council. And that said by-laws when approved of and published as is provided by law, in respect to the by-laws of said cities, shall have the full power and effect of the by-laws of their said cities respectively: Provided, that such by-laws may at all times after made, be repealed by the Superior Court, for the counties in which said cities are respectively situated; if by such Court on hearing, adjudged to be unreasonable, or unjust.

AN ACT AUTHORIZING THE INCORPORATED CITIES TO MAKE CERTAIN BYLAWS AND ORDINANCES-PASSED, OCTOBER 1814.

Sec. 1. Be it enacted by the Governor and Council and House of Rep resentatives, in General Court assembled, That full powers and authorities be, and hereby are granted unto the courts of common council for the incorporated cities in this State, each of them respectively, to make by-laws and ordinances, for securing to the inhabitants of said cities, and other persons, the exercise of their rights in the use of the public squares, streets, and highways within said cities, free from obstruction and molestation; for designating the place or places for military parades, in or near to said cities, and purchasing grounds therefor; for laying out and regulating public squares and walks; for regulating military parades and rendezvous, within the limits of said cities, and the marching of military companies, or parties with music in the streets of said cities; for preventing and punishing trespasses on public buildings; for defining the powers and duties of the city watch, and carrying them into effect; and to inflict penalties for the breach of such by-laws and ordinances, in such sum or sums in like manner and under such limitations and restrictions as by the act or acts incorporating said cities respectively is provided, and said penalties to be prosecuted for, recovered, and in all respects proceeded with as in such act or acts of incorporation is directed: Provided, that such by-laws and ordinances made by said cou: is of common council each and every of them shall be approved by said cities respectively, in legal meeting assembled, and after being so approved, shall be published at least three weeks successively in some public newspaper, in or near said city where so made as aforesaid.

Sec. 2. All such by-laws and ordinances of said cities made as aforesaid, shall, at any time within six mor ths after they are made, be liable to be repealed by any Superior Court holden in the county wherein such city, making such by-laws or ordinances is situate, if such by-laws or ordinances shall, on hearing, he judged by such Superior Court unreasonable, or unjust.

AN ACT AUTHORIZING THE SEVERAL CITY COURTS IN THIS STATE TO APPOINT ATTORNIES-PASSED, JANUARY 1815.

Be it enacted by the Governor and Council and House of Representatives, in General Court assembled, That the several city courts in this State, be authorized to appoint attornies, in and for their respective cities, who shall be sworn to a faithful discharge of their offices; and said attornies shall be, and hereby are empowered to prosecute and sue for all penalties for the breach of the by-laws of said cities, in the name of the city, by bill, plaint, or information: And said courts shall proceed thereon in the same manner as the Superior and County Courts in this State, are authorized to proceed.

AN ACT IN ADDITION TO AN ACT ENTITLED "AN ACT ENLARGING THE POWERS OF THE CITIES INCORPORATED IN THIS STATE,” PASSED, OCTOBER 1815.

Sec. 1. Be it enacted by the Governor and Council and House of Rep resentatives, in General Court Assembled, That the courts of common council, or the major part of them, in the several incorporated cities in this State, are hereby authorized and fully empowered to pass by-laws, to license and regulate cart-men or truck-men, butchers, petty grocers or hucksters, and common victuallers, within the limits of said cities, under such restrictions and limitations as to them shall appear necessary.

Sec. 2. The courts of common council, or the major part of them, in the several incorporated cities in this State, be, and they are hereby authorized and empowered to raise a revenue by duties, or indirect taxes within said cities, and for the use of the same, and to pass by-laws relative to the mode of raising and collecting such revenue. Provided, however, that all such by-laws are to be approved by said cities, and published in the same manner, and shall be subject to be repealed by the Superior Court as by-laws made under the acts of incorporation of said cities now are.

AN ACT TO EXTEND THE JURISDICTION OF THE SEVERAL CITY COURTS IN THIS STATE-PASSED, OCTOBER 1817.

Be it enacted by the Governor and Council and House of Representatives, in General Court assembled, That whenever any bank or corporation established by this State, or the United States, shall have its office, or usual place of transacting business, within the limits of any incorporated city in this State, the city court of such city shall have cognizance of any action

brought by said bank or corporation, upon any bond, bill, note or other writing obligatory, made payable at the office of such bank or other corporation, and which shall have been discounted by, or endorsed to such bank, or other corporation, notwithstanding such bond, bill, note or other writing obligatory, may have been executed, drawn, accepted, or endorsed without the limits of said city.

AN ACT IN ADDITION TO THE ACTS INCORPORATING THE SEVERAL CITIES
IN THIS STATE, RELATIVE TO THE ASSIZE OF bread,
PASSED, MAY 1820.

Be it enacted by the Senate and House of Representatives, in General Assembly convened, That full authority be, aud hereby is granted to the courts of common council for the several cities, and the courts of burgesses in the several boroughs, in this State, or the major part of them, respectively, to make by-laws relative to the assize of bread, crackers, and biscuits, and other manufactures of flour, made to be sold within the limits of said cities or boroughs, and for the due regulation of the same.

Provided, that such by-laws shall be approved by the freemen of said cities, [and boroughs] respectively, in legal meeting assembled, and after being so approved, shall be published, at least three weeks successively, in some public newspaper in the city, or in the county in which such borough is situated. And all such by-laws shall, at any time after they are made, be liable to be repealed by any Superior Court holden in the county in which said city [or borough] is situated, if such Superior Court, on a hearing, shall judge the same to be unreasonable or unjust.

