Chap. 29.

An Act to revive and continue a term of the Supreme Judicial Court. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, Term revived. That the term of the supreme judicial court, which was begun and holden at Boston, in the county of Suffolk, and for the counties of Suffolk and Nantucket, on the third Tuesday of November last, notwithstanding any defect in the regular adjournments thereof from day to day, and time to time, shall be taken and deemed to revive, continue and be in full force, on, from and after Monday, the thirty-first day of January, instant, to all intents and purposes, as if the said court had stood regularly adjourned to that day, and all actions, suits, matters and things which were pending in the said supreme judicial court, on the day of its last adjournment and sitting, and all writs, warrants, recognizances and processes returnable to, and which would have had day therein, had the said court been regularly adjourned to said day, shall be returnable to, and have day in, and be acted upon by the said supreme judicial court, in the same manner, and to the same effect, as if said court had stood adjourned to that day. And all parties, jurors, witnesses and others who would have been held to appear and attend at said court, had the same been regularly adjourned as aforesaid, shall be holden to appear on said Monday, the thirty-first day of January, instant, in the same manner, and to the same effect, as if the said court had stood regularly adjourned to that day. [Jan. 29, 1831.]

Chap. 30.

Persons incorporated.

Real and personal estate.

First meeting.

An Act to incorporate the Salem Dispensary.

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, Benjamin Pickman, Daniel A. White, John Brazer, William Dean, Abel L. Peirson, Joseph Beadle, John Stone, Robert Brookhouse, George Peabody, Henry Whipple, and Charles Lawrence, with their associates and successors, be, and they are hereby made a corporation, by the name of the Salem Dispensary, for the purpose of affording medical advice and relief to the sick poor of the town of Salem; and by that name may sue and be sued, plead and be impleaded, appear, prosecute and defend to final judgment and execution, and may have a common seal, and may elect such officers, and make and establish such by-laws and regulations, as they may deem necessary or expedient for the management of their affairs: provided, that such by-laws and regulations shall not be repugnant to the constitution and laws of this Commonwealth.

SECT. 2. Be it further enacted, That the corporation hereby established, may take and hold for the purpose aforesaid any real or personal estate, the annual income of which shall not exceed the sum of three thousand dollars.

SECT. 3. Be it further enacted, That either of the persons named in the first section of this act, be and is hereby authorized to call the first meeting of the corporation, by giving notice thereof in one or more of the newspapers printed in the town of

Salem, at least seven days before the time of holding such meeting.

trol.

SECT. 4. Be it further enacted, That this act may be Legislative conamended or repealed at the pleasure of the Legislature. [Feb. 3, 1831.]

An ACT to incorporate the Provident Institution for Savings in the town of Gloucester Chap. 31.

and vicinity.

SECT. 1. BE it enacted by the Senate and House of Repre

sentatives, in General Court assembled, and by the authority

of the same, That Israel Trask, Ebenezer Dale, Benjamin K. Persons incorHough, William Pearce, Jr., William Ferson, James Mans- porated. field, Henry Smith, William W. Parrott, Hosea Hildreth, Zechariah Stevens, William Beach, Elias Davison, Richard G. Stanwood, John W. Low, William Stevens, Alphonso Mason, Samuel Stevens, Daniel W. Rogers, Samuel Lane, Gideon Lane, Jr., Ebenezer Pool, Jr., Solomon Pool, William Pearce, Samuel Dexter, Eli Stacy, Samuel Pearce, George W. Pearce, John Johnston, Richard Friend, Samuel Kemball, Frederick G. Low, Samuel Caswell, William Saville, Samuel Giles, and John Gott, and such others as may be duly elected, and their successors, be, and they are hereby incorporated into a body politic, by the name of the Gloucester Institution for Savings.

SECT. 2. Be it further enacted, That the said corporation Deposits. shall be capable of receiving, from any person or persons disposed to obtain and enjoy the advantages of said institution, any deposit or deposits of money, and to use and improve the same for the purposes, and according to the directions herein mentioned and provided.

posits.

