rendered and declared to be valid to all intents and pur- 1804.- Chapter 44. [November Session, ch. 2.] AN ACT IN ADDITION TO AN ACT ENTITLED "AN ACT EMPOW- ized to restrain going at large. SEC. 1. Be it enacted by the Senate and House of Representatives in General Court assembled and by the authority of the same, That the Inhabitants of any Town Towns authorwithin this Commonwealth, may at any town meeting cattle from legally holden for that purpose, order and direct that any particular description of neat Cattle or other commonable beasts shall not go at large, within the limits of such town, without a keeper, under the penalty mentioned in the Act to which this is in addition, and to be recovered in the manner therein prescribed, for each beast found going at large, without a keeper, contrary to the order and direction of any town as aforesaid. cattle going at Lord's day. SEC. 2. And be it further enacted, that if any person Penalty for or persons, shall turn out, or suffer any such Cattle or large on the beasts, so restrain'd as aforesaid from going at large, to go at large on the Lords Day with or without a keeper, such person or persons shall forfiet and pay Fifty Cents for each beast so turned out or suffered to go at large to be recovered by action of debt, by any Inhabitant of such town, who will sue for the same and for his sole use; And it is also hereby made the duty of all Field Drivers within their respective Towns and districts to carry the provisions of this Act into effect. liable for SEC. 3. And be it further enacted, That if any per- Person allowing son shall suffer any such Cattle or beasts belonging to large to be him or in his keeping to go at large, contrary to the order damages. and direction of any town made pursuant to the authority given in this Act, and the Act to which this is in addition and any such Cattle or beasts shall within such town do damage on the improved lands of any person, the person so suffering such Cattle or beasts to go at large shall be liable to pay all damages so done by such Cattle or beasts, to be recovered by the person suffering such damage, in an Action of Trespass, before any Court proper to try the same, whether such improved lands be enclosed with a sufficient fence or not. Approved November 21, 1804. porated. 1804.- Chapter 45. [November Session, ch. 3.] AN ACT TO CHANGE THE NAME OF BELA NICHOLS. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, that Bela Nichols, of Springfield, in the County of Hampshire, Printer, be, and he hereby is allowed to take the name of Francis D. Nichols, and that he shall in future be known and called by the name of Francis D. Nichols; and the same shall be considered as his proper name, to all intents & purposes. Approved November 21, 1804. 1804.- Chapter 46. [November Session, ch. 4.] AN ACT TO CHANGE THE NAME OF BELA SNOW. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same,That Bela Snow, son of the late Sylvanus Snow, of Brewster, in the County of Barnstable, deceased, be, and he hereby is allowed to take the name of Sylvanus Snow; and that he shall be, in future, known and called by the name which he is so allowed to take as aforesaid, and the same shall be considered as his only proper name to all intents and purposes. Approved November 22, 1804. 1804.- Chapter 47. [January Session, ch. 1.] AN ACT TO INCORPORATE THE PROPRIETORS OF THE PUBLIC SECT. 1. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the Persons incor- authority of the same, that Aaron Dexter, Thomas Welsh, Stephen Codman, Sylvanus Gray, John C. Howard, Richard D. Tucker, Allan Pollock and all such persons as are, or may be associated with them, for the purpose of erecting and keeping a bathing House in Boston, and their successors, shall be, and they hereby are made a corporation by the name of the Proprietors of the Bathing House in Boston, and by that name may sue and be sued, Corporate name. &c. and may have a common Seal, and may have and enjoy all Seal allowed, the priviledges, and powers, which are by Law incident to a Corporation, for the purpose of keeping using and improving a public building or buildings with all necessary and convenient appurtenances for Bathing. cers to be SECT. 2d. And be it further enacted by the authority aforesaid, that Aaron Dexter, Thomas Welsh, Sylvanus Meetings; offiGray, or any one of them, may, by an advertizement in chosen, &c. one or more of the Newspapers printed in Boston, call a Meeting of said Proprietors, to be held at any suitable time and place, after ten days Notice; and the said Proprietors, by the Vote of the Major part of those present, or represented at said meeting, may choose a President, a Treasurer, a Clerk and six Directors, and may Vest in them such powers as they may deem necessary, and may determine how often and in what manner, and at what times, said Officers shall be chosen, and in what manner future meetings shall be called and held. SECT. 3D. And be it further enacted by the authority aforesaid, that