LAWS

OF

NEW HAMPSHIRE

INCLUDING

PUBLIC AND PRIVATE ACTS, RESOLVES,

VOTES, ETC.

EDITED AND PUBLISHED UNDER THE DIRECTION OF THE SECRETARY OF STATE

VOLUME NINE SECOND CONSTITUTIONAL PERIOD

1821-1828

CONCORD, N. H.

EVANS PRINTING CO

1921

JOINT RESOLUTION RELATING TO THE PRESERVATION AND PUBLICATION OF THE EARLY STATE AND PROVINCIAL RECORDS AND OTHER STATE PAPERS OF NEW HAMPSHIRE.

Resolved by the Senate and House of Representatives in General Court Convened :

That His Excellency the Governor be hereby authorized and empowered, with the advice and consent of the Council, to employ some suitable person — and fix his compensation, to be paid out of any money in the treasury not otherwise appropriated — to collect, arrange, transcribe and superintend the publication of such portions of the early state and provincial records and other state papers of New Hampshire as the Governor may deem proper; and that eight hundred copies of each volume of the same be printed by the state printer, and distributed as follows: namely one copy to each [city and town in the state, one copy to such of public libraries in the state as the Governor may designate]1 public library in the state, and to each town in the state having no public library, which shall request the same, and to such publishers of neivspapers requesting the same as keep such open to public use,2 fifty copies to the New Hampshire Historical Society, and the remain- der placed in the custody of the state librarian, who is hereby authorized to exchange the same for similar publications by other states.

3 The governor and council may authorize the secretary of state from time to time to collect, arrange, transcribe, and publish such portions of the early state and provincial records and other state papers of New Hampshire as they shall deem proper. Eight hundred copies of each volume shall be printed.

On publication the secretary of state shall send one copy to each of the following officers and bodies: To the governor and members of the council; to the judges of the supreme and superior courts; to each free public library in the state; to the town clerks of towns having no free public library for the use of the town; to such other officers and bodies as the governor and council shall designate. He shall send fifty copies to the New Hampshire Historical Society and deposit the residue in the state library.

4 The secretary of state, with the approval of the governor and council, may from time to time collect, arrange, transcribe and cause to be printed such portions of the early state and provincial records as he may deem ex- pedient. He shall determine the style, form and quantity to be printed.

One copy of each publication shall be sent by the

department responsible for its issue, free of charge, to each of the follow- ing officers and bodies: Governor, each member of the council, each depart- ment and institution of the state, the justices and clerks of the supreme and superior courts, each free public library establishd under the laws of the state, the town clerk of each town having no free public library, the library of Congress, the state or territorial library of each state and territory in the United States. Said departments may make such further free distribu- tion of such publications as they may deem wise, or as the governor and council may direct.

1 The words enclosed in brackets were stricken out of the Joint Resolution of August 4, 1881, by the act of March 20, 1901, Session Laws, new series, vol. 7, part 2, chapter 71, sect. 3, p. 558.

2 By the same act, the words in italics were inserted as a substitute for the words stricken out, as above stated.

3 Chapter 29. sections 27 and 28, Laws of 1917.

4 Chapter 164. sections 8 and 9, Laws of 1919.

Ill

STATE OF NEW HAMPSHIRE. To the Secretary of State:

You are hereby authorized to arrange, transcribe and superintend the publication of the Laws of New Hampshire, public and private, in chron- ological order, from the period when the Constitution of 1792 took effect, till the time when the regular annual publication of the Statutes com- menced.

You will also cause such explanatory notes, citations, tables of contents and indexes as you may deem useful to be prepared and made a part of the work.

This I deem proper to be done, and directions are given in accordance with the authority vested in me as Governor by the provisions of the joint resolution relating to the preservation and publication of portions of the state and provincial records and other state papers of New Hampshire approved August 4, 1881, and also by the act of February 27, 1917, Chapter 29, Sections 27 and 28.

Given under my hand at Concord this 27th day of July, 19 17.

Henry W. Keyes,

Governor. With the advice and consent of the council.

Executive Council Chamber, Concord, September 9, 19 19.

Voted, that the Secretary of State be authorized to publish such portion of the Provincial Laws and Records of New Hampshire as shall continue the publication of said laws from vol. 7, until the time when the regular annual publication of the Statutes commence, dividing the same into vol- umes of convenient size and numbered in consecutive order.

IV

TABLE OF CONTENTS.

						PAGE
Officers of the Government,	1821 .				I
Legislation .	•						7
Officers of the Government,	1822						63
Legislation .	•						69
Officers of the Government,	1823						169
Legislation .	•						175
Officers of the Government,	1824						255
Legislation .	•						262
Officers of the Government,	1825						38i
Legislation .	•						388
Officers of the Government,	1826						477
Legislation .	•						484
Officers of the Government,	1827						576
Legislation .	•						583
Officers of the Government,	1828						704
Legislation .	.						711

INTRODUCTORY NOTE.

This volume is the ninth in the series of Laws of New Hamp- shire and is published under the same authority as the preceding volumes were issued. It brings the printed laws down to 1828, leaving only seven years more to be printed in order to connect with the time when the regular annual publication of the laws began. One more volume will encompass the remaining seven years and will be issued within the year as much of the material is already in the press.

Many interesting and important events connected with the his- tory of the state are embraced within the eight years represented in this volume.

Merrimack County was established and constituted a political division of the state on July 1, 1823. Likewise Sullivan County was organized by an act of the legislature July 5, 1827.

The legislature which convened November 19, 1828, passed an act dividing the state into five councilor districts. This was made necessary owing to the increase in the number of counties. The constitution of 1784 provided that, annually, on the first meeting of the General Court, "two members of the Senate and three of the House of Representatives shall be chosen, by joint ballot of both houses, as a council for advising the President, (afterwards changed to Governor), in the executive part of the government." There being no geographical restrictions, all five might be taken from the same section of the state, if the General Court saw fit to do so, but the amended constitution of 1792 provided that the legislature could divide the state into five councilor districts and that the election of the councilors should be by ballot. The natural result was that one from each county was taken so long as there were only five counties, but when the number of counties was increased, it became necessary to provide for councilor districts, which was done as previously stated.

An act of the General Assembly of Vermont, relative to the navi- gation of the Connecticut river, was confirmed July 7, 1826. This act provided for the incorporation of the Connecticut River Com- pany with a capital stock of one million, five hundred thousand dol- lars. It was granted the right to erect dams, cut canals, construct tow paths, aqueducts, culverts, waste weirs, basins and boat locks, and deepen channels, etc., in order for improving and making good the navigation from Hartford, Connecticut, toward the foot of the Fifteen-mile falls in Barnet, Vermont.

vii

viii INTRODUCTION

During the eight years, many institutions of learning were estab- lished, among the number being, Academic School, Conway, Decem- ber 25, 1828; Adams Female Academy, Londonderry, June 18, 1823; Boscawen Academy, December 16, 1828; Brackett Academy, Greenland, December 22, 1824; Exeter Female Academy, June 27, 1826; Hillsborough Academy, June 29, 1821; Hopkinton Academy, June 26, 1827; Lee Academy, June 19, 1828; New Hampton Insti- tution, June 27, 1821; Noyes School, Andover, July 2, 1822; Roch- ester Academy, June 30, 1827; Sandwich Academy, December 20, 1824; Wakefield Academy, July 6, 1827, and Woodman Sanborn- ton Academy, June 27, 1826.

An act was approved June 13, 1823, entitled "An Act to incor- porate certain persons by the name of the New Hampshire Histor- ical Society." The incorporators were Ichabod Bartlett, William Plumer, Jr., Bennet Tyler, Jeremiah Smith, Jeremiah Mason, Rich- ard Bartlett, James Bartlett, Jacob B. Moor, Andrew Pierce, William Smith, Jr., and Nathaniel A. Haven, Jr.

An act was passed at the June session of the legislature in 182 1, providing for a state tax of thirty thousand dollars. The population of the state at that time is given as 244,161, of 55 per cent, of the present population. It may be of interest to note some of the sala- ries that were paid to state officials one hundred years ago. It seems that the salary question was prolific of much discussion in those days as well at the present time, for a committee of the legis- lature was appointed in 182 1 to report what compensation should be paid to various state officials, with the result that the governor's salary was fixed at $1200 per annum, the secretary of state's at $300, the state treasurer's at $600, and the attorney general's at $800. Members of the Council were paid two dollars per day dur- ing the session of the legislature, the speaker of the house received two dollars and fifty cents a day and the president of the senate the same. The legislature assembled Monday afternoon of each week during the session and adjourned Saturday afternoon, work- ing practically five days in the week.

In June, 1825, the state was highly honored by a visit from General LaFayette, and on the twenty-second of that month he visited the legislature while it was in session. All business was sus- pended for the time being and Governor Morril made a very flat- tering address of welcome to which General LaFayette responded as follows:

"One of my earliest enjoyments, on this happy return to the American shore, has been to meet the welcome of the people of New Hampshire, in the Atlantic town, to which I was already bound by very ancient and gratifying connexions. I have since visited an extensive part of the vast republican confederacy, where are held, to the admiration, and may it be to the speedy imitation of the world, a practical demonstration, and the wonderful result of

INTRODUCTION IX

national independence, popular institutions, and self government. But as soon as under the impression of those lately witnessed won- ders and blessings, I had performed on the great Bunker Hill cele- bration, a sacred and delightful duty, I have hastened to this seat of government, where I now enjoy the honor to be admitted to present both branches of the Legislature, the judiciary and execu- tive authorities of the State, and you, Sir, their honored Chief Mag- istrate, with a tribute of my lively and respectful gratitude. Here, also, I am to delight in the great improvements that have taken place in the anticipation of those which are zealously contem- plated.— Here I have been greeted by multitudes of friends, from this and other parts of the State; among whom I am not surprised to recognize many of my companions in arms. — When I recollect in what comparative proportion New Hampshire has personally contributed to our revolutionary struggle; I thank your Excellency for your flattering & kind remembrance of past times. None of them is more gratifying to me than your mention of names most dear to my heart. Permit me to offer to you, to the Representatives and officers of the State in every branch, and to the people of New Hampshire, the devoted tender of my grateful, affectionate & pro- found respect." [House Journal, 1825, pages 358-359.]

EDWIN C. BEAN,

Secretary of State. Concord, February, 1021.

LAWS OF NEW HAMPSHIRE.

[THIRTIETH GENERAL COURT.]

[Held at Concord, One Session, June 6, 1821, to June 30, 1821.]

[OFFICERS OF THE GOVERNMENT.]

Samuel Bell, Governor.

Samuel Sparhawk, Secretary.

Richard Bartlett, Deputy Secretary.

William Pickering, Treasurer.

Jonathan Harvey, President of the Senate.

Ichabod Bartlett, Speaker of the House.

[Members of the Council.]

John Bell, Jr.,	Chester.
Richard Odell,	Conway.
Richard H. Ayer,	Dunbarton
Samuel Dinsmoor,	Keene.
John French,	Landaff.

[Members of the Senate.]

Hunking Penballow, Portsmouth.

Newell Healey, Kensington.

Samuel M. Richardson, Pelham.

Isaac Hill, Concord.

Nehemiah Eastman, Farmington.

Daniel Hoit, Sandwich.

John Wallace, Jr., Milford.

Jonathan Harvey, Sutton.

Jotham Lord, Jr., Westmoreland.

Thomas C. Drew, Walpole.

Ziba Huntington, Lebanon.

Arthur Livermore, Holderness.

LAWS OF NEW HAMPSHIRE

[Members of the House.]

ROCKINGHAM COUNTY.

Allenstown, Atkinson and { Plaistow, \

Bow,

Brentwood, Candia, Canterbury, Chester,

Chichester, Concord,

Deerfield, Epping, Epsom, Exeter,

Greenland,

Hampstead,

Hampton,

Hampton Falls,

Hawke and

Sandown,

Kensington,

Kingston,

Londonderry,

Loudon,

Newcastle,

Newington,

Newmarket,

Newton,

North Hampton,

Northfield,

Northwood,

Pelham,

Pembroke,

Pittsfield,

Portsmouth,

Andrew O. Evans.

John Bassett.

John Brown. Andrew Dudley. Peter Eaton. Amos Cogswell. Samuel Aiken, Jr. Charles Goss. Joshua Lane, Nathaniel Abbot. Stephen Ambrose. Andrew Page. Joseph Edgerly. Hanover Dickey. John Kimball. Joseph Tilton, Jr. John Avery. Jesse Gordon. Tristram Shaw. Jeremiah Blake.

Samuel Pilsbury.

Robert Prescott. David Bartlett. William Adams. James Thorn. Jonathan Clough. Nathan Priest. Paul Rollins. George Hilton. Joseph Hoyt. Tristram Dalton. Samuel Forrest. Joseph Neally. William Hardy. Leonard Pratt. Ebenezer Knowlton. Ichabod Bartlett. John Langdon. Jeremiah Mason. Isaac Waldron, Jr.

LAWS OF NEW HAMPSHIRE

Raymond,

Rye,

Salem,

Seabrook,

South Hampton and

East Kingston,

Stratham,

Windham,

Thomas Dearborn. Amos Seavey. John Clindenin. Jabez Eaton.

Stevens Sanborn.

Daniel Veazey. John Nesmith.

STRAFFORD COUNTY.

Alton,

Barnstead,

Barrington,

Conway,

Dover,

Durham,

Eaton,

Farmington,

Gilford,

Gilmanton,

Lee,

Madbury,

Meredith,

Middleton and )

Brookfield, (

Milton,

Moultonborough,

New Durham,

New Hampton and )

Center Harbor, (

Ossipee,

Rochester,

Sanbornton,

Sandwich,

Somersworth,

Strafford.

Tarn worth,

Tuftonborough,

Wakefield.

Wolfeborough,

Eleazer Davis. Charles Hodgdon, Jr. Samuel Hale, Jr. Thomas S. Abbot. Nathaniel W. Ela. Charles Woodman. Benjamin Mathes, Jr. Colman Colby. Thomas Plumer. John Evans. . Pearson Cogswell. Jeremiah Wilson. Edward B. Nealley. Maul Hanson. Ebenezer Pitman.

Charles Giles.

Daniel Hayes. Benning M. Bean. Joseph Boody.

Thomas Perkins.

Ezekiel Wentworth. William Barker. Moses Hale. James Clark. Joseph Woodman. Nathaniel French. Johnson D. Quimby. Joseph Doe. Azariah Waldron. John M. Page. Thomas Hoyt. William Sawyer. Thomas Nute.

LAWS OF NEW HAMPSHIRE

HILLSBOROUGH COUNTY.

Amherst,

Andover,

Antrim,

Bedford,

Boscawen,

Bradford,

Brookline,

Deering,

Dumbarton,

Dunstable,

Fishersfield,

Francestown,

Goffstown,

Greenfield,

Hancock,

Henniker,

Hillsborough,

Hollis,

Hopkinton,

Litchfield,

Lyndeborough,

Manchester,

Mason,

Merrimack,

Mil ford,

New Boston,

New Ipswich,

New London,

Nottingham West,

Peterborough,

Salisbury,

Sutton,

Temple,

Warner,

Weare,

Wilmot, Wilton,

Windsor and ) Society Land, (

Edmund Parker. Robert Barber. Mark Woodbury. Thomas Chandler. Ezekiel Webster. Samuel Jones. Thomas Bennett. Russell Tubbs. John Stinson. Daniel Abbot. Timothy Morse. William Bixby. John Pattee. William Whittemore. Thatcher Bradford. Moses Brown. James Wilson. Nathan Thayer. Thomas W. Colby. Nathaniel Knowlton. Jonathan Abbot. Nehemiah Boutwell. Isaac Huse. Hezekiah Richardson. Aaron Gaa:e, Jr. William Crosby. Joseph Cochran. Charles Barrett. Daniel Woodbury. Noah Robinson. Jonathan Smith. Jabez Smith. Thomas Wadleigh. Jesse Spofford. James Be^n. Abraham Morrill. James Wallace. Jabez Youngman. John Stevens.

Nehemiah Jones.

LAWS OF NEW HAMPSHIRE

CHESHIRE COUNTY.

Acworth,

Alstead,

Charlestown,

Chesterfield,

Claremont,

Cornish,

Croydon,

Dublin,

Fitzwilliam,

Grantham,

Hinsdale,

Jaffrey,

Keene,

Langdon,

Lempster,

Marlborough,

Marlow,

Nelson,

Newport,

Plainfield,

Richmond,

Rindge,

Roxbury,

Springfield,

Stoddard,

Sullivan,

Surry and )

Gilsum, \

Swanzey,

Troy,

Unity,

Walpole,

Washington,

Wendell and )

Goshen, (

Westmoreland,

Winchester,

Elisha Parks. Ezra Kidder. Enos Stevens. Levi Jackson. Isaac Hubbard. George B. Upham. Eleazer Jackson. Abijah Powers. Joseph Appleton. Levi Chamberlin. Uzziel Hayward. Obed Slate. Adonijah Howe. John Wood. Samuel Egerton. John Way. Joseph Frost. Thomas P. Richardson. Henry Melville. Uriah Wilcox. Merrill Colby. Joseph Weeks. Samuel L. Wilder. Elias Hemingway. John Quimby. Danforth Taylor. Joseph Seward.

John Hammond.

James Underwood. Daniel Cutting. Francis Chase. Daniel W. Bisco. Joseph Healy.

John Currier.

Simeon Cobb. George Ripley.

GRAFTON COUNTY.

Alexandria and

Danbury,

Bath,

Amos Taylor. Abram Thomas.

LAWS OF NEW HAMPSHIRE

Bethlehem and \

Dalton, \

Bridgewater,

Bristol,

Campton,

Canaan,

Concord (Lisbon),

Dorchester and )

Orange, )

Franconia and \

Littleton, \

Grafton,

Groton and )

Hebron, \

Hanover,

Haverhill,

Holderness,

Landaff,

Lebanon,

Littleton,

Lyman,

Lyme,

New Chester,

Orford,

Peeling and )

Ellsworth,

Piermont,

Plymouth,

Rumney,

Thornton,

Warren and

Coventry,

Wentworth,

s

Samuel Burnham.

Humphrey Webster. Moses W. Sleeper. Moses Baker. John H. Harris. Simon Oakes.

Nathaniel Whittier."

David Aldrich, 2d. Merrill W. Hoyt.

Thomas Page.

Jonathan Freeman, 2d. Mills Olcott. Joseph Bell. Benjamin Burley. Jonathan Kimball. Diarca Allen. Nathaniel Rix, Jr. Caleb Emery. Nathaniel Lambert. Daniel Favor. James Dayton.

Stephen Avery.

Richard Jenness. William Webster. Jonathan Blodgett. Ephraim Elliott.

Enos Wells. Caleb Keith.

coos COUNTY.

Adams and ) Bartlett, \ Chatham and ) Burton, (

Columbia, Colebrook and \ Stewartstown, J Jefferson and ) Shelburne, \ Lancaster, Northumberland ,

Stephen Meserve. David Allen.

Jeremiah Eames.

Frederick Ingalls.

Adino N. Brackett Joshua Marshall.

LAWS OF NEW HAMPSHIRE 7

[First Session, Held at Concord, June 6, 7, 8, 9, 11, 12, 13,

14, 15, 16, 18, 19, 20, 21, 22, 23, 25, 26, 27, 28, 29, 30, 1821.]

[CHAPTER 1.]

State of I

New Hampshire. \

An Act providing for the appointment of Collectors of taxes by the Selectmen of Towns in certain Cases —

[Approved June 16, 1821. Original Acts, vol. 26, p. 78; recorded Acts, vol. 22, p. 1. Session Laws, 1821, Chap. 3; Laws, 1824 ed., p. 47. Repealed by act of June 28, 1827, post.]

Section 1. Be it enacted, by the Senate and House of Repre- sentatives, in General Court, convened, that the inhabitants of any town may, at their annual town meetings, duly holden for the choice of town officers, by vote, authorize the Selectmen of such town to appoint a collector or collectors of taxes for such town; And the collectors so appointed by the Selectmen shall have the same powers and be subject to the same liabilities, as they would have and be liable to, had they been duly chosen by the inhabitants of such town.

Sect. 2. And be it further enacted, that in case any town shall neglect or refuse to choose a collector or collectors of taxes, or in case of a vacancy in the office of collector of taxes in any town, the Selectmen of such town may in such cases appoint a collector or collectors of taxes, who being so appointed by the Selectmen, shall not only have power to collect State and County taxes, as is now provided by Law, but also shall have the same power to collect town taxes and be subject to the same liabilities in relation thereto as they would have and be liable to, had they been duly chosen by the inhabitants of such town.

Sect. 3. And be it further enacted, that the Selectmen whenever they appoint a Collector shall take bonds to their respective towns, with sufficient sureties, for the faithful performance of his duties, And shall also, in behalf of their towns, agree with such collector on the rate or amount of compensation to which he shall be entitled for his services, which agreement shall be in writing, signed by the Selectmen and the Collector.

8 LAWS OF NEW HAMPSHIRE

[CHAPTER 2.]

State oj I

New Hampshire. \

An Act, in addition to an act, entitled an act to incorporate the proprietors of hart-island bridge; passed, june 23,

I8l8.

[Approved June 16, 1821. Original Acts, vol. 26, p. 79; recorded Acts, vol. 22, p. 3. Session Laws, 1821, Chap. 4. See act referred to, Laws of New Hampshire, vol. 8, p. 692. See also acts of July 7, 1826, post; July 1, 1837, Session Laws, 1837, Private Acts, Chap. 32; June 30, 1841, id., 1841, Private Acts, Chap. 12 and July 3, 1861, id., 1861-66, Chap. 2563.]

Be it enacted, by the Senate and House of Representatives, in General Court convened; That a further time of four years be allowed to the proprietors of Hart-Island Bridge to build and com- plete the same, in addition to the time allowed for that purpose in and by the act aforesaid.

