Imagens das páginas
PDF
ePub

sions may ap

continue any

way, laid out by

enure to such uses as they shall therein direct; provided Proviso. they be not repugnant to the general laws of the government; and provided also, such orders and by-laws shall Court of Seshave the approbation of the Court of General Sessions of prove or disthe Peace of the same county: And may also allow and town or private approve of any town or private way laid out by the Select- Selectmen. men of the same town; or alter or discontinue any town or private way, heretofore laid out and improved as such, when it shall appear that the same is unnecessary for the inhabitants of such town. Saving always, to any person aggrieved, or who thinks himself injured, liberty of applying for remedy to the Court of General Sessions of the Peace in the same county, who are hereby empowered and directed, to enquire into and determine the matter by a jury, thereunto appointed, as well with respect to the necessity and convenience, by such discontinuance, laying out, or alteration, as to the damage that may happen or accrue, to any particular person or persons thereby; and thereupon to assess damages for the party injured, to be paid by such town; unless it appears, that the person on whose behalf application has been made, had no just cause of complaint; in which case the complainant shall pay all such costs and charge as may arise by such application to the Court of Sessions. And the verdict of a jury being received and recorded, shall be final and conclusive. vided, such application be made to the Court of General Sessions of the Peace, within twelve months after such way is approved, altered, or discontinued as aforesaid, and not otherwise.

Pro

every town, de

politic.

And be it further enacted by the authority aforesaid, That the inhabitants of every town within this government, Inhabitants of are hereby declared to be a body politic and corporate; clared a body and as such, may commence and prosecute any suit or action in any Court proper to try the same; and may also defend any suit or action commenced against them, and for this purpose, the said inhabitants, qualified and convened in manner aforesaid, may nominate and appoint one or more agents or attorneys. The choice of the agent or attorney certified by the Town Clerk, shall be deemed and taken sufficient evidence of such appointment. And when any suit shall be commenced against any town, (or other body corporate) a copy of the writ or original summons, or such other legal process as may issue against them, shall be left with the Clerk of such town, or with one or

powers of dis.

tricts.

more principal inhabitants thereof, (or with the Clerk or some principal member of the body corporate) thirty days at least before the day of the sitting of the Court, unto which the same shall be returnable.

And be it further enacted by the authority aforesaid, Privileges and That all places incorporated by the name of Districts, before the first day of January, one thousand seven hundred and seventy-seven, are hereby declared to be towns to every intent and purpose whatever; and places incorporated by the name of Districts since the same first day of January, one thousand seven hundred and seventyseven, or such places as may hereafter be incorporated by the name of District, are and shall be entitled to all the privileges, and vested with all the powers in this act expressed, as amply to every intent and purpose as they could have been if expressly named herein.

Matters and things, by law

directed to be done at March meetings, may

And whereas in divers laws, provision is made relating to the annual meetings in March, which it is necessary should be extended to the meetings holden in the month of April, in case the annual meeting of any town should be holden in that month:

Be it therefore enacted by the authority aforesaid, That all matters and things, which by any law or resolve of this Commonwealth, are directed to be done, and transbe transacted in acted at the town meetings in March, may hereafter be done, and transacted at a town meeting in April; any thing in such law or resolve, to the contrary notwithstanding.

April.

And be it further enacted by the authority aforesaid, That all laws heretofore made for the purposes mentioned in this act, be, and they hereby are repealed, and rendered null and void. March 23, 1786.

[blocks in formation]

Chap. 76 AN ACT DIRECTING THE TIME AND MANNER OF APPOINTING

County Treas nually chosen.

urer to be an

COUNTY TREASURERS.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That there shall be annually chosen in each County within this Commonwealth, in the month of March or April, by the written votes of such persons as are by the constitution qualified to vote for Representatives in the

several towns or districts, a discreet suitable person, being a freeholder, and resident in the same county, for a County Treasurer; the votes to be counted and sorted in the town or district meeting by the Moderator thereof and Town Clerk; the names of the persons voted for, and the number each person had, shall be recorded by the Clerk in the town or district book, and an attested copy of such record shall be transmitted under seal to the next Court of General Sessions of the Peace, to be held within and for the same county, on the first day of the Court's sitting; there to be opened and compared with the like returns from the several towns and districts in such county: and the person having the majority of the said votes, and accepting of the said office, after being sworn to the faithful discharge of the trust before the said Court, or any two Justices thereof, quorum unus, and giving bond for the faithful discharge of the trust, with sufficient sureties, in such penal sum as the Court shall direct, to the Clerk of the peace for the same county, for the time being, and his successor in that office, shall continue in the said office for the term of one year, and until some other person shall be chosen and qualified as aforesaid in his room.

