real estate at said meeting; and no dividend shall be made or declared on the Condition of dicapital stock of said bank, until the sum of two hundred thousand vidends. dollars shall have been paid in, according to the provisions of this act. And the stockholders, at their first meeting, shall, by a majority of votes, determine the mode of transferring and disposing of the said Transfers. stock, and the profits thereof, which being entered in the books of the 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 in law to have, hold, pur- Limitation of chase, receive, possess, enjoy, and retain to them, their successors and assigns, lands, tenements, and hereditaments, to the amount of twenty thousand dollars, and no more, at any one time, with power to bargain, sell and dispose of the same, and loan and negotiate their monies and effects by discounting, on banking principles, on such security as they shall think advisable: provided, however, that Proviso. nothing herein contained shall restrain or prevent said corporation from taking and holding real estate on mortgage, or execution, 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 Capital necessain, and existing, in gold and silver, in their vaults, shall amount to ry to issue notes. fifty thousand dollars, nor until said capital stock actually in said vaults Vaults to be exshall have been inspected and examined by three commissioners, to amined by combe appointed by the governor, for that purpose, whose duty it shall be, at the expense of the corporation, to examine the monies actually existing in the vaults, and to ascertain, by the oath of the directors, or a majority of them, that said capital stock has been bona fide paid in by the stockholders of said bank, and towards payment of their respective shares, and not for any other purpose, and that it is intended to remain therein as part of said capital, and to return a certificate thereof to the governor. And no stockholder shall be allowed to borrow any money at said bank, until he shall have paid in his full proportion of the whole of said capital stock as herein before provided and required. missioners. SECT. 3. Be it further enacted, That the said bank shall be Location. established and kept in the town of Salem. SECT. 4. Be it further enacted, That whenever the legisla ture shall require it, the said corporation shall loan to the Common wealth any sum of money which may be required, not exceeding ten State may de- not exceeding ave per centum: provided, however, that the Com- Proviso. for choice of officers and making by SECT. 5. Be it further enacted, That William P. Richardson, First meeting George Cleveland, and Stephen White, or any two of them, are authorized to call a meeting of the members and stockholders of said corporation, at such time and place as they may see fit to appoint, by advertising the same in the Salem Gazette and Essex Register, laws. printed in Salem, for the purpose of making, ordaining and establishing such by-laws and regulations, for the orderly conducting the affairs of the said corporation, as the stockholders shall deem necessary, and for the choice of a board of directors, to consist of nine persons, and such other officers as they shall see fit to choose. SECT. 6. Be it further enacted, That the Commonwealth shall have a right, whenever the legislature shall make provision therefor, State may sub- by law, to subscribe, on account of the Commonwealth, a sum not exceeding one half part of the stock actually paid in, to be added to the capital stock of said corporation, subject to such rules, as to the management thereof, as shall be by the legislature made and estab scribe. ferable for one year. lished. SECT. 7. Be it further enacted, That the capital stock of said Stock not trans- bank shall not be sold, or transferred, but shall be holden by the original subscribers thereto, for and during the period of one year from the time of passing this act. And in case the same shall not be put in operation, according to the provisions thereof, within the year aforesaid, it shall be void. [Jan. 31, 1823.] Add. act, 1823, ch. 8: 1829 ch. 82. Chap. 56. An ACT concerning the House of Industry in the city of Boston. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, Directors of the That the city council of the city of Boston shall choose annually, in House of Indus- the month of May, by ballot, nine discreet and suitable citizens to be directors of the house of industry, in said city. try. Powers of directors. Justices of po commit vaga bonds, &c. SECT. 2. Be it further enacted, That the said directors shall have and exercise the like authority and power, in using, regulating and governing said house of industry, as are had and exercised by overseers of the poor within this Commonwealth, and may send such persons to said house, and for such purposes, as overseers of the poor are by law authorized to do. SECT. 3. Be it further enacted, That the justices of the police lice court may court in the city of Boston, in the county of Suffolk, shall have and exercise the like authority and power, in ordering commitments to said house of industry, as are now vested in justices of the peace, as to commitments to houses of correction, according to the provisions of an act, entitled "an act for suppressing and punishing of rogues, vagabonds, common beggars, and other idle, disorderly and lewd persons," passed on the twenty-sixth day of March, one thousand seven hundred and eighty-eight. 