ships are incor appoint locat by assessors. made by this Commonwealth, it has been used to reserve certain lots therein for the use of said towns, and for public uses; and whereas great inconvenience has arisen, and may hereaf ter arise by reason of said lots not being seasonably located by the grantee or grantees of such townships, or parts thereof: If grantees do SECT. 1. Be it enacted by the Senate and House of Renot locate by presentatives, in General Court assembled, and by the authority of the time town the same, That wherever in the grant of any township, or parts porated, Com- thereof, heretofore made, or which may be made hereafter, mon Pleas may there may be certain lots therein reserved for the use of said ing committee, township, and for public uses, and the lots so reserved as on application aforesaid shall not be located by the grantee or grantees of such township, or part thereof, by the time the said township may be incorporated, it shall and may be lawful for the justices of the Court of Common Pleas within the county where such land lies, on application made to them by the assessors of such town, or a major part of them, and no sufficient cause being shewn to the contrary, to appoint a committee, by issuing their warrant under the seal of said court, directed to three disinterested freeholders of said county, requiring them, as soon as may be, to locate the several lots in said township, reserved as aforesaid, and to designate the several uses for which the said lots were respectively reserved in the original grant of the said town, or of the parts thereof; the said lots to be of an average quality with the residue of lands in the said town. Committee to be sworn. SECT. 2. Be it further enacted, That the said committee, previous to their proceeding to execute the warrant aforesaid, shall be sworn to the faithful discharge of their duty, by any Justice of the Peace within said county, a certificate thereof to To give notice be made on the back of said warrant, and shall give notice of their appointment, and of the time and place of their meeting to execute said warrant, by causing the same to be published in one or more newspapers, printed in the Commonwealth, and by posting up written notifications, in two or more public places within the town where said land lies, at least thirty days prior to their making the location aforesaid. of their ap pointment, &c. To make return of their SECT. 3. Be it further enacted, That the said committee shall make return of said warrant, under their hands and seals, or the doings; which, hands and seals of a majority of them, with their doings therein, when accepted and registered, to said Court of Common Pleas, as soon as may be after their sershall be a legal vice is performed, and the same being accepted by the said court, assignment. and being recorded in the office of the registry of deeds in said. county, within six months from the date of the said return, shall be the legal assignment of the said lots to the several uses for which they were reserved. Court may confirm loca tion of lots by proprietors. SECT. 4. Be it further enacted, That whenever any proprietor or proprietors of any grant of land shall locate such lots as may have been reserved for public uses, and make a return thereof to the said Court of Common Pleas, it shall be lawful for the said court to confirm the same; and when so done, such lot shall be deemed legally located, and assigned for the uses intended and mentioned in the original grant of the same. [Feb. 26, 1811.] An Aer to alter the Names of certain persons therein named. [Feb. 26, 1811.] Chap. 93. An Act to incorporate certain persons, by the name of The Massachusetts Gene- Chap. 94. ral Hospital. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That James Bowdoin, John Adams, Elbridge Gerry, Theophilus Parsons, William Gray, John Thornton Kirkland, Harrison Gray Otis, Christopher Gore, William Eustis, William Phillips, John Quincy Adams, Henry Dearborn, Levi Lincoln, Isaac Parker, Joseph B. Varnum, George Cabot, Perez Mor- Persons inton, Thomas Dawes, Thomas Hazard, jun. Thomas Cutts, corporated Israel Thorndike, Matthew Bridge, Samuel Brown, James Perkins, David Tilden, John Lowell, Samuel Dana, Joseph Story, William King, Samuel Fowler, Marshall Spring, Thomas H. Perkins, Thomas C. Amory, Benjamin Bussey, Aaron Hill, William Heath, Thomas Kittredge, James Prince, Benjamin Green, Thomas Melville, Joseph Coolidge, Elias H. Derby, John C Jones, Jonathan Davis, Jonathan Harris, James Mann, Timothy Childs, Daniel Kilham, Benjamin Crowninshield, Arnold Welles, Jonathan Amory, Robert Hallowell, Andrew Cragie, John Warren, Richard Sullivan, and William Payne, together with such other persons, as may hereafter be admitted members of the corporation herein after created, according to the by-laws thereof, be, and they hereby are incorporated and made a body corporate and politic, by the name of The Massachusetts General Hospital; and by that name may sue and be sued, and shall have and use a common seal, to be by them devised, altered and renewed at their pleasure. SECT. 2. And be it further enacted, That the said corporation may take and receive, hold, purchase and possess, of and May hold from all persons disposed to aid the benevolent purposes of this grants, &c. institution, any grants and devises of lands and tenements, in fee simple, or otherwise, and any donations and bequests, and subscriptions of money, or other property, to be used and improved for the erection, support and maintenance of a general hospital, for sick and insane persons. Provided, That the in- Proviso as to come of said corporation, from its real and personal