affairs at a legal meeting notified for such purpose, and shall continue in force until modified or repealed by the Legislature. [March 17, 1832.] Add. act, 1835 ch. 87.

Chap 141. An Act to incorporate the President, Directors and Company of the Dorchester and

Milton Bank.

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 Moses Whitney, Darius Brewer, Samuel porated. Bridge, Caleb Hobart, Robert P. Tolman, Abel Cushing and Asaph Churchill, their associates, successors and assigns shall be, and they hereby are created a corporation by the name of the President, Directors and Company of the Dorchester and Milton Bank, and shall so continue until the first day of October, which shall be in the year of our Lord one thousand eight hunPowers and du- dred and fifty-one, and shall be entitled to all the powers and

ties.

1828 ch. 96.

1830 ch. 58.

Transfer of stock.

Capital stock.

Location.

Chap 142.

Persons incor

porated.

privileges, and subject to all the duties, liabilities and requirements, contained in an act passed on the twenty-eighth day of February, in the year of our Lord, one thousand eight hundred and twenty-nine, entitled "an act to regulate banks and banking," and to the further provisions contained in an act passed the twenty-eighth day of February, in the year of our Lord one thousand eight hundred and thirty-one, entitled "an act to continue the banking corporations therein named, and for other purposes."

SECT. 2. Be it further enacted, That the stock in said bank shall be transferable only in its banking house, and in its books, and no part thereof shall be transferred by way of security for the performance of any obligation whatsoever, until two years from the payment of the first instalment into said bank.

SECT. 3. Be it further enacted, That the capital stock of said corporation shall consist of the sum of one hundred thousand dollars, to be divided into shares, [of] one hundred dollars each, to be paid in such instalments, and at such times, as the stockholders may direct: provided, the whole be paid in, within one year from the passing of this act.

SECT. 4. Be it further enacted, That said bank shall be established in the town of Dorchester and in the Lower Mills village, and as near to Milton bridge as conveniently may be, and that any three of the persons named in this act shall be authorized to call the first meeting of said corporation, by giving public notice of the same in any newspaper published in the city of Boston, ten days at least, before said meeting. [March 17, 1832.]

An ACT to incorporate the Union Marine Insurance 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 Charles D. Coolidge, Charles Thatcher and their associates, and their successors and assigns, be and they are hereby incorporated and made a body politic by the name of the Union Marine Iusurance Company," for the purpose

of making maritime loans and insurance against maritime losses,

in the usual and customary manner, with all the privileges and Powers and dusubject to all the duties and obligations contained in a law en- ties. titled "an act to define the powers, duties and restrictions of 1817 ch. 120. insurance companies" passed on the sixteenth day of February in the year of our Lord one thousand eight hundred and eighteen, and in an act, in addition thereto, passed March sixth, in the year of our Lord one thousand eight hundred and thirtytwo, entitled "an act in addition to an act to define the pow- 1832 ch. 95. ers, duties and restrictions of insurance companies," for and during the term of twenty years from and after the passing of this act, and by the name aforesaid, they may sue and be sued, plead and be impleaded, appear, prosecute and defend to final judgment and execution, and they may have a common seal, which they may alter at pleasure, and they may purchase, hold and convey any estate real or personal for the use of said company provided, that the real estate shall not exceed the value Real estate. of fifty thousand dollars, excepting such as may be taken for debt, or held as collateral security for money due to said company.

SECT. 2. Be it further enacted, That the capital stock of Capital stock. said company shall be two hundred thousand dollars, and shall be divided into shares of one hundred dollars each, and shall all be collected and paid in, in such instalments, and under such provisions and penalties as the president and directors of said company shall order and appoint.

SECT. 3. Be it further enacted, That the "Union Ma- Location. rine Insurance Company" shall be located in the city of Boston. [March 17, 1832.] Add. act, 1833 ch. 207.

An ACT to establish a Police Court for the towns of Newbury and Newburyport. Chap 143. 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 towns of Newbury and Newburyport shall Newbury and hereafter form a district for the administration of justice therein, made a district. Newburyport conformably to the provisions of this act.

established.

