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officer, to whom such writ and execution may have been committed for service, shall serve and levy the same writ or execution upon the body or bodies, and real and personal estate or estates of any member or members of such corporation.

SECT. 7. Be it further enacted, That all acts incorporating Acts of incormanufacturing companies shall be deemed and taken to be poration, pubpublic acts, and as such may be declared upon and given in lic acts. evidence in any court of law, without specially pleading the same: Provided always, That the Legislature may from time to time, upon due notice to any corporation, make further provisions and regulations for the management of the business of the corporation, and for the government thereof, or wholly to repeal any act, or part thereof, establishing any corporation as shall be deemed expedient. [March 3, 1809.] Add. acts

1817 ch. 183: 1821 ch. 38.

An Act to rectify and establish the line between the Towns of Monmouth and Chap. 66. Leeds, in the County of Kennebeck. [March 3, 1809.]

An ACT further to continue in force an Act, entitled, "An Act to establish a Cor- Chap. 67. poration by the name of the Essex Turnpike Corporation." [March 3, 1809.] Further act-1820 ch. 77. Repealed-1821 ch. 70.

An ACT establishing the Bangor Meeting House Corporation. [March 3, 1809.]

1803 ch. 48.

Chap. 68.

An ACT to establish a Corporation by the name of The Groton and Pepperrell Chap. 69. Turnpike Corporation. [March 3, 1809.]

An Act to incorporate the Trustees of the Methodist Religious Society in Boston. Chap. 70. [March 3, 1809.]

Chap. 71.

An ACT in addition to an Act, entitled, "An Act in addition to an Act, entitled an
Act to incorporate Aaron Davis and others, by the name of the Worcester Turn- 1805 ch. 67.
pike Corporation." [March 3, 1809.]

An ACT to incorporate Jeremiah Hill and others, for the purpose of building a
Bridge, or Bridges, over Saco River. [March 3, 1809.] See 1815 ch. 40.

Chap. 72.

An ACT to set off a part of the Town of Surry, and a part of the Town of Tren- Chap. 73. ton, and to annex them to the Town of E'sworth. [March 3, 1809.]

An ACT for incorporating Michael Collins and others, by the name of The Massa- Chap. 74. chusetts Salt Work Company. [March 3, 1809.]

An Acr in addition to an Act, entitled, "An Act to incorporate the Proprietors of Chap. 75. a New Meeting House in the Fourth Parish in Newbury, in the County of Essex. [March 3, 1809.]

1807 ch. 86.

An Act to incorporate the Plantation called New-Waterford, in the County of Chap. 76. Kennebeck, into a Town by the name of Malta. [March 3, 1809.]

An ACT to incorporate a Society by the name of the Maine Missionary Society. Chap. 77. [March 3, 1809.] Add. act-1816 ch. 73.

1801 ch. 65.

An Act in addition to an Act passed in the year of our Lord one thousand eight Chap. 78. hundred and two, entitled, "An Act for the preservation and regulating the taking the fish called Alewives, in the Brook running from West Quitticus Pond, to the East Quitticus Pond, near the line between the Towns of Middleborough and Rochester, in the County of Plymouth." [March 3, 1809.]

An ACT to incorporate the First Congregational Parish in the town of Windham. Chap. 79. [March 3, 1809.]

An ACT in addition to "An Act directing the Process in Habeas Corpus." Chap. 80. WHEREAS the Supreme Judicial Court in term time, and 1784 ch. 72. any one or more of the judges thereof in the vacation time of said court, are respectively authorized and required to award Preamble.

A single judge authorized to

award the writ

of habeas corpus in term time.

Chap. 81.

1803 ch. 47.

Chap. 82.

✓Chap. 83.

Chap. 84.

1807 ch. 67.

Chap. 85.

Chap. 86.

1804 ch. 68.

a writ of habeas corpus, but no authority is given to any one judge of said court to award that writ in term time, from which defect great inconvenience may arise: Therefore

Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That any one judge of the Supreme Judicial Court, in term time, as well as in the vacation, shall be, and is hereby authorized and required to award the writ of habeas corpus in due form of law, directed to the officer, or person imprisoning or restraining the complainant, returnable forthwith to such judge who ordered the same, or to any other judge of said court, in all cases, where by the Constitution and the law of the land, that writ ought to be awarded. [March 4, 1809.] See 1812 ch. 30.

