SECT. 3. Such proprietors may hold real or personal estate, to CHAP. 84. the amount of five thousand dollars. Right to hold Officers, by laws, and pro SECT. 4. Any seven or more proprietors may, at such meeting, property. choose a moderator, clerk, librarian, treasurer and such other officers, 1821, 141, § 1. as may be necessary; and the clerk shall be sworn; and the treasurer shall give bond, with sufficient sureties, to said proprietors by ceedings. 1821, 141, § 2. their corporate name, faithfully to account for all moneys he may receive; and may also raise moneys, by vote and assessment on the several shares, as they may deem necessary or proper; and make by laws for the regulation of their concerns, not repugnant to the laws of the state, and annex penalties to their breach, not exceeding three dollars. name. SECT. 5. Such proprietors, so incorporated, shall be called by Corporate the name of "the proprietors of the social library in the town (or 1821, 141, § 3. plantation) of " and by that name may sue and be sued; and when there shall be more than one such library in said town or plantation, they shall be distinguished, by prefixing to the name, the word, "second," "third," according to the dates of incorpo ration. societies. SECT. 6. Any seven or more officers, in any division of militia, Military library who shall in writing associate themselves, for the purpose of form- 1821, 141, § 4. ing a military library society within the limits of the division, may become a body politic by that name, in the same manner as is prescribed in the first section of this chapter; except, that the notice shall be given, as aforesaid, in every town included in the division, twenty days before the meeting, or published in some newspaper printed within the limits of such division, for such time; and at such meeting, they may exercise all such powers, as are enumerated in the first section of this chapter. ry associations. SECT. 7. Any seven persons, who may have associated in writ- Literary and ing, for the purpose of forming themselves into a society for hold- scientific libraing, preserving and increasing a library of a literary and scientific 1830, 460, § 1. character, for their use, or for any other literary or scientific purpose, may procure their incorporation, in like manner and with like powers, as are mentioned in the first section of this chapter, under any name and style, they may see fit to adopt. tions. SECT. 8. In every county, where five or more attorneys, admit- County law lfted to practice in the district court, do or shall reside, it shall be brary associalawful for any five of them, to procure themselves and the other 1821, 141, § 5. attorneys, resident in the county, to be incorporated in the manner prescribed in the first section of this chapter, and the notification required, if posted up in some conspicuous part of the court house in such county, seven days previous to their meeting, shall be sufficient; and may take the name of "the trustees of the law library in the county of ;" for the purpose of organizing the establishment of a law library in such county; and at such meeting which shall be held at some term of the district court in such county, they may choose a clerk, librarian, and treasurer, who shall all be sworn to the faithful discharge of their duty, and hold their offices during the pleasure of the corporation; and make all lawful regulations necessary; at which meetings the oldest member present, of the bar of the county, shall preside. CHAP. 84. SECT. 9. The treasurer of each library association, under the Duties of treas- direction of the said trustees, shall apply all moneys received of the county treasurer, with all bequests and donations, to form a law library, under the appointed regulations; and the clerk shall keep an exact record of all the proceedings of the association. urer and clerk 1822, 192, § 3. thereof. Same subject. 1822, 192, § 3. SECT. 10. The treasurer shall keep an exact account of all moneys, donations and bequests, belonging to such association, which he shall, annually, settle with the association on oath, in such manner as shall be prescribed; and the said treasurer, librarian and the clerk shall be answerable for all misfeasance, in an action by the association. The treasurer shall, annually in January, and before the second Wednesday, deposit in the office of the state treasurer a statement of the funds received, the year preceding, by such association. Warrant for lands. CHAPTER 85. OF MANAGEMENT OF LANDS, WHARVES, AND OTHER REAL ESTATE, SECT. 1. Warrant for calling meetings. 2. To whom directed. 3, 4, 5. Modes of giving notice. 6. Officers, and manner of calling 7. Officers to be sworn. 8. Proceedings at meetings, and by 9. How votes are to be counted. 11. Prosecution and defence of ac- SECT. 12. Raising and assessment of moneys. 13. Publication of assessment. 16. Treasurer's power and duties. 18. Proprietors' records, how preserv ed. 19. Certain corporate powers continued, after final division. SECTION 1. When any five, or a major part of the proprietors calling meet- of lands lying in common are desirous of a meeting of the proprieings of proprietors of common tors, and shall apply to a justice of the peace throughout the state, or a justice of the peace for the county, in which the lands lie, he may issue his warrant for calling such meeting, at the time and place and for the purposes, distinctly stated in such application, which shall be in writing, and signed by such applicants or their agents. 