (March 1, 1808.] Add. acts—1808 ch. 84: 1813 ch. 167. Chap. 68.

An Act to incorporate Peleg Tallman and others, into a company, by the name of

The Kennebeck Marine Insurance Company. (March 1, 1808.] Chap. 69.

An Act determining the places of holding the Courts of Probate in the County of

Hampshire, and repealing all laws heretofore made on that subject. (March 1,

1808.] Add. act-1809 ch. 4. See 1813 ch. 157. Chap. 70. An Act, in addition to several acts, for granting Lotteries, for the purpose of com1803 ch. 157,

pleting the Locks and Canals at Amoskeag Falls, in the State of New Hampshire. &c.

March 1, 1808.] Further add. acts-1813 ch. 176: 1814 ch. 167. Chap 71. An Act to incorporate a number of persons in the towns of Poland, Minot, and

New Gloucester, by the name of the First Methodist Society in Poland. (March

1, 1808.] Chap 72.

An Act declaring and confirming the incorporation of the Proprietors of the New

Meeting House in Saco. (March 1, 1808.]

An Act to incorporate the easterly part of the Town of Cambridge into a Parish, Chap 73.

by the name of The Cambridge Port Parish, and for other purposes. (March 1,

1808.] Chap. 74.

An Act for incorporating certain persons, for the purpose of building a Bridge over

Charles River, between Cambridge and Brighton, in the County of Middlesex.

(March 2, 1808.) Add, act-1809 ch. 41. Chap. 75. An Act for the Limitation of certain Real Actions, and for the equitable Settlement

of certain Claims arising in real actions.

Sect. 1. BE it enacted by the Senate and House of RepresenCol. L. 1657.72. tatives, in General Court assembled, and by the authority of the 9w.li. ch.8. same, That from and after the first day of January, which will 1 Geo. I. ch. 6. be in the year of our Lord one thousand eight hundred and 1786 ch. 13.

twelve, no person shall sue, or maintain any writ of right, or Writs of right make any prescription, title or claim to any lands, tenements limited to forty years. or hereditaments, or to any rents, annuities, or portions issuing

therefrom, upon the possession or seizen of his or their ancestor or predecessor, beyond the term of forty years, next be

fore the test of the same writ. Writs of entry

Sect. 2. Be it further enacted by the authority aforesaid, That upon disseizen from and after said first day of January, that no person shall sue, of ancestors, &c. limited to

have, or maintain any writ of entry upon disseizen done to any thirty years.

of his ancestors, or predecessors, or any action possessory upon the possession, of any of his ancestors or predecessors, for any lands, tenements or hereditaments, unless the ancestor or predecessor, under whom the demandant shall claim, shall have been seized or possessed of the lands, tenements or hereditaments, demanded within thirty years next before the test of

the same writ, or bringing such action. Increased va Sect. 3. Be it further enacted, by the authority aforesaid, lue of lands,

That where any action has been, or may hereafter be com&c. held for six years by virtue menced against any person, for the recovery of

any

lands of possession or tenements, which such person now holds by virtue of a posand improve

session and improvement, and which the tenant or person, unment, shall be found by the ju- der whom he claims, has had in actual possession for the term ry, if the tenant of six years, or more, before the commencement of such acand the value, tion, the jury which tries the same, if they find a verdict for without im the demandant, shall (if the tenant request the same) also enthe demandant quire, and by their verdict ascertain the increased value of the requires it.

premises, at the time of trial, by virtue of the buildings and improvements made by such tenant, or those under whom he may claim; and (if the demandant shall require it) what would have been the value of the demanded premises, had no buildings or improvements been made by such tenant, or those under whom he may claim ; and if during the term in which such verdict may be given, the demandant shall make his election on record, in open court, to abandon the demanded premises to the tenant, Demandant at the price estimated by the jury as aforesaid, if the tenant to the tenant

, shall not

pay into the clerk's office of the said court, for the at the price esuse of the demandant, the sum with the interest thereof,* at

timated by the

jurywhich the demanded premises shall be estimated by the jury, 1809 ch. 84. within one year next after the verdict shall have been given,