estate to- amount of gether, do at no time exceed the sum of thirty thousand dol lars. income. Repealed1813 ch. 42. SECT. 3. And be it further enacted, That it shall be in the power of the Legislature of this Commonwealth, or of any committee, or officer, duly appointed by State lunatics them for that purpose, to introduce into the said hospital all such lunatic and sick to be admitted. persons, as may hereafter be chargeable to this Commonwealth, and who would otherwise receive support and medical and other necessary aid and assistance at the expense of the public treasury, as soon as said hospital may be in readiness, and to have provided for them therein suitable apartments, bed-clothing, board, and nurses, and the most skilful medical advice, free of all cost to the Commonwealth, and at the sole charge of the funds of the corporation. Provided, the whole number of patients so received into said hospital, at the request of the Legislature, or of officers appointed by them for that purpose, shall at no one time, exceed thirty, unless the trustees of said corporation shall consent to the admission of a further number of the State's poor. SECT. 4. And be it further enacted, That in consideration of the obligation aforesaid imposed upon said corporation in Province the foregoing section, the estate commonly called the Old Pro- House granted. vince House, with all the lands under and appurtenant to the VOL. II. 35 Corporation to give bond to the Commonwealth. [* Further time allowed 1813 ch. 42,12.) chosen annu ally. same, be and are hereby given and granted unto said corporation in fee simple, to be sold at the discretion of said corporation, and the proceeds thereof to be held and applied, as a foundation for a general hospital. Provided however, That before such sale shall be made, the said corporation shall give bond to the Treasurer of this Commonwealth, with surety or sureties, to be approved of by His Excellency the Governor and Council, for the time being, that the proceeds of said sale, with the interest thereon, shall be paid into the treasury, for the use of the Commonwealth, within five years* from the passing of this act, unless an additional sum of one hundred thousand dollars shall have been raised and provided by private subscriptions or donations, other than by grants from the Commonwealth, for the purposes of this Act. SECT. 5. Be it further enacted, That the said general hospital Trustees to be shall be under the direction and management of twelve trustees, who shall be chosen annually, and shall remain in office until others are chosen and qualified in their stead; four of which trustees shall be chosen by the board of visitors, and [*1819 ch. 31.] the remaining eight by the corporation aforesaid.* chosen. SECT. 6. And be it further enacted, That the said corporation may, at their first or any subsequent meeting, choose all Officers may be necessary and convenient officers, who shall have such powers and authorities as the said corporation may think proper to prescribe and grant to them, and who shall be elected in such manner, and for such periods of time, as the by-laws of said corporation may provide. And said corporation may further make and establish such by-laws and regulations, for the internal government and economy of the hospital, as they may think proper, not repugnant to the Constitution and laws of this Commonwealth. By-laws may be made. Who shall con stitute the board of visi tors. Their authority. SECT. 7. And be it further enacted, That the Governor, Lieutenant Governor, the President of the Senate, and Speaker of the House of Representatives, with the Chaplains of both Houses, for the time being, be, and hereby are made and constituted a Board of Visitors of the said hospital; with authority to visit the same semi-annually, and as much oftener as they may think proper, in order to inspect the establishment, and the actual condition of the sick, to examine the by-laws and regulations enacted by said corporation, [and if they see [Repealed- fit, to disallow and annul the same,*] and generally to see that 1813 ch.42,13.] the design of the institution be carried into effect, in a careful, tender and effectual manner; and especially to see that the State has its full proportion of patients in the hospital, as provided in the third section of this Act, and that the said patients are suitably attended to, and comfortably maintained. Maine to be allowed, in case- SECT. 8. And be it further enacted by the authority aforesaid, That in case of the separation of the District of Maine, and the erection of it into a separate State, pursuant to the provisions of the Constitution of the United States, the amount of the sale of the Province House shall be carried into the estimate, with the other public property of the Commonwealth. ed. SECT. 9. And be it further enacted, That it shall be lawful for the said corporation, at any general meeting of the members thereof, to alter or change the name of said corporation, Name of the either by substituting the name of any distinguished benefactor, corporation. who may contribute a sum exceeding the amount given by the may be changCommonwealth, or by adding the name of such benefactor to the name given to said corporation by this Act, in case the sum so given by such benefactor, shall not exceed the sum given by this Commonwealth. And upon such change so as aforesaid made, the said corporation shall have a right to assume and take such name, and shall have, hold and enjoy all the powers and privileges given by this act, notwithstanding such alteration and change. meeting to be SECT. 10. And be it further enacted, That James Bowdoin, How and by Esq. be, and