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The compiled statutes of the state of New Hampshire: to which are prefixed ... online

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hundred dollars without notice being given and extra charges paid
for such risk and liability ; and such corporation shall be liable i(x
the safe transportation and delivery of all such baggage at the sta-
tion for whibh the same was received, or for the payment of the
value thereof, if they neglect or refuse to pay for such baggage as
aforesaid, on demand after the expiration of said thirty days«
{Laws of 1850, chap. 953, sec. 12.)



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OBAP. 151.]



COMMON LANDB.



361



CHAPTBE 161.

OF THE PBOFRIETORS OF COMMON LANI>8.

COMPILED PBOM

Chapter 143 of the Bevised Statutes.
" C34, Laws of 1846.



Bmonom



1.


Proprietor! may make bj-laws.


17.


9.


Meetings, where to be holden.




3.


Officers, their cboioe and duties.


18.


4.


*< where to reside.




5.




19.


6.


Assessments maj be made, how.


ao.


7.


Warrant to be given to collector.


21.


8.


Notice of assessment, how given.


22.


9.


If assessment unpaid, right may be


23.




sold.


24.


10.


Mode of sale and couTeyanoe.


25.


11.


Sales, where to be made.


26.


19.


Share of delinquent only to be sold.


27.


13.


Redemption, time and mode of.


28.


U.






16.






16.


Clerk to furnish copies of TOtes.





SSOTIOH

Proprietary records to be lodged with
town derk, when.

If concerning two towns, to be lodg-
ed in the oldest town.

To be lodged with secretary, when.

When may be recalled by town.

Penalty for wilfully retaining records.

Copies of records, how certified.

Effect of such copies as CTidence.

Fees fbr copies.

Penalty for neglect to make copies.

Penalty for destroying records.

Meetings of Masonian proprietors.

When annual meeting fidls, proprie-
tors may have meeting caUed by a
justice of the peace.



Section 1. The proprietors of common lan^s in any town in
this State, at any legal meeting thereof, may provide a mode for
calling futore meetings, choosing officers, laving assessments and
transacting all other business concerning such propriety, and may
establish by-lav7s therefor.

Sbc. 2. All proprietary meetings and adjournments thereof, for
any town having fifty or more families settled and resident there-
in, shall be holden in such town ; and for all towns having a less
number of families settled therein, in the nearest town in the same
eonnty having such number, or in the shire town of the county.

Sbc. 3. At any legal meeting holden for that purpose, said
proprietors may choose a clerk and treasurer, and such other offi-
cers as they shall deem necessary to manage the affairs of such
propriety, and prescribe their powers and duties, which officers
shall be sworn to the faithful discharge of their respective duties,
and shall hold their offices until others are duly chosen and quali*
fied in their stead.

Sec 4. All proprietary officers aforesaid shall be inhabitants of
this State, and if any such officer shall cease to be such inhabitant,
his said office shall thereupon cease. The proprietors' clerk for
each town having fifty or more families, sbaU reside in such town.



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862 OOMMON LAUDS. [TfTLB XTfff.

Sec. 5. Each proprietor at any proprietary meeting shall be
entitled to vote upon the shares by him held, as follows : for t\70
shares or less, one vote each ; for all shares not exceeding ten, one
vote for two shares : for every four shares exceeding ten and not
exceeding thirty, one vote ; for every six shares exceeding thirty, and
not exceeding sixtv, one vote ; and for every eight shares exceeding
sixty, one vote. If two or more persons are the joint proprietors
of one or more shares, they or any one ct them may vote accord-
ing to their interest therein in the same mann^.

Sec. 6. Said proprietors at any legal meeting may vote to
raise such sum of money as may be necessary to defray all i»o»
prietary charges, and choose persons to assess and collect the same,
and the interest and estate of every proprietor in all the lands
lying in common and not in severalty, sh^ be liable to pay such
assessment

Sec 7. The assessor shall apportion such assessment among
the original rights of the proprietors thereof, and commit the list
thereof to the collector with a warrant or precept under seal set-
ting forth his duty, the time for completing the collection, and to
whom the money is to be paid.

