Purpose and ing union dis tricts. SECT. 1. Any two or more contiguous school districts, in this manner of form- Commonwealth, may associate together and form a union district, for the purpose of maintaining a union school, to be kept for the benefit of the older children of such associated districts, if the inhabitants of each of such districts shall, at legal meetings called for that purpose, agree to form such union by a vote of two thirds of the legal voters thereof. Corporate powers of such districts. Manner of call meetings. SECT. 2. Every union district thus formed shall be a body corporate, with the corporate powers of other school districts, in relation to prosecuting and defending suits at law, and holding real and personal property, and shall be called by such name as said district at its first meeting shall determine. SECT. 3. The first meeting of such union district shall be called ing and warning in such manner, and at such time and place, as may be agreed upon by the associated districts respectively, by a vote of the same, at the time of forming the union; and the union district may, from time to time thereafter, prescribe the mode of calling and warning the meetings thereof, in like manner as other school districts may do, and may also determine at what time its annual meetings shall be held. Clerk to be cho sen and sworn; his duties, and tenure of office. Power of dis tricts as to raisbuild, &c. school houses, &c. ing money to Provision as to location of houses, and choice of committee. SECT. 4. Such union district, at the first meeting thereof, shall choose, by ballot, a clerk, who shall be sworn in the same manner and shall perform the same duties as are prescribed in relation to the clerks of other school districts, and shall hold his office until another shall be chosen in his stead. SECT. 5. Such union district may, at any legal meeting called for that purpose, raise money for erecting, purchasing, renting and repairing any building to be used as a school house for the union school aforesaid, and purchasing or renting land for the use and accommodation thereof; also, for purchasing fuel, furniture, and other necessary articles for the use of said school, and in assessing and collecting a tax or taxes for the above purposes, the like proceedings shall be had as are prescribed by law for other school districts said district may also determine where said school house shall stand, and in case the location thereof should not be so deter mined by said district, the same shall be referred to the selectmen of the town, in the same manner as is provided in the case of other districts said district may choose any committee to carry into effect the provisions aforesaid. mittee of such SECT. 6. The prudential committees of the respective districts Who shall be forming the union district, shall, together, constitute the prudential prudential comcommittee of said district, who shall have all the powers, and dis- districts. charge all the duties, in relation to said school and the school house Their powers. of said district, as are prescribed to other prudential committees in relation to the schools and school houses in their respective districts. SECT. 7. The prudential committee of the union district shall Such committee to determine also determine the ages and qualifications of the children of the assoages, &c. of puciated districts, who may attend the union school, and shall also pils, and the prodetermine what proportion of the money, raised and appropriated by portion of money to be expended, the town for each of the districts composing the union district, shall subject to vote of be appropriated and expended in paying the instructor or instructors district. of the union school; subject, however, in both the above cases, and in all other matters relating to said school, to any votes of said union district that may be passed at any legal meeting thereof: provided, however, that the schools in each of the associated districts shall continue to be maintained in the same manner as if this act had not been passed. to extend to SECT. 8. The school committee of the town in which such Town commitunion district may be located, shall have the same powers, and perform tee's power, &c. the same duties, in relation to such Union school, as are prescribed union districts. to them in relation to other district schools. [April 25, 1838.] CHAPTER 190. AN ACT CONCERNING THE SALE OF THE REAL ESTATE OF MINORS. SECTION 1. Minor's real estate may be sold, for certain purposes, on petition of a friend, though he be not guardian: Who may be empowered to sell: Rules as to li SECTION censes for such sales. 2. By whom proceeds of sale shall be dis- certain though he be not SECT. 1. The estate of any minor may be sold for the purpose Minor's real esof investing the proceeds as is provided in the seventy second chap- tate may be sold, ter of the Revised Statutes, upon the petition and representation of poseerpurposes, on petiany friend of the minor, although such petitioner be not the legal tion of a friend, guardian; and in such case the court may authorize the guardian or guardian. any other suitable person, to convey the estate; and also when the Who may be sale is ordered on the petition of the guardian of a minor, the court empowered to may, in their discretion, authorize any suitable person, other than the sell. guardian, to sell and convey the estate. And all the rules which are Rules as to liin said seventy second chapter prescribed with regard to a license on censes for such the petition of the guardian, and a sale by him, excepting as to the disposition of the proceeds of the sale, shall be applied to a license and sale under this act. SECT. 2. In case of a sale by any person other than the guardian, as provided in the preceding section, the proceeds of the sale sales. By whom proceeds of sale shall be disposed of. shall be forthwith paid over to the guardian, if there be any, to be by him put out and invested in like manner as if the sale had been made by himself, under the provisions of the said seventy second chapter; and if there be no guardian, the proceeds shall be put out and invested by the person who is authorized to sell the estate, in like manner as is required to be done by a guardian, when the sale is made by him. [April 25, 1838.] Stockholders' yearly meeting may be on any day in October. Directors may be removed, and at any