And be it further enacted, That instead of the rates of Toll spec- ified in the sixth section of the act to which this is in addition, there be granted and established for the benefit of said proprietors the rates of Toll following, that is to say:

For every foot passenger, two cents; for each horse and rider, six cents; for each additional rider, two cents; for each horse or jack led or driven, four cents; for each chaise, chair, sulkey, or other carriage of pleasure, drawn by one horse, twelve and a half cents, and for each additional horse, four cents; for each chariot, phaeton, coach, or other four-wheeled carriage of pleasure, drawn by two horses, twenty cents, and for each additional horse five cents; for each cart, waggon, or other carriage of burden drawn by one beast, eight cents, and for each additional beast four cents; for each pleasure sleigh drawn by one horse, ten cents; if drawn by two horses, twelve and a half cents; and for each additional horse four cents; for each sled or sleigh of burden, drawn by one beast, eight cents; if drawn by two beasts, ten cents; and for each additional beast, three cents; for neat cattle and mules, two cents each; and for sheep and swine, one half cent each.

LAWS OF NEW HAMPSHIRE

[CHAPTER 3.]

State oj I

New Hampshire. \

An Act, to incorporate Sundry persons by the name of "The Proprietors of New Castle Bridge" —

[Approved June 19, 1821. Original Acts, vol. 26, p. 80; recorded Acts, vol. 22, p. 5. Session Laws, 1821, Chap. 5. See acts of February 26, 1778, Laws of New Hampshire, vol. 4, p. 143; January 12, 1790, id., vol. 5, p. 477; June 14, 1800, id., vol. 6, p. 637 and July 3, 1822, post.]

Section 1. Be it enacted, by the Senate and House of Repre- sentatives, in General Court, convened, that Andrew W. Bell, Reuben Shapley, Nathan Priest and Ephraim Amazeen, and their associates and who may hereafter become associates, in the said Bridge, their successors and assigns so long as they shall continue proprietors thereof, shall be and are hereby created and made a corporation, by the name of, "The proprietors of New Castle Bridge, and by that name shall be, and are hereby made capable in Law, to sue and be sued, plead and be impleaded, defend and be defended, in any Courts of Record or any other place, whatever, And also to make, have and use a Common Seal, and the same again at pleasure to break alter and renew, and also to ordain, establish and put in execution such By-laws, ordinances and regu- lations, as to them shall appear necessary and convenient for the government of said corporation, and the prudent management of their affairs; — Provided, such By-laws, ordinances and regulations shall in no wise be contrary to the Laws and Constitution of this State; And the said Corporation shall be always subject to the rules, restrictions, limitations and provisions herein prescribed.

Sect. 2. Be it further enacted, that the said corporation may erect and maintain a Bridge from the Northwest end of the Island of New Castle to the town of Portsmouth across the waters and connected with any of the Islands lying on the Southerly side of the Channel of Piscataqua river, and lay out and make a road of convenient width and in the most convenient place for public accom- odation, from the public road in New Castle to Clark's neck, so called, across any of the said Islands, to some one of the public roads in Portsmouth, And may purchase and hold in fee simple, or otherwise, so much land as will be necessary for said road: And if said corporation and the owner or owners of the land, which may be taken for said road, shall not agree on the amount of damages to be paid for the same, the Justices of the Court of Sessions, for the County of Rockingham, or any three of them are hereby authorized and empowered after due notice being given to all concerned fin the manner said Justices may order) of the time and place of hear-

lO LAWS OF NEW HAMPSHIRE

ing, to proceed, after hearing said parties, or if either shall neglect to attend, then after a hearing ex-parte, to appraise said damages with cost; And said corporation shall pay or tender such damages and cost to the owner or owners, to whom the same shall be awarded, — And in case of refusal to receive the same such sum shall be paid into the Court of Sessions, and placed in the hands of such persons, as the said Court shall designate, for the use of such owner or owners. This being done, it shall be lawful for said Corporation to lay out and make the said roads in the same manner they could or might have done, had the consent of the owner or owners of the land been first obtained.

Sect. 3. Be it further enacted, that Andrew W. Bell Reuben Shapley, Nathan Priest and Ephraim Amazeen, or any two of them may call a meeting of said corporation by advertisement in the New Hampshire Gazette, to be holden at any suitable time and place after seven days from the first publication of said Advertisement; And the proprietors by a vote of a majority of those present shall choose a Clerk, and at the same or any subsequent meeting may elect such other officers and establish such By-laws, rules and regu- lations, as may be required for the well ordering the affairs of said corporation; and may conformably to the same make such assess- ments as may be found necessary for accomplishing the object of this Act, and the same may collect by sale of the shares of delinquent proprietors. — And at the meetings of said corporation all questions shall be determined by a majority of the votes of the proprietors present or represented allowing one vote for each share, and absent members to vote by proxy being authorized in writing.

Sect. 4. And be it further enacted, that the said corporation may demand, receive and recover the following toll of every person traveling on said Bridge, and prevent the passage of any person until the same shall have been paid; that is to say, — for every foot passenger, three cents; for each person and horse, six cents; for every chaise, sulkey, chair or other two wheeled carriage of pleas- ure drawn by one horse, twelve and an half cents; and for each additional horse, four cents; for every chariot phaeton, coach or other four wheeled pleasure carriage, drawn by two horses, twenty five cents; And for each additional horse four cents; for each cart, waggon, or other carriage of burden drawn by one beast, ten cents; And for each additional beast, three cents; for each pleasure sleigh, drawn by one horse, eight cents; and for each additional horse, four cents; for every sleigh or sled of burden, drawn by one beast, six cents; and for each additional beast, three cents; for horses, Jacks, mules or neat cattle, exclusive of those rode on. or in carriages, two cents each; for sheep and swine, half a cent each; and for each team one person only shall be allowed to pass free of toll: And at all times, when the toll-gatherer does not attend his duty, the gate shall be left open.

LAWS OF NEW HAMPSHIRE I I

Sect. 5. Be it further enacted that said Corporation shall be answerable for all damages, which may be sustained through in- sufficiency or want of repairs in said Bridge, or said road so to be laid out, and may also be indicted and fined as Towns are by Law, for suffering highways and bridges to be out of repair.

Sect. 6. Be it further enacted, that a draw or hoist in said bridge, shall be constructed, over the channel of what is called the Pool of sufficient width for vessels to pass and repass freely; And the said proprietors shall cause the same to be hoisted or opened without delay for the accomodation 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.

Sect. 7. And be it further enacted, that if said Bridge shall not be Completed within five years from the passing of this act; or if destroyed at any time, and shall not within three years after such destruction, be rebuilt, then this act shall become null and void.

[CHAPTER 4.]

State of }

New Hampshire. \

An Act, further to amend an act entitled "an act to incor- porate John Wheeler and others by the name of the Do- ver Cotton Factory.

[Approved June 21, 1821. Original Acts, vol. 26, p. 81; recorded Acts, vol. 22. p. 9. See act referred to dated December 15, 1812, Laws of New Hampshire, vol. 8, p. 168. See additional acts of June 21 and December 22, 1820, id., pp. 901, 994. Name changed to Dover Manufacturing Company by act of July 18, 1823, post. See also act of June 20, 1826, post.]

Section 1. Be it enacted, by the Senate and House of Repre- sentatives in General Court convened, that the corporation created and now existing under and by virtue of the act aforesaid, be and the same is hereby emnowered to carry on the manufacture of cotton and woolen goods, and such other branches of trade and manufacture as shall be necessarily or conveniently connected there- with at said Dover, and may erect such mills, dams, works, machines and buildings as may be necessary for carrying on these useful manufactures and branches of business

Sec. 2. And be it further enacted, that the said corporation be, and the same hereby is authorized to acquire by purchase or other- wise and to hold and enjoy such real and personal estate as may be necessary and useful in conducting the business of said Factorv, upon its present or a more enlarged plan, and the same to sell, convey and dispose of at pleasure, provided the estate held by the said corporation shall not at any time exceed Five hundred thousand

12 LAWS OF NEW HAMPSHIRE

dollars, and the said capital or joint stock may be divided into as many shares as the proprietors, at a legal meeting, shall agree and decide, and in like manner the said proprietors may agree on the manner of transferring them, and may elect an agent or agents and such other officers and servants as may be deemed nec- essary, and prescribe their respective duties, may order assessments, and fix the time of their payment, may pass by laws for their regulation and government, and may do and transact any other business in relation to the concerns, and for the benefit of said cor- poration; all elections and all other questions if required shall be determined by a majority of votes present or represented at any meeting accounting and allowing one vote to each share in all cases, and all representations shall be in writing signed by the person represented and filed with the Clerk.

Sec. 3. And be it further enacted, that the shares in said cor- poration shall be liable and holden for all assessments legally made thereon, and upon the non-payment of such assessments or any part thereof, for the space of thirty days after the same shall have be- come due and payable, the Treasurer may proceed in the manner pres-cribed in the by laws of said corporation to advertise and sell at Public Auction such delinquent shares or so many of them as may become necessary to pay the sums due thereon with incidental charges.

Sec. 4. And be it further enacted, that all the parts and pro- visions of the act aforesaid, except what are contained in the seven first sections thereof; and also so much of the said seven first sec- tions as is inconsistent with this Act be and the same hereby are repealed.

[CHAPTER 5.]

State of )

New Hampshire. \

An Act, to incorporate "Saint Andrew's Chapter of Royal Arch Masons at Hanover.

[Approved June 21, 1821. Original Acts, vol. 26, p. 82; recorded Acts, vol. 22, p. II.]

Sec. 1. Be it enacted, by the Senate and House of Representa- tives, in General Court convened, that Timothy Kenrick, Alpheus Baker, Salmon Washburn, James F. Dana Henry Hutchinson, Elie- zer D. Curtis, Joseph A. Curtis, James Pool, Ephraim H. Hall, and their associates and successors, shall be and hereby are erected and made a corporation, and body politick, by the name of "Saint Andrew's Chapter of Royal Arch Masons at Hanover," and by that

LAWS OF NEW HAMPSHIRE 13

name may sue, and be sued, plead and be impleaded, defend and be defended, to final judgment and execution, and may have a common seal, and the same may alter at pleasure, and shall have and possess all the powers incident to corporations of a similar nature; and may have, hold and enjoy real and personal estate not exceeding in amount the sum of three thousand dollars.

Sec. 2. And be it further enacted, that James F. Dana, Timothy Kenrick, and Ephraim H. Hall, or any two of them, may call a meeting of said corporation to be holden at Hanover, in the county of Grafton, at such time as they shall think expedient, by an ad- vertisement in the New Hampshire Patriot and State Gazette, or Dartmouth Herald, made two weeks previous to the time of hold- ing said meeting, at which meeting, the members of said corpora- tion, by a vote of a majority of those present, shall choose such officers and enact such by-laws, as they may think proper, for the regulation and government of said corporation. Provided, said by laws are not repugnant to the constitution and laws of this State.

[CHAPTER 6.]

State of \

New Hampshire. \

An Act, vesting in the Superior Court of Judicature, Chan- cery POWERS AND JURISDICTION IN CASES OF REAL AND PERSONAL ESTATE, GIVEN TO CHARITABLE USES.

[Approved June 21, 1821. Original Acts, vol. 26, p. 83; recorded Acts, vol. 22, p. 13. Session Laws, 1821, Chap. 6. Laws, 1824 ed., p. 183. See acts of January 2, 1829, post; December 29, 1832, Session Laws, 1832, Chap. 89 and July 4, 1834, id., 1834, Chap. 182.]

Section i. Be it enacted, by the Senate and House of Repre- sentatives, in General Court convened, that the Superior Court of Judicature shall have Chancery powers and jurisdiction in cases of gifts, grants, devises, donations, and appointments of any lands, tenements, rents, hereditaments, corporeal or incorporeal, goods, chattels, money, securities for money, or other personal estate what- ever, which heretofore have been, or hereafter may be given, granted, made or appointed to or for any charitable uses. — And for the remedy of abuses and breaches of trust in the cases aforesaid, and for carrying into effect the intentions of the grantors and do- nors, the said Court shall make such orders, decrees and judg- ments, that the said lands, tenements, rents, hereditaments, goods, chattels, money, securities for money, and other personal estate may be duly and faithfully employed for the charitable uses to which they were or may be given, granted or appointed, according to the true intent and meaning of the grantors or donors thereof.

14 LAWS OF NEW HAMPSHIRE

Sec. 2. And be it further enacted, that the powers and jurisdic- tion, hereby vested in the Superior Court of Judicature, shall be exercised according to the established principles of Chancery, so far as shall be consistent with the laws and Constitution of this State; And that the proceedings to be had in said Court, in pur- suance of this Act, shall be in conformity with the usual practice of Courts of Chancery in like Cases.

Sec. 3. And be it further enacted, that in suits under this act, reasonable costs be allowed to the prevailing party, at the discre- tion of the Court; And that where informations shall be filed by the Attorney General, at the relation of individuals, they shall give security for the payment of costs, in such manner, as the Court may direct.

[CHAPTER 7.]

State of )

New Hampshire. ~)

An Act, to incorporate St. John's Lodge, No. 1 at Ports- mouth, New Hampshire.

[Approved June 22, 1821. Original Acts, vol. 26, p. 84; recorded Acts, vol. 22, p. 15.]

Section 1. Be it enacted, by the Senate and House of Repre- sentatives in General Court, convened, that Samuel Larkin, James Ladd, Samuel Cushman, and all persons who may hereafter become members of said Lodge be, and they hereby are incorporated and made a body corporate and politic forever, by the name of St. John's Lodge No. 1. at Portsmouth New Hampshire. — And the said body corporate is hereby empowered to hold and possess real and per- sonal estate, not exceeding in value, the sum of three thousand dollars, and is vested with all the powers, rights and privileges, incident to corporations of a similar nature.

Sec. 2. And be it further enacted, that Samuel Larkin, or either ©f the persons named in this Act, may call the first meeting of said Lodge by giving seven days notice in any newspaper printed in the town of Portsmouth, of the time and place of such meeting; at which meeting, or any subsequent meeting, the members of said Lodge may choose a Secretary, and elect such other officers, and establish such by laws, rules and regulations as may be deemed nec- essary for the government of said Lodge, and for carrying into effect the objects of the same; provided said by laws, rules and regulations be not repugnant to the constitution and laws of this State.

LAWS OF NEW HAMPSHIRE I 5

[CHAPTER 8.]

State of I

New Hampshire. )

An act, to incorporate certain persons by the name of the New Durham and Alton Harmony Society for the promo- tion of Sacred Music.

[Approved June 22, 1821. Original Acts, vol. 26, p. 85; recorded Acts, vol. 22, p. 16.]

Section i. Be it enacted, by the Senate and House of Repre- sentatives in General Court convened, that Ephraim Chamberlin, John Chamberlin Junr, Benjamin W. Pinkham, Ebenezer Chamber- lin, Isaac Davis, Jacob Davis, John Davis, James Downs and such as may hereafter become members of said society, be, and they hereby are made a corporation by the name of the New Durham and Alton Harmony Society, and by that name may sue and be sued, defend and be defended, and be known and distinguished in their acts and pro- ceedings in all cases whatever; and shall be and are hereby vested with all such powers and privileges as are usually enjoyed by cor- porations of a like nature.

Section 2. And be it further enacted, that the three first named persons, or either two of them, may call the first meeting of said society at any suitable time and place in either of the said towns of New-Durham or Alton, by posting up a notification for that pur- pose at one or more public places in each of said towns, at least fif- teen days prior to said meeting; at which meeting the members thereof shall choose a Clerk, and such other officers as they may think proper, and shall agree on a method of calling future meet- ings and the time of their annual meeting; and at the same or any subsequent annual meeting may establish rules and by laws for their regulation and government; Provided such rules and by laws are not contrary to the constitution and laws of this State, and may order such assessments as they may think proper.

Section 3. And be it further enacted, that said society may re- ceive, hold and enjoy, by gift, grant or otherwise personal estate to any amount not exceeding five hundred dollars, and the same may sell and dispose of at pleasure for the use and benefit of said association.

1 6 LAWS OF NEW HAMPSHIRE

[CHAPTER 9.]

State of \

New Hampshire. \

An act to incorporate certain Physicians & Surgeons, by the name of the white mountains medical society.

[Approved June 23, 1821. Original Acts, vol. 26, p. 86; recorded Acts, vol. 22, p. 18.]

Section 1. Be it enacted, by the Senate & House of Representa- tives in General Court convened, That Eliphalet Lyman, John Dewey, Daniel Egery, Benjamin Hunking, Lyman Lombard, William Burns, John Willard, Andrew Spaulding, Thomas McDole, John M'Nabb 2d, Calvin Jewett, & their associates & successors, be, & they are hereby made & constituted a body politic & corpo- rate, by the name of the White Mountains Medical Society, & by that name be & continue a body politic & corporate forever, & shall possess & enjoy all the rights, privileges & immunities of a corpo- ration for the promotion & advancement of Medical knowledge; and the said Society shall have power to make all necessary bye laws, rules & regulations for their government, & the furtherance of the objects of their incorporation, not repugnant to the laws of this State, or the United States.

Section 2. And be it further enacted, That the members of said Society, at their annual & other meetings, duly notified & warned for the purpose, may elect a President, directors, Secretary & Treas- urer, & such other officers as they may judge necessary; may have & use a common seal, & the same may alter or change at pleasure; may have power to sue & be sued, prosecute & defend in all actions, whether personal, real or mixed, in any Court proper to try the same; may direct the manner in which members may be admitted into their association; and may expel any member, on the concur- rent vote of two thirds of the members present, & voting on the question.

Section 3. And be it further enacted, That the said Society shall forever have power, & be capable in law of taking & holding any estate real or personal, by gift, grant, devise, or otherwise & manage, improve, or convey the same by themselves, their agent or agents, provided the same so held, does not exceed in the whole five thousand dollars. And the said Society shall have power to impose such fines & forfeitures, for a breach of their bye laws, & for other offences as they shall from time to time deem proper, provided the fine for any one breach or offence, shall in no case exceed twenty dollars. And it shall be the duty of said Society, faithfully to imploy their funds in promoting the objects contem- plated by their association.

LAWS OF NEW HAMPSHIRE 17

Section 4. And be it further enacted, That it shall be the duty of each member of said Society, at their regular meetings to com- municate to his associates, all such useful information as shall be in his possession, the history of important cases which may occur in the course of his practice, or come to his knowledge; and in fine to do all in his power to render the profession more enlightened, useful, & respectable, & to give gratuitous advice to all diseased persons, who may apply for the same at said meeting.

Section 5. And be it further enacted, That if this act or any of its provisions, should be found inadequate to effect the purposes intended thereby, it may, by the General Court, be altered, amended or repealed.

Section 6. And be it further enacted, That the three persons first named in this act, or any two of them, are hereby authorized to call the first meeting of said Society under this act, at such time & place as they may deem expedient, by giving notice thereof in the New Hampshire Patriot & State Gazette, three weeks at least before the day appointed for said meeting, or by giving fourteen days personal notice to each member stating the time, place & object of said meeting.

[CHAPTER 10.]

State oj \

New Hampshire. \

An Act to establish the compensation of committees ap- pointed by the Courts of Sessions to examine routes and lay out highways.

[Approved June 26, 1821. Original Acts, vol. 26, p. 87; recorded Acts, vol. 22, p. 21. Session Laws, 1821, Chap. 13. Laws, 1824 ed., p. 185. Re- pealed by acts of January 3, 1829, post, and July 3, 1829, Session Laws, 1829, Chap. 52.]

Sec. 1. Be it enacted by the Senate and House of Representa- tives, in General Court convened, that from and after the passing of this act, all committees, which may be appointed by the several courts of sessions to examine and lay out highways, shall consist of three members and no more; who shall each be allowed two dol- lars for each day actually and necessarily spent in such service, which shall be in full compensation for such services.

1 8 LAWS OF NEW HAMPSHIRE

[CHAPTER 11.]

State of I

New Hampshire. \

An Act to prevent frauds in the management of the busi- ness of Banks and of public officers.

[Approved June 27, 1821. Missing from original Acts; recorded Acts, vol. 22, p. 22. Session Laws, 1821, Chap. 18. Laws, 1824 ed., p. 109; id., 1830 ed., p. 132. Repealed by act of December 22,, 1842. See Revised Stat- utes (1842), Chap. 230.]

Sec. i. Be it enacted by the Senate and House of Representa- tives in General Court convened, that if any President, Director, Cashier or other officer or servant of any Bank in this State incor- porated by the authority thereof, shall fraudulently convert to his own use any money, bill, note, security for money, evidence of debt or other effects whatever belonging to such Bank, such person shall upon due conviction be punished by fine not exceeding two thousand dollars and by imprisonment not exceeding two years.

Sec. 2. Be it further enacted that if any Cashier, or other offi- cer, or servant of any Bank in this State incorporated by the author- ity thereof, being entrusted with or having the custody of any money, bill, note, security for money, evidence of debt or other effects whatever belonging to such Bank shall contrary to his duty and in breach of his trust, knowingly and voluntarily pay or deliver to any person or persons whomsoever, or to his or their order any such money, bill, note, security for money, evidence of debt, or other effects knowing that such person or persons are not entitled to demand or receive the same, such Cashier, officer or servant of such Bank shall upon due conviction be punished by fine not ex*- ceeding two thousand dollars and by imprisonment not exceeding two years.

Sec 3. Be it further enacted that if any public officer being a receiver of public monies under any law of this State, shall fraud- ulently convert to his own use or shall contrary to his duty and in breach of his trust, knowingly pay or deliver to any person or per- sons whomsoever, or to his or their order, any such public money, knowing that such person or persons are not entitled to demand or receive the same, such officer shall upon due conviction be punished by fine not exceeding two thousand dollars, and by imprisonment not exceeding two years.

LAWS OF NEW HAMPSHIRE 1 9

[CHAPTER 12.]

State of I

New Hampshire. \

An act, to incorporate "Humane Lodge No. 21."