Sec 8. The coUector snail give notice of such assessments and
of the time and place of payment thereof, and that if the same
are not paid acccnrdingly, the money will be levied by the sale of
so much of the interest and property of each delinquent proprietor
as will pay the same and all expenses, by publislung such notioe
in the New Hampshire Patriot and State Glazette three weeks
successively, the last publication of which shall be fourteen days
at least before the day fixed therein for the payment of such as-
sessments, and by posting up a like notice in the town or place
wherein said lands lie f if within any settled town,) five weeks at
least before said day or payment, the expense of which shatt be
paid by said proprietors.

Sec 9. If such assessment shall not be paid by any proprietor
at the time specified in such notice, the eoU^stor shall advertise for
sale so much of the delinquent poprietor's land or right, as will
pay said assessment and all inciaental expenses, to be sold at nub*
lie auction to the highest bidder at such time and plaoeas shall be
therein spedfied, by publishing the notice of such sale, together
with the name of the proprietor and the amount of the assess-
ment, in the newspaper aforesaid, three weeks successively, the
last publication of which shall be seven days at least before the
day of sale, and by posting up a like advertisem^t for the same
space of time in the town wherein said land lies, if such town is
settled.

Sec 10. K such assessment and all incidental charffes shall not
be paid at or before the time of sale, the collector shall proceed to
make sale, at public auction, of so much of said delinquenlfs land
or right as will pay the same and inddental charges as aforesaid.

Sbc 11. All such auctions shall be holden in the same town



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CHAP. 151.] OOMMON LAlfB0« 868

in which the praprieton' meetings are required to be ht^dea ae
aforesaid, and shall take plaoe between the hours of ten in the
forenoon and six in the afternoon.

Beo. 12. If more than one petson is interested in any right or
share, and any snch part owner shall be delinquent in the payment
of any assessment as aforesaid, his interest in such right or share
may be sold in* the manner hereinbefore proyided.

Bbc. 13. Each proprietor of lands or rights so sold, his heirs or
any person interested therein, may redeem the same at any time
inrithin one year £rom the sale thereof by paying or tendering to
tbe coUector, his executor or administrator, or in his absence at the
ttsoal place of abode of said collector, his executor or administm^
tor, a sum of money equal to such assessment and the incidental
chaises of snch sale, and twelve per cent per annum interest
thereon from said day of sale, which shall be for the benefit of Hm
purchaser.

Sec 14. If said lands or rights shall not be redeemed within
one year from said day of sale as aforesaid, the collector shall exe*
ente to the purchaser thereof a good and vsdid deed of conveyance
thereof; but no such deed shall be executed until the time of
redemption has expired. If any proprietors' collector shall die,
remove from the State, or in any way be rendeied incapable of
completing the duty of his said office, his successors respeetively
fBBMj complete the same.

Sbo. 15. Said proprietors at any legal meeting may confirm^
ratify and establish any grants, conveyances, votes and transactions
by them designed and intended to be made, done, performed or
transacted agreeably to snch design, intsation and aim, notwith*
standing any want of legal form or piroper terms or any drfect in
relation thereto.

Sbo. 16. Every proprietors' clerk, upon payment or tender q€
ibe fees therefor, sbedl furnish to any person applying, a true and
attested copy of any proprietary record in his possession.

Sbc. 17. If in any town having fifty £amilies or more settied
therein, there is no clerk of the proprietors of the common lands
lying in such town, residing therein, the town elerk thereof shaU
mmand and receive the proprietary records of any person having
the possession thereof, aiHl shall keep tiie same with the records ^
such town, and any person having possession thereof shall deihrer
the same to such town clerk.

Sbc 18. If such proprietarr records relate to lands lying in
m<»re towns than one, they shali be deposited in the office of the
town deric of tiie town first incorporated, or in the dffiee of the
secretary of state.

Sbc. 19. When the propriety of any town in this State is dis-
solved, or when the meeting of the proprietors of any common and
undivided lands shall be dissolved and the clerk thereof shaU resign,
decease or become incapacitated, any person, the town cleik of
any town having fifty or more families excepted, having in his



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364 COMMON LANDS. [tITLB XVII.

posaesaion any record or tlocament appertaining to such propriety,
shall file and deposit it with the secretary of state who may demand
and receive the same.

Sec. 20. Whenever there shall be fifty families in any such
town, and such town shall vote that the town clerk shall keep such
records and documents, or whenever snob proprietors shall doly
appoint a clerk thereof, the secretary shall deliver to snch town
derk or proprietors' derk on demand, the records and documents
to him belonging, taking his receipt therefor.