hereby is authorized to call the first meeting of whom first said corporation, by notification, and therein to appoint the called. time and place of said meeting: Provided, that no notification shall be deemed valid, unless it be published in all the newspapers printed in Boston, for six weeks in succession. SECT. 11. Be it further enacted, That the Legislature shall have power to alter, amend, or repeal this Act, whenever they shall be of opinion that the public good may require it: Provided that no such alteration, amendment or repeal, shall be made in such manner as to revest in the Commonwealth the grant herein made, or the proceeds thereof, after a private subscription for the purposes of this Act shall have been actually commenced. SECT. 12. Be it further enacted, That the said hospital may be erected in any place not included within the territorial limits of the town of Boston. [Feb. 25, 1811.] Add. acts-1813 ch. 42, 158: 1819 ch. 31. Repealed-1813 ch.42. An ACT making further allowance to the Judge of Probate for the County of York, Chap. 95. for his services. [Feb. 26, 1811.] An ACT to incorporate Ebenezer Burt and others, by the name of The Ware Min- Chap. 96. ing Company. [Feb. 27, 1811.] An ACT to authorize the sale of the lands reserved in the Town of Bethel, for the Chap. 97. use of Schools and the Ministry, and for other purposes. [Feb. 27, 1811.] An ACT to incorporate a number of the inhabitants of the Town of Winthrop, in- Chap. 98. to a Religious Society, by the name of The Methodist Society in the Town of Winthrop. [Feb. 27, 1811.] An ACT in explanation of part of the fourth section of an Act, entitled, "An Act to Chap. 99. authorize George Ulmer to build a Toll Bridge at Lincolnville, in the County of 1802 ch. 35. Hancock." [Feb. 27, 1811.] An ACT to incorporate Moses Hall and others into a Religious Society, by the Chap. 100. name of The First Universalist Society in Charlestown. Feb. 27, 1811.] An ACT to incorporate The Congregational Society in the Town of Buxton, in the Chap. 101. County of York. [Feb. 27, 1811.] An ACT to authorize the Town of Groton to sell certain Real Estate devised to Chap. 102. said Town. [Feb. 27, 1811.] An Act to annex a part of the Town of Tyringham to the Town of New Marlbo- Chap. 103. rough, in the County of Berkshire. [Feb. 27, 1811.] An ACT to establish the Town of Putnam. [Feb. 27, 1811.] Chap. 104. An ACT to incorporate Ezra Weston and others into a Company, by the name the Duxbury Marine Insurance Company. [Feb. 27, 1811.] Chap. 106. An ACT to authorize the Town of Brewster to sell the Ministry Lands, and to ap propriate the proceeds thereof towards the Ministerial Funds, and to appoint Trustees for the management thereof. [Feb. 27, 1811.] Chap. 107. 1794 ch. 3. Chap. 108. Chap. 109. 1791 ch. 38. Chap. 110. An ACT in further addition to an Act, entitled, "An Act for incorporating certain persons for the purpose of building a Bridge over Merrimack River, between the Towns of Haverhill and Newbury, in the County of Essex, and for supporting the same. [Feb. 27, 1811.] Further add. act-1812 ch. 1. An ACT to incorporate The Second Religious Society in Wiscasset. [Feb. 27, 1811.] An ACT supplementary to an Act, entitled, "An Act to prevent damage by mis- An ACT to set off Elias Smith from the Town of Hadley, and annex him to the Chap. 111. An ACT supplementary to an Act, entitled, "An Act for regulating, governing and 1809 ch. 108. Fishermen ex Chap. 112. An ACT to preserve and regulate the taking or catching of Fish called Smelts, in Chap. 113. 1808 ch. 57. Chap. 114. Debtor not to be committed judgment on contract, unless over $5. the Island River, so called, in the south part of the Town of Malden, in the County of Middlesex. [Feb. 28, 1811.] An ACT to repeal an Act, entitled, "An Act to regulate the Fishery in the Towns of Ipswich, Hamilton and Wenham." [Feb. 28, 1811.] An ACT for the Relief of Poor Debtors. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That no person shall, from and after the first day of June next, be in execution of committed to gaol, or be liable to be imprisoned on any execution issued on any judgment founded on contract, made or entered into after the passing this Act, unless the debt or damage in such execution shall exceed the sum of five dollars; and it shall hereafter be the duty of the clerk of the court, or Justice of the Peace, who may issue execution upon any judgment founded upon contract, the amount of which judgment, exclusive of costs, does not exceed the sum of five dollars, so to vary the form of such execution, as that the same shall not run against the body of such debtor. [Feb. 28, 1811.] Add. act1816 ch. 111. Chap. 115. Chap. 116. 1784 ch. 41. Penalty of bond not to be exacted, if escape be through acci dent, &c. An ACT to set off Joshua Chase, of the Town of Sutton, in the County of Worces- An ACT in addition to an Act, entitled, "An Act for providing and regulating of BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That in any action (now lawfully pending) or which may hereafter be lawfully pending, in any of the courts of law, in this State, on any bond given to entitle a debtor to the liberty of gaol yard, if it shall appear to the court, either upon a hearing in equity or by the finding of a jury, that such debtor escaped not wilfully, but through accident, or through misapprehension of the limits of the day time, or of the limits of the gaol yard, then the court may enter judgment for the plaintiff, for the money due on the execution on which such debtor was committed, with interest thereon, and the charges of levying the same execution, together with the costs of said action, any law to the contrary |