1787 ch. 54. of directors. SECT. 4. Be it further enacted, That the said directors shall, Annual report in the month of April, in every year, make report, in writing, to the city council, of the persons who shall have been resident in said house of industry, during the next preceding twelve months, and of the manner in which such persons shall have been employed during their residence therein; and the said directors shall also render to the city council, in the month of April, annually, an account of all monies received and paid on account of the said house. Rules and orders. SECT. 5. Be it further enacted, That all rules and orders for the governing and managing said house of industry, shall, within two months after the same shall have been made, be submitted to the city council; and such rules and orders shall be in force until repealed or altered by said directors, or until disapproved of by vote of the said city council. SECT. 6. Be it further enacted, That no rules or orders shall Same subject. be established for the governing and managing said house of industry by the directors thereof, unless at a meeting at which five or more of the said directors are present. SECT. 7. Be it further enacted, That the city council of the city of Boston be, and the same hereby is authorized and empowered, as soon after the passing of this act as they may see fit, to choose nine directors of said house of industry, to continue in office until the election of directors, which may be made, pursuant to this act, City Council to rectors. in the month of May, in the year one thousand eight hundred and choose first ditwenty-four, any thing in this act to the contrary notwithstanding. [Feb. 3, 1823.] Add. act, 1826 ch. 111: 1833 ch. 126. An ACT to incorporate the Members of the Protestant Episcopal Society of St. Luke's Chap. 57. Church, in the town of Lanesborough. SECT. 1. BE it enacted by the Senate and House of Representa tives, in General Court assembled, and by the authority of the same, That Laban Lasell and Nehemiah Talcott, church wardens, and Persons incorEphraim Bradley, Peter B. Curtis and Sheldon C. Curtis, vestry- porated. men, of the Episcopal Church of St. Luke, in the town of Lanesborough, together with such others as have or may hereafter join said parish or society, and their successors, together with their polls and estates, be, and they hereby are incorporated into a society, or body politic, by the name of the Protestant Episcopal Parish of St. Luke's Church, in Lanesborough; and the said parish are hereby invested with full power and authority to assess and collect of the members belonging to said parish, from time to time, such monies Powers and as are, or may be necessary for maintaining the public worship of privileges. God therein, and for maintaining an instructer of piety, religion and morality, and for erecting and keeping in repair a house for public worship, when they may judge the same necessary; and the said Episcopal Parish are hereby vested with all the powers, privileges and immunities of other religious societies, according to the constitution and laws of the Commonwealth. 1811 ch. 6. SECT. 2. Be it further enacted, That when any person or persons belonging to Lanesborough, or the towns adjoining, may hereafter wish to become members of the said Episcopal Parish in Lanes- Conditions of borough, they shall have a right so to do, by complying with the membership. requisitions contained in the second section of an act, entitled "an act respecting public worship and religious freedom," passed the eighteenth day of June, in the year of our Lord one thousand eight hundred and eleven. And every person, who shall thus become a member of the said Episcopal Parish in Lanesborough, shall be exempt from taxation, for religious purposes, in every other corpo- Exemption. ration whatsoever, so long as he shall continue a member of the said Episcopal Parish in Lanesborough. SECT. 3. Be it further enacted, That the said Protestant Epis- May raise a copal Parish be and they hereby are empowered to raise and estab- fund. lish a fund, in such way and manner as they may see fit, the annual VOL. VI. 6 of fund. income or interest of which shall not exceed the sum of two thousand dollars; the said income or interest, or so much thereof as shall be Appropriation necessary, to be appropriated to the support of a Protestant Episcopal priest, or priests, in said parish. And the wardens and vestry-men of the said parish, for the time being, shall be the trustees of the said fund belonging to said parish, and shall have the care and management thereof, together with all other property, subject to the control and direction of the said parish; and shall have power to sue for, and recover and collect, any monies which may be due and owing to said parish. Wardens may sue for debts. SECT. 4. Be it further enacted, That the first meeting of said parish shall be convened, by a warrant, to be issued by any justice of First meeting the peace for the county of Berkshire, directed to one of the wardens or vestry-men of said parish, requiring him to notify and warn the members of the said St. Luke's Parish, to meet at such convenient time and place, as shall be appointed in the said warrant; and the members of the said parish, being so met, and duly organized, may agree upon and fix the way and manner of calling future meetings. [Feb. 3, 1823.] Chap. 58. An ACT to prevent the destruction of Fish in the Hoosick River, within the towns of Williamstown and Adams. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, Fishing with That from and after the first day of May next, it shall not be lawful nets prohibited. to take or catch any fish, with nets or seines, in the Hoosick River, within the towns of Williamstown and Adams; and every person so offending, contrary to the true intent and meaning of this act, upon conviction thereof, before any court of competent jurisdiction, shall pay a fine of two dollars, one half to the complainant, and the other half to the town in which such offence is committed. Fine. Act may be suspended. Chap. 59. Persons incorporated. SECT 2. Be it further enacted, That the inhabitants of the aforesaid towns of Williamstown and Adams, may, at their annual March or April meeting, by a concurrent vote, suspend the operation of the prohibitions and restrictions contained in this act, for such term of time, not exceeding one year, as to them shall seem expedient provided, however, that the foregoing act shall not be so suspended within two years from the passing of the same. [Feb. 3, 1823.] An ACT to incorporate the Hampshire and Hampden Canal 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 Samuel Hinckley, Ebenezer Hunt, Ferdinand H. Wright, Isaac Damon, Eliphalet Williams, Samuel Fowler, Elijah Bates, William Atwater, Enos Foote, John Mills, and Heman Laflin, their associates and successors, be, and they are hereby constituted and made a body politic and corporate, and shall be and remain a corporation forever, under the name of the Hampshire and Hampden Canal Company; and by that name may sue and prosecute, and be sued and prosecuted, to final judgment and execution, and may have a common seal, and the same may break, alter and renew at pleasure; and shall be, and hereby are vested with all the powers Powers and priand privileges, which are by law incident to corporations of a simi- vileges. lar nature, and which are necessary to carry into effect the objects of the association. SECT. 2. Be it further enacted, That the said corporation may, nal. and the same is hereby authorized to locate, construct, and fully com- Location of caplete a navigable canal, with locks, tow-paths, basins, wharves, dams, embankments, toll houses, and other necessary appendages, commencing at Connecticut River, in Northampton, in the county of Hampshire, and thence, passing through the towns of Easthampton and Southampton, in the county of Hampshire, and Westfield and Boundaries. Southwick, in the county of Hampden, in such course, or courses, as may be deemed most convenient for said company, to the boundary line between Massachusetts and Connecticut; with power to employ and use, as reservoirs, or feeders, for the purpose of supplying with water said canal, or such works as may have any portion of their water diverted from them to supply said canal, the different ponds, rivers, and streams of water, near or over which May use ponds the said canal may pass, and also to save the flood, and other for feeders. waters of the ponds, rivers and streams, so used as aforesaid, and to construct artificial reservoirs for the purposes aforesaid. the said corporation shall have power to connect with said canal, by feeders, or by navigable canals, any or all of said ponds, riv And ers, streams, and reservoirs : provided, however, that all damages Proviso. route. Be it further enacted, That if at any time after said canal or any of its branches or feeders, are located, any unforeseen obstacles, impediments, or inconveniences occur on the route locat- May deviate ed, the said corporation shall have power to deviate from the course from original marked out, so far, and in such manner, as may be best ca'culated to surmount, overcome, or avoid such obstacles, or inconveniences, said corporation satisfying all damages which may be occasioned thereby, in the manner hereinafter provided; and said corporation may, from time to time, make such alterations in the course of said canal, its branches, and feeders, as may be necessary or expedient, satisfying all damages in manner aforesaid. erect mills. SECT. 4. Be it further enacted, That the said corporation be, and is hereby authorized and empowered to purchase and hold, to them and their successors, forever, real estate, not exceeding in May hold real value, the sum of three hundred thousand dollars, and may erect estate, and mills, and other works, on the waters connected with said canals, feeders, and reservoirs provided, however, that when, by reason of Proviso. the construction of said canal in any of the towns before mentioned, there shall be no grist mill remaining therein, said corporation shall not be authorized to construct any other mills, or works, to be carried by water, in such town, or towns, respectively, until provision shall have been made for a grist mill therein, for the convenience and accommodation of the inhabitants of the same. SECT. 5. Be it further enacted, That a toll be, and hereby is Tolls. |