THE GENERAL LAWS OF THE Commonwealth of Massachusetts, PASSED AT THE JANUARY SESSION, 1838. NOTE. [The omitted chapters are those which contain the Special Statutes.] CHAPTER 2. AN ACT RELATING TO WILLS OF PERSONAL ESTATE. Former law prospective only. ANY will of personal estate, executed before the first day of May, Former law proin the year eighteen hundred and thirty six, in conformity with the spective only. law existing at the time of the execution thereof, shall be effectual to pass such estate; any thing in the sixth section of the sixty second chapter of the Revised Statutes to the contrary notwithstanding. [January 26, 1838.] CHAPTER 14. AN ACT PROVIDING FOR THE APPOINTMENT OF BANK COMMISSIONERS. SECTION 1. Three commissioners, and tenure of their office. 2. To examine, yearly at least, all banks and institutions for savings. 3. Their powers; penalty for withstanding their examinations. 4. To examine any banks, &c. on direction of the governor. SECTION on: Clerk of commissioners. 6. Commissioners to make yearly reports 7. Oath of commissioners. 8. Not to disclose names of bank debtors 9. Their compensation. 5. When injunction shall be issued against 10. Reserved powers of the legislature. banks, &c., and proceedings thereup- 11. Act to take immediate effect. SECT. 1. There shall be appointed by the governor, with the advice of the council, on or before the first day of May next, three persons, to be styled bank commissioners, who shall exercise the Three commissioners, and tence ure of their of To examine, yearly at least, all banks and in stitutions for savings. Their powers; penalty for withstanding their examinations. To examine any rection of the governor. When injunction ceedings therecommissioners. upon: Clerk of powers and perform the duties hereinafter specified, for the term of three years, and until their successors are appointed and qualified: provided, however, that the person first named of said commissioners shall go out of office at the end of one year, and the person next named shall go out of office at the end of two years; but any person going out of office may be re-appointed; and provided, further, that the governor, with advice of council, may at any time remove from office any or all of said commissioners, and fill all vacancies. SECT. 2. Said commissioners, or some one of them at least, once in every twelve months, and as much oftener as they may deem expedient, shall visit every bank, and provident institution for savings, which has been or may be incorporated by the authority of this Commonwealth, and shall have free access to their vaults, books and papers, and shall thoroughly inspect and examine all the affairs of said corporations, and make any and all such inquiries as may be necessary to ascertain the condition of said corporations, and their ability to fulfil all the engagements made by them, and whether they have complied with the provisions of law applicable to their transactions. SECT. 3. Said commissioners, or either of them, may summon and examine, under oath, all the directors, officers or agents of said corporations, and such other witnesses as they may think proper, in relation to the affairs, transactions and condition of said corporations; and any such director, officer, agent, or other person, who shall refuse, without justifiable cause, to appear and testify when thereto required as aforesaid, or who shall obstruct, in any way, any commissioner in the discharge of his duty, as prescribed in this act, shall, on conviction, be subject to a fine not exceeding one thousand dollars, or imprisonment for a term not exceeding one year. SECT. 4. In addition to the examinations herein provided for, banks, &c. on di- said commissioners, or a majority of them, shall, whenever directed by the governor, visit any bank or provident institution for savings, which may be designated by him, and make a full investigation of the affairs of such corporation in the manner herein before provided. SECT. 5. If, upon examination of any bank or provident institution for savings, a majority of said commissioners shall be of opinion, that the same is insolvent, or that its condition is such as to render its further progress hazardous to the public, or to those having funds in its custody, and also, that the said bank or provident institution for savings has exceeded its powers, or has failed to comply with all of the rules, restrictions and conditions provided by law, they may apply to some one of the justices of the supreme judicial court, to issue an injunction to restrain such corporation, in whole or in part, from further proceeding with its business, until a hearing of the said corporation can be had; and said justice shall forthwith issue such process, and after a full hearing of said corporation upon the matters aforesaid, may dissolve or modify the said injunction or make the same perpetual, and make such orders and decrees to suspend, restrain or prohibit the further prosecuting of the business of such corporation as may be needful in the premises, according to the course of chancery proceedings, and, at his discretion, may appoint agents or receivers to take possession of the prop erty and effects of the corporation, subject to such rules and orders, as may from time to time be prescribed by the supreme judicial court or any justice thereof, in vacation. And said commissioners shall have power to appoint a clerk of their board, prescribe his duties, and fix his compensation, whenever the public good may in their opinion demand such appointment. reports to the shall be laid be SECT. 6. Said commissioners, in the month of December an- Commissioners nually, shall make a report to the governor, of the general conduct to make yearly and condition of the corporations visited by them; and in case any governor, which one or more of said corporations have, in the opinion of the com- fore the legisla missioners, essentially violated any law of this Commonwealth, they ture. shall make a special report on the subject of such violation, containing such statements and remarks as they may deem expedient; and all reports made by said commissioners, shall be laid before the Legislature at their next session. sioners. SECT. 7. Before entering on the duties of their office, said Oath of commis commissioners shall severally make oath, before some justice of a court of record, or before any two justices of the peace within this Commonwealth, a certified copy of which shall be returned, within thirty days, to the office of the secretary of the Commonwealth, that they will faithfully and impartially discharge and perform all the duties incumbent upon them in their said office, agreeably to the constitution and laws of this Commonwealth, according to their best abilities and understanding. names of bank SECT. 8. Neither the said commissioners nor their clerk shall Not to disclose disclose the names of the debtors of any monied corporation exam- debtors unnecesined by them, nor impart any information obtained by them in the sarily. course of such examination, excepting so far as may become necessary in the performance of their duties. SECT. 9. Each of the aforesaid commissioners shall receive, as Their compensaa compensation for his services, six dollars for each and every day tion. employed by him in the performance of the duties prescribed by this act, together with the same allowance for travel now made by law to the county commissioners; and the governor is hereby authorized to draw his warrants on the treasury therefor, and for the compensation prescribed for the services of a clerk of said commissioners, according to the fifth section of this act. lature. SECT. 10. Nothing contained in this act shall affect, impair or Reserved powdiminish the power reserved to the Legislature, by the fortieth sec-ers of the legis tion of the thirty sixth chapter of the Revised Statutes, or prevent the Legislature from exercising, at any time, the powers and duties therein mentioned. SECT. 11. This act shall take effect from and after its passage. Act to take im[February 23, 1838.] mediate effect. CHAPTER 21. AN ACT CONCERNING JURIES. Senators and Representatives not liable as Jurors during session. No member of the senate or of the house of representatives, or the officers of either of those branches, shall, during the session of the general court, be required to perform the duty of a juror. [February 28, 1838.] CHAPTER 23. Bounty to be paid from town treasuries. Prerequisite evidence. Certificate. Sums paid to be reimbursed by SECTION AN ACT TO ENCOURAGE THE PRODUCTION OF WHEAT. 1. Bounty to be paid from town treasu- 2. Prerequisite evidence. Certificate. SECTION 4. Bounty for largest quantity raised in a county, if not less than 500 bushels. 5. Provision for inhabitants of unincorporated places. 6. Secretary to furnish treasurers with forms of certificates. SECT. 1. There shall be allowed and paid as a bounty to the person who shall raise fifteen bushels of well cleansed wheat, two dollars, and for every additional bushel above fifteen bushels, five cents, from the treasury of the city or town where said person shall reside. SECT. 2. Before any person shall be entitled to receive the bounty herein provided, he shall prove, to the satisfaction of the treasurer of the city or town in which such person shall reside, that the wheat, for which said bounty is claimed, was raised, or caused to be raised by him, and shall produce a certificate, signed and sworn to as follows: 18-. I do hereby certify, that I have raised within the Commonwealth of Massachusetts, during the year bushels of well cleansed wheat, for which I claim the bounty provided by law therefor. I further certify, that said wheat is my property, and has not received a bounty from the treasurer of any city or town whatever. Signed, day of personally appeared the and made solemn oath, that the above cer SS. On this Before me, Justice of the Peace. SECT. 3. The treasurers of the several cities and towns shall state treasurer, if keep an account of the money by them paid out by virtue of this claim be proper- act, and present the same, verified by oath, to the secretary of the ly and seasonably made. Bounty for largest quantity raised in a county, if not less Commonwealth, to be by him laid before the governor, who is hereby authorized, with the advice of council, to draw a warrant on the treasury for the reimbursement of the money so paid out: provided, no claim for such reimbursement shall be allowed, which is not presented previous to the last day of January next after the production of the wheat for which a bounty shall be claimed. SECT. 4. The sum of one hundred dollars shall be paid to the person who shall raise in any county in this Commonwealth in any one year, the greatest quantity of well cleansed wheat, not less than than 500 bushels. five hundred bushels on one farm, and present a satisfactory certificate thereof, verified by oath, to the secretary of the Common wealth, to be by him laid before the governor, who is hereby authorized, with advice of council, to draw a warrant on the treasury therefor. habitants of un SECT. 5. All persons residing in unincorporated places, upon Provision for inproviding [producing?] the certificates required by the second sec- incorporated tion of this act, to the treasurer of the nearest incorporated town, places. shall be entitled to the same bounty as persons residing in said town. SECT. 6. The secretary of the Commonwealth shall seasonably Secretary to furfurnish the treasurers of the several cities and towns with the follow-nish treasurers ing blank form of certificate: Statement of Wheat raised in the year 18—. with forms of certificates. And the treasurers of the several cities and towns shall obtain from the persons who claim the bounty of the Commonwealth, full and satisfactory answers to the inquiries proposed in the foregoing statement, and shall return the same, attested by said treasurers, together with the account named in the third section of this act, to the secretary of the Commonwealth. [March 2, 1838.] CHAPTER 26. AN ACT RELATING TO THE PROBATE COURT IN THE COUNTY OF NANTUCKET. Times of Session. THE probate court, for the county of Nantucket, shall be here- Times of session. after holden on the first Thursday of every month. [March 3, 1838.] CHAPTER 28. AN ACT RELATING TO THE PARTITION OF REAL ESTATE. Probate Courts may authorize payment of money, when equal division of real estate would injure the owners. In all cases in which commissioners may be appointed by the pro- Probate courts bate court, pursuant to the provisions of the one hundred and third may authorize payment of mo |