Sec. 21. If any person shaU wilfully retain or keep any
records or documents appertaining to the propriety of any com-
mon and undivided lands, contrary to the provisions of the four
preceding sections, he shall forfeit for each offence one hundred
dollars, to the use of any person who will sue therefor, or be
punished by fine not exceeding five hundred dollars.

8ec. 22. While the records and documents aforesaid are in
possession of the secretary of state, or of any town derk, he shall
make out, certify and deliver copies of any part thereof when
thereto required, upon the payment or tender of the l^al fees
therefor.

Sec. 23. All copies of the records and documents aforesaid,
when made and certified as aforesaid, shall be as efiectual to all
intents and purposes as copies by other certifying officers.

Sec. 24. The fees for any copies aforesaid shall be tiie same
as are by law allowed to the clerks of the court of common pleas
for copies.

Sec 25. If the secretary of state or any town or proprietors^
derk shall refuse or neglect within a- reasonable time after the pay-
ment or tender of his fees therefor, to make out, certify and deliver
to any person a copy of any such record or document in his pos-
session, he shall forfeit one hundred dollars to any person who will
sue therefor, and be liable for all damagesf sustained by such neg^
lect or refusal.

Sec 26. If any person shall wilfully destroy any proprietary
record or document, or shall aid therein, or shall carry or aid in
carryine; any such record or document out of this State, he shall
be liable for damages to any person injured thereby, and such
offence shall be a misdemeanor for which the offender may be
indicted and punished accordingly.

Sec 27. The owners of the common and undivided lands in
this State purchased of John Tufton Mason deceased, commonly
called the Masonian proprietors, may hold their proprietary meet-
ings at Portsmouth in this State for transacting any business rela-
ting to said propriety ; and all votes, acts and doings of said pro-
prietors at such meetings passed, done or transacted, shall be as
valid for all purposes as if passed, done or transacted at a meeting
duly holden in the town or county in which tiie lands to which
such votes, acts or doings relate, are situated Such meetings,



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CHAP. 152.]



VOLUNTARY A8BOCIATIONS.



365



except as to the place of holding the same, shall be holden agree-
ably to the provisions of the laws regulating proprietors' meetings.
Sec. 28. When by mistake or accident, the proprietors of
common lands in this State shall have failed to hold their annual
meeting, or where no mode for calling special meetings shall have
been provided according to the provisions of the one hundred and
forty-third chapter of the revised statutes to which this is in addi-
tion, (this chapter,) three or more of the proprietors of said com-
mon lands may apply, in writing, to an^ justice of the peace in
this State, requesting him to call a meeting of the proprietors of
said common lands. And such justice of the peace shall thereupon
issue his warrant calling the meeting requested in such application,
at such time and place not inconsistent with the provisions of this
chapter, as he^shaJl judge proper; which application and warrant
shall be published three weeks successively prior to holding such
meeting, in some newspaper printed in the county in which a ma-
jor part of such proprietors shall reside. And said meetings thus
called and held, shall be taken and deemed to be valid, and when
assembled, shah be governed in all respects according to the re-
quirements of the said one hundred and forty-third chapter of the
revised statutes. {Laws q/'1846, chap. 334.)



CHAPTER 152.

OF VOLUNTABY ASSOCIATIONS.

COMPILED FROM

Chapter 145 of the Revised Statutes.
" 325, Laws of 1846.



SXOTION

1. Tolantarj assodations, for what pur-
poses may be formed.

S. YoIaBtarjr associations, how formed.

8. MeetiDgs, how called and holden.

4. Name of association assumed.

5. Notice thereof to be published.

6. Bj-laws, how adopted.



Sbotion

7. Powers of snch associations.

8. Property of association limited.

9. Money raised as agreed npon.^

10. Stock may be divided into shares.

1 1 . Assessments, how made and collected.
13. Becords, how kept and used.

