Power and duty of trustees.

Common scal.

Number of trustees.

First Meeting.

Chap. 81.

Perso.s incorporated.

thousand dollars; and shall apply the profits thereof, so as most effectually to promote the designs of the institution.

SECT. 3. Be it further enacted, That the said trustees for the time being, shall be the governors of said institution; shall have full power from time to time, to elect such officers thereof, as they shall judge necessary and convenient, and fix the tenure of their respective offices; to remove from office any trustee, when he shall become incapable, from age or otherwise, of discharging the duties of his office or when, in the judgment of a majority of the trustees, he is an improper person to hold such office; to fill all vacancies that may happen in the board of trustees, to determine the times and places for holding their meetings, the manner of notifying the trustees, the method of electing members of the board to elect instructors and prescribe their duties; to make such by-laws as they may think proper, with reasonable penalties, for the government of the institution, provided the same be not repugnant to the laws of this Commonwealth. SECT. 4. Be it further enacted, That the trustees of said academy may have a common seal, which they may change at pleasure; and all deeds, sealed with said seal, and delivered and acknowledged by the secretary of said trustees, by their order, shall be good and valid in law; and said trustees may sue and be sued in all actions, and prosecute and defend the same to final judgment and execution, by the name of the Trustees of the Wesleyan Academy.

SECT. 5. Be it further enacted, That the number of said trustees shall never exceed fifteen, nor be less than nine, five of whom shall be necessary to constitute a quorum for doing business, but a less number may from time to time adjourn until a quorum can be constituted.

SECT. 6. Be it further enacted, That Amos Binney and John Lindsey be, and they are hereby authorized and empow. ered to fix the time and place for holding the first meeting of the trustees, and to notify them thereof. [Feb. 7, 1824.]

An ACT establishing the Watertown Turnpike Corporation.

SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That William Gray, Marshall B. Spring, David Moody, Thomas Bartlett, and Amos Lawrence, together with their associates, successors, and assigns, be, and they are hereby incorporated, by the name of the Watertown Turnpike Corporation, for the purpose of making a turnpike road, from the termination of the road made by the Boston and Roxbury mill corporation, in Brighton, to a point on the southern bank of Charles river, nearly opposite to the lower wharf of the United States' arsenal, thence, with the consent of the proper authorities of the government of the United States, and not otherwise, across Charles river, by a bridge, to the land adjoining said arsenal above the said wharf, and through the same land in the course and manner prescribed by the said authorities; and thence in the straightest

convenient course to the square in Watertown, with all the pow- Powers and ers and privileges, and subject to all the duties, requisitions, and privileges. penalties, established by the act entitled "an act defining the 1804 ch. 125. general powers and duties of turnpike corporations," and the several acts in addition thereto. And the same corporation shall have power to occupy so much of the marshes over which said road shall pass, as shall be requisite for the purpose of making canals where the same are necessary: provided, that neither of Proviso. the towns of Watertown or Brighton, shall ever be compelled to support any part of said road or bridge without their own con

sent.

SECT. 2. Be it further enacted, That the corporation here- Tolls. by established, may erect any toll gate upon the said road, at such place as they may find most convenient for collecting the tolls, and shall be entitled to demand and receive from each traveller or passenger the same tolls which the Ninth Massachusetts Turnpike Corporation is now authorized to receive at its gate in Bellingham, by an act passed on the eighth day of Febru- 1822 ch. 67. ary last, and no greater: provided, however, that the Legislature Proviso. may at any time reduce the said rates of toll, so that the net proceeds thereof may not exceed six per cent. per annum, calculating upon the average dividends of the three preceding years.

road and make

SECT. 3. Be it further enacted, That the joint committee Committee of of the Senate and House of Representatives, on the subject of Legislature bridges, turnpikes and canals, or a majority of them, be, and may lay out they hereby are authorized to perform all the duties of a com- return. mittee, for laying out the road herein above described, and their return, made to the court of sessions, in the county of Middlesex, shall be as valid and effectual in law, as that of any committee which might be appointed by said court for the same purpose. [Feb. 7, 1824.]