An ACT in addition to an Act, entitled, "An Act to incorporate a number of the
inhabitants of the Town of Standish, in the County of Cumberland, into a dis-
tinct religious Society, by the name of the First Baptist Society in Standish."
[March 4, 1809.]

An ACT to incorporate a Town in the County of Washington, by the name of
Jonesborough. [March 4, 1809.]

An ACT for incorporating Simon Larned and others, by the name of The Pittsfield
Woollen and Cotton Factory. [March 4, 1809.]

An ACT in addition to an Act, entitled, "An Act establishing a Corporation, by
the name of The Social Insurance Company." [March 4, 1809.] Further add.
act-1813 ch. 167.

An ACT to incorporate Samuel Jenks and others, by the name of The Adams Cotton and Woollen Manufactory. [March 4, 1809.]

An ACT in addition to an Act entitled, "An Act to incorporate certain proprietors
of Meadow Lands lying on Charles River, Stop River, and Boggastow Brook,
within the Towns of Medway, Medfield, and Sherburne, for the purpose of drain-
ing off the stagnant waters, and for better improving said lands." [March 4,
1809.]

An ACT to incorporate Samuel Kellogg and others, by the name of the Hoosack
Cotton, Woollen and Linen Manufactory. [March 4, 1809.]

An ACT to incorporate Abijah Richardson and others, by the name of The Med-
way Cotton Manufactory. [March 4, 1809.]

Chap. 87.

Chap. 88.

Chap. 89.

An ACT to incorporate William Walker and others, by the name of The Lenox
Cotton, Woollen and Linen Manufactory. [March 4, 1809.}

Chap. 90.
Chap. 91.

An ACT to incorporate Ezra Smith and others, by the name of The Brunswick Cotton Manufactory. [March 4, 1809.)

1805 ch. 76.

Chap. 92.

1784 ch. 41.

Boundaries assigned by courts, made valid.

An ACT in addition to an Act, entitled, "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 4, 1809.] Further add. act-1812 ch. 106.

An ACT in addition to an Act, entitled, "An Act for the providing and regulating of Prisons."

BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That all boundaries of the gaol yards to the several gaols, heretofore determined and assigned by the Court of General Sessions of the Peace, in the several counties in this Commonwealth, shall be, and hereby are rendered legal and valid to all intents and purposes, and no person, having given bond conditioned

that from the time of executing such bond, he will continue a true prisoner in the custody of the gaoler, and within the limits of the said prison, until he shall be lawfully discharged, with- Entry on priout committing any manner of escape, shall be considered as vate property, having committed any manner of escape in consequence of hav- or into public buildings, &c. ing entered into or upon any private estate or property, or into within the lim any public building, or upon any public highway or town way its, not to be lying within the limits of such gaol yard, assigned by any of deemed an esthe courts aforesaid: Provided that nothing herein shall be construed to affect the rights of any individuals owning real estate within such limits, nor to affect any suit wherein final judgment has been rendered by the Supreme Judicial Court. [March 4, 1809.] Further add. acts-1809 ch. 34: 1810 ch. 116: 1811 ch. 85. 167: 1817 ch. 149: 1819 ch. 24.

cape.

An ACT to incorporate a Society by the name of The Eastern Society for promo- Chap. 93. ting the knowledge of the Sacred Scriptures, and establishing Christian order, instruction and piety, in the District of Maine. [March 4, 1809.]

An ACT to alter the times allowed by law, for taking Fish in the mouth of Concord Chap. 94. River. [March 4, 1809.]

An Acr declaring and confirming the Incorporation of the Proprietors of the Meet- Chap. 95. ing House in Hollis-Street, in the Town of Boston. [March 4, 1809.]

An ACT to incorporate the Proprietors of Cambridge Port Manufactory. [March Chap. 96. 4, 1809.] Add. act-1812 ch. 147.

An ACT to alter the Names of certain persons therein mentioned. [March 4, 1809.] Chap. 97.

