AN ACT to incorporate the Duston Monument Association. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows:

Chap. 35.

SECT. 1. Charles Corliss, George Coffin, M. G. J. Emery, Corporators. Obadiah Duston, Daniel Webster, T. J. Goodrich, John Carleton, John N. Kimball, Ezra B. Welch, J. V. Smiley, George Corliss, Numa Sargent, their associates and successors, are hereby made a corporation, by the name of the Dus- Name. ton Monument Association, for the purpose of enclosing and Purpose. improving the site of the house in Haverhill, from which Hannah Duston was taken by the Indians, and of erecting and maintaining, by voluntary subscriptions and donations, a monument thereon; with all the powers and privileges, Privileges, reand subject to all the duties, liabilities and restrictions, set forth in the forty-fourth chapter of the Revised Statutes.

strictions, &c.

estate not to ex

SECT. 2 Said corporation may hold real and personal Real and personal estate necessary and convenient for the purposes aforesaid, ceed $10,000. not exceeding in amount the sum of ten thousand dollars.

SECT. 3. Said corporation shall have no power to assess Members not or tax its members.

taxed.

$1 entitled to

SECT. 4. All past and future contributors to the amount Contributors of of one dollar in aid of the association, shall thereby be enti- membership. tled to membership thereof, with all its privileges. [Approved by the Governor, March 5, 1856.]

AN ACT to continue in force "An Act to incorporate the Hampshire Mutual Chap. 36. Fire Insurance Company."

Be it enacted by the Senate and House of Representa

tives, in General Court assembled, and by the authority of

the same, as follows:

The act to incorporate the Hampshire Mutual Fire Insur- Act continued. ance Company, passed on the sixth day of March, in the year

strictions, &c.

one thousand eight hundred and thirty, shall be and remain in Duration. force for the term of twenty years from the sixth day of March, in the year one thousand eight hundred and fifty-eight; and the said corporation shall be continued through that term, Privileges, rewith all the powers and privileges, and subject to all the duties, restrictions and liabilities, set forth in the thirty-seventh and forty-fourth chapters of the Revised Statutes, the four hundred and fifty-third chapter of the statutes of one thousand eight hundred and fifty-four, and in all the statutes which have been, or may hereafter be passed, relating to mutual fire insurance companies. [Approved by the Governor, March 5, 1856.]

Chap. 37. AN ACT to establish the Office of Assistant-Clerk of the Supreme Judicial

Assistant-clerk of

S. J. Court for

Court, in the County of Suffolk.

Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows:

SECT. 1. The justices of the supreme judicial court may, county of Suffolk. from time to time, appoint some suitable person to act as assistant-clerk of the supreme judicial court for the county of Suffolk, who shall hold his office for the term of three years from the time of his appointment, subject to be sooner removed by the supreme judicial court; he shall perform his duties under the direction of the clerk of the supreme judicial court for the county of Suffolk, shall be sworn to the faithful discharge of his duties, and shall pay over to said clerk all fees and sums received by him as such assistant, to be accounted for according to law; and he shall receive for his services, the sum of fifteen hundred dollars per annum, payable quarterly out of the treasury of the county of Suffolk.

Salary, $1,500 per annum.

Duties.

Bond, &c.

Chap. 38.

S. J. C. to have jurisdiction in

tain cases.

SECT. 2. Such assistant-clerk may authenticate papers, and perform such other duties of the clerk as shall not be performed by him; and in case of the absence, neglect, removal, resignation or death of the clerk, may complete and attest any records remaining unfinished, and act as clerk of said supreme judicial court, until a new clerk be appointed and qualified.

SECT. 3. Such assistant-clerk, before entering upon the duties of his office, shall give a bond to the treasurer of the county of Suffolk, to be approved by the supreme judicial court, in a sum not less than five hundred dollars, and not exceeding two thousand dollars, with one or more sufficient sureties, with condition for the faithful discharge of the duties of his office. [Approved by the Governor, March 5, 1856.]

AN ACT giving further remedies in Equity.

Be it enacted by the Senate, and House of Representatives, in General Court assembled, and by the authority of the same, as follows:

SECT. 1. The supreme judicial court shall have jurisdicequity in cer- tion in equity, in all cases of accident or mistake where the party asking relief has not a plain, adequate and complete remedy at law, with all the powers belonging to said court in suits in equity.

Suits, how commenced.

SECT. 2. Suits in equity may be commenced by bill or by writ of attachment.

SECT. 3. All acts or parts of acts, inconsistent with the Inconsistent acts preceding section, are repealed.

SECT. 4. This act shall take effect from and after its passage. [Approved by the Governor, March 5, 1856.]

AN ACT relating to the unlawful use of Private Property. Be it enacted by the Senate and House of Representatires, in General Court assembled, and by the authority of the same, as follows:

repealed.

Chap. 39.

of animals.

SECT. 1. Every person, who shall, wilfully, mischievously Unlawful taking and without right, take, drive, ride or use any horse, ass, mule, ox, or any draught animal, the property of another, without the consent of the owner, or other person having the legal custody, care or control of the same, shall be deemed to be guilty of a misdemeanor; and shall be punished by a fine not exceeding three hundred dollars, or by imprisonment in the house of correction for a term not exceeding six months: provided, that nothing in this act shall be so Proviso. construed as to apply to any case, where the taking of the property of another is with the intent to steal the same, or when it is taken under a claim of right, or with the presumed consent of the owner, or other person having the legal control, care, or custody of the same.

have concurrent

SECT. 2. Justices of the peace and police courts, shall Justices, &c., to have concurrent jurisdiction with the court of common jurisdiction of of pleas and the municipal court of the city of Boston, of of fences. fences under this act: provided, that such justices and police Proviso. courts shall not have power to inflict a fine exceeding ten dollars on any conviction under this act.

pealed.