1821, 43, § 1. To whom directed. 1821, 43, § 1. Mode of giving SECT. 2. Such warrant may be directed to one of the proprietors, requiring him to notify said proprietors, of the time and place of the intended meeting, and the purposes of it. SECT. 3. If the lands lie in one or more incorporated towns, a notice in writing shall be posted up in some public place within each town, in which any of said lands lie, and published in the newspaper published by the printer to the state, and in one of the newspapers printed in the county, where the lands or any part thereof lie, fourteen days before such meeting. SECT. 4. If such lands do not lie in any incorporated town, CHAP. 85. such notice shall be published in the newspaper, published by the Same subject. printer to the state; and in one other newspaper, if such there be, 1821, 43, § 1. in the county, where such lands or any part thereof lies, four weeks, successively, next before such meeting. SECT. 5. Such meeting may be warned, by posting up written Same subject. notifications in some public place, in each and every town and 1821, 43, § 1. plantation, where any one of said proprietors may reside, fourteen days before the time appointed for the meeting. manner of cal SECT. 6. At such meeting, so many as assemble in person, or Officers, and by attorney, may choose a moderator, a clerk, a treasurer, assessors, ling future collector or collectors of taxes, committees and all other needful meetings. officers; and by vote decide upon the manner, in which future 1821, 43, § 1. meetings may be called and notified. sworn. SECT. 7. Such clerk shall be duly sworn, and record all votes Officers to be passed at all meetings; and the treasurer, assessors and collectors 1821, 43, § 1, 5. shall be also duly sworn by the moderator or a justice of the peace. by laws. SECT. 8. The proprietors may pass votes, as to the management, Proceedings at improvement, division and disposition of said lands or wharves, b and annex penalties to the breach of them, not exceeding three 1821, 43, § 1. dollars for one offence; provided, such orders or by laws shall be approved by the county commissioners of the county, where the lands may lie; and the penalties shall be disposed of, as said proprietors may direct. SECT. 9. At all meetings of said proprietors, the votes shall be collected and counted according to the interest, which each proprietor has in the common lands, where the same is known. How votes are to be counted. 1821, 43, § 1. ' unless specified SECT. 10. No business shall be acted upon at any meeting, No business to except it be distinctly expressed in the warrant for such meeting; be transacted, and the moderator shall cause all doubtful votes to be made certain, in the warrant. numbering according to the interest of each proprietor. SECT. 11. Said proprietors may prosecute and defend any suits, by their agent duly appointed, and the certificate of the proprietor's clerk shall be evidence of such agency. 1821, 43, § 1, 2. Prosecution actions. moneys. SECT. 12. At any legal meeting, said proprietors may vote, or Raising and asorder the raising of, any money for bringing forward, completing the sessment of settlement of, or managing or improving said lands, or which shall 1821, 43, § 4. be for the common good of the proprietors; and apportion such sum or sums, so raised, upon the several rights of the proprietors, according to their several interests therein. assessment. 1821, 43, § 4. SECT. 13. The treasurer, collector or committee of the pro- Publication of prietors shall publish the apportionment of the sun, thus raised upon the several proprietors, in the same manner in which a meeting of the proprietors is to be notified, according to the provisions of this chapter. 1821, 43, 4. 5 Greenl. 345. SECT. 14. If any proprietor shall neglect to pay, to the treas- Payment enurer, collector or committee, his proportion of the money raised, for forced by sale. the term of six months, if he resides in the state, or the term of 4 Greenl. 237. twelve months, if he resides without the state, then the committee 7 Greenl. 404. of the proprietors may, from time to time, sell at public auction so much of each delinquent's proportion or right, of and in the common lands, as will be sufficient to satisfy and pay his tax and the CHAP. 85. reasonable charges of sale; after notice of such intended sale, posted up in the manner before mentioned, and published in two of the newspapers before named, five weeks successively next before the time of sale: and said committee may give deeds of the land sold to the purchaser, to hold in fee simple. Right of redemption. 1821, 43, § 4. Treasurer's power, and duties. 1821, 43, § 5. Management of Proprietors' records, how preserved. SECT. 15. The proprietor of the right or proportion, so sold, may redeem the same, at any time within twelve months, by paying to such committee the sum for which the same was sold, with twelve dollars for each one hundred dollars produced by such sale, and in that proportion for a less or greater sum. SECT. 16. The treasurer may sue for and collect all debts, due to the proprietors, and shall render his account of all moneys, received and paid; and hold his office during the pleasure of the proprietors. SECT. 17. The proprietors of such lands, by a majority of those present at any legal meeting, may order, manage, improve, divide or dispose of the same, as they may decide upon; and any proprietor may vote in person, or by attorney appointed in writing. SECT. 18. After a final division of the common property of the proprietors, they shall cause their records to be deposited in the 1821, 43, § 3, 9. office of the clerk of the town, in which such lands or a part of them may lie; and such town clerk may record votes and certify copies of such records, in like manner as the proprietors' clerk might have done; and the last clerk chosen shall continue in office, till the records are so deposited. Certain corpo rate powers ter final division. 