[Approved June 27, 1821. Original Acts, vol. 26, p. 88; recorded Acts, vol. 22, p. 24.]

Section 1. Be it enacted, by the Senate and House of Repre- sentatives, in General Court convened, that Levi Jones, William Jones, Charles Dennet, Nathaniel Lord, Hanson Hayes, Giles W. Burrows, John Chapman, John Roberts Jun1', Stephen Drew, Joseph Cross, Ira Fish, Harvey Morey and their associates and successors, shall be and hereby are erected and, made a corporation and body politic by the name of "Humane Lodge No. 21", and by that name may sue and be sued, plead and be impleaded, defend and be de- fended to final judgment and execution, and may have a common seal, and the same may alter at pleasure, and shall have and possess all the powers incident to corporations of a similar nature, and may have, hold and enjoy real and personal estate, not exceeding in amount two thousand dollars.

Section 2. And be it further enacted, that Levi Jones, William Jones, and Charles Dennet, or either two of. them, may call a meet- ing of said corporation, to be holden at Rochester in the County of Strafford, at such time as they shall think expedient, by advertising in the Strafford Register, printed at Dover, fifteen days previous to meeting, at which meeting, the members of said corporation, by a vote of the majority of those present, shall choose such officers and enact such by-laws, as they may think proper, for the regulation and government of said corporation; Provided, said by laws are not repugnant to the constitution and laws of this State.

[CHAPTER 13.]

State of )

New Hampshire. \

An Act to incorporate Faithful Lodge N° 12.

[Approved June 27, 1821. Original Acts, vol. 26, p. 89; recorded Acts, vol. 22, p. 26.]

Section 1. Be it enacted, by the Senate and House of Repre- sentatives, in General Court, convened, that David Parker, Jesse Healy, Frederic A Sumner, Henrv Hubbard. Luther Hammond, and their associates and successors, shall be and hereby are erected and

20 LAWS OF NEW HAMPSHIRE

made a corporation and body politick, by the name of "Faithful Lodge No. 12, and by that name, may sue and be sued, plead and be impleaded, defend and be defended to final judgment and execu- tion, and may have a common seal, and the same may alter at pleasure, and shall have and possess all the powers incident to cor- porations of a similar nature, and may have hold and enjoy real and personal estate not exceeding in amount the sum of one thou- sand dollars.

Sec. 2 And be it further enacted, that David Parker, Frederic A. Sumner and Henry Hubbard, or any two of them may call a meeting of said corporation to be holden at Charlestown in the County of Cheshire, at such time, as they shall think expedient by advertisement in the New Hampshire Sentinel printed at Keene fifteen days previous to the time of meeting, at which meeting the members of said corporation, by a vote of the majority of those present, shall choose such officers, and enact such byelaws, as they may think proper, for the regulation and government of said cor- poration,— Provided said by laws are not repugnant to the consti- tution and laws of this State.

[CHAPTER 14.]

State of \

New Hampshire. \

An Act to incorporate the proprietors of New-Hampton Academy.

[Approved June 27. 1821. Original Acts, vol. 26, p. go; recorded Acts, vol. 22, p. 27. See additional acts of June 29, 1826, and January 3, 1829, post.]

Section 1. Be it enacted, by the Senate and House of Repre- sentatives in General Court convened, That William B. Kelley, Nathaniel Norris, Joshua B. Drake, John Webster, John S. Harper, Jeremiah Ward, Samuel Kelley, Peter Hannaford, Isaiah Dotan, James How, David B. Mason, Joseph Cumings, Michael B. Kelley, Samuel Kelley, Washington Mooney, Nathaniel Drake, 3d, Abra- ham Harper, John M. Kelley, Joshua Woodman, and such as may hereafter become associates with them, be, and they hereby are incorporated and made a body politic, by the name of the Proprie- tors of New-Hampton Academy; and by that name may sue and be sued, prosecute and defend to final judgment and execution; and be known and distinguished in their acts and proceedings, and in all cases whatever; and shall be, and hereby are vested with all the powers and privileges incident to corporations of a like nature.

LAWS OF NEW HAMPSHIRE 2 1

Sec. 2. And be it further enacted, That said Corporation is hereby made capable in law to have, receive and hold in fee simple, or any less estate, by gift, grant, or otherwise, any real estate, the annual income of which shall not exceed five hundred dollars, and personal estate not exceeding ten thousand dollars; and the same may use and employ for the promotion of science and the useful arts, and for the benefit of said Corporation may sell and dispose of the same at pleasure.

Sec. 3. And be it further enacted, That said Academy be lo- cated and established in the town of New-Hampton at the place where the building now intended for that purpose is erected: Pro- vided however, that whenever it shall become necessary to erect a new building to be used by said Academy, in lieu of the one now in- tended to be used, it may be located at any such convenient place in said town, as the proprietors may at any legal meeting notified for that purpose determine.

Sec. 4. And be it further enacted, That the three persons first above named, or any two of them, may call the first meeting of said proprietors, at some convenient time and place, by posting a notifi- cation for that purpose at the Academy, at least fifteen days prior to the day of holding said meeting: at which, or at any subsequent meeting duly notified, the proprietors may make and establish such rules and regulations as they may deem proper for the government of said Corporation; may fix the time of their annual meeting, and agree on the manner of calling the annual and other meetings; may elect such officers or agents as may be considered necessary; may by assessment "upon their polls and rateable estate" raise such sum or sums of money as the exigencies of the Corporation may seem to require; and do and transact any business in relation to the benefi- cial designs contemplated by the establishment of this Seminary.

Sec. 5. And be it further enacted, That the Academy shall be under the care, superintendence and control of a board of Trustees, consisting of three persons, who may, in case the proprietors deem it expedient, be appointed annually, and continue in office until others are appointed. And until such appointment shall have been made, the three persons first above named, towit, William B. Kelley, Nathaniel Norris and Joshua B. Drake shall constitute said board. Provided however, that the proprietors may at any annual meet- ing increase the number of trustees to five, making the principal instructor, ex officio, one of said board; a majority of whom shall constitute a quorum for the transaction of business.

The Trustees shall have power to appoint and dismiss instructors; prescribe their duties; establish orders and regulations for the gov- ernment of the students; direct the management and application of the funds, and generally direct and control all the concerns of the

22 LAWS OF NEW HAMPSHIRE

Institution, subject however to the votes and orders of the proprie- tors.

Sec. 6. And be it further enacted, That the property belonging to said Corporation, not exceeding ten thousand dollars in value shall be exempt from taxation: Provided however, that the Legis- lature may at any time hereafter make any alteration in respect to the taxation of the corporate property, and may also make such alterations and amendments in any of the provisions of this act as may be deemed necessary or expedient.

[CHAPTER 15.]

State oj I

New Hampshire. \

An Act, for raising thirty thousand dollars for the use of this State.

[Approved June 27, 1821. Original Acts, vol. 26, p. 91; recorded Acts, vol. 22, p. 30. Session Laws, 1821, Chap. 19.]

Sec. 1 Be it enacted, by the Senate and House of Representa- tives, in General Court convened, that there shall be raised for the use of this State the sum of thirty thousand dollars, which sum shall be assessed, collected and paid into the Treasury on or before the first day of December in the year of our Lord one thousand eight hundred and twenty two; and the Treasurer be, and hereby, is directed seasonably to issue his warrants to the selectmen or as- sessors of the several towns, parishes, and districts within this State according to the last proportion act; and the selectmen and assessors of the several towns, parishes and districts aforesaid are hereby re- spectively required to assess the sums specified in the Treasurer's warrants, and cause the same to be paid into the Treasury of this State, on, or before the first day of December in the year of our Lord one thousand eight hundred and twenty two; And the Treas- urer may issue extents for all taxes that may then remain unpaid.

LAWS OF NEW HAMPSHIRE 23

[CHAPTER 16.]

State of I

New Hampshire. \

An act authorizing the Superior Court of Judicature to cause highways to be established in certain cases.

[Approved June 27, 1821. Original Acts, vol. 26, p. 92; recorded Acts, vol. 22, p. 32. Session Laws, 182 1, Chap. 20. Laws, 1824 ed., p. 184. See acts of December 2, 1812, Laws of New Hampshire, vol. 8, p. 147, and June 24, 1814, id., p. 358. Repealed by acts of January 3, 1829, post, and July 3, 1829, Session Laws, 1829, Chap. 52.]

Be it enacted, by the Senate and House of Representatives in General Court convened that whenever any public highway shall be thought necessary to be laid out over land in two or more counties in this State application may be immediately made by petition to the Superior Court of Judicature setting in either of such counties; which Court shall have all the power and authority to cause such road or public highway to be surveyed, laid out and established, and to cause compensation to be made to the owners of land over which the same may pass, and costs to be taxed that by law per- tains to the Courts of sessions to establish highways in any partic- ular County.

[CHAPTER 17.]

State of }

New Hampshire. \

An Act, in addition to an act, entitled "An Act for arrang- ing, FORMING AND REGULATING THE MlLITIA" PASSED DECEM- BER l820.

[Approved June 27, 1821. Original Acts, vol. 26, p. 93; recorded Acts, vol. 22. p. 33. Session Laws, 1821, Chap. 21. Laws, 1824 ed., p. 84. See act referred to, Laws of New Hampshire, vol. 8, p. 955. See additional acts of June 29, 1821, July 2, 1822, July 3, 1822, and June 12, 1824, post. Repealed by act of January 2, 1829, post.']

Sec. i. Be it enacted by the Senate and House of Representa- tives, in General Court convened, that where any Company of Cav- alry, Artillery, Riflemen, Grenadiers, Light Infantry, or Infantry now are, or hereafter may be without any non-commissioned officers to notify and warn the men belonging to said Company, the Cap- tain or commanding officer of said Company shall have power to order any of the private soldiers enrolled in said Company to notify and warn the men belonging to said Company to meet for any inspection, training or muster; which notice or warning shall be

24 LAWS OF NEW HAMPSHIRE

given in the same manner as is provided in the act to which this is in addition. And if any such private soldier, being so ordered shall refuse or neglect to notify and warn all such men, he shall forfeit and pay the sum of two Dollars for every man he shall so neglect to warn, to be recovered by the captain or commanding officer of such company in an action of debt before any magistrate or Court of competent jurisdiction to be appropriated for the repairs of mus- ical instruments. And the men so warned or notified shall be liable to the same fines for neglect, as they would be if notified and warned by a non commissioned officer,, as provided by the act, to which this is in addition.

Sec. 2 And be it further enacted, that the Quarter Master re- turns required by the twenty third section of the act to which this is in addition shall be made within the times following — The cap- tains or commanding officers of companies shall make their returns to the Regimental Quarter Masters within ten days from the annual training and inspection in May in each year; and the Regimental Quarter Masters shall make their returns to the Quarter Master General or to the officer doing the duties of Quarter Master Gen- eral, within twenty five days from said annual training, any thing in said act to the contrary notwithstanding: and if any officer, whose duty it shall be to make any of said returns, shall neglect so to do for a longer time than is above specified he shall forfeit and pay the sum of twenty dollars to be recovered by the Adjutant and Inspector General in an action of debt in his own name, to be appropriated for defraying any expenses attending the Militia.

[CHAPTER 18.]

State of )

New Hampshire, f

An act, in addition to an act entitled an act, to institute and provide for the organization of a board of agriculture for this State.

[Approved June 27, 1821. Original Acts, vol. 26, p. 94; recorded Acts, vol. 22. p. 3=;. Session Laws, 1821. Chap. 22. Laws, 1824 ed.. p. 102. The act referred to is probably dated December io, 1820, Laws of New Hamp- shire, vol. 8, p. 940. Repealed by act of December 21, 1824, post.]

Section 1. Be it enacted, by the Senate and House of Repre- sentatives, in General Court convened, that the annual meeting of the board of Agriculture for this State, shall hereafter be holden on the second Wednesday of June, instead of the first Monday after the annual meeting of the Legislature.

Sec. 2. And be it further enacted, that the Board of Agriculture for this State, shall, from and after the first Monday following the

LAWS OF NEW HAMPSHIRE 25

annual meeting of the Legislature in June next, consist of one del- egate to be chosen by ballot by each of the County agricultural Societies within this State, instead of the several Presidents of the several agricultural societies, with one delegate to be chosen by each of said Societies, as is provided in and by said Act, to which this in addition.

Sec 3. And be it further enacted, that it shall be the duty of the Secretary of each County Agricultural Society within this State, to transmit "to the Secretary of said Board of Agriculture annually, on or before the annual meeting of said Board, copies of all com- munications to such society on the management and culture of crops, on which premiums have been awarded.

[CHAPTER 19.]

State of I

New Hampshire. \

An Act, granting to David Lewis and others the right to flow and drain pleasant pond.

[Approved June 27, 182 1. Original Acts, vol. 26, p. 95; recorded Acts, vol. 22, p. 37.]

Be it enacted, by the Senate and House of Representatives in General Court convened, that David Lewis, Jabez Fairbanks, Phin- ehas Butterfield and John Sleeper, and their heirs and assigns forever, being owners of grist mills standing in Francestown, upon the waters which issue from Pleasant pond, so called, situated in said town, and of a saw-mill standing on said waters between said pond and Mountain Brook, so called, or being owners of said grist- mills only, shall have, and there is hereby granted to them a right to dig and deepen the bed or bottom of the stream running out of said pond, for the purpose of draining the same as low as they may think proper, for the use of said mills; and to build a dam, and put down a floom and gate at the outlet of said pond, and repair and rebuild the same, whenever they shall deem it necessary, so as to raise the water therein as high as may be done without injuring, except in case of great or sudeen freshets, the meadow and the produce thereof, bordering on said pond, and now owned by Nathan Sleeper and David Sleeper.' And in case a great or sudden freshet shall cause said meadow to be flowed to the injury of said meadow, or the produce thereof, the owner or owners thereof, or any one of them, may notify the proprietors of the right herein granted, or any one of them, or any person tending either of said mills by them or either of them owned, of the injurv aforesaid. And it shall become the duty of the person or persons, thus notified,

26 LAWS OF NEW HAMPSHIRE

to hoist, or cause to be hoisted the gate put down as aforesaid, and suffer the same to remain hoisted until the water shall be drawn from said meadow. And in case the person or persons, notified as aforesaid, shall unreasonably refuse or neglect to hoist said gate, or cause it to be hoisted, or in case he or they or any one of said proprietors shall shut said gate, or cause it to be shut before the water shall be drawn from said meadow, then the person or persons notifying as aforesaid may apply to the Selectmen of Francestown, for the time being, and said Selectmen, or a major part of them, shall have power to hoist said gate and keep it up until the water shall be drawn from said meadow. And if in their opinion, the person or persons notified as aforesaid have unreasonably refused or neglected to hoist said gate, or cause it to be hoisted, or he or they or any one of said proprietors have shut the same, or caused it to be shut before the water was drawn from said meadow, then said Selectmen, or a major part of them, shall appraise the damage occasioned by such refusal or neglect, or shutting of said gate, and shall, on request, give to each party interested a certificate under their hands of such opinion, and of their appraisal of the damages occasioned as aforesaid. — And the said proprietors, their heirs and assigns, shall be jointly and severally liable to pay to any person injured by such refusal, or neglect, or shutting of saidgate, the sum at which his damages shall be appraised as aforesaid, together with a penalty of ten dollars to be recovered with costs in an action of debt before any justice of the peace, or in any Court proper to try the same. And upon the trial of such action, the said certificate of the Selectmen shall be competent and conclusive evi- dence, as well that the damages therein appraised, were sustained as of their amount.

[CHAPTER 20.]

State of )

New Hampshire. \

An act, for the preservation of fish, in Hart's pond in the town of Canaan.

[Approved June 27, 1821. Original Acts, vol. 26, p. 96; recorded Acts, vol. 22, p. 40. Session Laws, 1821, Chan. 23. Laws, 1824 ed., p. 124; id., 1830 ed., p. 258. Repealed by act of June 28, 1831, Session Laws, 1831, Chap. 27.]

Be it enacted, by the Senate and House of Representatives in General Court convened, that from and after the passing; of this act for the term of five years, if any person or persons shall use any spear for the purpose of catching or destroying any of the fish in Hart's pond in Canaan in the County of Grafton, or shall between

LAWS OF NEW HAMPSHIRE 27

the first day of November and the first day of May, catch any of said fish through the ice, or otherwise, in said pond, such person or persons, so offending, shall for every fish so caught forfeit and pay the sum of two dollars, to be recovered in an action of debt by any person who shall sue for the same, before any Justice of the peace within the County of Grafton; one half of said sum to be appro- priated to the use of the person who shall sue for the same, and the other half for the use of said County of Grafton.

[CHAPTER 21.]

State of \

New Hampshire. \

An act in addition to an act entitled An act to incorporate sundry persons by the name of the president, directors and Company of the New Hampshire Union Bank, approved June 18, 1802.

[Approved June 28, 182 1. Original Acts, vol. 26, p. 97; recorded Acts, vol. 22, p. 41. Session Laws, 1821, Appendix, p. 19. See act referred to, Laws of New Hampshire, vol. 7, p. 102. See also act of December 22, 1820, id., vol. 8, p. 995.]

Sec. 1 Be it enacted by the Senate and House of Representa- tives, in General Court convened, that the said act, entitled an act to incorporate sundry persons by the name of the President, Di- rectors and Company of the New Hampshire Union Bank shall remain and continue to be in force for and during the term of twenty years from and after the first day of July in the year of our Lord 1822 during which term the said corporation shall con- tinue, and shall have and enjoy all the rights, privileges and im- munities granted to it by said Act, which are not inconsistent with this Act, and shall be subject to all the liabilities, mentioned and provided in and by said act, not inconsistent with the provisions of this act

Sec 2. And be it further enacted, that the said corporation shall not issue and have in circulation at any one time bills, notes or obligations to a greater amount than the amount of the capital stock actually paid in at such time and then composing the capital stock of said Bank; — And in case any Cashier, Director or other officer of said Bank at any time shall knowingly issue, or order, direct or cause to be issued and put into circulation bills, notes or obligations, of said Bank which together with those before issued and then in circulation shall exceed the amount of the capital stock of said Bank as aforesaid, such Cashier, Director or other officer shall forfeit and pay a sum not exceeding ten thousand dollars, and not less than one thousand dollars.

28 LAWS OF NEW HAMPSHIRE

Sec 3. And be it further enacted, that dividends may be made semiannually among the Stockholders of said Bank of interest or profits actually received, but no part of the capital stock of said Bank shall, either before or after the expiration of the time limited by this act for the continuance of said corporation, be divided among or paid to the Stockholders without the license of the Legis- lature of this State therefor, on penalty that any cashier, director or other officer who shall so divide or pay the same or order, direct or cause the same to be done, shall therefor forfeit and pay a sum not exceeding ten thousand dollars, nor less than one thousand dollars. — Provided nevertheless, that it shall be lawful for the Stockholders, after having given one years previous notice of their intention by advertisement in two newspapers published in this State, and after payment of all outstanding debts due from said Bank, to make a division of the capital stock among themselves and thereby dissolve said corporation.

Sec. 4. And be it further enacted, that the capital stock of said Bank shall for the purposes of this Act be taken and deemed to be one hundred and fifty thousand dollars being the amount of sums actually paid into said Bank by the stockholders and now compos- ing the capital stock thereof; and in case of a diminution or loss of any portion thereof by reason of bad or desperate debts due to the Bank or other means whatever, it shall be the duty of the directors, in their next annual return of the condition of the said Bank, by law required to be made to the Governor and Council, to state the amount of such diminution or loss, and the cause thereof; and after such loss of diminution, no dividend of interest or profit shall be made until such loss or diminution shall be replaced and supplied by assessments and actual payments by the stockholders or by appropriations therefor of the interest and profits actually re- ceived.— Provided nevertheless, that the capital stock of said Bank may be increased by assessments and actual payments by the stockholders to any sum not exceeding in amount the sum limited by the original act of incorporation, and such payments shall there- upon be added to said one hundred and fifty thousand dollars and the amount of both sums shall constitute the capital Stock.

Sec 5. And be it further enacted, that the Legislature shall at all times have the right by, any persons duly apoointed for that purpose, to examine into the state, condition and all the doings and transactions of said corporation, and of its officers relating to the same; for which purpose all the books and papers of the corpora- tion together with its monev and securities for money, shall be exhibited and submitted to the inspection and examination of such persons so to be appointed, and each officer of said corporation shall answer, on oath if required, all suitable and proper interrogatories relating to the State, condition or transactions of said Bank.

Sec 6. And be it further enacted, that after this act shall be

LAWS OF NEW HAMPSHIRE 29

accepted, the annual meeting of the stockholders for the choice of Directors shall be held on the second Monday of July Annually, instead of the first Monday, as directed in the original act of Incorporation.

Sec. 7. And be it further enacted, that all penalties incurred under this act may be recovered by information or suit in the name of the State.

Sec. 8. And be it further enacted, that the Act, entitled, An Act in addition to An Act, entitled An Act, to incorporate sundry per- sons by the name of the President, Directors and Company of the New Hampshire Union Bank, passed December 22. 1820 be and the same hereby is repealed.

[CHAPTER 22.]

State of I

New Hampshire. \

An act, in addition to an Act entitled an act to incorporate sundry persons by the name of the president, directors and Company of the New Hampshire Strafford Bank, passed the tenth day of june one thousand eight hundred and three.

[Approved June 28, 1821. Original Acts, vol. 26, p. 98; recorded Acts, vol. 22, p. 45. The act referred to is dated June 11, 1803, Laws of New Hampshire, vol. 7, p. 157.]

Sec. i. Be it enacted, by the Senate and House of Representa- tives in General Court convened, that the said Act entitled an act to incorporate sundry persons by the name of the President, Di- rectors and Company of the New Hampshire Strafford Bank shall remain and continue to be in force for and during the term of twenty years from and after the fourth day of July in the year of our Lord one thousand eight hundred and twenty three, during which term the said corporation shall continue, and have and enjoy all the rights, privileges and immunities granted to it, by said act, which are not inconsistent with this Act, and shall be subject to all the liabilities mentioned and provided in and by said Act, not in- consistent with the provisions of this Act.