SECT. 3. Be it further enacted, That all deposits of money Investment and received by said institution, shall be by them improved to the income of debest advantage, and be invested in such manner, as will best promote the objects of the institution, and the income or profit thereof shall be by them divided among the persons making the said deposits, their executors, administrators or assigns, in just proportion, with reasonable deductions for expenses, and the principal of such deposits may be withdrawn, at such times and in such manner, as the said institution shall direct and appoint.

SECT. 4. Be it further enacted, That the said corporation Election of shall at any legal meeting have power to elect by ballot any other members. person or persons as members of said institution; and any member upon filing a written notice with the president thereof, three months prior, may, upon any annual meeting of said corporation, withdraw, and forever dissolve his connexion with the same.

ers.

SECT. 5. Be it further enacted, That the said corporation General powmay have a common seal, which they may alter and renew at pleasure, and that all deeds, conveyances, grants, covenants, contracts and agreements, made by their treasurer or any other person or persons by their authority and direction, shall be good and valid, and the said corporation shall at all times have power to sue, and may be sued, and may defend, and shall be held to answer by the name aforesaid.

Time and place

cers, &c.

SECT. 6. Be it further enacted, That the said corporation of meeting, offi- shall hereafter meet at Gloucester, some time in the month of February annually, and at such other times as the corporation may direct; and any seven members of said corporation, the president, treasurer or secretary being one, shall be a quorum, and the said corporation at their first meeting, and at their meetings in February annually, shall have power to elect by ballot, a president, and a treasurer, who shall give bond in the sum of five thousand dollars for the faithful discharge of the duties of his office, and such other officers as to them shall appear necessary, which officers, so chosen, shall continue in office one year, and until others are chosen in their stead; and all officers, so chosen, shall be under oath to the faithful performance of the duties of their offices respectively.

Statement of affairs.

By-laws.

First meeting.

Chap. 32.

SECT. 7. Be it further enacted, That the officers and agents of the said institution shall lay a statement of the affairs thereof before any persons appointed by the Legislature to examine the same, whenever required so to do, and shall exhibit to them all the books and papers relating thereto, and shall submit to be examined by them concerning the same under oath.

SECT. 8. Be it further enacted, That the said corporation shall have power to make by-laws for the more orderly managing of their concerns, provided the same are not repugnant to the constitution and laws of this Commonwealth, and the Legislature may, at any time, make such further regulations for the government of the said institution as they may deem expedient, and may, at any time hereafter, alter, amend or repeal this act.

SECT. 9. Be it further enacted, That Israel Trask, William Pearce, Jr., and Henry Smith, or any two of them, shall have power to call the first meeting of the said corporation at such time and place as they may direct, by giving public notice thereof, in the public newspaper printed in said town. [Feb. 3, 1831.]

An ACT to incorporate the Proprietors of Newton Female Academy. 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 Joseph Grafton, Matthias Collins, William Jackson, their associates and successors be, and they hereby are made a body corporate, for the purpose of promoting the education of youth and others in the town of Newton, by the name of the Proprietors of the Newton Female Academy.

porated.

Real and personal estate.

By-laws.

SECT. 2. Be it further enacted, That said corporation may hold real estate not exceeding in value five thousand dollars, and personal estate not exceeding the same sum, the income thereof to be appropriated and used for the purposes expressed in this

act.

SECT. 3. Be it further enacted, That said corporation may, from time to time, make such by-laws as they may deem necessary for managing the interests of said academy, and may modify and alter the same at their pleasure, provided such by-laws be not repugnant to the laws and constitution of the Commonwealth.

SECT. 4. Be it further enacted, That any one of the per- First meeting. sons named in this act may call the first meeting of said proprietors, and fix the time and place of said meeting, by giving written notice thereof ten days previous to the time of said meeting.

SECT. 5. Be it further enacted, That this act may be alter- Legislative ed or repealed by the legislature at any time hereafter. [Feb. control. 4, 1831.]

An ACT to incorporate the Fourdrinier Paper Company.

Chap. 33. 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 Parker, Samuel Townsend and Peter Persons incorC. Jones, with such other persons as may become associates porated. with them, their successors and assigns, be, and they hereby are created a body corporate, by the name of the Fourdrinier Paper Company, for the purpose of manufacturing paper on the Assobet River, in the towns of Stow and Sudbury, in the county of Middlesex, and for this purpose shall have all the powers and Powers and duprivileges, and shall be subject to all the duties and requirements, contained in an act entitled "an act defining the general powers 1829 ch. 53. and duties of manufacturing corporations," passed on the twentythird day of February, in the year of our Lord one thousand eight hundred and thirty.

ties.