special meeting. SECT. 1. The twenty second section of the thirty sixth chapter of the Revised Statutes, is so far amended, that the annual meeting therein prescribed for the choice of directors in the banks of this Commonwealth, may be hereafter held by the stockholders in any bank on any day in the month of October which may be appointed by the by laws of said bank; said meeting to be notified and conducted according to the provisions of said section. SECT. 2. Directors of a bank may be removed and vacancies Vacancies filled, resulting from such removal, and all other vacancies, may be filled at any special meeting of the stockholders, called and notified according to the provisions of the thirty sixth chapter of the Revised Statutes: provided, that no director shall be so removed, unless the notification of such meeting shall state, that a change in the board of directors is contemplated. Cashiers' bonds SECT. 3. So much of the twenty seventh section of said chapter as provides, that no bonds shall be taken from the cashier of any bank to a greater amount than fifty thousand dollars, is hereby repealed. SECT. 4. Any bank in discounting notes of hand, payable at any other place than where such bank is established, may charge, in addition to interest, the then existing rate of exchange, in like manner that are payable as the same may now be charged by such bank on bills of exchange Banks may charge for exchange on discounted notes at other places. Notice, that shall exonerate direc and drafts. SECT. 5. So much of the twelfth section of said chapter as retors, to be given quires notice to be given, in the cases therein mentioned, to the governor and council, and to the stockholders of any bank, is hereby repealed; and any director shall be exonerated, according to the pro to a bank commissioner. visions of that section, by giving notice, in the manner therein provided, to either of the bank commissioners. loans to direc authorized by SECT. 6. No bank shall have due to it, at any time after the first Limitation of Monday in October next, either directly or indirectly, from any one tors, unless a of its directors or officers, or from any partnership of which any di- larger loan is rector or officer is a member, as principal, surety or endorser, upon vote of stocknotes, checks, drafts, or other security, a sum greater than eight per holders. cent., or more than forty thousand dollars, or from its whole board of directors, a sum greater than thirty per cent, of its whole capital stock, unless the stockholders, at a legal meeting, shall, by express vote, authorize a greater sum; and no vote shall be valid for that purpose for a longer period than one year and thirty days from the passing thereof, nor unless it shall name the greatest amount to be so authorized; and no person shall be a director in any bank whose whole amount of stock in said bank shall be pledged. SECT. 7. After the first day of July next, no bank shall purchase or hold its own stock, except as security for debts; and stock received as security shall be sold within six months after it shall have become the property of the bank. No one to be a director whose hold their own security, and to sell it when it stock, except as becomes their own. Cashiers not to be directors. SECT. 8. No cashier of any bank shall be a director thereof. SECT. 9. The directors of every bank shall cause to be kept a Record to be record of the names and proceedings of all the directors, who may kept of names be present at any meeting of the board, when assembled for the pur- of all directors and proceedings pose of making discounts, or transacting any other official business present at meetings for discountrelating to the bank. ing, &c. SECT. 10. The secretary of the Commonwealth shall, as soon Act to be transas may be, transmit a copy of this act to each bank in this Common- mitted to banks. wealth; and no bank incorporated prior to the first day of May, in accept it, or not the year one thousand eight hundred and thirty six, shall be entitled receive its privileges. to the privileges granted by this act, unless the stockholders shall, at a legal meeting, accept the said act. [April 25, 1838.] Certain banks to 15 APPENDIX. RESOLVE FOR THE DUE ENROLMENT AND PROMULGATION OF THE TWELFTH Preamble. Census to be ta WHEREAS, the specific article of amendment hereafter recited, was proposed in the general court of this Commonwealth, elected for the year of our Lord one thousand eight hundred and thirty five, as an amendment to the constitution of the said Commonwealth, and was agreed to by a majority of the senators and two thirds of the house of representatives, present and voting thereon, and was thereupon entered upon the journals of the two houses, with the yeas and nays taken thereon, and was afterwards referred to the general court elected and returned for the year one thousand eight hundred and thirty six, and published as by the constitution is required and whereas the said specific article of amendment was also agreed to by a majority of the senators, and two thirds of the house of representatives, of the last mentioned general court, present and voting thereon; and the said article of amendment was afterwards duly submitted to the people of this Commonwealth, in order that, if the same should be approved and ratified by a majority of the qualified voters, at meetings legally warned and held for that purpose, the same might become a part of the constitution of this Commonwealth and whereas it appears, by the returns of votes duly made and transmitted to the secretary's office from the several cities, towns and districts of this Commonwealth, that, at meetings legally warned and held for that purpose, in the said cities, towns and districts, on the fourteenth day of November last, the said specific article of amendment has been duly approved and ratified by a majoriof the qualified voters of the said Commonwealth, voting thereon as required by the constitution; and the said article of amendment has accordingly become a part of the constitution of this Commonwealth. ty ARTICLE OF AMENDMENT. In order to provide for a representation of the citizens of this ken in May, 1837, Commonwealth, founded upon the principles of equality, a census of tenth year after the ratable polls in cach city, town, and district of the Commonwealth, on the first day of May, shall be taken and returned into the and in every wards. |