An Act to direct the time and manner of exhibiting the Accounts of County Trea- Chap. 74. surers, and the estimates for County Taxes. Courts to make the clerks to SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, estimates of That the respective courts in the several counties of this Com- taxes for counmonwealth, having jurisdiction in this behalf, at the terms of ty charges, and the said courts holden next before the first day of January an- transmit them nually, shall make up and prepare estimates of taxes for all to the Secretacounty charges, equal at least to defray the expenses which y annually. have accrued or may probably accrue for one year ensuing 1785 ch. 76, 13. therefrom, including the building and repairing of gaols and court houses, and their appurtenances, with the debts due and owed by the said counties respectively; and the said estimates, being so made and approved by the said courts, shall be recorded by the respective clerks in a book for that purpose to be provided and kept, and a fair copy of the said estimates shall be signed by the chief justice or senior justice presiding in the said courts, and attested by the clerks thereof, and the said clerks. respectively shall transmit the same to the office of the Secre tary of the Commonwealth, on or before the first day of January annually, so that the said estimates may be laid before the Legislature for their approbation, at the session thereof which may be thereafter next holden. hibit their ac transmit SECT. 2. Be it further enacted, That the treasurers of the sev- County treaeral counties be, and they are hereby directed to prepare and surers to exexhibit their accounts as county treasurers annually, to the close counts annualof every year, to be accompanied with the estimates for coun- ly, and clerks ty taxes, being first allowed and approved by the said courts; tomto the and it shall be the duty of the said treasurers to deliver the said Secretary. accounts to the said clerks of the courts aforesaid, and it shall be the duty of the said clerks to enclose and seal up the said treasurers' accounts with the said estimate, and transmit them to the office of the Secretary of the Commonwealth, that they may be examined and allowed by the Legislature, at the same time with the said estimates for county taxes. [June 25, 1811.] An ACT directing the manner of Conveyance to be used by Counties in purchasing Chap. 75. and disposing of Lands. Manner of con veyance for SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That whenever any county in this State shall purchase any lands whereon to erect a court house or gaol, or for any other purposes authorized by law, the deed or deeds of the grantor county purpoor grantors duly executed, acknowledged and registered, made ses directed. to the inhabitants of the county making the purchase, to have and to hold to the said inhabitants, their successors, and assigns forever, shall be good and valid to all intents and purposes to vest in the said inhabitants and county their successors and assigns, in fee simple, all the right, title, interest and estate whatever, which the grantor or grantors in such deed or deeds had at the execution thereof in the lands contained therein. Former con SECT. 2. Be it further enacted, That all grants and conveyances heretofore made to the inhabitants of any county, or to their treasurer, committee, or any other person or persons, and firmed. VOL. II. 38 veyances con appointed to sell, &c. by whatever form of conveyance, for the use and benefit of such county, in any manner whatever, shall be deemed and holden to be the property of such county; and all such conveyances shall have the same force and effect as if they had been made to the inhabitants of such counties by their respective corporate names. SECT. 3. Be it further enacted, That the court, which by law Agents may be may have the powers in relation to county lands, may by their order of record appoint an agent or agents to sell and dispose of any real estate of said county, and the deed or deeds of such agent or agents under their proper hands and seals, for and in behalf of the inhabitants of such county, duly acknowledged and registered, shall be sufficient to all intents and purposes to convey to the purchaser or purchasers all the right, title, interest, and estate whatever, which the county may then have to the premises so conveyed. Supreme Court authorized to enforce trusts for counties. 1817 ch. 87. Chap. 76. Chap. 77. Chap. 78. Guardians to be appointed. -to take possession and allot lands -to lease lands not allotted, and apply the income SECT. 4. And be it further enacted, That in all cases where any real estate may now or at any time hereafter be holden in trust for the use and benefit of any county, by any conveyance whatever, and no convenient and effectual remedy may exist at common law to enforce the execution of such trust, the Supreme Judicial Court shall have full powers and process, and they are hereby empowered to enforce the execution of such trust, according to the course of proceedings in equity. [June 25, 1811.] An ACT for the relief of the owners of the North Mill Dam, (so called) at the An ACT to establish the First Baptist Society in the Town of Sidney. [June 25, An ACT for the better regulation of the Indian, Mulatto, and Negro Proprietors of SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That His Excellency the Governor, by and with the advice of the Council, may appoint three proper persons to be guardians to the indian, mulatto, and negro proprietors of Gay Head, in the county of Dukes County, who shall give bonds with sufficient sureties to the Judge of Probate in and for said county of Dukes County, for the faithful discharge of their trusts, and to render and settle their accounts as is therein after directed; which guardians are hereby empow ered to take into their possession the lands of said indians, mulattoes, and negroes, and allot to the several indian, mulatto, and negro proprietors of said lands such parts of said lands as shall be sufficient for their particular improvement from time to time; and the remainder, if any there be, shall be let out by the said guardians to suitable persons, for a term not exceeding two years, and such part of the income thereof as is necessary shall be applied for the support of such of the said proprietors as may be sick or unable to support themselves, and the surplus thereof, (if any there be.) shall be distributed amongst them according to their respective rights or interest, for providing necessaries for themselves and families, and for the payment of their just debts, at the discretion of their said guardians; and that the respective guardians aforesaid, or the major part of them, be hereby empowered and enabled, in their own names, and in their capacities as guardians, to bring forward and maintain any action or actions for any trespass or trespasses -to bring suits that may be committed, or any action of ejectment against any against tresperson or persons who may illegally enter into the possession passersof said lands, and that any liberty or pretended liberty obtained from any indian, mulatto, or negro proprietor, for cutting off any timber, wood, or hay, carrying off any ore, earth or grain, or planting or improving said lands, shall not be any bar to said guardians in their said action or actions. SECT. 2. And be it further enacted, That no action shall be to allow acbrought against any of the indian, mulatto, or negro proprie- counts-tors of said lands, for any debt hereafter to be by them contracted with any person or persons for any sum whatsoever, unless the same be first examined and allowed in writing, and signed by the said guardians, or a major part of them. -to account Sessions SECT. 3. And be it further enacted, That the said guardians shall keep a fair account of their proceedings relative to the annually with trust in them reposed by this act, to be by them laid before the Court of the court, who exercise the powers and duties of the Court of Sessions for the county of Dukes County, from year to year, and oftener if required by said court, for their inspection and allowance. -to endorse SECT. 4. And be it further enacted, That no action shall be sustained in any court of law in this Commonwealth, wherein writs. any of said indian, mulatto, or negro proprietors shall be plaintiff, unless the original writ be endorsed by two or more of their guardians; and this act may be given in evidence in all such actions under the general issue. -may SECT. 5. And be it further enacted, That whenever the Governor and Council shall judge the continuance of the said moved. guardians in their said trust inexpedient or unnecessary, they may remove them. [June 25, 1811.] Add. act-1813 ch. 66. be re An ACT to establish the Baptist Society of Limington and Limerick, in the County Chap. 79. of York. [June 25, 1811.] An Act to establish the Great Barrington and Alford Turnpike. [June 25, Chap. 80. 1811.] An ACT to establish the Court of Sessions. Chap. 81. 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 September next, Act repealed. an Act made and passed the nineteenth day of June in the year of our Lord one thousand eight hundred and nine, entitled, "An Act to transfer the powers and duties of the Court of Ses- 1809 ch. 18. sions to the Courts of Common Pleas, and for other purposes," be, and the same is hereby repealed; and that all acts and parts of acts relative to the Courts of Sessions, which were in force at the time the act was in force which is hereby repealed, Acts revived. be, and the same are hereby revived, from and after the said first day of September next. Powers and duties of mon Pleas transferred. SECT. 2. Be it further enacted, That from and after the first Courts of Com- day of September next, all petitions, recognizances, warrants, orders, certificates, reports and processes, made to, pending in, taken for, or continued or returnable to the Courts of Common Pleas in the several counties of this Commonwealth, of which the Courts of Sessions had cognizance at the time of passing the act which is hereby repealed, shall be returnable to, entered, have day, be proceeded in and determined, by the respective Courts of Sessions, within and for the same counties, at the term thereof which shall next be holden after the first day of September next, in the same way and manner as if the same had never been made returnable or transferred to the Courts of Common Pleas; and that all petitions, recognizances, warrants, orders, reports and processes, which shall hereafter be made or taken, shall be made and taken to the Courts of Sessions within the