24 And to Maine Theological Institution. LITERATURE AND ARTS AND SCIENCES. four, until the term of seven years therefrom, shall be complete and ended, to be paid in semi-annual payments out of the Treasury of this State from monies arising from the tax on certain Banks not otherwise appropriated. SECT. 2. Be it further enacted, That the sum of one Literary, and thousand dollars annually, be, and hereby is granted to the. Maine Literary and Theological Institution from and after the fourteenth day of February which shall be in the year of our Lord one thousand eight hundred and twenty-one, for the term of seven years, to be paid out of the Treasury of this State in the manner provided in the first section of this Act. One fourth to be indigent stu dents. SECT. 3. Be it further enacted, That at least one fourth appropriated to part of the sums to be received by said College and said Literary and Theological Institution, shall be appropriated for and towards the partial or total reduction of the tuition fees of such Students not exceeding one half the number of any class who may apply therefor, according to the judgment of the said Corporations respectively. Tax on CumberJand bank and the SECT. 4. Be it further enacted, That the President, Direcbank of Portland tors and Company of the Cumberland Bank, and appropriated, President, Directors and Company of the Bank of Portland, shall pay the sums reserved to be paid as a tax on said Banks, to the State of Maine, into the Treasury of this State to create a fund for the purposes aforesaid, for the term of seven years from the 24th day of February, Anno Domini eighteen hundred and twenty-four, and so long as the present Charters of said Banks, and the tax thereon may by law continue. And on Waterville bank. Proviso. Proviso. SECT. 5. Be it further enacted, That the President, Directors and Company of the Waterville Bank, shall pay the sums reserved to be paid as a tax on said Bank to the State of Maine, into the Treasury of this State to create a fund for the purposes aforesaid from and after the passing of this Act, until the fourteenth day of February which shall be in the year of our Lord eighteen hundred and thirty-one, and so long as the present Charter of said Bank and the tax thereon may by law continue: Provided however, That if the said sums shall be so paid by said Banks, the sums hereby granted shall be paid by the Treasurer of the State to said College and said Literary and Theological Institution respectively as above granted, in satisfaction of the grants aforesaid: Provided also, That this grant shall be null and void whenever the sum of four thousand dollars, shall not be annually received from the Banks aforesaid into the Treasury thereof from the tax upon them as aforesaid. [This Act passed June 28, 1820.] KENNEBEC LODGE.-PORTSMOUTH BRIDGE. CHAPTER XVIII. AN ACT to incorporate the Master, Wardens and Members of 25 Persons incor SECT. 1. BE it enacted by the Senate and House of Representatives in Legislature assembled, That Ebenezer T. Warren, Jesse Robinson, Gideon Farrell, Ezekiel Goodale, porated. Samuel G. Ladd, Amos Nourse, Ebenezer White, Ariel Mann, Moses Whittier, Beriah Mann, Calvin Spaulding, Samuel K. Gilman, John P. Flagg, Samuel Nelson, William C. Wilde, Andrew Masters, Isaac Gage, Moses Palmer, Francis Day, Francis Norris, John D. Lord, Joshua O'Le Fevre, and their associates and successors, be, and they hereby are incorporated into a body politic, by the name of the Master, Wardens and Members of Kennebec Lodge; with power to sue and be sued; to have a common seal, and to change the same; to make any bye-laws for the management of their affairs, not repugnant to the laws of this State, nor to ancient masonic usages; to take and hold, for charitable and benev- May hold 10,000 olent uses, any real estate to the value of ten thousand dollars, dollars real, and any personal estate to the value of thirty thousand dollars; And 30,000 doland to give and grant, or bargain, and sell the same and lars personal with all the privileges usually granted to other Societies, instituted for purposes of charity and beneficence. estate. SECT. 2. Be it further enacted, That the first meeting First meeting. of said corporation shall be holden at such time and place, and be notified in such manner as the majority of the persons herein named may direct. SECT. 3. Be it further enacted, That the powers granted Act may be alby this Act, may be enlarged, restrained or repealed, at the tered or repealpleasure of the Legislature. [This Act passed January 19, 1821.] ed. CHAPTER XIX. AN ACT to incorporate the Proprietors of Portsmouth Bridge. WHEREAS the State of New-Hampshire, by an Act of Preamble. the Legislature of the same, passed on the twenty-eighth day of June, in the year