Sec. 2. And be it further enacted, that the said Corporation shall not issue and have in circulation at any one time, bills, notes or obligations to a greater amount than the amount of the capital stock actually paid in at such time and then composing the capital Stock of said Bank; and in case any Cashier, Director or other officer of said Bank at any time shall knowingly issue or order, direct and cause to be issued and put into circulation bills, notes

30 LAWS OF NEW HAMPSHIRE

or obligations of said Bank, which together with those before issued and then in circulation, shall exceed the amount of the capital stock of said Bank as aforesaid, such cashier, Director, or other officer shall forfeit and pay a sum not exceeding ten thousand dollars and not less than one thousand dollars.

Sec. 3. And be it further enacted, that dividends may be made semiannually, among the Stockholders of said Bank, of interest or profits actually received; but no part of the capital Stock of said Bank, shall, either before or after the expiration of the time limited by this act for the continuance of said corporation, be di- vided among or paid to the Stockholders without the license of the Legislature of this State therefor, on penalty that any Cashier, Director or other officer who shall so divide or pay the same, or order, direct or cause the same to be done, shall therefor forfeit and pay a sum not exceeding ten thousand dollars, nor less than one thousand dollars. Provided, nevertheless, that it shall be lawful for the Stockholders after having given one years previous notice of their intention by advertisement in two newspapers published in this State and after payment of all outstanding debts due from said bank to make a division of the capital Stock among themselves and thereby dissolve said corporation.

Sec. 4. And be it further enacted, that the capital stock of said Bank shall, for the purposes of this act, be taken and deemed to be one hundred thousand dollars being the amount of the sums actually paid into said Bank by the stockholders and now compos- ing the capital stock thereof; and in case of a diminution or loss of any portion thereof, by reason of bad or desperate debts due to the bank or other means whatever, it shall be the duty of the Directors in their annual return of the condition of the said Bank, by law required to be made to the Governor and Council, to state the amount of such diminution or loss and the cause thereof; And after such loss or diminution, no dividend of interest or profits shall be made until such loss or diminution shall be replaced and supplied by assessments and actual payments by the stockholders or by appropriations therefor of the interest and profits actually re- ceived.— Provided nevertheless, that the capital stock of said Bank may be increased by assessments and actual payments by the stock- holders to any sum not exceeding in amount the sum limited by the original act of incorporation and such pavments shall thereupon be added to said one hundred thousand dollars and the amount of both sums shall constitute the capital stock.

Sec. 5. And be it further enacted, that the Legislature shall at all times have the right, by any persons duly appointed for that purpose, to examine into the state, condition and all the doings and transactions of said corporation and of its officers relating to the same; for which purpose all the books and papers of the corporation together with its monies and securities for money shall be exhibited

LAWS OF NEW HAMPSHIRE 31

and submitted to the inspection and examination of such persons so to be appointed; and each officer of said corporation shall answer on oath, if required, all suitable and proper interrogatories relating to the state, condition or transactions of said Bank.

Sec. 6 And be it further enacted, that all penalties incurred, under this act, may be recovered by information or suit in the name of the State.

Sec. 7. And be it further enacted, that the said corporation, instead of the name and stile of the President, Directors and com- pany of the New Hampshire Strafford Bank, by which name they were incorporated, by the act to which this in addition, shall from and after the expiration of said act, be known and called by the name of the President, Directors and Company of the Strafford Bank.

[CHAPTER 23.]

State of )

New Hampshire, f

An act, in addition to an act, entitled an act, to incorporate sundry persons by the name of the president, directors and Company of the Portsmouth Bank passed the eleventh day of June one thousand eight hundred and three.

[Approved June 28, 1821. Original Acts, vol. 26, p. 99; recorded Acts, vol. 22, p. 50. The act referred to is printed in Laws of New Hampshire, vol. 7, p. 154. See additional act of June 17, 1836, Session Laws, June, 1836, Private Acts, Chap. 60.]

Sec. i. Be it enacted, by the Senate and House of Representa- tives, in General Court convened, that the said act, entitled an act, to incorporate sundry persons by the name of the President, Di- rectors and company of the Portsmouth Bank, shall remain and continue to be in force for and during the term of twenty years from and after the first day of July in the year of our Lord one thousand eight hundred and twenty three; during which term the said corpo- ration shall continue, and shall have and enjoy all the rights, privi- leges and immunities, granted to it by said act, which are not in- consistent with this act, and shall be subject to all the liabilities mentioned and provided in and by said act, not inconsistent with the provisions of this act.

Sec. 2. And be it further enacted, that the said corporation shall not issue and have in circulation at any one time, bills, notes or obligations to a greater amount, than the amount of the capital stock actually paid in at such time, and then composing the caDital stock of said bank; and in case any Cashier, Director or other officer

32 LAWS OF NEW HAMPSHIRE

of said Bank, at any time shall knowingly issue or order, direct and cause to be issued and put into circulation, bills, notes or obligations of said Bank which together with those before issued and then in circulation shall exceed the amount of the capital stock of said Bank as aforesaid such Cashier, director or other officer shall forfeit and pay a sum not exceeding ten thousand dollars and not less than one thousand dollars.

Sec. 3. And be it further enacted, that dividends may be made semiannually among the stockholders of said Bank of interest or profits actually received; but no part of the capital stock of said Bank shall, either before or after the expiration of the time limited by this act for the continuance of said corporation, be divided among or paid to the Stockholders without the license of the Legis- lature of this State therefor, on penalty that any cashier, director or other officer who shall so divide or pay the same, or order, direct or cause the same to be done shall therfor forfeit and pay a sum not exceeding ten thousand dollars nor less than one thousand dol- lars— Provided, nevertheless, that it shall be lawful for the stock- holders, after having given one years previous notice of their inten- tion, by advertisement in two newspapers published in this State, and after payment of all outstanding debts due from said Bank, to make a division of the capital stock among themselves, and thereby dissolve said corporation.

Sec. 4. And be it further enacted, that the capital stock of said Bank shall for the purposes of this act be taken and deemed to be one hundred thousand dollars being the amount of the sums actually paid into said Bank by the stockholders and now composing the Capital stock thereof, and in case of a diminution or loss of any portion thereof by reason of bad or desperate debts due to the bank, or other means whatever, it shall be the duty of the Directors in their next annual return of the condition of the said bank by law required to be made to the Governor and Council to state the amount of such diminution or loss and the cause thereof; and after such loss or diminution no dividend of interest or profit shall be made until such loss or diminution shall be replaced and supplied by assess- ments and actual payments by the stockholders or by appropriations therefor of the interest and profits actually received; Provided nevertheless, that the capital stock of said Bank may be increased by assessments and actual payments by the stockholders to any sum not exceeding in amount the sum limited by the original act of in- corporation and such payments shall thereupon be added to said one hundred thousand dollars and the amount of both sums shall con- stitute the capital stock.

Sec. 5. And be it further enacted, that the Legislature shall at all times have the right, by any persons duly appointed for that purpose, to examine into the state, condition, and all the doings and transactions of said corporation, and of its officers relating to

LAWS OF NEW HAMPSHIRE 33

the same; for which purpose all the books and papers of the corpo- ration together with its money and securities for money, shall be exhibited and submitted to the inspection and examination of such persons so to be appointed; and each officer of said Corporation shall answer on oath, if required, all suitable and proper interrog- atories, relating to the state, condition or transactions of said Bank.

Sec. 6. And be it further enacted, that after this act shall be accepted, the annual meeting of the stockholders for the choice of Directors shall be held on the second Monday of July annually instead of the first Monday as directed in the original act of in- corporation.

Sec. 7. And be it further enacted, that all penalties incurred under this act may be recovered by information or suit in the name of the State.

[CHAPTER 24.]

State of I

New Hampshire. \

An Act in addition to an act entitled an Act to incorporate sundry persons by the name of the president, directors and Company of the Coos Bank, approved December 24, 1803. ■

[Approved June 28, 1821. Original Acts, vol. 26, p. 100; recorded Acts, vol. 22, p. 54. The act referred to is printed in Laws of New Hampshire, vol. 7, P- -207.]

Section 1. Be it enacted by the Senate and House of Repre- sentatives in General Court convened, that the said act entitled an Act to incorporate sundry persons by the name of the President, Directors and Company of the Coos Bank shall remain and continue to be in force for and during the term of twenty years from and after the first day of January, 1824, during which term the said corpora- tion shall continue and shall have and enjoy all the rights, privileges and immunities granted to it by said act which are not inconsistent with this act, and shall be subject to all the liabilities mentioned and provided in and by said act not inconsistent with the provisions of this Act.

Sec. 2. And be it further enacted that the said Corporation shall not issue and have in circulation at any one time, bills, notes, or obligations to a greater amount than the amount of the capital stock actually paid in at such time and then composing the capital stock of said Bank. And in case any Cashier, Director or other offic°r of said Bank at any time shall knowingly issue, or order, direct or cause to be issued and put into circulation, bills, notes or obligations

34 LAWS OF NEW HAMPSHIRE

of said Bank, which together with those before issued and then in circulation, shall exceea the amount of the capital stock of said Bank as aforesaid, such Cashier, Director or other officer, shall forfeit and pay a sum not exceeding ten thousand dollars and not less than one thousand dollars.

Sec. 3 And be it further enacted, that dividends may be made semiannually among the Stockholders of said Bank, of interest or profits actually received; but no part of the capital stock of said Bank, shall, either before or after the expiration of the time limited by this act for the continuance of said Corporation, be divided among or paid to the Stockholders- without the licence of the Legis- lature of this state therefor on penalty that any Cashier, Director or other officer who shall so divide or pay the same or order, direct or cause the same to be done, shall therefor forfeit and pay a sum not exceeding ten thousand dollars, nor less than one thousand dollars. Provided nevertheless that it shall be lawful for the Stockholders after having given one year's previous notice of their intention by advertisement in two newspapers published in this state and after payment of all outstanding debts due from said Bank, to make a division of the capital stock among themselves, and thereby dissolve said corporation.

Sect. 4. And be it further enacted, that the capital stock of said Bank, shall, for the purposes of this act, be taken and deemed to be one hundred thousand dollars, being the amount of sums actually paid into said Bank by the Stockholders and now composing the capital stock thereof, and in case of a diminution or loss of any portion thereof by reason of bad or desperate debts due to the Bank, or other means whatever, it shall be the duty of the Directors in their next annual return of the condition of said Bank by law re- quired to be made to the Governor and Council to state the amount of such diminution, or loss, and the cause thereof; and after such loss or diminution no dividend of interest or profit shall be made until such loss or diminution shall be replaced and supplied by assessments and actual payments by the stockholders or by appro- priation therefor of the interest and profits actually received.

Sec. 5. . And be it further enacted, that the Legislature shall at all times have the right, by any persons duly appointed for that pur- pose to examine into the state, condition and all the doings and transactions of said corporation and of its officers relating to the same, for which purpose all the books and papers of the corporation together with its money and securities for money shall be exhibited and submitted to the inspection and examination of such persons so to be appointed, and each officer of said corporation shall answer, on oath if required, all suitable and proper interrogatories relating to the state, condition or transactions of said Bank.

Sec. 6. And be it further enacted, that from and after the first day of January, Anno Domini, one thousand eight hundred and

LAWS OF NEW HAMPSHIRE 35

twenty two, the said Corporation shall in all cases be called and known by the name and style of the President, Directors & Com- pany of the Grafton Bank.

Sec. 7. And be it further enacted, that all penalties incurred under this act may be recovered by information or suit in the name of the State.

[CHAPTER 25.]

State of I

New Hampshire. \

An Act in addition to an act, entitled, "an act to incorpo- rate SUNDRY PERSONS BY THE NAME OF THE PRESIDENT, DI- RECTORS and Company of the Cheshire Bank."

[Approved June 28, 1821. Original Acts, vol. 27, p. 1 ; recorded Acts, vol. 22, p. 58. The act referred to is probably dated December 24, 1803, Laws of New Hampshire, vol. 7, p. 203. See additional acts of June 2j, 1827, post; June iq, 1844, Session Laws, June, 1844, Chap. 11=; and June 26, 1863, id., 1863, Chap. 2809.]

Section i. Be it enacted by the Senate and House of Repre- sentatives in General Court convened, That the said act, entitled "an act to incorporate sundry persons by the name of the President, Directors and Company of the Cheshire Bank," shall remain and continue to be in force for and during the term of twenty years from and after the first day of March which will be in the year of our Lord one thousand eight hundred and twenty four; during which term the said Corporation shall continue and shall have and enjoy all the rights, privileges and immunities granted to it in and by said act which are not inconsistent with this act, and shall be subject to all liabilities mentioned and provided in and by said act not incon- sistent with the provisions of this act.

Sec. 2. And be it further enacted. That the said Corporation shall not issue and have in circulation at any one time, bills, notes, or obligations to a greater amount than the amount of the capital stock actually paid in at such time and then composing the capital stock of said Bank; and in case anv cashier, director or other officer of said Bank shall at any time knowingly issue, or order, direct, or cause to be issued and put in circulation, bills, notes or obligations of said Bank, which, together with those before issued and then in circulation, shall exceed the amount of the capital stock of said Bank as aforesaid, such cashier, director or other officer shall for- feit and pay a sum not exceeding ten thousand dollars nor less than one thousand dollars.

Sec. 3. And be it further enacted, That dividends mav be made semiannually among the stockholders of said Bank of interest or

36 LAWS OF NEW HAMPSHIRE

profits actually received, but no -part of the capital stock of said Bank shall, either before or after the expiration of the time limited by this act for the continuance of said Corporation, be divided among or paid to the stockholders without the licence of the Legis- lature of this State therefor, on penalty that any cashier, director or other officer who shall so divide or pay the same, or order, direct, or cause the same to be done, shall therefor forfeit and pay a sum not exceeding ten thousand dollars nor less than one thousand dol- lars, Provided nevertheless, that it shall be lawful for the stock- holders, after having given one year's previous notice of their in- tention, by advertisement in two newspapers published in this State, and after payment of all outstanding debts due from said Bank, to make a division of the capital stock among themselves, and thereby dissolve said Corporation.

Sec. 4. And be it further enacted, That the capital stock of said Bank shall for the purposes of this act be taken and deemed to be one hundred thousand dollars, being the amount of the sums actually paid into said Bank by the stockholders and now compos- ing the capital stock thereof; and in case of a diminution or loss of any portion thereof by reason of bad or desperate debts due to the Bank, or other means whatever, it shall be the duty of the directors in their next annual return of the condition of said Bank by law required to be made to the Governor and Council, to state the amount of such diminution, or loss, and the cause thereof; and after such loss or diminution no dividend of interest or profits shall be made until such loss or diminution shall be replaced and supplied by assessments and actual payments by the stockholders, or by ap- propriations therefor of the interest or profits actually received.

Provided nevertheless, that the capital stock of said Bank may be increased by assessments and actual payments by the stockholders to any sum not exceeding in amount the sum limited by the original act of incorporation; and such payments shall thereupon be added to said one hundred thousand dollars, and the amount of both sums shall constitute the capital stock.

Sec. 5. And be it further enacted, That the Legislature shall at all times have the right by any persons duly appointed for that purpose to examine into the state and condition, and all the doings and transactions of said Corporation, and of its officers relating to the same; for which purpose all the books and papers of the Corpo- ration together with its money and securities for money shall be exhibited and submitted to the inspection and examination of such persons so to be appointed. And each officer of said Corporation shall answer on oath, if required, all suitable and proper interroga- tories relating to the state, condition or transactions of siid B?nk.

Sec. 6. And be it further enacted, That all penalties incurred under this act may be recovered by information or suit in the name of the State.

LAWS OF NEW HAMPSHIRE 37

[CHAPTER 26.]

State oj I

New Hampshire. \

An act to incorporate the first Baptist Musical Society in Sandbornton. —

[Approved June 29, 1821. Original Acts, vol. 27, p. 2; recorded Acts, vol. 22, p. 61.]

Section i. Be it enacted by the Senate and House of Repre- sentatives, in General Court convened, that John Carr, Simon Lane, Mark Smith, Jacob Smith and their associates, successors and as- signs, be and they are hereby made a body politic and corporate forever, by the name of "the first Baptist Musical Society in Sand- bornton", with all the powers, privileges and immunities incident to corporations of a similar nature with continuance and succession forever.

Section 2. And be it further enacted, that John Carr and Simon Lane, or either of them, may call the first meeting of said Corpora- tion, by posting up in two public places in said town, a notification of the time and place of said meeting, ten days at least, prior thereto; and that said society have liberty to establish such by laws as are necessary for the good regulation of said society, which are not repugnant to the constitution and the laws of this State.

[CHAPTER 27.]

State oj I

New Hampshire. \

An Act to establish a Literary fund to be collected from the several banking corporations within this State.

[Approved June 29, 1821. Original Acts, vol. 27, p. 3; recorded Acts, vol. 22, p. 62. Session Laws, 1821, Chap. 35. Laws, 1824 ed., p. no; id., 1830 ed., p. 324. Last section of this act repealed July 3, 1822, post. See acts of December 31, 1828, post; July 1, 1830, Session Laws, 1830, Chap. 29, and July 2, 1831, id., 1831, Chap. 44. Wholly repealed December 23, 1842. See Revised Statutes (1842), Chap. 230.]

Section 1. Be it enacted by the Senate and House of Repre- sentatives, in General Court convened ; that his Excellency the Gov- ernor, the Secretary, and the Treasurer of this State for the time being, be and they hereby are appointed commissioners to manage and Superintend a fund to be formed and constituted in the manner herein after prescribed, to be denominated the Literary Fund, which said Fund shall be for the sole use and purpose of endowing or sup-

38 LAWS OF NEW HAMPSHIRE

porting a College for Instruction in the higher branches of science and Literature, and to be appropriated to this purpose in the manner the Legislature of this State shall hereafter order and appoint; Pro- vided, said fund shall never be applied to the benefit of any institu- tion which is not under the direction and control of the State.

Section 2. Be it further enacted, that the commissioners afore- said be, and they hereby are authorized, empowered and directed to vest the several sums hereafter from time to time to be received by the Treasurer by virtue of this Act and the interest which may here- after accrue and be received on the same, in productive public stocks or other securities in the name of this State in the manner they shall deem most conducive to the interest of the same and shall prepare and lay a statement of the amount, condition and cir- cumstances of said Fund before the Legislature of this State on the second Wednesday of June annually —

Section 3. Be it further enacted, that from and after the first day of July Anno Domini 1822, no Banking corporation established or to be established under the authority of this State shall issue or put in circulation in any manner whatever any bills, notes or obli- gations made by said Corporation unless the same be stamped by the Treasurer of this State with some suitable and appropriate stamp to be approved by his Excellency the Governor which said stamp shall designate the year in which the same is used and ap- plied.— And it shall be the duty of the Treasurer any time in the month of June in each year to stamp all bills, notes or obligations presented to him for that purpose by any banking corporation established or to be established under the authority of this State; And said corporation shall pay to the Treasurer at or after the rate of Fifty dollars for every thousand dollars in bills, notes or obliga- tions, so stamped as aforesaid on the delivery of the same; Pro- vided nevertheless that the several and respective Banking-Corpo- rations aforesaid may be relieved and discharged from all the provisions of this Act by paying on the second Wednesday of June Annually to the Treasurer of this State one half of one per cent on the amount which shall at the time constitute the actual capital stock of said Bank; and in case any dispute shall arise respecting the amount of said Capital stock, the same, for the purposes of this Act, shall be determined by the commissioners aforesaid.

Section 4 Be it further enacted, that it shall be lawful for any Banking corporation to issue and circulate their bills, notes and obligations so stamped as aforesaid for one year from the first day of July next after the same shall be so stamped, and no longer unless the same shall be again stamped agreeably to the provisions of this act — And no banking corporation aforesaid shall issue or nut in circulation in any manner whatever within this State any bills, notes or obligations of any other banking corporations not stamped as aforesaid.

LAWS OF NEW HAMPSHIRE 39

Sec. 5. Be it further enacted, that any President, Director or other officer of any Banking Corporation, established or to be estab- lished as aforesaid, who shall knowingly issue or put in circulation, or cause to be issued or put in circulation in any manner whatever any bills, notes or obligations of any Banking Corporations as aforesaid contrary to the provisions of this Act he shall forfeit and pay a sum not exceeding five hundred dollars nor less than One hun- dred dollars to be recovered by suit or information in the name of the State and to be applied to increase the fund aforesaid.

Section 6. Be it further enacted, that the Treasurer of this State shall account to the Commissioners aforesaid for all sums which he may receive by virtue of this act.

Section 7. Be it further enacted, that the said fund is and shall continue to be pledged and appropriated to the endowment or sup- port of a College for instruction in the higher branches of science and literature in this State to be applied in such way and manner as the Legislature shall hereafter direct and shall not be disposed of or applied to any other use or purpose whatever; And that the said commissioners may accept receive and hold donations, bequests and devises of real and personal estate made by individuals for the increase of said fund which shall be deemed and taken to constitute a part thereof.

Section 8. Be it further enacted, that so much of the act, enti- tled an act to establish the rates at which polls and rateable estate shall be valued in making and assessing direct taxes as relates to the valuation and taxation of Bank shares be and the same is hereby repealed so far as relates to the future taxation of the shares of the owners of Bank Stock in any Banking Corporation established or to be established under the authoritv of this State.

[CHAPTER 28.]

State oj 1

New Hampshire. \

An act, regulating pedlars, hawkers and showmen.