An ACT to authorize Judges of Probate to remove Executors, Administrators and
Guardians, in certain cases.

Chap. 98.

two or more in

SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That where there is more than one executor or administrator, Judge of Proand any or either of them shall become insane, or otherwise in- bate may recapable of, or evidently unsuitable to discharge the trust re- move one of posed in him or them, the Judges of Probate, in their respec- sane, &c. extive counties, within this Commonwealth, are authorized, and ecutors, &c. empowered to remove such executor or executors, administra- and the other tor or administrators, and the other executor or executors, ad- may proceed in ministrator or administrators, may proceed in discharging the trust reposed in him or them, in the same manner, as if said executor or executors, administrator or administrators, so removed, were actually dead, and may bring actions of account against them, and recover by any proper legal process, such effects and assets as remain in their hands unadministered at the time of their removal.

settling the estate.

1783 ch. 24, 19.

an shall deter

SECT. 2. Be it further enacted, That when a feme sole shall Marriage of a be appointed by any Judge of Probate, either by herself or female guardijointly with any other person or persons, guardian to any per- mine her auson, either minor, ideot, non compos, distracted, or lunatic, and thority. after such appointment shall marry, such marriage shall not make the baron guardian in her right, but shall operate as an extinguishment or determination of such woman's power and authority. [March 4, 1809.]

[blocks in formation]

Chap. 99.

Preamble.

Bills under five

dollars to be impressed fron

stereotype steel

plates.

Bills to be in

the names of the president, directors and company.

An ACT requiring the several incorporated Banks in this Commonwealth to adopt the Stereotype Steel Plate in certain cases, and for other purposes.

WHEREAS Jacob Perkins of Newburyport, in the county of Essex, hath invented and completed certain stereotype steel plates for the printing of bank bills, and hath obtained from the President of the United States a patent for the exclusive use of the same; and whereas the said Jacob Perkins hath given a bond with sureties in the penal sum of ten thousand dollars to this Commonwealth, conditioned among other things, to print and impress, with the said plates, bank-bills of the denominations of one, two, three, four, and five dollars, for the use of the several incorporated banks in this Commonwealth, and to furnish bank paper for the same, of the best quality, upon the terms which are specified and contained in the said bond; and whereas the public good requires that the bills of the several denominations aforesaid should be printed and impressed from the said plates, in order to produce a uniformity in, and to prevent the counterfeiting of, the same:

SECT. 1. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That from and after the first day of July next, no bills of the denomination of one, two, three, four, and five dollars, shall be issued or emitted by the president, directors and company of any bank, incorporated under the authority of the Legislature of this Commonwealth, unless the said bills shall be printed and impressed from stereotype steel plates, from which plates original impressions of the bills of the several denominations aforesaid are deposited in the office of the Secretary of this Commonwealth; nor unless the said bills of the denomination of five dollars shall have on the back of the same an impression from the check plates, one of the impressions from which is also deposited in the office of said Secretary of said Commonwealth.

SECT. 2. Be it further enacted, That the several incorporated banks within this Commonwealth, which have heretofore issued their bills in the names of the president and directors of said banks, shall from and after the said first day of July next, issue all their bills of the several denominations aforesaid, in the names of the president, directors and company of the same banks, any thing in the respective acts of incorporation of said banks to the contrary notwithstanding.

SECT. 3. Be it further enacted, That from and after the said first day of July next, and during the pleasure of the Legislature after that time, the president, directors and company of all the banks aforesaid, be, and the same hereby are authorized superseded by and empowered to issue and eit bills of the denominations of one, two, three, and

This section

1812 ch. 56:

1817 ch. 76.

This section repealed

1817 ch. 76.

four dollars to the amount of fifteen per centum of their several capital stocks actually paid in; any thing in their respective acts of incorporation, or any thing in an act, entitled, "An Act to authorize the several banks incorporated within this Commonwealth to issue bills of the denomination of one, two, and three dollars," made and passed on the fifteenth day of June, in the year of our Lord one thousand eight hundred and five, to the contrary notwithstanding.