SECT. 3. The two hundred and ninety-fifth chapter of the Act of 1854 reacts of the year one thousand eight hundred and fifty-four, is hereby repealed: provided, this repeal shall not affect any prosecution previously commenced.

SECT. 4. This act shall take effect from and after its passage. [Approved by the Governor, March 6, 1856.]

AN ACT in addition to an Act in relation to Female Convicts.

Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same as follows:

Chap. 40.

courts to have

SECT. 1. Justices of the police courts, shall have concur- Justices of police rent jurisdiction with the court of common pleas, of all concurrent jurisquestions arising under the four hundred and sixteenth diction with C. chapter of the acts of the year one thousand eight hundred and fifty-four.

C. Pleas.

SECT. 2. This act shall take effect from and after its passage. [Approved by the Governor, March 6, 1856.]

Chap. 41. AN ACT to authorize W. C. Barstow, B. C. Ward, E. S. Rand and C. C.

May extend wharf.

Right, &c.

Proviso.

Provided, further.

Gilbert, to extend their Wharf.

Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows:

W. C. Barstow, B. C. Ward, E. S. Rand and C. C. Gilbert, proprietors of a wharf and flats situated in that part of Boston called East Boston, and adjoining Condor Street, and lying between, and adjoining land and flats of the East Boston Company on the westerly side, and land and flats of B. C. Ward on the easterly side, are hereby authorized to extend and maintain their wharf aforesaid, into the harbor channel, as far as the commissioners' line, so called, as the same is now established by law, in Boston harbor; and shall have the right to lay vessels at the ends and sides thereof, and to receive wharfage and dockage therefor: provided, however, that this grant shall not be construed to extend to any flats or land of this Commonwealth, lying in front of the flats of any other person, or which would be comprehended by the true lines of such flats, continued to the said commissioners' line; and provided, further, that so much of said wharf as may be constructed below low-water mark," shall be built on piles, which piles shall not be nearer to each other than six feet in the direction of the stream, and eight feet in a transverse direction, and that this act shall in no wise impair the legal rights of any person whatever. [Approved by the Governor, March 10, 1856.]

Chap. 42. AN ACT to continue in force an Act to incorporate the Danvers Mutual Fire Insurance Company, and to change the corporate name of the same.

Act extended.

Duration.

Proviso.

Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows:

SECT. 1. The statutes of the year of our Lord one thousand eight hundred and twenty-nine, chapter twenty, incorporating the Danvers Mutual Fire Insurance Company, shall be continued and remain in full force for the term of twenty years from and after the twelfth day of June, in the year of our Lord one thousand eight hundred and fifty-seven: provided, that said company shall be subject to all the duties, liabilities and obligations, and entitled to all the privileges set forth in the thirty-seventh and forty-fourth chapters of the Revised

Statutes, the four hundred and fifty-third chapter of statutes of the year one thousand eight hundred and fifty-four, and all other general laws which have been and may hereafter be enacted, relating to mutual fire insurance companies.

SECT. 2. The said Danvers Mutual Fire Insurance Com- Name changed. pany, shall hereafter be called and known by the corporate name of the South Danvers Mutual Fire Insurance Company. SECT. 3. This act shall take effect on and after its passage. [Approved by the Governor, March 10, 1856.]

AN ACT to amend an Act entitled, "An Act to authorize the Boston and Lowell

Railroad Company to alter the construction of a Bridge and the location there- Chap. 43.

of," passed on the twenty-first day of May, eighteen hundred and fifty-five. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows:

SECT. 1. So much of the second section of the act Partial repeal. passed on the twenty-first day of May, in the year eighteen hundred and fifty-five, entitled, "An Act to authorize the Boston and Lowell Railroad Company to alter the construction of a bridge and the location thereof," as provides that the said Boston and Lowell Railroad Company shall be subject to the general statutes which relate to railroad corporations, which have been or may be hereafter passed, relating to such corporations, is hereby repealed.

SECT. 2. This act shall take effect from and after its

passage. [Approved by the Governor, March 10, 1856.]

AN ACT to incorporate the Bowdoin Literary Association of Dorchester. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows:

Chap. 44.

SECT. 1. Elbridge Packard McElroy, Robert Vose, Jr., Corporators. Owen B. Brigham and their associates, members of the society known by the name and style of the Bowdoin Literary Association of Dorchester, with their successors, are hereby made a corporation by the name of the Bowdoin Literary Association of Dorchester, for the purpose of diffusing and Purpose. promoting general knowledge in the town of Dorchester;

with all the powers and privileges, and subject to all the Privileges, rerestrictions, duties and liabilities, set forth in the forty- strictions, &c. fourth chapter of the Revised Statutes.

estate not to ex

SECT. 2. The said corporation may hold real and per- Real and personal sonal estate, to be used for the purposes aforesaid, to an ceed $30,000. amount not exceeding the sum of thirty thousand dollars. [Approved by the Governor, March 10, 1856.]