the said Corporation be, and the same Real estate; hereby is authorised and empowered to purchase and hold shares, &c. real estate to the Value of Twenty thousand dollars; and that the whole interest shall be divided into one hundred shares, which shares shall be deemed and considered to all intents and purposes as personal property, and ownership thereof, shall be evidenced by a Certificate signed by the President, and Countersigned by the Clerk, and sealed with the Common Seal; and such share shall be transferable by the owner personally, or by attorney upon the books to be kept by the Clerk for that purpose, & such owner, upon making such transfer, shall deliver up his certificate to be cancelled. liable to attach SECT. 4TH. Be it further enacted by the authority aforesaid, That the property of every individual mem- Shares to be ber in said Corporation vested therein, shall be liable to ment and attachment, and to the Payment, and Satisfaction of his execution. just debts, to any of his Bona fide Creditors, in manner following, Vizt. In addition to the Summons by law prescribed to be left with the debtor, a like summons shall be left with the Clerk of the said Corporation; and the Debtors shares in said Corporation, together with any interest, profits, or rents of any kind due or growing due thereon, shall be held to respond said Suit according to Law; And all transfers of the Debtor's shares not noted in the Clerk's Preamble. to be appointed books previous to the delivery of such Summons, shall 1804.- Chapter 48. [January Session, ch. 4.] AN ACT IN ADDITION TO AN ACT INTITLED "AN ACT FOR IN- Whereas the proprietors of the Newbury Port turnpike by their directors have represented to this Court that they have already completed a considerable portion of their said road and are yet proceeding in that work, but that as the expence attending said undertaking has already greatly exceeded the sum Originally contemplated, and that as they are not allowed by their act of incorporation to recieve toll of passengers on their said road until the whole thereof be completed, many persons already travel on the same without paying said Corporation any compensation therefor. SECT. 1. Be it therefore enacted by the Senate and House of Representatives in General Court assembled and Commissioners by the authority of the same That His Excellency the to locate gates. Governor be, and he hereby is authorized to appoint three Commissioners, who shall have authority forthwith to repair to the said road and they or a Major part of them may if they think proper, and said directors desire it, determine upon locate and establish toll gates on such part of said turnpike road as they shall deem sufficiently made at which said corporation shall have a right to demand and recieve of all travellers and passengers the rates of toll established by said incorporating act, in the same manner as by said Act they would have been entitled to do after the whole of said road should have been compleated. And whereas, said turnpike road is so laid out as to intersect a great number of highways in such a manner that the payment of toll may often be eluded by persons travelling over considerable portions of said turnpike road, unless said corporation be authorised to erect a greater number of toll gates than by said incorporating Act is allowed. Therefore established. SECT. 2. Be it further enacted, That said Commis- Number of sioners or a major part them, may at the request of said toll gates to be Corporation determine upon locate and establish such a number of toll gates more than three and not exceeding Six, as they shall think fit, upon such parts of said turnpike road as they may deem suffic[i]ently made, at each of which gates, or at such of them as said Commissioners shall designate for that purpose the said Corporation shall have a right to demand and recieve half the rates of toll established by said incorporating Act to be paid at the three gates thereby allowed and no more. Provided that the toll which said corporation shall have a right to demand at all the gates which may be established on said turnpike road shall not exceed the rates of toll allowed by said incorporating Act to be demanded for passing over the whole thereof. And said Commissioners in locating and designating said toll gates, are enjoined to govern themselves accordingly. And said Commissioners or a Major part of them shall make return of their doings in the premises into the Office of the Secretary of this Commonwealth to be by him recorded at the expence of said Corporation. SECT. 3. Be it further enacted, that the penalties, provisions, and restrictions created by the Act to which this is in addition relateing to the toll gates and the regulation and payment of toll shall apply as fully to the gates and payment of toll hereby allowed, as though the same had been Originally allowed in that Act. Approved February 2, 1805. of former act to Penalties, &c. apply to now allowed. the gates &c. |