1821, 43, § 7. SECT. 19. Such a final division shall not dissolve the corporacontinued, af- tion, till the end of ten years thereafter; but the last proprietors in common and their heirs shall continue in their corporate capacity, and retain their corporate powers for collecting all debts due to the corporation, and remain liable to pay all debts due therefrom; and may call and hold meetings, vote and raise assessments for payment of their debts, and all other charges necessary for closing their business. Manner of calling a meeting of mill owners. 1829, 437, § 1. CHAPTER 86. OF MILLS AND THEIR REPAIRS. SECT. 1, 2. Manner of calling a meeting of SECT. 6. Proceedings, if a part owner be a mill owners. 3. Owners of a moiety or more, may 4. How to be reimbursed. 5. Special contracts not affected. minor, and in certain other cases. 7. Owners of grist mills, to furnish scales for weighing grain. 8. Toll established. SECTION 1. When any owner of a mill, or of the dam necessary to the working thereof, is of opinion, that it is necessary the same should be rebuilt or repaired, in whole or in part, on his written application to a justice of the peace in the county where such mill or dam is situate, to call a meeting of the owners, expressing the object, time and place of the meeting, such justice may issue his warrant for the purpose, directed to such owner; which shall be CHAP. 86. published in some newspaper, if there be any printed in said county, three weeks successively, the last publication to be not less than ten nor more than thirty days before the meeting; or a true copy of such notification may be delivered to each of said owners, or left at his last and usual place of abode; either of which kinds of notice shall be binding on all the owners. SECT. 2. When such mill dam shall be situated, partly in one Same subject. county and partly in an adjoining county, then such application for said meeting may be made to a justice of the peace in either of such counties. rebuild. SECT. 3. At such meeting, whether all the owners shall attend owners of half or not, the owners in interest of at least one half of such mill or or more may dam, may rebuild or repair the mill or dam or both, so far as to 1821, 45, § 13. make them serviceable; and shall be reimbursed and paid such 4 Mass. 559. sums, as they or any of them shall have advanced thereon, beyond their respective proportions, with interest for the same, in the mean time, out of said mill or the profits. SECT. 4. If such sums shall not be reimbursed by the profits of How to be rethe mill, or paid by the persons neglecting or refusing to join in imbursed. 1821, 45, § 13. rebuilding or repairing the same, within six months after such work shall have been completed, the proprietors, who have advanced such sums may lawfully charge one per cent. a month, on the amount so advanced, from the end of six months, till the same shall be reimbursed or paid as aforesaid; and in case of the death of any delinquent owner, or any alienation of his interest in the premises, the advancing owners shall, notwithstanding, have a continuing lien upon his shares or title in said mill or dam, for the purpose of the reimbursement of the expenses of such rebuilding or repairing. SECT. 5. Nothing, however, in the preceding section, shall be Special conconstrued to impair or affect any special contract, made by the tracts, not af owners, respecting the building or repairing such mill or dam. 1821, 45, ģ SECT. 6. Where any part of such mill or dam shall be, at the Proceedings, if time of meeting and notice, held and possessed by minors, married a part owner be women, tenant by curtesy, in tail, for life or years, or by mortgager certain other or mortgagee, the guardians of such minors, husband [s] of such married woman, in her right, and such tenant, or mortgager, or mortgagee, shall be deemed, for the purposes of this act, the proprietor or proprietors thereof, and shall be notified and vote, and contribute accordingly; and all advances, made by them respectively, on account of such minors, heirs of such married women, those in remainder or reversion, or the other party in the mortgage, if not paid, shall be recoverable, in a special action on the case, with interest. fected. 13. a minor, and in 1821, 45, § 14. scales for SECT. 7. The owner of every grist mill shall keep, in his mill, Owners of grist scales and weights to weigh corn, grain and meal, when required; mills, to furnish and for neglecting to be so provided with them, or refusing to weigh weighing grain. corn, grain or meal, when required, or taking more than lawful toll, 1821, 45, § 15. he shall forfeit five dollars, to be recovered, by action of debt, with costs, before any justice of the peace, for the county where the offence shall be committed. SECT. 8. The toll for grinding, cleansing and bolting all sorts Toll established of grain, shall not exceed one sixteenth part thereof. 1821, 45, § 16. 1839, 365. |