An Act to incorporate the First Universalist Society in Bernardston. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That Joseph Bascom, Stephen Webster, Joseph Davis, David Ryther, George Alexander, Samuel Picket, Jonathan Connable, David Newell, Dorus Bascom, Elizur Chamberlain, Horace Atherton, Solomon Allen, Izatus Sheldon, James Doly, Rufus Horsley, Anson Hitchcock, Charles J. Ryther, John T. Goodrich, Joel Lyons, Smith Hodges, Roswell Purple, Lyman Darling, John Lyon, Louis C. Scott, Linus Stephen Prouty, Nathaniel Tyler, Simeon Allen, Oliver Cook, Jr., Isaac Burrows, Ezra Shattuck, Gideon Ryther, Oliver Wilkinson, Wass Hillman, Amos Davis, Israel Phillips, Israel Phillips, Jr., Samuel Picket, Jr., Pierce Chase, Francis Munn, Phillip Newell, Pliny Warner, Solomon Chapin, Henry Bascom, Jonathan Atherton, Quartus Nash, Ezra Connable, Chester Bascom. Amos Carrier, Benjamin Smith, Joseph Picket, Rufus Scott, Joab Scott, Stephen N. Scott, Alexander Ryther, John Clark, Joseph Atherton, Jr., Josephus Slate, Calvin

Chap. 82.

Persons incor

porated.

Powers and privileges.

Real estate.

Record of deeds.

First meeting.

Cushman and Aaron Spaulding, being inhabitants of several towns in the county of Franklin, with their families and estates, together with such others, living within the said county, as may hereafter associate with them, and their successors, be, and they hereby are incorporated into a society, by the name of the First Universalist Society in Bernardston, with all the privileges, powers and immunities, which other religious societies in this Commonwealth are by law entitled to; and may purchase, receive by gift, or otherwise, real estate, the value of which shall not exceed the sum of four thousand dollars.

SECT. 2. Be it further enacted, That it shall and may be lawful, for all deeds hereafter to be given, on the sale of any interest in the meeting-house erected for the use of the said society, to be recorded by the clerk of said society, in a book to be especially provided for that purpose; and all deeds, legally executed and recorded as aforesaid, shall be deemed sufficient in law, any law or usage to the contrary notwithstanding.

SECT. 3. Be it further enacted, That any justice of the peace for the county of Franklin, upon application therefor, be, and hereby is authorized and empowered to issue his warrant to some member of said society, requiring him to notify the first meeting of said society, at such convenient time and place as may be appointed in said warrant, for the election of officers, and to transact such other parochial business as may be authorized in said warrant. [Feb. 7, 1824.]

Chap. 83. An Acro enable the First Congregational Society in the town of Falmouth to dispose

May sell parsonage lands.

Income of funds appropriated to the support of the ministry.

Committee to manage funds.

of certain real estate.

SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the First Congregational Society in Falmouth be, and they are hereby authorized and empowered to sell and convey in fee simple, all the real estate of said society, consisting of the ministerial or parsonage lands thereof; and for this purpose, at any legal meeting of the said society, to choose a committee, consisting of not less than five, nor more than twelve members of the society, whose duty it shall be to sell and dispose of the lands aforesaid, either at public or private sale, for cash or on credit as they may deem best, and to make, execute and acknowledge a good deed or deeds thereof in behalf of said society, which deed or deeds shall be good and effectual in law, to pass and convey the fee simple from said society, to the purchaser, to all intents and purposes whatever.

SECT. 2. Be it further enacted, That the proceeds arising from the sale of said lands, shall be placed by the committee before named, in some public fund or bank stock, or put out at interest, at the discretion of said committee, the income arising from which fund shall be appropriated towards the support of the gospel ministry in said society.

SECT. 3. Be it further enacted, That the said society may, and shall, at a legal meeting thereof, held within one year after the said monies and proceeds shall so have been invested, and

thereafterwards, annually, choose a committee of the members of said society, whose duty it shall be to manage said fund for the purposes aforesaid, and who shall hold their offices for one year, and until others are elected in their stead. [Feb. 7, 1824.]

Chap. 84.

porated.

An ACT to incorporate the Salem Lead Manufacturing Company. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That Joseph Peabody, John Derby, Jarathmiel Pierce, Persons incorPickering Dodge, Stephen Phillips, and their associates, successors and assigns, shall be, and they are hereby constituted a body politic and corporate, by the name of the Salem Lead Manufacturing Company, and by that name may sue and be sued, plead and be impleaded, defend and be defended in any court of record, or in any place whatsoever, and shall and may do and suffer all matters, acts and things, which bodies politic ought to do and suffer and shall have power to make, have and use a common seal; and the same again at pleasure to break, alter and renew. And the said company shall have all the powers and Powers and privileges, and be subject to all the duties, contained in an act, 1808 ch. 65. entitled "an act defining the general powers and duties of manufacturing corporations," passed on the third day of March, in the year of our Lord one thousand eight hundred and nine, and any other acts additional thereto, which shall have been passed from time to time.

duties.

sonal estate.