of our Lord one thousand eight hundred and nineteen, entitled "An Act to incorporate the Proprietors of Portsmouth Bridge," did make and constitute Jeremiah Mason, Edward Cutts, and others, their associates, a body politic and corporate for the purpose of building a bridge over the Piscataqua river; And, whereas the Commonwealth of Massa 26 porated. PORTSMOUTH BRIDGE. chusetts, by an Act of the Legislature of the same, passed ou the twenty-fifth day of February, in the year of our Lord one thousand eight hundred and twenty, did make and constitute Samuel Leighton, Isaac Lyman, Mark Dennett, and others their associates, a body politic, and corporate, by the name of the Proprietors of Portsmouth Bridge; and whereas the management of the concerns of two corporations, in carrying the said object into effect, will be attended with inconvenience and difficulty; and whereas the corporation created by the said Act of Massachusetts have provisionally voted not to accept the same: therefore, SECT. 1. BE it enacted by the Senate and House of Representatives in Legislature assembled, That Jeremiah Persons Incor- Mason, Edward Cutts, John Langdon, Nathaniel A. Haven, James Sheafe, John F. Parrot, Thomas Haven, William Rice and Henry Ladd, with their associates named in the act aforesaid of the State of New-Hampshire, by the name of the proprietors of Portsmouth Bridge, and Samuel Leighton, Isaac Lyman and Mark Dennett and others named in the Act aforesaid of the Commonwealth of Massachusetts, and their associates, who are or shall become proprietors in said Bridge, so long as they shall continue proprietors thereof, shall be a body politic and corporate for the purpose aforesaid, by the name of the proprietors of Portsmouth Bridge; May hold real with power to purchase and hold such estate as may be to the object of necessary to carry into effect the object of said corporation; the corporation, and with the power to make and establish all such rules and estate necessary Authorized to Bridge to have bye laws as may be deemed necessary, for the regulation and government of said corporation; and with all the other powers and privileges, and subject to all the liabilities, incident to corporations of a similar nature, provided the said rules and bye-laws be not repugnant to the laws of this State. SECT. 2. Be it further enacted, That the said proprietors build a bridge. of Portsmouth Bridge, be and hereby are permitted and empowered to erect a Bridge over Piscataqua River, between the towns of Kittery or Elliot, in this State, and Portsmouth in the State of New-Hampshire, and that the right of building and maintaining a Bridge across said river, between the towns aforesaid, is hereby fully granted to said corporation. SECT. 3. Be it further enacted, That a draw or hoist in a draw to admit said Bridge, shall be constructed over the channel of said vessels to pass, river, of sufficient width for vessels to pass and repass freely, And two piers to and that two good and sufficient piers be made, the one to be may be made placed above the bridge, the other below the bridge, and so connected with the bridge as to make it convenient for vessels to make fast to, and moor, until wind and tide will admit of such vessel, so made fast, to pass through the draw free of expense; and the said proprietors shall cause the same to be which vessels fast, PORTSMOUTH BRIDGE. 27 al passage way hoisted or opened without delay for the accommodation of all such vessels as may have occasion to pass through the same, and for which the hoisting or opening said draw may be necessary; and the said Bridge shall be so constructed that And an additionopen boats and gondolas shall be enabled to pass under said for open boats, Bridge, at least in one place exclusive of the draw; &c. which passage shall be of sufficient height and width for said boats and gondolas to pass and repass with safety, and with as little obstruction as possible at all times of tide: And for the And to be lightsafety of the lives of those who are or may be concerned in by four lamps. the boat navigation, of said river, the said Bridge shall be provided with at least four lamps, which shall be well supplied with oil, and be constantly lighted during the night time. ed in the night When the toll SECT. 4. Be it further enacted, That for the purpose of roll granted. reimbursing said proprietors, a toll, be, and hereby is granted and established for the sole benefit of the said proprietors, according to the following rates, to wit: for each foot pas- Rates of the toll senger three cents; for each person and horse, ten cents; for each chaise, sleigh or other carriage of pleasure drawn by one horse, thirty cents; for each coach, chariot, sleigh, phaeton or other pleasure carriage drawn by two horses, sixty five