and he is hereby authorized to call the first meeting of said cor- First meeting. poration for the purpose of organizing the same, by giving public notice thereof in some newspaper published in the county of Plymouth, three weeks successively, the last publication to be thirty days at least before the time of such meeting, or by leaving a written notification at the last and usual place of abode of each member of said corporation, seven days at least previous to such meeting, which notifications shall state the object of the meeting. [Jan. 26, 1826.]

An Act to change the name of Christopher Gillpatrick.

Chap. 59.

BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That Christopher Gillpatrick, of Boston, shall hereafter be known Change of and called by the name of Christopher Gill, and the same shall be name. considered as his only proper and legal name. [Jan. 26, 1826.]

An Act to incorporate the Boston Type and Stereotype Foundry. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority

Chap. 60.

of the same, That Timothy H. Carter, Charles C. Little, Wil- Persons incorliam Hilliard, with such other persons as already have, or may porated. hereafter associate with them, their successors and assigns, be, and they are hereby constituted, for the purpose of establishing, managing and carrying on, in the counties of Suffolk and Middlesex, the manufacture of printing types and stereotype plates in all its various branches, and of all other articles used in printing or engraving, a body politic and corporate, by the name of the Boston Type and Stereotype Foundry, 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 Powers and and use a common seal, and the same again at pleasure to break, privileges. alter and renew. And the said company shall have all the powers and privileges, and be subject to all the duties contained in an

act, entitled "an act defining the general powers and duties of 1808 ch. 65. 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.

SECT. 2. Be it further enacted, That the said corporation Real and permay purchase, take, hold and convey real and personal estate of sonal estate. 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 the sum of fifty thousand dollars in real estate, nor one hundred thousand dollars in personal estate.

SECT. 3. Be it further enacted, That the said corporation Assessments. be, and are hereby authorized to raise such sums of money, as may, from time to time, be necessary for effecting the objects of the said corporation, by equal assessments on the several shares therein; and the time when such assessments become due and

Treasurer to

sell shares of delinquents.

Corporation may have action of debt.

First meeting.

Chap. 61.

porated.

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 treasurer of said corporation is hereby authorized to sell, at public 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 become necessary for that purpose, giving notice of the time and place of such sale, in one of the newspapers printed in Boston, 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 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.

SECT. 4. Be it further enacted, That Timothy H. Carter, 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. [Jan. 26, 1826.]

An Act to incorporate the Liberty Square Warehouse 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 John Hubbard, Henry Hubbard, and William F. Otis, and all such persons as may associate with them as proprietors, their successors and assigns, shall be, and hereby are constituted a body politic and corporate by the name of the Liberty Square Warehouse Company, and by that name may sue and be sued, defend and be defended, in any courts of record or other place whatsoever, and shall and may do and suffer all matters, acts, and things, which bodies politic may do and suffer, and may make, have, and use a common seal, and the same at pleasure break, alter and renew, and ordain and put in execution such by-laws, ordinances, and regulations as to them shall appear necessary and convenient, for the government of said corporation, and for the prudent management of their affairs; and for the breach of such by-laws, ordinances, and regulations, may order fines and penalties, not exceeding ten dollars for every breach: provided,

Powers and privileges.

that such by-laws, ordinances and regulations shall not be repugnant to the laws of this Commonwealth.

SECT. 2. Be it further enacted, That the said corporation Real estate. be, and the same hereby is declared capable to hold, have, and possess, in fee simple or otherwise, all or any part of that real estate in the city of Boston, bounded north on Liberty Square, west on Kilby street, south on Milk street, and east on Battery March street provided, the said corporation shall acquire the Proviso. same by legal grant from the lawful proprietors thereof. And said corporation shall have power to grant, sell and alien, in fee simple or otherwise, the said corporate property or any part thereof, and to lease, manage, and otherwise improve the same, according to their will and pleasure, and by such forms of conveyance and contract as shall by their by-laws be provided.

shares.

SECT. 3. Be it further enacted, That said proprietors, at any Number and legal meeting, may agree upon the number of shares into which transfer of said estate shall be divided, and agree upon the form of certificates to be given to the proprietors, which shares shall be deemed and considered as personal estate, and shall be transferable by assignment on the back of the certificate, recorded by the clerk of the corporation, in a book to be kept for that purpose, and shall be liable to attachments on mesne process and sale on execution in the manner and according to the form of the statutes making provision for the attachment and sale of shares of debtors in incorporated companies.

mesne process.

SECT. 4. Be it further enacted, That the real estate and Real estate may other property of said corporation shall be liable to be attached be attached on on mesne process, and be set off and sold on execution against the corporation in the same manner as the property or estate of individuals, is by law subject to mesne or final process.

SECT. 5. Be it further enacted, That said corporation shall have power, from time Assessments. to time, to assess on the stockholders such sums of money, not exceeding in the whole

three hundred dollars on each share, for the purchase, improvement, and good manage- [This section ment of their estate, and for erecting, repairing, or altering buildings, or for the inci- repealed, 1826 dental expenses of the corporation, and to sell or dispose of the shares of any delinquent ch. 5.] proprietor for the payment of such assessment, in such way and manner as said corporation may, by their by-laws and regulations, determine and agree upon.

SECT. 6. Be it further enacted, That in all meetings of the One vote may stockholders in the said corporation, each member shall be enti- be given for tled to one vote for each share held by him.

each share.

SECT. 7. Be it further enacted, That either of the persons First Meeting. named in the first section of this act may call the first meeting of said corporation, by advertising in any newspaper printed in Boston, three times, the first not less than three days before the time appointed for such meeting; and the corporation, at their first meeting, and afterwards annually, on such day as shall be established by the by-laws, shall choose a president, clerk, and such other directors or officers as they may see fit, which clerk shall be under oath; they may also agree upon the mode of calling future meetings.