SECT. 2. Be it further enacted, That there shall be, and Police court hereby is established, within and for said district, a police court, to consist of one able, learned and discreet person, to be appointed and commissioned pursuant to the constitution, to take Jurisdiction in cognizance of all crimes, offences and misdemeanors committed criminal cases, within the district aforesaid, whereof justices of the peace may take cognizance by law; the said justice to hold his office for the same time, and by like tenure as other justices of the peace. The court hereby established shall hear and determine all suits, complaints and prosecutions, cognizable by it, in like manner as is provided by law for the exercise of the powers and authority which now are or may hereafter be vested in justices of the peace, and do all acts, necessary to, or consistent with such powers and authority; and said court shall also have original, exclusive juris--in civil cases diction and cognizance, of all civil suits and actions hereafter to

All warrants re

court.

be tried and determined within said district, and which, before the passing of this act, might by law be tried and determined before any justice of the peace within either of the said towns; and no writ, in any such suit or action, shall be made returnable before any other justice of the peace, within said district but to said court only; and an appeal shall be allowed from all orders, decrees and judgments in said court, in like manner, and to the same extent, that appeals are now allowed by law from orders, decrees and judgments of justices of the peace; and the justice of said court shall not be of counsel or attorney to any party in any matter or thing whatsoever, which may be pending in said court.

SECT. 3. Be it further enacted, That all warrants issued turnable to said by said court, or by any justice of the peace within said district, shall be made returnable and be returned before said court; and if any warrant shall be issued by any justice of the peace, returnable before said court, the lawful fees, payable therefor, shall not be paid or allowed on the examination or hearing before said court, unless it shall appear to said court that there was reasonable cause for issuing said warrant, in which case such fees, costs and charges shall be allowed and taxed, in like manner as though said warrant had been issued by a justice of the peace, according to the laws. now in force.

Costs and fines.

Court, when to be held.

Suits pending.

Two special justices to be appointed.

SECT. 4. Be it further enacted, That all costs in criminal prosecutions, before said court, which shall be received by or paid into the hands of said justice, shall, on demand, be paid over to the persons to whom such costs are due; and all costs in such prosecutions not thus received shall be made up, taxed, certified, and allowed, and shall be paid and satisfied in like manner as is now or may hereafter be provided by law in the case of justices. of the peace, and all fines and forfeitures received by said court shall be paid over in the same manner, and under the same penalties for neglect as are prescribed in the case of justices of the peace.

SECT. 5. Be it further enacted, That a court shall be held by said justice, on one day of each week, at nine of the clock in the forenoon, and as much oftener as may be necessary, to take cognizance of crimes, offences and misdemeanors, and on one day in each week, at ten of the clock in the forenoon, and at such other times as may be necessary, for the trial of civil suits and actions; and the justice of said court shall, from time to time, establish all necessary rules for the orderly and uniform conducting of the business of said court.

SECT. 6. Be it further enacted, That all suits, actions and prosecutions which shall be instituted and pending before any justice of the peace within the district aforesaid, when this act shall take effect, shall be heard and determined as though said act had not been passed.

SECT. 7. Be it further enacted, That there shall be appointed by the governor, by and with the advice and consent of council, two special justices of said court, and whenever it shall happen that the justice of said court shall be a party, or interested

in any suit or prosecution, cognizable in said court, or be akin to either party therein, or shall from any cause be unable to attend said court, or hear and determine any matter or thing pending therein, the cause shall be assigned on the record; and the court may and shall be held, and its jurisdiction exercised by one or both of said special justices, upon a summons issued to one or both, by the standing justice of said court; and the said special Compensation. justices shall be paid for the services herein required of them, out of the monies received in said court, such sum as the justice of said court would be entitled to receive for the same services.

kept.

SECT. 8. Be it further enacted, That the justice of said Record of procourt shall keep a full and fair record of all proceedings in said ceedings to be court, and shall make return, to the several courts, of all legal processes, and of his doings therein, in the same manner as justices of the peace are now by law required to do.

SECT. 9. Be it further enacted, That this act shall go Act, when to into operation from and after the first day of May rext, unless the take effect. towns of Newbury and Newburyport, or either one of them, shall at a legal town meeting, called for that purpose, refuse to accept the same, and shall signify said refusal to the governor, on or before the first day of April next, and the governor shall have power by and with the advice and consent of council, to appoint said justice and special justices, at any time after the said first day of April.

