deem necessary, not repugnant to the constitution and laws of this Commonwealth; and each member shall have as many votes as he has policies, and may vote by proxy.

funds.

SECT. 4. Be it further enacted, That the funds of said cor- Investment and poration shall be vested in stocks, or loaned on such security as appropriation of the directors may order, and shall be appropriated, first to pay the expenses of the corporation, and next to pay the damages which any person may be entitled to recover on his policy. In case any person shall have a just claim on the corporation exceeding the amount of the existing funds thereof, the directors shall, without delay, assess such sum as may be necessary on the members of the corporation, in proportion to the amount of their premiums and deposits for seven years, but not to exceed treble the amount of such premiums and deposits.

cutions.

SECT. 5. Be it further enacted, That whenever any per- Levy and satisson shall recover judgment against said corporation, he may levy faction of exehis execution upon their estate or funds; but if sufficient estate or funds cannot be found, he may levy the same on the private property of any one of the directors, provided they first refuse or neglect, for the space of sixty days, to satisfy the execution, after a formal demand made on them for that purpose; and any director whose property may be thus taken, may sustain an action of the case against the corporation, to recover full and adequate damages therefor.

ings insured.

SECT. 6. Be it further enacted, That each policy of insur- Policy to create ance shall, of itself, without any further ceremony, create a lien a lien on buildon any building insured, and on the land under it, for the payment of the premium stipulated in said policy, and of all assessments lawfully made by virtue thereof; and this provision shall not prevent the taking of other collateral security.

to lien.

SECT. 7. Be it further enacted, That in case it shall be- Proceedings in come necessary to resort to the lien or property insured, the case of resort treasurer shall demand payment of the insured, or his legal representative, and likewise of the tenant in possession, and in case of non-payment, the corporation may sustain an action for any sum due either on the deposit note or by assessment; and their execution may be levied on the insured premises, and the officer making the levy may sell the whole or any part of the estate at auction, giving notice and proceeding in the same manner as is required in the sale of equities of redemption on execution, and the owners shall have a right to redeem the estate by paying the costs of sale, the amount of the execution, and twelve per cent. interest thereon, within one year from such sale.

SECT. 8. Be it further enacted, That every person who Membership, shall be interested in this corporation, by insuring therein, shall &c. be deemed a member thereof, during the term specified in his policy, and shall be bound by the provisions of this act, and shall, after the expiration of his policy or policies, have a right to demand and receive of the corporation his share of the remaining funds, in proportion to the amount by him actually paid.

SECT. 9. Be it further enacted, That this corporation shall First meeting.

be liable to be taxed by any general law of this Commonwealth taxing other similar institutions; and that any one of the persons named in this act may call the first meeting, by advertising the same in the newspapers printed at Haverhill. [Feb. 19, 1831.] Chap. 51. An ACT in addition to an Act, entitled "An Act to incorporate the Proprietors of the First Congregational Meeting-house in Nantucket."

1810 ch. 55.

Assessments.

Chap. 52.

BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the sum or sums of money, which the Proprietors of the First Congregational Meeting-house in Nantucket are by law authorized to raise, by assessment on the pews and seats in said meeting-house, shall, from and after the passage of this act, be levied upon said pews and seats, according to a valuation thereof which has been established by said proprietors, and not according to admeasurement, as is provided by the first section of the act to which this is in addition, and that so much of said act as is inconsistent with the provisions of this act be, and the same is hereby repealed. [Feb. 19, 1831.]

An ACT to incorporate the Worcester County Historical Society.

SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority Persons incor- of the same, That John Davis, Isaac Goodwin, Samuel Jenniporated. son, Emory Washburn, William Lincoln, Joseph Allen, Christopher C. Baldwin, Joseph Willard, and such other persons as may be associated with them, are hereby made a body corporate, for the purpose of collecting and preserving materials for civil and natural history, by the name of the Worcester County Historical Society, and, by that name, they and their successors may sue and be sued, and are made capable in law to take and Real and per- hold, in fee simple or otherwise, lands, tenements and heredita

sonal estate.

Library and cabinet.

By-laws.

First meeting.