AN ACT EXTENDING THE POWERS OF THE SEVERAL CITIES IN THIS STATE, PASSED, MAY 1821.

Be it enacted by the Senate and House of Representatives in General Assembly convened, That the mayor, aldermen, and common council of each incorporated city in this State, shall have power, and power is hereby given to them, to make by-laws, prohibiting and regulating the bringing in, and carrying out of, or storing in said cities gun-powder, and to inflict penalties for the breach of such by-laws: Provided, that such penalties, shall not exceed thirty-four dollars, for a quantity of powder not exceeding twenty-five pounds; and for each and every further amount of twenty-five pounds of gun-powder, an additional penalty not exceeding fifteen dollars; and said penalties shall be to said corporations respectively, or to such individual or individuals, and be collected in such manner as said by-laws shall direct.

TITLE XII.

COLLEGES.

AN ACT INCORPORATING WASHINGTON COLLEGE,

PASSED, MAY 1823.

Sec. 1. Be it enacted by the Senate and House of Representatives, in General Assembly convened, That Thomas C. Brownell, Harry Croswell, Elijah Boardman, Samuel W. Johnson, Birdsey G. Noble, Samuel Merwin, Nathaniel S. Wheaton, Elisha Cushman, Charles Sigourney, Thomas McDonough, Richard Adams, David Watkinson, Ebenezer Young, Jonathan Starr, Jun., Nathan Smith, John Thompson Peters, Asa Chapman, Elias Perkins, John S. Peters, and Luther Loomis, and their successors, be, and the same hereby are constituted a body politic and corporate forever, by the name of "The Trustees of Washington College," and by that name shall and may have continual succession hereafter, and shall be able in law to sue and be sued, implead and be impleaded, answer and be answered unto, defend and be defended, in all courts and places whatsoever; and may have a common seal, and may change and alter the same at their pleasure; and also shall be able in law to take by purchase, gift, grant, devise, or in any other manner, and to hold any real and personal estate whatsoever; provided always, that the clear yearly value of the real estate so to be acquired, shall not exceed the sum of fifteen thousand dollars'; and also, that they and their successors shall have power to give, grant, bargain, sell, convey, or otherwise dispose of all or any part of the said real and personal estate as to them shall seem best for the interests of said college.

Sec. 2. The said trustees and their successors, shall forever hereafter, have full power and authority to direct and manage the funds for the benefit of the institution; and also to prescribe and direct the course of study, and the discipline to be observed in the said college; and also to elect from their own number or otherwise, a board or committee, to be called the Fellows of the College, to whom they may commit the superintendance of the course of study and discipline; and also to select and appoint a president of the said college, and such professor or professors, tutor or tutors to assist the president in the government and education of the student belonging to the said college, and such other officer or officers as to the said trustees shall seem meet; all of whom shall hold their offices during the pleasure of the trustees; provided always, that no president shall be

dismissed by the trustees without cause previously stated to him in writing, and a full opportunity allowed him for his defence, and by the concurrence of at least two thirds of the trustees. And provided further, that no professor, tutor, or other assistant officer shall be eligible to the office of a

trustee.

Sec. 3. Any five of the said trustees, lawfully convened as herein after directed, shall be a quorum for the despatch of all business, except for the disposal of real estate, or for the choice of a president, or for the election. of trustees; for either of which purposes, there shall be at least a majority of the whole number of trustees.

Sec. 4. The president of the college, shall always be ex officio, a member of the board of trustees, and chairman or president of the same; and that a secretary of the board shall be elected by the trustees, to hold his office during their pleasure.

Sec. 5. The said trustees shall have power to increase their number from time to time, at their discretion, to the number of twenty-four; and they shall also have power by a majority of votes of the members present, to elect and appoint, upon the death, removal out of the State, or other vacancy of the place or places of any trustee or trustees, other or others in his or their places or stead, as often as such vacancy shall happen, and also to make and declare vacant the seat of any trustee who shall absent himself for any term of two years, or from any four successive meetings duly notified; and they shall also have power to meet from time to time upon their own adjournment, and so often as they shall be summoned by their chairman or president, or in his absence, by the senior trustee, whose seniority shall be accounted according to the order in which the said trustees are named in this act, and shall be elected hereafter. Provided always, that the said chairman or president, or the senior trustee shall not summon a meeting of the corporation, unless required thereto in writing by three of the members: And provided also, that he cause notice of the time and place of the said meeting to be given in such manner as the trustees shall in their by-laws prescribe.

Sec. 6. The said trustees and their successors, shall have power and authority to grant all such literary honors and degrees, as are usually granted by any University, College, or Seminary of learning in this State, or in the United States, and in testimony of such grant, to give suitable diplomas under their seal, and the signatures of the president and secretary of the board, which diplomas shall entitle their possessors respectively, to all the immunities and privileges, which either by usage or by statute, are allowed to possessors of similar diplomas from any other University, College or Seminary of learning.

Sec. 7. The said trustees and their successors, shall have full power and authority to make all ordinances and by-laws which to them shall seem expedient for carrying into effect the designs of their institution: provided always, that such ordinances or by-laws shall not make the religious tenets of any person a condition of admission to any privilege in said college; and that no president, professor or other officer shall be made ineligible for or by reason of any religious tenet that he may possess, or be compelled by any by-law, or otherwise to subscribe to any religious test whatsoever: And provided also, that none of the by-laws as aforesaid, shall be inconsistant with the constitution and laws of this State, or with the constitution and laws of the United States.