[* Altered a writ of seizen shall issue in favour of the demandant for pos- 1909 ch. 84.] session of the premises demanded with the improvements; but if the demandant shall not so make his election on record – if he do not

so abandon, he as aforesaid, no writ of seizen or possession shall issue on a

shall not have judgment founded on such verdict, unless the demandant shall, a writ of seizen within one year from the rendition thereof, have paid into the on the judgclerk's office of the same court, or to such other person as the me pays, with court may, on motion for that purpose, appoint, for the use of a year, the sum the tenant, or the person or persons justly entitled thereto, such assessed by the sum with the interest thereof as the jury shall have assessed provements, for buildings or improvements as aforesaid ; and a new action with interest. for the recovery of the same premises shall not be sustained in any court, unless the demandant shall first have paid to the tenant all such costs as would have been taxed for him, had he prevailed in the first suit; and in case the demandant shall abandon the premises aforesaid, and the tenant shall pay into the clerk's office, the sum of money, at which they shall have been estimated as aforesaid, for the use of the demandant, the tenant and his heirs shall have a good title to the same premises, against the demandant and his heirs forever ; but should the tenant or his heirs afterwards be evicted therefrom, by a higher or better title of any claimant or claimants, if he shall have duly notified the original demandant to aid him in the defence of such suit, and actually admit him to aid accordingly, such tenant or his legal representatives shall be Tenant to reentitled to receive and recover back the same money, with the converse claimlawful interest thereof from him, her or them, who shall have ejected. had the use and benefit thereof, in an action for money had and received to the use of such tenant : Provided nevertheless, Proviso. that nothing herein contained shall extend to any action which is or may be commenced by any mortgagee, his heirs or assigns against mortgagor, his heirs or assigns, nor to any action which may be instituted against any person, who shall hereafter enter upon any lands without a license from the owners of the soil.

Sect. 4. Be it further enacted, That no tenant, against Tenant not to whom judgment shall be rendered in any case, where the commit waste, value of the buildings and improvements has been ascertained value of imas aforesaid, shall unnecessarily cut any wood, or take any provements has timber from off the premises recovered against him, her, or

been found.

them, or make any strip or waste thereof, and such tenant shall be liable to answer therefor in the same way and manner he would have been, had possession actually been delivered in

execution of such judgment. Jurors not to

Sect. 5. Be it further enacted, That no person shall be albe interested in lowed to sit upon a jury for the trial of any such action where a similar ques- the value of the buildings and improvements are to be ascer

tained, or the value of the premises to be estimated by the verdict, where such person shall be interested in a similar question, either as proprietor or occupant, but the same shall be good cause of challenge to such juror, any law, usage or custom to the contrary notwithstanding. [March 2, 1808.] Add.

acts-1809 ch. 84: 1819 ch. 144. + Chup. 76.

An Act to preserve and secure from damage Salter's Beach, so called, and the

Meadows thereto adjoining, in the Town of Duxbury. (March 3, 1808.) Chap 77.

An Act further to continue in force, an Act, entited, "An Act to establish the 1803 ch. 104.

Taunton and New Bedford Turnpike Corporation.” [March 3, 1808.] Chap 78.

An Act in addition to an Act, entitled, “An Act to incorporate sundry persons

into a Company, by the name of the Proprietors of the Exchange Coffee House." 1807 ch. 31.

[March 3, 1908.1 Further aad. acts-1809 ch. 66: 1813 ch. 36. Chap 79. An Act to incorporate the Proprietors of India Wharf, in the Town of Boston.

(March 3, 1808.) Chap. 80.

An Act to divide the Town of Freeport, in the County of Cumberland, and to in

corporate the northwesterly part thereof, into a separate town, by the name of

Pownal. (March 3, 1808.] Chap 81. An Act to annex an unincorporated tract of land, called and known by the name

of Little River Plantation, to the Town of Lisbon, in the County of Lincoln.

(March 4, 1808.] Chap 82. An Act to incorporate Township Number Three, in the second range of townships,

on the west side of Kennebeck River, in the County of Kennebeck, into a town by the name of Freeman. (March 4, 1808.]

in Chap 83.

An Act to set off certain persons of the First Parish in the Town of Fitchburg,

the County of Worcester, and to annex them to the Second Society in said tow!).