[Approved June 29, 1821. Original Acts, vol. 27, p. 4; recorded Acts, vol. 22, p. 66. Session Laws, 1821, Chap. 31. Laws, 1824 ed., v. 113; id., 1830 ed., p. 328. Partly repealed by act of June 27, 1835, Session Laws, 1835, Chap. 205. " Wholly repealed December 23, 1842. See Revised Statutes (1842), Chap. 230.]

Sec. 1. Be it enacted, by the Senate and House of Representa- tives in General Court convened that from and after the first day of September next no person or persons shall exercise the business of a hawker or pedlar going from town, to town, or from place to place on foot, or with a horse, or horses, or otherwise carrying to

40 LAWS OF NEW HAMPSHIRE

sell, or exposing to sale any goods, wares or merchandize within this State, without licence first had and obtained from the Justices of the court of sessions, who are hereby empowered to grant such licence for a term not exceeding one year; Provided the person making such application shall produce to said Court satisfactory evidence that he sustains a good moral character, which evidence shall be in writing and filed in said Court; and the licence, if granted, shall be recorded by the Clerk among the records of said Court, and a certified copy of said record shall be delivered to and kept by the person licenced.

Sec. 2. And be it further enacted, that for every person, who obtains licence as aforesaid there shall be paid to the Treasurer of the County where such licence is granted for the use thereof, twelve dollars, which shall be by said Treasurer certified on said licence before the same shall be of any avail.

Sec. 3. And be it further enacted, that if any person shall ex- ercise the business of a Hawker or Pedlar within this State without a licence therefor as is herein before provided or shall while pur- suing such business, refuse to show such licence for examination to any citizen of this State, to whom such pedlar shall offer to sell any of his goods, wares or merchandize, if thereto requested, such person shall for either of the offences aforesaid forfeit and pay a sum not less than ten dollars, nor more than fifty dollars.

Sec. 4. And be it further enacted, that any Justice of the Peace on complaint made to him of any such offence may issue his warrant against the person complained against and order him to recognize with sufficient surety or sureties to answer the complaint aforesaid before the Justices of the Superior Court next to be held in the County where said offence was committed; and the offences afore- said may be prosecuted by indictment before said Court — And the penalties aforesaid shall be one half to and for the use of the County where the offence may be committed and the other half to and for the use of the complainant.

Sec 5. And be it further enacted, that the person obtaining said licence shall pay to the Clerk of said Court for all his fees in relation thereto the sum of one dollar.

Sec. 6. And be it further enacted, that all showmen, tumblers, rope dancers, ventriloquists, or other persons, who shall for pay, exhibit any animals, wax figures, puppets, or any extraordinary feats of agility of body or slight of hand, rope-dancing, or perform- ing feats with cards, within any town within this State shall before any such exhibition or performance, procure from the Selectmen of such Town a licence for that purpose, which licence shall specify the number of days or number of times such person or persons are allowed to perform or exhibit in said Town.

Sec. 7 And be it further enacted, that for every licence granted as aforesaid, there shall be paid to the Selectmen for the use of said

LAWS OF NEW HAMPSHIRE 41

Town by the person or persons obtaining the same a sum not less than three dollars, nor more than thirty dollars.

Sec. 8. And be it further enacted, that if any person or persons shall exhibit any shows or perform any feats without licence and contrary to the provisions of the sixth and seventh sections of this act he, she, or they shall, for every such offence, upon conviction thereof forfeit and pay a sum not less than ten dollars nor more than thirty dollars with costs of prosecution.

Sec. 9. And be it further enacted, that any Justice of the Peace on complaint made to him of any such offence may issue his warrant against the person complained against and order him to recognize with sufficient surety or sureties to answer the complaint aforesaid before the Justices of the Superior Court next to be held in the county where said offence was committed. — And said offence may be prosecuted by indictment before said Court — And the penalties aforesaid shall be one half to and for the use of the County where the offence was committed and the other half to and for the use of the complainant.

Sec. 10 And be it further enacted, that all offences against this act, shall be prosecuted within one year next after the offence shall have been committed.

Sec. ir And be it further enacted, that nothing herein before mentioned shall extend to prevent any person from selling or ex- posing to sale any articles the growth, produce or manufacture of the United States, except feathers, distilled spirits, playing cards, Lottery tickets, and Jewelry.

[CHAPTER 29.]

State oj \

New Hampshire. \

An act, for ceding to the United States a place called sunken rocks, in portsmouth harbor.

[Approved June 29, 1821. Original Acts, vol. 27, p. 5; recorded Acts, vol. 22, p. 69. Session Laws, 1821, Chap. 33. Laws, 1824 ed., p. 205; id., 1830 ed., p. 41.]

Section 1. Be it enacted, by the Senate and House of Repre- sentatives in General Court convened, that so much of a certain ledge of rocks known and called by the name of Sunken rocks, being below low water mark in Portsmouth Harbor, as shall hereafter be covered by a pier or beacon, at the expense of the United States, not exceeding one hundred feet square, be, and the same hereby is ceded and vested in the United States, with all the jurisdiction thereof, which is not reserved by this act.

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Sec. 2. Provided nevertheless, and be it further enacted, that all writs, warrants, executions, and all other processes of every kind, both civil and criminal, issuing under the authority of this State, or any officer thereof, may be served and executed on any part of said territory, or any pier, or beacon, or building which may be erected thereon, in the same way and manner, as though this Act had not been passed.

[CHAPTER 30.]

State oj 2 New Hampshire. \

An Act, to incorporate certain persons by the name of "The Pembroke Sacred music Society. —

[Approved June 29, 1821. Original Acts, vol. zy, p. 6; recorded Acts, vol. 22, p. 70.]

Whereas Sacred Music is a religious ordinance of divine appoint- ment and of salutary influence upon public morals, and whereas an association of counsel and of talents tends to bring this delightful part of the worship of Jehovah to a higher state of improvement;

Sec. 1. Be it therefore enacted, by the Senate and House of Representatives, in General Court convened, that Josiah Kittredge, William Bayley William Haseltine their associates, and such as may hereafter become members of said society, be and they hereby are made a corporation by the name of the Pembroke Sacred music society, and by that name may sue and be sued, defend and de- fended, and be known and distinguished in their acts and pro- ceedings in all cases whatever, and shall be and hereby are vested with all such powers and privileges as are enjoyed by corporations of a similar nature.

Sec. 2. And be it further enacted, that Josiah Kittredge, and William Bayley or either of them may call the first meeting of said society at any suitable time and place in said Pembroke by posting up a notification for that purpose at the South meeting house therein at least fifteen days prior to said meeting, at which, the members thereof shall choose a Clerk and such other officers as they may think proper, shall agree on a method of calling further meetings, and the time of their annual meeting, and at the same or any sub- sequent stated meeting, may establish rules and by laws for their regulation and government, and may order such assessments, as they may think just and reasonable.

Sec. 3. And be it further enacted, that said society may receive, hold and enjoy by gift, grant or otherwise personal estate to any

LAWS OF NEW HAMPSHIRE 43

amount not exceeding one thousand dollars; And the same may be appropriated to such purposes as are consistent with the end and design of the institution of said society and as the members shall determine.

[CHAPTER 31.]

State of I

New Hampshire. \

An act to incorporate sundry persons by the name of the Union Aqueduct in the town of Portsmouth.

[Approved June 29, 1821. Original Acts, vol. 27, p. 7; recorded Acts, vol. 22, p. 71.]

Sect. 1. Be it enacted by the Senate and House of Representa- tives, in General Court convened, that Henry Ladd, Robert Rice, John Haven, Alexander Ladd, John Hill, Isaac Waldron, and their associates, successors and assigns be and they are hereby incor- porated a body politic and corporate by the name of the Union Aqueduct for the purpose of bringing fresh water into any place or places in the town of Portsmouth by subterraneous pipes or tubes; and the corporation by the name aforesaid shall be capable of holding real estate to the amount of two thousand dollars, with all other powers and privileges and subject to all the liabilities in- cident to corporations of a similar nature.

Sect. 2. And be it further enacted, that either of the persons named in the first section of this Act may call the first meeting of said corporation by advertisement in some newspaper printed in the town of Portsmouth giving at least seven days notice of the time and place of such meeting and the corporation by a vote of a majority of those present at such meeting shall choose a Clerk, and at the same or any subsequent meeting, may elect such other officers and make and establish all such by laws, rules and regulations as may be deemed necessary for the government of said corporation and for carrying into effect the objects of the same; provided the said by laws, rules and regulations be not repugnant to the constitution and laws of this State.

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[CHAPTER 32.]

State of I

New Hampshire. \

An Act to disannex a part of the town of Newington and annex the same to the town of portsmouth.

[Approved June 29, 1821. Original Acts, vol. 27, p. 8; recorded Acts, vol. 22, p. 73.]

Whereas John N. Sherburne, Benjamin Millar and Charles Hodg- don have petitioned the General Court, representing the incon- veniences to which they are subjected as inhabitants of Newington, and praying to be annexed to the town of Portsmouth; and it ap- pearing reasonable that their request be granted:

Therefore,

Be it enacted by the Senate and House of Representatives in General Court convened, that the several lots of land owned by the said John N. Sherburne, Benjamin Millar and Charles Hodgdon, situate on the easterly and westerly sides of the road leading from Portsmouth to Piscataqua bridge, containing in all about eighty acres, bounded on the north by lands of Richard Pickering and the heirs of Samuel Thompson, on the east by Robert Ham, on the south by said Ham and Dennet's lane, so called, and on the west by Samuel Elliot's land, with all the inhabitants living on said lots of land, now constituting a part of the town of Newington, be, and the same hereby are disannexed from said town of Newington and annexed to the town of Portsmouth, and that said lots of land and inhabitants thereon be considered and hereafter made to constitute a part of said town of Portsmouth: Provided however that this act shall not be considered as exempting said lots of land and inhabi- tants from the payment of all or any such taxes as have been le- gally assessed upon them by said town of Newington.

[CHAPTER 33.]

State of )

New Hampshire. \

AN ACT, TO INCORPORATE GlDEON WALKER AND OTHERS BY THE NAME OF THE PORTSMOUTH MILL COMPANY,

[Approved June 29, 1821. Original Acts, vol. 27, p. 9; recorded Acts, vol. 22, p. 74.]

Whereas Gideon Walker and the persons herein after named, have associated for the purpose of improving the water privilege on the North mill pond in said Portsmouth, and whereas the said Gideon

LAWS OF NEW HAMPSHIRE 45

Walker hath already erected divers mills and machines on said water privilege, at great pains and expense, which he is willing to convey- to said association; and whereas the object of said association is of public utility, as well as of great advantage to those more immedi- ately concerned therein, and ought therefore to be encouraged; Therefore,

Sec. i. Be it enacted by the Senate and House of Representa- tives, in General Court convened, that Gideon Walker, Mark Leigh- ton, Ephraim Dennett with their associates and such other persons as shall from time to time be admitted members of said association, according to the rules which may be established by the by-laws of the corporation, be and they are hereby created a body politic and corporate by the name of the Portsmouth Mill Company, for the purpose of erecting continuing and managing in their corporate capacity within the said town of Portsmouth all such mills and machines as are moved by water power, and also for the purpose of buying, selling and manufacturing grain and wool, and other materials necessary for the use and employment of their said mills — with all the powers, privileges and liabilities incident to cor- porations of this nature. And the said Corporation may hold, pos- sess and enjoy, and use and employ for the purposes aforesaid, real and personal estate not exceeding the sum of thirty thousand dollars.

Sec. 2. And be it further enacted, that the said Corporation shall have full power and authority to determine at what times and places their meetings shall be holden, and on the manner of notifying the members to convene at said meetings, and they shall have power to elect from among the Proprietors such officers with such powers as they shall judge expedient, And also further to ordain and enact any by laws for the due government of the said corporation and the management of its affairs; provided the same be not repugnant to the constitution and laws of this State.

Sec. 3. And be it further enacted, that the payment of all as- sessments and fines duly levied by the members of said corporation agreeably to the by laws thereof may be enforced either by action at law or by sale of the delinquent's share or shares and his conse- quent exclusion from the corporation as shall be pointed out by the by laws

Sec 4. And be it further enacted, that the said Gideon Walker shall call the first meeting of this Corporation by giving notice thereof by advertisement in one of the Newspapers printed in said Portsmouth.

Sec 5. And be it further enacted, that this act shall continue in force thirty years from the passing of the same.

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[CHAPTER 34.]

State oj I

New Hampshire. )

An act, to incorporate the Dublin musical society.

[Approved June 29, 1821. Original Acts, vol. 27, p. 10; recorded Acts, vol. 22, p. 76.]

Section 1. Be it enacted by the Senate and House of Repre- sentatives, in General Court convened, that Samuel Fisher, Cyrus Mason, Nahum Warren, Franklin Wait, John Morse 2nd, Joseph Richardson, Jeremiah Greenwood, Joshua Greenwood, Samuel Alli- son and David Townsend, and their associates and successors be and they are hereby created and made a body corporate and politic forever, by the name of the Dublin musical society, and by that name may sue and be sued, plead and be impleaded, defend and be defended to final judgment and execution; and may make, have and use a common seal, and the same may alter and renew at pleasure — And may have and possess all the rights, privileges and immunities incident to corporations of a similar nature.

Section 2. And be it further enacted, that Samuel Fisher, Cyrus Mason, and Nahum Warren or either two of them are hereby authorized to call the first meeting of said Corporation by giving three weeks notice thereof in writing to be posted up in one or more public places in said Dublin, at which meeting the said cor- poration may make such rules and enact such by laws as they shall think proper; provided such rules and by laws be not repugnant to the constitution and laws of this State.

[CHAPTER 35.]

State oj )

New Hampshire. (

An act, to enforce the payment of bills and notes issued by banking companies. —

[Approved June 29, 1821. Original Acts, vol. 27, p. 11; recorded Acts, vol. 22. p. 77. Session Laws, 1821, Chap. 34. Laws, 1824 ed., p. no; id., 1830 ed.. p. 133. See act of July 5, 1837, Session Laws, 1837, Chap. 321. Repealed December 23, 1842. See Revised Statutes (1842), Chap. 230.]

Sec. 1. Be it enacted by the Senate and House of Representa- tives, in General Court convened, that if any Banking company, in- corporated by the authority of this State, shall neglect or refuse to pay any bill or note made and issued by such banking company, when duly demanded, the holder of such bill or note shall be entitled

LAWS OF NEW HAMPSHIRE 47

to and allowed interest thereon at the rate of two per centum, for each month, to be computed from the time of such demand.

Sec. 2. And be it further enacted, that the several banking cor- porations in this State, shall be liable to pay to any bona fide holder the original amount of any note or notes of said Banks altered in the course of their circulation to a larger amount, notwithstanding such alteration.

Sec 3. And be it further enacted, that all committees appointed by the Legislature for the purpose of examining into the state and condition of any banking corporation in this state, shall be paid a reasonable compensation therefor by said Corporation.

[CHAPTER 36.]

State of \

New Hampshire. \

An Act, requiring certain persons to account to the Adju- tant General and vesting certain powers in that officer.

[Approved June 29, 1821. Original Acts, vol. 27, p. 12; recorded Acts, vol. 22, p. 78. Session Laws, 1821, Chap. 30. Laws, 1824 ed., p. 88. See acts of December 22, 1820, Laws of New Hampshire, vol. 8, p. 955; June 27, 1821, ante, p. 23; July 2, 1822, July 3, 1822, and July 12, 1824, post. Re- pealed by act of January 2, 1829, post.]

Sec. 1. Be it enacted, by the Senate and House of Representa- tives, in General Court convened, that where Colonels of Regiments or any other person or persons have received from the late Adjutant General of this State, any money appropriated for music money or for the annual allowance of Artillery Companies and have neglected to pay over the same to the Captains or commanding officers of the several companies for whom such money was intended; or where any person or persons have received from this State any money ap- propriated for building gunhouses and have not applied the same to that purpose, every such person or persons shall account for the money, so by them received, to the present Adjutant General of this State and shall pay over the same to him.

Sec. 2. Be it further enacted, that the Adjutant General be and he hereby is authorized, empowered and directed to require of all persons who have received money as aforesaid, to render an account to him of the same; and in case the said money be not paid over to the captains or commanding officers of Companies before the pass- ing of this act, to require every such person or persons to pay the same to him.

Sec. 3. Be it further enacted, that if any person or persons shall neglect or refuse to pay over to the Adjutant General any money received by them as aforesaid and remaining in their hands, the said Adjutant General is hereby authorized and empowered to sue for

48 LAWS OF NEW HAMPSHIRE

and recover the same with costs, in an action for money had and received in the name of this State. — And the defendant shall be held to show that he has paid over the money so by him received to the several Captains or Commanding officers of Companies for whom it was intended, or has appropriated the money to the purpose for which it was intended.

Sec. 4. Be it further enacted, that it shall be the duty of the late Adjutant General to deliver to the present Adjutant General all receipts and vouchers which he has taken of any person or persons for the money aforesaid; and also all books, maps, charts and other papers belonging to the Adjutant General's office —

Sec. 5. Be it further enacted, that where any officer or officers, person or persons have heretofore received from this State any mil- itary books, papers or other property, and on resigning their com- missions have retained the same, every such person or persons shall account for and deliver the same to the Adjutant General or his order. — And the Adjutant General is hereby authorized and empow- ered to sue for and recover all such books, papers and property in an action in the name of this State.

Sec. 6. Be it further enacted, that the Adjutant General be and he hereby is authorized and empowered to examine into any and all cases of omission or neglect to make the returns required by the militia law of December last and to report a statement of facts to the commander in Chief; And if, in the opinion of the com- mander in Chief, said omissions or neglect arose from circumstances which ought to excuse the person or persons so omitting or neglect- ing from paying said fines and penalties he may direct the Adjutant General to omit to prosecute or suspend indefinitely any prosecution or prosecutions which may have been commenced.

Sec. 7. Be it further enacted, that the Adjutant General shall account to the State for all monies and fines by him received under this Act.

[CHAPTER 37.]

State of )

New Hampshire. \

An act in addition to an act, ENTITLED aAN act to incorporate certain persons by the name of the proprietors of the "Washington Library."

[Approved June 29, 1821. Original Acts. vol. 27, p. 13; recorded Acts, vol. 22. n. 81. The act referred to is dated June 16, i8n. Laws of New Hampshire, vol. 8, p. 224. See additional act of June 27, 1822, post.]

Sec 1. Be it enacted by the Senate and House of Representa- tives, in General Court convened, That all that part of the third

LAWS OF NEW HAMPSHIRE 49

section of the aforesaid act which is in the following words, to wit. "which stock shall in nowise be raised by assessment, but by volun- tary contribution, which, agreeable to the petition of the proprietors shall not be transferable, or descend to the heirs of the proprietors, but constitute a permanent fund of information for those who are or may become associates and proprietors in the same — " and the whole of the fourth section of said act, be, and the same is hereby repealed.

Sec. 2. And be it further enacted, That the proprietors of said Library, at any annual meeting, may divide their joint stock into any number of shares, not exceeding fifty, and may issue certificates to the holders thereof, numbered in progressive order, beginning with number one, and signed by the Librarian, and may agree on the manner of transferring them — All elections and other questions may be determined by a majority of votes, accounting and allowing one vote to each share; and absent proprietors may vote by proxy, being authorized thereto in writing signed by the person represented and filed with the Librarian.

Sec. 3. And be it further enacted, That said proprietors may at any annual meeting, but at no other time, assess such sum as they may deem proper, not exceeding one dollar on each share; may fix the time of its payment, ai?d may collect and apply the same to promote the beneficial purpose^ mtended by the act to which this is in addition; and in case of the non-payment of such assessment for the space of thirty days after the same shall have become due and payable, may deprive the owner of such delinquent share or shares of the privilege of said Library until the same shall have been paid.

[CHAPTER 38.]

State of )

New Hampshire. \

An act, to change the names of the persons therein men- tioned.

[Approved June 29, 1821. Original Acts, vol. 27, p. 14; recorded Acts, vol. 22, p. 82.]

Sec. 1. Be it enacted by the Senate and House of Representa- tives, in General Court convened, that William Cotton of Wolf- borough shall be allowed to take the name of William Weston; that Robert Nelson, Junior, of Lyman may take the name of Robert Gray Nelson; that Joseph Neele of Tamworth may take the name of John Paine; that Samuel Leathers of Bethlehem may take the name of Samuel Leighton; that Squire Willey of Swanzey, may take the name of George Willey; that Charles Heald, the adopted child

50 LAWS OF NEW HAMPSHIRE

of Moses Dodge of Peterborough, may take the name of Charles Dodge; that James Lamper of Barnstead, may take the name of James Bunker, and that Mary Ann Lamper, daughter of said James, may take the name of Mary Ann Bunker.

Sec. 2. And be it further enacted, that from and after the pass- ing of this act, the several persons herein before named shall be known and called by the names, which, by this act, they are respec- tively allowed to take and assume as aforesaid : And that said names shall forever hereafter be considered as their only proper and legal names to all intents and purposes.

[CHAPTER 39.]

State oj }

New Hampshire. \

An Act to alter the name of the Pembroke Cotton and Wool- len Factory

[Approved June 29, 1821. Original Acts, vol. 27, p. 15; recorded Acts, vol. 22, p. 83. See act of incorporation dated June 19, 1810, Laws of New Hampshire, vol. 7, p. 882.]

Be it enacted by the Senate and House of Representatives in General Court convened —

That the Corporation called and known by the name of the Pem- broke Cotton & Woollen Factory shall from and after the passing of this Act, be called and known by the name of the Suncook Cotton & Woollen Factory in all judicial and other proceedings and by no other name.

[CHAPTER 40.]

State of New Hampshire.

An act, to exempt from taxation certain estate at Little's falls for a term of years.

[Approved June 29, 1821. Original Acts, vol. 27, p. 16; recorded Acts, vol. 22, p. 84.]