a majority returned, Jus

turned t tices of the sions may

Court of Ses

appoint a suita

And in case, upon comparing the votes returned as When no one aforesaid, no one person shall have a majority of the person shall whole number of votes returned, or the person chosen shall decline accepting the office, or after accepting shall die, or resign, or remove out of the county, within the year; then, and in such case, it shall be lawful for the ble person. Justices of the same Court to appoint by ballot a suitable person, being a freeholder in the same county, to that office; and the person thus appointed by the Justices of the General Sessions of the Peace, and accepting the office, and being sworn to the faithfull discharge of the trust, and giving bond as before directed, shall be Treasurer of said county for the remainder of the year, and until some other person shall be chosen and qualified in manner as aforesaid.

by the County

And be it further enacted by the authority aforesaid, That all monies received by the County Treasurer, for the Monies received use of the county, shall be improved and employed by Treasurer, how him for the defraying county charges, as the Court of to be improved. General Sessions of the Peace shall from time to time, by their order in writing, direct and appoint, except that the travel and attendance of the Grand Jury at the Supreme Judicial Court, and the travel of the Petit Jurors, with

Empowered to enforce the pay

and shall lay an

account an.

nually before

the General

Court.

the fees for venires, and the legal fees to the Clerk for examining and certifying the same, may be paid by order of the Supreme Judicial Court; and each County Treasurer shall account with the Court of General Sessions of the Peace, for the same county of which he is Treasurer, for all his receipts and payments; which Court shall make him such allowance for his executing the duties of his office, as to them shall seem reasonable.

And be it further enacted, That each County Treasurer ment of taxes; respectively be, and hereby is, authorized and empowered to draw in and enforce the payment of all county rates and taxes, assessed agreeable to the directions of law, by the same rules and methods prescribed for the Treasurer and Receiver Genera. of the Commonwealth to gather in the rates and taxes assessed for the use of the Commonwealth, and shall annually lay before the General Court an account of all monies, that shall have been raised in the county to which he belongs, by assessments on the several towns and places therein, or by any other way or manner by him received as County Treasurer, and how the same have been disposed of; and no further assessment shall be made on the several towns and places in the county to which he belongs, until the said account has been offered to the General Court and allowed by them.

And be it further enacted by the authority aforesaid, This act to take That this act shall be in force from and after the first day of December next, and not sooner. March 23, 1786.

place in December next.

1785.- Chapter 77.

[February Session, ch. 36.]

Chap. 77 AN ACT INCORPORATING A SOCIETY, BY THE NAME OF THE

Preamble.

MASSACHUSETTS CONGREGATIONAL CHARITABLE SOCIETY.

Whereas a number of Congregational Ministers, within this Commonwealth, have petitioned, and it appears to the General Court expedient, that a number of persons be incorporated into a society, for the humane and benevolent purposes of affording relief and support to the widows and children of deceased Ministers, and other persons herein mentioned:

Be it therefore enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That Thomas Barnard, Clerk, Stephen Choate, Esq; Caleb Davis, Esq; Benjamin

Goodhue, Esq; Nathaniel Gorham, Esq; John Hancock, Esq; Jason Haven, Clerk, Timothy Hilliard, Clerk, Simeon Howard, Doctor of Divinity, Joseph Jackson, Clerk, John Lathrop, Doctor of Divinity, Phillips Payson, Clerk, William Phillips, Esq; Samuel Phillips, jun. Esq; Daniel Shute, Clerk, Caleb Strong, Esq; James Sullivan, Esq; Peter Thacher, Clerk, Oliver Wendell, Esq; and Joseph Willard, Doctor of Divinity; be, and they are, Society incorhereby incorporated into a society, by the name, stile and porated. title, of The Massachusetts Congregational Charitable Society; and that they, and such others as shall be duly elected into the said corporation, shall be and remain a body politic and corporate, by the same name, stile and title, forever.

receive and im

devises of lands,

And be it further enacted by the authority aforesaid, That the said society and corporation, shall be capable of Empowered to receiving, and shall have power to receive, from any per- prove grants & son or persons disposed to aid the benevolent purposes of &c. this institution, any grants or devises of lands or tenements, in fee simple, or for a lesser estate, and all donations and bequests of money, or any other personal thing; and to use and improve the same for the purposes, and according to the directions herein mentioned and provided. And be it further enacted by the authority aforesaid, That all grants, donations, devises and bequests, made to How improved the said society, of any real or personal estate, shall be by the said society, used and improved to the best advantage; and the annual income thereof, shall be by them applied to the support of such widows and children of deceased Congregational ministers, who have been, or shall be settled within this Commonwealth, and of the widows and children of the President and Professors of the University in Cambridge, as in the opinion of the said corporation, shall be proper objects of the said charity.

and applied.

Provided nevertheless, That the said society, if at any Proviso. time they shall judge it will best answer the good purposes of their institution, may increase their capital, by placing a part of the said income at interest, or by purchasing real estate therewith; and they shall have power also to take a part of the principal of their personal estate, and bestow it on the widows and children beforementioned, if it is consistent with the directions of the donor.

« AnteriorContinuar »