Repeal, return, &c. [* May and December1825 ch. 146.] rity of the same, That the first section of an act, entitled "An Act directing the mode of making returns of the several incorporated Banks in this Commonwealth, to his Excellency the Governor, and the honourable Council," made and passed on the twenty-seventh day of February, in the year of our Lord one thousand eight hundred and thirteen, be, and the same is hereby repealed. SECT. 2. Be it further enacted, That from and after the When to make passing of this act, the directors of every bank which is or may be incorporated within this Commonwealth, shall, on the first Saturday of January and June* in every year, make a return of the state of such bank as it existed, at two o'clock, afternoon, of the Saturday aforesaid, and shall transmit the same as soon as may be, not exceeding fifteen days, to the secretary of this Commonwealth, which return shall specify the amount due from the bank, designating, in distinct columns, the several particulars included therein, and shall also specify the resources of the bank, designating, in dis[Further parti- tinct columns, the several particulars included therein, and -1825 ch. 146. the said return shall be in the following form, viz :— culars required five dol- der five tion Bills or Net pro-Balan- Cash de- Cash Total posited, depos- amount notes in fits on ces due to including ited due from hand circulaaccrued other all sums bear- the bank. lars and dollars bearing since the banks. whatso- ing in upwards not bear-interest. last divi metals. ed in this rated banks. ever due terest. state. else debts due, in cluding of the notes, bank. not bear-ing inter ing inter- est. est. where. bills of ing the bank not bearing tion, pro- 101 Which return shall be signed by a majority of the directors and the cashier of each bank respectively, who shall make oath or affirmation, before some magistrate qualified to administer oaths, and who shall have no interest in said corporate body, to the truth of said return, according to their best knowledge and belief. SECT. 3. Be it further enacted, That the secretary of this Commonwealth, be, and he hereby is authorized and directed to procure, at the expense of the Commonwealth, printed copies of the form of return required by this act, and to furnish two such copies of the same to the cashier of every bank, which is or may be incorporated within this Commonwealth, at least ten days before the first Saturday of January in every year. [Feb. 26, 1825.] Further act 1825 ch. 146. Chap. 153. An Act in addition to an Act, entitled "An Act for the support and regulation of Mills," and the several Acts in addition thereto. 1795 ch. 74, &c. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That whenever any person shall complain Manner of giv- to the Court of Common Pleas, that he sustains damages in ing notice to his lands by their being flowed, whether said lands shall be respondents. situated either above or below any mill dam, the said court may order the complainant to notify the owner or owners, occupant or occupants of the mill dam complained of, if residents or inhabitants within this Commonwealth, otherwise their tenant, attorney, or agent, by serving him or them with an attested copy of such complaint, and the order of the court thereon, fourteen days at least before the sitting of the court to which the same is returnable; or such complainant may, the like number of days before the sitting of the court before which his complaint may be brought, cause the owners or owner, occupant or occupants, of such mill dam, his, her, or their tenant, agent, or attorney, in case he, she, or they, are not inhabitants or residents within this Commonwealth, to be served with an attested copy of such complaint. Deputies of the sheriff may summon, &c. a jury. SECT. 2. Be it further enacted, That whenever said court shall issue a warrant to summon a jury, as is set forth in the acts to which this act is in addition, the same may be directed to either of the deputy sheriffs, where the land so flowed may be situated, in case he is disinterested, which said deputy sheriff shall have the same power and authority to summon and empannel a jury, as the sheriffs now have, and to return their verdict accordingly, any law or custom to the contrary notwithstanding. assess dam SECT. 3. Be it further enacted, That when any jury shall How jury to be summoned under the said acts, to assess damages to any ages. person, the jury may take into consideration, in their assessment, any other damage occasioned to such person, as well as the damage to the land overflowed, and in offset thereto (if any there be) any benefit which may result to the complainant by reason of the mill dam complained of. SECT. 4. Be it further enacted, That in any case of complaint for damage, occasioned by flowing land as aforesaid, the respondent or respondents may pay into the court, or lodge with the clerk of the court to which such complaint may be made, giving notice thereof to the complainant, any sum of money as the amount of damages occasioned by such flowing, previously to the time of making such complaint, specifying the rate of damage per annum for which the same is paid, and if the complainant or complainants shall take the same out of court, or out of the hands of the clerk, and accept the same in full satisfaction of the damage complained of, the respondents or respondent shall be entitled to costs, to be assessed up to the time of such payment; but if the complainant or complainants shall not accept such amount as a full satisfaction of his or their damages complained of, but shall proceed in the prosecution of such complaint, and have the damages assessed under the acts to which this act is in addition, and shall not recover damages exceeding the sum so paid in, such complainant or complainants shall in such case be liable to pay full costs to the respondent or respondents, as in case of sufficient tender of a debt before action brought and subsequent readiness to pay the same; and in case the amount so paid into court shall be accepted as a full satisfaction of the damages complained of, the rights, remedies, and liabilities of all parties in the subject of such complaints shall be the same as if the amount so paid into court, or into the hands of the clerk, had been assessed by a jury under the acts to which this act is in addition. [Feb. 26, 1825.] Further act- 1825 ch. 109. This section is repealed 1825 ch. 109. An Act to incorporate the President, Directors, and Company of the Chap. 154. Farmers Bank in Belchertown. [Feb. 26, 1825.] An ACT authorizing the Selectmen of the town of Charlestown to re- Chap. 1. gulate the Police in certain cases. [June 16, 1825.] An Act to preserve the Forest and Wood Lands from fire, in the town Chap. 2. of Sandwich, in the county of Barnstable. [June 16, 1825.] Add. Chap. 3. An Act for the regulation of Lamps in the City of Boston. [June 16, 1825.] Chap. 4. An Act to incorporate the New-Bedford Institution for Savings. [June 16, 1825.] Chap. 5. An Act to incorporate the Wadsworth Monument Association. [June 16, 1825.] Chap. 6. Chap. 7. Chap. 8. An Act to incorporate the Barton Point Association. [June 16, 1825.] An Act to incorporate the first Congregational Society in Southwick. [June 18, 1825.] 1800 ch. 26. 1801 ch. 63. Consent that chase addi tional land. An Act in addition to an Act, entitled "An Act authorizing the United States to purchase a certain tract of Land in Charlestown for a Navy-Yard," and in addition to an act, entitled "An Act for incorporating certain persons for the purpose of laying out and making a Turnpike Road from Salem to Charles River Bridge, for building the necessary bridges on said road, and for supporting the same." SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the consent of this Commonwealth be, and hereby is granted to the United States, to purchase, U. S. may pur- in addition to the tract of land now owned by the United States, situated in the north-easterly part of the town of Charlestown, in the county of Middlesex, and occupied as a Navy-Yard, so much land adjoining thereto, as may be necessary for the purpose of rendering the boundary lines of the Navy-Yard, bordering on the Salem Turnpike, straight. The evidence of the purchase aforesaid to be entered and recorded in the Registry of Deeds, in the said county of Middlesex Provided, always, and the consent aforesaid is granted upon the express condition, that this Commonwealth. shall retain a concurrent jurisdiction with the United States, in and over the tract of land aforesaid, so far as that all civil, and such criminal processes as may issue under the authority of this Commonwealth, against any person or persons charged with crimes committed without the said boundary lines of the said tract of land, may be executed therein in the same way and manner as though this consent had not been granted. Concurrent jurisdiction retained. Corporation may sell land to U. S. SECT. 2. Be it further enacted, That the Salem Turnpike and Chelsea Bridge Corporation be, and they hereby are, authorized and empowered to convey to the United States so much of the land, now owned or possessed by them in the town of Charlestown, as may be necessary to make |