SECT. 2. Be it further enacted, That the said corporation be, and the same is hereby empowered to establish, manage and carry on the manufacture of lead and copper, in their various branches, and such other lawful manufactures, as can be conveniently managed and carried on by the said company; and to purchase, take, Real and per hold and convey real and personal estate of every kind, to such an amount as they may find necessary or convenient in the management of their concerns: provided, the same shall not exceed Proviso. the sum of fifty thousand dollars in real estate, nor one hundred [Amount inand fifty thousand dollars in personal estate; and the same to 1830 ch. 25.] manage, improve, change and sell at their pleasure, and to erect on their real estate, to be purchased and held by them as aforesaid, all such buildings, machines, works and improvements, as they may deem necessary or useful in carrying on and managing their manufactures and works, and in conducting the business of the corporation. And the whole of the corporate property shall Shares. be divided into shares, as the said corporation shall direct.

creased

money by as

SECT. 3. Be it further enacted, That the said corporation Power to raise be, and are hereby authorized to raise such sums of money, sessments on as may, from time to time, be necessary for effecting the shares. objects of the said corporation, by equal sments on the several shares therein; and the time when such assessments become due and payable, shall be made known to each proprietor, by the clerk of the said corporation, by written notice, left at his last and usual place of abode, or by letter addressed to him, by mail, or by public notice as the corporation may direct. And the

Sale of shares of treasurer of said corporation is hereby authorized to sell at public delinquents. auction, the share or shares of any proprietor, who shall neglect to pay the assessments laid thereon, within ten days after the same shall become due and payable, as aforesaid; or so many of such shares, as shall be necessary for that purpose, giving notice of the time and place of such sale, in one of the newspapers printed in Salem, or in one, in which the laws of this Commonwealth are ordered to be printed for the time being, thirty days, at least, before the time of such sale; and a deed of such share or shares, duly executed and acknowledged by the treasurer and recorded, shall be a valid conveyance of such delinquent proprietor's share or shares, to the purchaser thereof; and the surplus money, arising from such sale, if any remain (after paying the assessments due and interest thereon, from the time when the same became due, as also all the charges and expenses of such sale,) shall be Assessments re- paid to such delinquent proprietor, or his assigns; or the said corporation may recover the amount of such assessments and interest with costs in an action of debt, in any court having jurisdiction thereof, as they shall elect and determine.

covered by action of debt.

Election of officers, and by-laws.

SECT. 4. Be it further enacted, That the proprietors aforesaid, shall meet at such times, as shall be provided for, in their by-laws, for the purpose of electing such officers, as they shall find necessary, and for transacting any other business, relating to Right to vote. the objects of their incorporation; and every proprietor present, or represented, at any such meeting, shall be entitled to as many votes as he has shares. And in voting for assessments on the shares of the said corporation, three fourths of the votes cast, shall be required, to make such assessments binding on the members thereof.

First meeting.

Chap. 85.

porated.

SECT. 5. Be it further enacted, That the said Joseph Peabody, or either of the aforementioned persons, is hereby authorized to call the first meeting of the said corporation by written notice, to be left at the last and usual place of abode of each proprietor, or by letter addressed by mail, or by public notice, at least seven days previous to the said meeting; at which first meeting, the proprietors present shall choose a clerk, who shall be sworn to the faithful discharge of his duties. [Feb. 7, 1824.] Add. act, 1830 ch. 25.

An ACT to incorporate the Washington Fire and Marine Insurance Company. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of Persons incor- the same, That Oliver Keating, Tobias Lord, Benjamin Guild, John Skinner and Ralph Haskins, with their associates, successors and assigns, be, and they are hereby incorporated into a company and body politic, by the name of the Washington Fire and Marine Insurance Company, with all the powers and privileges granted to insurance companies, and subject to all the restrictions, duties and obligations, contained in a law of this Commonwealth, entitled "an act to define the powers, duties and restrictions of insurance companies," passed on the sixteenth day.

[Name changed 1836 ch. 262.] Powers and pri

vileges.

1817 ch. 120.