Sec. 1. Be it enacted by the Senate and House of Representa- tives, in General Court convened, that any mill or mills which shall be erected near Little's falls, so called, on Pemigewasset river to op- erate by the waters of said — river together with the mill sites, water privileges, machinery, gear and furniture affixed or appertaining to said mills, whether the same be real or personal property, be and they are hereby exempted from taxation for and during the term of

LAWS OF NEW HAMPSHIRE 51

five years from and after the same shall have been in operation — But this act shall not exempt from taxation any stock or articles manufactured at said mills.

Sec. 2. Be it further enacted, that the Town where mills are to be built, on any of the mill sites aforesaid, may, by vote at a legal meeting duly notified for the purpose, exempt from taxation, such mills, mill sites, water privileges, machinery, gear and furniture, for a further term not exceeding fifteen years on such conditions as may be stipulated.

[CHAPTER 41.]

State of I

New Hampshire. \

An Act to incorporate certain persons by the name of the Hillsborough Academy.

[Approved June 29, 1821. Original Acts, vol. 27, p. 17; recorded Acts, vol. 22, p. 85.]

Section 1. Be it enacted by the Senate and House of Repre- sentatives, in General Court convened, that Benjamin Pierce, John McNeil Junior, John Burnham, and their associates and successors be and they hereby are incorporated and made a body politic under the name of the Hillsborough Academy, and by that name may sue, and prosecute, and be sued and prosecuted to final judgement and execution, and shall have and enjoy all the powers and privileges, which by law are incident to corporations of a similar nature.

Section 2'1, And be it further enacted, that the said Corporation may establish an Academy in Hillsborough for the instruction and education of youth, and erect and maintain suitable buildings there- for, and may purchase and receive by donation, and hold personal and real estate of any kind not exceeding ten thousand dollars in value

Section 3d And be it further enacted, that the Corporation at any meeting duly holden, may make such rules, regulations and bye laws, for the management of the interests and concerns of said Institution, and appoint such and so many officers as they shall think proper, and prescribe their powers and duties, provided said rules & regulations are not repugnant to the Laws and Constitution of this State.

Section 4th And be it further enacted, that the said Benjamin Pierce shall by an advertisement published in the Hillsborough Tel- egraph printed at Amherst call the first meeting to be holden at a suitable time, and place in said Town of Hillsborough, when the manner of holding future meetings may be regulated, and any busi- ness relating to said Corporation transacted.

52 LAWS OF NEW HAMPSHIRE

[CHAPTER 42.]

State oj I

New Hampshire. \

An act, in addition to an act, entitled "an act for the main- tenance OF BASTARD CHILDREN" PASSED FEBRUARY II. 1791.

[Approved June 29, 1821. Original Acts, vol. 27, p. 18; recorded Acts, vol. 22, p. 86. Session Laws, 1821, Chap. 32. Laws, 1824 ed., p. 115. The act referred to is printed in Laws of New Hampshire, vol. 5, p. 666. See act of June 30, 1821, post. Repealed by act of June 28, 1827, post.]

Sec. 1. Be it enacted by the Senate and House of Representa- tives, in General Court convened, that no release or discharge given by the mother to the reputed father of any illegitimate child, touch- ing the cause of any prosecution under the act, to which this is in addition, and no agreement, compromise or settlement of said prose- cution, made by and between the said father and mother of said child without the consent, given in writing, signed by the Select- men or Overseers of the poor, or the major part of them, of the town by law chargeable with the maintenance of said child, shall be of any avail to discharge, defeat or in any way affect said prose- cution

[CHAPTER 43.]

State of ') New Hampshire. \

An Act to incorporate sundry persons by the name of "The proprietors of the central bridge in conway."

[Approved June 29, 1821. Original Acts, vol. 27. p. iq; recorded Acts, vol. 22, p. 87. Session Laws, 1821, Chap. 37. See act of December 16, 1808, Laws of New Hampshire, vol. 7, p. 725.]

Section i. Be it enacted by the Senate and House of Repre- sentatives, in General Court convened, that Thomas F. Odell, Zara Cutler, Benjamin Osgood and their associates, and those that may hereafter become associates in the said bridge, their successors and assigns, shall be and hereby are created and made a corporation and body politick by the name of "The Proprietors of the Central Bridge in Conway," for and during the term of twenty vears from the first day of July 1821, and by that name shall be and hereby are made capable in law to sue and be sued, plead and be impleaded, defend and be defended to final judgment and execution, and may have and use a common seal, and the same may alter at pleasure.

LAWS OF NEW HAMPSHIRE 53

Sec. 2. And be it further enacted, that the said Corporation may erect and maintain a bridge across Saco river in said Conway at any place within a half mile above or below Odell's falls, so called, and may purchase and hold lands near said Bridge, sufficient for the building a Toll house, and such other buildings as shall by the said Corporation be considered necessary for the purposes of this act.

Sec. 3. And be it further enacted, that either two of the above named proprietors may call the first meeting of said Corporation to be holden at Conway in the county of Strafford at any suitable time and place by posting up at two public places in said Conway notifica- tions by them signed thirty days before such meeting — And at said meeting the proprietors by a majority of those present may choose a Clerk, who shall be sworn faithfully to discharge his duty, — and at the same or any subsequent meeting may choose such other offi- cers as they may deem expedient, and may establish such By-Laws, rules and regulations as shall be thought necessary for regulating and governing said Corporation and for completing the purposes of this act. Provided said By Laws, be not repugnant to the Con- stitution and Laws of this state.

Sect. 4. And be it further enacted, that at all meetings of said Corporation all questions shall be determined by a majority of the votes of the proprietors present or represented, allowing one vote for each share — And all representations at any meeting of said corporation shall be proved in writing signed by the person to be represented which shall be filed by the Clerk; And this Act, and all By Laws, rules, regulations and proceedings of said Corporation shall be fairly recorded by the Clerk in a book or books to be kept for that purpose.

Sec. 5. And be it further enacted, that the mode of conveyance of shares or interest in said Corporation shall be by deed duly ex- ecuted and acknowledged, and recorded by the Clerk in the books of said Corporation, and the fees to be paid to the Clerk for this service shall be the same as are established by law for the Registers of deeds in this State.

Sec. 6. And be it further enacted, that when any tax or assess- ment may be made on the shares of the proprietors, for the carrying into effect the purposes of this act, the share or shares of delinquent proprietors may be sold at public auction, and if any overplus re- main after paying the tax or assessment on such shares and charges, it shall be deposited with the clerk or treasurer of said Corporation to be delivered to the proprietor whose share or shares may have been sold, or to his Agent duly authorized to receive the same.

Sect. 7. And be it further enacted, that said Corporation may demand and recover the following toll of every person travelling on said Bridge, according to the rates following; viz. for each foot passenger one cent; for each horse and rider four cents; for every chaise chair, sulkey or other two wheeled carriage of pleasure drawn

54 LAWS OF NEW HAMPSHIRE

by one horse eight cents; for each additional horse three cents; for every chariot phaeton or other four wheeled carriage of pleasure fifteen cents; and for each additional horse three cents; for every sleigh drawn by one horse four cents; for each sleigh drawn by more than one horse two cents, and for each additional horse two cents; for each carriage of burthen drawn by one beast four cents; and two cents for each additional beast; for each horse or neat creature othan than those rode on, or in carriages one cent; for each sheep or swine one fourth of a cent — And to each team one person only shall be allowed to pass free of toll; and at all times when the toll- gatherer does not attend his duty, the gate shall be left open.

Sect. 8. And be it further enacted, that said corporation shall be answerable for all damages sustained through insufficiency or want of repair in said Bridge and may be indicted and fined as Towns are by law for suffering Bridges to be out of repair.

Provided, that if said Bridge shall not be completed within four years from and after passing this act every section and clause of the same shall be null and void.

[CHAPTER 44.]

State of I

New Hampshire. \

An act regulating the fees of witnesses in prosecutions against towns for neglect in making or repairing high- ways and bridges.

[Approved June 29, 1821. Original Acts, vol. 27, p. 20; recorded Acts, vol. 22, p. 90. Session Laws, 1821, Chap. 36. Laws, 1824 ed., p. 101.]

Be it enacted by the Senate and House of Representatives, in General Court convened, that no fees shall be taxed for witnesses in prosecutions against a town for neglect in making or repairing highways or bridges hereafter to be instituted, unless such witness shall have attended as a witness in such prosecution, for which he claims fees, by direction of the Attorney General, or Solicitor of the County where the prosecution may be.

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[CHAPTER 45.]

State of I

New Hampshire. \

An act for apprehending offenders in any County-

[Approved June 30, 1821. Original Acts, vol. 27, p. 21; recorded Acts, vol. 22, p. 91. Session Laws, 1821, Chap. 49. Laws, 1824 ed., p. 115; id., 1830 ed., p. 156. See act of June 29, 1821, ante, p. 52. Repealed December 23, 1842. See Revised Statutes (1842), Chap. 230.]

Be it enacted, by the Senate and House of Representatives in General Court convened, that whenever a warrant against any per- son shall be duly issued by a Justice of the peace within this State, for any supposed offence, committed within his county, or in pur- suance of the provisions of law for the maintenance of bastard chil- dren, and the person complained of shall either before or after the issuing of such warrant escape or go out of the said County, the Sheriff, or any deputy Sheriff thereof, or the constable of any town to whom the said warrant shall be directed, shall have power and authority to pursue the person complained of, and to apprehend him in any county in this State, and him carry before some Justice of the peace within the county in which he shall be so apprehended for examination; and if it shall appear to said Justice, that the said warrant was duly issued and that such offender had escaped as aforesaid, he shall send, by warrant directed to such sheriff, deputy sheriff, or constable, such offender into the county in which the war- rant issued, that such proceedings may there be had, as the law shall require.

[CHAPTER 46.]

State of I

New Hampshire. \

An act empowering the Selectmen and Firewards of the town of Portsmouth to appoint additional fire engine

MEN.

[Approved June 30, 1821. Original Acts, vol. 27, p. 22; recorded Acts, vol. 22, p. 92. Session Laws, 182 1, Chap. 52. Laws, 1824 ed., p. 85. See act of June 23, 1814, Laws of New Hampshire, vol. 8, p. 353. Repealed December 16, 1828, post.']

Sec. 1. Be it enacted by the Senate and House of Representa- tives, in General Court convened, that the Selectmen and Firewards of the Town of Portsmouth be and they hereby are authorized and empowered to appoint'an additional number of fire engine men to such engines in said town as in their opinion require a greater num-

56 LAWS OF NEW HAMPSHIRE

ber of men than eighteen to work them, not exceeding six additional men to each such engine — and a certificate signed by a majority of the said Selectmen and Firewards shall exempt the persons so appointed from military duty in the same way and manner as is provided in the fifth section of the militia law of December A.D. 1820.

[CHAPTER 47.]

State of I

Neiv Hampshire. \

An Act to incorporate the members of the Franklin Liter- ary Society, in Northfield.

[Approved June 30, 1821. Original Acts, vol. 27, p. 23; recorded Acts, vol. 22, p. 93. By act of July 2, 1823, post, the name of this society was changed to Franklin Literary Society of Sanbornton Academy.]

Section 1. Be it enacted by the Senate and House of Repre- sentatives, in General Court convened, That Obadiah Elkins Dur- gin, James B. Abbott, Thederick T. Orne, John P. Tilton, their associates and successors, be, and they are hereby incorporated by the name of the Franklin Literary Society; in Northfield and by that name may sue and be sued, and be known and distinguished in all their acts and proceedings; and hereby are vested with the powers and privileges which similar associations are entitled to possess and enjoy.

Sec. 2. And be it further enacted, That the said Obadiah E. Durgin may call the first meeting of said Society at any suitable time and place by giving to the members thereof at least ten days' per- sonal notice, or by notification posted in Northfield and Sandborn- ton at the places most likely to give information to all concerned at least fifteen days before said meeting: at which the members of said Society shall choose a Librarian, and agree on the manner of calling future meetings and the time of holding their annual meetings: and at the same or at any subsequent meeting may choose all necessary officers; pass by-laws; order assessments; fix the time of payment and prescribe the manner of collecting them, and do and transact any business in relation to and for the promotion of the beneficial purposes contemplated by this association.

Sec. 3. And be it further enacted, That said Society may receive and hold by purchase, gift, or otherwise, personal estate to any amount, not exceeding one thousand dollars; and the same may expend in procuring books, maps, and whatever else may promote the advancement of science and literature, and tend to the diffusion of useful knowlege among the members thereof.

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[CHAPTER 48.]

State of I

New Hampshire. \

An act, to prevent the destruction of beavers, minks musk

RATS, AND OTTERS.

[Approved June 30, 1821. Original Acts, vol. 27, p. 24; recorded Acts, vol. 22, p. 95. Session Laws, 1821, Chap. 50. Laws, 1824 ed., p. 126; id., 1830 ed., p. 330. Repealed December 23, 1842. See Revised Statutes (1842), Chap. 230.]

Whereas the fur of the beaver, mink, muskrat and otter is of great value in the manufacture of hats and for shipping when taken in the winter and early in the spring; and whereas many of these val- uable animals are taken and destroyed in the summer and fall season, when their fur is unfit for hatting, and of little value for the purpose of shipping — Therefore,

Sec. 1. Be it enacted by the Senate and House of Representa- tives in General Court convened that any person or persons who shall, at any time between the thirtieth day of May and the first day of November, in any year after the passing of this Act, by shoot- ing trapping or otherwise, kill or destroy any beaver, mink, musk- rat or otter shall forfeit and pay for every mink or muskrat so killed or destroyed within the time aforesaid one dollar, and for every otter or beaver the sum of five dollars; to be recovered with costs of suit before any justice of the Peace for the County wherein the offence was committed by any person who will sue therefor; And the forfeiture so recovered shall be for the use of the person suing for the same. And any trap that may be found set within the time aforesaid for the purpose of catching any of said Animals shall be forfeited to the person finding it —

Sec. 2. And be it further enacted, that this Act shall take effect from and after the first day of September next.

[CHAPTER 49.]

State of )

New Hampshire. \

An Act, for the relief of persons imprisoned for neglect of Military duty.

[Approved June 30, 1821. Original Acts, vol. 27, p. 25: recorded Acts, vol. 22, p. 96. Session Laws, 1821, Chap. 51. Repealed January 2, 1829, post.]

Sec. 1. Be it enacted by the Senate and House of Representa- tives, in General Court convened, that any person, who now is, or

-58 LAWS OF NEW HAMPSHIRE

hereafter shall be committed to prison on execution issued on a judgment rendered in any action for the neglect of military duty, and who shall have remained a prisoner for and during the term of thirty days, shall be admitted to take the oath, by law prescribed for poor debtors, and shall have the liberty of the Jail yard, and be discharged in the same way and manner as if such execution had issued on a judgment recovered in an action of debt, covenant, con- tract or promise.

[Orders, Resolves and Votes of a Legislative Nature Passed During this Session.]

1821, June 14.

Resolved, by the Senate and House of Representatives in General Court, Convened, that the town of Sharon, have leave to send a Representative to the General Court of this State, until the Legislature shall otherwise order.

[House Journal, 1821, vol. 1, p. 224. Senate Journal, 1821, p. 102. Original Acts, vol. 26, p. 101.]

1821, June 16.

Resolved, that the sum of eight hundred dollars, be, and the same hereby is appropriated, for the purpose of promoting the interests of agriculture & domestic manufactures, in this State, in the following manner, viz;

To the Agricultural Societies of the County of Rockingham, Strafford, Hillsborough, Cheshire and Grafton the sum of one hundred dollars each, to the agricultural society of the county of Coos fifty dollars — and to the board of Agriculture for this State the remaining sum of two hundred & fifty dollars —

And be it further resolved, that the foregoing grant to the several County societies, be made, on condition, that each County society, shall, within one year from the first day of January next, appropriate the sum granted thereto by this resolve, together with at least double the amount of said sum, for the purpose of improvements in Agriculture and domestic manufactures; And the Treasurer of the State is hereby directed to pay to the Treasurer of each County agricultural Society, the sum herein appropriated to such society, whenever the Treasurer thereof shall lodge with him a certificate under oath, that he has, within the term above specified, received of the members of the Society of which he is Treas- urer, a sum at least double in amount to the appropriation herein made to such society, and that the appropriation required by this resolve, has been duly made.

And be it further resolved, that it shall be the duty of the board of Agriculture for this State to appropriate the sum herein granted them, in the following manner, to wit, in defraying the necessary expenses in

LAWS OF NEW HAMPSHIRE 59

procuring and preparing materials for, and the publication of a pamphlet, agreeably to the provisions of an act, entitled, "An act to institute & provide for the organization of a board of Agriculture for this State" passed Dec1 19-th 1820, — and the residue, if any, in such manner, as said Board may consider most conducive to the interests of Agriculture & domestic manufactures in this State. — And the Treasurer of this State is hereby directed to pay said sum of two hundred & fifty dollars to the Treasurer of said Board of Agriculture — And it shall be the duty of said Board to render to the Legislature, at the next June session, an account of the manner in which the aforesaid Sum, or any part thereof, shall have been expended.

[House Journal, 1821, vol. 1, pp. 305-309. Senate Journal, 1821, pp. 154-155. Original Acts, vol. 26, p. 102.]

1821, June 22.

Whereas Moses Foss Jun. Solomon Rowe, Enoch Colby Jr, Francis Durgin, Paul Chase, and Ebenezer Burbank have presented a petition to the Legislature, shewing that they are debtors to the State of New Hampshire in the sum of eight hundred and thirty one dollars and eighty cents, payable on the twenty ninth day of June instant, in consequence of the purchase of a certain tract of wild land, belonging to this State, known by the name of Gillis' and Foss' grant; and praying that the time of payment may be extended for the term of one year, from the said 29th day of June instant:

Therefore,

Resolved, that the time for the payment of said sum of eight hundred thirty one dollars & eighty cents, be and the same is hereby extended to the 29 day of June 1822: Provided the said petitioners shall pay or cause to be paid to the Treasurer of this State, annually, the interest which shall accrue thereon.

[Senate Journal, 182 1, p. 200. Original Acts, vol. 26, p. 103.]

1821, June 25.

Resolved, that the Treasurer of this State, be authorized to sell and convey, by deed of quitclaim duly executed, to Samuel Tuttle a certain tract of land, situate in the town of Adams, containing one hundred twenty one and a half acres, agreeably to the plan accompanying the re- port of the Honorable Obed Hall, land agent for said State, on the eleventh day of June A.D. 182 1, — Provided, the said Samuel Tuttle or any person authorized by him shall pay, or cause to be paid to the Treasurer of this State, the value of said tract of land, as appraised by said Hall, at fifty cents per acre, amounting to sixty dollars seventy five cents, and interest thereon, within one year from the passing of this resolve.

[House Journal, vol. 1, pp. 325-326. Senate Journal, 1821, p. 190. Original Acts, vol. 26, p. 104.]

6o

LAWS OF NEW HAMPSHIRE

1821, June 25.

Resolved, that the Treasurer of this State be authorized to sell and convey by deed of quitclaim to John Pendexter Jr., Daniel Elkins Jr., Daniel Pinkham and Joseph T. Pinkham, a certain tract or parcel of land situate in the town of Adams, in the County of Coos and State of New Hampshire, containing five hundred one acres and forty rods, agree- ably to the plans accompanying the report of the Hon. Obed Hall, land agent for the State of New Hampshire, on the 11th day of June 182 1 — Provided the said John Pendexter Jr, Daniel Elkins Jr, Daniel Pinkham & Joseph T. Pinkham, or any person authorized by them, pay or cause to be paid to the Treasurer of this State, the value of said land, as ap- praised by the said Hall at twenty five cents per acre, amounting to one hundred and twenty dollars, thirty one cents and interest thereon, within two years from the passing of this resolve.

[House Journal, vol. 1, pp. 326-327. Senate Journal, 1821, p. 190. Original Acts, vol. 26, p. 105.]

182 1, June 25.

Resolved, that the Treasurer of this State be authorized to sell and con- vey by deed of quitclaim duly executed to John Perkins a certain tract of land, situate in the Town of Adams, County of Coos and State of New Hampshire, containing sixty one Acres and forty four rods, agreeably to the plan accompanying the report of the Hon. Obed Hall, land agent for the State of New Hampshire, on the 11 day of June 182 1 —

Provided, the said John Perkins, or any person authorized by him, pay or cause to be paid to the Treasurer of this State, the value of said land, as appraised by. the said Hall, at eighteen cents, per acre, amounting to eleven dollars and three cents, and interest thereon, within two years from the passing of this resolve.

[House Journal, 1821, vol. 1, pp. 323-324. Senate Journal, 1821, p. 190. Original Acts, vol. 26, p. 106.]

1821, June 25.

Resolved, that the Treasurer of this State be authorized to sell and convey by deed of quitclaim duly executed to Frye Holt, a certain tract of land, containing one hundred thirty three and one third acres; Also to William Eastman a certain tract of land containing one hundred thirty three and one third acres; Also to Benjamin D. Eastman a certain tract of land containing one hundred thirty three and one third acres; Also to Samuel Hayes a certain tract of land, containing two hun- dred acres — Also to Lemuel Twombly a certain tract of land containing two hundred acres; Also to Nathaniel Hayes a certain tract of land con- taining two hundred and fifty acres — all said tracts of land adjoining the town of Adams in the county of Coos & State of New Hampshire, agreeably to the plans accompanying the report of the Honorable Obed Hall, land agent for said State, on the eleventh day of June A.D. 182 1.

LAWS OF NEW HAMPSHIRE 6 1

Provided, that said Frye Holt, William Eastman, Benjamin D. East- man, Samuel Hayes, Lemuel Twombly and Nathaniel Hayes, or any person authorized by them, shall pay or cause to be paid to the Treasurer of this State, the value of said tracts of land, as appraised by the said Hall, at twenty five Cents per acre, and interest thereon within two years from the passing of this resolve —

[House Journal, 1821, vol. 1, pp. 321-323. Senate Journal, 1821, pp. 190-191. Original Acts, vol. 26, p. 107.]