cents; for each coach, sleigh, or other pleasure carriage drawn by four horses, seventy-five cents; for each sled, sleigh, cart, or other carriage of burthen drawn by one-horse, ten cents; for each cart, waggon, sled or sleigh drawn by two horses or oxen, twenty cents; and each additional beast, five cents; for neat cattle or horses, exclusive of those rode upon or in teams or carriages, ten cents each; for sheep and swine, two cents each, and to each team one person and no more shall be allowed to pass free of toll. And at all times when the toll gatherer shall not attend his duty, the gate shall be left open; and the toll gatherer is abshall commence, on the day of opening the bridge for passen- be left open. gers, and shall continue for the benefit of the corporation forever: Provided, That in no case, either by virtue of this act, or any concurrent or other act, for the purposes herein mentioned, which is or may be enacted by the Legislature of New-Hampshire shall the rates of toll, demanded and received for one passage over said Bridge, exceed the rates above established Provided also, That after the term of twenty : years, the rates of toll established by this act shall be subject be altered after to be altered by law, and the proprietors aforesaid shall erect, and at all times keep, at the place where the toll is collected, exposed to view a sign or board, with the rates of toll fairly and legibly written thereon. And the said corporation may (if they think proper) commute the rate of toll with any person or persons, or with any Corporation, by taking of him or them a certain sum annually, which may be mutually agreed on, instead of the toll aforesaid. sent the gate to Rate of toll may twenty years. 28 First meeting appointed. Notice to be given. Eight years al PORTSMOUTH BRIDGE. SECT. 5. Be it further enacted, That a meeting of the Proprietors of Portsmouth Bridge aforesaid, shall be holden in Portsmouth, at the office of the Fire and Marine Insurance Company, on Monday the twenty ninth day of January, in the year of our Lord one thousand eight hundred and twenty one, at eleven o'clock in the forenoon of said day: Provided, Notice of such meeting shall be given, by posting up a notification at the house of Alexander Rice, Esq. in the town of Kittery, and at two public places in the town of Portsmouth, at least three days prior to the day of said meeting, signed by either of the persons named as incorporated under this act; and also by publishing this Act in the Portsmouth Oracle, on the Saturday previous to said meeting. And the proprietors by a vote of the majority of those present, shall choose a clerk, and at the same, or any subsequent meeting, may elect such officers as may be deemed necessary, for carrying into execution the object aforesaid. SECT. 6. Be it further enacted, That unless said Bridge lowed for build- shall be erected and finished within the term of eight years, ing the bridge. then this grant shall be void. pay A. Rice 4000 loss of the ferry. SECT. 7. Be it further enacted, That after the said toll Corporation to shall commence, the said proprietors or corporation, shall pay dollars for the to Alexander Rice, Esq. his heirs, executors, or administrators, the sum of Four Thousand Dollars, together with interest after one year on the same, from the commencement of said toll, which said sum and interest, shall be paid out of the first proceeds of the Bridge, by the toll collected thereon. And the payment of the same, shall be in full consideration of the injury which may be sustained by the said Rice, by the loss of the income of the ferry from Kittery to Portsmouth, which ferry is not to be used as a public ferry, after the Bridge becomes passable, and while it continues so. And if said sum or interest thereon, shall not be paid within one month from the time it shall become due as aforesaid, and shall have been demanded, then the said Rice, or his legal representatives, may have his action of debt or other action at law, for the recovery thereof. And the corporate property, rights and franchises of said Corporation may be attached, on the original writ, and taken and sold on execution, for satisfying the judgment recovered with the costs of levying the said Execution, and the expenses of sale, in the same way and manner as is now provided by law for the sale of personal property taken on execution; excepting, that ten days previous notice, of such sale shall be given, in some public newspaper published in the town of Portsmouth aforesaid, in addition to The ferry to re- the notice now required by law: Provided however, That case the bridge whenever the said Bridge shall cease to be passable, the privilege of the ferry shall revert to the said Rice, his heirs or vert to Rice in becomes impass able. |