THE GENERAL LAWS OF THE Commonwealth of Massachusetts, PASSED AT THE JANUARY SESSION, 1842. NOTE. [The omitted chapters are those which contain the Special Statutes.] CHAPTER 1. AN ACT TO ALTER THE TIMES OF HOLDING THE MAY AND SECTION 1. Times for commissioners' meetings changed. 2. Proceedings not to be affected by SECTION change of the times of meeting. 3. When to take effect. SECT. 1. The meetings of the county commissioners for Times for comthe county of Middlesex, which are now, by law, required missioners' to be holden in Concord, on the second Tuesday of May changed. meetings and the third Tuesday of September, shall hereafter be holden at the same place, on the first Tuesday of June and the first Tuesday of September, instead of the times aforementioned. SECT. 2. The same proceedings shall be had, at the said Proceedings meetings, on all matters which now are or may be pending not to be affectbefore said commissioners, as would have been had if the the times of said alterations had not been made. ed by change of meeting. SECT. 3. This act shall take effect from and after its When to take passage. [January 24, 1842.] effect. Secretaries of companies to make up re CHAPTER 9. AN ACT IN RELATION TO RETURNS FROM MUTUAL INSUR. SECTION 1. Secretaries of companies to make SECT. 1. SECTION 2. Forfeiture for neglect to make, &c. returns. 3. Blank forms of returns to be furnished by secretary of Commonwealth. The secretary of each mutual marine and mutual fire and marine insurance company in this Commonturns, yearly, Wealth, shall make annual returns of the state and condition of the affairs of the company, made up to the first day of December, in each year, according to the following form: to the 1st of December. Form of returns. Form of a Return for Mutual Marine or Mutual Fire and Debts due to the company and how originated (other than notes All other property, specifying of property and stock, Losses paid during the year ending De- Return premiums paid or credited during Losses paid on fire risks during same time, Do. do. do. do. do. fire risks, Amount of premium on fire risks, Amount of fire risks terminated, Amount of premium on fire risks terminated, Amount of undetermined marine risks, Amount of premium on undetermined marine risks, Amount of undetermined fire risks, Amount of premium on undetermined fire risks, Amount of debts owed by the company, other than those for losses above mentioned, state for what and how secured, Highest rate of interest received, Highest rate of interest paid, Amount of liability of parties insured, to assessment over and above the amount paid for premium and deposit money, Amount of premiums included in the assets which the assured have the right to have endorsed on notes making part of the assets above mentioned, Amount of delinquent notes included in the assets above, Amount of dividends made during the last five years, or since incorporated, if incorporated less than five years, Form of returns. which return shall be transmitted to the secretary of the Returns to le Commonwealth on or before the fifteenth day of Decem- sworn to and ber, in each year, and shall be signed by the president and transmitted to secretary of such insurance company, who shall make oath Commonbefore some justice of the peace to the truth of said return, according to their best knowledge and belief. secretary of wealth. make, &c. re SECT. 2. Every such insurance company neglecting to Forfeiture for comply with the provisions of the preceding section, shall neglect to forfeit to the use of the Commonwealth, to be recovered by turns. the treasurer thereof, one hundred dollars for each and every day's neglect. SECT. 3. The secretary of the Commonwealth shall fur- Blank forms of nish four printed copies of the form of the return required returns to be furnished by by this chapter, to the secretary of every such insurance secretary of company, in the months of March or April annually. Common[February 15, 1842.] wealth. Former law ex ston and Fal mouth. CHAPTER 10. AN ACT FOR THE PROTECTION OF THE SHELL FISHERY IN Former law extended to Kingston and Falmouth. The provisions of the fifty fifth chapter of the Revised tended to King- Statutes, so far as the same relate to certain towns enumerated in the thirteenth section of said chapter, are hereby made to extend and apply to the towns of Kingston and Falmouth, as fully and effectually as if the names of said towns had been inserted in said section. [February 21, 1842.] Provision for titions from the into supreme SECTION CHAPTER 14. AN ACT CONCERNING PETITIONS FOR PARTITION. SECTION 1. Provision for removal of petitions 2. Former proceedings, in the court of common pleas, protected. 3. When to take effect. SECT. 1. Petitions for partition may be commenced either removal of pe- in the court of common pleas or in the supreme judicial common pleas Court; but, whenever a petition for partition is commenced in the court of common pleas, any respondent may, at the first term of his appearance in said court, remove the same to the supreme judicial court, by making such an affidavit as is now required to remove actions in which the damages exceed three hundred dollars. court. Former pro court of com tected. SECT. 2. No judgments, decrees, or doings of the court ceedings, in the of common pleas, in matters concerning petitions for partimon pleas, pro- tion, made or done since the passage of an act passed the twenty third day of March in the year one thousand eight hundred and forty, entitled "An Act concerning the supreme judicial court and the court of common pleas," shall be void or voidable for want of jurisdiction in said court of common pleas over petitions for partition. When to take effect. SECT. 3. This act shall take effect from and after its passage. [February 21, 1842.] CHAPTER 15. AN ACT RELATING TO ALLOWANCE TO BE MADE TO WIDOWS Limited allowance to minor children of deceased persons authorized, if there be no widow. children of de The second section of the one hundred and forty fifth Limited allowchapter of the statutes of the year one thousand eight hun- ance to minor dred and thirty eight, is hereby extended so as to empower ceased persons judges of probate to make an allowance to the minor child authorized, if or children of any deceased person, in cases where there is there be no no widow provided, that no allowance to any child shall exceed fifty dollars. [February 21, 1842.] widow. ance companies SECT. 1. From and after the first day of March, in the Secretaries of year one thousand eight hundred and forty two, the secretary certain insurof each insurance company in the Commonwealth, with spe- to file notice, cific capital, and those denominated marine mutual insu- with secretary rance companies, shall file a notice of the acceptance, refu- of Commonsal, or discontinuance of their respective charters, with the ceptance, refusecretary of the Commonwealth, within ten days of such sal, &c. of acceptance, refusal, or discontinuance thereof. wealth, of ac charters. acceptance SECT. 2. In case the proprietors of any charter hereafter Future charters granted for an insurance company shall not notify the sec- to be void, unretary of the Commonwealth of their acceptance of the less notice of same, within one year from the passage of their act of in- thereof be given corporation, said charter shall be void. [February 22, within a year. 1842.] CHAPTER 22. AN ACT RELATIVE TO RAIL-ROADS. Provision for application to county commissioners, at the expense of the prevailing party, to decide whether the raising or lowering of a highway crossed by a railroad shall be made by the corporation which owns the rail-road. If the selectmen of any town, or the mayor and alder |