1821, June 25.

Resolved, that the Treasurer of this State, be authorized to sell and convey, by deed of quitclaim, duly executed to John Small and John G. Tuttle a certain tract of land adjoining the town of Adams, in the County of Coos and State of New Hampshire, containing four hundred acres, agreeably to the plan accompanying the report of the Honorable Obed Hall, land agent for said State, on the eleventh day of June A.D. 182 1 —

Provided the said John Small and John G. Tuttle, or any person author- ized by them, shall pay or cause to be paid to the Treasurer of this State, the value of said tract of land, as appraised by said Hall, at twenty cents per acre, amounting to eighty dollars, and interest thereon, within two years from the passing of this resolve —

[House Journal, 1821, vol. 1, pp. 320-321. Senate Journal, 1821, p. 191. Original Acts, vol. 26, p. 108.]

1821, June 25.

Resolved, that the Justices of the Court of Sessions for the County of Rockingham be authorized, at the expense of certain petitioners of Ports- mouth and Newburyport, to examine and report to the Legislature at the next session, whether the Turnpike road belonging to the Hampton Causeway Turnpike Corporation has not by the provisions of the charter of said corporation become public property; whether said corporation have violated or evaded any of the provisions of said charter; whether said corporation have assumed any rights or powers not granted to them; to make an examination into the general concerns of said corporation, and to give such notice to all concerned of the time and place of attending to said investigation as they may deem proper.

[House Journal, 1821, vol. 2, pp. 116-117. Senate Journal, 1821, p. 198. Original Acts, vol. 26, p. 109.]

1821, June 28.

Resolved by the Senate and House of Representatives in General Court convened, That the sum of one thousand dollars of any money in the Treasury of this State be and the same is hereby appropriated for the purpose of educating deaf and dumb children belonging to this State at

62 LAWS OF NEW HAMPSHIRE

the Asylum in Hartford, Connecticut; which sum may be divided and applied for the benefit of such persons and in such manner as His Excel- lency the Governor shall think proper. And the Governor is hereby authorized by warrant on the Treasurer to draw said sum from the Treasury.

[House Journal, 1821, vol. 2, p. 306. Senate Journal, 1821, p. 262. Original Acts, vol. 26, p. no.]

1821, June 29.

Resolved, that the Hon. Obed Hall, land agent for this State, be dis- charged from any farther duty after the passing of this Resolve.

[House Journal, 1821, vol. 2, p. 308. Senate Journal, 1821, p. 294. Original Acts, vol. 26, p. in.]

182 1, June 30.

Resolved, That John Johnson be and he hereby is appointed to super- intend the State House, lot and the fences surrounding said lot, until the next June session of the Legislature, whose duty it shall be to keep the house clean at all times, to air it as often as necessary by opening the windows; to keep all the rooms locked except the Treasurer's and Secretary's rooms; and the Adjutant General's office, to keep open the avenues, and see that no damage is done to any part of said house, yard or fence. And he is hereby authorized and directed to prosecute in be- half of the State any person who may injure said House, yard or fence; and to purchase and provide all necessary articles suitable for the accom- modation of the Legislature at their next session; for all which service he shall be entitled to the sum of forty dollars.

[House Journal, 1821, vol. 2, pp. 380-381. Senate Journal, 182 1, pp. 312-313. Original Acts, vol. 26, p. 112.]

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[THIRTY-FIRST GENERAL COURT.]

[Held at Concord, One Session, June 5, 1822, to July 4, 1822.]

[OFFICERS OF THE GOVERNMENT.]

Samuel Bell, Governor.

Samuel Sparhawk, Secretary.

Richard Bartlett, Deputy Secretary.

William Pickering, Treasurer.

Jonathan Harvey, President of the Senate.

Charles Woodman, Speaker of the House.

[Members of the Council.]

Hunking Penhallow, Portsmouth.

Richard Odell, » Conway.

Richard H. Ayer, Hooksett.

Elijah Belding, Swanzey.

Ezra Bartlett, Haverhill.

[Members of the Senate.]

Langley Boardman, Portsmouth.

John Kimball, Exeter.

Hezekiah D. Buzzell, Weare.

Isaac Hill, Concord.

Nehemiah Eastman, Farmington.

Daniel Hoit, Sandwich.

John Wallace, Jr., Milford.

Jonathan Harvey, Sutton.

Jotham Lord, Jr., Westmoreland.

James H. Bingham, Alstead.

Ziba Huntington, Lebanon.

Arthur Livermore, Holderness.

[Members of the House.]

rockingham county.

Allenstown, Andrew O. Evans.

Atkinson and )

Plaistow, f Henry Tucker-

Bow, John Brown.

Brentwood, Andrew Dudley.

Candia, Moses Bean.

Canterbury, Richard Greenough.

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Chester,

Chichester, Concord,

Deerfield,

Epsom, Epping, Exeter,

Hampstead,

Hampton,

Hawke and }

Sandown, ]

Kensington,

Kingston,

Londonderry,

Loudon,

Newcastle,

Newington,

Newmarket,

Newton,

Northwood,

Nottingham,

Pelham,

Pembroke,

North Hampton,

Northfield,

Pittsfield,

Poplin,

Portsmouth,

Raymond,

Rye,

Salem,

Seabrook,

South Hampton and )

East Kingston, (

Stratham,

Windham,

Samuel Aiken, Jr. William Moore. David M. Carpenter. Stephen Ambrose. Samuel Morrill. John S. Jenness. Andrew Page. Richard Tripp. Joseph Edgerly. Joseph Tilton, Jr. William Smith, Jr. Jesse Gordon. Edmund Toppan.

Samuel Pilsbury.

Robert Prescott. Daniel Peaslee. John H. Miltimore. Robert Patterson. Jonathan Clough. William P. Prescott. Paul Rawlings. Arthur Branscomb. John Bartlett. Joseph Neally. Henry Butler. Nehemiah Butler. Boswell Stevens. Tristram Dalton. James Cochran. Ebenezer Knowlton. John Scribner. John Bowles. David C. Foster. Estwicke Evans. John N. Sherburne. Thomas Dearborn. Jonathan Philbrick. John Clindenin. George Janvrin.

Ephraim Fitts.

Daniel Veasey. Jonathan Parker.

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65

STRAFFORD COUNTY.

Alton,	Stephen Davis.
Barnstead,	William Walker, Jr.
Barrington,	David W'inkley.
Conway,	David Webster.
Dover,	Nathaniel W. Ela.
	Charles WToodman.
Durham,	Benjamin Mathes, Jr
Eaton,	Daniel Lary.
Effingham,	James Leavitt.
Farmington,	Thomas Plumer.
Gilford,	Dudley Ladd.
Gilmanton,	Pearson Cogswell.
	Jeremiah Wilson.
Lee,	Edward B. Neally.
Madbury,	Maul Hanson.
Meredith,	John Durkee.
	Ebenezer Pitman.
Middleton and { Brookfield, \	John Chadwick.
Milton,	Levi Jones.
Moultonborough,	Ezekiel Hoit.
New Durham,	Joseph Boodey.
New Hampton and /
IT S Center Harbor, \	Thomas Perkins.
Ossipee,	Ezekiel Wentworth.
Rochester,	William Barker.
	Moses Hale.
Sanbornton,	James Clark.
	Joseph Woodman.
Sandwich,	Neal McGaffrey.
	Johnson D. Quimby.
Somersworth,	Joseph Doe.
Strafford,	Job Otis.
	Tobias Roberts.
Tamworth,	Ford Whitman.
Tuftonborough,	Thomas Hoit.
Wakefield,	Richard Russell.
Wclfeborough,	Samuel Fox.
HILLSBOROUGH	COUNTY.
Amherst,	Edmund Parker.
x^ndover,	Samuel Brown.
Antrim,	Amos Parmenter.
Bedford,	Phinehas Aiken.

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Boscawen,	Ezekiel Webster.
Bradford,	Samuel Jones.
Brookline,	Thomas Bennett.
Deering,	Russell Tubbs.
Dunbarton,	John Stinson.
Dunstable,	Jesse Bowers.
Fishersfield,	Elijah Peaslee.
Francestown,	Titus Brown.
Goffstown,	Robert Hall.
Greenfield,	William Whittemore
Hancock,	Andrew Wallace.
Henniker,	Artemas Rogers.
Hillsborough,	Andrew Sargent.
Hollis,	Ralph W. Jewett.
Hopkinton,	Abraham Brown.
	Thomas W. Colby.
Litchfield,	Jonathan Abbot.
Lyndeborough,	Nehemiah Boutwell.
Manchester,	Frederick G. Stark.
Mason,	Josiah Russell.
Merrimack,	Aaron Gage, Jr.
Milford,	William Crosby.
Mont Vernon,	John Bruce.
New Boston,	Joseph Cochran, Jr.
New Ipswich,	Charles Barrett.
New London,	Daniel Woodbury.
Nottingham West,	Caleb S. Ford.
Peterborough,	Jonathan Smith.
Salisbury,	Samuel C. Bartlett.
Sharon,	Samuel Ryan.
Society Land,	John Dodge.
Sutton,	Thomas Wadleigh.
Temple,	Jesse Spofford.
Warner,	James Bean.
	Benjamin Evans.
Weare,	Abraham Morrill.
	Tames Wallace.
Wilmot,	Jabez Youngman.
Wilton,	John Stevens.
CHESHIRE	COUNTY.
Ac worth,	Elisha Parks.
Alstead,	Azel Hatch.
Charlestown,	Enos Stevens.
Chesterfield,	John Kneeland.
Claremont,	Rufus Handerson.

LAWS OF NEW HAMPSHIRE

67

Cornish,

Croydon,

Dublin,

Fitzwilliam,

Grantham,

Hinsdale,

Jaffrey,

Keene,

Langdon,

Lempster,

Marlborough,

Marlow,

Nelson,

Newport,

Plainfield,

Richmond,

Rindge,

Roxbury,

Springfield,

Stoddard,

Sullivan,

Surry and [

Gilsum, j

Swanzey,

Troy,

Unity,

Walpole,

Washington,

Wendell and \

Goshen, (

Westmoreland,

Winchester,

John Smith. Eleazer Jackson, Jr. Obed Metcalf. Joseph Appleton. Levi Chamberlain. Charles Gleason. Obed Slate. Oliver Prescott. Foster Alexander. Samuel Egerton. John Way. Joseph Frost. Wells Way. Henry Melville. James Breck. Merrill Colby. Joseph Weeks. Samuel L. Wilder. Samuel Griffin. John Quimby. Dan forth Taylor. Josiah Seward.

Sylvester Smith.

James Underwood. Daniel Cutting. Francis Chase. Daniel W. Bisco. Abraham B. Story.

Thomas Pike.

Simeon Cobb, 2d. Elijah Alexander.

GRAFTON COUNTY.

Alexandria and )

Danbury, \

Bath,

Bethlehem,

Bridgewater,

Bristol,

Campton,

Concord (Lisbon),

Dorchester,

Enfield,

Stephen Gale.

Abram Thomas. Ebenezer Rix. Humphrey Webster. Walter Sleeper. Moses Baker. Simon Oakes. Ebenezer Gregg. John Jones.

68

LAWS OF NEW HAMPSHIRE

Grafton, Groton and ( Hebron, \ Hanover,

Haverhill,

Holderness,

Landaff,

Lebanon,

Lincoln,

Littleton,

Lyman,

Lyme,

New Chester,

Orford,

Peeling,

Piermont,

Plymouth,

Rumney,

Thornton,

Warren,

Wentworth,

Daniel Bartlett.

William Caldwell.

Elijah Miller. James Poole. John L. Corliss. Walter Blair. Joseph Atwood. Diarca Allen. David Aldrich, 2d. Nathaniel Rix, Jr. Pearley Mason. Nathaniel Lambert. Daniel Favor. Samuel Morey. Thomas Vincent, Jr. Richard Jenness. Samuel C. Webster. Thomas Blodget, Jr. Enoch Colby, Jr. Amos Tarleton. Caleb Keith.

COOS COUNTY.

Adams,

Chatham,

Columbia,

Jefferson,

Lancaster,

Northumberland,

Stephen Meserve. Luther Richardson. Lewis Loomis. Frederick Ingalls. Adino N. Brackett. John M. Tillotson.

LAWS OF NEW HAMPSHIRE 69

[First Session, Held at Concord, June 5, 6, 7, 8, 10, 11, 12,

13, 14, 15, 17, 18, IQ, 20, 21, 22, 24, 25, 26, 27, 28, 2Q, July I, 2,

3, 4, 1822.]

[CHAPTER 1.]

State oj }

New Hampshire. \

An Act To incorporate Enoch G Parrott, Jacob Cutter, Charles Coffin, Alexander Ladd, and Samuel Lord, and others, into a company by the name of the portsmouth Insurance Company.

[Approved June 14, 1822. Original Acts, vol. 27, p. 26; recorded Acts, vol. 22, p. 97. See acts of June 19, 1810, Laws of New Hampshire, vol. 7, p. 871, and June 24, 1863, Session Laws, 1863, Chapter 2814-]

Section First

Be it enacted by the Senate and House of Representatives in General Court convened, that the said Enoch G Parrott, Jacob Cutter, Charles Coffin, Alexander Ladd, and Samuel Lord, and others, and all such Persons as have already or shall hereafter be- come Stockholders in the said Company, be; and hereby are in- corporated into a Company and Body Politic, by the name of the Portsmouth Insurance Company, for and during the term of Twenty Years, after the passing of this Act, and by that name may sue, and be sued, plead and be impleaded, appear, prosecute, and defend to final judgment and execution; and have a common Seal, which they may alter at pleasure, and may purchase, hold, and convey any Estate, Real or Personal, for trie use of said Company, subject to the restrictions herein after mentioned.

Section Second

And be it further enacted, That the Capital Stock of the said Company, shall be divided into Shares of One Hundred Dollars each, which shall be paid into said Company in manner provided in the tenth Section of this Act; and the whole number of Shares shall be One Thousand, and the whole Capital, Stock, Estate, and Prop- erty, which the said Company shall be authorized to hold, shall never exceed One hundred Thousand Dollars, exclusive of Premium Notes, and Profits arising from the business of said Company; of which Capital Stock, not more than Six Thousand Dollars shall at any time be invested in Real Estate.

yo LAWS OF NEW HAMPSHIRE

Section Third

And be it further enacted, That the Stock, Property, Affairs, and concerns of said Company, shall be managed and conducted by Seven Directors, one of whom shall be President thereof, who shall hold their Office's for One Year, and until others are chosen, and no longer; and who shall at the time of their election, be Stockholders, and Citizens of this State, and shall be elected on the first Monday of August in each and every Year, at such time of the day, and at such a place in the Town of Portsmouth as a majority of the Directors for the time being shall appoint; of which election public notice shall be given in a Newspaper printed in the Town of Ports- mouth, and continued for the space of two weeks immediately pre- ceeding such election; and the election shall be holden under the inspection of two Stockholders, not being Directors, (to be ap- pointed by the meeting) and the election shall be made by ballot, by a majority of the votes of the Stockholders present, allowing one vote to each Share in the Capital Stock; provided that no Stock- holder shall be allowed more than Thirty Votes; and the Stock- holders not present may vote by proxy, under such regulations as the Company shall prescribe, and if through any unavoidable acci- dent, the said Directors should not be chosen on the first Monday of August, as aforesaid, or at an adjournment of said meeting, it shall be lawful to choose them on any other day, in the manner herein prescribed.

Section Fourth

And be it further enacted, That the Directors when chosen, shall meet as soon as may be after every election, and shall choose out of their own body, one Person to be President, who shall give Bonds for a sum not less than Five Thousand Dollars, for the faithful dis- charge of the duties of his office, and who shall preside for one Year, and until another is chosen; and in case of Death, resignation, or inability to serve of the President, or any Director, such vacancy or vacancies shall be filled for the remainder of the Year in which they happen, by a special election for that purpose, to be held in the same manner as herein before directed respecting annual elections for Directors.

Section Fifth

And be it further enacted, That the President and three of the Directors, or Four of the Directors in the absence of the President, shall be a board competant for the transaction of business: and all questions before them, shall be decided by a majority of votes; and they shall have power to make and prescribe such Bye Laws, Rules, and regulations, as to them shall appear needful and proper, touch- ing the management and disposition of the Stock, Property, Estate, and Effects, of said Company, and touching the duties and conduct,

LAWS OF NEW HAMPSHIRE 7l

of the several Officers, Clerks, and Servants employed, and all such matters as appertain to the business of Insurance; and shall also have power to appoint Clerks and Servants for carrying on the said business, and with such Salaries, and allowances to them and to the President, as to the said Board shall seem meet; Provided such ByeLaws, Rules, and regulations, shall not be repugnant to the Con- stitution or Laws of this State.

Section Sixth

And be it further enacted, That there shall be stated meetings of the Directors, at least once in every month, and as often within each month as the President and board of Directors shall deem proper; and the President and two of the Directors to be by him appointed in rotation, shall assemble daily, if need be, for the dis- patch of business; and the said board of Directors, or the Commit- tee aforesaid, at and during the pleasure of said board, shall have power and authority on behalf of the Company, to make Insurance on Vessels, Freight, Money, Goods, and Effects, and against Cap- tivity of Persons, and on the Life of any Person, and in cases of Moneys lent upon Bottomry and Respondentia, and to fix the Pre- miums, and terms of payment. And all Policies of Insurance by them made, shall be subscribed by the President, and one of the Committee of the Directors aforesaid; or in case of the Death, Sickness, inability, or absence of the President, by any two of the Directors, and shall be binding and obligatory upon the said Com- pany, and have the like effect and force, as if under the Seal of said Company; and all Losses duly arising under any Policy so sub- scribed, may be adjusted and settled by the President and board of Directors, and the same shall be binding on the Company.

Section Seventh

And be it further enacted, That the Directors shall have power to loan any portion of their Capital Stock, not exceeding one half, on Respondentia or Bottomry. Provided also, that the sum" loaned on any one Bottom, at any one time, including the sum Insured in any other way upon the same Bottom, shall not exceed Ten per Cent of the Capital Stock; nor shall the same be loaned but with the consent of at least five of the Directors, and such Loans shall be entered at large in the records of the Company, and signed by the Directors consenting thereto.

Section Eighth

And be it further enacted, That it shall be the duty of the Di- rectors on the first Monday of April and October in every Year, to examine the Books, Stock, and Property of the said Company, and to enter their report of such examination at large on the records of

J2 LAWS OF NEW HAMPSHIRE

the Company. And on the second Monday of October and April in every Year, to make Dividends of so much of the Interest arising from their Capital Stock, and the Profits of said Company, as to them shall appear advisable; but the monies received and Notes taken for Premiums on risks which shall be undetermined, and unexpired, at the time of making such Dividends, shall not be con- sidered as part of the Profits of the Company; and in case of any Loss or Losses, whereby the Capital Stock of the Company shall be lessened before all the instalments are paid in, each Proprietor or Stockholders' Estate shall be held accountable for the instalments that may remain unpaid on his Share or Shares at the time of such Loss or Losses taking place, and no subsequent Dividend shall be made, until a sum arising from the Profits of the business of the Company, equal to such diminution, shall have been added to the Capital. And that once in every three Years, and oftener if re- quired by a majority of the votes of the Stockholders, the Directors shall lay before the Stockholders, at a general meeting, an exact and particular statement of the Profits, if any there be, after deducting Losses and Dividends.

Section Ninth

And be it further enacted, That the said Company shall not directly or indirectly deal or trade in buying or selling any Goods, Wares, merchandize, or commodities whatsoever, except such as may have been abandoned to them, or may grow out of their Con- tracts for Insurance. And the Capital Stock of said Company shall be invested either in the funded debt of the United States, or of this State, in the Stock of the United States Bank, or of any Bank or Company Incorporated by this State; or by Notes secured by a pledge of any or either of the foregoing Stocks, or by Loans on Respondentia and Bottomry as provided in the Seventh Section of this act: or in Real Estate to an amount not exceeding Six Thousand Dollars; in either or all of them, and in such proportions as may be for the Interest of said Company, and they shall have power to sell, transfer, exchange, and reinvest the same, at the discretion of the President and Directors of said Company, or of such other Person or Persons as said Stockholders shall for such purpose at any meet- ing appoint.

Section Tenth

And be it further enacted. That Fifty Dollars on each Share in said Company, shall be paid, or secured by pledge of any or either of the Stocks authorized in the ninth Section of this Act, within twenty days after the meeting of said Company, And the remain- ing sum of Fifty dollars on each Share, shall be paid or secured, at such times, in such manner, at such equal instalments, and under such penalties, as the Directors of said Company shall direct. And

LAWS OF NEW HAMPSHIRE 73

no transfer of any Share shall be permitted, or be valid, until the amount of One Hundred Dollars on such Share shall have been paid in or secured.

Section Eleventh

And be it further enacted, That Certificate of Shares in the Cap- ital Stock of said Company, shall be issued to each Proprietor, bear- ing the Seal of the Company, and signed by the President and three of the Directors, or in the absence of the President, by four of the Directors. And no transfer thereof shall be valid, until any and every claim of said Company on the Proprietor, shall have been paid or satisfied; the transfer of the Stock recorded on the Books of the Company, and the old Certificate given up and cancelled.

Section Twelfth.

And be it further enacted, That the said Company shall have power to hire any sum or sums of money, not exceeding in the whole amount Thirty five per cent of their Capital Stock. And any Note or Bond, signed by the President and four of the Directors, or in the absence of the President by five of the Directors, shall be binding on the Company, and it shall be the duty of the Directors to have their vote, authorizing such loan or loans to be entered on the records of the Company and signed by at least five of the Di- rectors.

Section Thirteenth.