SECT. 8. Be it further enacted, That all covenants or con- Contracts bindtracts, which shall be made by said corporation, and all debts due ing on individufrom it shall be binding on each one and all of those persons, in

als.

Continuance of

act.

Chap. 62.

Persons incorporated.

Powers and privileges.

1804 ch.125.

Chap. 63.

take fish.

dividually, who shall be stockholders in said corporation, when such contracts respectively are made; and on their respective heirs, executors and administrators, in the same manner as if such covenants or contracts had been made on debts contracted by such stockholder or stockholders, in his or their individual capacity.

SECT. 9. Be it further enacted, That this act shall continue in force twenty years from the passing thereof, after the expiration of which time, the same may be repealed at the pleasure of the Legislature: provided, that in case of such repeal, the lands and tenements of said corporation shall be vested in the share holders at the time of such repeal, and their heirs as tenants in common, in proportion to their respective interest in the premises. [Feb. 3, 1826.] Add. act, 1826 ch. 5.

An ACT to establish the Poutoosac [Pontoosac] Turnpike Corporation. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That Jonathan Allen, Lemuel Pomeroy, Joseph Shearer, Joseph Merrick, Thomas Gold, James Fowler, Henry Stearns, and Enos Foot, together with such others as have associated, or may hereafter associate with them, their successors and assigns, be, and they hereby are made a corporation, by the name of the Poutoosac [Pontoosac] Turnpike Corporation, for the purpose of making a turnpike road from the south east part of Pittsfield, in the best course through parts of the towns of Hinsdale, Middlefield, Washington and Chester, so as to cross the line between said towns of Washington and Middlefield, at or near the Potter house, so called, thence along the Mill brook, so called, to the place of the conjunction of said brook with the Westfield river, thence along said Westfield river, until it shall intersect the road leading from Albany to Westfield, at a point near the tavern-house of Col. Henley; and for this purpose shall have all the powers and privileges, and be subject to all the duties, requirements and penalties contained in an act entitled "an act defining the general powers and duties of turnpike corporations," passed the sixteenth day of March, in the year of our Lord one thousand eight hundred and five, and the several acts in addition thereto. [Feb. 15, 1826.] Add. acts, 1828 ch. 35: 1829 ch. 51.

An Act for the preservation and regulation of the Fishery in the town of Falmouth. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of Persons not to the same, That from and after the first day of March next, it shall not be lawful for any person living without the jurisdiction of this Commonwealth, to take any lobsters, tautog, bass, or other fish, within the harbors, inlets, coves or waters of the town of Falmouth, for the purpose of carrying them away from said waters in smacks or vessels owned without the Commonwealth, of any size, nor any owned within this Commonwealth over fifteen tons, and any and every person offending against the

provisions of this act, shall forfeit and pay the sum of ten dollars Forfeitures. for every offence, and also forfeit all the fish and lobsters so taken, or the value thereof.

SECT. 2. Be it further enacted, That the waters and shores Limits assigned. of said town of Falmouth, shall be considered and taken by this act to extend from the shores of said Falmouth, including all the waters, islands and rocks lying within one mile of the main land.

SECT. 3. Be it further enacted, That all fines and forfei- Fines appropritures which may be incurred for offences against this act, shall ated. be, one half to him or them who may first sue for the same, and the other half to the use of the town to which the complainant belongs, and the said fines and forfeitures may be recoverable with legal costs of suit, by action of debt or information before any justice of the peace for the county of Barnstable, and any person or persons aggrieved by the sentence of the justice of the peace, given in pursuance of this act, may appeal therefrom to the next court of common pleas, to be holden in the county in which judgment may be rendered.

SECT. 4. Be it further enacted, That to prevent the de- Law extended struction of oysters and all other shell fish, within the waters be- to Falmouth. longing to the said town of Falmouth, all the provisions, fines, forfeitures, penalties, seizures, and appropriations prescribed and contained in an act, passed in the year of our Lord, seventeen hundred and ninety-six, entitled "an act to prevent the destruc- 1795 ch. 71. tion of oysters and other shell fish in this Commonwealth," and also the several acts in addition thereto, so far as they may be applicable to the purposes of this act, be and they are hereby extended to the said town of Falmouth. [Feb. 15, 1826.]

An ACT in addition to an Act, entitled “ An Act to incorporate the Duxbury Manufac- Chap. 64.

turing Company."

Marshfield.

BE it enacted by the Senate and House of Representatives, 1812 ch. 90. in General Court assembled, and by the authority of the same, That the Duxbury Manufacturing Company be, and they here- May transact by are authorized to hold real estate, and prosecute the busi- business in ness for which they were incorporated, at Marshfield, in the county of Plymouth, as well as at Duxbury, in said county: provided, however, that nothing in this act contained shall be so Proviso. construed as to increase the capital stock of said company, beyond the amount limited by the act to which this is in addition. [Feb. 15, 1826.]

An ACT to incorporate the Proprietors of a Fund for the support of Public Worship, in

the Fourth Congregational Precinct, in the town of Rochester, in the county of Ply- Chap. 65.

mouth.

SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That George B. Nye, John B. Blankinship, Barna- Persons incorbas B. Nye, Stephen Delano, Stephen Hammond, John Cole- porated. man, David Hathaway, John Clapp, Caleb Handy, Joseph Handy, Alfred Kindrick, Seth Blankinship, Benjamin Delano, Weston Allen, and Oliver Cobb, with such others as shall here