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Amount of stock, &c. to be published annually.

Statement to be laid before legislature

their estates, jointly & severally, shall be accountable for the amount of any and every loss which shall take place under policies thus subscribed.

SEC. 13. And be it further enacted, That the president & directors of said Company, shall, previous to their subscribing to any policy, & once in every year after, publish in two of the most public places in the Town of Nantucket, the amounts of their stock, against what risks they mean to insure, and the largest sum they mean to take on any one risk.

SEC. 14. And be it further enacted, That the president & directors of said Company shall, when, and as when required. often as required by the legislature of this Commonwealth, lay before them a statement of the affairs of said Company, & submit to an examination, under Oath, concerning the same.

First meeting.

Insurance limited.

Boundaries.

SEC. 15. And be it further enacted, That Josiah Barker, & George Myrick or either of them, be, and is hereby authorised to call a meeting of the members of said Company, by advertising the same in two of the most public places, in the town of Nantucket, for ten days successively, for the purpose of electing their first board of Directors, who shall continue in office until the second Monday in January, one thousand eight hundred and five, & until others are chosen in their stead.

SEC. 16. And be it further enacted, That the said president and directors shall not be allowed to insure on any one risk, a larger sum than Ten p Centum of the amount of the Capital stock of said Corporation, actually paid in. Approved June 21, 1804.

1804.- Chapter 9.

[May Session, ch. 9.]

AN ACT TO ANNEX A CERTAIN GORE OF LAND IN THE COUNTY
OF KENEBECK, TO THE TOWN OF WAYNE IN SAID COUNTY.

SECT. 1. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, that the unincorporated Gore of Land in the County of Kennebec, described within the following boundaries, Vizt. begining at the Southeast Corner of the town of Fayette, on the Easterly side of Lain's Pond so called, thence runing East to the Westerly line of Reedfield, thence Southerly on the West line.

of said Reedfield until it strikes the line of Wayne - thence North twenty two and an half degrees, West, to the firstmentioned bounds, with the Inhabitants thereon be and they are hereby Annexed to the town of Wayne within said County of Kennebec, and shall hereafter be considered as part of the same. Approved June 21, 1804.

1804.- Chapter 10.

[May Session, ch. 10.]

AN ACT TO ESTABLISH AN ACADEMY IN THE TOWN OF MONSON,
BY THE NAME OF THE MONSON ACADEMY, AND TO CREATE
A CORPORATION OF TRUSTEES FOR THE SAME.

Whereas the encouragement of Literature in the rising Preamble. generation, has ever been considered by the wise and good as the basis upon which the safety and happiness of a free people ultimately depends; And Whereas Abel Goodell, Esqr. and others have petitioned this Court for the establishment of an Academy in Monson, in the County of Hampshire, for that purpose:

SEC. 1. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That an Academy for the instruc- Academy tion of Youth in Learning, Virtue and Religion, be, and established. hereby is established at Monson, in the County of Hampshire, by the name of The Monson Academy.

porated.

name.

SEC. 2. And be it further enacted, That Abel Goodell, Trustees incorEsqr., the Revd. Samuel Willard, Revd. Jesse Ives, Revd. Ephraim Ward, Revd. Moses Baldwin, Revd. Moses Warren, Revd. Ezra Witter, Revd. Richard S. Storrs, Aaron Merrick, Darius Munger, Gad Cotton, Rufus Flynt, Azel Utley, Joel Norcross and Ede Whitaker, be, and they hereby are, established a body Corporate, by the Corporate name of, The Trustees of Monson Academy, and they, and their successors, shall continue a corporation by that name forever, with power to have a Common Seal, to contract, to sue or be sued, and prosecute or defend suits by their Agent or Agents appointed for that purpose; to take, hold and improve any estate, real or personal, and the same to lease, exchange or sell and convey for the benefit of the said Academy, by deed or deeds duly executed by their Treasurer or other Officer or Agent, being thereunto authorised by the said Corporation; Provided, that the Annual income of the whole estate of the said Corporation shall not exceed five thousand dollars.

Clerk, treasurer, instructors, &c. to be appointed.

Trustees may be elected.

Number of trustees.

First meeting.

Preamble.

SEC. 3. And be it further enacted, That the said Trustees shall have power, from time to time to appoint a clerk, who shall be under Oath, and a Treasurer, who shall give bond for the faithful discharge of his Trust, & such other officers and instructors of the said Academy, as the said Trustees may judge needful and proper, and also to determine the time and place of their Meetings, the mode of warning the same, of electing officers and trustees, and of transacting all other business, and to ordain necessary and reasonable orders, regulations and by-laws for the instruction and government of the said Academy, not repugnant to the constitution and Laws of this Commonwealth.

SEC. 4. And be it further enacted, That when any of the said Trustees, shall die, or resign, or by age, infirmity, or otherwise, become incapable of discharging his said trust, in the judgment of the major part of the said Trustees, the survivors may fill such vacancy by electing

a successor.

SEC. 5. And be it further enacted, That the number of the said Trustees, shall not, at any time, be more than fifteen, nor less than nine, five of whom shall constitute a quorum for the transaction of business, and all questions shall be decided by the Votes of the major part of the Trustees present, and in case of an equal division, by the casting vote of the presiding Trustee.

SEC. 6. And be it further enacted, That Abel Goodell, Esqr., be, and he hereby is authorised to appoint the time and place of the first meeting of the said Trustees, and give them notice thereof. Approved June 21, 1804.

1804.- Chapter 11.

[May Session, ch. 11.]

AN ACT TO AUTHORISE THE TOWN OF DUXBURY IN THE COUNTY
OF PLYMOUTH TO KEEP UP AND MAINTAIN A BRIDGE AND
MILL-DAM ON AND OVER BLUE-FISH RIVER, SO CALLED, IN
SAID TOWN.

Whereas the town of Duxbury in the County of Plymouth has erected a Bridge over Blue Fish River, so called, in said Town, which bridge is of great Public utility: And whereas said Town have petitioned this Court for leave to use the same bridge as a Mill-dam, for the purpose of raising a pond to work Mills.

ized to main

SEC. 1. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That the Town of Duxbury in the Town authorCounty of Plymouth be, and is hereby authorised & em- tain a bridge powered to keep up and maintain the bridge and dam & dam. now erected on and over said River, and to erect and maintain gates therein, for the purpose of stopping the water to work Mills.

be kept open.

SEC. 2. And be it further enacted by the authority aforesaid, That the said town of Duxbury shall forever keep Passage-way to and maintain a passage way through said bridge and dam, at least twenty six feet wide, and in the deepest water, with a good and convenient draw over the same, to be opened and shut, at the expence of said Duxbury, for all vessels to pass and repass.

to be opened as

SEC. 3. And be it further enacted by the authority aforesaid, That the flood gates which may be used for the Draw and gates purpose of stopping the Water, shall be so constructed occasion may that they will not fail to be opened by the flood tides. require. And said Town shall constantly keep one suitable person at or near said bridge, whose duty it shall be to open said draw and gates when requested so to do by any person wanting to pass through the same with any ship or vessel. Provided, the opening of said gates be practicable at the time the request shall be made as aforesaid, and in case any person shall desire to pass through said bridge or dam, on the ebb tide, with any ship or vessel, and shall, at any time before the tide shall have risen within one foot of the top of said gates, signify such his desire to the person who shall be appointed to open said draw & gates, said draw shall be opened, and said gates shall be fastened open, and so kept, until the water in the passage way shall not exceed in height six feet. And in case said draw Penalty. shall not be opened, and said gates fastened opened as aforesaid, after notice as aforesaid, then in every such case the said Town of Duxbury shall forfeit and pay to the person so having signified his desire as aforesaid, a sum not exceeding one hundred dollars, nor less than five dollars to be recovered in an Action of the case before any Court having competent jurisdiction to try the same. SEC. 4. And be it further enacted by the authority aforesaid, That the said town of Duxbury be, and hereby Owners of salt is empowered and obliged to dig and remove from above indemnified for and below the passage way in said dam so much of the any removed.

marsh to be

ing courts altered.

Salt marsh as now does, or hereafter may, impede or obstruct said passage. And in case the said town of Duxbury cannot agree with the owner or owners of said Salt Marsh, as to the price of such part of said Marsh as may be taken and used by said town for the purpose aforesaid, either party shall have a right to have the damages determined by a Jury, at the Court of Sessions, as is provided in case of highways. Provided always that nothing in this Act shall be construed to prevent any owner of lands which may be flowed in consequence of said dam from recovering the damage sustained thereby.

Approved June 21, 1804.

1804.- Chapter 12.

[May Session, ch. 12.]

AN ACT TO ALTER THE TIMES FOR HOLDING THE COURTS OF
GENERAL SESSIONS OF THE PEACE WITHIN THE COUNTY
OF YORK, AND FOR REPEALING PART OF AN ACT HERETO-
FORE MADE FOR THAT PURPOSE.

SEC. 1. Be it enacted, by the Senate and House of Representatives, in General Court assembled, and by the Time of hold- authority of the same, That from and after the first day of July next, the time for holding the Court of General Sessions of the Peace within and for the County of York, shall be at Waterborough, on Wednesday next preceeding the fourth Tuesday of August; and at York, on Wednesday next preceeding the third Tuesday of April, annually, any law to the Contrary notwithstanding.

acts repealed.

SEC. 2. And be it further enacted by the authority Parts of former aforesaid, That, that part of the Act, entitled, "An Act to alter the time of holding one of the Courts of General Sessions of the peace & Courts of Common pleas in the County of York," which provides for holding a Court of General Sessions of the Peace at Biddeford, in the County of York, on the last Tuesday of October, annually, and all laws regulating the holding the Court of the General Sessions of the Peace at Waterborough, on the fourth Tuesday of August, and on the third Tuesday of April, annually, be, and the same are hereby repealed.

Approved June 21, 1804.

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