And be it further enacted, That the Property of any member of said Company, vested in the Stock of said Company, with the Div- idend or Dividends due thereon, when together exceeding the amount of any claim the said Company may have on the said Pro- prietor, shall be liable to attachment and execution, in favour of any bona fide Creditor, in manner following, to wit, whenever a proper Officer, having a writ of attachment, or execution against any such member shall apply with such writ or execution to the President, or acting officer of said Company, it shall be the duty of said Pres- ident to expose the Books of the Corporation to such Officer, and furnish him with a certificate, under his hand, in his Official capac- ity, ascertaining the number of Shares the said member holds in said Company, with the amount of the Dividend or Dividends due thereon, and the amount of claim, if any, said Company may have on said member; and when any Share or Shares shall be attached on mesne process, or taken in execution, an attested Copv of such writ of attachment or execution, shall be left with the said President, and such Share or Shares may be sold on execution after the same notification of the time and place of sale, and in the same mode of sale as other Personal Property, and it shall be the duty of the Officer, making such sale, within ten days thereafter to have an at-

74 LAWS OF NEW HAMPSHIRE

tested Copy of the execution, with his return thereon with the President of the Company, and the vendee shall thereby become the Proprietor of such share or shares, and entitled to the same, and to all the Dividends which shall have accrued thereon after the taking in execution aforesaid.

Section Fourteenth

And be it further enacted, That in case of any Loss or Losses taking place, that shall be equal to the amount of the Capital Stock of the said Company, and the President or Directors, after knowing of such Loss or Losses taking place, shall subscribe to any, Policy of Insurance, their Estates, jointly and severally shall be accountable for the amount of any and every Loss that shall take place under Policies so subscribed.

Section Fifteenth

And be it further enacted, That the said Company shall be allowed to take on any one risk, any sum, not exceeding in amount Ten per Centum of their Capital Stock.

Section Sixteenth

And be it further enacted, That the Persons named in the first Section of This Act, or a majority of them, are hereby authorized to receive subscriptions to the Capital Stock of said Company, and to prescribe the manner and time in which the first instalment shall be paid in and secured. And also to call a meeting of said Company, as soon as may be after said subscription has been filled, by adver- tizing the same in two newspapers printed in the Town of Ports- mouth for the purpose of their electing a first board of Directors to continue in Office, until the first Monday of August next ensuing.

[CHAPTER 2.]

State of }

New Hampshire. \

An Act in addition to an Act, entiled an Act, in addition to "an Act authorising the town of Bartlett to erect and keep in repair a bridge over saco rlver" passed december THIRTEENTH eighteen hundred and sixteen

[Approved June 14, 1822. Original Acts, vol. 27, p. 27; recorded Acts, vol. 22, p. 106. The act referred to is printed in Laws of New Hampshire, vol. 8, p. 547. See acts of June 22, 1819, id., p. 777; July 1, 1837, Session Laws, 1837, Chap. 362, and June 24, 1839, id., 1839, Private Acts, Chap. 8.]

Whereas the term heretofore allowed for finishing and completing said Bridge has been found insufficient for the purpose —

LAWS OF NEW HAMPSHIRE 75

Sec. i. Be it enacted by the Senate and House of Representa- tives in General Court convened, that a further term of two years from the thirteenth day of December A.D. eighteen hundred and twenty one, be granted to said Town of Bartlett for erecting and completing said Bridge, and that every part of the Act aforesaid, not inconsistent with this Act — be & remain in as full force as if the full period from the passing of the Act, to which this is in addi- tion had been originally limited for erecting and completing said Bridge —

[CHAPTER 3.]

State of } New Hampshire. \

An Act to incorporate Webb Chapter of Royal Arch Masons Number six.

[Approved June 14, 1822. Original Acts, vol. 27, p. 28; recorded Acts, vol. 22, p. 107.]

Sec. 1. — Be it enacted by the Senate and House of Representa- tives, in General Court convened, that Jonathan Nye, Godfrey Ste- vens, Silas H. Sabin, and Nathan Bingham and their associates and successors be and hereby are created a corporation by the name of "Webb Chapter of Royal Arch Masons No. 6.", with power to take and hold real and personal estate not exceeding three thousand dollars in value, and with all other powers and rights of similar corporations.

Sec. 2. And be it further enacted, that Jonathan Nye, Godfrey Stevens and Silas H. Sabin or any two of them shall call the first meeting of said corporation at such time and place as they may des- ignate by giving public notice thereof fifteen days prior to the time of meeting and at the same or any subsequent meeting said cor- poration may elect officers, and make any by-laws not repugnant to the laws of the State.

[CHAPTER 4.]

State of New Hampshire.

An Act to incorporate St. Pauls Lodge No. 30.

[Approved June 14, 1822. Original Acts, vol. 27, p. 29; recorded Acts, vol. 22, p. 108. See act of July 3, 1867, Session Laws, 1867, Chap. 111.]

Section 1. Be it enacted by the Senate and House of Repre- sentatives, in General Court convened; that, John Wakefield, Eber Carpenter, Cyrus Field, James Chandler, and their associates shall

7^ LAWS OF NEW HAMPSHIRE

be and hereby are erected and made a Corporation and body politic, by the name of St. Pauls Lodge No. 30, and by that name may sue and be sued, plead and be impleaded, defend and be defended, to final judgment and execution; and may have a common seal, and the same may alter at pleasure, and shall have and possess all the powers incident to Corporations of a similar nature, and may have hold and enjoy, real and personal estate, not exceeding in amount the sum of two thousand dollars.

Sec 2. And be it further enacted that John Wakefield, Eber Carpenter and Cyrus Field or any two of them may call a meeting of said Corporation, to be holden at Alstead in the County of Cheshire; at such time as they shall think expedient, by advertise- ment in the New Hampshire Sentinel printed at Keene, — fifteen days previous to the time of meeting; at which meeting the mem- bers of said Corporation by a vote of the majority of those present, shall choose such officers, and enact such byelaws, as they may think proper for the regulation and government of said Corporation. Pro- vided said byelaws are not repugnant to the Constitution and Laws of this State.

[CHAPTER 5.]

State of }

New Hampshire. \

An Act to incorporate a company by the name of the pro- prietors of the Mason Cotton Factory.

[Approved June 14, 1822. Original Acts, vol. 27, p. 30; recorded Acts, vol. 22, p. 109.]

Section 1. Be it enacted by the Senate and House of Repre- sentatives in General Court convened, That Henry Isaacs, Silas Bullard. Roger Chandler, John Chandler, James Taft, Moses Prichard, their associates, successors and assigns, be, and they hereby are incorporated, and made a body politic by the name of the Proprietors of the Mason Cotton Factory; and by that name may sue and be sued, prosecute and defend to final judgment and execution, and be known and distinguished in their acts and pro- ceedings, and in all cases whatever: and shall be, and hereby are vested with all the powers and privileges which are by law incident to corporations of a similar nature.

Sec. 2. And be it further enacted, That said Corporation be and hereby is authorized to carry on the manufacture of Cotton Goods and such other business as shall be necessarily connected therewith at Mason in the county of Hillsborough, and may erect such mills, mildams, buildings and machinery, as may be necessary and con- venient for conducting and carrying on those useful manufactures.

Sec. 3. And be it further enacted, That said Corporation may

LAWS OF NEW HAMPSHIRE 77

purchase and hold such real and personal estate as may be necessary or useful in conducting the business aforesaid, and for the con- venient management thereof, upon the present, or a more enlarged scale, not exceeding fifty thousand dollars; and the same may sell and dispose of at pleasure.

Sec. 4. And be it further enacted, That the said Henry Isaacs may call the first meeting of said proprietors to be holden at any suitable time and place by advertisement in either of the newspapers printed at Amherst, twenty days at least previous thereto, or by giving at least ten days' personal notice of the time and place of meeting: at which the said proprietors may agree on the method of calling future meetings; and at the same, or at any subsequent meeting duly notified and holden, may choose a clerk and all other necessary officers for conducting the affairs of said corporation; may divide their capital or joint stock into such number of shares as they may deem proper; may agree upon the method of transferring them; may order assessments and fix the time of their payment; may pass such by-laws as they may deem proper for their regula- tion and government, not repugnant to the laws of the State, and do and transact any business necessary for carrying into effect the objects of their association.

All questions at any meeting shall be determined by a majority of votes present or represented, accounting and allowing one vote to each share; and absent members may vote by proxy, being authorized in writing signed by the person represented

Sec. 5. And be it further enacted, That the share or shares in said Corporation shall be liable and holden for the payment of all assessments duly made thereon; and upon the nonpayment thereof within the time fixed for their payment, the said shares may be sold at publick auction, or so many of them as may be necessary to pay such assessments, with incidental charges, under such regula- tions as said Corporation may in its by-laws prescribe.

[CHAPTER 6.]

State of )

New Hampshire. \

An act in addition to an act, entitled An Act to incorporate the New Hampshire Fire and Marine Insurance Company.

[Approved June 14, 1822. Original Acts, vol. 27, p. 31; recorded Acts, vol. 22, p. 112. See act referred to dated June 10, 1803, Laws of New Hamp- shire, vol. 7, p. 138.]

Sec. 1. Be it enacted by the Senate and House of Representa- tives in General Court convened, that so much of the first section of the act passed on the tenth day of June in the year of our Lord

78 LAWS OF NEW HAMPSHIRE

1803, entitled an act to incorporate the New Hampshire Fire and Marine Insurance Company, as limits the duration of said corpora- tion to the term of twenty years from the passing of said act, be, and the same hereby is repealed.

Sec 2. And be it further enacted that the said New Hampshire Fire and Marine Insurance Company be, and continue a body politic and corporate, with all its present powers and liabilities, until the tenth day of June which will be in the year of our Lord 1825.

Sec. 3. Provided however, and be it further enacted that it shall not be lawful for said New Hampshire Fire and Marine Insurance Company to make insurance upon any vessels, goods, or freight, houses or buildings after the 10th day of June in the year of our Lord 1823.

[CHAPTER 7.]

State of )

New Hampshire. \

An Act in addition to an act entitled "an act to incorporate sundry persons by the name of the president, directors

AND COMPANY OF THE EXETER BANK", APPROVED DECEMBER I 9th l803.

[Approved June 14, 1822. Original Acts, vol. 27, p. 32; recorded Acts, vol. 22, p. 113. The act referred to is printed in Laws of New Hampshire, vol. 7, p. 183. See acts of July 3, 1847, Session Laws, 1847, Chap. 583; July 14, 1855, id., 1855, Chap. 1750, and June 27, 1857, id., 1857, Chap. 2034.]

Section i. Be it enacted by the Senate and House of Repre- sentatives in General court convened, That the said act entitled an act to incorporate sundry persons by the name of the President, Directors, and company of the Exeter bank shall remain and con- tinue to be in force for and during the term of twenty years from and after the first day of January in the year of our Lord one thou- sand eight hundred and twenty four, during which term the said corporation shall continue, and shall have and enjoy all the rights, privileges and immunities granted to it by said act, which are not inconsistent with this act, and shall be subject to all the liabilities mentioned and provided in and by said act not inconsistent with the provisions of this act.

Spc. 2. And be it further enacted, That the said corporation shall not issue and have in circulation at any one time, bills, notes or obligations to a greater amount than the amount of the capital stock actually paid in at such time, and then composing the capital stock of said b^nk. And in case any cashier, director or other offi- cer of said bank at any time shall knowingly issue, or order, direct or cause to be issued and put in circulation bills, notes or obliga- tions of said bank, which together with those before issued and then

LAWS OF NEW HAMPSHIRE 79

in circulation shall exceed the amount of the capital stock of said bank as aforesaid such cashier, director or other officer shall forfeit and pay a sum not exceeding ten thousand dollars and not less than one thousand dollars.

Sec. 3. And be it further enacted, That dividends may be made semiannually among the stockholders of said bank of interest or profits actually received, but no part of the capital stock of said bank shall either before or after the expiration of the time limited by this act for the continuance of said corporation be divided among or paid to the stockholders without the license of the Legislature of this State therefor, on penalty that any cashier, director or other officer who shall so divide or pay the same, or order, direct or cause the same to be done, shall therefor forfeit and pay a sum not ex- ceeding ten thousand dollars, nor less than one thousand dollars. Provided nevertheless, that it shall be lawful for the stockholders, after having given one year's previous notice of their intention by advertisement in two newspapers published in this State, and after payment of all outstanding debts due from said bank, to make a division of the capital stock among themselves, and thereby dissolve said corporation.

Sec. 4. And be it further enacted, that the capital stock of said bank shall for the purposes of this act be taken and deemed to be one hundred thousand dollars, being the amount of sums actually paid into said bank by the stockholders, and now composing the capital stock thereof. And in case of a diminution or loss of any portion thereof by reason of bad or desperate debts due to the bank or other means whatever, it shall be the duty of the Directors in their next annual return of the condition of the said bank by law required to be made to the Governor and councill, to state the amount of such diminution or loss, and the cause thereof; and after such loss or diminution no dividend of interest or profit shall be made untill such loss or diminution shall be replaced and supplied by assessments and actual payments by the stockholders or by appropriations therefor of the interest and profits actually re- ceived. Provided nevertheless, that the capital stock of said bank may be increased by assessments and actual payments by the stock- holders to any sum not exceeding in amount the sum limited by the original act of incorporation, and such payments shall thereupon be added to said one hundred thousand dollars, and the amount of both sums shall constitute the capital stock.

Sec. 5. And be it further enacted, That the Legislature shall at all times have the right by any persons duly appointed for that pur- pose to examine into the state, condition and all the doings and transactions of said corporation, and of its officers relating to the same; for which purpose all the books and papers of the corpora- tion, together with its money and securities for money, shall be ex- hibited and submitted to the inspection and examination of such

80 LAWS OF NEW HAMPSHIRE

persons so to be appointed; and each officer of said corporation shall answer on oath, if required, all suitable and proper interroga- tories relating to the state, condition or transactions of said bank.

Sec. 6. And be it further enacted, that all penalties incurred under this act may be recovered by information or suit in the name of the State.

[CHAPTER 8.]

State of I

New Hampshire. \

An act to incorporate certain persons by the name of the Milton Social Library —

[Approved June 14, 1822. Original Acts, vol. 27, p. 33; recorded Acts, vol. 22, p. 117.]

Be it enacted by the Senate and House of Representatives in General Court convened, That Gilman Jewett, Stephen Drew, David Wentworth, John Scates, Isaac Worster, Josiah Witham, Charles Ricker, Samuel Blaisdell, Hanson Hayes, and their asso- ciates proprietors of said Library and all who may hereafter be- come proprietors of the same be, and they hereby are incorporated into, and made a body politic and corporate, by the name and Style of the Milton Social Library with continuance and succession for- ever; and in that name may sue and be sued, prosecute and defend to final Judgment and execution, and are hereby vested with all the powers and privileges of Corporations of a similar nature, and may enjoin penalties of disfranchisement or fine not exceeding four dollars for each offence, to be recovered by action of debt to their use in any court of competent Jurisdiction; and may purchase and receive subscriptions, grants and donations of personal property not exceeding the sum of one thousand dollars for the use of their association —

Sec. 2. And be it further enacted that said proprietors be and hereby are authorized and empowered to meet at Milton aforesaid on the first Saturday of October annually, to choose all such officers as may be found necessary for the orderly conducting of the affairs of said association, who shall continue in office until others are chosen in their room — And the said corporation may convene as often as may be found necessary for the filling up of any vacancies that may happen in said officers, and for transacting all other business for the benefit of said corporation except the raising of money, which shall be done at the annual meeting and at no other time, at which annual meeting they shall vote all such sums as shall be necessary to defray the annual expense of preserving said Library, and for enlarging the same; and may make and establish a constitution,

LAWS OF NEW HAMPSHIRE 8 I

rules and bye laws for the government of said corporation, provided the same be not repugnant to the constitution and laws of this State —

Sec 3. And be it further enacted that Gilman Jewett before named be, and he hereby is authorized and empowered to call the first meeting of said proprietors at such time and place as may be Judged proper in said town of Milton by posting up a notification of the same at the Meeting house in said town, and at some other public place therein, at least fifteen days before the time of holding said meeting, and the said Gilman Jewett may preside in said meet- ing until a Moderator be chosen; and the proprietors at said meet- ing shall have all the power and authority to establish such bye laws, and choose all such officers as they may or can do by virtue of this act at their annual meeting

[CHAPTER 9.]

State of )

New Hampshire. \

An Act to establish a corporation by the name of the Salmon Falls Manufacturing Company.

[Approved June 17, 1822. Original Acts, vol. 27, p. 34; recorded Acts, vol. 22, p. 120. See act of July 9, 1846, Session Laws, 1846, Chap. 445.]

Section i. — Be it enacted by the Senate and House of Repre- sentatives, in General Court convened, that James Rundlett and such other persons as shall associate with him, and their successors and assigns shall be and hereby are constituted and made a corpo- ration by the name of the Salmon Falls Manufacturing Company and by that name may sue and be sued, prosecute and defend to final judgment and execution; and may have and use a common seal and the same alter and renew at pleasure, and also may make, ordain and put in execution such by-laws and regulations (not being Contrary to the constitution & laws of this State) as shall be necessary, proper and convenient for the government of said corpo- ration and the due management of its concerns, and shall be and hereby are vested with all the privileges and powers which by law are incident to corporations of a similar nature.

Section 2. And be it further enacted, that the said corporation bQ and the same is hereby empowered to carry on the manufactures of Woolen, Cotton and other goods at Salmon Falls River and also such branches of manufacture and trade as can be conveniently carried on by said corporation, and to purchase, take and hold real and personal estate of what kind or nature soever, to an amount not exceeding five hundred thousand dollars, and the same to sell and

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dispose of at pleasure; and to erect on the real estate to be purchased and held such dams, mills, works, machines and buildings as shall be deemed necessary or uselul in carrying on the manufactures, and conducting the business of the corporation.

Section 3. And be it further enacted, that the said James Rund- lett may call the first meeting of the members of said corporation by giving ten days previous notice by advertisement in some news- paper published in the town of Portsmouth, at which meeting a Clerk shall be chosen, who shall be sworn faithfully to discharge the duties of his office, whose duty it shall be to record the proceedings and doings of said corporation, and to perform such other services as the by-laws may require, and at the same or any subsequent meeting duly holden the said members may prescribe and agree on the manner of calling and holding future meetings; may divide their capital or joint stock into such number of shares as they may deem proper, and prescribe the mode or manner in which the shares shall be held and how the same shall be transferred; may make or pro- vide for the making of assessments on the shares from time to time as occasion may require and fix the time for the payment of the same; may appoint and constitute such officers, servants and agents of the said corporation as they shall think necessary, and prescribe their respective duties, and may do or transact any matter or thing relating to the property, business or concerns of the said corpora- tion.

Section 4. And be it further enacted, that at all meetings of the members of said corporation duly notified and holden each mem- ber shall be entitled to cast one vote for each share that he may be the owner and holder of in said corporation, on all questions that may come before such meetings, and absent members may be rep- resented and vote at such meetings by an agent for that purpose duly authorized by writing signed by the member or members to be represented, which writing shall be filed with the Clerk of said Cor- poration and at such meetings all questions shall be decided by a majority of the votes cast, provided however that in the assessment of taxes on the shares in said corporation three fourths of the votes cast shall be required to make such assessment binding on the mem- bers of said corporation.

Section 5. — And be it further enacted that the shares in the cap- ital or joint stock of the corporation shall be liable and holden for the payment of all assessments legally made thereon, and in case of neglect of any member to pay the assessments on his share or shares the same or so many of them as shall be sufficient to pay the amount of the assessment or assessments, may be sold or transferred for the payment of the same in such manner or way as shall be pre- scribed by the by-laws or regulations of said corporation—

LAWS OF NEW HAMPSHIRE 8 3

[CHAPTER 10.]

State of I

New Hampshire. \

An Act to incorporate a company by the name of the pro- prietors OF THE SOUHEGAN FACTORY.

[Approved June 24, 1822. Original Acts, vol. 27, p. 35; recorded Acts, vol. 22, p. 123.]

Section i. BE it enacted by the Senate and House of Repre- sentatives in General Court convened, That James W. Bliss, Asa Prichard, Charles Barrett, their associates, successors and assigns, be, and they hereby are incorporated and made a body politic by the name of The Proprietors of the Souhegan Factory; and by that name may sue and be sued, prosecute and defend to final judgment and execution, and be known and distinguished in their acts and proceedings, and in all cases whatever; and shall be, and hereby are vested with all the powers and privileges which are by law inci- dent to corporations of a similar nature.

Sec. 2. And be it further enacted, That said Corporation be and hereby is authorized to carry on the manufacture of Cotton or Woollen Goods, and such other branches of business as shall be necessarily or conveniently connected therewith, at New-Ipswich in the County of Hillsborough, and may erect such mills, mill-dams, buildings and machinery as may be necessary or convenient for con- ducting and carrying on those useful manufactures.

Sec. 3. And be it further enacted. That said Corporation may purchase and hold such real and personal estate as may be necessary or useful in conducting the business aforesaid, and for the con- venient management thereof upon the present or a more enlarged scale, not exceeding two hundred thousand dollars; and the same may sell, alienate and dispose of at pleasure.

Sec. 4. And be it further enacted. That either of the persons above named mav c^ll .the first mating of said proprietors, to be holden at any suitable time and nhce, bv advertisement in either of the newspapers printed at Amherst, twenty days at least pre- vious thereto, or bv giving at bast t^n days' personal notice of the time and Dlace of meeting; — At which the said proprietors may agree on the method of calling future meetings; and at the same or at any subsequent meeting duly notified and holden, thev mav choose a cWk and all cth^r necessary officers for conducting the concerns of said Corooration: — may divide their capital or joint stock into such number of shares as thev may deem proper, and agree upon the method of transferring them; — may order assess-

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ments, and fix the time of their payment; — may pass such by-laws, not repugnant to the laws of the State, as they may deem proper for their regulation and government, and do and transact any busi- ness necessary for carrying into effect the objects of their associa- tion. All questions shall be determined by a majority of votes present or represented at any meeting, accounting and allowing one vote to