SECT. 2. Be it further enacted, That the said corporation Real and permay lawfully take and hold such real estate, not exceeding in sonal estate. value the sum of twenty thousand dollars, and such personal estate, not exceeding in value the sum of thirty thousand dollars, as may be suitable and convenient for the manufacture aforesaid. [Feb. 5, 1831.]

An ACT to incorporate the Pigeon Cove Harbor Company. SECT. I. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authori

Chap. 34.

ty of the same, That Charles Wheeler, John W. Wheeler, Persons incorDavid Babson and Gorham Babson, their associates, successors porated. and assigns, be, and they hereby are made a corporation, by the name of the Pigeon Cove Harbor Company, and by that name may sue and be sued and said corporation shall have the power to use a common seal, to make by-laws for the regulation of the

affairs of the corporation, and to purchase, take, hold and con- Real and pervey such real and personal estate, not exceeding in amount the sonal estate. sum of one hundred thousand dollars, as may be necessary to erect and maintain a pier or breakwater in Pigeon Cove, in the town of Gloucester, on the north east side of said cove, commencing at the Pillions, (so called,) and extending in a south easterly direction to the Great Ledge, which lies at the mouth of said cove; and from said ledge in a south westerly direction, to another ledge which is covered at low tide.

SECT. 2. Be it further enacted, That said corporation shall have power to explore, and lay out one or more parcels of flats, shores and uplands, extending not more than fifty rods into the

May lay out lands.

flats and up

Committee to

ages.

sea, nor more than one hundred rods above high tide mark, in any direction most convenient for them, without interfering with the rights of the "Pigeon Cove Pier Company," for the purpose of making said breakwater or pier, and forming a basin within the same and any person sustaining any damage by the building of said breakwater or pier, may apply, if within two years from the time when such damage may happen, to the court estimate dam- of common pleas holden within and for the county of Essex, for a committee to be appointed to estimate the damage, unless the parties shall agree to settle the matter by arbitration or otherwise; and on such application, the court, after thirty days notice to said corporation to appear and shew cause why such committee should not be appointed, shall, if no good cause be shewn to the contrary, appoint three or five disinterested freeholders within said county, which committee, being first sworn before some justice of the peace, appointed by said court, and giving due notice to both parties to appear, if they see fit, and be heard before them, shall proceed to the duties of their appointment, and they shall enquire whether any damage has been sustained from the causes aforesaid, and if any, they shall estimate the same: and they shall also take into consideration and set off against such damage, any benefits and advantages which may result to the party complainant in consequence of the erection of said breakwater or pier: and if the said benefits shall be found to exceed or to equal the said damages, then the said committee shall make their report that the complainant take nothing by his complaint; and they, or the major part of them, shall make return of their doings, as soon as may be, into the said court, and upon the acceptance of the said report, judgment may be rendered for the prevailing party with reasonable costs: provided, nevermay have a trial theless, that either party, after the return of said report, may claim a trial by jury and the court shall thereupon stay judgment on said report, and upon such application shall order a trial by jury at the bar of said court. And the said jury shall inquire into the damages and estimate the same, if any; and shall also take into consideration, and set off against such damage, any benefits which may result to the party complainant in consequence of the erection of such breakwater or pier and if the said benefits shall be found to exceed or to equal the said damages, then the said jury shall return their verdict for the respondents, and judgment shall be rendered for the respondents for costs. And if the party applying for a jury shall not obtain, in case it be the original applicant, an increase of damages, or in case it be the original respondent, a decrease of damages awarded by the committee, such party shall pay reasonable costs of such trial by jury, or otherwise shall recover reasonable costs; and upon any judgment, rendered upon the report of such committee, or the verdict of such jury, the court may issue execution accordingly on the motion of the party entitled thereto, and an action of debt may be maintained on such judgment. And if, upon notice to said corporation aforesaid, to shew cause why such committee

Either party

by jury.

: