and elders in

and by deacons during such alienor's continuing minister. And the deacons, certain cases. elders, trustees, stewards, or other presiding officers of every church or religious society having by its usages no settled minister, shall be deemed capable of taking in succession any estate granted to them to the use of such church or of the poor thereof and of prosecuting and defending all actions, Mode of aliena- petitions and processes touching the same. But no aliena

tion by such.

tion of such estate by such deacons, elders, trustees, stewards, or presiding officers shall be valid any longer than during the alienor's continuing in office: Provided however, That such deacons, elders, trustees, stewards, or presiding officers, may with the assent of the church or society alienate in fee any estate acquired by them or by such church or society by purchase; and no minister, deacons, elders, trustees, stewto amount of ards or other presiding officers shall be deemed capable of taking any estate granted as aforesaid, so long as the clear annual income of any prior grants to such minister, deacons, elders, trustees, stewards, or presiding officers or their predecessors, or to the church, shall be and remain equal to the sum of three thousand dollars.

Limitation as

estate.

Town clerk to

and deaths.

SEC. 11. Be it further enacted, That all laws now in force in this State inconsistent with the provisions of this Act, be and they are hereby repealed.

[Approved March 13, 1821.]

::00::

CHAPTER CXXXVI.

An Act for recording Births and Deaths by the Clerks of towns.

SEC. 1. BE it enacted by the Senate and House of Representrecord births atives, in Legislature assembled, That it shall be the duty of every town Clerk within this State, to record all births and deaths which shall happen within his town and come to his knowledge, together with the time of such birth or death, and the names of his or her parents, if known, for the fees allowed by law, to be paid by his town.

Parents to give

births and

deaths,

holder.

SEC. 2. Be it further enacted, That it shall be the duty of him notice of parents to give notice to the Clerk of the town in which they dwell, of all the births and deaths of their children; and it also each house. Shall be the duty of every householder to give notice of every birth and death which may happen in his house; and of the eldest person next of kin to give such notice of the death of his kindred; and it shall be the duty of the master or keeper alms house or of any almshouse, workhouse or prison; and of the master or ship or vessel. commander of any ship or vessel, to give notice of every birth and death which may happen in the house or vessel under his care or charge, to the Clerk of the town in which such event shall happen; and in case any person whose duty it shall be by virtue of this Act, to give notice as aforesaid, shall neglect to perform the same for the space of six months after the birth

Each master of

gleet.

or death shall happen, the person so neglecting shall pay a penalty for nefine of one dollar, to be recovered with costs of suit, on complaint before any Justice of the Peace for the same county, to the use of any inhabitant of the same town who shall prose

cute for the same.

[Approved February 28, 1821.]

:00:

CHAPTER CXXXVII.

An Act defining the general powers and duties of Manufacturing Corpora.

SEC. 1.

tions.

corporations

BE E it enacted by the Senate and House of Repre- Manufacturing sentatives, in Legislature assembled, That all corporations may choose of which may hereafter be established within this State, for the ficers, &c. purpose of carrying on any kind of manufacture, or manufac tures, shall have power from time to time, to choose a Clerk, who shall be sworn by a Justice of the Peace to the faithful discharge of his duty, and who shall record all votes of the corporation in a book, to be by him kept for that purpose; a Treasurer, who shall give bonds in such manner and in such sum as any such corporation shall direct, and such other directors, agents and factors, as shall be thought necessary and convenient for their regular government and to carry into ef fect the several objects for which any such corporation may be established; and to make and establish any rules and bye- and make byelaws for the regulation and government of said corporations, with reasonable penalties for the breach thereof, not exceed ing the sum of twenty dollars, and the same at their pleasure to repeal and annul: Provided, That such rules and bye-laws shall not be repugnant to the Constitution and laws of this State. SEC. 2. Be it further enacted, That a majority of the per- How first meetings may be sons named in any Act of incorporation may call the first called. meeting of the corporation, by giving notice of the time and place of meeting, in some public newspaper printed in the county where the manufactory shall be established, at least fourteen days before the time of the meeting; and if no paper is printed within the county, then public notice of the time and place of meeting shall be given as aforesaid, in a newspaper printed in some adjoining county.

aws.

seeh corpora

vided into

SEC. 3. Be it further enacted, That the property of all such Property of corporations shall be divided into shares, and numbered in ions to be diprogressive order, beginning at number one; and every orig- shares and inal member of such corporation shall have a certificate un-numbereșl. der the seal of the corporation, and signed by the Treasurer, certifying his property in such share as shall be expressed in the certificate.

SEC. 4. Be it further enacted, That any share may be shares how to alienated by the proprietor thereof by a deed under his hand be transferred, and seal, acknowledged before some Justice of the Peace, and

Corporation may assess

shares.

Mode of en

forcing pay.

shares.

recorded by the Clerk of the corporation in a book to be by him kept for that purpose; and any purchaser named in such deed so recorded, shall on producing the same to the Treas urer, and delivering up to him the former certificate, be entitled to a new certificate executed in form aforesaid.

SEC. 5. Be it further enacted, That any such corporation money on the may from time to time, at any legal meeting called for that purpose, assess upon each share, such sum or sums of money, as shall be judged by such corporation necessary for raising a capital for the establishment and completion of the object of the incorporation, and for defraying the charges and expenses incident thereto, to be paid to their Treasurer at such time or times, and by such instalments as shall be directed by the corporation; and if the proprietor of any share or shares shall ment by sale of refuse or neglect to pay any tax or assessment duly voted and agreed on by said corporation, for the term of thirty days after the time set for the payment thereof, the Treasurer of such corporation is hereby authorized to sell, at public vendue, the share or shares of such delinquent proprietor, sufficient to pay all taxes or assessments which may be then due from said proprietor, with all necessary and incidental charges; after Notice to be having given public notice in some newspaper printed in the county where the manufactory is established, if any is printed therein, otherwise in some adjoining county, of the time and place of sale, with the sum due on each share, at least three weeks successively before the sale; and such sale shall be a legal transfer of the shares so sold to the purchaser, and when the purchaser shall produce a certificate of such sale from the Treasurer to the Clerk of the corporation, with the name of the purchaser, and the number of the share or shares sold, the same shall be entered by the Clerk on the books of Effect of sale. the corporation; and such person shall be considered, to all intents and purposes, the proprietor thereof; and shall be entitled to a certificate in the form prescribed in the third section of this Act.

given.

Acts authoriz

lie acts.

SEC. 6 Be it further enacted, That all Acts incorporating rations, to be manufacturing companies, shall be deemed and taken to be considered pub public Acts, and as such may be declared upon, and given in evidence in any Court of law, without specially pleading the same: Provided always, That the Legislature may from time to time, upon due notice to any corporation, make further provisions and regulations for the management of the business of the corporation, and for the government thereof, or wholly to repeal any Act, or part thereof, establishing any corporation as shall be deemed expedient.

[Approved March 8, 1821.]

CHAPTER CXXXVIII.

An Act defining the general powers and duties of Turnpike Corporations.

Turnpike cor.

porations not to be granted,

mittee.

mittee to give

SEC. 1. BE it enacted by the Senate and House of Repre- Tomoke for sentatives, in Legislature assembled, That no turnpike corpora- until after tion shall be created, except a committee shall have first viewing combeen appointed by the Legislature, and viewed the rout proposed by the petitioners, who shall be at the expense thereof. And that all committees appointed for the purpose aforesaid, Viewing comshall, before they proceed to view any proposed road, give notice, &c. public notice of the time and place of their meeting, by publishing the same in some newspaper printed in the county where said road is proposed to be laid, if any such paper is printed therein, and if not, in such other way as they may think will give general notice to all interested, and shall also give notice to one or more of the Selectmen of each town through which they propose to view, and of the time they shall make their report to the Legislature, that all persons may then appear and shew cause, if any they have, against the prayer of the petition.

is granted,

sions may ap

pay damages

SEC. 2. Be it further enacted, That whenever any grant is When turnpike made for a turnpike road, and application is made to the Court of Ses Court of Sessions within the county where said road is situ- point commit ated, said Court shall appoint a committee of five disinterest-tee to lay it ed freeholders within the same county, at the expense of the corporation, who shall be invested with the same powers, observe the same rules, be under the same restrictions, perform the same duties, and make return of their doings, in the same manner as is provided by law for similar committees appointed by said Court for laying out public highways. And said Corporation to corporation shall be liable to pay all damages that may be estimated by estimated by said committee; saving to either party the tee; saving to right of trial by Jury respecting damages only, according to right to jury, law making provision for the recovery of damages arising &c. from the laying out highways: Provided however, That said unless the corcorporation may purchase and hold lands, over which they chase the land, may make their road; in every such case, the estimation of damages shall be omitted by said committee. And no turn- width of such pike road hereafter granted shall be less than four rods in roads. width, and the travelled part of the same shall not be less than twenty-four feet in any part thereof.

said commit

each party a

poration pur

SEC. 3. Be it further enacted, That no gate shall be erected where gates by any turnpike corporation, on any county or town road may be erectbefore established; and no turnpike gate shall be erected across any turnpike road where full toll shall be demanded, except said gate be ten miles distant from any other turnpike gate, on the same road, unless the Act granting the same road shall contain a different provision.

SEC. 4. Be it further enacted, That it shall be lawful for all turnpike corporations that may be established by law, when

After the road proved by C. C.

is made and ap

Com. Pleas,

corporation may erect gates.

ever the road shall be sufficiently made, and so allowed and approved by the Justices of the Circuit Court of Common Pleas within said county where said road shall be situated; and they are hereby authorized to erect gates. in such place or places as the said Justices shall direct; to demand and receive of each traveller or passenger at each of said gates, the Rates of toll. following rates of toll, viz. For each coach, chariot, phæton or other four wheel spring carriage, drawn by two horses, twenty five cents; and if drawn by more than two horses, two cents for each additional horse; for every waggon drawn by two horses, ten cents; and if drawn by more than two, two cents for each additional horse; for every cart or waggon drawn by two oxen, ten cents; and if by more than two, twelve and a half cents; and if by more than four oxen or horses, two cents for each additional ox or horse; for every curricle, fifteen cents; for every chaise, chair, sulkey or other carriage for pleasure drawn by one horse, twelve and a half cents each; for every cart, waggon or truck drawn by one horse, six and one quarter of a cent each; for every man and horse, four cents; for every sleigh or sled drawn by two oxen or horses, eight cents; and if drawn by more than two oxen or horses, one cent for each additional ox or horse; for every sleigh or sled drawn by one horse, four cents; for all horses, mules or neat cattle led or driven, besides those in teams or carriages, one cent each; for all sheep or swine, at the rate of three cents by the dozen: Provided however, That the corporation may if they see cause, commute the rates of toll with any person or persons or with any corporation, by taking of him or them a certain sum annually, to be mutually agreed on, in licu of the toll aforesaid; and carts or waggons having wheels, the felloes of which shall be six inches broad or more, shall be subject to pay only half the toll which carts or waggons otherwise constructed shall be liable to pay. And all turnpike corporations shall erect in some conspicuous place where the toll is collected, exposed to view, a sign-board, with the rates of toll of all tollable articles, fairly and legibly written or printed in capital letters; and whenever said corporation shall neglect so to do, they shall not be entitled to demand or receive any toll at the said gate.

Sign-board to

be erected, ex• hibiting such

rates of toll.

Penalty for de

juring gates or

bly passing.&c.

paying toll.

SEC. 5. Be it further enacted, That if any person shall cut, stroying or in break down or otherwise injure or destroy any turnpike gate, road; or forci- on any turnpike road; or shall dig up or carry away any kates without earth or gravel from such turnpike road, or in any other manner damage the same; or shall forcibly pass, or attempt to pass any such turnpike gate, without having first paid the legal toll, with an intent to avoid the same, such person shall forfeit and pay a sum not exceeding fifty dollars, nor less than five dollars, to be recovered by the Treasurer of the corporation to their use, in an action of trespass. And if any person, with his or her horse, team or cattle, shall turn out of