SECT. 4. Be it further enacted, That from and after the said first day of July next, no person shall pay in discharge of any contract or bargain, or for any valuable consideration whatever, any bill or bills, issued by any bank, or banking company other than the bank of the United States, or the several incorporated banks in this Commonwealth of any less denomination than five dollars, under a penalty of twenty dollars, to be recovered of the person so paying the same by action of debt, with costs of suit, or by indictment by the grand jury in the Supreme Judicial

Court, Court of Common Pleas or the Municipal Court in the town of Boston, to the use of the person or persons, who shall within one year thereafter, sue or prosecute for the same, in which suit or prosecution, the person who shall receive the same bill or bills may be admitted as a competent witness, and the bill or bills which shall be paid as aforesaid, shall be forfeited to the use of the person or persons, who shall sue or prosecute as aforesaid.

1801 ch. 71.

SECT. 5. Be it further enacted, That an act, entitled, "An Act repealed. Act to prevent the circulation and currency of bank-bills of a denomination less than five dollars," made and passed on the eighth day of March, in the year of our Lord one thousand eight hundred and two, be and the same is hereby repealed. [March 4, 1809.] (Add. act-1809 ch. 37, repealed-1816 ch. 43: 1817 ch. 76.)

An Acr in addition to an Act, entitled, “An Act to incorporate the proprietors of Chap. 100. Mills on Mill Creek, in Dedham, and Neponset River, in Dorchester and Mil- 1797 ch. 77. [March 4, 1809.]

ton."

An ACT to incorporate a Congregational Parish in the Town of Alfred. [March 4, Chap. 101.

1809.

An Act to incorporate a Baptist Religious Society in the Town of Alfred. [March Chap. 102. 4, 1809.]

An ACT to incorporate certain persons, inhabitants of the Town of Pittsfield, into a
Religious Society, by the name of Union Parish in the Town of Pittsfield. [This
Act passed both Houses, Feb. 27, 1809-but never was approved by the acting
Governor.]

Chap. 103.

An ACT to apportion and assess a Tax of one hundred and thirty-three thousand Chap. 104.

three hundred and two dollars and fifty-two cents, and providing for the reimbursement of forty-five thousand seven hundred and thirty-six dollars, paid out of the public treasury to the Members of the House of Representatives, for their attendance at the three last Sessions of the General Court. [March 4, 1809.]

An ACT to incorporate The First Congregational Society in the Town of Tyring- Chap. 1. ham. (June 16, 1809.]

An ACT to incorporate the Plantation numbered Five, in the County of Washing- Chap. 2. ton, into a Town by the name of Calais. [June 16, 1809.]

An ACT to establish the Dividing Line between the Parish of Byfield on one part, Chap. 3. and the First and Third Parishes in Newbury, and the East Parish in Bradford, on the other part. [June 16, 1809.]

An Act in addition to an Act, entitled, "An Act determining the places of holding Chap. 4. the Courts of Probate in the County of Hampshire, and repealing all laws here- 1807 ch. 69. tofore made on that subject," passed on the first day of March, in the year of our Lord one thousand eight hundred and eight. [June 16, 1809.]

An ACT empowering the Court of Sessions for the County of Washington to erect a Gaol in the Town of Eastport. [June 16, 1809.]

Chap. 5.

An ACT to incorporate certain persons by the name of The Cheshire Glass Manu- Chap. 6. factory. [June 16, 1809.]

An ACT annexing a Gore of Land, commonly known by the name of Thirty-Mile- Chap. 7. Strip, in the County of Kennebeck, to the Town of Readfield in said County. [June 16, 1809.]

An ACT for further extending the Provisions of an Act incorporating The Proprie- Chap. 8. tors of the Kennebunk Pier, passed in the year of our Lord, one thousand seven hundred and ninety-eight. [June 16, 1809.] Further act-1819 ch. 110.

1797 ch. 34.

An ACT to incorporate William Davis and others, by the name of The Plymouth Chap. 9. Cotton Manufactory. [June 16, 1809.]

An ACT in further addition to an Act, entitled, "An Act to entitle the Town of

Boston to choose a Board of Health, and for removing and preventing Nuisan- Chap. 10. June 16, 1809.] Repealed-1809 ch. 108. Further add. act-1809 ch. 1799 ch. 10. 125. New act-1816 ch, 44,

ces."

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