(March 4, 1808.] Chap. 84.

An Act in further addition to the Act, entitled, “An Act to secure to owners

their property in Logs, Masts, Spars, and other Timber, in certain cases." 1793 ch. 42.

[March 4, 1808.] Repealed-1815 ch. 51. Chap. 35.

An Act in addition to an Act, entitled, “An Act to incorporate a number of the

inhabitants in the Town of Linnington, in the County of York, into a separate 1804 ch. 82. Religious Society, by the name of The First Baptist Society in Limington.”

[March 4, 1808.) Chap. 86. An Act 10 incorporate the Proprietors of a New Meeting House, in the Fourth

Parish in Newbury, in the County of Essex. (March 4, 1808.] Add. act—1909 ch. 75.

Chap. 87. 1802 ch. 67.

An Act in addition to an Act, entitled, “ An Act to establish the Sixteenth Massa

chusetts Turnpike Corporation.” (March 4, 1808. Further add, act-1810 ch. 76.

Chap. 88. 1802 ch. 67.

An Act in adılition to An Act, entitled, “ An Act establishing the Sixteenth Massa

chusetts Turnpike Corporation.” (March 4, 1808.] Further add. act--1810 ch. 76.

Chap. 89.

An Act to alter the time of holding one of the termıs of the Court of Common Pleas

and Court of Sessions, in and for the County of Barnstable. [March 4, 1808.] An Act to authorize the sale of the School Lands in the Town of Columbia, in the

County of Washington, and to appiopriate the proceeds thereof, as a Fund for the support of Schools in the said town. (March 4, 1808.]

Chap. 90.

An Act to incorporate the Proprietors of the Meeting-House of The First Baptist Chap. 91.

Society in Newburyport. [March 4, 1808.] An Act to establish the Hingham and Quincy Bridge and Turnpike Corporation. [March 5, 1808.] Add. aci-1811 ch. 164.

Chap. 92. An Act authorizing the Committee heretofore appointed for that purpose, to make Chap. 93. alterations in the laying the road of the Housatonick Turnpike Corporation.

1805 ch. 58. [March 8, 1808.) Further acts-1808 ch. 49: 1810 ch. 67 : 1816 ch. 34 : 1920 ch.5. An Act to establish a corporation by the name of the Hudson Turnpike Corpora- Chap. 94.

tion. (March 8, 1808.7 An Act to authorize Joseph F. Swan to build a Toll Bridge at Fryeburg, in the Chap. 95.

County of Oxford. [March 8, 1808.) An Act in addition to an Act, entitled, “ An Act for incorporating certain per. Chap. 96. sons, for the purpose of laying out and making a Turnpike Road fiom Medford

1802 ch. 100. to Charlestown neck, and for supporting the same.” [March 8, 1808.] An Act authorizing the disposal of the Parsonage Lands, in the Town Frye. Chap. 97.

burg, by sale or lease, to raise a Fund for the support of Ministry, and appoint

ing Trustees therefor. [March 8, 1808.] Add. act—1809 ch. 57. An Act declaring the Town of Jay to be a part of the County of Oxford. (March Chap. 98.

8, 1808.] An Act in addition to an Act, entitled, “ An Act to incorporate a number of the Chap. 99. inhabitants of the southeast part of Sturbridge, the souihwest part of Charlton,

1800 ch. 58. and the west part of Dudley, all in the County of Worcester, into a Parish by the name of The Second Religious Society in the Town of Charlton," passed the

twenty-eighth day of February, eighteen hundred and one. (March 8, 1803.] An Act to incorporate a number of inhabitants residing within the limits of the Chap. 100.

South Parish of the Town of Augusta, in the County of Kennebeck, into a Religious Society, by the name of The Third Religious Society in Augusta. 8, 1808.] Repealed--1809 ch. 27. An Act to incorporate a Religious Society, by the naine of The Antipædobaptist Chap. 101.

Society, in the Town of New-Gloucester. (March 8, 1808.] An Act to incorporate the Congregational Parish in the Town of Limington, in the Chap. 102.

County of York. [March 8, 1808.] An Act to incorporate certain inhabitants in the Towns of Bernardston, Greenfield, Chap. 103.