Legislative control.

ments, not exceeding the yearly value of one thousand dollars, exclusive of any building used by them, for the purposes of their association, as aforesaid. And they shall likewise be capable in law to take and hold personal estate, to an amount, the yearly income of which shall not exceed one thousand dollars, exclusive of the property composing the library and cabinet of said society. SECT. 2. Be it further enacted, That the library and cabinet of said society shall be kept in the town of Worcester.

SECT. 3. Be it further enacted, That said corporation shall have power to make by-laws, and affix certain penalties for the breach thereof provided, such by-laws are not repugnant to the constitution and laws of this Commonwealth.

SECT. 4. Be it further enacted, That any three of the persons above named are authorized to call the first meeting of said corporation, by notifying the same in any newspaper published in the town of Worcester, at which meeting said corporation may agree upon the manner of calling future meetings, and may proceed to execute all or any of the powers vested in them by this

act.

SECT. 5. Be it further enacted, That this act may be amended or repealed at the pleasure of the Legislature. [Feb. 19, 1831.]

An ACT to incorporate the Watuppa Manufacturing Company.

Chap. 53.

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 Rodman, Clark Chase, Nathaniel B. Persons incorBorden, William Slade, 3d., and Edward Bennett, together with porated. such others as may hereafter associate with them, their successors and assigns, be, and they hereby are created a body corporate, by the name of the Watuppa Manufacturing Company, for the purpose of manufacturing cotton and woollen goods in the town of Troy, in the county of Bristol, and for this purpose shall have Powers and all the powers and privileges, and shall be subject to all the du- duties. ties and requirements, contained and provided, respecting such corporations, in and by an act passed on the twenty-third day of February, in the year of our Lord one thousand eight hundred

and thirty, entitled "an act defining the general powers and du- 1829 ch. 53. ties of manufacturing corporations.'

د,

SECT. 2. Be it further enacted, That said corporation may Real and perlawfully hold and possess such real estate, not exceeding in value sonal estate. one hundred thousand dollars, and such personal estate, not exceeding in value two hundred thousand dollars, as may be necessary and convenient for the purposes aforesaid. [Feb. 21, 1831.]

An ACT to incorporate the Trustees of the Hawes Fund in Boston. Chap. 55. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That James Humphreys, of Dorchester, in the county Persons incorof Norfolk, and James Wright and Calvin Tilden, of Boston, in porated. the county of Suffolk, their associates and successors, together with the deacons of a religious association incorporated by the name of the Hawes Place Congregational Society, for the time being, be, and hereby are created a body corporate, by the name of the Trustees of the Hawes Fund in Boston, with full power By-laws. and authority to make and ordain all necessary regulations and by-laws for their own government, and the security and management of the real and personal estate which the corporation hereby created may hold: provided, the same be not repugnant to the constitution and laws of this Commonwealth.

SECT. 2. Be it further enacted, That the said trustees shall Real and perhave power, and it shall be their duty to receive, secure, invest sonal estate. and hold, and to manage and improve all real and personal estate given and bequeathed to James Humphreys, Henry Gardner and Ebenezer Everett, by John Hawes, late of said Boston, deceased, in and by his last will and testament, bearing date the twenty-third day of October, in the year of our Lord one thousand eight hundred and thirteen, and proved and approved by the supreme judicial court, holden at Boston, on the first Tuesday of March, in the year of our Lord one thousand eight hundred and thirty, the same having been given and bequeathed, as in and by said will may appear, upon the special trust and confidence that it should be faithfully applied to the building of a meeting-house, and to the support of the gospel ministry, and of a school, in that part of the city of Boston, called South Boston.

Judge of pro

bate may remove trustees.

Vacancies.

Treasurer and clerk.

Trustees to be governors of schools.

SECT. 3. Be it further enacted, That the judge of probate of the county of Suffolk be, and he hereby is empowered, on the representation of any persons who are interested in the application of said fund, to remove from office any trustee, who, from age, insanity, removal from the Commonwealth, or any other cause, shall become incapable of discharging the duties of said office, and any person aggrieved at any decision of the judge of probate on such application, may appeal therefrom to the supreme judicial court, in the same manner, and on the same conditions, as appeals are at present allowed from the court of probate.