SECT. 10. Be it further enacted, That all acts and parts of Repeal. acts, so far as they are inconsistent with the provisions of this act, be and the same are hereby repealed. [March 17, 1832.] See 1833 ch. 192.

An ACT to incorporate the Proprietors and Trustees of the Dorchester Academy. Chap 144. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That John Codman, Benjamin Fuller, John Capin, Persons incorJames Penniman, Aaron Nixon, Thomas Tremlett, James porated. Leach, and Joseph Leeds, their associates, successors and assigns, be, and they hereby are created a body politic and corporate, by the name of the Proprietors of Dorchester Academy,

in the town of Dorchester, county of Norfolk, with power to Real estate. hold real estate not exceeding ten thousand dollars in value, to be used and applied solely for the purposes of education. And Officers, &c. the said proprietors shall have power from time to time to choose a clerk, and such other officers as they may judge necessary; may have a common seal, which they may alter at their pleasure; may make contracts, sue and be sued in all actions, and prosecute and defend the same to final judgment and execution, and may make and establish any by-laws, rules and regulations for the government of their affairs, for the division of their property into shares, and for the sale and transfer thereof: provided, the same be not repugnant to the constitution and laws of this Commonwealth.

SECT. 2. Be it further enacted, That the said proprietors Assessments may, from time to time, at any legal meeting called for the pur- upon shares.

to pay assessments.

pose, assess upon each share in the capital stock such sum or sums of money as they may judge expedient for the hire or purchase of land, and the erecting, improvement, and repairs of buildings and grounds, and for defraying the expenses thereof, to be paid to the treasurer at such time or times as they may direct, each proprietor having a right to as many votes as he holds Sale of shares shares, and may vote by proxy; and if any proprietor shall neglect to pay any such assessment for the space of fifteen days after such time, it shall be lawful for the treasurer to sell, at public vendue, such share or shares of such delinquent proprietor, first giving notice of the time and place of sale fourteen days at least. before the sale, by posting up a notification at said academy, and two other public places in said town, and such sale shall be a legal transfer of the share or shares so sold to the purchaser thereof and provided, such sale of share or shares shall more than pay the assessment or assessments due thereon, with all the incidental expenses attending the sale, such surplus shall be paid over to the delinquent proprietor.

Board of trus

tees.

Real and personal estate.

First meeting.

Chap 145.

1817 ch. 103.

1830 ch. 69.

SECT. 3. Be it further enacted, That John Codman, James Penniman, Thomas Tremlett, James Leach, and Joseph Leeds, be, and are hereby constituted a board of trustees, whose duty it shall be to act as visitors and governors of said schools, that are now, or may hereafter be established in said academy; to elect and contract with teachers, to prescribe their duties, and to pay them and all incidental expenses attending the school or schools, and shall have the control of the tuition fees, and all such funds as may hereafter be given, devised or bequeathed to them, and to make and ordain by-laws for the regulation of their meetings of business, and reasonable rules and orders for the government and discipline of said schools in said academy, and the said trustees are hereby authorized to fill all vacancies that may hereafter happen in the said board of trustees.

SECT. 4. Be it further enacted, That said trustees may lawfully take and hold, by gift, grant, bequest, devise or otherwise, any real or personal estate, for the benefit of said school or schools in said academy: provided, the annual income thereof shall not exceed five thousand dollars.

SECT. 5. Be it further enacted, [That] any one of the proprietors named in this act, may call the first meeting of the proprietors, by giving written or personal notice of the time and place of meeting to each proprietor, ten days before the day of such meeting. [March 20, 1832.]

An ACT to prevent the destruction of the bird called Grouse or Heath Hen, in Dukes
County.

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 passing of No person shall this act, it shall not be lawful for any person to take, kill or destroy any of the birds take grouse or called grouse or heath hen, within the limits of Dukes County, from the first day of heath hen in January to the first day of November, in every year; and if any person shall take or kill, or shall sell, buy, or have in his possession, after being killed or taken, any of the birds aforesaid, within the time limited as aforesaid, such person shall forfeit and pay, for each and every grouse or heath hen so taken, killed, or in his possession, the sum of ten dollars, to be recovered by any person who will sue for the same, within one year from the time of the offence committed, to his own use, in an action of debt in

Dukes county, from the first day of Jan. to

the first day of Nov. in each

year.