18. Members personally liable..



Section 1. Any persons may voluntarily associate themselves
together, and have all the powers of a corporation, for either of the
following purposes :

1. To establish and maintain literary and scientific Institutions :

2. To promote knowledge and skill among the members by the
establishment of a library, lyceum, musical, agricultural, literary
or scientific association :



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966 TOLVKTAKT ASSOCIATIOIffl. [tITLE XYIU

3. To supply any place with water by means of an aqnedQci:

4. To organize a fire engine company or a mutaal fire inamranoe
company :

5. To provide, hold and keep in repair suitable grounds and other
eottveniences for the burial of the dead, or for a public walk og
common :

6. For the puifpose of promoting the cause of temperance:
(R &j sec. 1, and laws of 1846, chap. 325.)

Sbc. 2. Every such association shall be formed by written
articles specifying the objects of the association, and the conditioos
on which it is formed, and subscribed by each member thereof*

Sec. 3w The first meeting shall be notified, organized and
holden in the manner prescribed in the articles of association.

Sec. 4. Any such association may adopt a coipomte name^
either in the original articles or by vote at the first meeting thereof
and may at any regular meeting adopt a corporate seal, and alter
the same at pleasure.

Sec. 5. Every such corporation shall give public notice of its
formation, name and object, by publishing such notice three weeks
successively in som6 newspap^ (mnted in the county in which
such association is formed, or if no paper is published in such
county, then in some adjoining county, and also by posting a like
notice in one or more public places in the town in which such
association is formed and located.

Sec. 6. Any such corporation, when organized, may adopt all
such by-laws and regulations as may be thought expedient, not
repugnant to the laws of this State :

1. To regulate the mode of notifying, and the times and places
of holding the meetings thereof:

2. To regulate the number of officers of the corporation, their
powers and duties, and the mode of choosing them :

3. To provide the mode of admitting and discharging members :

4. To provide for the laying of assessments, and for selling or
forfeiting the rights or shares of members for the non-payment
thereof:

5. And all other by-laws and regulations necessary in promoting
the object of the association.

Sec. 7. Every such corporation, when organized, may sue and
be sued, may appear, prosecute and defend to final judgment and
execution in any court, and may purchase and hold, lease or con-
vey real or personal estate necessary to promote the objects of the
association, and which shall be devoted exclusively to such object

Sec. 8. The annual value or income of the property of any
such corporation shall not exceed at any time the amount of one
thousand dollars.

Seo. 9. Any such corporation may raise money of its mem-
bers in any manner agreed upon by the articles of association.

Sbo. 10. Such corporations may by their articles of associa-
tion or by-laws, or by vote, divide their stock or corporate property



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CHAP. 15a]



BBLieiOVS BOOIBT1E8.



367



into shaiee, and determine the tenns on which aad the manoer in
which such shares shall be holden and conveyed.

Sec. 11. When the stock or corporate property shall be so
divided into shares, any such corporation at any legal meeting
notified for that purpose may raise money by assessment on the
shares or rights of the members in proportion to their several int^*
ests, and the payment of such assessments may be enforced by
the scde or forfeiture of the estate of any member in such corpo-
ration, in such manner as the corporation may provide, but no
other estate of such member shall be liable therefor.

Sec. 13. The clerk or secretary of eVery such corporation shall
keep a fair record of all the proceedings of such corporation, in a
book furovided for that purpose ; and such records may be read in
evidence in any court in any case where the interests of such cor-
poration are concerned.

Sec 13. Every member of such corporation shall be person-
ally liable for the debts thereof lawfully contracted, and may have
contribution from the other members thereof for all payments so
made by him on account of the corporation, either by action for
money paid or by a bill in equity at his election.



CHAiPTER 153.

OF RBLIGIOUS SOCTETIES.
COMPILED FROBf

Chapter 144 of the Revised Statutes.
" 719, Laws of 1848.



Sbctioh


Sbction


1.


Religions sodetiefl, how fonned.


10.


Minister may hold parsonage.


s.


Power* and rights of sach societies.


11.


Conyeyance by society, when yalid.


3.


Society may make by-laws.


12.


" ** minister, « «


4.


Members may leave at pleasure.


IS.


Committee, their choice and powers.


5.




14.


Income of property limited.


6.


Parishes may appoint agents.


15.


Society of Mends, property how held


7.


Donations to nnincorporated society,




by.




how holden.


16.


May sell meeting houses.


S.


Chnrch officen may take, when.


17.


Notice to be pablished.


9.


Ministera of, when deemed officers.


18.