SECT. 4. Be it further enacted, That the said trustees shall have power to fill all vacancies which may in any way arise in said corporation, which they shall do by appointing some suitable person or persons, by deed, so that the corporation shall consist of three individuals, together with the deacons of the Hawes Place Congregational Society for the time being, who shall, during their continuance in the office of deacon, and by virtue of said office, constitute a part of the corporation provided, however, that, if the said society or church shall, at any time, increase the number of their deacons to a number exceeding three, the three senior deacons in office, only, shall constitute a part of this corporation, or be entitled to act as trustees.

SECT. 5. Be it further enacted, That the said trustees shall choose, annually, one of their number as treasurer, who shall give bond to the acceptance of the trustees, and approbation of the judge of probate of the county of Suffolk, and the said trustees are hereby empowered to choose annually a clerk, who shall be sworn to the faithful discharge of the duties of his office, and any other officer they may deem necessary for their government and regulation.

SECT. 6. Be it further enacted, That the said trustees shall be the visiters and governors of the school or schools which they shall establish in that part of Boston called South Boston, pursuant to the said will, and shall have power to elect such masters or officers of the same, as they shall judge proper, to fix the tenure of their respective offices, and to determine the amount Rights of heirs of their compensation: provided that the rights and title of the heirs at law of said testator to his estate, shall remain the same as though this act had not been passed, the intent hereof being merely to enable the trustees herein named to hold and manage, in a corporate capacity, such property and estate as would pass to any donee or donees in trust under said will, in his or their individual capacity, if this act had not been passed.

at law.

First meeting.

Legislative control.

SECT. 7. Be it further enacted, That any one of the persons named in this act may call the first meeting of said trustees, by giving them personal notice at least seven days before the time of holding said meeting.

SECT. 8. Be it further enacted, That this act tered or repealed at the discretion of the legislature.

may be al

[Feb. 25,

An ACT to incorporate the Boston Society of Natural History.

SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority

Chap. 56.

of the same, That Benjamin D. Greene, George Hayward, Persons incorJohn Ware, Walter Channing, Edward Brooks, Amos Binney, porated. Jr., D. Humphreys Storer, Simon E. Green, Joshua B. Flint, William Grigg, George B. Emerson, and Henry Codman, with their associates, and such other persons as shall, from time to time, be duly admitted members of the corporation hereby created, be, and they hereby are constituted a body corporate and politic, by the name of the Boston Society of Natural History, and by that name they shall have perpetual succession, and shall be capable of suing and being sued, of prosecuting and defending unto final judgment in all courts and places whatsoever, and may have a common seal, with power to change the same at pleasure. SECT. 2. Be it further enacted, That the said society shall Real and perhave power to hold real or personal estate, by gift, grant, devise, or otherwise, and the same or any part thereof to alien or convey provided, that the clear annual income of such personal and real estate shall not exceed the sum of three thousand dollars, nor be applied to any other purposes than the encouragement and promotion of the science of natural history.

sonal estate.

SECT. 3. Be it further enacted, That said society shall President and have power to elect a president, and all other necessary officers, by-laws. to make rules and by-laws for the election and government of its members, for the management of its property, for collecting annual contributions from its members, for regulating the times and places of meeting, for expelling such members as refuse to comply with the by-laws or regulations, and for the managing of the affairs of the society: provided, such rules and by-laws be not repugnant to the constitution and laws of this Commonwealth, or of the United States.

SECT. 4. Be it further enacted, That the persons herein First meeting. before named, or any three of them, shall have power to call the first meeting of the members of said society, in such manner as they may think proper.

trol.

SECT. 5. Be it further enacted, That this act may be al- Legislative contered, amended, or repealed, at the pleasure of the Legislature. [Feb. 25, 1831.]

An Act to continue the Banking Corporations therein named, and for other purposes. Chap. 58. 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 several corporations herein after named, Bank charters which by their respective charters have been heretofore incorpo- renewed. rated and established at the several places, and with the capital stocks herein after respectively mentioned, be, and the same hereby are continued corporations for the purposes of banking, until the first day of October, which shall be in the year of our Lord one thousand eight hundred and fifty-one, notwithstanding any limitation in their respective charters of incorporation to the