respective counties, at the term thereof which shall be next holden after the first day of September next, in the same manner as they would have been made or taken to the said Court of Common Pleas, if this Act had not been passed. Provided however, That the clerks of the Courts of Common Pleas, in the several counties, shall be clerks of the Courts of Sessions. Proviso. of Justices. SECT. Be it further enacted, That his Excellency the ॐ Governor, by and with the advice and consent of the Council and he is hereby authorized to appoint and commission one Appointme chief justice, and not exceeding four nor less than two other persons, for any one county, who shall be justices of the same court in their respective counties; and the powers of the Courts of Sessions, who were in commission, at the time of transferring their powers and duties to the Courts of Common Pleas, shall cease, from and after the passing of the Act transferring said powers to the Courts of Common Pleas aforesaid. [June 25, 1811.] Repealed, except as to Suffolk, Nantucket and Dukes County-1813 ch. 197. Repealed as to Suffolk1821 ch. 109. See 1811 ch. 93. Chap. 82. Chap. 83. 1789 ch. 19. Clause repeale d. Chap. 84. An ACT to incorporate The President, Directors, and Company of the Merchants An ACT to repeal part of "An Act to provide for the Instruction of Youth, and WHEREAS the fifth section of said act provides, that no settled minister shall be deemed, held, or accepted to be a school-master within the intent of the same Act: Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the said provision, as it respects settled ministers, be and the same is hereby repealed. [June 26, 1811.] An ACT to incorporate the President, Directors and Company of the State Bank. SECT. 1. BE it enacted by the Senate and House of Represen tatives, in General Court assembled, and by the authority of the Bank incorpo- same, That William Gray, Henry Dearborn, David Tilden, Russell Sturgis, John Brazer and David Townsend, their associates, successors, and assigns, shall be, and hereby are cre rated. ated a corporation, by the name of The President, Directors, and Company of the State Bank, and shall so continue from the first day of October next, until the first Monday in October which will be in the year of our Lord one thousand eight hundred and thirty-one, and by that name shall be, and hereby are made capable in law, to sue and be sued, plead and be impleaded, defend and be defended in any courts of record, or any other place whatever, and also to make, have, and use a common seal, and the same at pleasure again to break, alter and renew, and also to ordain, establish and put in execution, such by-laws, ordinances, and regulations, as to them shall appear necessary and convenient for the government of the said corporation, and the prudent management of their affairs. Provided, Such by-laws, ordinances, and regulations, shall in no wise be contrary to the constitution and laws of this Commonwealth; and the said corporation shall be always subject to the rules, restrictions, limitations, and provisions herein prescribed. ing instal SECT. 2. And be it further enacted, That the capital stock Amount of caof the said corporation, shall consist of a sum not more than pital stock. three millions of dollars, in gold and silver, to be, besides such 1816 ch. 86. part as this Commonwealth shall subscribe, in manner hereinafter mentioned, divided into shares of one hundred dollars each, which shall be paid in at five equal instalments; the first on the fifteenth day of October next, the second on the fifteenth day of April next, and the third on the fifteenth day of Octo- Time of payber, which will be in the year of our Lord one thousand eight ments. hundred and twelve, the fourth on the fifteenth day of April, and the fifth on the fifteenth day of October, which will be in the year of our Lord one thousand eight hundred and thirteen. And the stockholders at their first meeting shall, by a majori ty of votes, determine the mode of transferring and disposing of said stock, and the profits thereof, which, being entered in the books of said corporation, shall be binding on the stockholders, their successors and assigns, until they shall otherwise determine; and the said corporation are hereby made capable Corporation in law to have, hold, purchase, receive, possess, enjoy and re- may hold real tain to them, their successors and assigns, lands, rents, tenements and hereditaments, to the amount of one hundred thou- $100,000. sand dollars, and no more at any one time; with power to bargain, sell, and dispose of the same, and to loan and negociate their monies and effects, by discounting on banking principles, on such security as they shall think advisable: Provided however, That nothing herein contained shall restrain or prevent Provisos. the said corporation from taking and holding real estate in mortgage, or on executions, to any amount, as security for, or in payment of any debts due to the said corporation: And provided further, That no monies shall be loaned, or discounts made, nor shall any bills or promissory notes be issued from said bank, until the capital subscribed and actually paid in and existing in gold and silver in their vaults, shall amount to six hundred thousand dollars, nor until the said capital stock ac estate to the amount of |