Gill, and Northfield, by the name of The First Baptist Society in Bernardston.

(March 8, 1808.] An Act to incorporate a number of persons in the Town of Portland, as a Religious Society, by the name of The Third Congregational Society in Portland. Chap. 104. (March 8, 1808.) Society dissolved--1813 ch. 130.

[March

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An Act in addition to an Act, passed in the year of our Lord one thousand seven Chap. 105.

hundred and forty-one, entitled, “An Act to enable the Trustees appointed in his 15 Geo.II. ch.8. Majesty's High Court of Chancery, to purchase Houses or Lands and improve the saine,

for perpetuating the Charity of the Honorable Edward Hopkins, Esq. more effectually to secure the interest of their several tenants, in possession of their Hopkinston and Upton Lands, and the revenue of those Lands to the College and Granımar School at Cambridge, according to the true intent of all parties, at the first settlement of that town.

WHEREAS, by the Act to which this is in addition, it was required that all deeds and conveyances of said lands should

Preamble. be recorded by a register specially appointed for those lands; and whereas by a misapprehension of said Act, certain executions levied on said lands have been recorded by said register, and not recorded in the registry of deeds, for the county of Middlesex, wherein said land lies, as required by law: Therefore,

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Sect. 1. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That

all executions extended upon said lands, which heretofore have Executions

been, or before the first day of July next, may be recorded in heretofore recorded, con the registry of deeds and conveyances, kept at said Hopkinfumed.

ston, be, and hereby are confirmed and rendered valid in law, as if the same had been regularly recorded in the registry of deeds, of the county of Middlesex, any law to the contrary notwithstanding.

Sect. 2. Be it further enacted, That from and after the first day of July next, This section all deeds, executions or conveyances made of, or extended upon said lands, shall not in force, be recorded in the office of the register of deeds, for the county of Middlesex, in since April 1, the same manner that all other deeds, conveyances and executions, which are ex

tended upon real estate, are recorded; and being so recorded the same shall be 1812 ch.97. held firin and valid as if recorded in the registry at Hopkinston:

Provided nevertheless, and nothing herein contained shall be so construed as to affect any action commenced before the passing of this act, or to impair any right or title to any lands or tenements already lawfully acquired by any bona fide purchaser or creditor. [March 3, 1808.] Further add. acts—1811 ch.

55. 118. See 1812 ch. 97. Chap. 106. An Act to establish an Academy at Bridgetown, in the County of Cumberland.

[March 8, 1808.) Chap. 107. An Act to set off Josiah Rockwood from the Town of Hopkinton, and to annex him

to the Town of Upton. (March 8, 1808.] Chap. 108. An Act establishing a corporation by the name of the Proprietors of Union Wharf.

(March 8, 1808.) Chap. 109. An Act in addition to, and repealing part of the first section of an Act, entitled,

“ An Act for the better regulating of the Indian, Mulatto, and Negro proprietors 1788 ch. 38.

and inhabitants of the Plantation, called Marshpee, in the County of Barnstable, and for other purposes.”

Sect. 1. BE it enacted by the Senate and House of Repre

sentatives, in General Court assembled, and by the authority of Board of over- the same, That a board of overseers shall be established, to seers establish

consist of three discreet and disinterested persons, one of ed, with powo

whom, at least, not to be an inhabitant of the county of Barnstable, to be appointed in the same manner, to have the same powers, to perform the same duties to be subject to the same rules of proceeding, and to hold their offices by the same tenure as the present overseers now hold, have and are subjected to, by the Act to which this is an addition ; which overseers shall also be overseers of the Herring-Pond tribe of Indians, living partly in Plymouth, and partly in Sandwich, and have all the powers, and be subject to, and perform all the duties incumbent on the present board of overseers, by a resolve, passed the fifth day of June, in the year of our Lord one thousand seven hundred and eighty-nine : And the present

board of overseers and their treasurer shall, on or before the Present board first day of June next, deliver over to the board of overseers to to transfer.

be appointed by this act, all the monies, funds, obligations, and records belonging to the said tribe of Marshpee, and the said tribe of Herring-Pond Indians, and take receipts for the same;

ers, &c.

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