Proceeds of sale, how divided.



Section 1. Any persons may associate themselves togeibet
by written articles signed by each member, form a religions societr,
assnme a corporate name, and choose a clerk, who shall be doiy
sworn ; and having recoided their proceedings, name and inten-
tions in a book of records to be kept by said derk, and having



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S68 RBLIOIOUS SOCIETIES. [tITLE XVII.

published the same in some newspaper, if any there be, in the
county in which such society is formed, otherwise in some adjoin-
ing county, they shall be constituted and become a body politic
and corporate.

Sec 2. Such corporation shall possess and enjoy all the pow-
ers, privileges and immunities, and shall be subject to all the lia-
bilities incident to corporations of a similar nature; may take,
hold and possess by purchase, gift, grant, devise or otherwise, any
real or personal estate for the purpose of erecting and keeping in
repair a house of public worship, a parsonage house and other
buildings necessarily connected therewith, and for supporting the
ministry in such society; and may improve, sell, convey and dis-
pose of the same for the sole use and benefit of such society;
provided that the annual value or income of all the estate of such
society shall not exceed two thousand dollars.

SiBc. 3. Such society may have and use a common seal, and
may alter and renew the same at pleasure ; may provide for the
calling and holding of meetings and the admission of members ;
may choose all necessary officers and prescribe their duties, and
make all by-laws and regulations, not repugnant to the laws of
this State, which may be deemed necessary or expedient for the
due government of such society, and the proper management of
its funds.

Sec. 4. No person shall be compelled to join or support any
such society, without his express consent first had and obtained ;
and any person may separate from any such society by leaving
with the clerk thereof a written notice by him signed, of his inten-
tion so to separate, and paying all legal assessments and arrear-
ages firom him then due to such society.

Sec 5. Such society, at any legal meeting notified and holden
for that purpose, may assess and raise money by taxes upon the
polls and ratable estates of the members thereof, and may collect
and appropriate the same for the purposes aforesaid, and the as-
sessors and collectors, in assessing and coUecting any such tax,
shall have the same powers and be subject to the same penalties
as similar town officers in like cases.

Sec 6. The members of every parish and religious society
may by vote appoint one or more agents or attorneys to appear
for and represent them in any suit at law, and upon any other
occasion.

Sec 7. In case any donation, gift or grant shall be made to
any unincorporated religious society, such society shall have the
like power to manage, use and employ the same, according to the
terms and conditions on which the same may be made, as incor-
porated societies now have or may hereafter have by law; to
elect suitable trustees, agents or officers therefor; and to prosecute
and sue for any right which may vest in them in consequence of
such donation, gift or grant ; and such society shall be a corpora-
tion, so far as may be necessary for the purposes expressed in this



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0«AP. 153.] KSLIGIOU8 SOCIETIES. 369

section ; provided that the income of the donations^ gifts or grants
to any one of such unincorporated religious societies shall not
exceed the sum of two thousand dollars a year.

Sec. 8. The trustees, deacons, church wardens or other similar
officers of all churches or religious societies, if citizens of the
United States, shall be deemed bodies corporate for the purposes
of taking and holding, in succession, all grants and donations,
whether of real or personal estate, made either to them and their
successors, or to their respective churches, or to the poor of their
churches.

Sec. 9. In all cases where the ministers, elders or vestry of
any church shall, in the grants and donations mentioned in the
preceding section, have been joined with such deacons or church
wardens, as donees or grantees, such officers and their successors,
together with the deacons or church wardens, shall be deemed the
corporation, for the purposes of such grants and donations.

Sec 10. The minister of every church or religious society of
whatever denomination, if a citizen of the United States, shall
be capable of taking in succession any parsonage land granted to
the minister and his successors, or to the use of the ministers, or
granted by any words of the like import, and may prosecute and
defend in all actions touching the same.

Sec 11. No conveyance of the lands of any church shall be
effectual to pass the same, if made by the trustees or deacons
without the consent of the church or of a committee of the church
appointed for that purpose, or if made by the church wardens,
without the consent of the vestry.

Sec 12. No conveyance made by any minister of lands held
by him in succession, shall be valid any longer than he shall con-



Online LibraryNew HampshireThe compiled statutes of the state of New Hampshire: to which are prefixed ... → online text (page 39 of 80)